AG Rowe Give Notice of Consumers' Rights Under "Data Act"

January 31, 2007

Attorney General Steven Rowe advises individuals, businesses and other entities, including colleges and universities and State agencies, who maintain computerized data containing personal information, that effective January 31, 2007, they will become subject to the Notice of Risk to Personal Data Act, 10 M.R.S.A. S1346-1349 (Data Act). The Data Act requires notification to consumers when there has been a security breach of computerized data containing their personal information that could result in identity theft.

Rowe explained "This law will help people protect themselves from identity theft by alerting them early when someone has gained unauthorized access to their private information. Early notification will allow people to better monitor their financial records for suspicious activity."

The Data Act also requires that notice be given to the Attorney General's Office or to the appropriate agency within the Department of Professional and Financial Regulation if the person, business or entity giving notice is regulated by that agency. Notice to the national consumer agencies is also required if notification to more than 1000 persons is required as a result of a security breach. Violations of the Data Act are civil violations for which fines and other equitable remedies may be imposed. The law is available on the State of Maine's internet site.

For more information on the Data Act, visit http://www.maine.gov/ag/. Additionally, persons may direct question to the Attorney General's Office by calling AAG Linda Conti at 626-8591.

Contact: DAVID LOUGHRAN, SPECIAL ASSISTANT TO THE ATTORNEY GENERAL (207) 626-8577 OR david.loughran@maine.gov

Maine Consumers Protected By Implied Warranty Law

February 5, 2007

This is Consumer Protection Week.

Attorney General Steven Rowe today used the occasion of Consumer Protection Week to highlight a little-known but very important protection for Maine Consumers. Maine law provides automatic warranty protection in addition to any "express" written or verbal warranty provided by a seller or manufacturer.

In general, the implied warranty law applies to new or used consumer items that:

  1. Are seriously defective;
  2. Have not been abused; and
  3. Were purchased less than four years ago and still within their normally expected "useful life" (i.e., not simply worn out).

All new and used goods purchased for family, household or personal use--clothes, new cars, appliances, sports equipment and more--are warranted by law to be fit for the ordinary purpose for which such goods are used. The only exception to this law is that used car dealers can disclaim implied warranties when selling used cars "as is,? without any express warranty.

If you have been the victim of a breach of the implied warranty, then you are generally entitled to your incidental and consequential damages (e.g., free repairs by either the manufacturer or the seller). Please note: In order to preserve your warranty rights you should always give both the dealer and the manufacturer written notice of the defect.

The entire Maine Consumer Law Guide is always online at: http://www.maine.gov/ag/clg.html


CONTACT: CHARLES DOW, DIRECTOR COMMUNICATIONS AND LEGISLATIVE AFFAIRS 207-626-8577

Attorneys General Praise Beam Global for Adopting Stronger Voluntary Advertising Standard to Reduce Youth Exposure to Alcohol Ads

May 7, 2007

Alcohol Industry Urged to Follow Beam’s Lead

Attorney General Steve Rowe praised Beam Global today for adopting a comprehensive set of new policies designed to reduce exposure of its advertising to underage persons. Beam Global is the largest distilled spirits company based in the U.S. Beam Global adopted these measures following talks with state Attorneys General from around the country. Attorney General Rowe joined 36 other Attorneys General in calling on members of the alcohol beverage industry to follow Beam’s lead.

Recent studies confirm the correlation between alcohol advertising and underage drinking. While advertising is only one of the factors that contribute to underage drinking, the importance of reducing youth exposure to alcohol advertising is magnified given that youth who begin drinking before age 15 are four times as likely to develop alcohol dependence after age 21. Reducing alcohol advertising helps to reduce the cultural forces that encourage and support underage drinking.

“Beam Global’s new standards represent a significant and encouraging step to reduce youth exposure to alcohol advertising,” Rowe said. “I join Attorneys General from around the country in calling on other alcohol industry members to follow Beam Global’s lead and join in the effort to reduce underage drinking by reducing youth exposure to alcohol advertising.”

For more than two years, Attorneys General have been calling on Beam Global and other alcohol manufacturers to implement improved voluntary standards that reduce youth exposure to alcohol advertising. As co-chair of the National Association of Attorneys General Youth Access to Alcohol Committee, Attorney General Rowe has been leading this effort. Beam Global took this call to heart and modified its marketing practices by adopting the following policies:

  • Beam Global will make sure that no more than 25% of the audience for any of its TV, radio or print advertisements is under 21.
  • In addition, Beam Global will insure that no more than 15% of the annual average audience for its TV, radio, and print advertising is underage.
  • Beam Global will not introduce or market any “flavored malt beverages” – sweetened, flavored alcoholic drinks (also known as alcopops) that the AMA and others have found to be particularly popular with teenage girls.
  • Beam Global will not advertise within 500 feet of schools, playgrounds, or places of worship.
  • Beam Global products will not be marketed on college campuses or in connection with Spring Break events.
  • Beam Global will adopt enhanced standards for restrictions on brand name merchandise.

The current alcohol industry standard provides that advertisements may be placed in any media where less than 30% of the audience is under age 21. However, youths ages 12-20 make up only about 15% of the population age 12 and older. The landmark report issued in 2003 by the National Research Council and Institute of Medicine, Underage Drinking: A Collective Responsibility, proposed voluntary ad placement limits by the alcohol industry as the most important strategy to address youth overexposure to alcohol advertising. The report concluded that the industry standard allows for too much exposure and should be reduced to 25% to signify meaningful self-restraint.

In March of this year, Acting Surgeon General Kenneth Moritsugu issued A Call to Action to Prevent and Reduce Underage Drinking. In it, he calls on the alcohol industry to place alcohol advertising in ways that do not disproportionately expose youth to messages about alcohol. Under Beam Global’s new advertising standard, alcohol ads will not appear in magazines or during television shows particularly popular with adolescents.

Attorney General Rowe and 36 other Attorneys General have written to Beam Global welcoming this action and commending Beam Global for its leadership in stepping forward to address this important issue.

Note: You can read the Surgeon General’s Call to Action at http://www.surgeongeneral.gov/topics/underagedrinking/calltoaction.pdf

********** Contact: Jessica Maurer, Special Assistant Attorney General, 207-626-8515 or jessica.maurer@maine.gov

Rowe Praises Passage of Bill to Prevent Elder Abuse

May 14, 2007

Attorney General Steve Rowe praised the passage of L.D. 1428, “An Act to Facilitate Reporting by Maine Financial Institutions of Elder Financial Exploitation”. This legislation provides immunity to banks and other financial institutions for good faith disclosures of suspected financial exploitation of dependent adults.

“This law provides Maine people an additional resource to help shield seniors from abuse, neglect and exploitation.” Rowe said. “The fundamental role of government is to protect the most vulnerable among us. By enacting this law we have done just that.”

The bill, which was submitted by the Attorney General and sponsored by Rep. John Brautigam (D-Falmouth), was passed by the House and the Senate earlier this month and signed into law by Governor John Baldacci on Friday, May 11, 2007. Rep Brautigam stated, “Today, those who care about Maine’s seniors can celebrate a new tool in the effort to stop financial abuse. I am pleased that the financial institutions of Maine have embraced this measure and now can be strong allies in the fight to protect a population that has too often been victimized.”

Organizations including the AARP, Maine Association of Community Banks, Maine Bankers Association, the Maine Credit Union League, the Department of Health and Human Services and the Maine Bureau of Financial Institutions joined Attorney General Rowe and Rep. Brautigam in supporting the bill.

“The efforts of all involved were instrumental in gaining passage of this important piece of legislation.” Rowe added, “My office looks forward to working with these organizations to maximize its benefits.”

For more information on L.D. 1428, please visit: http://janus.state.me.us/legis/LawMakerWeb/summary.asp?ID=280024190


David Loughran, Special Assistant to the Attorney General (207) 626-8577 OR david.loughran@maine.gov

Attorney General Sues Mortgage Lender

October 5, 2007

Attorney General Steve Rowe filed a suit against Downeast Mortgage Corporation, Commercial Street Capital LLC, James Lindvall a principal in both companies and Catherine Campbell a loan officer for engaging in Unfair and Deceptive practices in making commercial loans to finance the sale of a single family residence. The matter was referred to the Attorney General by William Lund, the Superintendant of the Bureau Consumer Credit Protection.

“This case is illustrative of some of the pernicious practices that contributed to the current foreclosure crisis. Mortgage companies should not steer consumers who do not qualify for mortgages to more risky products lacking consumer protections” said Superintendant Will Lund.

The Attorney General’s complaint states that in late 2005 Kyle and Melissa Wilkinson applied for a home mortgage loan with Downeast Mortgage. When they did not qualify for a home loan, Downeast and its employees steered them to a commercial loan. The companies and the Wilkinsons created a commercial LLC, KW Properties, for the sole purpose of entering into the loan transaction. The lenders and the Wilkinsons also persuaded the Wilkinsons’ aunt and uncle to guarantee the commercial loan without explaining the terms of the guaranty. The loan is now in foreclosure.

“Mortgages loans should only be made when the consumer qualifies, is informed of the terms and has the ability to repay the loan.” said Attorney General Rowe.

The Office of the Attorney General worked with Legislators, industry officials and the Bureau of Consumer Credit Protection to enact legislation to protect consumers from predatory loans. The law, an “Act to Protect Maine Homeowners from Predatory Lending” (Chapter 273 of the Public Laws of 2007), will be effective in January of 2008.

Attorney General Rowe’s Office partners with the Bureau of Consumer Credit Protection, Pinetree Legal and others to investigate unfair practices in connection with home mortgages and to assist consumers who are in foreclosure due to these practices.

Linda Conti, Assistant Attorney General, (207) 626-8591 David Loughran, Special Assistant to the Attorney General, (207) 626-8577

Rowe Settles School Bus Merger Case

September 26, 2007

Maine Attorney General Steve Rowe announced today that his office has settled a case involving an antitrust challenge to the merger of the two largest school bus contractors in the nation, FirstGroup (also known as First Student, Inc.) and Laidlaw International, Inc.  Over the past decade, Maine school districts, like their counterparts around the United States, have increasingly turned to private contractors to provide transportation to the students and families they serve. 

The State’s Complaint, filed today in the Federal District Court in Massachusetts charges that FirstGroup’s proposed acquisition of Laidlaw would violate the federal Clayton Act as well as antitrust laws of Maine and the other Plaintiff States.  The settlement is set forth in a proposed Consent Decree (an agreed upon court order), which was filed at the same time as the Complaint.  The Consent Decree imposes significant remedial conditions, which vary somewhat from State to State. 

In Maine, the agreed-upon resolution commits FirstGroup and its subsidiaries to provide the Attorney General with 60 days’ advance notice of any future acquisitions of school bus service company that is active in Maine.  In addition, it bars FirstGroup from employing threats not to bid as a means to force districts to adopt contract specifications favorable to the company.  Finally, it accords to the Attorney General the discretionary power to order FirstGroup to divest up to two district school bus services contracts (with related assets such as buses, depots and maintenance facilities), if necessary to bring FirstGroup into compliance with Maine law.  The divestitures, which must relate to contracts in a broad area around Bangor, including southern Penobscot and Hancock Counties (as well as municipalities in Waldo and Washington Counties), may be ordered during a time period running from July 1, 2008 through the first anniversary of the date on which the school consolidation program now in process has been completed.

“Our review of the transaction found that FirstGroup and Laidlaw were particularly close competitors in the southern Penobscot and Hancock County area,” Rowe explained.  “That is the region of our state which we judged the merger could have a serious anticompetitive impact, which is why we asked for and won the right to order divestitures there.”  Rowe commended his antitrust staff and the staffs of the other Plaintiff States for their work on the case.  He also recognized FirstGroup for its cooperation with the States’ investigation.  “We have worked well with FirstGroup in the course of this merger review, and have reached a fair and mutually acceptable result.  That bodes well for our relationship in the future,” said Rowe.

The states involved in the complaint are Maine, Alaska, California, Connecticut, Illinois, Massachusetts, Minnesota, Missouri, New Jersey, Rhode Island and Washington.

David Loughran, Special Assistant to the Attorney General, (207) 626-8577?

Throumoulos Sentenced to Jail Time, Probation

September 24, 2007

York County Superior Court Justice Paul Fritzsche sentenced Peter Throumoulos to four years in jail with all but 60 days suspended and three years probation. In August, a jury found him guilty of stealing $18,000 from the Maine Clean Elections Fund in connection with his 2004 state Senate race, and of attempting to steal a similar amount during his 2006 state Senate race. Jurors also found him guilty of three counts of aggravated forgery.

Other conditions of the sentence include; a prohibition on possessing or circulating Maine Clean Election Petitions or related documents, an order to pay restitution of $35 a month for the 36 months of probation, and a requirement to continue to engage in psychiatric counseling. 

Throumoulos has filed an appeal, and his jail sentence was stayed pending appeal, although probation will begin immediately.

David Loughran, Special Assistant to the Attorney General, (207) 626-8577

October is Domestic Violence Awareness Month.

September 27, 2007

Refunds available for AOL customers who had trouble canceling accounts or who incurred charges they did not authorize.

September 24, 2007

An agreement between most U.S. states and AOL requires AOL to provide refunds for customers who had trouble canceling accounts or incurred charges that the customers did not authorize. We have information on how to contact AOL to request a refund. You can also read the formal agreement between AOL and the Attorneys General. (Warning: This is a large pdf file. Adobe Acrobat Reader is required to view it.)

A Message From Attorney General Steve Rowe About Identity Theft

September 24, 2007

Today's technology provides us with extraordinary benefits. It has given us the ability to conduct business online, share information about ourselves with those who live thousands of miles away and access information at the "speed of light." Unfortunately, it has also provided the same benefits to identity thieves who use someone else's personal financial information to access bank accounts and obtain credit, often destroying the life savings and good credit history of innocent victims.

As our access to information increases, our concerns about financial privacy should increase as well. Identity theft has increased so dramatically that the Federal Trade Commission has listed it as the top fraud-related consumer complaint for the past five years, with consumers reporting million of dollars lost to fraud. One non-profit organization has tracked significant security breaches of personal information since February, 2005 and shows millions of people who are potentially at risk for identity theft. The following is provided to help you protect your financial privacy and the steps to follow if you have become an identity theft victim.


Steps You Can Take To Protect Your Financial Privacy

Your date of birth, name and social security number are all the information a thief needs to steal your identity. If you are contacted by phone, mail or email and asked to provide any of these, first ask yourself: "Would I give the key to my home, the key to my vehicle or my checkbook to this person?" If the answer to any of these questions is "No" - don't provide the information.

1. Be cautious with your mail. Don't leave mail in your mailbox or where strangers may have access to it. Don't include personal financial information or social security numbers in email. You can add your name to the Direct Marketing Association's "Do Not Mail" list by calling them at 212-790-1500, writing to them at 1615 L St. NW, Suite 1100, Washington, DC 20036-3603 or registering on their website at: http://www.dmaconsumers.org/consumerassistance.html

2. Make certain that information about you and/or the account number is not legible before throwing away any financial statements. Either use a shredder or a marking pen to black out the pertinent information. Review all account statements carefully to be sure that all transactions are familiar to you.

3. Monitor your credit reports. Every resident of Maine is entitled to a free credit report from each of the three credit reporting bureaus once a year. To obtain your credit reports, call 1-877-322-8228 or visit www.annualcreditreport.com. Review these reports carefully and make certain that there is nothing on any report that should not be there.

4. Do not give any personal information to anyone over the telephone or the internet. If you are asked for this information, a quick phone call to the bank or business security department will verify if the information is needed. DO NOT take the phone number from the person who is calling and call them back at the number they provide. Don't be fooled by internet messages asking for personal information. They may seem to be from your bank or some other legitimate organization, but they are not. Banks never ask for personal information over the internet or the phone. You can register for the Do Not Call List by contacting the Federal Trade Commission (FTC) at www.donotcall.gov or call toll-free, 1-888-382-1222 (TTY 1-866-290-4236), from the number you wish to register. Registration is free.

5. Use the "opt out" choice with your creditors and banks. The Gramm-Leach-Bliley Act limits these institutions from providing some of your private financial information to other companies if you notify them that you wish to opt out. The kinds of information that can be provided include account balances, transaction histories and information about debit or credit card purchases. Each creditor or bank must notify you once a year and offer you the option of opting out and provide you with clear instructions about their procedure for doing so. Contact your creditors and financial institutions and ask about their policies for opting out.

Credit bureaus also share your credit information with companies who want to offer you financial services. Under the Fair Credit Reporting Act, you can have your name removed from these lists and reduce solicitations for pre-approved credit cards by calling 888-567-8688. For more detailed information about the Gramm-Leach-Bliley Act, or about opting out, visit http://www.ftc.gov/privacy/privacyinitiatives/glbact.html

For more detailed information about the Fair Credit Reporting Act, visit http://www.ftc.gov/os/statutes/fcrajump.htm

For more information about the specific provisions of Financial Privacy laws, visit http://www.privacyrights.org/fs/fs24-finpriv.htm

6. Be extremely careful when making purchases over the internet. If you are making an internet purchase, try to use a secure purchasing account that doesn't reveal your credit card number. Do not authorize a payment from your bank account or provide the seller with your account number or social security number. If you have to make a payment using a card, be certain to use a credit card rather than a debit card. When using the internet to conduct business, make certain that the website is secure and the seller is reputable. If you are unfamiliar with the seller, contact the local Better Business Bureau or the Consumer Protection Division of the Attorney General's office in the state where the business is located. When you are unfamiliar with an internet seller, don't spend more money than you can safely afford to lose.

Financial Privacy Makeover

Quick Financial Privacy "Makeover"

Take these simple steps to make your financial information more secure:

DO NOT MAIL LIST
Have your name added and reduce junk mail.
Direct Marketing Association
212-790-1500
1615 L St. NW, Suite 1100
Washington, DC  20036
http://www.dmaconsumers.org/consumerassistance.html      

DO NOT CALL LIST                                  
Have your name added and reduce unwanted phone calls.     
Federal Trade Commission
1-888-382-1222
www.donnotcall.gov

FREE CREDIT REPORTS                                   
Request one from each bureau every year
877-322-8228
www.annualcreditreport.com

CREDIT CARD SOLICITATION                                   
Have your name removed from pre-approved credit card mailings
888-567-8688

FREEZE YOUR CREDIT REPORT
For a slight fee no one can receive credit information about you.
EQUIFAX: 1-800-525-6285
EXPERIAN: 1-888-397-3742
TRANSUNION: 1-800-680-7289

CREDITORS AND BANKS                      
"Opt Out" so your financial information remains private.
CONTACT EACH INDIVIDUALLY


What To Do If You Are A Victim Of Identity Theft

Identity theft is a crime which generally results in fraud. If you believe you have become a victim of identity theft, you must act immediately to minimize the damage and to secure your legal rights. Fighting identity theft can be frustrating and time-consuming, but resources exist to help you.

  1. Contact any of the three consumer reporting companies below.
    Equifax: 1-800-525-6285; www.equifax.com; P.O. Box 740241, Atlanta, GA 30374-0241
    Experian: 1-888-EXPERIAN (397-3742); www.experian.com; P.O. Box 9532, Allen, TX 75013
    TransUnion: 1-800-680-7289; www.transunion.com; Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92834-6790

    Contacting one of the three companies above automatically alerts the other two companies which will also place an alert in their records.

    When you call, an initial fraud alert (90 days) will be placed on your credit report and a free copy of your credit report will be sent to you. The fraud alert prevents any new accounts from being opened in your name without your permission. After the initial fraud alert has expired, if you have filed a police report, you can request an extended fraud alert (7 years.) To obtain an extended fraud alert, you must provide the credit reporting companies with a copy of your initial police report and any other fraud reports they may require.

    As of February, 2006, Maine became one of several states to allow consumers to "freeze" their credit reports. With certain specific exceptions, a security freeze prohibits a credit reporting agency from releasing your credit report or any information from it without your express authorization. The freeze goes into effect five (5) business days after the credit reporting agency has received your letter. After 10 business days from receiving your letter to place a freeze on your account, the credit reporting agencies will send you a confirmation letter containing a unique PIN (personal identification number) or password. Keep this PIN or password in a safe place. If your credit files are frozen, even someone who has your name and Social Security number probably would not be able to obtain credit in your name. A security freeze is free to identity theft victims who have a police report, investigative report or a complaint to a law enforcement agency concerning identity theft.

    To place a freeze, you must write to each of the three credit bureaus. Download a sample letter requesting a security freeze (MS Word). Credit bureaus charge a $10 fee, unless you are a victim who sends a copy of your police report, investigative report or a complaint to a law enforcement agency concerning identity theft.
  2. Report the crime immediately to local law enforcement. Make sure a written report is taken and that you receive a copy of the police report so that you can give copies to creditors. If local law enforcement will not give you a copy of your report, contact the Attorney General at 626-8800.
  3. Contact any creditors or financial institutions if you believe your accounts have been tampered with or if fraudulent accounts have been opened. Close the accounts and ask for a fraud investigation. If you contact them initially by phone, make sure that you confirm your conversation in writing. Download a sample letter you can use to dispute a fraudulent account or charge (MS Word). Some companies have forms you can use to dispute the charges due to fraud but in most cases, the dispute must take place within sixty days of the initial fraud. When speaking with creditors or financial institutions, you have the right under the Fair Credit Reporting Act to receive copies of transaction records. These companies are required by law to send you any documents they have within 30 days. They may require an identity theft affidavit and a police report from you. You can then use a copy of the creditor's transaction record to provide evidence that can identify the thief to your local police.

    Under the FCRA, both the consumer reporting company and the information provider (the business that sent the information to the consumer reporting company), such as a bank or credit card company, are responsible for correcting fraudulent information in your report. To protect your rights under the law, contact both the consumer reporting company and the information provider.
  4. Steps to take if the identity theft has resulted in a fraudulent electronic withdrawal from your account:
  • The Electronic Fund Transfer Act provides consumer protections for transactions involving an ATM or debit card, or another electronic way to debit or credit an account. It also limits your liability for unauthorized electronic fund transfers.
  • You have 60 days from the date your bank account statement is sent to you to report in writing any money withdrawn from your account without your permission. This includes instances when your ATM or debit card is "skimmed" that is, when a thief captures your account number and PIN without your card having been lost or stolen.
  • If your ATM or debit card is lost or stolen, report it immediately because the amount you can be held responsible for depends on how quickly you report the loss.
  • If you report the loss or theft within two business days of discovery, your losses are limited to $50.
  • If you report the loss or theft after two business days, but within 60 days after the unauthorized electronic fund transfer appears on your statement, you could lose up to $500 of what the thief withdraws.
  • If you wait more than 60 days to report the loss or theft, you could lose all the money that was taken from your account after the end of the 60 days.
  • Note: VISA and MasterCard voluntarily have agreed to limit consumers' liability for unauthorized use of their debit cards in most instances to $50 per card, no matter how much time has elapsed since the discovery of the loss or theft of the card.

    The best way to protect yourself in the event of an error or fraudulent transaction is to call the financial institution and follow up in writing by certified letter, return receipt requested so you can prove when the institution received your letter. Keep a copy of the letter you send for your records.

    After receiving your notification about an error on your statement, the institution generally has 10 business days to investigate. The institution must tell you the results of its investigation within three business days after completing it and must correct an error within one business day after determining that it occurred. If the institution needs more time, it may take up to 45 days to complete the investigation but only if the money in dispute is returned to your account and you are notified promptly of the credit. At the end of the investigation, if no error has been found, the institution may take the money back if it sends you a written explanation.
  1. Steps to take if the identity theft has occurred due to fraudulent checks and other "paper" transactions:

    In general, if an identity thief steals your checks or counterfeits checks from your existing bank account, you must notify the bank to stop payment, close the account, and ask your bank to notify Chex Systems, Inc. or the check verification service with which it does business. That way, retailers can be notified not to accept these checks. While no federal law limits your losses if someone uses your checks with a forged signature, or uses another type of "paper" transaction such as a demand draft, state laws may protect you. Most states hold the bank responsible for losses from such transactions. At the same time, most states require you to take reasonable care of your account. For example, you may be held responsible for the forgery if you fail to notify the bank in a timely manner that a check was lost or stolen. Contact your state banking or consumer protection agency for more information.

    You can contact major check verification companies directly for the following services:
  • To request that they notify retailers who use their databases not to accept your checks, call:
  • TeleCheck at 1-800-710-9898 or 1-800-927-0188
    Certegy, Inc. (previously Equifax Check Systems) at 1-800-437-5120
  • To find out if the identity thief has been passing bad checks in your name, call SCAN: 1-800-262-7771
  • If your checks are rejected by a merchant, it may be because an identity thief is using the Magnetic Information Character Recognition (MICR) code (the numbers at the bottom of checks), your driver's license number, or another identification number. The merchant who rejects your check should give you its check verification company contact information so you can find out what type of information the thief is using.
  • If you find that the thief is using your MICR code, ask your bank to close your checking account, and open a new one. If you discover that the thief is using your driver's license number or some other identification number, work with your Bureau of Motor Vehicles or other identification issuing agency to get new identification with new numbers. Once you have taken the appropriate steps, your checks should be accepted. The check verification company may or may not remove the information about the MICR code or the driver's license/identification number from its database because this information may help prevent the thief from continuing to commit fraud. If the checks are being passed on a new account, contact the bank to close the account. Also contact Chex Systems, Inc., to review your consumer report to make sure that no other bank accounts have been opened in your name. Dispute any bad checks passed in your name with merchants so they don't start any collections actions against you.
  1. File a report with the Federal Trade Commission (FTC.) You can file a report by visiting https://www.identitytheft.gov/ /> To find out more about your rights, specific laws and sample forms that can be used if you are a victim of identity theft, visit 44780

    For a sample Identity Theft Affidavit you can use, visit http://www.ftc.gov/bcp/edu/microsites/idtheft/
  2. Contact the 3 credit reporting agencies using the form they provide to correct errors and place a block on the accounts in question. The Fair Credit Reporting Act mandates that they must remove the information unless the credit issuer can prove that it is true. The credit reporting agencies must also change any information provided by the thief including addresses, phone numbers or birthdates. Download a sample letter requesting a block on the accounts (MS Word).
  3. Insist on Clearance letters from the creditors and/or credit reporting bureaus and keep them in your records for 10 years.
  4. Carefully check all credit reports to monitor the corrections.

Resources:

Maine Attorney General Consumer Protection Division - 207-626-8849, or visit consumer.mediation@maine.gov

Maine Office of Consumer Credit Regulation - (207) 624-8527
Toll Free consumer line (Maine only) 1-800-332-8529, 35 State House Station, Augusta, Maine 04330-0035

Maine Bureau of Motor Vehicles - (To report stolen driver's license.) Call 207-624-9000 extension 52144, write to 29 State House Station Augusta, Maine 04333 or visit the website at http://www.maine.gov/sos/bmv/index.html

Federal Do Not Call Registry: You can register online at www.donotcall.gov or call toll-free, 1-888-382-1222 from the number you wish to register.

Federal Trade Commission Hotline (1-877-ID-THEFT).

Tax Fraud - IRS Taxpayer Advocate Service www.irs.gov/advocate/ or call toll-free: 1-877-777-4778

Social Security Administration (SSA) Office of the Inspector General - You may file a complaint online at www.socialsecurity.gov/oig, call toll-free: 1-800-269-0271, fax: 410-597-0118, or write: SSA Fraud Hotline, P.O. Box 17768, Baltimore, MD 21235.

Phone Fraud:

For non-cellular phones, call the Maine Public Utilities Commission Consumer Assistance Hotline at 1-800-452-4699.

For cellular phones and long distance, contact the Federal Communications Commission (FCC) at www.fcc.gov. The FCC regulates interstate and international communications by radio, television, wire, satellite, and cable. Call: 1-888-CALL-FCC; TTY: 1-888-TELL-FCC; or write: Federal Communications Commission, Consumer Information Bureau, 445 12th Street, SW, Room 5A863, Washington, DC 20554. You can file complaints online at www.fcc.gov, or e-mail your questions to fccinfo@fcc.gov.

Mail Theft - The U.S. Postal Inspection Service (USPIS) is the law enforcement arm of the U.S. Postal Service and investigates cases of identity theft. The USPIS has primary jurisdiction in all matters infringing on the integrity of the U.S. mail. If an identity thief has stolen your mail to get new credit cards, bank or credit card statements, pre-screened credit offers, or tax information, or has falsified change-of-address forms or obtained your personal information through a fraud conducted by mail, report it by calling the U. S. Postal Inspector at 207-871-8587 or by writing: U. S. Postal Inspector, State of Maine, 125 Forest Avenue, Portland, ME 04104

A Message From Attorney General Steve Rowe About Reimbursement for "Healing Instruments" Puchased from The Gentle Wind Project

September 28, 2007

The Attorney General is pleased to announce the beginning of a 6-month claims period during which the Office of the Attorney General will accept claims for reimbursement, or restitution, from consumers who purchased any “healing instrument” from The Gentle Wind Project between January 1, 2003 and September 14, 2006.

In order to be eligible for restitution, claims must be in writing, and must include the following information: 1) the name of the instrument purchased; 2) date of purchase; 3) cost; and 4) proof of payment. Proof of payment may be in the form of a cancelled check, an invoice, or any other document that shows that the item was purchased during the relevant time period. Claims must be submitted no later than October 20, 2007 to:

Assistant Attorney General Carolyn A. Silsby
Office of the Maine Attorney General
6 State House Station
Augusta, ME 04333-0006
207-626-8829

Each claimant will be notified of the decision on his or her claim after the expiration of the claim period. Those who are entitled to restitution will be paid on a pro rata basis from a fund set up for that purpose pursuant to a Consent Decree and Order issued on August 15, 2006 by the Maine Superior Court in State of Maine and Attorney General v. The Gentle Wind Project, et al.

New Law Requires Consumers to be Notified of Breaches of Computer Data Containing Personal Information

September 28, 2007

Effective January 31, 2007, individuals, businesses and other entities must notify consumers when there has been a security breach of computerized data containing the consumers' personal information that could result in identity theft. The law is the Notice of Risk of Personal Data Act, 10 M.R.S.A. S1346-1349.

Details are available from the Department of Professional and Financial Regulation.

Attorney General Rowe Seeks to Stop Tobacco Company From Using Cartoons in Promotions

December 4, 2007

Today, Attorney General Steve Rowe filed a motion to enforce the Maine Courts Consent Decree against R.J. Reynolds (RJR). RJR recently ran an advertisement in Rolling Stone Magazine?s 40th Anniversary edition, dated November 15, 2007, the content of which violated the Consent Decree dated December 3, 1998.? The Attorney General is seeking to permanently enjoin RJR from using cartoons in the advertisement or promotion of tobacco products.?

?The consent decree between the State and tobacco companies specifically prohibits the use of cartoons in tobacco promotions. RJR?s conduct here is a blatant violation of the Consent Decree.? Rowe said. ?Maine will not tolerate the marketing of tobacco products to children?.?

The Attorney General?s motion alleges that R.J. Reynolds Camel? The Farm advertisement and promotion violates the ban on cartoons in two ways. First, the advertisement itself contains cartoon images. Second, the advertisement is inextricably wrapped around and intertwined with a five-page Special Foldout drawn entirely in the cartoon style.? Both the R.J. Reynolds advertisement and the Special Foldout have the same content and focus: independent rock music.?

?In Maine we have made great strides in reducing the number of children who take up smoking.? Rowe stated. ?The elimination of tobacco ads targeting kids has certainly helped with this effort.?

David Loughran, Special Assistant to the Attorney General, (207) 626-8577

AG Finds Police Officer's Use of Deadly Force in Waldoboro Justified

November 30, 2007

Attorney General Steven Rowe announced today that a Waldoboro Police Officer, Zachary Curtis, was legally justified when he shot and killed Gregori S. Jackson, 18, during the early morning hours of September 23, 2007 in Waldoboro.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Officer Curtis in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force in the performance of the officer's duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self protection, or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person is deadly force under Maine law.)

Attorney General Rowe determined that, based on the investigation and legal analysis conducted by his office, Officer Curtis actually and reasonably believed that unlawful deadly force was imminently threatened by Mr. Jackson against Officer Curtis, who was attempting to take Jackson into custody. Further, based on the investigation and legal analysis, Attorney General Rowe determined that Officer Curtis actually and reasonably believed that deadly force on his part was necessary to protect himself from the imminent threat of deadly force against him.

The Attorney General reported the following findings from his office's investigation:[1]

Between 11:30 p.m. and midnight on Saturday, September 22, 2007, 17-year old D.B. received a telephone call from his friend, Gregori Jackson. According to D.B., Jackson asked him for a ride to a store to buy a pack of cigarettes and offered D.B. $20.00 for the favor. D.B. and his 17-year old cousin, D.W., drove to Whitefield to pick up Jackson, who, according to D.B., was "a little tipsy."

D.B., D.W., and Jackson drove to the 24-hour Irving Station on Route 1 in Waldoboro. Mr. Jackson entered the store and purchased cigarettes at approximately 2:06 a.m. on Sunday morning, September 23, 2007.

After purchasing the cigarettes and returning to the vehicle, a red 1995 Pontiac, Jackson told D.B. that since he had given him $20.00, he wanted to ride around some more before returning home. D.B., D.W., and Jackson traveled along Route 220, also known as the Friendship Road in Waldoboro. As the vehicle traveled south on Route 220, a police cruiser approached from the rear, with blue lights activated. According to D.B., Jackson "started tripping out" and said something to the effect, "Oh my God, oh my God, we're getting pulled over."

At approximately 2:14 a.m. on September 23, 2007, Officer Zachary Curtis of the Waldoboro Police Department stopped the vehicle D.B. was driving. According to Officer Curtis, he pulled the vehicle over after it had failed to stop at a stop sign at the intersection of Main and Jefferson streets, and after he had observed the vehicle cross over the center line of the road 5 or 6 times. Curtis observed that there were three occupants in the vehicle.

Officer Curtis approached the vehicle and detected an odor of alcohol coming from inside. After obtaining the driver's identification, Curtis learned that the vehicle was being operated by D.B.. D.B. denied having been drinking and Officer Curtis determined that the odor of alcohol was not coming from him. Curtis then requested the passengers in the vehicle to provide him with identification.

The front seat passenger (Gregori Jackson) did not provide Officer Curtis with identification, but did give his name as "Johnson" with a date of birth of 13/13/99. Officer Curtis believed that Jackson was under the influence of alcohol or drugs. He noted that a strong odor of alcohol was coming from Jackson's face, that his speech was slurred and that his eyes were glassy and bloodshot. At one point, D.B. talked with Jackson in an attempt to get him to cooperate with the officer, and told Jackson that he knew that Jackson had his identification with him because he needed it to buy cigarettes earlier. According to D.B., Jackson responded "sshh, don't tell him, don't tell him."

Eventually, Mr. Jackson provided his correct name and date of birth, 1/13/89, and at 2:28 a.m., Officer Curtis radioed Lincoln County Communications to run a "10-29" to determine if Jackson was "wanted." At 2:29 a.m., Lincoln County Communications informed Curtis that Gregori Jackson had a suspended driver's license and was subject to bail conditions, including the condition that he abstain from the use or possession of alcoholic beverages or illegal drugs.

Officer Curtis re-approached the passenger side of the D.B. vehicle and asked Mr. Jackson to step out. Upon being asked, Jackson acknowledged that he was aware that, as a condition of his bail on prior, unrelated charges, he was forbidden to use or possess alcohol. At that point, Curtis informed Jackson that he was under arrest, and Curtis attempted to handcuff Jackson. According to Curtis, D.B. and D.W., Jackson ran away from Curtis and attempted to run up a large boulder that was on the embankment to the side of the road. Curtis pursued and pulled Jackson down from the boulder and again attempted to handcuff him while Jackson was up against the rear of the vehicle.

According to Officer Curtis, Mr. Jackson broke free and a struggle ensued between the two. Curtis has stated that Jackson then took a swing at him and Curtis deployed pepper spray against Jackson with no effect. D.B. and D.W. recalled that after the deployment of the pepper spray, Jackson said something to the effect "I'm down, I'm down, I'm down, I'm sorry" or, "I give up", but Curtis does not recall hearing that. Curtis, D.B. and D.W. all agree, however, that shortly thereafter, Jackson ran south on Friendship Road. Officer Curtis followed him in pursuit. Curtis's can of pepper spray and his hinged handcuffs were dropped to the ground during this initial struggle at the D.B. vehicle.

At 2:31 a.m., while he was running down Friendship Road in pursuit of Jackson, Curtis radioed Lincoln County Communications and requested assistance. Approximately 150 yards from where the vehicle was located, Jackson left the road and entered the woods, with Curtis behind him.[2] According to Curtis, he could hear Jackson walking in the woods, and when he shouted to Jackson to stop and that he was under arrest, Jackson responded by saying "f--k off."

At 2:32 a.m. Officer Curtis radioed Lincoln County Communications that he was in the woods, and at 2:35 a.m., he requested Lincoln County Communications to send a canine unit to his location on the Friendship Road. According to Curtis, he heard Jackson stop walking and then came across Jackson lying on the ground under a log. Officer Curtis has stated that he drew his firearm, a Glock 22, .40 caliber handgun, and ordered Jackson to stay where he was.[3] Officer Curtis has stated that, as he attempted to handcuff Jackson, Jackson threw a log at the officer and struck him in the face, causing his glasses to come off.[4]

At 2:36 a.m. Lincoln County Communications radioed Officer Curtis "Do you still have a 10-74 (code for "officer needs assistance")?" Seconds later, Curtis responded "Lincoln have him in front of me. I just can't get a hold of him. It's thick woods through here." Lincoln County Communications again asked "Can you advise if still 10-74?" Curtis responded in the affirmative and stated "10-4, he just hit me with a log."

Curtis has indicated that he was only able to see approximately 4-5 feet in front of him and that he could make out shapes, but not details. Curtis also recalls that at some point during this time period, he returned his firearm to its holster.

According to Officer Curtis, as Mr. Jackson walked away from him, he (Jackson) became entangled in tree branches and brush and started yelling words to the effect that he "was not going to f--king jail." Curtis has said that Jackson continued to remain noncompliant with his orders to stop, and Curtis intended to deploy pepper spray again, but realized that it had dropped to the ground at the initial confrontation near the stopped vehicle. At that point, Curtis has stated, he drew his expandable baton and struck Jackson twice in the thigh area. These blows at one point knocked Jackson to the ground, but he got up, and as Curtis attempted to handcuff him, Jackson tackled Curtis, knocked him onto his back and got on top of him.[5] Curtis has stated that Jackson repeatedly struck him in the head with Jackson's right fist or elbow, and that Jackson was choking him by placing his forearm across Curtis's throat. Curtis has stated that during this struggle, he felt Jackson pulling at his sidearm, which was in its holster. Curtis recalls attempting to keep the gun in the holster, but at some point it came out.

According to Curtis, Jackson repeatedly said words to the effect "give me your gun, give me your f--king gun," and that he (Jackson) was not going to jail and he didn't care what it took. Officer Curtis has told investigators that, as Mr. Jackson continued to choke him, he began to fear for his own life and believed that he was going to lose consciousness and that if Jackson gained control of his gun, it could be used against him. Curtis has stated that during the struggle with the gun, Jackson had his hand on the slide mechanism, and that the gun was rendered inoperable (taken out of battery) when the slide was pulled back. At one point, Curtis tried to fire the gun and "it just clicked," according to Curtis. Although Curtis has no recollection or knowledge that any live rounds were ejected from the gun, four unexpended rounds were later found at the scene, suggesting that the slide was racked back several times during the struggle over the gun.

Officer Curtis has stated to investigators that he believed that if Mr. Jackson got control of his gun, "I'm a dead man." According to Curtis, as the struggle continued, he ultimately regained control of the gun with his right hand. Curtis has stated that he then made a decision to fire one shot into Jackson's left side. According to Curtis, the gunshot did not seem to slow down Jackson, and he continued to strike Curtis in the head. Curtis fired a second shot into what he believed was Jackson's back. Curtis recalls that Jackson continued to strike him, but "not with as much pressure." Curtis was able to get Jackson off of him when he fired a third shot, according to his recollection.

After what Officer Curtis believed was the third shot, Mr. Jackson ceased moving.

At 2:40 a.m. Officer Curtis radioed Lincoln County Communications to "Get someone here quick." Seconds later Lincoln Communications radioed back "516 (Lincoln County Sheriff's Deputy Henry Grenier) is on scene, where are you?" Curtis immediately responded "I'm in the woods south of my cruiser." Lincoln Communications then asked Curtis "Do you need a 10-57 (ambulance) or are you all set?" Curtis responded in the affirmative.

Within a short time, Lincoln County Deputy Sheriff Henry Grenier arrived at the scene and found Officer Curtis on his knees, appearing out of breath and disheveled. Deputy Grenier observed Mr. Jackson lying in front of Officer Curtis with blood coming from his ear. At the scene, Officer Curtis told Deputy Grenier that he had to shoot Jackson because he (Curtis) was being "choked out."

Within moments Deputy Grenier was joined by Sgt. Brendan Kane and Sgt. Jason Nein, both with the Lincoln County Sheriff's Department. Sgt. Kane instructed Deputy Grenier to handcuff Jackson (which he did using Officer Curtis's second pair of handcuffs) while Sgt. Nein checked Jackson's vital signs, finding no signs of life. Due to his lack of vision, Officer Curtis was escorted out of the woods by Sgt. Kane and Sgt. Jamie Wilson of the Waldoboro Police Department.

Gregori Jackson was dead at the scene.

Officer Curtis was transported to Miles Memorial Hospital in Damariscotta for treatment of his injuries, which included head, neck and back pain and multiple contusions of the head, face, right shoulder and left leg.

A postmortem examination and autopsy of the body of Gregori Jackson was performed by Deputy Chief Medical Examiner, Dr. Marguerite deWitt on Monday, September 24, 2007. Dr. deWitt was able to document a total of five gunshot wounds, including three gunshot wounds to the left lower back in a 3-inch grouping, one to the mid-lateral left chest (several inches below the left armpit), and one to the left post auricular (behind the left ear) area of the head. The trajectories of the gunshot wounds to the lower left back were left to right, upward and forward. The range of each of these wounds was consistent with "loose contact. The trajectory of the gunshot wound to the mid-lateral chest was also left to right, upward and slightly forward. The range of that shot was also consistent with "loose contact." The trajectory of the shot to the head was left to right, upward and slightly forward. The range of that shot was characterized by Dr. deWitt as "distant", meaning in the range of at least 8-12 inches.[6] Toxicology tests determined that Mr. Jackson had a vitreous alcohol level of .20 grams % and a blood alcohol level of .21 grams %. No other drugs were detected.

Detectives from the Office of the Attorney General went to the scene of the shooting to conduct this investigation. They were assisted by detectives from the Maine State Police, officers with the Lincoln County Sheriffs' Office, and members of the Waldoboro Police Department, as well as forensic specialists with the Maine State Police Crime Laboratory, and the Office of the Chief Medical Examiner. The Waldoboro Police Department has cooperated fully with this investigation and is conducting its own departmental investigation and review of this incident.

Contact: David Loughran (207) 626-8577

AG Finds Trooper's Use Of Deadly Force In Rumford Legally Justified

November 30, 2007

Attorney General Steven Rowe announced today that a State Police officer, Trooper Timothy Black, was legally justified when he shot and killed Scott J. White, age 46, on September 22, 2007, outside the home of White's former wife in Rumford.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Trooper Black in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer's public duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person is deadly force under Maine law.).

Attorney General Rowe determined that, based on the investigation and legal analysis conducted by his office, Trooper Black actually and reasonably believed that unlawful deadly force was imminently threatened by Mr. White against Trooper Black and a second State Police officer, Sergeant William Keith, by White's actions. Further, based on the investigation and legal analysis, Attorney General Rowe determined that Trooper Black actually and reasonably believed that deadly force on his part was necessary to protect himself and Sergeant Keith.

The Attorney General reported the following findings from his office's investigation[1] :

On September 22, 2007, at about 10:25 a.m., the Rumford Police Department received a report from a caller that Scott White was inside the residence at 139 Penobscot Street in Rumford, the home of Mr. White's former wife, and that White had been consuming alcohol. The caller, a relative of Mr. White, told the police that White's presence in the residence and his consumption of alcohol were violations of bail conditions placed on White after an incident in June 2007 when White was arrested and charged with stabbing his former wife. The caller told the police that he had tried unsuccessfully to persuade Mr. White to leave the residence, but that White had refused. The caller also told the police that Mr. White had threatened to burn the house down and die in the process. A Rumford police officer who responded to the residence was successful in making telephone contact with White, but unsuccessful in getting White to come out of the house. Further attempts to telephone White inside the residence were unsuccessful. The police confirmed that a protection-from-abuse order and bail conditions prohibited White from being at his former wife's residence and from consuming alcohol. The police also learned that White's former wife was not in the residence. The Rumford Police Department contacted the State Police Tactical Team for assistance and informed State Police Tactical Team Commander Sergeant Nicholas Grass that White was in the residence in violation of a protection from abuse order as well as bail conditions, had consumed alcohol and was threatening to burn the house down.

The State Police Tactical Team responded to the location in Rumford and members of the State Police Crisis Negotiation Team tried to establish telephone contact with Mr. White starting at about 2:30 p.m. After more than two dozen call attempts to the residence in an hour, State Police Detective Adam Kelley, Commander of the State Police Crisis Negotiation Team, finally made phone contact with Mr. White. During intermittent phone calls between Detective Kelley and Mr. White, White stated that he was depressed, had been thinking about hurting himself, sounded intoxicated, and hung up when asked about any weapons he might have. The last phone conversation between Kelley and White took place at about 4:17 p.m. A few minutes later, another State Police negotiator, Sergeant Dale York, while inside a State Police Tactical Team armored vehicle parked on the street outside the residence, used the vehicle's public address system (loud speaker) to repeatedly ask White to pick up the phone and speak with Detective Kelley.

At about 4:30 p.m. Mr. White, while holding at least one knife (some officers reported seeing two knives) opened the side door of the residence and looked out. White refused to comply with the officers' request to drop the knife(ves). He told the officers that his phone had gone dead. White was again asked to drop the knife(ves) and to come out and talk with the officers, but he refused. Instead, he withdrew into the residence and closed and locked the door.

Via the loud speaker on the armored vehicle, Sergeant York told Mr. White that a working phone would be brought to the residence. White, while holding two knives, stepped out of the house and shouted to Sergeant York that the phone should be placed on the steps by the side door. Sergeant York responded that would not be possible as long as Mr. White was holding the knives. York informed White that the armored vehicle would be moved into the driveway and the phone would be placed on the lawn. White agreed and again reentered the residence and closed and locked the door behind him.

After the "throw telephone"[2] was placed on the lawn beside the residence, Mr. White came out of a door in the rear of the residence and stood at the southernmost corner of the residence, facing the armored vehicle still parked in the driveway. White held two knives, one in each hand. Various law enforcement officers on the scene described the knives as having blades anywhere from eight to ten inches long.[3] White shouted at the officers in the armored vehicle to back up. White rubbed the knives together as if in a sharpening motion. His attention remained focused on the armored vehicle in the driveway.

At this time, Sergeant Keith, after conferring with Tactical Team Commander Sergeant Grass, decided to try to move undetected to a position directly behind Mr. White in order to utilize a TASER (a less than lethal electronic weapon) in an attempt to physically incapacitate White. Sergeant Keith motioned to Trooper Black, who was near Keith, to be the "cover officer" (carrying a firearm to cover Keith, who was carrying the TASER). Sergeant Keith and Trooper Black left their positions of cover behind the residence and moved to a position estimated by the officers to be between 6 and 12 feet behind White without being detected by White. White continued to shout and appeared focused on the officers in the armored vehicle.

From his position behind Mr. White, Sergeant Keith deployed the TASER against White. Only one of the two TASER electrodes struck White (in his mid back). The second electrode went over White's shoulder. White was not incapacitated by the one electrode; however, he apparently realized that something had just happened to him. White immediately turned around and faced Sergeant Keith and Trooper Black, and while holding a knife in each hand at waist level, White started to advance toward the two officers while Trooper Black shouted "get down, get down." As Mr. White advanced, Trooper Black fired his service weapon three times at White. White, struck by the rounds, fell to the ground still holding the knives in his hands. He was disarmed and immediately treated by emergency medical technicians. He was taken to a Rumford hospital where he was pronounced dead.

A postmortem examination and autopsy of the body of Mr. White was performed by Deputy Chief Medical Examiner Dr. Marguerite deWitt on September 23, 2007. The autopsy confirmed three gunshot wounds of the chest and abdomen. Toxicology tests determined that Mr. White had a vitreous alcohol level of .38 grams % and a blood alcohol level of .28 grams % (the latter test was conducted after intravenous fluids had been added to Mr. White's body at the hospital).

Detectives from the Attorney General's Office went to the scene of the shooting to conduct an investigation. They were assisted by detectives and forensic specialists from the State Police and officers of the Rumford Police Department. The State Police cooperated fully with the investigation, and conducted its own review of the incident.


[1] These findings are based upon interviews of law enforcement officers and civilians on the scene, audio recordings as well as medical, autopsy and forensic reports.

[2] The "throw telephone" is a portable phone that is connected by electrical wire to a phone in the State Police negotiation van. The purpose of providing the phone to Mr. White was to allow him to continue to communicate with the State Police negotiators from within the residence.

[3] The knife blades were later measured to be 7-1/2 inches and 8 inches in length.

David Loughran (207) 626-8577

Maine Sues EPA for Denying the Public Access to Information on Toxic Chemicals

November 28, 2007

Maine, along with a coalition of eleven other states, is suing the U.S. Environmental Protection Agency (EPA) over new regulations denying the public access to information about toxic chemicals in their communities.?

The EPA will allow thousands of companies to avoid disclosing information to the public about the toxic chemicals they use, store, and release into the environment by rolling back chemical reporting requirements.? The suit seeks to overturn the weakened reporting requirements and provide the public with the access they had in the past.

?The EPA?s rollback of toxic chemical reporting requirements poses a threat to human health and our physical environment.? Rowe said. ?This lawsuit seeks to protect public access to information about toxic chemicals that pose a threat to our health.?

The changes to the reporting requirements affect the EPA?s Toxics Release Inventory (TRI) program.? The TRI is the most widely used, comprehensive, publicly-available database of toxic chemical use, storage, and release in the United States.? Under the TRI, companies are required to provide the EPA and the states in which the company?s facilities are located with information critical to public health and safety, and the environment.? This information includes the types and amounts of toxic chemicals stored at the company?s facilities and the quantities they release into the environment.?

In December 2006, the EPA issued revised regulations that significantly weakened the TRI by reducing the amount of information companies must report for most of the toxic chemicals covered by the program.? For most toxic chemicals, the EPA?s new regulations increased by 10-fold the quantity of chemical waste a facility can generate without providing detailed TRI reports.? The EPA also weakened TRI reporting requirements for the vast majority of the most dangerous toxic chemicals ? those that are persistent and bioaccumulative ? including chemicals such as lead and mercury.? As a result, thousands of companies can now avoid filing a complete report on harmful chemicals.?

?The result the EPA?s action is simple. Entities will now be permitted to use large amounts of toxic chemicals without reporting such use.? Rowe added ?For the safety of human health and our environment, it is important that the EPA?s reporting requirements remain comprehensive.?

Under the former regulations, TRI information became a powerful tool used by communities to protect public health and safety, and the environment:

  • Citizen groups used TRI data to monitor companies in their communities;?
  • State and local government entities used TRI data to track toxic chemicals;?
  • Labor organizations used TRI data to ensure the safety of their workers;?
  • Companies used the TRI program to learn of the toxic pollution they had created; this resulted in companies voluntarily reducing their toxic chemical releases by billions of pounds nationwide.?

The EPA?s rollback of TRI regulations now limits the ability of labor organizations, environmental and public health advocates, community groups, and individuals to effectively monitor and respond to the presence of toxins in their communities.???

The legal action brought by the twelve states seeks to invalidate the EPA?s revised TRI regulations and return to the former reporting requirements, so that public access to environmental information is not restricted.? The lawsuit was filed today in federal court in Manhattan.???

Congress enacted, and President Ronald Reagan signed into law, the Toxics Release Inventory program in 1986, after the Bhopal toxic chemical catastrophe in India.? In 1984, a deadly cloud of methyl isocyanate accidentally released from a Union Carbide plant in Bhopal, India killed or seriously injured more than 2,000 people.? Shortly thereafter, a serious chemical release occurred at a sister plant in West Virginia.?

The states or state agencies involved in the suit are: Arizona; California; Connecticut; Illinois; Maine; Massachusetts; the Minnesota; New Hampshire; New Jersey; New York; the Pennsylvania Department of Environmental Protection; and Vermont.

Jerry Reid,?Assistant?Attorney General, (207) 626-8545?

State to Argue U.S. Supreme Court Case Re: Internet Sale of Tobacco

November 27, 2007

Tomorrow, the United States Supreme Court will hear oral arguments in Rowe v. New Hampshire Motor Transport, a case filed against the State of Maine by motor transport associations in Massachusetts, New Hampshire and Vermont.? The associations challenged the 2003 Maine law that requires that internet tobacco retailers utilize carriers who take specific actions to ensure that packages containing tobacco products are not delivered to minors.?

Background

In 2003, the Maine Legislature found that internet and telephone sales of tobacco products had become a serious problem and that, by means of delivery services, enterprising retailers were seeking to avoid over-the-counter age verification requirements by selling the tobacco products to minors and delivering them not over-the-counter, but rather through third-party carriers such as UPS.? In response to this dangerous practice, the Legislature enacted ?An Act To Regulate the Delivery and Sales of Tobacco Products and To Prevent the Sale of Tobacco Products to Minors,? Me. Pub. L. 2003, c. 444.

One section of the Act requires retailers who ship tobacco products to use a delivery service that requires the purchaser to be the addressee, the addressee to be of legal age to purchase tobacco products and sign for the package, and, if the addressee is under 27 years old, to present a valid identification showing proof of age.

The Act also requires retailers who ship tobacco products to clearly indicate on the package that it contains tobacco products, and carriers must check packages to determine whether they bear such markings.?

On October 10, 2003, three trade associations whose members include such companies as UPS, Federal Express and DHL filed a lawsuit in the United States District Court for the District of Maine and claimed that the state Act is preempted by the Federal Aviation Administration Authorization Act of 1994.

On May 27, 2005, the District Court held that the state law was preempted by the federal law and ruled in favor of the trade associations.? The Attorney General appealed to the United States Court of Appeals for the First Circuit.? On May 19, 2006, the First Circuit issued its decision effectively affirming the lower court?s decision. The Attorney General then filed a petition asking the United States Supreme Court to review the matter.?

David Loughran,? (207) 626-8577

Rowe Joins California Lawsuit to Win Approval For Regulating Greenhouse Gas Emissions

November 9, 2007

Approval of California?s Controls Would Pave the Way for Similar Controls Maine and 13 Other States

Maine Attorney General Steve Rowe, along with 13 other Attorneys General moved to join two legal actions filed this morning by the State of California to force the United States Environmental Protection Agency (EPA) to take action on California?s request for approval to regulate greenhouse gas pollution from automobiles sold in the state.?? Maine has adopted California?s regulations to combat global warming.?????

?Maine has adopted a policy designed to combat climate change by controlling greenhouse gas emissions from automobiles sold in this state.? Attorney General Rowe stated ?The EPA must grant the waiver so we can enforce these laws and begin to reverse the effects of global warming.??

The federal Clean Air Act gives California the unique authority to set its own more stringent air pollutant regulations for cars and allows other states, like Maine, to adopt California?s regulations rather that those set by the federal government.? However, the federal Clean Air Act requires that EPA provide California with a waiver before these state regulations can be implemented. California adopted its ?Regulation to Control Greenhouse Gas Emissions from Motor Vehicles? (GHG ?Greenhouse Gas Regulations) on August 4, 2005.? This regulation requires reductions in fleet-average, greenhouse-gas emissions for most new passenger motor vehicles sold in California, beginning with the 2009 model year.? Maine adopted the standards in 2005.

On December 21, 2005, California requested a waiver from EPA to implement the GHG greenhouse gas regulations.?? Now, almost two years later, EPA has still failed to act on the request.? In two lawsuits, the states allege that the EPA ?unlawfully withheld and unreasonably delayed? action on California?s waiver request. The states are asking the court to order the EPA to take action on the waiver petition by December 31, 2007.? One lawsuit was filed in the U.S. District Court for the District of Columbia, and the second was filed in the U.S. Court of Appeals for the District of Columbia Circuit.????

?The Bush administration, through the policies of the EPA, has repeatedly demonstrated that it will ignore the problems of global warming until the states force them to act.? Rowe added ?It is irresponsible for the federal government to ignore one of the most pressing issues of our time. But it is against the law for them to intentionally deny the states the powers granted to them in the Clean Air Act.?

Attorney General Rowe?s move to intervene, along with 13 other states, as a plaintiff in California?s lawsuits, adds important support to California?s efforts.? Since California adopted its greenhouse gas regulations for cars, 14 states have either adopted the California regulation or are in the process of adopting it: Arizona, Connecticut, Florida, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington. EPA?s delay in acting on California?s waiver request has stalled not only the implementation of California?s greenhouse gas regulations for cars, but of Maine?s and the other states? identical regulations.??

?We cannot enforce these regulations since, under the Clean Air Act, the Agency must first grant a waiver to California?s GHG regulation.? Rowe said.?

While the scientific support for global warming is overwhelming, and its environmental and economic threat is substantial, the Bush Administration has resisted regulatory approaches to controlling greenhouse gases.? In April, the US Supreme Court issued a landmark decision in which it rejected the Administration?s position that it was powerless to regulate greenhouse gas emissions and ruled that the Clean Air Act to authorized EPA to take action.? Maine was one of the states that brought that case to the Supreme Court.? The decision paved the way for Maine, to adopt regulations to control greenhouse gas pollution from automobiles sold in the states.?

Joining Maine in the case are: Massachusetts, New York, Connecticut, New Jersey,?Maryland, New Mexico, Oregon, Rhode Island, Washington, Illinois, Vermont, Arizona and Pennsylvania. Governor John E. Baldacci and Department of Environmental Protection David Littell commend the lawsuit and urge the EPA to take immediate action.

This matter is being handled by Assistant Attorney General Jerry Reid, Chief of the Natural Resources Division in the Maine Office of the Attorney General.

David Loughran, Special Assistant to the Attorney General, (207) 626-8577??

CHERRYFIELD MAN CONVICTED OF SEVERAL TAX FELONIES

April 2, 2001

APRIL 2, 2001

CONTACT: William Baghdoyan, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe today announced the recent conviction of Delbert J. Weller, 66, of Cherryfield, Maine, in the Washington County Superior Court, on several criminal tax felonies. A jury convicted Mr. Weller of two counts of income tax evasion, two counts of filing fraudulent income tax returns, and one count of failing to file an income tax return.

The trial judge, Superior Court Chief Justice Andrew Mead, sentenced Mr. Weller to 4½ years imprisonment with all but two years suspended and three years of probation. An additional suspended consecutive sentence of 4 1/2 years with three years probation was also imposed. The judge's order requires restitution of $2,200 for back taxes and interest.

The prosecutor in the case, Assistant Attorney General William Baghdoyan, characterized Weller as a perennial "tax protestor" who has been previously convicted on three separate occasions for failing to file Maine income tax returns. Assistant Attorney General Baghdoyan said that Weller and many other tax protestors claim that they are not subject to either the State or Federal income tax laws, and as a result refuse to file returns or file fraudulent returns and refuse to pay income taxes.

Attorney General Rowe also stated that in addition to the conviction of Mr. Weller, twenty other individuals have been convicted of criminal tax violations in the past six months. In addition to jail terms and fines, these convictions have netted the State over $418,000 in court ordered restitution.

The Department of Attorney General prosecutes criminal violations of the State tax code in conjunction with Maine Revenue Services.

LEGISLATORS, DISTRICT ATTORNEYS, AND ATTORNEY GENERAL CALL FOR PASSAGE OF DRUG BILLS

April 10, 2001

APRIL 10, 2001

CONTACT: Charles Dow, Director Communications And Legislative Affairs 207-626-8577 James Cameron, Assistant Attorney General, Drug Prosecution Coordinator 207-626-8505

Attorney General Steven Rowe today appealed for lawmakers to pass three bills dealing with illegal drug abuse in Maine. The bills focus on the disturbing increase in the illegal use of two types of drugs: prescription narcotics like Oxycontin and so-called "club drugs" like ecstasy (MDMA) and the date-rape drugs (GHB and Ketamine). "These drugs and the crimes people will commit to get them represent a serious threat to Maine families and communities. These drugs are ruining-and sometimes ending-lives," said Rowe.

State Representative Edward Povich (D-Ellsworth) asked colleagues to support of major legislation to combat diversion of prescription narcotic medications to illegal use. Povich, the House Chair of the Legislature's Criminal Justice Committee, said, "These drugs are so addictive, users resort to almost anything to get them. This bill gets at the ways the addicts get the drugs."

LD 1728 prevents the use of forged, altered, or counterfeit prescriptions by requiring that prescription blanks printed on tamper-resistant safety paper. It prevents obtaining prescriptions through fraud on doctors ("doctor shopping") by making it a crime - acquiring drugs by deception - to lie to a doctor to get pills. It also makes it easier to charge the crime of forgery when a person uses a forged, altered, or counterfeit prescription to get pills illegally.

District Attorneys in the most rural parts of Maine report major increases in court cases involving drugs and drug-related burglary, theft, fraud, and violence. DA Michael Povich (District 7, Hancock and Washington County) said, "Per capita, Washington County has an extremely high rate of prosecutions for prescription drug related crimes. That tells you we are taking the problem seriously, but it also tells you something about the enormous scope of the problem."

DA Neale Adams (District 8, Aroostook County) also reported a growing drug related docket. "As we investigate these cases, we find clearly that the common thread is the prescription narcotics," Adams said.

It is no coincidence that addiction rates seem high in border counties. Senator Kevin Shorey (R-Washington) sponsored LD 1725, which makes it a felony to smuggle scheduled drugs, like narcotic pills, across the state border. The bill does not apply, of course, to anyone with a legal prescription. "Some people think that our friendly border is no barrier to peddling pills in Washington County. When this bill passes, that border is going to be downright unfriendly to drug smugglers," said Shorey.

The use of harmful "club drugs" by young people in Maine caused House Minority Whip William Schneider (R-Durham) to sponsor LD 1727, which adds ecstasy (MDMA) and the date-rape drugs Ketamine and GHB to the list of scheduled drugs. They are called club drugs because they initially became popular at all-night dance club parties called raves. Schneider, a former drug prosecutor in the AG's office, cited the serious danger of the use of these drugs as a reason to impose serious penalties for possession, distribution, and trafficking. "This is not kid stuff," said Schneider, "people get brain damage, they suffer tragic sexual assault, they die. It has happened here in Maine, but it must stop."

District Attorney Norman Croteau (District 3, Androscoggin, Oxford, and Franklin County) said he looked forward to having the enforcement tools LD 1727 would provide. "We know about the drug use at the raves in Androscoggin County. This bill provides what we need in order to prosecute," said Croteau.

CASCO NURSE PLEADS GUILTY TO STEALING DRUGS IN NURSING HOME

April 24, 2001

APRIL 24, 2001

CONTACT: Kerry O'brien, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe announced today that Joy Lagasse, R.N., 44, of Casco, pled guilty Friday in Superior Court in Portland to one count of Stealing Drugs, a Class D crime. Rowe stated, "It is very troubling when health care professionals responsible for our most vulnerable citizens steal drugs."

The offense occurred in October of 1999 while Lagasse worked as the director of nursing at Ledgewood Manor Nursing Home in North Windham.

Justice G. Arthur Brennan of the Maine Superior Court sentenced Lagasse to a six month term of imprisonment, all suspended, with one year of probation and a $400 fine. As special conditions of probation, Lagasse may not possess alcohol or illegal drugs, must agree to undergo a substance abuse evaluation, and must abide by the conditions of a prior consent agreement with the Board of Nursing. Under that consent agreement, the Nursing Board placed Lagasse on probation for one year. She may not work in a home health care setting, and her nursing employment is restricted to supervised facilities.

Attorney General Rowe stated: "This office will prosecute health care professionals whose conduct jeopardizes the health and well being of the patients they are obligated to care for and protect."

Detective Scott Michaud of the Medicaid Fraud Control Unit (MFCU) in the Maine Attorney General's Office investigated the case and MFCU Director Kerry O'Brien prosecuted it. The MFCU is a state and federally funded entity with statewide jurisdiction to prosecute fraud by Medicaid providers and patient abuse in Medicaid facilities. Forty-eight states and the District of Columbia have MFCUs.

Consumer Alert: Beware "Best Buy Fraud Alert"? Email

June 20, 2003

Attorney General Steven Rowe today issued a consumer alert concerning an email with the subject line "Best Buy Order Fraud Alert."

Residents throughout Maine are receiving the email, which claims that a recent order has been received using personal credit card information. The order, placed online, is purported to have been made at Best Buy's official website.

The email states that Best Buy's Fraud Department has suspicions regarding the order and the "customer" is asked to visit a special "Fraud Department" web store to confirm the transaction by providing the correct financial information.

Rowe stated: "This is the newest twist in attempts to obtain your financial information. DO NOT RESPOND to the email." If you have responded to the fraudulent email, notify your financial institutions immediately. Concerned consumers who received this email contacted the Maine Attorney General's Office, which contacted Best Buy. Best Buy is aware of the problem and has taken steps to shut down the fraudulent website.

LINDA J. CONTI, ASISTANT ATTORNEY GENERAL, 207-626-8591

NH V. ME: MAINE WINS - SUPREME COURT GRANTS MAINE'S MOTION TO DISMISS 8-0

May 29, 2001

Decision available at: www.supremecourtus.gov/opinions/00slipopinion.html

MAY 29, 2001

CONTACT: Paul Stern, Deputy Attorney General 207-626-8800

Augusta: Attorney General G. Steven Rowe announced today that the United States Supreme Court has ruled 8-0 to dismiss a lawsuit filed against Maine by the State of New Hampshire. (Justice Souter did not participate in the case.) The lawsuit claimed that the border between the two states in the middle of the Piscataqua River should be moved to Maine's shoreline.

Justice Ruth Bader Ginsburg wrote in the opinion of the Court, "Because New Hampshire, in the 1977 proceeding [in the U.S. Supreme Court], agreed without reservation that the words "Middle of the River" mean the middle of the Piscataqua River's main channel of navigation, we conclude that New Hampshire is estopped from asserting now that the boundary runs along the Maine shore."

The Court based its decision on the doctrine of judicial estoppel. The Court cited decisions of several federal courts explaining that the purpose of judicial estoppel is "to protect the integrity of the judicial process" by "prohibiting parties from deliberately changing positions according to the exigencies of the moment."

Attorney General Rowe stated: "This is a great day for Maine. This reaffirms that the boundary is in the middle of the river. We are pleased that the Court agreed with our view that we had already 'been there and done that.'" Deputy Attorney General Paul Stern, who argued the case before the U.S. Supreme Court, said, "I am pleased that the Court unanimously agreed with the State of Maine that New Hampshire's complaint was without merit. The Court held New Hampshire to the statements it had previously made to the Court." Assistant Attorney General Chris Taub, who served as Stern's co-counsel in the case, said, "The Court applied the legal and common sense principle that you can't win by telling a Court contradictory things at different times."

AG ROWE ANNOUNCES BEGINNING OF CLAIMS PERIOD IN SETTLEMENT OF NATIONAL PHARMACEUTICAL LAWSUIT

May 30, 2001

Affected Maine consumers urged to file claims
MAY 30, 2001

CONTACT: Francis Ackerman, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe announced today that U.S. District Court Judge Thomas F. Hogan has preliminarily approved a $100 million national settlement of an antitrust lawsuit with pharmaceutical giant Mylan Laboratories. The settlement has been agreed to by attorneys general from all 50 states and the District of Columbia.

At a meeting of retired state employees today, Rowe asked all in attendance for help spreading the word. "I need your help in sharing good news with Maine people who paid for two drugs, lorazepam and clorazepate, with their own money between January 1998 and December 1999. They may be eligible for refunds from the manufacturer of those drugs. The drugs are commonly prescribed to treat Alzheimer's disease and anxiety," Rowe said.

Experts estimate that Maine consumers filing claims may be refunded a total of $245,000. Rowe urged Maine consumers who purchased either lorazepam or clorazepate to check whether they are eligible for a refund. Consumers are usually eligible for a refund if they:

• purchased lorazepam or clorazepate any time between Jan. 1, 1998 - Dec. 31, 1999; AND

• were not reimbursed by any type of insurance.

Overcharges paid by consumers are estimated to range from $55 to $100 per month, meaning that many victims may be entitled to significant sums for restitution. For example, a consumer who purchased clorazepate for the entire damage period (January 1998 through December 1999), could receive a check for $2,000.

The consumer claims period will begin on June 1, 2001, and will run for 120 days, until Sept. 29, 2001. Maine consumers who submit valid claims will receive refund checks after the Court grants final approval to the settlement, which may occur as early as January 2002. Consumers can obtain claim forms and more detailed information about the settlement and their legal rights by calling toll free 1-800-899-5806, or accessing the Internet at www.agsettlement.com.

Additionally, many pharmacies in Maine will send claim forms directly to their customers who are eligible for a refund. Attorney General Rowe has also asked pharmacies to display information about how consumers can file claims.

The lawsuit accused Mylan and others in 1998 of orchestrating an illegal price increase of more than 2,000% for the generic drugs lorazepam and clorazepate, both used to treat Alzheimer's disease and anxiety. Under terms of the settlement, $72 million will be made available for distribution to individual consumers nationwide injured by the price increases. Also, in an effort to restore a competitive balance to the pharmaceutical market, Judge Hogan preliminarily approved an injunction under which Mylan has agreed to certain restrictions in its future supplier agreements.

DOE DECISION

August 10, 2001

The United States District Court for the District of Maine today invalidated a provision of the Maine Constitution that prohibited persons under guardianship for mental illness from voting. Maine voters had rejected by large margins referendum questions seeking repeal of the provision in 1997 and 2000.

Attorney General Steven Rowe reiterated his statement of February 20, 2001, in which he stated: "As Attorney General, I am sworn to defend the Constitution and laws of Maine. Maine has a Constitutional provision that restricts the voting rights of many of our citizens.

"I do not intend for any person under guardianship to lose the right to vote as a result of my office's defense of the lawsuit brought by the Disability Rights Center. On the contrary, I believe that our analysis of the Constitutional voting restriction and the Maine probate code together has emphasized the fact that probate judges making guardianship decisions have the authority to ensure that an individual with capacity to vote retains that sacred right."

After receiving the District Court's ruling today, Attorney General Rowe stated: "I believe we have fulfilled our duty to defend the Constitution. Our intent throughout this proceeding was to show that the provision could be narrowly construed so as to deprive fewer people of the right to vote while abiding the Constitution and the will of the voters. While our argument did not prevail, we are not displeased with the Court's decision. We do not intend to appeal."

ATTORNEY GENERAL TARGETS ILLEGAL PYRAMID SCHEMES

August 21, 2001

AUGUST 21, 2001

CONTACT: Linda Conti, Assistant Attorney General
207-626-8800

The Attorney General's Office announced today that it has sued Theodore McLeod, Jr. of Hermon, Maine for promoting a pyramid scheme. Pyramid schemes are illegal money making ventures in which large numbers of people at the bottom of the pyramid pay money to a few people at the top. Each new participant pays for the chance to advance to the top and profit from payments of others who might join later.
Promoters of pyramid schemes refer to them as investments or gifting programs with the hope that consumers will believe their claims that the scheme is not illegal. A scheme known as the NASCAR Racing Club operated in several Maine counties earlier this year. It now appears that the NASCAR pyramid has collapsed, leaving many Mainers out the initial investment of up to $5000.

The Attorney General continues to investigate these schemes and anticipates that more lawsuits will be filed in the future.

New schemes are being created all the time. Attorney General Steven Rowe warned, "Because promoters of these types of programs try to convince consumers they are legal, it is important to know some common factors so you can recognize the pyramid scheme, including the following 'red flags':

  • Money is made by recruiting distributors or investors;
  • Your initial investment buys you the right to recruit others for profit;
  • There is high pressure to join or 'buy-in.'"

Attorney General Rowe noted that his Consumer Protection Division is working hard to shut down all of the pyramid schemes in Maine but strongly urges consumers to recognize the warning signs and steer clear of these bogus plans that offer unbelievable short-term returns. Furthermore, he asked consumers who have been approached about joining such a program to contact his Consumer Protection Division at 626-8800.

ATTENTION: GEORGE FOREMAN GRILL PURCHASERS NOTICE

February 28, 2003

ATTORNEY GENERAL ROWE ANNOUNCES SETTLEMENT

March 10, 2003

MARCH 7, 2003

CONTACT:
JOHN BRAUTIGAM, ASSISTANT ATTORNEY GENERAL
207-822-0326

Attorney General Steven Rowe announced today a preliminary settlement in an antitrust suit brought against three drug manufacturers. The suit alleges that the manufacturers illegally blocked competition from certain generic drugs, resulting in inflated prices for the popular anti-anxiety drug BuSpar® (BuSpar). Approximately 20 million prescriptions for BuSpar are filled each year in the United States.

Maine joined 36 other states in filing court papers seeking final approval of the settlement. The defendants - Bristol-Myers Squibb Co. (BMS), Watson Pharma, Inc. and Danbury Pharmacal, Inc. - have agreed to pay over $90 million to settle the case. The settlement is not final until it receives court approval.

The lawsuit alleged that the defendants illegally blocked generic competition by:

1. Entering into an agreement whereby BMS paid millions of dollars to a potential competitor who agreed to refrain from producing a generic version of BuSpar®.

2. Making misrepresentations and false statements to the federal Food & Drug Administration about BMS's patent rights for BuSpar®, causing the FDA to block generic competition.

Attorney General Rowe said, "As if the high prices legally charged by drug companies weren't burdensome enough on Maine people, these companies have struck illegal deals to keep prices high. We hope this suit will have a ripple effect across the drug industry and end these schemes that stifle competition."

If the court approves the settlement, a nationwide consumer fund will be established and administered by the settling states. The consumer fund will compensate consumers who can demonstrate that they purchased BuSpar® between January 1, 1998 and January 31, 2003. Consumers who were taking BuSpar® throughout that period may be eligible to receive as much as $200 to $300. The settlement establishes a process by which consumers will be notified. More information is available at www.busparsettlement.com. Only after all consumer claims are in will funds be disbursed.

The settlement agreement also contains strong injunctive relief that will prevent BMS from engaging in the type of conduct alleged in the complaint for a period of 10 years. Specifically, BMS may not:

1. Make false statements or misrepresentations to the FDA;

2. Attempt to re-list the BuSpar® patent with the FDA;

3. Attempt to list certain other types of patents with the FDA if such listing would unreasonably delay the entry of generic competition; or

4. Enter into any agreement with generic drug enter manufacturers to settle patent infringement suits if the result of such an agreement would potentially adversely affect competition.

Upon final court approval, Maine state government will also receive approximately $500,000 to compensate state agencies that purchased BuSpar® at inflated prices.

STATEMENT OF ATTORNEY GENERAL ROWE REGARDING FILING OF MOTION IN MENTALLY ILL VOTING RIGHTS CASE

August 23, 2001

AUGUST 23, 2001

CONTACT: Charles Dow, Director, Communications And Legislative Affairs 207-626-8577

On August 23, the Attorney General's Office filed a motion to amend the August 9 order of the U.S. District Court for the District of Maine in the case that invalidated a provision of the Maine Constitution that barred persons under guardianship for mental illness from voting. The motion does not seek to change that result, and its filing does not constitute an appeal of the case.

Attorney General Rowe stated: "At this juncture, we have not sought to change the outcome of this case. Rather, we have asked the judge to modify that part of his order that holds that the State's sovereign immunity does not extend to claims presented under Title II of the Americans with Disabilities Act and the Rehabilitation Act.

"It is not unusual for a party to request modification of a court order when a party believes that a particular aspect of the order is contrary to established law. We are troubled by part of the court's order because it may unnecessarily erode the State's sovereignty in future litigation under federal law."

ATTORNEY GENERAL SETTLES CIVIL RIGHTS CASE IN CUMBERLAND COUNTY

August 24, 2001

AUGUST 24, 2001

CONTACT: Carlos Diaz, Assistant Attorney General 207-822-0498

Attorney General Steven Rowe announced today that the Maine Superior Court has approved the settlement of a civil rights enforcement action brought against a Portland resident. The Attorney General's lawsuit alleged that on May 6, 2001, the Defendant committed several acts of vandalism by spray-painting racist and anti-Semitic slurs on gravestones in the Mt. Sinai Cemetery, and on houses, businesses, and automobiles in the surrounding area. The Defendant, who was sixteen years old at the time of the vandalism, is now seventeen years old. The Attorney General's Office does not divulge to the public the names of juvenile defendants in Maine Civil Rights Act cases.

With the consent of both parties, the Court issued an order prohibiting the Defendant from engaging in any further violations of the Maine Civil Rights Act and requiring the Defendant to pay restitution to the victims totaling $6,783.00. Violation of the Court's order is a crime punishable by up to one year in jail and fines of up to $2,000.00.

The Cumberland County District Attorney has already prosecuted the Defendant for Aggravated Criminal Mischief under Maine's Juvenile Code. Aggravated Criminal Mischief is a Class C felony if committed by an adult. The Defendant served 40 days in the Maine Youth Center, is on probation for one year, and is receiving counseling in a residential placement.

The Maine Civil Rights Act authorizes the Attorney General to bring an enforcement action against any person who intentionally interferes with the right of another person to engage in lawful activities free from actual or threatened physical force or violence, property damage, or trespass to property motivated by race, color, sex, religion, sexual orientation, ancestry, national origin, or physical or mental disability.

Attorney General Steven Rowe said, "The desecration of a cemetery through the spray painting of ethnic, religious or other slurs will not be tolerated. My office will take action to prevent the defacement of any property in violation of the Maine Civil Rights Act."

The Attorney General expressed his appreciation for the quick and thorough investigation of this matter that was conducted by the Portland Police Department.

MAINE AMONG STATES SETTLING "SHORT FILLING" CLAIMS AGAINST PHARMACIES

August 31, 2001

AUGUST 31, 2001

CONTACT: Marci A. Alexander, Assistant Attorney General, Director, Medicaid Fraud Control Unit 207-626-8800

The Medicaid Fraud Control Unit (MFCU) within the Maine Attorney General's Office announced today that Maine's Medicaid program will receive $35,285 in settlement of a multi-state lawsuit against CVS Corporation. The lawsuit alleged that CVS and Revco, a 2,552-store pharmacy chain that CVS acquired in 1997, billed federal and state health care programs for quantities of medication that exceeded the amounts that were actually given to customers. The practice is known as "short filling." Prescriptions are frequently short-filled when a pharmacy has a limited supply of a drug. The settlement covers the time period of January 1, 1988 to June 1, 1997.

The settlement also requires CVS to modify its pharmacy billing operations to ensure future compliance with applicable laws and Medicare and Medicaid rules and regulations. The Office of Inspector General of the U.S. Department of Health and Human Services will monitor the company's future compliance.

Assistant Attorney General Marci A. Alexander, Director of Maine's Medicaid Fraud Control Unit, said, "This case is not about a ton of money, this case is about the people of Maine getting what we paid for. We are serious about it."

Twenty state Medicaid Programs and the District of Columbia recovered over three million dollars as a result of the settlement. CVS is a Rhode Island based retail pharmacy chain, which currently operates approximately 4,100 stores in 27 states and the District of Columbia.

For further information, please contact Barbara Zelner, counsel for the National Association of Medicaid Fraud Control Units, at (202) 326-6020 or Marci Alexander of the Maine Medicaid Fraud Control Unit at 626-8800.

PYRAMID SCHEME NEWS:

September 6, 2001

1. FEDERAL COURT DISMISSES "A WOMAN'S PROJECT" ORGANIZERS' SUIT AGAINST MAINE PROSECUTORS
2. AG FILES SUIT AGAINST TWO "NASCAR" ORGANIZERS

SEPTEMBER 6, 2001

CONTACT: James Mckenna And Linda Conti, Assistant Attorneys General
207-626-8800

FEDERAL COURT DISMISSES "A WOMAN'S PROJECT" ORGANIZERS'     SUIT AGAINST MAINE PROSECUTORS

Attorney General Steven Rowe and the State's eight district attorneys announced today that a federal judge has ruled that the prosecutors' public warnings against participating in "A Women's Project" do not violate the pyramid organizers' rights under the First Amendment or the Civil Rights Act. The judge wrote, "[T]he plaintiffs have not alleged that the prosecutors were doing anything more than advising them and the public that in their view A Woman's Project violates [the law barring pyramid schemes]."

Michael Povich, District Attorney for Hancock and Washington Counties, said, "We felt that we should warn people and prevent harm before it happened."

James McKenna, the Assistant Attorney General who handled the state's defense, said, "The Supreme Court established long ago that prosecutors could use the press to warn the public and potential law violators about an apparently illegal scheme."

With the federal suit dismissed, the Attorney General plans to pursue a civil unfair trade practices case against A Woman's Project participants in state court.

AG FILES SUIT AGAINST TWO "NASCAR" ORGANIZERS

The Attorney General also announced that his office has filed suits in Kennebec County Superior Court against two organizers of the NASCAR Men's Club that operated in Maine earlier this year.

Assistant Attorney General Linda Conti, who is handling the cases for the State, said, "We are in the first lap of NASCAR prosecutions. There are more to come."

The suits against John L. Neddeau of Baileyville and Theodore McLeod, Jr. of Hermon allege that the two men engaged in deceptive conduct and participated in an illegal pyramid scheme. The court has not yet scheduled either matter.

Attorney General Rowe stated, "Our unfortunate experience with the pyramids reminds us of an important lesson: if a deal seems too good to be true, it probably is. In the case of pyramid schemes, they are also illegal. We need to use common sense."

ATTORNEY GENERAL BRINGS CIVIL RIGHTS SUIT IN CUMBERLAND COUNTY

September 10, 2001

SEPTEMBER 17, 2001

CONTACT: Carlos Diaz, Assistant Attorney General
207-822-0498

Attorney General Steven Rowe announced today that his office has filed a lawsuit under the Maine Civil Rights Act against a Portland man for assaulting and threatening to kill two Portland men because he believed they were gay. The suit alleges that on July 2, 2001, Peter E. Toppi, 45, turned his vehicle sharply to nearly run over two men as they walked arm-in-arm across Franklin Street. The suit further alleges that Toppi then ran up to the two men and assaulted and threatened them while yelling derogatory anti-gay slurs at them. One of the men received injuries requiring medical attention.

The lawsuit seeks a court order prohibiting Toppi from interfering with any person's right to engage in lawful activities free from physical violence or threats of physical violence motivated by sexual orientation. The Defendant also faces civil penalties of up to $5,000.

Attorney General Rowe said, "Maine must be a place where you can walk safely down the street with the person you love. It is that simple."

The Maine Civil Rights Act authorizes the Attorney General to bring an enforcement action against any person who intentionally interferes with the right of another person to engage in lawful activities free from actual or threatened physical force or violence, property damage, or trespass to property motivated by race, color, sex, religion, sexual orientation, ancestry, national origin, or physical or mental disability.

The Attorney General expressed his appreciation for the prompt referral of this matter by the Cumberland County District Attorney's Office, which has charged Toppi under the criminal statutes with two counts of assault and one count each of driving to endanger and reckless conduct.

ATTORNEY GENERAL ROWE EXPRESSES CONCERN FOR CIVIL RIGHTS

September 12, 2001

SEPTEMBER 12, 2001

CONTACT: Charles Dow, Director, Communications And Legislative Affairs 207-626-8577

In the wake of yesterday's tragic events in New York and Washington and in response to reports of threats made to Arab Americans in other states, Maine Attorney General Steven Rowe expressed concern for the civil rights of Maine people.

Attorney General Rowe stated: "As we grieve and deplore these senseless acts of terror, we must be vigilant to ensure that the civil rights of all people are respected. The natural anger that we feel toward the as yet unknown perpetrators must not be allowed to endanger the rights of innocent people, whatever their ethnic origin. This is a time for all Americans to stand together, united in our respect for that diversity which is the greatest strength of our democracy."

ATTORNEY GENERAL FILES CIVIL RIGHTS CASE IN ANDROSCOGGIN COUNTY

September 18, 2001

SEPTEMBER 18, 2001

CONTACT: Carlos Diaz, Assistant Attorney General 207-822-0498

Attorney General Steven Rowe announced today that his office filed an enforcement action under the Maine Civil Rights Act against Chad Aube, 19, and Christopher Cheetham, 23, based on an incident in Lewiston involving anti-gay violence. The Complaint alleges that on February 19, 2001, in the vicinity of the Hurricane Club on Lisbon Street, Aube and Cheetham assaulted and threatened two men whom they believed to be gay. The case has been delayed due to difficulty in locating the two Defendants to serve them with court summonses.

The Attorney General seeks a permanent court order prohibiting Aube and Cheetham from any further acts or threats of violence motivated by sexual orientation. Aube and Cheetham could also face civil penalties of up to $5,000 each.

Attorney General Rowe said, "Imagine being assaulted and threatened simply because you belong to a particular group. It is a violation of basic freedom and the Maine Civil Rights Act. Maine must be a place where you can safely walk down the street with someone you love."

The Attorney General expressed his appreciation for the investigation conducted by the Lewiston Police Department, and to the Brunswick Police Department for its assistance in locating and serving the Defendants.

ATTORNEY GENERAL ROWE EXPRESSES CONSUMER CONCERNS ABOUT NEW MICROSOFT XP OPERATING SYSTEM

September 20, 2001

SEPTEMBER 20, 2001

CONTACT: Francis Ackerman, Assistant Attorney General
207-626-8800

Attorney General Steven Rowe announced today that he has joined five other state attorneys general in expressing consumer protection and antitrust concerns to Microsoft CEO Steve Ballmer. The attorneys general of Maine, New Hampshire, Vermont, Rhode Island, Montana, and Arkansas said in a letter to Ballmer, "We add our voices to those calling on Microsoft to remedy the antitrust problems that are now evident. . . . We agree with our colleagues, the litigating states and the federal government, that any anti-competitive aspects of Windows XP should be addressed."

With the addition of attorneys general from Maine, New Hampshire, Vermont and Rhode Island, attorneys general in all Northeastern U.S. states are now on record with their concerns about Microsoft's anti-competitive market practices. Massachusetts, Connecticut and New York are already involved as parties in the antitrust lawsuit against Microsoft pending in federal district court in the District of Columbia.

With regard to Windows XP, the letter expresses the AGs' concerns that "Microsoft may have constructed this new product without due regard for relevant legal rulings, and without due regard for other issues involving consumer choice and consumer privacy."

Among the consumer choice concerns with Windows XP is that it may diminish consumer access to platforms that might pose a threat to Microsoft's Windows operating system. Among the alternate platforms at issue are AOL's Instant Messenger and RealNetworks' Real Media Player.

Among the privacy concerns surrounding Windows XP is the concern that it encourages consumers to use a "Passport account," through which Microsoft could become the repository of a vast array of personally identifiable financial information about an enormous segment of the consuming public. Advance versions of Windows XP inform consumers that a Passport account with Microsoft is required in order to run Windows XP, which is not true.

Attorney General Rowe stated, "The antitrust laws protect competition, not particular competitors. They are intended to help provide consumers with the highest quality goods at the lowest possible price. We are telling Microsoft that we are looking out for Maine consumers."

AG NAMES BATH OFFICER FIRST ELDER SERVICE OFFICER OF THE YEAR

July 1, 2002

JULY 1, 2002

CONTACT: Charles Dow, Director Communications And Legislative Affairs 207-626-8577

Attorney General Steven Rowe today named Bath Police Department Officer Daniel Couture, 29, Elder Service Officer of the Year. Couture, a Topsham resident, is the Bath PD's liaison to seniors in the community. He is an active member of TRIAD, a national effort that depends on local partnerships between seniors and law enforcement for the purpose of preventing crime against seniors. He is a regular presence when Bath seniors get together. Bath Police Chief Pete Lizanecz called Couture "the essential link between our older folks and the police department."

The Maine Attorney General's Elder Service Officer Program was created in 1999. The Attorney General invited law enforcement agencies to designate officers to receive enhanced training in elder related law enforcement topics. There are currently over 100 Elder Service Officers in police and sheriff's departments throughout the State.

Attorney General Rowe believes the Elder Service Officers (ESOs) are becoming increasingly important because the elderly are so frequently the targets of exploitation, fraud, and abuse. Rowe instituted the Elder Service Officer Award this year to call attention to the exceptional service he sees ESOs rendering to Maine seniors. The honor will be awarded annually by the Attorney General to a law enforcement officer who performs exemplary work with seniors in the prevention of fraud, financial exploitation, and abuse.

"Our seniors deserve the best information and protection we can give them. I am proud that so many good officers like Officer Couture have taken on this special duty, and I hope all Maine communities will have ESOs in a few years," said Rowe.

WALDO MAN GETS THREE YEARS IN PRISON FOR TRAFFICKING IN HEROIN

July 8, 2002

JULY 8, 2002

CONTACT: Charles Dow, Director, Communications And Legislative Affairs 207-626-8577

Attorney General Steven Rowe reported today that Kean M. Ripley, III, age 21, of Stockton Springs was sentenced late last Wednesday for Trafficking in Heroin (Class B) and the Possession of Heroin (Class C). Maine Superior Court Justice Donald Marden sentenced Ripley to serve six years in prison, with all but three years suspended. Once Ripley has served three years in prison, he will be on probation for an additional four years. His conditions of probation require him to completely abstain from the use or possession of alcohol, illegal drugs and firearms, to agree to random drug searches, and to undergo drug counseling. Seven seized firearms were forfeited to the State of Maine.

Ripley pled guilty in June to selling $225 worth of Heroin to an informant on December 17, 2001. The sale was followed by a police search of a home and the seizure of heroin, drug ledgers, packaging materials and seven firearms.

The case was prosecuted by Assistant Attorney General Lara M. Nomani, and was investigated by the Maine Drug Enforcement Agency, with assistance from the Waldo County Sheriff's Office and Maine State Police. In announcing the sentence, Attorney General Steven Rowe stated: "The use of heroin has risen to alarming levels in this State, as is evident from the increase in heroin and other opiate-related overdoses and deaths. This case serves as a reminder that the sale of any amount of heroin will be prosecuted to the fullest extent of the law."

AG ADVISES EDUCATION COMMISSIONER REGARDING RELIGIOUS SCHOOL

July 12, 2002

JULY 12, 2002

CONTACT: Paul Stern, Deputy Attorney General 207-626-8800

Attorney General Steven Rowe today responded to Education Commissioner J. Duke Albanese's request for advice regarding the impact of last month's U.S. Supreme Court decision in Zelman v. Simmons-Harris on Maine's law that excludes sectarian schools from participation in Maine's state-wide, publicly funded education plan.

Rowe advised that the Zelman decision did not address the issue presented by Maine's law, and that the State and Maine school administrative units should continue to consider sectarian schools ineligible for public tuition payments until the Legislature or the courts mandate otherwise.

ATTORNEY GENERAL ROWE JOINS CALL ON FDA TO REGULATE NEW "TOBACCO CANDY" PRODUCT

July 16, 2002

JULY 16, 2002

CONTACT: Melissa Reynolds O'dea, Assistant Attorney General 207-626-8552

Attorney General Steven Rowe today called on the U.S. Food and Drug Administration to halt the marketing of a dangerous new candy-like tobacco product called "Ariva." Ariva resembles a small breath mint, but it delivers as much nicotine as smoking a cigarette. The product contains compressed tobacco powder along with sweeteners, mint and other flavorings. Virginia-based Star Scientific Inc. makes Ariva, and plans to market it nationwide.

"Tobacco products kill more than 440,000 Americans every year and the nicotine in these products keeps children and adults addicted," Rowe said. "Ariva is a mint-flavored, candy-like product that contains nicotine. It's unfortunate that companies think it's acceptable to make products like Ariva, which can be appealing to children."

Maine has made great strides in reducing tobacco use by young people in recent years, reporting a 36% reduction in high school age smokers since 1997 (from 39.2% in 1997 to 25% in 2001). Assistant Attorney General Melissa Reynolds O'Dea, who monitors tobacco advertising and sales for the State, said, "Allowing the sale of tobacco candy to Maine kids would be a real step backward."

In written comments presented today to the FDA, 42 Attorneys General warned that Ariva raises serious public health concerns warranting the FDA's immediate attention. The Attorneys General noted that because the product looks like a breath mint and does not emit smoke or strong tobacco odors when used, parents and teachers may not be able to determine when a child is using this addictive and hazardous substance. Although Star publicly claims that its product is for current smokers, Ariva has many features that appeal to children including: chewing gum-style packaging and candy-like sweetness. The Attorneys General told the FDA that the marketing and packaging for Ariva falsely implies that the product is a healthy alternative to smoking, when in fact it contains toxic and cancer-causing substances. The Attorneys General noted that Ariva is similar to nicotine water, nicotine lollipops and nicotine lip-balm, which the FDA recently regulated as illegal drugs.

In addition to Rowe, Attorneys General from the following states and territories co-signed the FDA letter: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia and Wisconsin. The Attorneys General comment letter supports a petition calling for FDA regulation of Ariva submitted last year by numerous public health and medical organizations, including: the National Center for Tobacco-Free Kids, the American Medical Association, the American Cancer Society, the American Heart Association, the American Lung Association, the American Legacy Foundation and numerous other major public health organizations.

STATE ATTORNEYS GENERAL PRESS BUSH ADMINISTRATION ON CLIMATE CHANGE

July 17, 2002

JULY 17, 2002

CONTACT: Jerry Reid, Assistant Attorney General
207-626-8800

Attorneys General from 11 states today called on the Bush Administration to reconsider its position on the regulation of greenhouse gas emissions. Noting that states are filling the regulatory void left by federal inaction, the Attorneys General submitted a five-page letter to the Administration outlining why a national approach to the climate change problem will actually lead to more cost-effective solutions.

In a July 17 letter sent to President George W. Bush, Attorneys General from Alaska, California, Connecticut, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont urged the Bush Administration to take a "strong national approach" to the environmental and health risks imposed by climate change that will "better protect the American economy in the long run."

Identifying climate change as the "most pressing environmental challenge of the 21st century," the Attorneys General pointed to a May 2002 report that the United States recently issued as cause for immediate action. The report, U.S. Climate Action Report 2002, confirms the dangers of global climate change and projects that its primary cause, emissions of greenhouse gases--primarily carbon dioxide produced from the combustion of fossil fuels--will increase by 43 percent by 2020.

Attorney General Rowe said, "Maine's economy still grows outdoors, and denial is not an acceptable way of dealing with the climate change problem. Climate change may alter the lobster fishery, the forest products industry, agriculture, and even maple sugaring, to cite a few examples. It may also increase the incidence of Lyme disease in Maine due to an increase in the deer tick population. These are practical problems we need to face.

While the Bush Administration is now acknowledging the negative impacts of global climate change, the Attorneys General expressed concern that it has yet to propose a credible plan addressing the findings and conclusions outlined in its recent report. Rather than proposing a solution, the recent report focuses on the need to accommodate coming changes, suggesting, for example, that increased use of air conditioning should be used to deal with heat-related health impacts. The Attorneys General likened the Administration's approach to former Interior Secretary Hodel's infamous suggestion that the government contend with the hole in the ozone layer by encouraging Americans to make better use of sunglasses, suntan lotion and broad brimmed hats.

According to the State Department's report, global climate change, primarily caused by greenhouse gas emissions, can result in:

Increased Temperatures. Average temperatures have already increased by one degree Fahrenheit over the past century, and are likely to increase by five to nine degrees Fahrenheit over the next century. An increase will dramatically change climates in every state and destroy some fragile ecosystems.

Rising Sea Levels. Sea levels have already risen four to eight inches over the last century and are likely to rise another 4 to 35 inches during the next century. Rising sea levels will cause more coastal flooding, and will obliterate vital estuaries, coastal wetlands and barrier islands. The result will be increased storm and storm damage in some areas and dwindling water supply in others, such as California and other parts of the West.

Increased Health Risks. The effects of climate change can result in illnesses and deaths associated with temperature extremes, storms and other heavy precipitation events, air pollution, water contamination, and diseases carried by mosquitoes, ticks and rodents. A just published study in the journal, Science, warns of increased risks from insect-borne diseases such as malaria and yellow fever.

"Not only have we underestimated the rate at which climate would change, recent studies indicate that we have underestimated the rate at which organisms, including insects and others that can transport disease, are reacting to these changes," said Dr. Paul R. Epstein, Associate Director of the Center for Health and the Global Environment at Harvard Medical School. "The question we need to be asking is not whether we can afford to do something about climate change, but whether we can afford not to."

In response to the lack of initiative at the federal level, several states are taking steps to reduce greenhouse gas emissions at the local level. In Massachusetts, state regulations were adopted last year requiring carbon dioxide reductions by power plants and in New Hampshire "cap and trade" legislation was recently enacted. The legislature in California just passed a bill that will lead to the "maximum feasible" reductions of carbon dioxide emissions from vehicles. Also, a "carbon cap" is being considered by elected leaders in New York.

The preferred and, more importantly, most efficient route is regulatory action at the national level. ""We agree that the global nature of the climate change problem would be most efficiently addressed by comprehensive regulatory action at the national level," the letter states. "We strongly believe that prompt implementation of a market-based approach that caps greenhouse gas emissions would promote significant benefits for public health, welfare and the environment."

Today's letter also noted that states are also beginning to review their litigation options.

ATTORNEY GENERAL FILES CIVIL RIGHTS CASE IN BIDDEFORD AFTER ASSAULT ON A GAY MAN

August 1, 2002

AUGUST 1, 2002

CONTACT: CHRISTINA MOYLAN, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe today announced that his office has filed a civil enforcement action under the Maine Civil Rights Act against Reginald Gilbert, Sr., 48, of Biddeford and Reginald Gilbert, Jr., 28, also of Biddeford, as a result of threats and an assault by the Gilberts against a gay man.

The complaint, filed in York County Superior Court, alleges Reginald Gilbert, Sr. verbally accosted and spat on the gay man who was walking down the street to visit a friend. The complaint alleges that Gilbert, Sr. threatened to kill the victim. The complaint also alleges that, as the victim was leaving the area, Reginald Gilbert, Jr. attacked the victim, kicking him several times in the face. Further, the complaint alleges, at 2:00 a.m. the next morning, Gilbert, Sr. went to the victim's house, screamed at him and threatened to burn his house down. Both Gilberts used repeated profanity and anti-gay language during each of the encounters, according to the complaint.

The Attorney General's complaint seeks to permanently enjoin Gilbert, Sr. and Gilbert, Jr. from any further threats or acts of violence, property damage, or trespass against the victim or others motivated by bias.

Attorney General Rowe stated: "No person in this State should be subject to threats or violence because of prejudice or bias. Our office will work closely with local law enforcement to aggressively enforce the State's civil rights laws."

Attorney General Rowe commended the Biddeford Police Department for its investigation of the incident. The department referred the case to Rowe's office for possible action under the Maine Civil Rights Act.

ATTORNEY GENERAL SHUTS DOWN FRAUDULENT HOME REPAIR CONTRACTOR

August 9, 2002

AUGUST 9, 2002 Carlos Diaz, Assistant Attorney General 207-626-8846

Attorney General Steven Rowe announced today that his office has won a lawsuit in Cumberland County Superior Court against a fraudulent home repair contractor. The lawsuit, filed by the Attorney General's Office last August, alleged that contractor Alfred Verdone intentionally defrauded nine homeowners in Cumberland and Androscoggin Counties, all in violation of the Maine Unfair Trade Practices Act and state law regulating home repair contracts. The fraud consisted of failing to perform work that was paid for, shoddy workmanship, and failing to provide proper written contracts.

On July 15, 2002, the Superior Court granted judgment by default to the State as a sanction against Verdone for failing to comply with an order to turn over documents relating to the lawsuit. The Court found that Verdone's business practices were intentionally deceptive, unfair and fraudulent, and that he intentionally failed to disclose important information to the homeowners. The Court prohibited Verdone from contracting to perform home repairs in Maine in the future. The Court also imposed a $45,000 fine against Verdone and ordered him to pay $54,323 in restitution for the defrauded homeowners.

According to the lawsuit, Verdone advertised his home repair services in local newspapers and periodicals under several different business names, including AAA Contracting and Painting and A&C Painting and Construction. He falsely told homeowners that he was a home repair expert, that he used only licensed electricians and plumbers, and that all of his work was guaranteed. In many instances he gave fake names and addresses. He did not provide written contracts, or provided contracts that were incomplete, and he required a down payment of more than one-third of the total price, all of which is prohibited under state law. Verdone's workmanship was so poor that several of the homeowners had to hire another contractor to do the job over again. He frequently violated building codes and safety regulations. He failed to respond when the homeowners complained, and refused to refund their money.

Under the Maine Unfair Trade Practices Act, the Attorney General may sue any contractor who violates state home repair law, or engages in any other fraudulent practices in the course of business. All home repair contracts for more than $1,400 must be in writing, must be signed by both parties, and must include a description of the work to be done, the price and method of payment, the dates for beginning and completing the work, a statement of how disputes will be resolved, and a warranty statement. Any changes to the original contract must also be in writing.

While the State does not currently require contractors to be licensed like plumbers and electricians, the Attorney General's Office is working with a broad coalition to promote the adoption of contractor licensing and a statewide residential building code. Maine people interested in this effort should call Chuck Dow at the Attorney General's Office at 626-8577.

The Attorney General's Consumer Mediation Service receives an average of 175 consumer complaints against home repair contractors in Maine each year.

Assistant Attorney General Carlos Diaz, who handled the Verdone case for the State said, "While it is great to put a bad contractor out of business, consumers would be much better protected if he had been kept out of the business to begin with. Consumers need licensed contractors they can count on."

ATTORNEY GENERAL FILES CIVIL RIGHTS CASE IN LEWISTON ANTI-GAY THREATS

December 6, 2001

DECEMBER 6, 2001

CONTACT: Christina Moylan, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe today announced that his office has filed a civil enforcement action under the Maine Civil Rights Act against John Dorr, 27, of Auburn, as a result of threats made by Dorr against two Lewiston residents because of their perceived sexual orientation.

The complaint, filed in Androscoggin County Superior Court, alleges that in September of this year Dorr confronted and verbally accosted the two men with graphic and vulgar threats to kill them or otherwise physically harm them. The incident apparently was precipitated by the display of a rainbow flag in an apartment window.

The Attorney General's complaint seeks to permanently enjoin Dorr from any further threats or acts of violence, property damage, or trespass against the victim and others motivated by bias.

Attorney General Rowe stated: "No person in this state should be subject to threats or violence because of prejudice or bias. Our office will work closely with local law enforcement to aggressively enforce the State's civil rights laws."

Attorney General Rowe commended the Lewiston Police Department for its investigation of the incident. The department referred the case to Rowe's office for possible action under the Maine Civil Rights Act.

ROWE SUES DRUG MAKER FOR BLOCKING ACCESS TO LOW COST DRUGS

December 12, 2001

DECEMBER 12, 2001

John Brautigam, Assistant Attorney General
207-626-8800

Maine Consumers, Agencies Were Forced to Pay Excessive Prices for Anti-Anxiety Medication BuSpar®

Maine Attorney General Steven Rowe today announced that he has filed a lawsuit against Bristol-Myers Squibb Co. ("Bristol-Myers") in the United States District Court for the Southern District of New York. Maine joins twenty-eight other states and Puerto Rico in filing suit against Bristol-Myers for blocking generic manufacturers from competing with the company's widely prescribed anti-anxiety medicine BuSpar®.

The lawsuit is the culmination of a multi-state investigation into statements made by Bristol-Myers to the federal Food & Drug Administration concerning Bristol-Myers' patent for BuSpar®. The suit alleges that Bristol-Myers misrepresented its patent rights, causing the FDA to extend its monopoly by blocking generic competitors.

"The high price of prescription drugs is a major problem for consumers in the State of Maine and the nation," said Attorney General Rowe. "Access to generic drugs helps contain the skyrocketing growth in prices, and we will vigorously oppose any scheme to illegally prevent consumers from enjoying the benefits of generic competition."

Under federal law, Bristol-Myers enjoyed a monopoly in the BuSpar® market for almost fifteen years - from the date of original FDA approval in 1986 until the BuSpar® patent expired on November 21, 2000. Ordinarily, on November 22, 2000 generic competitors would have been able to enter the market, providing consumers with a substantial price discount.

According to the complaint filed today, around the time the original patent expired Bristol-Myers applied for a new patent and then misrepresented its patent rights to the FDA in order to convince the agency not to approve generic competitors to BuSpar®. At the time of the alleged misrepresentations, generic competitors were poised to introduce their lower-priced versions of the drug into the market, even loading them onto trucks for shipment to consumers. Relying on Bristol-Myers' representations, the FDA blocked those shipments, and as a result consumers did not receive the benefit of the lower priced generic alternatives.

Federal and state antitrust laws prohibit any company from improperly monopolizing the market in consumer products such as prescription drugs.

Bristol-Myers' actions kept generic BuSpar® off of the market for nearly four months -until a federal court allowed generic competitors to sell their products, at least temporarily. During that time, thousands of consumers were denied the benefit of a low-cost generic equivalent toBuSpar®. Bristol-Myers also caused state agencies such as Medicaid to pay higher prices. Last year, total sales of BuSpar® exceeded $700 million.

Bristol-Myers and the generic manufactures are also tied up in litigation, and it is not yet clear whether the generic versions of BuSpar® will be able to remain on the market.

The suit filed by Maine and the other states seeks injunctive relief and monetary damages on behalf of consumers and state agencies. The Maine Medicaid program alone spent approximately $500,000 on BuSpar® during the four-month period at issue in the case.

ROWE REPORTS WINS FOR CONSUMERS IN LONG DISTANCE PHONE CASES

February 20, 2002

FEBRUARY 20, 2002

CONTACT: LINDA CONTI, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe announced today that his office has settled a case with Sprint concerning its advertising of long distance service to customers.

The settlement ends a two-year investigation by 22 states into tactics used in advertising long distance calling plans. The states alleged that the three major long distance carriers, Sprint, MCI and AT&T, failed to clearly and conspicuously disclose:

• The additional monthly fees that were tacked onto low per minute rates;

• That for some carriers the low per minute rate was only good at night or on weekends;

• That the in-state long distance per minute rates could be higher than the state-to-state rates.

While the Maine Attorney General's Office has settled with Sprint, it has also reached an agreement in principle with AT&T and MCI on the advertising claims. Rowe's office continues to negotiate with MCI and AT&T regarding his claims that their telemarketing and customer service practices are also unfair to consumers.

The carriers deny wrongdoing, but they have agreed to collectively pay the states $1.5 million. In addition, the carriers will now make disclosures to consumers that reveal the total cost of the service they are offering with the exception of taxes that the carriers are required to pass on. The carriers are also required to disclose clearly and conspicuously any limitations on their advertised rates or calling plans.

The states involved in the settlement are Illinois, Arkansas, Connecticut, Georgia, Idaho, Iowa, Kansas, Maine, Maryland, Michigan, New Jersey, New Mexico, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Vermont and Wisconsin, and the District of Columbia.

CONSUMER WARNING: "CANADIAN SWEEPSTAKES" SCAM OPERATING IN MAINE

March 1, 2002

MARCH 1, 2002

CONTACT: CHARLES DOW, Director, Communications And Legislative Affairs 207-626-8577

Attorney General Steven Rowe issued a warning today to all Maine residents concerning a sweepstakes scam purporting to be from Canada that is becoming more and more prevalent in Maine. "Many Maine residents have complained to my office, reporting that they have received calls from Canada that informing them that they have won a Canadian sweepstakes," said Attorney General Rowe. "The caller typically states that the money will be shipped immediately upon payment of a several hundred dollar processing fee. These calls are scams."

The callers give various reasons why the so-called "winners" must first pay money in order to receive the sweepstakes bonanza. They state that the fees are necessary to pay Canadian taxes, or are required due to the difference in exchange rates between the United States and Canada, or are necessary to pay bank expenses, etc. Such explanations are part of the scam and are all bogus.

In fact, it is a violation of both Maine civil and criminal law to call Maine residents and tell them they have won a prize but that in order to get the prize they must first pay money up front. The AG's Office is hopeful that public awareness of the scam will avoid consumer losses and the need to file lawsuits.

When members of the Attorney General's office hear about these solicitations, they immediately attempt to contact the Maine resident and warn against sending any money to the scammers. The office tries to respond as quickly as possible because the callers are very persuasive and make it seem that if the Maine resident does not immediately forward them the money then the sweepstakes winnings will be given to someone else. "Unfortunately," said Attorney General Rowe, "we were not able to immediately get in touch with one consumer who thought she had just won a Canadian sweepstakes. When we finally got in touch with her, she had already sent — and lost — several thousand dollars."

The Attorney General stated that this scam is becoming very widespread and offered the following advice: Never send money to another country because someone tells you that you have won a sweepstakes.

EASTPORT MAN GETS SIX YEAR SENTENCE FOR TRAFFICKING OXYCONTIN

April 12, 2002

APRIL 12, 2002

CHARLES DOW, Director, Communications And Legislative Affairs 207-626-8577

Maine Superior Court Justice Andrew Mead today sentenced Earl Marsh, 51, of Eastport, to six years in prison for the Class A crime Aggravated Trafficking in Schedule W Drugs (oxycodone/Oxycontin) in December of 1999. Marsh sold two 40-milligram Oxycontin tablets to a Maine Drug Enforcement Agency confidential informant. The fact that Marsh had previously been convicted of federal charges involving hashish figured into the length of the sentence imposed today.

Assistant Attorney General Matthew Erickson, who prosecuted the case on behalf of the State, said, "The sentence reflects the seriousness of the crime and the seriousness with which repeat drug offenders are treated in the courts." Erickson told the Court during the sentencing hearing that Marsh acquired the drugs by simultaneously seeing four different doctors and using six different pharmacies, none of whom knew the full extent of his drug procurement.

Attorney General Steven Rowe noted, "While this crime warrants the sentence handed down today, it illustrates Maine's need for a system that will alert doctors and pharmacists when data shows a person engaging in risky 'doctor shopping' and 'pharmacy shopping' for the purpose of selling and abusing drugs. Such systems have been successful in combating drug diversion in other states. Where medical professionals have information that allows them to intervene early, it yields greater benefits at a lower cost than long prison sentences."

ATTORNEY GENERAL SUES WOMEN WHO TOOK MONEY IN PYRAMID SCHEME CALLED "A WOMAN'S PROJECT"

April 30, 2002

APRIL 30, 2002

CONTACT: JAMES McKENNA, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe announced that his office has filed a lawsuit against the pyramid scheme known as A Woman's Project. The suit was filed in Superior Court in Kennebec County and names 31 defendants who have refused to return the $5,000 they solicited from new recruits to the pyramid scheme.

"Numerous women, often in great need of money, were attracted by an illusory promise that they could quickly obtain $40,000," said Attorney General Rowe. "But A Woman's Project is like all other pyramids, and it is doomed to fail."

A Woman's Project uses a dinner party analogy to explain to recruits how its fund-raising scheme works. Each new recruit typically gives $5,000 and is then placed at the "Appetizer" level of the "Dinner Table." When eight new recruits have been persuaded to join A Woman's Project, they each give $5,000 to a participant who has reached the "Dessert" level, the highest position at the "Dinner Table." As the new recruits work their way up the hierarchy, they move from "Appetizer" to "Soup and Salad" to "Entrée" and, finally, "Dessert." Recruits are led to believe that the pyramid can continue ad infinitum, even though mathematically it is certain to fail. See the attached description of A Woman's Project pyramid.

The Attorney General is seeking to recover money for 41 persons who were lured into contributing $5,000 to A Woman's Project. "Pyramid schemes such as A Woman's Project sow great discord in communities," said Attorney General Rowe. "People in need of money will recruit their friends and neighbors and relatives with the result that many people will lose their money and become embittered. Pyramids are against the law and we are going to try to stop them whenever we can."

The Attorney General's Office is also aware that alumni of A Woman's Project have apparently started a new fund-raising scheme called Ophelia or Stepping Stone. Assistant Attorney General James McKenna said, "The new schemes attempt to distinguish themselves from garden variety pyramid schemes, but those attempts fall short of the mark. Anyone who is asked to participate in any kind of 'gifting club' should report that to me at 626-8800."

A federal court previously dismissed a case filed by A Woman's Project organizers against the Attorney General and Maine's eight District Attorneys alleging that the prosecutors' public warnings against participating in illegal pyramids were chilling participation in A Woman's Project. The court ruled that the prosecutors were well within their power to warn the public about suspected illegal scams.

Two years ago, the Attorney General sued several participants of a similar pyramid scheme called Changing Lives. A trial is forthcoming against the defendants who have not settled in that case. The AG's office is currently involved in three suits against participants in a men-only pyramid scheme called NASCAR.

CONSUMER WARNING: NEW SCAMMERS PURPORT TO BE HELPING AG BUST SCAMMERS

April 30, 2002

APRIL 30, 2002

CONTACT: CHARLES DOW, Director Communications And Legislative Affairs 207-626-8577

Attorney General Steven Rowe today warned all Maine residents concerning a telephone scam operating in Maine that purports to be representing the Attorney General's Office in going after fraudulent scams. The callers say they are from a company called "Tele-Guard" and that their records show that the consumer's credit card has been fraudulently billed hundreds of dollars. They say they will, for a fee of $379, help recover the money. They also offer $500 "emergency cash" to help the consumer. They ask for the consumer's bank account number and a cancelled check number to facilitate the "emergency cash" deposit. What they don't say is that the information will allow them to withdraw from the consumer's account.

Attorney General Rowe said, "We have no arrangement with Tele-Guard or any other company that charges Maine consumers to recover money that was stolen from them. Do not provide any account information to these people because you think they work with the Attorney General. They do not."

In a 1996 case, the Attorney General sued Research Marketing Systems, Inc. on charges of fraudulent telemarketing practices. That company allegedly tricked consumers into paying $99 to $999 to recover money the consumer had already lost to fraudulent telemarketers. This practice is known as "reloading": duping consumers who have been targets of former scams. In a court approved settlement, RMS agreed to distribute $136,465 to 2,000 customers nationwide.

The Attorney General is hopeful that this warning will keep Mainers from falling victim to these scam artists and avert the need for a lawsuit to recover damages. "Let Maine common sense prevail," said Attorney General Rowe. "We in the AG's Office proudly work for the consumers of Maine, and there is never a surcharge for our services."

Rowe also urged a word-of-mouth campaign among friends and family to personally warn those who may be susceptible to such a scam. "Give elderly friends and neighbors a call, just to make sure they have heard this warning," Rowe said.

ILLEGAL PYRAMIDS IN MAINE

January 17, 2001

JANUARY 17, 2001

CONTACT: James Mckenna, Assistant Attorney General 207-626-8800

The Department of the Attorney General announced today that it has filed in Kennebec Superior Court an Unfair Trade Practice action against participants in the "Changing Lives" pyramid who initially refused to return money illegally obtained through the pyramid.

This pyramid scheme operated mainly in the Lewiston and South Paris areas and required each new recruit to contribute $2000 and to then recruit eight new members. The organizers used a high school analogy to describe the pyramid, telling new recruits that for $2,000 they could enter the pyramid as a "Freshman." They were then required to help recruit eight new members who would also contribute $2,000. They were promised that eventually, they could rise to the status of "Senior" and receive $16,000.

"Changing Lives is a direct violation of our anti-pyramid statute and has resulted in numerous recruits losing their money," said Assistant Attorney General James McKenna, the Assistant Attorney General who is handling the case for the State. "Our Superior Court Complaint has 39 individual defendants. We are determined to bring this matter to trial and obtain Orders requiring these people to pay back all monies and to pay a civil penalty to the State."

"The unavoidable fact is that a great majority of the people who are recruited into pyramid schemes lose all their money," said Attorney General G. Steven Rowe. "This is why Maine has declared pyramids illegal."

Rowe warned that other pyramids are currently operating in the State of Maine. The most prominent one that the Attorney General has received reports about is titled, variously, "Women Helping Women" or "The Women's Project" or "The Dinner Party." This pyramid scheme is now operating across Maine, from Machias to Portland, and recruits only women, who are required to find seven or eight recruits who will each contribute $5000. Women are recruited at dinner parties, warned not to tell their husbands, and promised that when they reach the "dessert" stage of the pyramid they will receive $35,000.

The Attorney General warned against participating in any pyramids. "Such pyramid schemes always have a simple sales pitch. They tell you it is legal and that you will receive a lot of money. In fact, the opposite is true: it is most certainly illegal and the great majority of people lose all their investment." In order to comply with the law, the Attorney General recommends that all pyramid participants immediately return any money they may have accepted from recruits to the pyramid.

STATEMENT OF ATTORNEY GENERAL G. STEVEN ROWE REGARDING VOTING RIGHTS OF PERSONS UNDER GUARDIANSHIP

February 20, 2001

FEBRUARY 20, 2001

CONTACT: G. Steven Rowe, Attorney General 207-626-8599

"As Attorney General, I am sworn to defend the Constitution and laws of Maine. Maine has a Constitutional provision that restricts the voting rights of many of our citizens.

"I do not intend for any person under guardianship to lose the right to vote as a result of my department's defense of the lawsuit brought by the Disability Rights Center. On the contrary, I believe that our analysis of the Constitutional voting restriction and the Maine probate code together has emphasized the fact that probate judges making guardianship decisions have the authority to ensure that an individual with capacity to vote retains that sacred right."

ATTORNEY GENERAL FILES CIVIL ENFORCEMENT ACTION AGAINST THREE DEXTER TEENAGERS

February 22, 2001

FEBRUARY 22, 2001

CONTACT: Christina Hall, Assistant Attorney General 207-626-8800

Attorney General G. Steven Rowe today announced that his office has filed a civil enforcement action under the Maine Civil Rights Act against three Dexter teenagers.

The complaint, filed in the Superior Court for Penobscot County, alleges that the teenagers threatened and assaulted an Hispanic youth and two friends because of the youth's race or national origin.

On November 28, 2000, the three teenagers confronted and assaulted the Hispanic youth and his friend outside a Dexter convenience store while making racial slurs. After the victims fled on foot, the teenagers pursued them in a car, continuing their confrontation, racial slurs and assaults when they caught up with them. The third victim was assaulted by the teenagers as he approached to assist the first two victims. One of the teenagers had previously stated that he intended to assault the Hispanic youth because of his race, as well as anyone else who tried to stop him.

The Attorney General's complaint seeks to permanently enjoin the teenagers from any further acts of violence, property damage, or trespass against the victims and others motivated by bias.

Attorney General Rowe stated: "No person in this state should be subject to threats or violence because of prejudice or bias. Our office will work closely with local law enforcement to aggressively enforce the State's civil rights laws."

Attorney General Rowe commended the Dexter Police Department for its investigation of the incident. The department referred the case to Rowe's office for possible action under the Maine Civil Rights Act.

STATE OF MAINE OBTAINS $10,000 CONSENT DECREE AND ORDER AGAINST CENTRAL MAINE LOGGERS

February 27, 2001

MFS Director Urges Woodlot Owners to Get a Written Contract Prior to Cutting
FEBRUARY 2001

CONTACT: Carlos Diaz, Assistant Attorney General 207-822-0498

Department of Conservation's Maine Forest Service Director Thomas C. Doak and Attorney General G. Steven Rowe today announced a Consent Decree and Order prohibiting two central Maine loggers from engaging in unfair and deceptive trade practices, and requiring payment of $10,000 in restitution. The Consent Decree and Order settles a lawsuit in which the State claimed that loggers Michael G. Davis of Sangerville and Carl Vainio of Abbot intentionally engaged in unfair and deceptive practices in their business dealings with the owners of 15 separate private woodlots. Fourteen of the 15 landowners do not reside on or near the woodlot.

According to the State's amended claim, loggers Davis and Vainio, owners of logging companies Kennedy Slate Mine Forestry Inc., and Windfall Logging Inc., deceived landowners into granting permission to cut and remove trees by making false representations regarding:

• The value, health and quality of the trees on the land

• The number of trees that would be harvested

• The logging methods that would be used

• The effect that the harvest would have on the appearance and value of the land

Nine of the land owners signed written contracts that granted the loggers permission to cut a large number of trees, relying on spoken assurances that the loggers in fact would cut only a small number of trees. The loggers failed to provide the other six landowners with any written contracts at all. The State, represented by the Department of the Attorney General, also alleged that the loggers paid all of the landowners only a fraction of the value of the wood harvested from the land.

"The Department of the Attorney General is committed to protecting the Maine woods and woodlot owners against illegal practices," stated Attorney General Steven Rowe.

"This case also shows that business people who defraud others will not avoid paying restitution by filing bankruptcy. One of these defendants tried and failed," said Assistant Attorney General Carlos Diaz.

The Consent Decree and Order permanently prohibits Davis and Vainio from making false representations to any land owner concerning the value, health or quality of trees on the land; the number of trees that would be harvested; the logging methods to be used; or the effect that logging would have on the appearance and value of the land.

Most importantly, the Order prohibits the loggers from harvesting trees unless the land owner is represented by a licensed professional forester, and requires a written logging contract containing all of the material terms and disclosing the land owner's right to cancel the contract up to three days after signing it. In addition, the loggers are required to deliver a Notification of Intent to Harvest to the landowner and the Maine Forest Service at least seven days before cutting down any trees. They must also keep all scale slips and other logging records available for inspection until six years after completion of the harvest.

"The vast majority of Maine loggers abide by the law. However, as this case points out, a few take advantage of unsuspecting landowners," says Maine Forest Service Director Tom Doak. "I urge small woodlot owners to take steps to protect themselves including checking logger references, having a written contract and calling the Maine Forest Service with any questions before any harvest activity begins."

Ironically, it was Michael Davis who initiated the lawsuit in January of 1997, when he sued the Department of Conservation and six individual employees of the Maine Forest Service, claiming defamation, interference with contractual business relations, and negligent infliction of emotional distress. Thereafter, the State filed a counterclaim against Davis and third-party claims against Vainio and the two incorporated logging companies. The Superior Court dismissed all of Davis' claims.

Assistant Attorney General Carlos Diaz, who represented the State in this case, expressed his appreciation to the Department of Conservation, the Somerset and Piscataquis County Sheriff's Offices, and Detective Richard Fairfield of the Attorney General's Office, for their combined efforts and cooperation in investigating the complaints of the land owners.

AG ROWE FILES SUIT AGAINST DRUG MANUFACTURERS FOR KEEPING GENERIC HEART DRUG OFF MARKET

June 6, 2001

Maine Attorney General G. Steven Rowe announced today that Maine has taken action against two major pharmaceutical manufacturers for conspiring to deprive consumers of access to a less expensive generic version of an important heart medication.

"With this lawsuit we join other states seeking to remedy the injustice suffered by countless people - most of them elderly - who were forced to pay excessive prices for their medication," said Attorney General Rowe.

The lawsuit alleges that Aventis (as successor in interest for Hoechst) and Andrx (a Florida-based company) reached an illegal agreement whereby Hoechst paid Andrx millions of dollars not to compete with Hoechst' product known as Cardizem CD.

Maine is asking the court to award treble damages to compensate consumers and state agencies for the artificially high prices that resulted from the conspiracy. The lawsuit alleges violations of antitrust and consumer protection laws.

Cardizem CD is a highly effective treatment for high blood pressure, chest pains and heart disease. During 1997 alone, Hoechst earned over $700 million from sales of Cardizem CD, the company's largest revenue producer.

"Prescription drug prices and drug coverage are major concerns for consumers in Maine," said Attorney General Rowe. "When a drug manufacturer illegally prevents the public from accessing low-cost alternatives, health care expenses go up and health care quality goes down, especially among the low-income who would most benefit from the lower priced generic."

He added, "the primary consumers of Cardizem CD are elderly, including those on Medicare and fixed incomes. These vulnerable members of our community should not be asked to choose between affording their heart medication and paying rent or putting food on the table."

Historically, the first generic into the market is sold for approximately seventy percent of the price of the brand name version. As additional generics become available, the price for a generic version often falls to thirty percent of the brand name price. Additionally, after a relatively short period of time, almost ninety percent of the prescriptions for the drug will be filled with generic versions, at great savings to consumers and businesses.

Hoechst and Andrx prevented consumers from switching to a generic alternative by conspiring to prevent Andrx's generic version of Cardizem CD from entering the market. Andrx would have been legally able to begin marketing its product called Cartia XT in July 1997, to compete with Cardizem CD. Instead, Andrx entered a written agreement with Hoechst under which it did not market Cartia XT, and in return Hoechst paid Andrx $10 million every three months. Hoechst eventually paid Andrx just under $100 million for keeping Cartia XT from the public for almost a year. The agreement also prevented other generics from entering the market.

The Hoechst-Andrx deal was cancelled after intense negative criticism of the arrangement, the filing of private lawsuits and the beginning of an investigation by the Federal Trade Commission. To date, consumers have not received any compensation for the artificially high prices they were forced to pay during the time the agreement was in effect.

One court has already ruled that the agreement between Andrx and Hoechst was per se illegal, according to Assistant Attorney General John Brautigam. "Private companies cannot agree to keep a generic version of a drug off the market simply to shore up their profit margins. One federal court took a close look at this and found that this is a classic antitrust conspiracy, keeping the market from properly functioning by preventing introduction of a cheaper, equally effective product."

Brautigam added, "Over the next three to four years the patents will expire on many brand-name drugs, allowing competition for lower-priced generics. Law enforcement authorities across the country will be watching to make sure that drug manufacturers do not conspire to deprive consumers of access to less expensive but equivalent medications."

The group of state Attorneys General filed the case in the Eastern District of Michigan, where private lawsuits against Andrx and Hoechst have been consolidated for pretrial proceedings.

ATTORNEY GENERAL FILES CIVIL RIGHTS CASE IN ANDROSCOGGIN COUNTY

June 15, 2001

JUNE 15, 2001

Carlos Diaz, Assistant Attorney General 207-822-0498

The Maine Attorney General's Office has filed an enforcement action under the Maine Civil Rights Act against Wayne Allen, 35, for threatening to kill a man because Allen believed the man was gay. Allen's last known residence was Lewiston. The matter was investigated by the Lewiston Police Department and the Attorney General's Office.

The Complaint alleges that on November 3, 2000, Wayne Allen, who then lived downstairs from the victim's apartment, yelled derogatory homophobic slurs at the victim and threatened to come upstairs and cut the victim's throat.

The Superior Court in Androscoggin County will hold a hearing on the case, probably within the next few months. The Attorney General expressed his appreciation for the investigation conducted by the Lewiston Police Department.

BANGOR NURSE PLEADS GUILTY TO STEALING DRUGS IN NURSING HOME

June 15, 2002

JUNE 15, 2001

CONTACT: Kerry O'brien, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe announced today that Lorraine Storman, L.P.N., 53, of Bangor, pled guilty in District Court in Bangor to one count of Stealing Drugs, a Class D crime. The offense occurred in February of 2000 while Storman worked at Westgate Manor Nursing Home in Bangor. Storman admitted to stealing several eyedropper-size doses of Oxyfast, the liquid form of oxycodone, and replacing the volume she stole from the bottle with water. Her scheme resulted in patients who were prescribed the medicine for pain receiving diluted doses.

Judge Ann M. Murray of the Maine District Court sentenced Storman to a $250 fine, a six-month term of imprisonment, all suspended, followed by a year of probation. As special conditions of probation, Storman must undergo substance abuse treatment, may not use or possess alcohol or illegal drugs, may not work in any job that permits access to prescription drugs and must disclose to any future health care employers her conviction for stealing drugs and her history of substance abuse. At sentencing, Ms. Storman accepted responsibility for her conduct and told the court that she voluntarily surrendered her nursing license and does not plan to work in health care.

Attorney General Rowe stated: "We will diligently prosecute health care professionals whose conduct jeopardizes the health and well being of the patients they are obligated to care for and protect."

If a bill submitted by the Attorney General and sponsored by Rep. Edward Povich (D-Ellsworth) wins legislative approval, stealing drugs of this type will soon be a Class C crime, carrying a fine of up to $5000 and a prison sentence of up to five years. LD 1728, An Act to Control the Illegal Diversion and Abuse of Prescription Narcotic Drugs, is poised for final enactment by the Maine Senate next week.

Detective Christine Baker of the Medicaid Fraud Control Unit (MFCU) in the Maine Attorney General's Office investigated the case and MFCU Director Kerry O'Brien prosecuted it. The MFCU is a state and federally funded entity with statewide jurisdiction to prosecute fraud by Medicaid providers and patient abuse in Medicaid facilities. Forty-seven states and the District of Columbia have MFCUs.

ATTORNEY GENERAL FILES CIVIL RIGHTS CASE IN CUMBERLAND COUNTY

June 22, 2001

JUNE 22, 2001

CONTACT: Francis Ackerman, Assistant Attorney General 207-626-8800

The Maine Attorney General's Office has filed an enforcement action under the Maine Civil Rights Act against Tia DiBiase, 18, of Scarborough, and Michael Fearon, 21, of Portland, for making anti-Semitic threats against a young woman. The matter was investigated by the Scarborough Police Department and the Attorney General's Office.

The Complaint alleges that on March 17, 2001, Tia DiBiase and Michael Fearon placed a telephone call to the victim's residence, and made obscene threats of violence laced with anti-Semitic slurs.

The Superior Court in Cumberland County will hold a hearing on the case, probably within the next few months. The Attorney General expressed his appreciation for the investigation conducted by the Scarborough Police Department.

MAINE, 25 OTHER STATES REACH UNPRECEDENTED $34 MILLION SETTLEMENT WITH PUBLISHERS CLEARING HOUSE

June 26, 2001

JUNE 26, 2001

CONTACT: Linda Conti, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe announced today that sweepstakes giant Publishers Clearing House (PCH) will pay $34 million - including restitution to thousands of consumers nationwide - and will make significant and permanent reforms in the way it conducts its future contests. Maine's recovery is expected to exceed $200,000.

In addition to the changes in its future business practices, PCH must pay restitution totaling $19 million for customers who were deceived by its past practices. PCH also will pay, for the first time, civil penalties totaling $1 million, as well as $14 million to cover the costs associated with the states' litigation and the costs of administering the restitution payments.

  Multi-state settlement Maine share (approximate)
Consumer restitution $19 million $163,000
Civil penalties $1 million $36,000
Litigation and restitution administration costs $14 million To be determined
TOTAL $34 million More than $200,000
In the coming months, restitution claims officers will contact Maine consumers who lost significant sums as a result of PCH deceptive practices. The Attorney General's Office estimates that Maine consumers may have claims for up to $163,000 from PCH.

The $34 million settlement and permanent injunction resolves several state lawsuits alleging that PCH mailings misled consumers into believing they had won contests or that making purchases would enhance their chances of winning. The states involved in today's settlement had rejected an earlier multi-state settlement reached last summer.

"These sweepstakes solicitations have preyed on the elderly on fixed incomes. We hope others who take economic advantage of vulnerable people will take a strong message: Get out of our state." Rowe said.

Linda Conti, the Assistant Attorney General who handled the case, said, "This was a long, difficult process, but we stuck to our guns for Maine consumers." Conti said the settlement includes several important concessions from PCH, including:

&:149; A prohibition against making any false statement, no matter how small or seemingly insignificant. In addition, the settlement prohibits misleading or deceptive statements or omissions and, for the first time, prohibits PCH from implying, by any means whatsoever, anything that they are prohibited from stating directly.

&:149; A prohibition against discriminating between consumers who order and those who do not. From now on, PCH may only use a single contest entry form to be used by all consumers, regardless of whether they order products from PCH or not. In the past, customers who did not buy magazines or other products were forced to search for a small, plain entry card among the various colorful pieces PCH included with the solicitation. This practice often led consumers to conclude that ordering a product would improve their chance of winning.

&:149; An acknowledgement from PCH of the harm done in the past by its deceptive practices, and an apology for that harm.

&:149; Increased safeguards to protect a small minority of vulnerable PCH customers who may continue to be confused about whether buying products has any impact on their chances of winning.

In Maine, reimbursement of costs flows to the State's General Fund, and civil penalties are used by the Attorney General to support other actions under the Unfair Trade Practices Act.

ATTORNEY GENERAL FILES CIVIL RIGHTS CASE IN OLD ORCHARD BEACH ANTI-GAY THREATS

June 29, 2001

JUNE 29, 2001

CONTACT: Christina Hall, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe today announced that his office has filed a civil enforcement action under the Maine Civil Rights Act against Paul Caron, 50, of Old Orchard Beach, as a result of threats made by Caron against another Old Orchard Beach resident because of his perceived sexual orientation.

The complaint, filed in York County Superior Court, alleges that Caron has engaged in a pattern of harassment based on sexual orientation bias, including repeated vulgar verbal abuse over a number of months and a threat to kill the victim.

The Attorney General's complaint seeks to permanently enjoin Caron from any further acts of violence, property damage, or trespass against the victim and others motivated by bias.

Attorney General Rowe stated: "No person in this state should be subject to threats or violence because of prejudice or bias. Our office will work closely with local law enforcement to aggressively enforce the State's civil rights laws."

Attorney General Rowe commended the Old Orchard Beach Police Department for its investigation of the incident. The department referred the case to Rowe's office for possible action under the Maine Civil Rights Act.

ATTORNEY GENERAL ROWE WILL FIGHT PhRMA OVER HEALTHY MAINE PRESCRIPTION PROGRAM

July 3, 2001

JULY 3, 2001

CONTACT: Charles Dow, Director, Communications And Legislative Affairs 207-626-8577

In response to a suit filed by the trade group representing the nation's pharmaceutical companies in the United States District Court for the District of Columbia, Attorney General Steven Rowe said, "We are not surprised by PhRMA's filing this case. We fully expected this lawsuit."

"We will vigorously fight to preserve the Healthy Maine Prescription Program that is already providing prescription drug discounts for over 50,000 Mainers," Rowe said.

About 225,000 Maine people are eligible for the program, and enrollment began just a few weeks ago.

$250,000 JUDGMENT LEVIED AGAINST LOGGER Maine Forest Service Urges Landowners to Call Before You Cut

July 12, 2001

JULY 12, 2001

CONTACT: Linda Conti, Assistant Attorney General 207-626-8800

Officials with the Department of Conservation's Maine Forest Service and the Attorney General's office announced today that the Kennebec County Superior Court has found that Gerald Nelson, Jr. of Freedom violated the Unfair Trade Practices Act and the Consumer Solicitation Sales Act when he cut wood on the property of 11 woodlot owners and either paid them far below market value, or never paid them at all. Nelson will pay a civil penalty of $110,000, which is based on 11 intentional violations of the Unfair Trade Practices Act at $10,000 per violation. In addition, the Court ordered Nelson to pay $146,360 in restitution to the 11 woodlot owners.

Justice Donald Marden found Nelson deceived woodlot owners on two facts: First, he misrepresented the nature and the extent of the harvest that he conducted. In each case Nelson agreed to "selectively harvest" the woodlot, meaning he would take some but not all of the trees so landowners could perform future harvests. Instead Nelson performed a "high-grade" harvest, taking more, and more valuable wood than originally agreed upon. Second, he deceived landowners regarding the price he would pay for the wood, promising "fair" value but compensating them well below that mark.

Assistant Attorney General Linda Conti, who represented the State at the trial said, "Maine forests are wild in some ways, but they are not the Wild West. People who ignore the law and cheat with impunity will be prosecuted."

Five of the 11 landowners are Maine residents, and the remaining landowners reside in Kentucky, Rhode Island, Massachusetts, and New Hampshire. The harvests took place over a five-year period, from 1996 - 2001. The woodlots were located throughout the state, from Augusta, west to Skowhegan, and east to West Rockport. In only two instances did landowners obtain a written contract, or check references.

"Your woodlot is valuable. Don't treat it any different than you would your savings account," said Maine Forest Service Director Tom Doak. "This case illustrates that there are those who prey on peoples' lack of understanding relative to the value of wood. While the vast majority of loggers are reputable individuals, I urge landowners to call the Maine Forest Service before anyone cuts their wood." Director Doak added the Maine Forest Service could help landowners protect the many values woodlots hold, both esthetically and monetarily.

The judge ordered that prior to any future dealings with landowners, Nelson must disclose in contracts - in 14 point boldface type - that the consumer understands that, "Gerald Nelson Jr. has violated the Maine unfair trade practices act as well as the consumer solicitation sales act because of his woodlot harvesting practices."

Patty Cormier, John Leavitt, Mark Mayhew, Jim Mcmullen, Dick Morse, Sue Myers, and Merle Ring of the Maine Forest Service carried out the investigation that led to the trial and Court Order. Assistant Attorney General Linda Conti litigated the case.

POOL HALL OWNER CONVICTED OF COCAINE TRAFFICKING

July 17, 2001

JULY 17, 2001

CONTACT: Lara M. Nomani, Assistant Attorney General 207-626-8804

Attorney General Steven Rowe announced that Craig Simmons, 34, of Rockland, Maine pled guilty and was sentenced Monday on two charges of Trafficking in Cocaine (class B felonies).

Simmons pled guilty before Justice Francis Marsano in the Waldo County Superior Court. He was sentenced to serve four years in prison, with all but eight months suspended and was ordered to pay a $3,000 fine. Once released, Simmons will be on probation for an additional three years. His conditions of probation will require him to completely abstain from the use or possession of illegal drugs, to agree to random drug searches of his person, residence, and motor vehicle, and to undergo drug counseling to the satisfaction of his probation officer.

The Simmons case was investigated by the Maine Drug Enforcement Agency (MDEA) and was prosecuted by Assistant Attorney General and Maine Drug Task Force Attorney Lara M. Nomani. It follows a series of investigations into suspected drug trafficking at Homeport Billiards, a Rockland pool hall and tavern.

In 1998, an MDEA investigation into suspected cocaine trafficking at Homeport Billiards resulted in the conviction of three individuals for drug offenses. In 2000, the Maine Bureau of Liquor Enforcement and the Attorney General assessed Homeport over $1000 in fines because cocaine had been sold on the premises in violation of Homeport's liquor license. Also in 2000, the Rockland City Council denied Homeport Billiards a liquor license. Simmons had denied any knowledge of cocaine trafficking at his business during the liquor license proceedings. In pleading to the present charges, he admitted to selling cocaine at Homeport Billiards and to possessing cocaine at his residence with the intent to traffick.

ATTORNEY GENERAL SUES CON ARTIST "ENERGY MACHINE" PROMOTERS

July 27, 2001

JULY 27, 2001

CONTACT: Linda Conti, Assistant Attorney General 207-626-8800

The Attorney General's Office announced today that it has sued Dennis Lee doing business as (d/b/a) United Community Services of America and Better World Technologies of New Jersey and Daniel Davis d/b/a Diversified Technology of Winslow, Maine for promoting a fraudulent scheme to consumers. Lee and Davis have been promoting a machine that they claim will generate free electricity for homeowners and provide them with an opportunity to "earn a very handsome income."

The Attorney General's suit seeks an injunction barring Lee and Davis from taking money from consumers as well as civil penalties and the costs of suit.

"While Lee and Davis have been advertising in Maine for some time, the Attorney General's office recently learned that they were going to be conducting a live demonstration on Saturday, July 28, 2001 in Oakland, Maine," said Linda Conti, Assistant Attorney General. "We do not want people who attend the meeting to be deceived by Lee's false claims and pay him any money."

According to the State's expert witness, the machine cannot possibly do what Lee claims it does. Other claims made by Lee and Davis include engines that run on water, soda pop and even pickle juice.

"The Defendants' claims that the device will produce free electricity are pure science fiction," said Attorney General Steven Rowe. "As long as the universe is enforcing the laws of physics, we will enforce the laws of Maine against these con artists."

CERTIFIED NURSING ASSISTANT PLEADS GUILTY TO ASSAULT OF ALZHEIMER'S PATIENT IN NURSING HOME

July 30, 2001

JULY 30, 2001

CONTACT: Kerry O'brien, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe announced that Ned Broussard, 46, of Exeter, New Hampshire, pled guilty last Thursday in York District Court to one count of assault against a resident at Sentry Hill Assisted Living Facility in York, Maine. In August of 1999 while Broussard worked as a C.N.A. at Sentry Hill, two co-workers witnessed him slapping an elderly resident in the head; Sentry Hill immediately terminated Broussard.

Judge Jon D. Levy of the Maine District Court accepted the plea agreement reached by the parties and sentenced Broussard to a sixty-day term of imprisonment, with all but two days suspended, with one year of probation and a $250 fine. The assault is Broussard's first offense. As special conditions of probation, Broussard may not work in any job with direct patient contact and he must disclose to any present or future health care employers his conviction for assault of a patient. Federal law will also bar Broussard from working in the vast majority of health care facilities for five years. At Thursday's hearing, Broussard indicated that he would not work in heath care again.

Attorney General Rowe said, "It is unacceptable for any nursing home resident to suffer at the hands of a caretaker. This office will continue to actively prosecute individuals who abuse the most vulnerable Mainers."

Detective Scott Michaud of the Medicaid Fraud Control Unit (MFCU) in the Maine Attorney General's Office investigated the case and MFCU Director Kerry O'Brien prosecuted it. The MFCU is a state and federally funded entity with statewide jurisdiction to prosecute fraud by Medicaid providers and patient abuse in Medicaid facilities. Forty-eight states and the District of Columbia have MFCUs.

ATTORNEY GENERAL FILES CIVIL RIGHTS ENFORCEMENT ACTION FOLLOWING ASSAULT ON PENOBSCOT TRIBAL POLICE

May 1, 2002

MAY 1, 2002

CONTACT: JERRY REID, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe today announced that his office had filed a civil enforcement action under the Maine Civil Rights Act against brothers Richard Steven Hamilton, 41, and Harry J. Hamilton, 32, of Indian Island. The Attorney General’s complaint, filed in Penobscot County Superior Court, arises out of an incident that took place on Indian Island in the early morning hours of November 3, 2001. The complaint alleges that Richard Hamilton assaulted a Penobscot Indian Nation police officer while the officer was placing him under arrest for disorderly conduct. During the assault Richard Hamilton struck the officer in the face, breaking his tooth. Richard Hamilton also made repeated, racially derogatory remarks toward the officer, who is Caucasian.

The complaint alleges that Harry Hamilton attempted to assault and threatened to kill the officer during the arrest of his brother. Harry Hamilton is accused of approaching the officer brandishing a piece of split wood and yelling “I’m going to kill you” and stating that no one would care because it would be “just another white guy dead.”

The Attorney General’s complaint seeks a restraining order against both Hamiltons. The complaint was referred to the Attorney General’s Office by the Penobscot Indian Nation Police Department.

Attorney General Rowe stated:

“Maine’s Civil Rights Act protects all people from racially motivated assaults and threats of violence, regardless of the color of their skin. The law is color-blind and the Attorney General’s Office will enforce it in an even-handed way whenever someone is victimized because of someone’s bias against their race.”

Attorney General Rowe expressed his appreciation for the investigation conducted by the Penobscot Indian Nation Police Department in this matter.

AG POSES MOTHER'S DAY QUESTION? WHO ELSE IS CALLING YOUR MOTHER?

May 8, 2002

MAY 8, 2002

CONTACT: Charles Dow, Director, Communications And Legislative Affairs
207-626-8577

Attorney General Steven Rowe today urged Mainers to give their mothers a great gift for the price of a postage stamp: get their names placed on the telemarketing Do Not Call list.

Attorney General Rowe said, "We know that senior citizens are sometimes targeted by telemarketers, and that the calls can be very bothersome and confusing. We should all save our moms the hassles and write to the Direct Marketing Association to get their names and numbers on the Do Not Call list."

Maine law requires telemarketers selling consumer merchandise to update their Do Not Call lists against the master Do Not Call list maintained by the Direct Marketing Association every six months. After that, the telemarketer may not call a person on the list unless there is already an established business relationship between them.

Letters to the Direct Marketing Association should include the names and phone numbers to be placed on the Do Not Call list and should be addressed to:

Direct Marketing Association
Telephone Preference Center
PO Box 9014
Farmingdale, NY 11735-9014

Rowe also urged Mainers to place their own names and numbers on the Do Not Call list, saying, "Peace and quiet and freedom from annoying calls are great gifts to give ourselves any time."

Attorney General Steven Rowe noted that sellers of fraudulent investments frequently target the elderly. "If the promised rate of return on an investment seems too good to be true, it probably is not true," said Rowe.

According to Christine A. Bruenn, Securities Administrator for the State, securities must be registered with the State, and sellers of securities must be licensed. Bruenn recommends that Maine residents check out potential investments with her office by calling, toll-free, 1-877-624-8551. Residents also should use the toll-free number for questions or complaints about anyone selling investments.

SACO PIZZERIA SETTLES CHILD LABOR CASE WITH STATE

May 13, 2002

MAY 13, 2002

CONTACT: Pamela. W. Waite, Assistant Attorney General
207-626-8800
Michael V. Frett, Director, Maine Dept. Of Labor Bureau Of Labor Standards
207-624-6400

The Attorney General's office and the Maine Department of Labor today announced the settlement of a child labor case with Rosa Linda's Pizzeria and Café of Saco. The agreement requires Rosa Linda's to pay $34,250 to the State in a settlement for violations involving 15, 16, and 17-year-olds who worked at Rosa Linda's in Saco, Maine. These violations occurred between October of 1997 and January of 2000 and include statutory work permit restrictions, daily hour restrictions, morning/evening hour restrictions, and weekly hour restrictions.

In announcing the settlement, Assistant Attorney Pamela Waite stated, "Rosa Linda's was cooperative with the Bureau and the Attorney General's office during the investigation. Rosa Linda's has taken responsibility for the violations, which it claims were inadvertent, and has taken remedial action through the operation and management of its stores so that future violations will not occur."

"The Maine Department of Labor takes seriously its responsibility to enforce child labor laws," stated Michael V. Frett, Director of the Bureau of Labor Standards for the Maine Department of Labor. "I encourage employers who have questions on this subject to contact us for information or training."

Attorney General Steven Rowe stated, "Our young people are our State's most precious resource. This office will continue to work to improve conditions for children in the workplace and elsewhere."

HEROIN TRAFFICKER GETS STIFF SENTENCE

May 8, 2002

MAY 8, 2002

CONTACT: STEPHANIE ANDERSON, District Attorney 207-871-8384 Lea-Anne Jameson, Assistant Attorney General 207-871-8384

Cumberland County District Attorney Stephanie Anderson and Attorney General Steven Rowe announced that Lucas Gragg, 21, of Lewiston was sentenced to seven years in prison with all but three years suspended followed by three years probation for trafficking in heroin. Superior Court Justice Roland Cole handed down the sentence yesterday. Anderson stated that the stiff sentence was uncommon for a trafficker with no prior convictions, but was wholly warranted by the heinousness of the crime and Gragg's unrepentant attitude. Assistant Attorney General Lea-Anne Jameson, who is assigned to the District Attorney's Office, handled the case for the State.

On April 29, 2001, Maine State Police and the Maine Drug Enforcement Agency arrested Gragg on the Maine Turnpike in Scarborough en route to Lewiston on his return from Lowell, Massachusetts, with 1000 bags of heroin valued at well over $20,000.

Virtually all heroin involved in Lewiston-Auburn area crimes since September of 2000 can be attributed to Gragg and his co-defendant John Nauyokas, also 21 and of Lewiston. Prior to that date heroin was not prevalent in that area. According to court documents Lucas Gragg built his heroin trade by finding "fresh new kids" giving them free "dope" to get them "hooked" to turn them into "customers for life." He also targeted young people attending all night dance parties known as "raves." He gave away the first two bags as samples to children and young adults between the ages of 16-20, knowing they would come back for more. The price per bag thereafter was $20 to $30.

"Mr. Gragg epitomizes the worst type of drug trafficker - targeting children and maliciously turning them, their families and their communities down a path of addiction and destruction for personal profit," stated Anderson. "The numbers of lives he has destroyed is enormous. But even to this day, Gragg is adamantly unrepentant. This attitude, coupled with his opportunistic preying on people, warranted this stiff sentence. Justice Cole absolutely did the right thing. We need to continue to raise the sentencing bar for this type of case in Maine. If we don't, we can kiss our children and their futures goodbye."

Assistant Attorney General Lea-Anne Jameson said, "This case holds another lesson about raves for parents and young people: rave attendees are the targets of aggressive, predatory drug dealers."

STATE SETTLES SEVERANCE PAY CASE FOR LAID-OFF VISHAY-SPRAGUE WORKERS

June 6, 2002

JUNE 6, 2002

CONTACT: Gwendolyn D. Thomas, Assistant Attorney General
207-626-8800
Michael Frett, Director, Bureau Of Labor Standards Maine Department Of Labor
207-624-6406

The State today announced the settlement of a lawsuit against Vishay-Sprague over severance pay. The settlement results from ongoing cooperative discussions between the State and Vishay-Sprague. Under the settlement, Vishay-Sprague has agreed to pay more than $2.8 million in addition to the $1.7 million the company has already paid or will be paying to workers under the company's own severance pay policy. Maine law requires long-established, large employers to pay severance to laid-off workers employed three or more years based on a "one week's pay per year employed" formula after the employer substantially ceases operation of a facility. Payments to eligible workers will be made in lump sums within a few weeks of the Superior Court's final approval of the settlement.

Assistant Attorneys General Gwendolyn Thomas, William Laubenstein, and Elizabeth Wyman and Bureau of Labor Standards Director Michael Frett, Wage and Hour Division Director Anne Harriman, and Chief Labor and Safety Inspector Royal Bouchard worked on the case for the State.

Thomas said, "Maine's severance pay law recognizes the impact large-scale layoffs have on employees and local economies. We believe that this $2.8 million will go a long way toward easing the burden on both."

"We recognize the burden this lengthy process has placed on the laid-off Vishay-Sprague workers," Frett said, "This settlement is a conclusive showing that all matters coming under the Maine Severance Pay law will be fairly and vigorously pursued."

CREDIT NOW AGREES TO FORGIVE CAR LOANS

June 10, 2002

JUNE 10, 2002

CONTACT: James A. McKenna, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe announced today that his office has settled a lawsuit against Credit Now Auto Company and Atlantic Acceptance Corporation (the Defendants), concerning the State's allegations that they improperly disposed of some of the vehicles they had repossessed when consumers defaulted on their loans. As a result of this settlement, as many as 600 Credit Now consumers will have their outstanding loans forgiven and could also receive back any money the Defendants collected after their vehicles had been repossessed.

The State's suit alleged that since 1993 the Defendants have been repossessing vehicles and then selling a significant number of them to their own agent at a dealers-only wholesale auction. After the auction, the consumer still owed the difference between the outstanding loan amount and the wholesale auction price. The Defendants then re-sold these cars at a higher price off a Credit Now retail lot, beginning the process again.

"As a result of this practice," said Attorney General Rowe, "Credit Now and Atlantic Acceptance often had the best of both worlds: they obtained a large loan deficiency against the consumer when they sold the car at the wholesale auction. Then they also realized for themselves the profits from the higher priced sale of the vehicle off their retail lots." The Attorney General said that it was the State's position that the defaulting consumers should have benefited from the higher priced retail sales of their repossessed vehicles and therefore would have owed the Defendants significantly less than the Defendants charged them after they repossessed their vehicles.

In settling the suit the Defendants also agreed to pay the State a civil penalty of $40,000 and $11,000 in attorney's fees. The Defendants did not admit to any wrongdoing.

The settlement provides that:

  1. Any Credit Now consumers who defaulted on the loan with the Defendants and whose car was then purchased by their agent at the dealers-only auction would have any outstanding loan deficiency forgiven.

  2. Any consumers who signed a release would receive back any money collected from the consumer after their cars had been repossessed.

The Attorney General will contact by mail eligible consumers and describe to them the money-back remedy provided by this settlement. The Defendants have 60 days to provide the Attorney General with the names and addresses of all eligible Credit Now customers.

Assistant Attorney General James McKenna, who handled the case for the State, estimates that more than 600 consumers may be eligible for relief. Attorney General Rowe specifically commended the Bureau of Motor Vehicles for its thorough investigation of this case.

INSURANCE SALESMAN GETS TWO YEARS IN PRISON FOR BILKING ELDERLY CLIENTS OUT OF OVER $1 MILLION

June 24, 2002

JUNE 24, 2002

CONTACT: Christine Bruenn, State Securities Administrator 207-624-8551

Carlos Diaz, Assistant Attorney General 207-822-0260 Maine Superior Court Justice Ellen Gorman today sentenced Richard H. Walls, 58, formerly of Waterville, Maine and now of Lubbock, Texas, to seven years in prison with all but two years suspended on felony securities convictions. Walls will be on probation for eight years after his release and will pay $1,012,241 in restitution to his victims.

A Franklin County jury found Walls guilty on June 12, 2002, after a week-long trial. Walls was convicted of using fraud and deception in the sale of securities, selling unregistered securities, selling securities without a license, and violating an order of the Maine Securities Administrator that he not associate with any issuers of securities. Each conviction carried a maximum five-year sentence.

The evidence presented in court by Assistant Attorney General Carlos Diaz showed that Walls sold investments in four Florida start-up companies to more than two-dozen Maine residents, most of whom were elderly. The investors testified that Walls, their long-time trusted insurance salesman, failed to disclose the risky nature of the investments. Walls also failed to disclose that the securities were not registered with the Maine Office of Securities and that he was not licensed to sell them in Maine.

Before imposing sentence, Justice Gorman stated, "If anyone knew or should have known that these were not the investments to offer to long-time elderly clients, it was Mr. Walls."

Many of the victims invested their life savings. Although the victims initially received dividends on the investments, the payments soon stopped. None of the victims has been able to recover their investment. The victims' losses exceed $1 million.

Walls was prosecuted under the Maine securities laws. "The securities laws are designed to protect individuals, like the victims here, who do not have the resources to guard against fraudulent and speculative investments," Diaz said.

Attorney General Steven Rowe noted that sellers of fraudulent investments frequently target the elderly. "If the promised rate of return on an investment seems too good to be true, it probably is not true," said Rowe.

According to Christine A. Bruenn, Securities Administrator for the State, securities must be registered with the State, and sellers of securities must be licensed. Bruenn recommends that Maine residents check out potential investments with her office by calling, toll-free, 1-877-624-8551. Residents also should use the toll-free number for questions or complaints about anyone selling investments.

PORTLAND MAN MISUSED THOUSANDS IN MOTHER'S MONEY

October 2, 2001

On Thursday, September 27, 2001, Gregory L. Arsenault, 39, of Portland, pleaded guilty on September 27 to one count of Misuse of Entrusted Property (Class D) in Cumberland County District Court. Arsenault had power of attorney for his elderly mother, who suffers from dementia and resides in a Portland nursing home. Arsenault engaged in internet sports gambling, betting with his own credit card. He then used his mother's money to pay his credit card bill. He also used his mother's money on trips to a casino in Connecticut and to take a cruise on the Scotia Prince with his girlfriend. The most egregious aspect of the case-the loss of over $80,000 in risky day trading of stock--was not prosecutable because he was technically authorized to make legal investments.

Arsenault was sentenced to 180 days in jail, all but 10 days suspended, with one year probation. He must pay $4,177.26 in restitution. He will not be allowed to benefit from the sale of his mother's remaining asset: her home.

The case was prosecuted by Cumberland County Assistant District Attorney Deborah Chmielewski and investigated by Detective Mark Walsh, the elder financial exploitation investigator in the Attorney General's Office. DHS Adult Protective Caseworkers Julie Martin and Andrea Lee helped prepare the case for filing.

Detective Walsh said that the case is not uncommon.

ATTORNEY GENERAL SETTLES MAJOR DRUG PRICE MANIPULATION CASE

October 3, 2001

OCTOBER 3, 2001

CONTACT: Marci A. Alexander, Assistant Attorney General, Director, Medicaid Fraud Control Unit 207-626-8800

Attorney General Steven Rowe announced today that the Medicaid Fraud Control Unit within his office has joined other states, the District of Columbia, and the federal government in settling allegations against TAP Pharmaceutical Products, Inc. (TAP) that TAP illegally marketed and manipulated the price of its prostate cancer drug Lupron. Maine Medicaid's share of the settlement is over $450,000. The State will retain around $170,000.

This state settlement was reached in conjunction with a federal settlement negotiated by the United States Attorney's Office in Boston, Massachusetts. Under the federal agreement, TAP will plead guilty to charges of conspiracy to violate the Prescription Drug Marketing Act, and enter a civil settlement to pay damages to Medicare and other federally funded health care programs. As part of the federal settlement, TAP will pay the federal government $524.3 million as well as a substantial criminal fine.

These settlements are the culmination of a lengthy investigation into TAP's marketing practices. The marketing practice centered around TAP's provision of free dosages of Lupron to physicians and other providers, knowing that these providers would bill these free dosages to health care insurers, including Medicaid and Medicare. When TAP failed to include the free Lupron in the calculation of its "best price" as required under the federal Medicaid drug rebate program, the State of Maine alleges, the state Medicaid programs received lower rebate amounts than were due.

A second marketing practice addressed by this settlement involved TAP's inflation of Average Wholesale Price (AWP). Medicare and most state Medicaid programs base pharmaceutical reimbursements on AWP. By inflating AWP, the State of Maine alleges, TAP created an economic incentive for physicians to prescribe its product, because the physician kept the "spread" between the true purchase price and the reported AWP. This resulted in damage to the various Medicaid programs by causing inflated reimbursement to physicians and others who used TAP's products.

As part of the agreement in principle with the states, TAP will be required to report accurate pricing information to the state Medicaid programs as well as the commercial price reporting services that provide pricing information to the states. Additionally, TAP will cooperate with the states in investigating other health care providers, including physicians, who have damaged the Medicaid programs by taking advantage of TAP's marketing schemes.

Finally, as part of the settlement, TAP has entered into a Corporate Integrity Agreement (CIA) with the United States Department of Health and Human Service's Inspector General. The CIA will require strict scrutiny of TAP's marketing and sales practices for the next seven years.

Assistant Attorney General Marci A. Alexander, Director of Maine's Medicaid Fraud Control Unit, said the case represents some of the worst waste and fraud in the health care system. "Some doctors and pharmaceutical companies dance the Lambada while the people of Maine feed millions into the jukebox. It's disgusting."

NEW MAINE LAW REQUIRES WRITTEN DISCLOSURES FOR NEGATIVE OPTION SALES MADE OVER TELEPHONE

October 3, 2001

OCTOBER 3, 2001

CONTACT: Charles Dow, Director, Communications And Legislative Affairs 207-626-8577

"If you like the product, simply keep it, and we will bill your credit card," says the telemarketer. "Not so fast," says the Maine Legislature.

The Maine Legislature last spring passed a new consumer protection law to regulate "negative option sales," so-called because the sale is completed when the consumer fails to act to prevent it. Telemarketers may no longer charge a consumer for a good or service after a trial period unless they send the consumer, at least 15 days prior to any charge, a clearly written description of the good or service being purchased, the amount to be charged, and the calendar date the consumer will be charged for the good or service if the consumer does not cancel the sale. This notice also must provide the specific steps by which the consumer can cancel the agreement by both mail and telephone. Failure to provide the required notices constitutes a violation of the Unfair Trade Practices Act, which can be enforced by the Attorney General or by private parties.

The new law does not apply to sales under $25 or to sales of credit, insurance, or securities.

The Attorney General's Office drafted and proposed the bill in response to many complaints from consumers who claimed they never agreed to be billed for goods or services sold over the telephone.

Attorney General Steven Rowe warned that the increased convenience of credit cards and telephone sales must be balanced by increased consumer vigilance. "We all must read our credit card statements and scan our mail carefully. My office will enforce the law, but people need to report violations to us." The phone number at the AG's Office is 626-8800.

Assistant Attorney General James McKenna of the AG's Public Protection Division said, "Consumer protection laws are great, but having them is not like having barking guard dogs in your financial dooryard. It is more like having a cop down the street. It does not relieve us of our personal responsibility to watch our wallets."

U.S. SUPREME COURT NEITHER ACCEPTS NOR REJECTS RX CASE

October 9, 2001

OCTOBER 9, 2001

CONTACT: Andrew Hagler Or John Brautigam, Assistant Attorneys General
207-626-8800

The United States Supreme Court today put off a decision on whether or not to hear the case involving the Maine Rx Program. Instead, the Court invited the Solicitor General of the United States to weigh in on the deliberations on behalf of the federal government.

Attorney General Rowe said, "While we had hoped that the legal barriers to implementing the program would be lifted today, we respect the Court's careful deliberation."

Assistant Attorney General Andrew Hagler, who is the State's counsel of record in the case, said, "The Court has simply turned to the Solicitor General and asked, 'What do you think?' It bodes neither well nor ill for our side. Now we wait and see."

AG SEEKS TO CLARIFY AND CONSISTENTLY ENFORCE LAW ENFORCEMENT ACT

October 10, 2001

OCTOBER 10, 2001

CONTACT: Charles Dow, Director, Communications And Legislative Affairs 207-626-8577

Attorney General Steven Rowe has communicated in recent weeks with scores of law enforcement officials in Maine about application and enforcement of the Maine Law Enforcement Officers Solicitation Act ("the Act"). The Act prohibits solicitations from the general public for the tangible benefit of a law enforcement officer, agency, or association.

In the attached letter to members of the Maine law enforcement community, Attorney General Rowe said that there appears to be confusion regarding the types of fundraising activities that are allowed under the Act. He provided a simple framework for application of the Act, and several examples of legal and illegal conduct.

Attorney General Rowe wrote: "We are all sworn to uphold the law, and the Maine Solicitation by Law Enforcement Officers Act places on us the shared responsibility for preserving the integrity of law enforcement. To that end, I am instructing my staff to work with you to apply and enforce the Solicitation by Law Enforcement Officers Act consistently, on a prospective basis, in accordance with the principles set forth in this letter."

At a recent meeting of the Maine Chiefs of Police Association, Rowe pointed to the legislative history of the Act dating back to 1977, as well as State and federal court decisions from the 1980's and 90's. "It is clear that the purpose of the Act is to protect the integrity of law enforcement from the appearance of coercion inherent in every solicitation on behalf of law enforcement," said Rowe. The Legislature initially passed the Act in 1977 in response to high-pressure fundraising on behalf of some law enforcement associations.

Rowe acknowledged that some illegal solicitations, especially those by private citizens, have been carried out with admirable community service at heart. However, court decisions concerning the Act have made it clear that officials may run afoul of the Constitution by picking and choosing causes. He said that the Attorney General's Office would apply the Act evenly to everyone. He also said that he would not file enforcement actions based on innocent violations of the Act that predated his September 28 letter. He asked law enforcement officials for their assistance in educating the public about the law.

For more information on the legal or legislative history of the Law Enforcement Officers Solicitation Act, contact Chuck Dow in the Attorney General's Office at 626-8577.

ATTORNEY GENERAL FILES CIVIL RIGHTS CASE IN BANGOR BASED ON ANTI-PAKISTANI THREATS

October 12, 2001

OCTOBER 12, 2001

CONTACT: Thomas Harnett, Assistant Attorney General For Civil Rights Education And Enforcement 207-626-8800

Attorney General Steven Rowe today announced that his office has filed a civil enforcement action under the Maine Civil Rights Act against Jeffrey Saulnier, 44, of Bangor, as a result of threats made by Saulnier against the owner of the Bahaar Pakistani Restaurant located on Hammond Street in Bangor. The State alleges that Mr. Saulnier's threats were motivated by a bias against the victim because of the victim's Pakistani ancestry.

The complaint, filed in Penobscot County Superior Court, alleges that Saulnier directed a profanity-laced tirade at the victim during which he repeatedly told the victim to "go back to where he came from" and threatened to kill the victim and others in his restaurant.

The Attorney General's complaint seeks to permanently enjoin Saulnier from any further acts of violence, property damage, or trespass against the victim and others motivated by bias.

Attorney General Rowe stated: "Threats of physical violence directed at a person because he is from Pakistan or directed at persons from certain ethnic or religious groups are illegal and will not be tolerated. The defendant's threats, which occurred shortly after the tragic events of September 11th, have no place in a civil society."

Attorney General Rowe commended the Bangor Police Department for its investigation of the incident. The department referred the case to Rowe's office for possible action under the Maine Civil Rights Act.

ATTORNEY GENERAL BRINGS CIVIL RIGHTS SUIT FOR ASSAULT ON AFGHAN-AMERICAN

October 22, 2001

OCTOBER 22, 2001

CONTACT:Carlos Diaz, Assistant Attorney General 207-822-0498

Attorney General Steven Rowe announced today that his office has filed a lawsuit under the Maine Civil Rights Act against a Portland man for assaulting a City of Portland parking official because he was from Afghanistan. The Complaint alleges that on September 21, 2001, after receiving a ticket on Congress Street for illegally parking his automobile, 47 year old Leslie Holmes accosted the parking official by repeatedly yelling obscenities at him, calling him an Afghan, and yelling that he should "go home" to Afghanistan. The Complaint further alleges that Holmes forcibly struck the parking official in the chest and pushed him backwards, and that he tried to spit on the parking official.

The Maine Civil Rights Act prohibits any person from assaulting or threatening another person because of that person's national origin or ancestry (or because of race, color, religion, sex, physical or mental disability or sexual orientation). The lawsuit seeks a court order that would make it a crime for Holmes to violate the Maine Civil Rights Act again in the future. Holmes also faces civil penalties of up to $5,000.

Attorney General Rowe said, "Many people of Afghan descent came to the United States because they faced persecution and violence at home. They came here, as many of our families did, because this nation stands for freedom and justice. We must do everything we can to ensure that this remains the case."

The Attorney General expressed his appreciation for the prompt investigation of this matter by the Portland Police Department.

FOOD SERVICES COMPANY PAYS OVER $61,000 TO SETTLE 203 CHILD LABOR VIOLATIONS

May 22, 2002

MAY 13, 2002

Pamela. W. Waite, Assistant Attorney General
207-626-8800
Michael V. Frett, Director, Maine Dept. Of Labor Bureau Of Labor Standards
207-624-6400

The Attorney General's office and the Maine Department of Labor today announced the settlement of a child labor case with Rosa Linda's Pizzeria and Café of Saco. The agreement requires Rosa Linda's to pay $34,250 to the State in a settlement for violations involving 15, 16, and 17-year-olds who worked at Rosa Linda's in Saco, Maine. These violations occurred between October of 1997 and January of 2000 and include statutory work permit restrictions, daily hour restrictions, morning/evening hour restrictions, and weekly hour restrictions.

In announcing the settlement, Assistant Attorney Pamela Waite stated, "Rosa Linda's was cooperative with the Bureau and the Attorney General's office during the investigation. Rosa Linda's has taken responsibility for the violations, which it claims were inadvertent, and has taken remedial action through the operation and management of its stores so that future violations will not occur."

"The Maine Department of Labor takes seriously its responsibility to enforce child labor laws," stated Michael V. Frett, Director of the Bureau of Labor Standards for the Maine Department of Labor. "I encourage employers who have questions on this subject to contact us for information or training."

Attorney General Steven Rowe stated, "Our young people are our State's most precious resource. This office will continue to work to improve conditions for children in the workplace and elsewhere."

August 1, 2002

AUGUST 30, 2002

CONTACT: LARA NOMANI, Assistant Attorney General
207-626-8800

Attorney General Steven Rowe reported today that Craig Hunt, age 43, of Pittsfield was convicted and sentenced yesterday for Trafficking in Cocaine (Class B). An April 19, 2001, police search of Hunt's Pittsfield home yielded over an ounce of cocaine, scales for weighing the drug, and $653 dollars in drug proceeds.

In Somerset County Superior Court, Justice Joseph Jabar sentenced Hunt to serve six years in prison, with all but thirty months suspended. Upon release, Hunt will be on probation for an additional four years. His conditions of probation require him to completely abstain from the use or possession of alcohol, illegal drugs, to agree to random drug searches, and to undergo drug counseling. The drug money was forfeited to the State.

The case was prosecuted by Assistant Attorney General Lara M. Nomani, and was investigated by the Somerset County Sheriff's Office. Nomani stated: "Sadly, cocaine trafficking and abuse is still with us, even in rural Maine. Cocaine is a killer, on par with heroin and prescription pills. Cocaine traffickers can expect to be caught, and when convicted, to be locked up."

WITH BUYING CLUBS OVER TELEMARKETING AND CREDIT CARD FRAUD

October 24, 2001

OCTOBER 24, 2001

Carlos Diaz, Assistant Attorney General 207-822-0498

Attorney General Steven Rowe announced today that his office has agreed to join a multi-state settlement with Triad Discount Buying Service, Inc., a Florida-based buying club, along with its owner, Ira Smolev, and several related companies, over claims that Triad used telemarketing and credit card fraud to deceive consumers into purchasing club memberships.

Approximately 40 states joined the settlement, which is similar to a separate agreement between Triad and the Federal Trade Commission. The settlement involves payment of $8.3 million in restitution to approximately 276,000 consumers nationwide, and payment of $750,000 to the participating states for investigative costs. Approximately 1,100 of those consumers are from Maine. Maine will receive $2,500 in investigative costs.

The states' lawsuits charged the Triad companies with deceptively signing up buying club members through third-party telemarketers. A number of Maine telemarketing firms are known to have sold Triad memberships. Consumers who called to order a product advertised on television or radio were told that they could also receive a free 30-day membership in a buying club and enjoy big savings on other items. The consumer's credit card number, having already been "captured" from the purchase of the original product, was then charged for buying club membership fees, without the consumer's knowledge or authorization. The fee ranged from $49.00 to $96.00 per year, and renewal fees were charged annually. An inconspicuous notification of the charge was mailed to the consumer in a packet of promotional materials, indicating that the consumer would be charged unless the consumer cancelled the membership within thirty days.

The settlement also involves injunctive relief, requiring Smolev and the Triad companies, which are currently in bankruptcy court, to drastically revise their marketing practices to avoid future deceptions. The injunction prohibits the Triad companies from misrepresenting "free" offers of goods or services and failing to disclose any obligations of consumers in accepting trial offers. The companies are also prohibited from signing up new members or renewing existing memberships without express, verifiable authorization from the consumer, and from obtaining or disseminating the consumer's personal billing information, including credit and unique identifying information, without authorization.

"By joining this settlement we have gained the ability to enforce the injunction in Maine courts, rather than relying on other states or the FTC to protect Maine consumers," Attorney General Rowe said. The Attorney General expressed his appreciation to the states of Florida and Missouri, which acted as the lead states in the multi-state investigation and settlement.

Partially in response to the telemarketing done by Triad, the Maine Legislature last spring passed a new consumer protection law to regulate "negative option sales," so-called because the sale is completed when the consumer fails to act to prevent it. Telemarketers may no longer charge a consumer for a good or service after a trial period unless they send the consumer, at least 15 days prior to any charge, a clearly written description of the good or service being purchased, the amount to be charged, and the calendar date the consumer will be charged for the good or service if the consumer does not cancel the sale. This notice also must provide the specific steps by which the consumer can cancel the agreement by both mail and telephone. Failure to provide the required notices constitutes a violation of the Unfair Trade Practices Act, which can be enforced by the Attorney General or by private parties.

The new law does not apply to sales under $25 or to sales of credit, insurance, or securities.

AG CHARGES AUGUSTA WOMAN OVER CONCEALMENT & DISPOSAL OF REMAINS OF FETUS OVER 20 WEEKS OF GESTATION

October 26, 2001

OCTOBER 26, 2001

CONTACT: Bill Stokes, Assistant Attorney General - Criminal Division Chief 207-626-8800

The Attorney General's Office has filed a complaint in Maine District Court in Augusta alleging that Ann Sanborn of Augusta violated the health statutes by failing to notify authorities of the death of a fetus over 20 weeks of gestation. The offense is a Class E crime punishable by no more than 6 months in jail and a maximum $1,000 fine.

The charge follows the August 23 discovery of the fetal remains in a garbage bag hidden in the upstairs crawlspace of a Windsor home where Sanborn had stayed. The remains had decomposed considerably, and scientific tests were unable to determine whether the fetus had been born alive. Tests were, however, able to determine conclusively that the fetus was over 20 weeks of gestation, after which age a person has a duty to report the fetal death to authorities within fourteen days of the delivery.

Assistant Attorney General Bill Stokes, Chief of the Criminal Division of the AG's Office, said, "A still birth at this stage of pregnancy is tragic and sad, and it carries duties that were not observed here."

CONSUMER ALERT: AG WARNS AGAINST CONTRIBUTING TO MAINE VOLUNTEER FIREFIGHTERS FUND, INC.

November 6, 2001

NOVEMBER 6, 2001

CONTACT: James Mckenna, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe today asked Mainers to beware of telemarketers who say they are raising money for the Maine Volunteer Firefighters Fund ("the Fund"). Officials from the two statewide firefighters organizations say the Fund has no connection to Maine firefighters. The Fund is based in Florida.

Attorney General Rowe has received reports that the callers even claim that they got the consumers' names from the AG's Office or that the AG's Office was otherwise involved in the organization. "That is blatantly false," said Rowe.

Rowe said, "The tragic events of September 11 have made us all appreciate our firefighters more than ever. The way to express that appreciation is by thanking your local fire department in a way you deem appropriate, not by giving your credit card number to an out-of-state telemarketer."

"In general, people should recognize that fundraising is a profitable business. The telemarketer may keep seventy or eighty cents of every dollar you think you are contributing to a cause. It is almost always best to contribute directly to causes you support rather than through third parties," said Rowe.

Anyone who suspects a deceptive solicitation should get as much information as possible from the caller and notify the AG's Office at 626-8800.

ATTORNEY GENERAL PUSHES ENVIRONMENTAL LAW ENFORCEMENT IN FEDERAL COURTS

November 7, 2001

NOVEMBER 2001

CONTACT: Jon H. Edwards, Assistant Attorney General Natural Resources Division 207-626-8800

Attorney General Steven Rowe announced today that his office is pushing to protect the environment in two cases of national significance-advocating in one case for the rights of states to press environmental enforcement independent of the federal government, and opposing any rollback of federal environmental standards in the other case.

In a brief authored by Maine Assistant Attorney General Jon Edwards and submitted by Attorney General Rowe and the Attorneys General of states from coast to coast, the states argue that the Court should respect the long tradition of state and federal government independence in enforcing their respective environmental laws. These laws allow independent enforcement actions by state and federal governments if, for example, state interests have not been adequately addressed by the federal EPA, or conversely states are not adequately enforcing environmental laws against polluters, as has long been Maine's contention with respect to air pollution emanating from industries in the Midwestern states. Prior court rulings on this issue have split, which makes this particular federal appeals court case of great significance.

"We are urging the appeals court to uphold the long-standing independence of state and federal governments in enforcing their respective environmental laws," said Attorney General Rowe. "By doing so, we hope the Court will act to protect the environment rather than the violators of the nation's environmental laws."

Assistant Attorney General Jon Edwards, a member of the Natural Resources Division, said that the federal hazardous waste statute involved in this suit specifically allows dual federal and state enforcement under their respective laws. If the federal government's enforcement action is barred in this lawsuit, the result would be to allow failure by other states to maintain and adhere to national standards that are important to Maine. "Uneven enforcement of environmental laws particularly hurts states like Maine, which suffer adverse effects of pollution generated in upwind or upstream states. In addition, law-abiding industries in one state could face unfair competitive disadvantage from law-breaking competitors in other states," said Edwards.

If the federal appeals court sides with the attorneys general, upholding EPA's and the states' right to pursue separate enforcement actions, there would be a conflict between two of the federal circuit courts. Such a "circuit split" could only be resolved if the Untied States Supreme Court ruled on the issue.

Attorney General Rowe also recently filed suit against the United States Department of Energy and Spencer Abraham, the Secretary of the Department of Energy, challenging an effort by the federal government to rollback energy efficiency standards for certain heating and cooling appliances. In this case, pending in federal district court in New York, a number of plaintiff states are seeking an injunction barring the Department of Energy from abandoning efficiency standards finalized under the Clinton administration. The higher efficiency standards for heating and cooling appliances were designed to reduce demand for electricity nationally, which in turn would reduce air pollution caused by the generation of electricity and alleviate regional power shortages. Since Maine's air quality is adversely affected by pollution from large, coal-fired electrical utilities in the Midwest and South, the new standards would have assisted Maine's efforts to clean the air. The measure also would have lowered electricity bills for consumers as they replaced older, less efficient appliances.

Maine will argue in the case that "anti-backsliding" provisions in federal law prevent the Department of Energy from abandoning the higher efficiency standards in favor of lower standards sought by lobbyists representing appliance manufacturers. The other Plaintiff States are New York, New Jersey, Connecticut, Vermont, California and Nevada.

AG SETTLES MAINE'S CASE AGAINST BRIDGESTONE/FIRESTONE FOR $525,000

November 8, 2001

NOVEMBER 2001
Carlos Diaz, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe announced today that Maine has joined other states in settling claims for unfair trade practices against Bridgestone/Firestone, Inc., over defective tires sold by that company to Maine consumers. In addition to $525,000 in cash that will be divided between the State's General Fund and the fund the Attorney General's Office uses to enforce the Unfair Trade Practices Act for Maine consumers, the settlement also binds Bridgestone/Firestone to detailed consumer restitution practices and bans specific deceptive business practices, provided below in detail.

The State settlement comes on top of the $972,144 Bridgestone/Firestone, Inc. has already reimbursed Maine consumers, either in cash or the replacement of 11,738 tires. This settlement does not affect the rights of private citizens to pursue their own claims against Bridgestone/Firestone, except to the extent of any offset for restitution that the consumer will already receive as part of the State's settlement.

Assistant Attorney General Carlos Diaz, who handled Maine's case from the AG's Public Protection Division, said the case is a win for Maine consumers. "We Mainers do so much driving on such a wide variety of road conditions, I think the settlement provisions requiring improved information sharing will take some of the mystery out of buying tires," said Diaz.

Attorney General Rowe said that the cash recovery is substantial by any standard, and that it will help both in the next State budget and in future consumer protection efforts. "The law gets enforced, tire buyers get the truth, the State's coffers get a boost, and consumers get some power. It is a real win for Maine people."

TERMS OF BRIDGESTONE/FIRESTONE SETTLEMENT

Restitution provisions:

  • Bridgestone/Firestone to reimburse or refer to arbitration certain consumer complaints forwarded to the Attorney's General Offices and/or relevant state agency prior to today that will have been submitted to BF prior to 12/31/01.

  • Anyone who was denied a refund under the "Voluntary Safety Tire Recall Reimbursement Program" or Customer Satisfaction Program will receive a letter that will explain that the consumer has an option to seek a reconsideration of his or her refund denial.

  • If the consumer returns the forms included with their notice, Bridgestone/Firestone will review the request. If there is credible evidence that a consumer essentially meets each requirement of the aforementioned programs, the consumer will be paid.

  • If Bridgestone/Firestone denies the claim, the consumer will be provided notice of the denial and the option to submit their claim to an independent Arbitrator, at no cost.

Permanent Injunction provisions:

  • The company may not misrepresent the safety or safety characteristics of any tire or tread pattern.

  • Bridgestone/Firestone may not misrepresent the characteristics, manufacturer or appropriate uses of a tire.

  • The company must be able to substantiate with competent and reliable scientific evidence any specific claims of tire safety, performance or durability.

  • Bridgestone/Firestone may not make misrepresentations during a recall or customer satisfaction program.

  • The company shall not provide or facilitate inconsistent information to consumers about tire pressure.

  • Bridgestone/Firestone must not make misrepresentations in or retroactively change any guarantee or warranty.

  • The company shall not misrepresent that they have given an expert all requested information.

  • Bridgestone/Firestone shall not misrepresent the expected life or wear pattern of a tire tread.

  • The company must handle consumer complaints in a truthful, ethical and timely manner.

  • Also under the agreement, Bridgestone/Firestone will provide detailed safety consumer information to consumers at the time of delivering tires including information about: proper tire maintenance, load capacity, air pressure; proper tire repair, and warranty information.

  • Bridgestone/Firestone also agrees to provide truthful sworn testimony and cooperation for the Multi-state Working Group in related investigations

ATTORNEY GENERAL ROWE ATTENDS PRESCRIPTION DRUG ABUSE TASK FORCE MEETING IN D.C.

November 16, 2001

NOVEMBER 16, 2001

CONTACT: James M. Cameron, Assistant Attorney General - Drug Task Force Coordinator
207-626-8505

Attorney General Steven Rowe is meeting today in Washington, D.C. with the Attorneys General from Virginia, Maryland, Kentucky, and other states, as a participant in a Prescription Drug Abuse Task Force organized the National Association of Attorneys General. The Task Force has been working throughout the year in following areas:

  • Developing new laws, such as the bills submitted by Attorney General Rowe and passed by the current legislature in June 2001, to combat the illegal diversion and abuse of prescription drugs.

  • Studying ways to use existing prescription data to identify sources of illegal drug diversion.

  • Preventing the use of the Internet to obtain fraudulent prescriptions and illegally diverted drugs.

  • Working with the medical profession to develop education programs for health care providers to educate them about avoiding fraud by patients seeking drugs, and about safe methods of treating pain.

  • Working with the pharmaceutical industry to encourage the development of new formulations of pain medication that will be less attractive to drug abusers, and studying ways to speed up the FDA new drug approval process for these new, safer pain medications.

  • Develop educational prevention programs for high school students and their parents to teach them about the dangers of prescription drug abuse.

Attorney General Steven Rowe also announced statistics today on the number of drug cases prosecuted by the Office of Attorney General Drug Task Force Attorneys throughout the state during the period from July 1, 2000 through June 30, 2001. The data includes statistics on the number of cases prosecuted and type of drug involved, by county and statewide. (See attached table and graph. Call James Cameron to get email versions.) Although the data is not a complete picture of drug activity in Maine, some interesting trends can be noted.

Statewide, the number of powder cocaine, "crack" cocaine, and marijuana cases completed were down over the previous twelve-month period. For the first time since the AG's Office began keeping statistics, cocaine cases made up less than a quarter of total cases. These decreases were offset by sharp increases in the number of cases involving the illegal use and sale of prescription narcotic drugs and heroin. Heroin cases were up over 60% from the previous 12-month period. The fastest growing drug category by far was prescription narcotics, with the number of cases doubling over the past two years. Together, heroin and prescription narcotic cases made up over 37% of cases prosecuted, reflecting a trend towards opiate abuse that has been on the rise in Maine and across the nation during the past several years.

Regional trends can be noted as well. The number of heroin and prescription narcotic cases combined in Cumberland County more than doubled in the most recent twelve-month period, compared to the previous twelve-month period. Also in Cumberland County, there was a decline in the number of crack cocaine cases, the more dangerous smokable form of the drug, and an increase in the number of powder cocaine cases, reversing a trend in recent years. This decline in the number of crack cocaine cases can also be seen in Androscoggin County, continuing a trend begun several years ago.

While prescription narcotic cases increased in virtually all parts of the state, a particularly dramatic rise occurred in Washington County, where the number of prescription drug cases jumped 280% over the year, from 10 cases in Fiscal Year (FY) 1999-2000, to 28 cases in FY 2000-2001; and in Cumberland County, where prescription cases jumped 350% from 8 cases in FY 1999-2000 to 28 cases in FY 2000-2001. Indeed, overall, Washington County had as many prescription drug cases closed as all of Cumberland County.

The prosecution data reflects some significant demographic trends as well. Certain drugs tend to be associated with different age groups. As was the case in the previous year, persons under 30 years of age tend to be involved with hallucinogenic drugs such as "ecstasy" (MDMA) (average age 24), LSD (average age 22- the youngest group for any drug), and psilocybin mushrooms (average age 26). Persons charged with offenses involving marijuana (average age 37-the oldest group for any drug), heroin (average age 34), illegally diverted prescription pills (average age 34), powder cocaine (average age 33), and crack cocaine (average age 32), tend to be older.

In response to the trend towards the use of prescription drugs, the Office of Attorney General worked with the Legislature to develop a package of legislation that increased the penalties for major traffickers in pills, prevented smuggling, and provided safeguards that will help prevent diversion of prescription drugs by making it harder for criminals to defraud doctors and pharmacies. The Office of Attorney General also developed legislation that increases the penalties for trafficking in hallucinogens such as "ecstasy" (MDMA) and other drugs associated with "raves." These laws took effect September 21, 2001.

This prosecution data reflects criminal cases that have been brought to court and completed in the reporting periods. Since criminal cases take some months to work their way through the criminal justice system, the trends that are suggested tend to reflect activity in the recent past, rather than current activity. The number of cases brought in any given period is influenced both by drug activity and available law enforcement resources.

Attorney General Rowe stated: "The cost of drug abuse and addiction in Maine-in both human and economic terms-is too great for any of us to ignore. We are all adversely affected by the crime, spoiled health, lost productivity, wasted family finances, ruined relationships, and wasted dreams caused by drugs. It is a problem we all must face together."

Assistant Attorney General and Drug Prosecution Coordinator James M. Cameron stated: "Opiate abuse can occur in any family, and frequently the culprit can be found right in the medicine cabinet. Patients should dispose of unused and unneeded narcotic painkillers. Painkillers can be a godsend for patients, but must be respected as powerful substances that can result in painful addiction."

ATTORNEY GENERAL FILES CIVIL RIGHTS ENFORCEMENT ACTION

December 28, 2001

DECEMBER 28, 2001

CONTACT: Thomas Harnett, Assistant Attorney General For Civil Rights Education And Enforcement
207-626-8800

Attorney General Steven Rowe today announced that his office has filed a civil enforcement action under the Maine Civil Rights Act against a Topsham man for harassing, threatening and assaulting an African American man on the basis his race.

The complaint, filed in the Superior Court for Sagadahoc County, alleges that Carroll S. Brillant, 65, not only assaulted the 44-year-old African American man but also threatened the man's companion, a 36-year-old Caucasian woman.

According to the complaint, a pattern of racially motivated harassment and intimidation that began last June escalated into violence on October 28, 2001, when Brillant physically attacked the victim in the driveway of the home of the victim's companion. The victim was able to wrestle Brillant to the ground and hold him until police arrived and arrested him. Brillant continued to spew racial epithets even after his arrest.

The Attorney General's complaint seeks to permanently enjoin Brillant from any further threats or acts of violence, property damage, and trespass against the victims or others motivated by bias.

"Maine people will not stand for race-based violence. Our Civil Rights Act articulates our insistence on tolerance and respect for all people," Rowe said.

Assistant Attorney General Stanley W. Piecuch, who is handling the case for the State, said, "This case is particularly egregious because it quickly progressed beyond mere threats to physical violence. The goal of our case is to ensure that this does not happen again, not to this victim or anybody else."

Rowe commended the Topsham Police Department for its investigation of the incident. The department referred the case to Rowe's office for possible action under the Maine Civil Rights Act.

COURT ISSUES INJUNCTION IN CIVIL RIGHTS SUIT FOR ASSAULT ON AFGHAN-AMERICAN

September 18, 2002

SEPTEMBER 18, 2002

CONTACT: LEANNE ROBBIN OR THOM HARNETT Assistant Attorneys General 207-626-8800

Attorney General Steven Rowe announced today that the Maine Superior Court has issued an injunction under the Maine Civil Rights Act against Freedom Hamlin as a result of her assault against a City of Portland parking official of Afghan descent. The Attorney General's Complaint alleges that on February 28, 2002, the official was placing a "boot" device on a car on Casco Street in Portland when Ms. Hamlin kicked him in the foot and spit in his face shouting, "Go back to the country you came from. You don't belong here." As a result of Hamlin's conduct, the official called the dispatcher for police back-up. Hamlin continued to yell that the official should go "back to Iran." The State's evidence was based not only on the victim's statements, but also the observations of a disinterested witness.

The victim was born in Afghanistan and came to the United States as a political refugee 20 years ago, when he was granted political asylum.

The Maine Civil Rights Act prohibits any person from assaulting or threatening another person because of that person's national origin or ancestry (or because of race, color, religion, sex, physical or mental disability or sexual orientation). Under the order, Hamlin is prohibited from having contact with the victim or from using physical force or violence or threatening to use physical force or violence against any person motivated by bias based upon national origin.

Attorney General Rowe said, "This victim, like many people from the Middle East, came to this country seeking refuge from political persecution and violence. We will continue to use the Maine Civil Rights Act to keep America's promise of freedom for all people."

ROWE UNVEILS NEW ATTORNEY GENERAL WEBSITE

September 19, 2002

SEPTEMBER 19, 2002

CONTACT: CHARLES DOW, Director Communications and Legislative Affairs
207-626-8577

Attorney General Steven Rowe today unveiled the new website for the Maine Attorney General's Office. The site provides a wealth of information and resources for Maine people, including the searchable 31-chapter Maine Consumer Law Guide, downloadable consumer complaint forms, and online sign-up for the telemarketing Do Not Call list.

Rowe said that the new website is focused on the needs of Maine people. Rowe said, "We asked ourselves, 'What do people need when they call or come by the AG's Office? How can we make that information more accessible?'"

"We have opened the electronic door to the AG's Office, and now Maine people can help themselves to consumer protection information, complaint forms, information on important cases, and the like. While they are on the website, they can put themselves and their friends and neighbors on the telemarketing Do Not Call list," said Rowe.

"If information is power, we are handing Maine people a lot of power today. That's our job," Rowe said.

BAILEYVILLE MAN SENTENCED TO FOUR YEARS IN PRISON FOR TRAFFICKING IN PRESCRIPTION NARCOTICS

October 2, 2002

OCTOBER 2, 2002 MATT ERICKSON, Assistant Attorney General 207-945-0373

Attorney General Steven Rowe reported today that James E. Storey, age 37, of Baileyville was sentenced Tuesday in Machias for two class A felony aggravated trafficking offenses for selling meperidine (Demerol) and oxycodone (OxyContin) in Baileyville on February 19 and 20 of this year. The charges were aggravated because of Storey's prior felony drug conviction in 1990. Storey is also scheduled to stand trial later this month for burglary in the Washington County Superior Court.

Chief Justice Nancy Mills sentenced Storey to four years in prison.

"It is unfortunate that Mr. Storey couldn't learn from his past mistakes. Perhaps four years in prison will impress upon him that the people of Maine will not tolerate drug dealers in their midst," said Assistant Attorney General Matt Erickson, the prosecutor in the case.

The drug charges were investigated by the Maine Drug Enforcement Agency, with assistance from the Washington County Sheriff's Office and the Pleasant Point Police Department. In announcing the sentence, Attorney General Steven Rowe stated: "Despite scarce resources, cooperation among state, county, and local authorities is beginning to put the squeeze on the drug trade in Washington County. "

ATTORNEYS GENERAL WIN ANTITRUST SETTLEMENT IN ALLEGING PRICING CONSPIRACY ON MUSIC CDS

September 30, 2002

SEPTEMBER 30, 2002 JOHN BRAUTIGAM, Assistant Attorney General 207-626-8867

Music Distributors and Retailers Agree to Pay $67 Million in Cash, provide $75 Million Worth of Free CDs, and Change Sales Practices to Settle National Lawsuit.

Attorney General G. Steven Rowe announced today that five of the largest U.S. distributors of prerecorded music CDs along with three large retailers have agreed to provide $143,075,000 in cash and product to settle a nationwide antitrust lawsuit brought by the Attorneys General and private counsel. The settlement amount entails $67,375,000 in cash and $75,700,000 worth of music CDs.

In addition, the defendants agreed not to engage in sales practices that allegedly led to artificially high retail prices for music CDs. Maine, along with 39 other states and three territories filed an antitrust lawsuit in federal court in August 2000. The lawsuit alleged that the five music distributors (including their affiliated labels) and three large music retailers entered into illegal conspiracies to raise the price of prerecorded music to consumers. The remaining states were represented by private counsel.

This national case has generated particular interest in Maine because Chief Judge D. Brock Hornby of the United States District Court in Portland was designated to preside over the litigation. It is rare for such large nationwide cases to be litigated in Maine.

The defendants in the lawsuit are music distributors Bertelsmann Music Group, Inc., EMI Music Distribution, Warner-Elektra-Atlantic Corporation, Sony Music Entertainment, Inc., Universal Music Group and national retail chains Transworld Entertainment Corporation, Tower Records, and Musicland Stores Corporation. The defendants have denied the allegations.

Today's settlement has three major components:

• Sales Practice Changes. Defendants have agreed to an injunction preventing them from forcing retailers to increase CD prices and strengthening price competition in the industry.

• Consumer Compensation. The defendants will pay $67,375,000 for nationwide consumer compensation, charitable purposes, or some combination of both. Individual members of the public who wish to file a claim will be notified of the claims process at a later date.

• CDs for Charitable Groups. Defendants will provide approximately 7,000,000 music CDs (valued at $75,700,000) for nationwide distribution by the Attorneys General of the litigating states to not-for-profit corporations, charitable groups and governmental entities such as schools and libraries.

"The lawsuit and settlement demonstrate our commitment to halting corporate misconduct that causes our citizens to pay higher prices and distorts our free market economy," said Attorney General Rowe.

According to Assistant Attorney General John Brautigam approximately 24,733 music CDs valued at $337,898 will eventually be distributed to qualified corporations, charitable groups and government entities in Maine. In addition, an estimated $222,736 in cash refunds will be distributed to Maine residents who previously purchased music CDs. The settlement provides for a national claims process through which consumers will be able to obtain their refunds.

The settlement is subject to approval by the federal district court in Portland. Once the settlement is approved, the parties expect that cash and CDs will be distributed sometime in 2003.

For more information please contact Chuck Dow or John Brautigam at (207) 626-8800.

ATTORNEY GENERAL FILES CIVIL RIGHTS ENFORCEMENT ACTION

October 29, 2002

OCTOBER 29, 2002 GERALD D. REID, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe today announced that his office has filed a civil enforcement action under the Maine Civil Rights Act against Glen McFarland, 25, of Sanford. The complaint, filed in York County Superior Court, alleges that McFarland assaulted the victim because he believed the victim was gay. According to the Complaint, McFarland used derogatory language concerning the victim's perceived sexual orientation as he beat and kicked the victim. The Complaint also alleges that the assault caused injuries that required hospital treatment. The alleged attack occurred on August 14, 2002, on Pleasant Street in Springvale.

The Maine Civil Rights Act prohibits any person from assaulting or threatening another person motivated by reason of sexual orientation, color, ancestry, national origin, religion, gender, or physical or mental disability. The Attorney General's complaint seeks to enjoin McFarland from any further bias-motivated threats or acts of violence, property damage, or trespass against the victim or others. He also faces civil penalties of up to $5,000.

Attorney General Rowe stated: "The Civil Rights Act is intended to protect people in Maine against bias-motivated violence or threats of violence. We are working with local law enforcment to provide that protection and to make sure that those who violate this law are held accountable."

Rowe commended the Sanford Police Department for its investigation of the incident. The Department referred the case to Rowe's office for possible action under the Maine Civil Rights Act.

ATTORNEY GENERAL FILES CIVIL RIGHTS ENFORCEMENT ACTION AGAINST SPRINGVALE MAN FOR ANTI-GAY ATTACK

October 22, 2002

OCTOBER 22, 2002 SUSAN A. SPARACO, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe today announced that his office has filed a civil enforcement action under the Maine Civil Rights Act against William Livermore, 31, of Springvale. The complaint, filed in York County Superior Court, alleges that Livermore assaulted the victim because he believed that the victim was gay. The alleged attack occurred on March 12, 2002, at a bookstore located on Route 236 in Kittery. The Maine Civil Rights Act prohibits any person from assaulting or threatening another person motivated by reason of sexual orientation, color, ancestry, national origin, religion, gender, or physical or mental disability. The Attorney General's complaint seeks to permanently enjoin Livermore from any further threats or acts of violence, property damage, and trespass against the victim or others motivated by bias. He also faces civil penalties of up to $5,000.

Attorney General Rowe stated: "The Civil Rights Act protects us wherever we are."

Rowe commended the Kittery Police Department for its investigation of the incident. The Department referred the case to Rowe's office for possible action under the Maine Civil Rights Act.

AG ROWE SENDS LETTER TO SOMALI COMMUNITY IN MAINE

October 9, 2002

OCTOBER 9, 2002 STEVEN ROWE, Attorney General 207-626-8599

Attorney General Steven Rowe today sent a letter to Maine Somalis. Several hundred copies of the letter, translated to the Somali language, were hand-delivered to Somali leaders in Lewiston and to places where Somalis gather in the Lewiston area. What follows is the complete text of the letter in English. Translated copies are available upon request.

October 9, 2002

Dear Members of the Somali Community in Maine,

I am writing to let you know how important you are to our Maine community. In just a short time, you have made significant contributions to the State of Maine. Through your work, cultural traditions, languages and religion, you have significantly added to the richness of this great State.

The horrors of civil war and factional fighting have caused great suffering in Somalia for the past decade, causing more than a half-million deaths. Many of you lost family and friends to the war and ensuing famine. You came to this country after being forced from your homeland.

You came here seeking freedom, opportunity and equality. You came here so that you could live in peace. You came here so that your children could have educational and economic opportunities. You came here so that you could work and advance as far as your talents and your willingness to work hard would take you. In short, you came here hoping to make a better life for you and your families.

I realize that for many of you those hopes have not been fully realized. Many of you do not feel safe and welcome. Instead of enjoying the opportunities you sought, many of you continue to live with fear and anxiety. Please know that the vast, vast majority of Maine residents want you to feel welcome and safe. We welcome you as fellow citizens and residents and we want you to know that you are a valued part of our communities and our State.

Members of the Office of the Attorney General will do everything within our power to work with local law enforcement officials to ensure that the civil rights of all Maine residents are protected. We will strive to ensure that Maine is a safe, tolerant and respectful place for everyone to live. We look forward to working with you toward that end.

Thank you.

Sincerely,

G. Steven Rowe Attorney General

MAINE LAW BARS "NEW" SNOWMOBILE AND ATV SALES BY NON-DEALERS

October 17, 2002

OCTOBER 17, 2002

CONTACT: CHARLES DOW, Director
COMMUNICATIONS AND LEGISLATIVE AFFAIRS
207-626-8577

As the weather turns colder, Mainers should beware of snowmobile deals so good they're criminal.

A new Maine law makes it a crime for anyone who does not have a franchise with the manufacturer to sell a new snowmobile or ATV. A "new" snowmobile or ATV is one that has not previously been registered or for which sales taxes have not been paid. Common violators appear to be merchants in other businesses who buy new snowmobiles and ATVs at dealerships in Canada, and then resell them to Maine consumers without paying taxes, registration fees, or franchise fees. The practice cheats consumers out of warranty rights and shifts the tax burden to law-abiding citizens. Violators commit a Class E crime (maximum 6 months in jail and $1,000 fine). Violators can also be liable for triple damages under the state's Unfair Trade Practices Act.

The Attorney General's Office is looking into several complaints, and seeks to educate the public about this illegal practice.

See the new law on the web at: http://janus.state.me.us/legis/ros/lom/LOM120th/4Pub601-650/Pub601-650-15.htm#P416_82756

ROWE ANNOUNCES SETTLEMENT OF ANTITRUST SUIT AGAINST MANUFACTURER OF GEORGE FOREMAN GRILLS

September 6, 2002

SEPTEMBER 6, 2002

CONTACT: CHRISTINA MOYLAN, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe today announced that Maine and 42 other jurisdictions have settled an antitrust suit against Salton, Inc, for $8.2 million. Salton manufactures the popular George Foreman™ contact grills.

The lawsuit, the result of a two-year investigation, alleges that Salton coerced retailers into fixing the price for Salton's George Foreman™ contact grills, and into excluding Salton's competitors from their shelves. Under the policies challenged by the Attorneys General, when retailers sold at a discount or stocked a competitor's product, Salton suspended the retailer until it fell into line with Salton's policies.

"We are committed to halting corporate misconduct and anticompetitive practices that drive up prices for consumers," stated Assistant Attorney General Christina Moylan, who worked on the case for Maine.

Under the settlement, Salton will pay $8 million in damages, $200,000 in investigative expenses, and notice costs. Salton will also agree to a court-order that prevents it from engaging in similar anti-competitive conduct in the future.

Restitution funds will be distributed to charitable entities and/or government agencies for initiatives to improve health care and nutrition. Specific information about the distribution will be made available in March 2004, when Salton will complete its payments.

Further information on the settlement, including important documents, will be posted on the website of the National Association of Attorneys General, www.naag.org, as soon as it becomes available. Further details should be posted on that website within several days.

MAINE JOINS CASE TO BLOCK SATELLITE TV MERGER

October 31, 2002

OCTOBER 31, 2002

CONTACT: FRANCIS ACKERMAN, Assistant Attorney General
207-626-8847

Attorney General Steven Rowe announced today that his office has joined a lawsuit filed today in United States District Court in Washington, D.C., to block a proposed merger between the only two nationwide direct broadcast satellite (DBS) television providers. The lawsuit against EchoStar Communications Corporation and Hughes Electronic Corporation was brought by the Antitrust Division of the U.S. Department of Justice, joined by Rowe and the Attorneys General of 22 other states, the District of Columbia and Puerto Rico. The suit alleges that the proposed merger between EchoStar and Hughes would violate antitrust laws by taking away consumer options and placing the market for DBS customers in the hands of one corporation. EchoStar runs Dish Network, and Hughes runs DirecTV. Rowe said, "Mainers have very few options for television providers. The proposed elimination of competition between these two satellite companies does not benefit consumers, and the court should stop this merger." Assistant Attorney General Francis Ackerman, who is handling the case for Maine, said, "Dish Network and DirecTV compete with each other on many levels to attract consumers to switch from cable, including offering special packages of channels and discounts on services, installation and equipment. Without the competition of two DBS providers, that incentive to offer lower prices and better customer service is gone." Ackerman added that it would be extremely difficult and expensive for any new DBS competitors to enter the market, and that there are no DBS frequencies available that cover the entire continental United States so a competitor could offer a nationwide service. Earlier this month, the FCC announced that it would deny the application of EchoStar and Hughes for a license transfer. That denial, under FCC regulations, is a separate action from the lawsuit using federal antitrust statutes brought by the Department of Justice and the states. In addition to Maine, the group of states opposing the Echostar/Hughes merger includes Arkansas, California, Connecticut, Hawaii, Idaho, Illinois, Iowa, Kentucky, Massachusetts, Mississippi, Missouri, Montana, Nevada, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Texas, Vermont, Washington and Wisconsin, as well as the District of Columbia and the Commonwealth of Puerto Rico.

ROWE ANNOUNCES SETTLEMENT OF ANTITRUST SUIT AGAINST MANUFACTURER OF GEORGE FOREMAN GRILLS

September 13, 2002

SEPTEMBER 6, 2002 CHRISTINA MOYLAN, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe today announced that Maine and 42 other jurisdictions have settled an antitrust suit against Salton, Inc, for $8.2 million. Salton manufactures the popular George Foreman™ contact grills.

The lawsuit, the result of a two-year investigation, alleges that Salton coerced retailers into fixing the price for Salton's George Foreman™ contact grills, and into excluding Salton's competitors from their shelves. Under the policies challenged by the Attorneys General, when retailers sold at a discount or stocked a competitor's product, Salton suspended the retailer until it fell into line with Salton's policies.

"We are committed to halting corporate misconduct and anticompetitive practices that drive up prices for consumers," stated Assistant Attorney General Christina Moylan, who worked on the case for Maine.

Under the settlement, Salton will pay $8 million in damages, $200,000 in investigative expenses, and notice costs. Salton will also agree to a court-order that prevents it from engaging in similar anti-competitive conduct in the future.

Restitution funds will be distributed to charitable entities and/or government agencies for initiatives to improve health care and nutrition. Specific information about the distribution will be made available in March 2004, when Salton will complete its payments.

Further information on the settlement, including important documents, will be posted on the website of the National Association of Attorneys General, www.naag.org, as soon as it becomes available. Further details should be posted on that website within several days.

HOULTON BAND OF MALISEET INDIANS AND STATE TO SIGN HISTORIC INDIAN CHILD WELFARE AGREEMENT

September 13, 2002

SEPTEMBER 14, 2002

SARAH TOMAH, Houlton Band of Maliseets 207-532-4273 x204 CHARLES DOW, Attorney General's Office 207-626-8577 NEWELL AUGUR, Department of Human Services 207-287-1927

On Monday September 16, 2002 at 1:00 p.m., the Houlton Band of Maliseet Indians and the State of Maine will sign a groundbreaking Indian Child Welfare agreement. Tribal Chief Brenda Commander and the Houlton Band of Maliseet Indians Tribal Council will host Attorney General Steven Rowe and Department of Human Services Commissioner Kevin Concannon at the Maliseet Indian Housing Authority Community Building at the Maliseet Riverside Village on the Foxcroft Road in Houlton. Members of the media and the public are invited to attend. For further information or directions please contact Sarah Tomah at the above number.

This is a comprehensive agreement that provides for the Maliseets to administer all aspects of child protective proceedings involving Maliseet children on its Tribal lands and to have a significant role in such proceedings off of its Tribal lands. The agreement follows the language and intent of the federal Indian Child Welfare Act of 1978,which requires the states to respect the cultural heritage of Indian children.

The Maliseets and the State were able to reach this historic agreement, after many months of negotiations, by steadfastly concentrating on how to reach a shared goal: the protection of Tribal children and their cultural heritage. Since the Maine Indian Land Claims Act of 1980, the Maliseets have established Tribal governmental departments of Health, Social Services, Education, Housing and Indian Child Welfare. The Maliseets are a federally recognized Indian tribe based in Houlton, Maine with 759 tribal members.

CHIEF MEDICAL EXAMINER RELEASES FINDINGS ON JOHN'S BRIDGE VICTIMS

September 13, 2002

SEPTEMBER 16, 2002

CONTACT: JAMES FERLAND
Administrator, Office of the Chief Medical Examiner
207-624-7180

The Office of Chief Medical Examiner has completed the examination of the 14 migrant workers involved in the tragic accident last Thursday at John's Bridge on the Allagash River. The survivor of the accident, Mr. Edilberto Morales-Luis was able to visually identify all of his co-workers. The following is a list of the deceased men and their country of origin:

Alexci Alcantara-Acosta, Honduras
Jose Santos Alvarado-Hernandez, Honduras
Alcidez Chavez-Hernandez, Honduras
Pablo Euceda-Amaya, Honduras
Dionisio Funez-Diaz, Honduras
Sebastian Garcia-Garcia, Honduras
Carlos H. Izaguirre, Honduras
Juan Mendez, Guatemala
Cecilio Morales-Domingo, Guatemala
Sebstian Morales-Domingo, Guatemala
Delkin Padilla-Alvarado, Honduras
Alberto Sales-Domingo, Guatemala
Juan Turcios-Matamoros, Honduras
Jose Santos Euceda-Cebeda, Honduras

The person identified as the driver, Mr. Juan Turcios-Matomoros was autopsied, and blood was sent for toxicologic analysis. The other 13 victims were examined externally, but not autopsied. Examinations revealed only minor injuries consistent with the accident but not sufficient to cause death. The cause of death on all fourteen men was determined to be drowning.

COURT ISSUES INJUNCTION IN CIVIL RIGHTS SUIT

September 13, 2002

SEPTEMBER 18, 2002 LEANNE ROBBIN OR THOM HARNETT Assistant Attorneys General 207-626-8800

Attorney General Steven Rowe announced today that the Maine Superior Court has issued an injunction under the Maine Civil Rights Act against Freedom Hamlin as a result of her assault against a City of Portland parking official of Afghan descent. The Attorney General's Complaint alleges that on February 28, 2002, the official was placing a "boot" device on a car on Casco Street in Portland when Ms. Hamlin kicked him in the foot and spit in his face shouting, "Go back to the country you came from. You don't belong here." As a result of Hamlin's conduct, the official called the dispatcher for police back-up. Hamlin continued to yell that the official should go "back to Iran." The State's evidence was based not only on the victim's statements, but also the observations of a disinterested witness.

The victim was born in Afghanistan and came to the United States as a political refugee 20 years ago, when he was granted political asylum.

The Maine Civil Rights Act prohibits any person from assaulting or threatening another person because of that person's national origin or ancestry (or because of race, color, religion, sex, physical or mental disability or sexual orientation). Under the order, Hamlin is prohibited from having contact with the victim or from using physical force or violence or threatening to use physical force or violence against any person motivated by bias based upon national origin.

Attorney General Rowe said, "This victim, like many people from the Middle East, came to this country seeking refuge from political persecution and violence. We will continue to use the Maine Civil Rights Act to keep America's promise of freedom for all people."

ROWE UNVEILS NEW ATTORNEY GENERAL WEBSITE Features Online Do Not Call List

September 13, 2002

SEPTEMBER 19, 2002

CONTACT: CHARLES DOW, Director Communications and Legislative Affairs 207-626-8577

Sign-Up at www.maine.gov/ag/donotcall.html

Attorney General Steven Rowe today unveiled the new website for the Maine Attorney General's Office. The site provides a wealth of information and resources for Maine people, including the searchable 31-chapter Maine Consumer Law Guide, downloadable consumer complaint forms, and online sign-up for the telemarketing Do Not Call list.

Rowe said that the new website is focused on the needs of Maine people. Rowe said, "We asked ourselves, 'What do people need when they call or come by the AG's Office? How can we make that information more accessible?'"

"We have opened the electronic door to the AG's Office, and now Maine people can help themselves to consumer protection information, complaint forms, information on important cases, and the like. While they are on the website, they can put themselves and their friends and neighbors on the telemarketing Do Not Call list," said Rowe.

"If information is power, we are handing Maine people a lot of power today. That's our job," Rowe said.

ATTORNEYS GENERAL WIN ANTITRUST SETTLEMENT IN LAWSUIT ALLEGING PRICING CONSPIRACY ON MUSIC CDS

September 13, 2002

SEPTEMBER 30, 2002

CONTACT: JOHN BRAUTIGAM, Assistant Attorney General
207-626-8867

Attorney General G. Steven Rowe announced today that five of the largest U.S. distributors of prerecorded music CDs along with three large retailers have agreed to provide $143,075,000 in cash and product to settle a nationwide antitrust lawsuit brought by the Attorneys General and private counsel. The settlement amount entails $67,375,000 in cash and $75,700,000 worth of music CDs. In addition, the defendants agreed not to engage in sales practices that allegedly led to artificially high retail prices for music CDs.

Maine, along with 39 other states and three territories filed an antitrust lawsuit in federal court in August 2000. The lawsuit alleged that the five music distributors (including their affiliated labels) and three large music retailers entered into illegal conspiracies to raise the price of prerecorded music to consumers. The remaining states were represented by private counsel.

This national case has generated particular interest in Maine because Chief Judge D. Brock Hornby of the United States District Court in Portland was designated to preside over the litigation. It is rare for such large nationwide cases to be litigated in Maine.

The defendants in the lawsuit are music distributors Bertelsmann Music Group, Inc., EMI Music Distribution, Warner-Elektra-Atlantic Corporation, Sony Music Entertainment, Inc., Universal Music Group and national retail chains Transworld Entertainment Corporation, Tower Records, and Musicland Stores Corporation. The defendants have denied the allegations.

Today's settlement has three major components:

  • Sales Practice Changes. Defendants have agreed to an injunction preventing them from forcing retailers to increase CD prices and strengthening price competition in the industry.
  • Consumer Compensation. The defendants will pay $67,375,000 for nationwide consumer compensation, charitable purposes, or some combination of both. Individual members of the public who wish to file a claim will be notified of the claims process at a later date.
  • CDs for Charitable Groups. Defendants will provide approximately 7,000,000 music CDs (valued at $75,700,000) for nationwide distribution by the Attorneys General of the litigating states to not-for-profit corporations, charitable groups and governmental entities such as schools and libraries.

"The lawsuit and settlement demonstrate our commitment to halting corporate misconduct that causes our citizens to pay higher prices and distorts our free market economy," said Attorney General Rowe.

According to Assistant Attorney General John Brautigam approximately 24,733 music CDs valued at $337,898 will eventually be distributed to qualified corporations, charitable groups and government entities in Maine. In addition, an estimated $222,736 in cash refunds will be distributed to Maine residents who previously purchased music CDs. The settlement provides for a national claims process through which consumers will be able to obtain their refunds.

The settlement is subject to approval by the federal district court in Portland. Once the settlement is approved, the parties expect that cash and CDs will be distributed sometime in 2003.

For more information please contact Chuck Dow or John Brautigam at (207) 626-8800.

ATTORNEY GENERAL FILES CIVIL RIGHTS ENFORCEMENT ACTION AGAINSTSANFORD MAN FOR ANTI-GAY ATTACK

November 13, 2002

OCTOBER 29, 2002 GERALD D. REID, Assistant Attorney General 207-626-8800

Attorney General Steven Rowe today announced that his office has filed a civil enforcement action under the Maine Civil Rights Act against Glen McFarland, 25, of Sanford. The complaint, filed in York County Superior Court, alleges that McFarland assaulted the victim because he believed the victim was gay. According to the Complaint, McFarland used derogatory language concerning the victim's perceived sexual orientation as he beat and kicked the victim. The Complaint also alleges that the assault caused injuries that required hospital treatment. The alleged attack occurred on August 14, 2002, on Pleasant Street in Springvale.

The Maine Civil Rights Act prohibits any person from assaulting or threatening another person motivated by reason of sexual orientation, color, ancestry, national origin, religion, gender, or physical or mental disability. The Attorney General's complaint seeks to enjoin McFarland from any further bias-motivated threats or acts of violence, property damage, or trespass against the victim or others. He also faces civil penalties of up to $5,000.

Attorney General Rowe stated: "The Civil Rights Act is intended to protect people in Maine against bias-motivated violence or threats of violence. We are working with local law enforcment to provide that protection and to make sure that those who violate this law are held accountable."

Rowe commended the Sanford Police Department for its investigation of the incident. The Department referred the case to Rowe's office for possible action under the Maine Civil Rights Act.

MAINE JOINS CASE TO BLOCK SATELLITE TV MERGER

November 13, 2002

OCTOBER 31, 2002 FRANCIS ACKERMAN, Assistant Attorney General 207-626-8847

Attorney General Steven Rowe announced today that his office has joined a lawsuit filed today in United States District Court in Washington, D.C., to block a proposed merger between the only two nationwide direct broadcast satellite (DBS) television providers. The lawsuit against EchoStar Communications Corporation and Hughes Electronic Corporation was brought by the Antitrust Division of the U.S. Department of Justice, joined by Rowe and the Attorneys General of 22 other states, the District of Columbia and Puerto Rico. The suit alleges that the proposed merger between EchoStar and Hughes would violate antitrust laws by taking away consumer options and placing the market for DBS customers in the hands of one corporation. EchoStar runs Dish Network, and Hughes runs DirecTV. Rowe said, "Mainers have very few options for television providers. The proposed elimination of competition between these two satellite companies does not benefit consumers, and the court should stop this merger." Assistant Attorney General Francis Ackerman, who is handling the case for Maine, said, "Dish Network and DirecTV compete with each other on many levels to attract consumers to switch from cable, including offering special packages of channels and discounts on services, installation and equipment. Without the competition of two DBS providers, that incentive to offer lower prices and better customer service is gone." Ackerman added that it would be extremely difficult and expensive for any new DBS competitors to enter the market, and that there are no DBS frequencies available that cover the entire continental United States so a competitor could offer a nationwide service. Earlier this month, the FCC announced that it would deny the application of EchoStar and Hughes for a license transfer. That denial, under FCC regulations, is a separate action from the lawsuit using federal antitrust statutes brought by the Department of Justice and the states. In addition to Maine, the group of states opposing the Echostar/Hughes merger includes Arkansas, California, Connecticut, Hawaii, Idaho, Illinois, Iowa, Kentucky, Massachusetts, Mississippi, Missouri, Montana, Nevada, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Texas, Vermont, Washington and Wisconsin, as well as the District of Columbia and the Commonwealth of Puerto Rico.

WALDO WOMAN GETS FIVE YEARS IN PRISON FOR TRAFFICKING IN HEROIN

November 13, 2002

NOVEMBER 6, 2002 LARA M. NOMANI, Assistant Attorney General 207-626-8804

Attorney General Steven Rowe reported today that Rachel P. Gurley, age 26, of Belfast, Maine was sentenced Monday on the class A felony charge of Aggravated Trafficking in Heroin. Superior Court Justice Thomas Warren sentenced Gurley to serve ten years in prison, with all but five years suspended. Once Gurley serves five years in prison, she will be placed on probation for an additional four years.

Gurley's charge stems from an investigation conducted by the Rockland Police Department. On July 25, 2002, Det. Sgt. James Pease arrested Gurley and her boyfriend Jeramy Luszczki outside a local Rite Aid store. Gurley had 50 bags of heroin hidden in her clothing. She told police that she and Luszczki purchased heroin in Massachusetts at a rate of $5 per bag. Over time, she and Luszczki purchased hundreds of bags of heroin, which they imported into Maine and sold in the Rockland area for three times that price. At the time of her arrest, Gurley was on probation from Penobscot County after having been convicted of trafficking in LSD and psilocybin mushrooms. Luszczki was on probation for drug crimes in Massachusetts.

In announcing this sentence, Attorney General Steven Rowe stated: "Heroin is one of the most evil drugs available in Maine. Heroin dealers place society at grave risk. This is clear from the epidemic of drug related burglaries, robberies, thefts and overdoses that continue to plague Maine."

Assistant Attorney General Lara Nomani, who prosecuted the case, said, "Let Ms. Gurley's sentence serve as a warning to those who sell drugs, be it for profit or to support a drug habit. If you are caught selling any quantity of heroin, you should expect a serious sentence that reflects the danger your conduct poses to our communities. Repeat offenders, like Ms. Gurley, can expect little mercy."

District Attorney Geoffrey Rushlau said, "This case reflects the good results that occur when experienced drug investigators work closely with a specialized drug prosecutor."

WALDO WOMAN GETS FIVE YEARS IN PRISON FOR TRAFFICKING IN HEROIN

November 19, 2002

NOVEMBER 6, 2002
LARA M. NOMANI, Assistant Attorney General
207-626-8804

Attorney General Steven Rowe reported today that Rachel P. Gurley, age 26, of Belfast, Maine was sentenced Monday on the class A felony charge of Aggravated Trafficking in Heroin. Superior Court Justice Thomas Warren sentenced Gurley to serve ten years in prison, with all but five years suspended. Once Gurley serves five years in prison, she will be placed on probation for an additional four years.

Gurley's charge stems from an investigation conducted by the Rockland Police Department. On July 25, 2002, Det. Sgt. James Pease arrested Gurley and her boyfriend Jeramy Luszczki outside a local Rite Aid store. Gurley had 50 bags of heroin hidden in her clothing. She told police that she and Luszczki purchased heroin in Massachusetts at a rate of $5 per bag. Over time, she and Luszczki purchased hundreds of bags of heroin, which they imported into Maine and sold in the Rockland area for three times that price. At the time of her arrest, Gurley was on probation from Penobscot County after having been convicted of trafficking in LSD and psilocybin mushrooms. Luszczki was on probation for drug crimes in Massachusetts.

In announcing this sentence, Attorney General Steven Rowe stated: "Heroin is one of the most evil drugs available in Maine. Heroin dealers place society at grave risk. This is clear from the epidemic of drug related burglaries, robberies, thefts and overdoses that continue to plague Maine."

Assistant Attorney General Lara Nomani, who prosecuted the case, said, "Let Ms. Gurley's sentence serve as a warning to those who sell drugs, be it for profit or to support a drug habit. If you are caught selling any quantity of heroin, you should expect a serious sentence that reflects the danger your conduct poses to our communities. Repeat offenders, like Ms. Gurley, can expect little mercy."

District Attorney Geoffrey Rushlau said, "This case reflects the good results that occur when experienced drug investigators work closely with a specialized drug prosecutor."

STATE ASKS NUCLEAR REGULATORY COMMISSION FOR HEARING ON MAINE YANKEE WASTE STORAGE

November 24, 2002

NOVEMBER 15, 2002
STEVEN ROWE, ATTORNEY GENERAL
207-626-8800
TONY SPRAGUE, GOVERNOR'S OFFICE
207-287-3531

Attorney General Steven Rowe today filed a petition with the federal Nuclear Regulatory Commission ("NRC") requesting that the NRC hold a hearing regarding the plan to store nuclear waste at the Maine Yankee Atomic Power Station in Wiscasset.

The petition was filed with the cooperation and support of Governor Angus S. King, Jr., who stated, "Our purpose is simply to ensure that the NRC applies a new set of standards when considering the management of high-level spent nuclear fuel at local facilities such as Maine Yankee. The Attorney General and I also want to continue to press the federal Department of Energy and the NRC on more specific plans regarding the time table for the removal of this waste from Wiscasset."

Rowe stated, "The purpose of filing this petition is two-fold. First, we want to clarify State and local responsibilities for providing public safety and emergency response services. We want to know precisely what services the NRC expects the State and the host communities to provide and who the NRC expects to pay for those services. Second, we want to know the time schedule for removing the spent fuel from Maine. We certainly expect that the removal will be completed before expiration of the 20 year licensed life of the Maine Yankee storage facility."

Rowe and King stressed that the petition for a hearing with the NRC is not intended to alarm Maine residents about the present safety of the Maine Yankee fuel storage site. "With this petition, we are not raising safety concerns about short-term storage. Our concern is longer term. The present storage site is licensed to Maine Yankee for 20 years. The federal Department of Energy has stated that it may be 50 years or more before the fuel can be removed from Maine. That doesn't add up. It is clearly unacceptable," Rowe said.

The requested hearing would formally be to address the NRC's October 16, 2002 Order for Interim Safeguards and Security Compensatory Measures for the Interim Spent Fuel Installation ("ISFSI") that is being constructed at Maine Yankee.

FINANCIAL PLANNER GETS SIXTEEN MONTHS IN PRISON FOR STEALING $230,000 FROM CLIENTS

November 24, 2002

NOVEMBER 15, 2002
MICHAEL J. COLLERAN, ASSISTANT ATTORNEY GENERAL
207-626-8834

Attorney General Steven Rowe today announced that Michael L. Hancock, 44, of Falmouth, was sentenced today in Maine Superior Court to three years and eight months in prison, with all but sixteen months suspended, on felony theft and securities convictions. Hancock will be on probation for four years after his release and must pay $72,000 in restitution to his victims.

Hancock pled guilty to the charges and admitted to stealing more than $230,000 from twelve clients. Hancock admitted that his clients gave him money to invest on their behalf, and that he instead stole the money to use it for his own business and personal expenses. Hancock also admitted that he sold securities that were not registered with the State and that he sold securities without a license.

Assistant Attorney General Michael J. Colleran, who prosecuted the case, said that the sentence balances the seriousness of the crimes against Hancock's acceptance of responsibility. Hancock has already returned most of the stolen funds, with only the $72,000 covered by the restitution order remaining to be paid.

The convictions resulted from an investigation into Hancock's securities and insurance activities conducted by the Maine Office of Securities and Bureau of Insurance.

To protect themselves, Colleran recommends that Maine residents check out potential investments with the Maine Office of Securities by calling, toll-free, 1-877-624-8551. Residents also should use the toll-free number for questions or complaints about anyone selling investments.

ATTORNEY GENERAL WINS CIVIL RIGHTS APPEAL; VANCEBORO MAN TO SERVE 120 DAYS IN JAIL

November 24, 2002

NOVEMBER 20, 2002
CARLOS DIAZ, ASSISTANT ATTORNEY GENERAL
207-626-8846

Attorney General Steven Rowe announced today that his office won a criminal appeal in a civil rights case brought before Maine's highest court. The criminal defendant, 35-year-old Clay Christensen of Vanceboro, asked the Maine Law Court to overturn his criminal conviction for violating a court order issued under the Maine Civil Rights Act. Instead, in a decision handed down today, the Law Court upheld the criminal conviction. Christensen must now serve the 120-day sentence originally imposed by the trial judge.

Christensen was convicted after a trial in District Court, in which the State proved beyond a reasonable doubt that he violated a court order in January of 2001 by harassing a Hispanic man who had recently moved with his family to Vanceboro, Maine. The criminal violation included charging at the man with a snowplow, tailgating his car at high speeds, plowing large piles of snow to block the entrance to his house, and verbally taunting him. In handing down the 120-day jail sentence, trial judge John Romei said, "Racially motivated assaults are extremely disruptive to our society... it diminishes all of us."

The original court order was based on an incident in August of 1999, when Christensen entered the Hispanic man's property, punched him in the face, called him "Puerto Rican trash," and told him to go back to Puerto Rico. Christensen consented to the court order in November of 1999, just two months before he violated it.

Under the Maine Civil Rights Act, the Attorney General may bring a civil lawsuit to obtain a court order against any person who assaults, threatens, or damages the property of another person because of race, color, religion, sex, ancestry, national origin, sexual orientation, or physical or mental disability. Such court orders typically protect the original victim, and also prohibit any further civil rights violations against others. Violation of a court order issued under the Maine Civil Rights Act is a crime that may be punished by up to one year in jail. Assistant Attorney General Carlos Diaz prosecuted the case at trial and on appeal.

AG ROWE TO SUE BUSH ADMINISTRATION FOR GUTTING CLEAN AIR ACT

November 24, 2002

NOVEMBER 22, 2002
STEVEN ROWE, ATTORNEY GENERAL
207-626-8599

Attorney General Steven Rowe will join eight other state attorneys general from the Northeast and mid-Atlantic states in filing a federal lawsuit against the Bush Administration for endangering air quality by gutting a critical component of the federal Clean Air Act. The other suing states are New Hampshire, Vermont, Massachusetts, New York, Connecticut, Rhode Island, New Jersey, and Maryland.

Based on EPA estimates, the attorneys general believe that changes in the rules under the Clean Air Act announced today by the federal Environmental Protection Agency would exempt up to 50 percent of industrial facilities, including coal-fired power plants, from the New Source Review provision of the Clean Air Act. New Source Review requires that industrial plants add modern air pollution controls when they are upgraded or modified.

This major weakening of the Clean Air Act will further degrade air quality in the Northeast and mid-Atlantic states, regions already struggling with poor air caused in significant part by industrial pollution carried into the region on prevailing winds.

"It is unconscionable that the Bush Administration would put the financial interests of corporate polluters above the health interests of American people. Through Senators Muskie and Mitchell, the State of Maine led the enactment and reenactment of the federal Clean Air Act. The Act benefits Maine people most because we are located at the end of our nation's "air pollution tailpipe." If the Clean Air Act is significantly weakened, Maine people will be biggest losers."

Rowe noted that air pollution causes lung disease, and that lung disease is the number three killer of Maine people. Maine has the highest rate of asthma among adults in the nation. More than 100,000 Maine people suffer from chronic lung diseases such as asthma, emphysema, and chronic bronchitis.

The lawsuit will allege that the federal Environmental Protection Agency (EPA) is exceeding its authority and violating Congressional intent by enacting rules that weaken the Clean Air Act, which was passed in 1970. When Congress passed the Clean Air Act, its intention was to improve the environment and protect public health by lowering levels of air pollution. The Bush Administration's new rules and regulations would have the opposite effect of allowing air pollution levels to rise.

The oil, gas, electricity and coal industries have vigorously lobbied the Bush Administration to relax New Source Review requirements. This would allow their facilities to be upgraded without adding the required pollution controls on their smokestacks.

The EPA estimates that the changes announced today could exempt half of facilities from being subject to New Source Review. Despite moving forward with new rules, the EPA has yet to quantify how this sharp reduction in pollution controls will affect the environment or public health. However, credible researchers predict that air emissions will increase if the new EPA rules are put in place.

In a February 2002 letter to EPA Administrator Whitman, Rowe and eight other attorneys general called on EPA to fully document any secret contacts the EPA or the Energy Task Force had with outside parties regarding New Source Review revisions. To date, the Bush Administration has refused to turn over records relating to Energy Task Force meetings with industry lobbyists.

The following elements of the new rules are among those likely to be challenged by the state attorneys general lawsuit:

Adoption of a "clean unit" exclusion. The EPA will create a fifteen-year New Source Review exemption for a facility that has installed modern pollution controls in the past ten years. This would give a facility that installed technology that was not even state-of-the-art many years ago a blanket exception for emission increases well into the future.

Revised approach for calculating baseline emissions. EPA would allow facilities to set their "baseline" emission levels at the average of their highest two years of pollution out of the last ten years. Thus, polluters could significantly increase their emissions over current levels without installing pollution controls.

Plant-wide applicability limits. EPA will exempt polluters from New Source Review if they agree to a cap on their air pollution. The cap could be set higher than the facility's current emissions, even though the Clean Air Act intended air pollution to decrease.

The lawsuit will be filed in federal court in the U.S. Court of Appeals for the DC Circuit. The case will be filed when the regulations are published in the Federal Register, which is expected shortly.

SEARSPORT MAN SENTENCED TO PRISON FOR ARSON AND TRAFFICKING IN HASHISH

December 24, 2002

DECEMBER 19, 2002

LARA NOMANI, ASSISTANT ATTORNEY GENERAL
207-626-8800

JOHN DEAN, STATE FIRE MARSHAL
207-624-8964

Attorney General Steven Rowe announced today that Scott Brown, age 32, of Searsport was sentenced yesterday in Belfast on charges of Arson (class A), Trafficking in Hashish (class C), Attempted Trafficking in Hashish and Marijuana Cultivation (both class D).

The arson and drug charges stem from an investigation of a suspicious fire at a mobile home occupied by Brown at the Kinney Mobile Home Park in Searsport on January 5, 2002. Fire investigators from the State Fire Marshal's Office determined that the cause of the fire was from an attempt to manufacture hashish, a concentrated form of marijuana, using acetone and an electric heating plate. Brown left a mixture of the highly flammable acetone and marijuana to "cook" on the heating plate while he left the residence to go ice fishing.

Firefighters from Searsport Fire Department responded and suppressed the resulting fire. Fire Chief Derek Dunbar was the first fire fighter to arrive at the scene. He was joined by three members of the Cook family, Ronald Cook, Terry Cook, Jr., Terry Cook, Sr., as well as Captain Peter Garcelon and second in command Herbert Kronholm. The residence was substantially destroyed. A large quantity of marijuana and other hashish manufacturing equipment was found in a subsequent search of the fire scene. Brown was convicted after a jury trial on October 17, 2002. Yesterday, Maine Superior Court Justice Donald Marden sentenced Brown, a first offender, to five years in prison, with all but 9 months and one day suspended, to be followed by 4 years probation on the felony charges, and six month sentences on the misdemeanor charges, all to run concurrent with each of the other sentences. Conditions of probation will include no use or possession of illegal drugs, random searches and drug testing, and drug abuse screening and counseling if needed. The court also ordered Brown to pay restitution to the investigating agencies for some of the cost of the investigation. His sentence will begin after the appeal of his conviction is resolved.

State Fire Marshal John Dean said, "Our investigation showed that Mr. Brown's conduct placed the responding firefighters at serious risk. Acetone has a very low flash point and creates explosive vapors. For the firefighters, it was more like walking into a bomb than walking into a home."

Assistant Attorney General Lara Nomani, who prosecuted the case, said, "This case writes a new chapter in the book of the dangers of drug manufacturing and trafficking. Mr. Brown's long sentence and the fact that the firefighters were unhurt are among the only happy endings in that book." Attorney General Rowe commended the State Fire Marshal's Office and the Maine Drug Enforcement Agency for their investigation in the case.

COURT FINDS WEINSCHENK HOMES DEFECTIVE; SALE OF THEM UNFAIR AND DECEPTIVE TRADE PRACTICE

December 24, 2002

DECEMBER 23, 2002

CONTACT:
LINDA J. CONTI, ASSISTANT ATTORNEY GENERAL
207-626-8800

Attorney General Steven Rowe announced today that Maine Superior Court Justice S. Kirk Studstrup has declared that Frederic Weinschenk and Rick Weinschenk Builders, Inc., violated the Maine Unfair Trade Practices Act by building and selling defective homes in greater Portland. Weinschenk was the builder of the Cottage Park, Summer Place, and Willow developments. The Court ordered restitution to consumers in specific amounts totaling $221,256. In addition to the restitution, the Court permanently enjoined Weinschenk from building homes in Maine unless he:

Employs a professional engineer to certify that the home is built to applicable codes and generally accepted building practices;

  • Has all home building plans reviewed and stamped by a Maine licensed engineer or architect;
  • Submits copies of all advertising or promotional materials for Attorney General review; and
  • Submits copies of contracts and specifications for each home for Attorney General review. The judgment follows a six-day trial before Justice Studstrup without a jury in September.

The Court focused primarily on leaking roofs and windows in the Weinschenk homes, calling them "major defects" and the construction practices "substandard" in "a pattern which constitutes an unfair trade practice." The Court also cited a major crack in the foundation that "virtually bisects" one of the homes and called it "a prime example of poor workmanship."

Assistant Attorneys General Linda Conti and Carolyn Silsby handled the case for the State. Conti said, "We are very pleased that the Court ordered restitution and injunctive relief that will require Weinschenk to change his building practices."

Attorney General Rowe said that the case underscored the need for licensing of home building contractors and a statewide home building code. "All Mainers would agree with the Court that 'the quintessential definition of a house must include protection from the elements.' We need basic statewide building standards and a way to certify that builders know them."

STATE SETTLES CASE AGAINST MORTGAGE COMPANY FOR UNFAIR AND DECEPTIVE PRACTICES

December 24, 2002

DECEMBER 16, 2002
CARLOS DIAZ, ASSISTANT ATTORNEY GENERAL
207-626-8800
WILLIAM N. LUND, DIRECTOR, CONSUMER CREDIT REGULATION
207-624-8527

Attorney General Steven Rowe announced today that his office and the Office of Consumer Credit Regulation have filed a settlement of Maine's claims against Illinois mortgage lender Household International and its subsidiaries, Household Finance Corp., Beneficial Finance Corp., and Household Realty Corp. The companies have agreed with state regulators to change their lending practices and to pay $1,637,316 to Maine consumers as restitution for alleged unfair and deceptive lending practices between January 1, 1999 and September 30, 2002. During that period, Household International's subsidiaries, including Beneficial Finance Corp., loaned $137,417,209 to 2,194 Mainers. Beneficial has offices in Bangor, Augusta, Portland, and Biddeford.

Attorney General Rowe said, "There are great deals right now in mortgage loans, but there are also loan disasters made to look like loan deals. This case reminds us all to be careful consumers, to shop around, and to ask a lot of questions."

Maine's case is part of a $484 million settlement that includes all 50 states and the District of Columbia. Each state's share of the restitution fund is proportional to the state's percentage share of Household's total real estate loan secured dollar volume. Consumers who are affected will be contacted by the national settlement administrator in the next 2-3 months about their right to receive a restitution payment. It is expected that it could take up to 6 months before restitution payments are actually received by affected consumers.

Assistant Attorney General Carlos Diaz, who handled the case for the State, said, "These lenders preyed on borrowers in the so-called "sub-prime" market, those who could scarcely afford the known costs, let alone the hidden ones. We are pleased to recoup restitution for those people."

The multi-state investigation found that Household failed to properly inform consumers of loan costs and insurance premiums that were included in their loans. In other cases, borrowers who were led to believe they were receiving interest rates of about seven or eight percent were actually charged nearly twice that much. Borrowers also complained that they were charged costly prepayment penalties that were not clearly disclosed to them.

William Lund, Director of Maine's Office of Consumer Credit Regulation, indicated that "We believe that these practices have not been as prevalent in Maine as in other parts of the country. However, we know that a number of Maine consumers have been subjected to these practices and that those consumers deserve to receive this restitution." Lund also indicated that the Office of Consumer Credit Regulation will be posting Frequently Asked Questions about the settlement on its website at www.MaineCreditReg.org. Consumers may also contact the Office of Consumer Credit Regulation at 1-800-DEBT-LAW (1-800-332-8529) with any questions.

Under the settlement, Household agreed to:

* Pay up to $484 million in restitution to consumers nationwide.
* Limit prepayment penalties on current and future loans to the first two years of a loan.
* Ensure that new loans actually provide a benefit to consumers prior to making the loans.
* Limit up-front points and origination fees to 5%.
* Reform and improve disclosures to consumers.
* Reimburse states to cover the costs of the investigations into Household's practices.
* Eliminate "piggyback" second mortgages.

ROWE SAYS STATE, FEDERAL DO-NOT-CALL LISTS WILL WORK TOGETHER

December 3, 2002

DECEMBER 19, 2002
STEVEN ROWE, ATTORNEY GENERAL
207-626-8599

Attorney General Steven Rowe said today that Mainers should place their names on Maine's telemarketing do-not-call list, even though the federal government may soon maintain a national do-not-call list. (See www.ftc.gov for more information.) The Federal Trade Commission (FTC) announced new rules yesterday that will expand the federal role in regulating the telemarketing industry, which now makes 104 million calls each day and makes $278 billion annually, according to published reports.

"When the federal list becomes active, we will put the Mainers who have registered through our site on that list as well. At that time, Maine people will be protected by both State and federal law," said Rowe.

Maine is one of only about half of the states that currently require telemarketers to remove from their call lists the names of consumers who sign up for a central list. "The attorneys general have been assured by the FTC that we will retain the authority to enforce the state and federal laws controlling telemarketing. I am optimistic that we can all work together to provide increased protection for consumers," said Rowe.

Since the Maine AG's Office offered online do-not-call registration in late September, 26,346 Mainers have signed up.

MAINE SETTLES CASE AGAINST FORD OVER TIRE SAFETY AND ADVERTISING ISSUES

December 24, 2002

DECEMBER 23, 2002

CONTACT:
CARLOS DIAZ, ASSISTANT ATTORNEY GENERAL
207-626-8846

Attorney General Steven Rowe today announced that Maine has joined 52 other jurisdictions in settling with Ford Motor Company to resolve allegations of deceptive trade practices relating to the sales and advertising of Ford sport utility vehicles (SUVs).

The states alleged that Ford continued to use Firestone ATX and Wilderness AT tires even after the company knew the tires had an unacceptably high failure rate and that using the tires made Ford SUVs more likely to roll over. The states also alleged that Ford advertising exaggerated the safe loading capacity and maneuverability of Ford SUVs, and that Ford deceptively advertised aftermarket tires as original equipment tires. Ford denied any wrongdoing.

The states will use $30 million from the Ford settlement to mount a nationwide public service consumer education campaign on SUV safety. Also, each of the 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands will receive a payment of $300,000. The remainder will be used to pay the costs of the states' investigation. Ford already has spent approximately $2 billion to replace tires in the 53 jurisdictions. The settlement does not preclude any individual's right to assert legal claims against Ford.

Last year, Maine joined other states in settling claims against Bridgestone/Firestone related to the advertising and sale of tires that had high rates of tread separations. That settlement resulted in $275,000 for Maine's General Fund. Details of that settlement can be found at http://www.maine.gov/ag/pr/oct_nov2001/110801.html.

Assistant Attorney General Carlos Diaz, who handled the cases for Maine, said, "The attorneys general are telling manufacturers that ignoring or glossing over consumer safety problems is not worth the cost."

Other Ford Settlement Provisions:

  • The settlement prohibits Ford from making misrepresentations about the cargo capacity, safety and handling characteristics of their SUVs, or the purpose of any recall or recommended inspection. This includes prohibiting Ford from using the term "car-like" in advertising with respect to the steering and handling of its SUVs.
  • The company must have reliable scientific evidence to substantiate any representations about vehicle safety, performance or durability.
  • Ford must provide safety information about cargo loading and vehicle handling to each consumer who buys a Ford SUV and provide Spanish language owners' guides upon request.

In the agreement, Ford spelled out a number of consumer education initiatives that it will launch in the coming year. Ford also agreed to abide by all state and federal laws governing SUV safety, including a federal regulation that requires manufacturers of SUVs with a wheelbase under 110 inches to alert purchasers that those vehicles have a higher possibility of rollover than other vehicle types. Ford will advise consumers of steps they can take to reduce the potential for rollover or rollover-related injuries.

BROWNFIELD PAIR ENJOINED OVER RACIALLY MOTIVATED ASSAULTS

April 11, 2003

APRIL 11, 2003

CONTACT: LEANNE ROBBIN, ASSISTANT ATTORNEY GENERAL
207-626-8581

Attorney General Steven Rowe announced today that the Maine Superior Court
granted the Attorney General's request for a preliminary injunction under the Maine Civil Rights Act against Roseanne Hinds and Frank Warren of Brownfield following a full hearing Thursday in South Paris. Assistant Attorney General Leanne Robbin showed that in April 2001, Hinds and Warren threatened students at Fryeburg Academy using racial epithets and that Hinds assaulted two of the students on the campus.  Hinds later pled no contest and was found guilty of the assaults.  In August 2002, Hinds and Warren assaulted a 19-year old African-American woman who had come to their home to speak with their niece.  The assault on this woman, like the assaults on the Fryeburg Academy students, was racially motivated. The court's order prohibits Hinds and Warren from entering the Fryeburg Academy campus or coming within 150 feet of any of the victims or their families. 

Robbin said, "Despite what many of us would like to believe, hate violence
exists in our schools and communities.  We will continue to aggressively
enforce the Maine Civil Rights Act and to work with Civil Rights Teams in
schools to make Maine a safer place for everyone."

MAINE SETTLES CASE AGAINST IRONITE

December 24, 2002

DECEMBER 23, 2002

CONTACT:
DENNIS HARNISH, ASSISTANT ATTORNEY GENERAL
207-626-8800

Attorney General Steven Rowe announced today that his office has reached a settlement in a suit brought in April of this year against Ironite Products Company (IPC), the makers of Ironite, which is a soil supplement made from byproducts of an Arizona mining operation. Ironite was sold in Maine stores as a soil amendment until the Attorney General brought this lawsuit.

The suit alleged that IPC failed to obtain from the Maine Department of Environmental Protection (DEP) the permit required for selling fertilizer made from or containing solid waste. The DEP application process is intended to insure the safety of the product.

The settlement requires IPC to withhold Ironite from the Maine market unless it proves to DEP or a Maine court that the product is either safe to use or is not made from solid waste.

Attorney General Rowe said, "The DEP and the State Toxicologist have expressed serious concerns about the metals in Ironite. I am pleased that we were able to work together to keep Ironite out of Maine until those concerns are put to rest."

COOPERATION AMONG AREA LAW ENFORCEMENT NETS ANOTHER HERION TRAFFICKER

August 24, 2002

AUGUST 30, 2002
CONTACT: LARA NOMANI, Assistant Attorney General
207-626-8800

Attorney General Steven Rowe reported today that Edwin R. Baird, age 31, of Liberty, Maine was sentenced Wednesday for Trafficking in Heroin (Class B). Baird sold five bags of heroin to a police informant on April 18, 2002 in Belfast. Maine Superior Court Justice John Atwood sentenced Baird to serve six years in prison, with all but eighteen months suspended. Once released from prison, Baird will be on probation for four years. His conditions of probation require him to completely abstain from the use or possession of alcohol, illegal drugs and firearms, to agree to random drug searches, to undergo drug counseling, and to pay restitution.

In announcing the sentence, Attorney General Steven Rowe stated: "The alarming increase in opiate related deaths underscores the threat that heroin traffickers pose to our communities. First time offenders, such as Mr. Baird, can expect that they will be aggressively prosecuted and serve lengthy sentences upon conviction."

The case was investigated by the Maine Drug Enforcement Agency, with assistance from the Waldo County Sheriff's Office and Maine State Police. Assistant Attorney General Lara Nomani, who prosecuted the case, commended the recently created Waldo county drug task force, stating, "The collaborative effort among state, local and county law enforcement agencies is proving to be enormously successful in combating the drug trade in Waldo County."

COOPERATION AMONG AREA LAW ENFORCEMENT NETS ANOTHER DRUG TRAFFICKER

December 19, 2002

DECEMBER 26, 2002

CONTACT:
LARA M. NOMANI, ASSISTANT ATTORNEY GENERAL
207-626-8800

Attorney General Steven Rowe reported today that Edward Mylen, III, age 23, of Searsport, Maine was sentenced Wednesday on two class B felony charges of Trafficking in Cocaine. Mylen was charged with selling 1 gram of cocaine on April 5, 2002 and a second gram of cocaine on April 9, 2002. Both sales occurred in Belfast. Superior Court Justice Joseph Jabar sentenced Mylen to serve five years in prison, with all but two years suspended. Once released from prison, Mylen will be placed on probation for the maximum period of four years. His conditions of probation will require him to completely abstain from the use or possession of all illegal drugs, to agree to random drug searches, to undergo drug counseling, and to pay restitution for the costs incurred during the course of the drug investigation.

The case was prosecuted by the Assistant Attorney General Lara Nomani, and was investigated by the Waldo County Sheriff's Office, Maine State Police and the Belfast Police Department. In announcing the sentence, Justice Jabar cited the enormous problems drug addiction and trafficking have presented to the communities in central and mid-coast Maine. He additionally recounted the alarming rise in overdose deaths that have plagued Maine this year. Prosecuting attorney Lara M. Nomani commended the recently created Waldo County Drug Task Force, stating, "The collaborative effort among state, local and county law enforcement agencies is proving to be enormously successful in combating the drug trade in Waldo county."

STATE OFFICIALS TO PRESENT DRUG DEATH DATA ANALYSIS AT PRESS CONFERENCE

December 26, 2002

DECEMBER 26, 2002

CONTACT:
JESSICA MAURER, SPECIAL ASSISTANT ATTORNEY GENERAL
207-626-8515

Attorney General Steven Rowe, Chief Medical Examiner Margaret Greenwald, and Office of Substance Abuse Director Kimberly Johnson will present a landmark report entitled Maine Drug Death Mortality Patterns: 1997-2002 at a press conference tomorrow,
Friday, December 27, 2002 10:00 a.m.
Rm. 600, 6th Floor,
Burton Cross State Office Building
Augusta

A joint press release will issue at approximately the same time and will be disseminated to press conference attendees. It will also be sent to the Attorney General's list of email media contacts, and to the Attorney General's list of fax media contacts. Please contact Jessica Maurer at the above number to be added to either of these lists.

STATE OFFICIALS PRESENT DRUG DEATH DATA ANALYSIS

December 27, 2002

Available online at: www.maine.gov/ag/pr/drugreport.pdf

DECEMBER 27, 2002

CONTACT:
STEVEN ROWE, ATTORNEY GENERAL
207-626-8599
MARGARET GREENWALD, M.D., CHIEF MEDICAL EXAMINER
207-624-7170
KIMBERLY JOHNSON, DIRECTOR, OFFICE OF SUBSTANCE ABUSE
207-287-6342



Attorney General Steven Rowe, Chief Medical Examiner Margaret Greenwald, and Office of Substance Abuse Director Kimberly Johnson today presented a landmark report entitled Maine Drug Death Mortality Patterns: 1997-2002. The report, authored by Dr. Marcella H. Sorg of the Margaret Chase Smith Center for Public Policy at the University of Maine and Chief Medical Examiner Dr. Margaret Greenwald, measures for the first time the nature and extent of Maine's epidemic of deaths related to drugs.

Key findings of the report are:

* Four-fold increase in drug deaths in Maine over last five years;
* Increase due mainly to accidental overdoses;
* Vast majority of deaths attributable to prescription drugs; and
* Drug deaths approximately evenly distributed across state on a population basis.

Attorney General Rowe stated, "Prescription and illicit drug abuse is killing Mainers at an alarming rate. This report defines the complexity of the problem and provides a foundation upon which to build future drug abuse policy."

Report author Dr. Marcella Sorg said, "It is essential that public policy be based on accurate information, particularly for such an urgent and complex topic. On behalf of the Margaret Chase Smith Center for Public Policy and the University of Maine, I am pleased to present this study to Maine policymakers for their consideration."

Chief Medical Examiner Dr. Margaret Greenwald initiated the study because she became disturbed by the dramatic annual increases in drug overdoses. All drug deaths become medical examiner cases. Noting that the average age of drug death victims is 40 and that nearly 80% of them have a high school education or greater, Dr. Greenwald said, "Having to deal with the tragedy of these needless deaths is one of the most unfortunate aspects of my job. It is my hope that by working together, we can reduce the rapid growth of this problem."

Office of Substance Abuse Director Kimberly Johnson said that the report illustrates the dire need for early intervention by health professionals. "One of the many lessons of these data is that doctors and pharmacists need access to better information about their patients, about who is getting prescriptions from whom and for what. Maine needs electronic prescription monitoring. No health professional wants to be an unwitting enabler of addiction."

Attorney General Rowe praised the Legislature for passing new laws last year requiring doctors to use tamper-proof prescription pads for narcotics and tightening the criminal code to better address illegal narcotic diversion and importation. He expressed confidence that much more would be done in the coming months. "Our Legislature has made great strides in substance abuse prevention and treatment in the last few years, but there is much more to do. The data in this report will help shape future solutions to this serious problem."

Drs. Sorg and Greenwald analyzed medical examination and toxicological testing files for Maine drug deaths dating from January of 1997 through the first six months of 2002. The Maine Justice Assistance Council and the Office of Substance Abuse provided funding for the report. The Office of Chief Medical Examiner, the Attorney General's Office, and the University of Maine provided direct project support.

ATTORNEY GENERAL FILES CIVIL RIGHTS ENFORCEMENTACTION AGAINST LEWISTON MAN

December 24, 2002

DECEMBER 31, 2002

CONTACT:
STANLEY W. PIECUCH, ASSISTANT ATTORNEY GENERAL
207-626-8818
THOMAS HARNETT, ASSISTANT ATTORNEY GENERAL
207-626-8897

Attorney General G. Steven Rowe announced today that his office has filed a civil enforcement action under the Maine Civil Rights Act against a Caucasian man who allegedly threatened an African American man in Lewiston on August 2, 2002.

The complaint, filed in the Superior Court for Androscoggin County, alleges that Roland W. Spencer, 40, of Lewiston, threatened the 48-year-old African American man and made racially derogatory remarks to the man's companion, a 47-year-old Caucasian woman. According to the complaint, Spencer threatened to kill the African American man and damage his van. Even after he was arrested, Spencer allegedly continued to utter racial epithets, telling the arresting officer that, once he was released on bail, he would kill the African American man.

The Attorney General's complaint seeks to permanently enjoin Spencer from any further threats or acts of violence, property damage, and trespass against the victims or others motivated by bias. "Such conduct must not, and will not, be tolerated," Rowe said.

Rowe commended the Lewiston Police Department for its investigation of the incident. The department referred the case to Rowe's office for possible action under the Maine Civil Rights Act.

NINE STATES SUE BUSH ADMINISTRATION FOR GUTTING KEY COMPONENT OF CLEAN AIR ACT

December 24, 2002

DECEMBER 31, 2002

CONTACT:
NY - Marc Violette, 518-473-5525
CT - Maura Fitzgerald, 860 808 5324
ME - AG G. Steven Rowe, 207 822 0260
MD- Sean Caine, 410 576 6357
MA - Sarah Nathan, 617 727 2543
NH - Jennifer Patterson, 603 271 3679
NJ - Carol Gaskill, 609 292 4791
RI - Judy Kearns, 401 274 4400
VT - Erick Titrud, 802 828 5518

Nine states today filed a lawsuit challenging new Bush Administration regulations that gut a key provision of the federal Clean Air Act. The Administration's action represents the first major weakening of the landmark federal environmental law since it was signed into law by President Nixon in 1970.

The changes initiated by the Bush Administration would exempt thousands of industrial air pollution sources, including coal-fired power plants, from the New Source Review provision of the Clean Air Act. New Source Review requires power plants and other industrial facilities to add modern air pollution controls to smokestacks when the facilities are upgraded or modified and substantially increase air pollution.

New Source Review is the foundation of a series of lawsuits brought by the states, the federal Environmental Protection Agency and environmental groups in 1999, 2000 and 2001 against dozens of old coal-fired power plants and other industrial sources.

From its first days in office, the Bush Administration has criticized New Source Review and sought to undermine its implementation, despite the prior filing of the clean air lawsuits by the federal government and despite the conclusion of U.S. Attorney General John Ashcroft's Department of Justice that the New Source Review lawsuits are legally sound.

By adopting new regulations that will lead to dirtier air, the Bush Administration is violating the Clean Air Act. Congress passed the Clean Air Act intending that the Environmental Protection Agency use its powers to sharply reduce air pollution across the nation. Since 1970, successive Democratic and Republican administrations have either strengthened the Clean Air Act or left it untouched. The Bush Administration is the first in three decades to attempt deliberately to gut key components of the Clean Air Act.

The changes made today are particularly damaging because, unlike the draft version of the regulations, the Bush Administration has made the new rules effectively mandatory for all states, potentially undermining any state's ability to adopt stronger clean air protections. Also, the final regulations give facilities -- including those that EPA and the states accuse of violating the law -- significant unmonitored discretion to determine when the law applies.

MAINE AND EIGHT OTHER STATES FILE CLEAN AIR SUIT AGAINST FEDERAL ENVIRONMENTAL PROTECTION AGENCY

December 24, 2002

DECEMBER 31, 2002

CONTACT:
STEVEN ROWE, ATTORNEY GENERAL
207-822-0493/207-626-8599

Maine Attorney General Steven Rowe today joined eight other State attorneys general from the Northeast and Mid-Atlantic States in filing a federal lawsuit against the Bush Administration for endangering air quality by gutting a critical component of the federal Clean Air Act.

The lawsuit alleges that the federal Environmental Protection Agency (EPA) has exceeded its authority and violated Congressional intent by enacting regulations that weaken the Clean Air Act, which was passed in 1970. These new regulations propose to significantly alter the "New Source Review" requirements previously imposed under the Clean Air Act, which require that industrial plants add modern air pollution controls when they are upgraded or modified.

"I find it incredible that we would have to resort to a lawsuit to prevent the Bush Administration from gutting the Clean Air Act. Our national government should be looking out for the health interests of American people, rather than the corporate financial interests of dirty power plants," Rowe stated.

The nine attorneys general said that this major weakening of the Clean Air Act will further degrade air quality in the Northeast and mid-Atlantic states, regions already struggling with poor air caused in significant part by industrial pollution carried into the region on prevailing winds.

"The Clean Air Act benefits Maine people most because we are located at the end of our nation's "air pollution tailpipe." We already have the highest adult asthma rate in the nation. If the Bush Administration is successful in its efforts to significantly weaken this important law, Maine people will clearly be the biggest losers."

These regulatory changes, which had been in the works for months, were announced by Environmental Protection Agency Administrator Christine Todd Whitman on November 22, 2002 - the Friday before Thanksgiving - and were adopted by publication in the Federal Register today - New Years Eve. The Attorneys General lawsuit was filed today, immediately upon the adoption of these changes, in federal court in the U.S. Circuit Court of Appeals for the District of Columbia Circuit.

In the suit, the Attorneys General from Connecticut, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont ask the court to invalidate the new regulations as being inconsistent with the federal Clean Air Act. The Attorneys General believe that these changes are so sweeping and damaging that the EPA cannot make them without Congressional approval. The suit alleges that the rollbacks violate both the Clean Air Act itself and the Administrative Procedure Act, which sets forth the process government agencies must follow to promulgate regulations.

The new regulations promulgated by the Bush Administration would exempt up to 50 percent of industrial facilities, including coal-fired power plants, from the New Source Review provision of the Clean Air Act. New Source Review requires that industrial plants add modern air pollution controls when they are upgraded or modified.

The federal Energy Task Force, chaired by Vice President Cheney, first proposed the lifting of the New Source Review requirements in May 2001. A year later, EPA submitted its report to the President announcing that it would "reform" its New Source Review regulations. While the Bush Administration claims these changes are similar to those considered by the EPA in 1996, they are more damaging to the environment. Former EPA Administrator Carol Browner told Congress that EPA abandoned the 1996 draft proposals because of their adverse environmental impact.

NASCAR PYRAMID HITS WALL

January 19, 2003

JANUARY 6, 2003

CONTACT:
LINDA CONTI, ASSISTANT ATTORNEY GENERAL
207-626-8800

A judge ruled Friday that Theodore McLeod, Jr., of Hermon violated the Maine Unfair Trade Practices Act by organizing a pyramid scheme with a car racing theme in the spring of 2001. In addition to awarding the State the costs of bringing the suit, Maine Superior Court Justice Kirk Studstrup ordered McLeod to file with the court a complete accounting of the funds McLeod received in connection with the pyramid scheme so that Studstrup may determine what amounts of restitution and disgorgement to order. Restitution focuses on making whole the victims of illegal activity, while disgorgement focuses on preventing the wrongdoer from profiting from his wrongdoing without a focus on individual victims.

The "NASCAR" or "Car Club" pyramid was organized as a "car racing team" with a driver, two crew chiefs, four pit crew members, and eight fans. The fans were at the lowest level and paid $5,000 each to the driver in order to participate. When the driver received the $40,000 total from the fans, the team split in two, and all participants advanced to the next level, with each of the crew chiefs poised to retire as drivers with $40,000 from newly recruited fans. When the stream of $5,000 fans dries up, the pyramid collapses and the last three recruited in to the clubs never recover their losses. Pyramid schemes are prohibited under Maine law.

The court found that McLeod was "active and prominent in the organization and promotion of the car clubs," and agreed with the Attorney General that the clubs were illegal pyramid schemes. The court also found that McLeod hosted recruiting gatherings at his garage and made promotional speeches falsely asserting that the clubs were not illegal pyramids, that an attorney had been retained to guarantee the legality, that members could get out any time they wished, and that he kept a fund to provide refunds to those who wished to leave.

While the State pursued the case as a civil matter, the court found that there was "more than a sufficient factual basis" to find "beyond a reasonable doubt" that McLeod violated the law prohibiting pyramid schemes.

Attorney General Steven Rowe said, "At long last, following a full and fair trial, we have a court definitively declaring these 'gifting clubs' to be illegal pyramids. The case proves what we have said all along — a deal that seems too good to be true probably is."

Assistant Attorney General Linda Conti, who handled the case for the State, said that two more pyramid trials are scheduled later this month, and another is pending but not scheduled. "We believe that the courts will continue to find these schemes illegal and make the organizers pay for what they have done."

COURT APPROVES ORDER PROHIBITING SALE OF SNOWMOBILES WITHOUT A FRANCHISE

January 24, 2003

JANUARY 10, 2003

CONTACT:
LEANNE ROBBIN, ASSISTANT ATTORNEY GENERAL
207-626-8581

Attorney General Steven Rowe announced today that his office has obtained an order from the Superior Court against Harry's Used Sales of Linneus, Maine, enjoining the dealership from selling new snowmobiles or all-terrain vehicles without a franchise from the relevant manufacturer. The State alleged that Harry's Used Sales was purchasing new snowmobiles and all-terrain vehicles from dealers in Canada at prices below the wholesale prices paid by franchised dealers in Maine. By offering the Canadian vehicles for sale, Harry's Used Sales potentially placed other Maine dealers with a valid franchise at a competitive disadvantage. In addition, sales of such machines could harm consumers, in that the purchasers of new snowmobiles or all-terrain vehicles from non-franchised dealers do not get the benefit of the manufacturers' warranties or notices of recalls due to possible manufacturing defects.

The court's order enjoins Harry's Used Sales from offering any new snowmobiles or all-terrain vehicles for sale without a valid franchise from the manufacturer. In addition, Harry's Used Sales is required to maintain records of all machines sold for five years and to make such documents available to the Attorney General for inspection upon request.

On July 25, 2002, a new law came into effect making it illegal to sell or offer for sale new snowmobiles or all-terrain vehicles without a franchise from the manufacturer. This is the first enforcement action filed under the new law.

COMPETITION IN SOLID WASTE INDUSTRY ERODING; DISPOSAL FEES RISING

January 24, 2003

JANUARY 15, 2003

CONTACT: FRANCIS ACKERMAN, ASSISTANT ATTORNEY GENERAL
207-626-8800

Competition in Maine's solid waste industry is eroding and disposal fees are rising, according to a report issued this week by the Office of Maine Attorney General Steven Rowe. The report, An Analysis of Competition in Collection and Disposal of Solid Waste in Maine, was co-authored by University of Maine economist Dr. Ralph Townsend and Assistant Attorney General Francis Ackerman.

It makes several key findings about the competitive health of the waste hauling and disposal industry in Maine, and offers legislative recommendations. The Attorney General's analysis should be of particular interest to municipal officials around the State. Waste hauling and disposal is a very significant item in municipal budgets. Among the report's key findings:

• Significant consolidation in the industry over the past 15 years has raised concerns that competition may be eroding;

• Maine's ban on new commercial landfills reduces potential competition;

• Out-of-state competition is insufficient to restrain rising disposal fees; and

• Competition in the waste hauling sector is hampered by the use of self-renewing, so-called "evergreen" contracts, which are used to "lock up" commercial collection business.

The report proposes several remedial measures to restore competition, and guard against further price increases. Specifically, the Attorney General will submit legislation:

(1)  restricting the use of evergreen contracts;

(2)  expanding the data collection and market monitoring role of the State Planning Office; and

(3)  requiring the State Planning Office to propose corrective action if it appears that declining disposal capacity could generate supracompetitive price increases and windfall profits.

Report co-author AAG Francis Ackerman said, "On the disposal side, careful monitoring will be necessary to ensure against further erosion in competition and further price increases. Evergreen contracts erect a significant barrier to competition among haulers, and merit legislative restrictions."

"Waste disposal companies provide an essential service," said Attorney General Rowe. "Maine businesses and municipalities must have reasonable competitive options for collection and disposal of solid waste."

SOUTHERN MAINE NURSE GUILTY OF DRUG, FORGERY CHARGES

January 24, 2003

JANUARY 17, 2003

CONTACT:
MARCI A. ALEXANDER, ASSISTANT ATTORNEY GENERAL
207-626-8870

Attorney General Steven Rowe announced today that Kathy L. Smith of Saco, a registered nurse, pled guilty in York County Superior Court earlier this week to one count of forgery (Class D) and two felony counts of Acquiring Drugs by Deception (Class C). Smith was sentenced to one year in jail, all but 60 days suspended, with two years of probation and a total fine of $750.

Smith was working as a registered nurse at a hospital in southern Maine when she diverted morphine sulfate, a prescription painkiller, from two patients at the hospital. Smith also stole a prescription pad from the hospital and forged a prescription for MS Contin, another prescription painkiller. She signed a physician's name and submitted it to a local pharmacy to be filled. The pharmacist became suspicious because of Smith's unusual behavior and poor signature forgery.

The hospital, the pharmacy, and the State licensing agencies cooperated to ensure that Smith was brought to justice. Detective Christine Baker of the Maine Attorney General's Office Healthcare Crimes Unit investigated the case.

FINDINGS OF THE ATTORNEY GENERAL REGARDING THE INVESTIGATION OF THE POLICE USE OF DEADLY FORCE AGAIN

January 24, 2003

JANUARY 27, 2003

CONTACT:
CHARLES DOW, SPECIAL ASSISTANT ATTORNEY GENERAL
207-626-8599

Attorney General Steven Rowe announced today that a State Police trooper, Clifford Peterson, was legally justified when he shot and wounded Rodney E. Williams, 27, in Ellsworth the afternoon of December 23, 2002.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Trooper Peterson in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force in the performance of the officer's duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person is also deadly force under Maine law.)

Attorney General Rowe determined that, based on his office's investigation and legal analysis, Trooper Peterson actually and reasonably believed that unlawful deadly force had been used moments previously by Rodney Williams against another trooper, Sgt. Kelly Barbee, and that Williams continued to pose an imminent threat of further unlawful deadly force against the officers and citizens. The investigation and legal analysis also determined that Trooper Peterson actually and reasonably believed that deadly force on his part was necessary to protect himself and the others from death or serious bodily injury. Therefore, both requirements of law having been met, the use of deadly force by Trooper Peterson was legally justified.

The Attorney General reported the following findings from his office's investigation:

During the late morning of December 23, 2002, a Waldo County deputy sheriff was transporting Rodney E. Williams and a second inmate from the Waldo County Jail in Belfast to the Maine Correctional Center in South Windham. The deputy sheriff was driving a marked Waldo County sheriff's office cruiser. Neither inmate was restrained and both rode in the rear seat of the cruiser, shielded from the deputy by a Plexiglas barrier. Williams persuaded the deputy to stop the cruiser on the side of the road on Route 3 in Palermo by telling the deputy that he (Williams) was sick to his stomach. After the deputy assisted Williams from the vehicle, Williams physically overpowered the deputy and took his service weapon, a .40 caliber semi-automatic pistol. Williams then ordered the deputy at gunpoint to resume driving, reverse direction, and to drive back toward Belfast. The second inmate remained in the rear seat of the vehicle, while Williams sat in the front seat of the vehicle, directing the deputy to Belfast and then north along Route 1. Somewhere enroute, Williams put on the deputy's uniform jacket. At Williams' direction, the deputy eventually came to a stop at a gravel pit in Penobscot in Hancock County where Williams compelled the deputy to place an end of a leg shackle on one of the deputy's wrists, and then escorted the deputy at gunpoint into a wooded area. With Williams and the deputy out of view, the second inmate got out of the cruiser and ran off into a wooded area to hide. The second inmate, upon hearing the cruiser leave the gravel pit, came out of hiding and met up with the deputy sheriff. The deputy and inmate were eventually successful in flagging down a vehicle, the driver of which drove the pair to a local grocery where the deputy called authorities to report that his cruiser and service weapon had been commandeered by Williams.

The deputy's noontime report to authorities resulted in three Hancock County deputies leaving Ellsworth in different directions at about the same time in search of the Waldo County cruiser. Just outside of Ellsworth, two of the deputies spotted the cruiser driving on Route 172 toward Ellsworth from the Blue Hill area. The sighting was reported by radio to the other Hancock County deputy. All three deputies turned around and drove back toward Ellsworth in an attempt to overtake and stop the Waldo County cruiser. In the meantime, Trooper Clifford Peterson was just leaving the State Police field office in Ellsworth when he heard the radio traffic of the Hancock County deputies and, from the nature and tone of the traffic, concluded that the deputies were in pursuit of a vehicle. He drove toward downtown Ellsworth. At about the same time, Sgt. Kelly Barbee of the State Police, off duty and with his daughter, was just leaving a store on lower Main Street in Ellsworth when he observed the Waldo County cruiser near the intersection of Main Street and Water Street. Sgt. Barbee, in civilian clothes and unarmed, was unaware of the report of an escapee or a stolen cruiser. Sgt. Barbee said the noise of the cruiser's tires and engine drew his attention just as the cruiser, seemingly out of control, traveled into the oncoming lane of Main Street and then across both lanes of travel, striking a parked vehicle and coming to a stop after jumping the sidewalk curb and crashing into a storefront about 50 feet from where Sgt. Barbee and his daughter were standing.

ROWE ANNOUNCES MAINE'S PARTICIPATION IN $80 MILLION PRESCRIPTION ANTITRUST SETTLEMENT

January 24, 2003

JANUARY 28, 2003

CONTACT:
JOHN BRAUTIGAM, ASSISTANT ATTORNEY GENERAL
207-626-8867

Attorney General Steven Rowe today announced a proposed settlement for $80 million involving the popular heart medication Cardizem CD. The fifty-state settlement resolves an antitrust lawsuit filed by the Maine Attorney General and multiple other state attorneys general against Aventis Pharmaceuticals Inc. ("Aventis"), Andrx Corporation ("Andrx") and affiliated entities. Maine's precise share of the settlement has not yet been determined, but it will be shared by consumers, state agencies, and insurance companies that paid higher prices for Cardizem CD or its generic equivalent between 1998 and January 2003. Aventis and Andrx previously paid $110 million to settle a case brought by drug wholesalers involving the same allegations.

Maine's lawsuit alleged that Aventis and Andrx illegally agreed that Andrx would stay off the market with a less expensive generic version of the drug Cardizem CD in return for Aventis paying Andrx nearly $90 million. The lawsuit alleged that delays in bringing the generic drug to market resulted in higher prices for purchasers of the drugs. "Maine's antitrust laws prohibit agreements between competitors that limit consumer choice and drive up prices. We believe the Cardizem deal did just that," said Assistant Attorney General John Brautigam, who handled the case for the State.

"This case is a warning to big drug manufacturers that we will scrutinize questionable business practices that drive up prices for consumers. We will fight for affordable access to prescription drugs in any court for as long as it takes," said Attorney General Rowe.

The proposed settlement was filed yesterday with U.S. Federal District Court Judge Nancy Edmunds in Detroit and requires approval from the court to become effective. If Judge Edmunds approves the settlement, Attorney General Rowe will implement a claims administration process this summer for consumers who purchased Cardizem CD or its generic equivalent at any time between January of 1998 and January 2003.

STATE AG: BUSH ADMINISTRATION IS LEGALLY OBLIGATED TO ADDRESS CARBON DIOXIDE, GLOBAL WARMING

January 24, 2003

Attorneys General Warn That Pollution Poses Serious Health, Environmental Risks to the Northeast
Notice of Intent to Sue posted on the web at:
http://www.maine.gov/ag/pr/climatechangenoi.pdf

JANUARY 30, 2003

CONTACT:
STEVEN ROWE, ATTORNEY GENERAL
207-626-8599

Calling on the Bush Administration to take steps to protect the public health, environment and economy from the dangers posed by an ever-increasing global warming problem, Attorneys General from three New England states today announced plans to file a lawsuit requiring the Environmental Protection Agency (EPA) to regulate carbon dioxide.

Stating that the EPA has a mandatory duty to regulate carbon dioxide under the Clean Air Act, Massachusetts Attorney General Tom Reilly, Connecticut Attorney General Richard Blumenthal and Maine Attorney General Steven Rowe today issued a formal letter notifying EPA Administrator Christine Todd Whitman of their intent to sue.

"Carbon dioxide emissions will likely cause or contribute to wide-ranging, adverse changes to just about every aspect of the environment, public health and welfare throughout the Northeast," the Attorneys General state in their letter to Whitman. The six-page letter provides the framework for a lawsuit alleging that under the Clean Air Act, EPA is legally obligated to regulate carbon dioxide as a "criteria air pollutant." By failing to do so, the Attorneys General allege, EPA is violating the Clean Air Act.

Today's notice follows a July letter that Attorneys General Reilly, Blumenthal, Rowe and other state Attorneys General, sent to President Bush identifying global warming as the "most pressing environmental challenge of the 21st century." The letter, issued on July 17, pointed to the May release of the U.S. Climate Action Report 2002, a comprehensive report that the EPA had a lead role in preparing, which confirms the dangers of global climate change and projects that its primary cause, emissions of greenhouse gases - carbon dioxide produced from the combustion of fossil fuels - will increase by 43 percent by 2020.

"In the face of continued inaction, we, at the state level, have no choice but to use the remedies available to us to fill the void left at the federal level, " AG Reilly said. "Global warming will wreak havoc on our health, environment and economy if we don't address it with some immediacy. By failing to take action, the Bush Administration is gambling with the future of our children."

"This Administration's non-policy on greenhouse gas emissions is to do nothing and study everything. Now is the time for action, not more study. Unless we force federal action, carbon dioxide will cause more disease, health damage, and weather extremes, including both droughts and flooding," Connecticut AG Richard Blumenthal said. "The recent cold spell offers scant comfort: global warming is an unavoidable result of inaction on greenhouse gas emissions."

"Continued uncontrolled carbon dioxide emissions will have adverse health effects for Maine people, including increased asthma and other chronic respiratory disorders. Insect-borne diseases such as Lyme disease and West Nile virus will be a growing problem," said Maine Attorney General Steven Rowe. "These emissions will also hurt our state's economy. Our forests and coastal waters will see major changes in species mix, altering the delicate balance in those ecosystems. Coastal lands and beaches will erode. Inland lakes and ponds will be more likely to suffer choking algae blooms."

Rowe added, "Mainers will not remain silent while the federal government neglects its duty to regulate pollutants. On behalf of all Mainers, especially future generations, we must demand that the federal government perform its duty under the law."

Under the notice provisions of the Clean Air Act, the threatened suit - known as a "mandamus suit" - could be filed in 60 days. If successful, the suit would require the EPA to "list" carbon dioxide as a "criteria pollutant" to be regulated under the Clean Air Act. EPA would then have to begin a process to determine appropriate "national ambient air quality standards" for the pollutant, which is by definition, the level of the pollutant that is allowable in the ambient air.

The basis for the lawsuit is a 1976 Court of Appeals decision that compelled EPA to set air quality standards for lead. In the case, the Natural Resources Defense Council (NRDC) argued that while EPA acknowledged that lead emissions pose a serious risk, the agency declined to list it as a criteria pollutant and address it as such. As a result of the case, lead is now regulated as one of six criteria pollutants.

The Attorneys General are arguing that the EPA has acknowledged in a legal memorandum and testimony presented to Congress that carbon dioxide is an air pollutant subject to regulation under the Clean Air Act.

According to the U.S. Climate Action Report, global warming can result in:

  • Increased Temperatures. Average temperatures have already increased by one degree Fahrenheit over the past century, and are projected to increase by five to nine degrees Fahrenheit over the next century. The increase will dramatically change weather patterns in every state and destroy some fragile ecosystems.
  • Rising Sea Levels. Sea levels have already risen four to eight inches over the last century and will rise another 4 to 35 inches during the next century. Rising sea levels will cause more coastal flooding, and it will obliterate vital estuaries, coastal wetlands and barrier islands. The result will be increased storms and storm damage in some areas and dwindling water supply in others, such as California and other parts of the West.
  • Increased Health Risks. The effects of climate change can result in illnesses and deaths associated with temperature extremes, storms and other heavy precipitation events, air pollution, water contamination, and diseases carried by mosquitoes, ticks and rodents. A recently published study in the journal, Science, warns of increased risks from insect-borne diseases such as malaria and yellow fever.

In response to the lack of initiative at the federal level, several states are taking steps to reduce greenhouse gas emissions at the local level. In Massachusetts, state regulations were adopted in 2001 requiring carbon dioxide reductions by power plants and in New Hampshire "cap and trade" legislation was recently enacted. The legislature in California last summer passed a bill that will lead to the "maximum feasible" reductions of carbon dioxide emissions from vehicles. Other states are considering doing the same.

ATTORNEY GENERAL PRAISES CONSUMER MEDIATORS; CALLS FOR MORE VOLUNTEERS

February 19, 2003

FEBRUARY 4, 2003

CONTACT:
LINDA CONTI, ASSISTANT ATTORNEY GENERAL
CHIEF, CONSUMER PROTECTION DIVISION
207-626-8800

Attorney General Steven Rowe announced that the Attorney General Volunteer Consumer Mediators last year mediated 1,597 cases and returned over $578,000 to Maine consumers. "The first week in February is National Consumer Protection Week, and it's a perfect occasion to recognize the efforts of our Volunteer Consumer Mediators," said Attorney General Rowe. "They represent the best of Maine. They are Maine people helping Maine people get what they paid for."

Each year the Consumer Protection Division receives well over 8,000 consumer queries. Most of these contacts are handled by providing consumer protection information. But the more serious disputes are often assigned to Attorney General Volunteer Mediators. This past year 31 Consumer Mediators contributed over 6,000 volunteer hours.

Attorney General Rowe urged businesses and consumer alike to work hard to resolve their disputes before resorting to legal remedies. "Our Consumer Mediation Service is a good option when a consumer and a business are at loggerheads," said Attorney General Rowe. "Mediation helps both sides understand the other's point of view and the consumer laws that may be relevant."

Attorney General Mediators volunteer five hours a week and receive extensive consumer law training. Since the Volunteer Consumer Mediation Program began in 1981, over 464 Volunteers have worked in the Attorney General's Office. Anyone interested in becoming an Attorney General Volunteer Mediator can visit the Attorney General's website at www.maine.gov/ag or contact Assistant Attorney General James McKenna at 207-626-8800 or jim.mckenna@maine.gov.

If you have a consumer complaint or would like more information about Maine consumer law, you can reach us by calling 207-626-8849 from 9 a.m. to 12 p.m. Monday through Friday, or you can put your complaint or inquiry in writing and mail it to:

Maine Attorney General
Consumer Protection Division
Consumer Information and Mediation Service
6 State House Station
Augusta, ME 04333-0006
E-mail: consumer.mediation@maine.gov

We'll answer your question as quickly as possible.

MAINERS PROTECTED FROM CHARGES AFTER TRIAL OFFERS IN SALES AGREED TO BY TELEPHONE

February 19, 2003

FEBRUARY 5, 2003

CONTACT:
CHARLES DOW, DIRECTOR
COMMUNICATIONS AND LEGISLATIVE AFFAIRS
207-626-8577

"If you like the product, simply keep it, and we will bill your credit card," said the telemarketer. "Not so fast," said the Maine Legislature.

Since the fall of 2001, Mainers have been protected by a law that regulates "negative option sales," so-called because the sale is completed when the consumer fails to act to prevent it. Telemarketers may no longer charge a consumer for a good or service after a trial period unless they send the consumer, at least 15 days prior to any charge, a clearly written description of the good or service being purchased, the amount to be charged, and the calendar date the consumer will be charged for the good or service if the consumer does not cancel the sale. This notice also must provide the specific steps by which the consumer can cancel the agreement by both mail and telephone. Failure to provide the required notices constitutes a violation of the Unfair Trade Practices Act, which can be enforced by the Attorney General or by private parties.

The new law does not apply to sales under $25 or to sales of credit, insurance, or securities.

Attorney General Steven Rowe warned that the increased convenience of credit cards and telephone sales must be balanced by increased consumer vigilance. "We all must read our credit card statements and scan our mail carefully. My office will enforce the law, but people need to report violations to us." The phone number at the AG's Office is 626-8800.

Read the law online at: http://janus.state.me.us/legis/statutes/10/title10sec1210.html.

MAINE CONSUMERS PROTECTED BY IMPLIED WARRANTY LAW

February 19, 2003

FEBRUARY 6, 2003

CONTACT:
CHARLES DOW, DIRECTOR
COMMUNICATIONS AND LEGISLATIVE AFFAIRS
207-626-8577

Attorney General Steven Rowe today used the occasion of Consumer Protection Week to highlight a little-known but very important protection for Maine Consumers. Maine law provides automatic warranty protection in addition to any "express" written or verbal warranty provided by a seller or manufacturer.

In general, the implied warranty law applies to new or used consumer items that:

A. Are seriously defective;
B. Have not been abused; and
C. Were purchased less than four years ago and still within their normally expected "useful life" (i.e., not simply worn out).

All new and used goods purchased for family, household or personal use — clothes, new cars, appliances, sports equipment and more — are warranted by law to be fit for the ordinary purpose for which such goods are used. The only exception to this law is that used car dealers can disclaim implied warranties when selling used cars "as is," without any express warranty.

If you have been the victim of a breach of the implied warranty, then you are generally entitled to your incidental and consequential damages (e.g., free repairs by either the manufacturer or the seller). Please note: In order to preserve your warranty rights you should always give both the dealer and the manufacturer written notice of the defect.

The entire Maine Consumer Law Guide is always online at: http://www.state.me.us/ag/index.php?r=clg

FINDINGS OF THE AG REGARDING THE INVESTIGATION OF THE USE BY POLICE OF DEADLY FORCE

February 19, 2003

FEBRUARY 7, 2003

CONTACT:
CHARLES DOW, SPECIAL ASSISTANT ATTORNEY GENERAL
207-626-8577

Attorney General Steven Rowe announced today that a Lincoln County deputy sheriff, Detective Sergeant Jason Pease, 27, was legally justified when he shot at Michael L. Montagna, 45, in a vehicle in Jefferson the evening of December 25, 2002.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Sgt. Pease in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force in the performance of the officer's duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm at a moving vehicle is also deadly force under Maine law.)

Attorney General Rowe determined that, based on his office's investigation and legal analysis, Sgt. Pease actually and reasonably believed that unlawful deadly force had been used seconds previously by Michael Montagna against him, and that Montagna continued to pose an imminent threat of further unlawful deadly force against him. The investigation and legal analysis also determined that Sgt. Pease actually and reasonably believed that deadly force on his part was necessary to protect himself from death or serious bodily injury. Therefore, both requirements of law having been met, the use of deadly force by Sgt. Pease was legally justified.

The Attorney General reported the following findings from his office's investigation:

On December 25, 2002, Detective Sergeant Jason Pease of the Lincoln County Sheriff's Office was on a day off. Early in the evening, however, Sgt. Pease left his home in Jefferson to respond to a nearby traffic accident as a member of the Jefferson Volunteer Fire Department. Because of a severe snowstorm, other police units were busy with unrelated accidents and Pease offered to cover the investigation of the accident. After having concluded his investigation, Pease returned home.

Later, while at home, Sgt. Pease received a telephone call from a Lincoln County sheriff's dispatcher. The call was received at about 8 p.m. The dispatcher asked Sgt. Pease to respond to a call from an elderly man on the Gardiner Road (Route 126) in Jefferson, who had called the Sheriff's Office to report a suspicious incident involving a man who had appeared on foot at the elderly man's residence asking to use a telephone. The man was allowed inside the residence to access the phone. While in the residence, the man's statements about being drugged and his demeanor frightened the residents. The man, after identifying himself as Michael Montagna and speaking with a Lincoln County sheriff's dispatcher, left the residence and ran off down the driveway taking with him the homeowner's cordless telephone. The dispatcher was unsuccessful in persuading Montagna to return to the residence to await a deputy sheriff and to maintain telephone contact with the dispatcher. The Lincoln County sheriff's dispatcher radioed Sgt. Pease a physical description of Montagna and told Sgt. Pease that he appeared to be emotionally disturbed.

While on his way to the residence, Sgt. Pease was notified by the dispatcher that Montagna was at another residence on the Gardiner Road in Jefferson. Sgt. Pease drove up to that residence in a four-wheel-drive Lincoln County sheriff's unmarked vehicle. He observed through a window in the residence a man who fit the general description the dispatcher had given him. The man was standing inside the residence talking with a resident of the home. Sgt. Pease entered the residence and asked Montagna to step outside onto the porch so he could talk with him. Montagna was asked for identification and, not being able to find his driver's license, handed Sgt. Pease a business card. Montagna told Sgt. Pease that he was sick and needed help and wanted to go to the police station. Because of the severe driving conditions caused by the snowstorm, Sgt. Pease informed Montagna that he would not drive him to the sheriff's office in Wiscasset, but that he would take him to a hospital in Augusta. Montagna told Sgt. Pease that he wanted to go to the hospital because he needed help. Montagna told Sgt. Pease that he thought that he had been drugged and that people were out to get him.

During the brief discussion between Montagna and Sgt. Pease, Montagna became agitated for no apparent reason, bounded from the porch deck, and ran down the driveway towards the Gardiner Road. Sgt. Pease, concerned about Montagna's condition, particularly in view of the stormy night, ran after Montagna and, upon catching up to him, reached out and grabbed him. This contact caused both of them to slip in the snow and fall to the ground. They both immediately got to their feet. More conversation ensued about Sgt. Pease's offer to take Montagna to a hospital. Sgt. Pease became increasingly concerned over Montagna's demeanor, which alternated between anxiety and calm. Montagna insisted at one point on going back into the private residence to retrieve his driver's license. Sgt. Pease, not wanting Montagna to go back into the residence, told Montagna that he would get the license for him and then he would take him to the hospital in Augusta. Seemingly more cooperative at that point, Montagna, describing himself as hot, began picking up handfuls of snow and applying the snow to his face. At that time, Montagna was standing about six feet from Sgt. Pease; he was between Sgt. Pease and the police vehicle. Without leaving his position, Sgt. Pease spoke with the residents of the house, and learned that they did not have Montagna's driver license, but a business card Montagna had given them.

While Sgt. Pease was conversing with the residents of the house, Montagna suddenly bolted for the police vehicle, which was running. Sgt. Pease gave chase and arrived at the vehicle just after Montagna got into the driver's seat and closed the door. Sgt. Pease immediately opened the driver's door. Montagna was revving the engine, but the vehicle was not moving when Sgt. Pease opened the door. Sgt. Pease grabbed Montagna while telling him repeatedly to get out of the vehicle. Montagna placed the vehicle in reverse and rapidly accelerated. The vehicle's tires initially spun on the snow and ice from the rapid acceleration, but quickly acquired traction. As the vehicle took off in reverse down the driveway towards the Gardiner Road, Sgt. Pease ran alongside it, still attempting to pull Montagna out. At some point, the driver's door struck Sgt. Pease in the back, knocking him to the ground. While not determined if the front left tire of the vehicle ran over Sgt. Pease's leg or if instead the running board of the vehicle struck his leg, Sgt. Pease was dragged for a distance of about 50 feet. The vehicle, moving rapidly in reverse, spun to the left toward a ditch and this spinning movement caused Sgt. Pease to be released from the vehicle. Sgt. Pease came to rest laying on his right side in the snow in front of the vehicle.

Montagna, switching from reverse to forward gear, started driving the vehicle towards Sgt. Pease, who lay on the ground in the snow unable to get to his feet or out of the path of the vehicle. As the vehicle started towards him, Sgt. Pease, fearing that he was going to be run over, discharged three rounds from his service weapon at the approaching vehicle. The vehicle was about 20 feet from Sgt. Pease at this time. As soon as the rounds were discharged, Montagna placed the vehicle in reverse, managed to get the vehicle turned around, and drove off heading toward Jefferson on the Gardiner Road.

An alert for the stolen Lincoln County sheriff's vehicle was broadcast and the vehicle, disabled with Montagna sitting in it, was found about a half-hour later a few miles away on Route 215. A State Police trooper arrested Montagna without incident. Montagna was first taken to a hospital for evaluation and then booked at the Lincoln County Jail in Wiscasset. It was later determined that the vehicle became disabled when its transmission cooling system failed as a result of one of Sgt. Pease's shots at the vehicle. At least two of the three shots had struck the front of the vehicle.

Sgt. Pease was treated at an Augusta hospital for a severely injured knee and lacerations to his lower back and hands, and contusions. He remains on medical leave recuperating from the knee injury. The Lincoln County Sheriff's Office cooperated fully with the investigation and it is conducting its own departmental review of the shooting incident.

BEWARE VARIATIONS ON THE "NIGERIAN SCAM" Mainer loses $6,500

February 19, 2003

FEBRUARY 7, 2003

CONTACT:
CHARLES DOW, DIRECTOR
COMMUNICATIONS AND LEGISLATIVE AFFAIRS
207-626-8577

Attorney General Steven Rowe today renewed warnings about a pervasive email, fax, and mail scam that claims to emanate from Nigeria or other African nations. The basic scheme began in the early 1980's and, according to federal government reports, has resulted in the loss of hundreds of millions of dollars by United States residents.

The classic Nigerian scam comes in the form of unsolicited correspondence from a self-proclaimed Nigerian government official offering to launder $10 million to $60 million through a legitimate American bank account. The correspondence asks the recipient to provide personal banking information to the sender in exchange for a percentage of the money. Any recipient who responds is then asked to send monetary installments to the sender and is promised reimbursement when the large sum is transferred from Nigeria. In actuality, the millions do not exist, and the recipient loses the installment payments and compromises the security of banking information.

A Somerville man today reported to the Attorney General a new twist on the Nigerian scam. The man listed a motorcycle for sale on an Internet site. A person claiming to be from Nigeria called him and offered $9,000 for the motorcycle. He accepted the offer. The buyer claimed that a colleague in the US owed him $15,500 and asked the seller to take a cashier's check from the colleague for that amount and wire the difference, $6,500, to the buyer in Nigeria. He said he would later arrange for the shipment of the motorcycle. The seller received the cashier's check for $15,500, deposited it, and wired the $6,500 to the buyer. He later learned that the cashier's check was counterfeit and that he was out $6,500. Members of the Maine media may contact Chuck Dow at the Attorney General's Office for contact information for the seller.

Attorney General Rowe warned, "Generally, State and federal officials lack viable options for recovering money lost in this scam or prosecuting the scammers. Do not respond to these offers. They lead down a road of deception and loss."

ATTORNEY GENERAL IMPOSES CONDITIONS ON DEAD RIVER/IRVING OIL DEAL

February 20, 2003

FEBRUARY 20, 2003

CONTACT:
FRANCIS ACKERMAN, ASSISTANT ATTORNEY GENERAL
207-626-8800

The Maine Attorney General's Office has approved the acquisition by Dead River Company of home heating oil and propane assets of Irving Oil Corporation in Aroostook County and some sections of Penobscot and Washington Counties. The deal will be permitted to proceed subject to conditions imposed by a Consent Decree. The conditions, which are designed to resolve antitrust concerns raised by the acquisition, affect the transaction as it relates to propane. "Our antitrust review showed that post-acquisition, Dead River would have a monopoly position in the wholesale propane market in Aroostook County," said Assistant Attorney General Francis Ackerman. "This was an obvious cause for concern."

The Consent Decree imposes three principal conditions. First, it requires Dead River to offer wholesale storage capacity at its Caribou propane bulk facility to Irving and at least one other competing wholesaler, on a so-called "throughput" basis. It also commits Irving to offer to supply Aroostook County propane retailers with their propane needs, in competition with Dead River. Finally, the Decree requires Irving to sell its own bulk storage facility, located in Presque Isle, to a company willing to enter the wholesale propane market.

The Attorney General's Office is optimistic that new entrants will step forward to bring renewed competition to Aroostook County propane markets under the terms of the Decree. Companies interested in entering into a throughput arrangement at the Caribou bulk facility should contact Dead River; those interested in acquiring Irving's bulk storage plant should contact Irving directly. To read the Consent Decree, click HERE.

MEDDYBEMPS JUNKYARD OWNER GETS YEAR IN JAIL FOR HAZARDOUS WASTE VIOLATIONS

March 18, 2003

MARCH 17, 2003

CONTACT: LEANNE ROBBIN, ASSISTANT ATTORNEY GENERAL
207-626-8581

Attorney General Steven Rowe announced that Harry J. Smith, Jr., 62,
of Meddybemps, was sentenced Friday to four years in prison with all but one
year suspended for felony hazardous waste crimes at his Washington County
junkyards.  Smith operates four junkyard sites in the Meddybemps area where
he has accumulated hazardous waste since at least 1986.  The sites have been subject to three different environmental cleanups by the United States
Environmental Protection Agency (EPA) and the Maine Department of
Environmental Protection (DEP).  A Washington County jury convicted Smith
after trial earlier this year.

Smith initially started in business with his father operating a site known
as the Eastern Surplus Site near Meddybemps Lake.  That site was declared a
federal superfund site in the 1980's, and DEP and EPA spent over $700,000 on
its remediation during the period1986 through 1990.  The wastes included,
among other things, flammable paint waste, calcium carbide, and PCB
containing transformers.  A second site, known as the South Annex, was
subject to a similar cleanup in 1991 and 1992.  The cleanup costs on that
site were over $1.2 million. 

Following the remediation of the South Annex in 1992, Harry J. Smith, Jr.
again began moving over 300 boxcars and trailers full of hazardous and other
waste onto the South site, as well as onto the property located across the
street, known as the North Annex.  During an inspection in connection with
Smith's illegal tire stockpiles in June, 2001, a DEP staff person noticed a
can marked with red letters "WARNING-HAZARDOUS WASTE." 

A subsequent search yielded hundreds of cans and pails and drums of
hazardous waste, including flammable waste, a trailer full of PCB-containing
transformers that was leaking into the ground, and a trailer full of calcium
carbide.  To date, the DEP has spent over $1.7 million in the new cleanup
effort, and the remediation costs are likely to come to at least $3 million.
Smith was charged criminally with handling the waste found on his sites in
October, 2001, after the completion of two prior cleanups.
"We hope that a year in jail will cause Smith to reconsider his long-held
belief that the environmental laws do not apply to him," commented Assistant
Attorney General Leanne Robbin, who handled the case for the State.

AUGUSTA DRUG TRAFFICKER GETS TWO YEARS IN PRISON

April 4, 2003

APRIL 4, 2003

CONTACT: LARA M. NOMANI, ASSISTANT ATTORNEY GENERAL
207-626-8804

Attorney General Steven Rowe reported today that Michael H. Pushard, 31, of
Augusta was sentenced yesterday on three counts of Trafficking in Heroin.
Pushard was charged with selling $270 worth of heroin from his home in
Augusta between August and September, 2002.  The sales were followed by the execution of a search warrant at the home and the seizure of heroin and
$18,000.  The money was hidden in the sofa of the apartment and was intended
to be used for the purchase of drugs later that day. Pushard's supplier,
Juan Taveras of Massachusetts, was intercepted by drug investigators and
found in possession of 18.3 grams of crack cocaine and 499 bags of heroin,
with a combined street value of nearly $20,000. Taveras is presently in
federal custody on these charges.

Pushard pled guilty to the three felony charges and admitted to the
forfeiture of all of the money seized.  Maine Superior Court Justice John
Atwood approved the plea agreement in the case and ordered Pushard to serve
seven years in prison, with all but two years suspended.  Once Pushard has
completed serving his initial two-year prison term, he will be placed on
probation for an additional four years.

The case was prosecuted by Assistant Attorney General Lara M. Nomani, and
was investigated by drug investigators from the Augusta Police Department
and the Maine Drug Enforcement Agency.  The drug bust was the result of
ongoing collaboration between the two agencies.  The close working
relationship between the two agencies has resulted in a recent decision to
assign an Augusta detective to MDEA to act as a resident MDEA drug agent, in addition to his other duties.  This arrangement was worked out between
George Connick, the supervising officer of the MDEA field office, and Lt.
Dennis Passmore of the Augusta Police Department.  This "resident agent
program" is the brain child of Connick and has been implemented with the
Waldo County Sheriff's Office and the Bath Police Department.

Connick stated: "In these tough economic times, agencies must work together
to maximize limited resources. The resident agent program allows for the
sharing of information, drug investigation expertise and personnel. This
arrangement allows law enforcement to identify and apprehend the major
distributors of hard-core drugs within our communities."

BANGOR MAN GETS FIVE YEARS IN PRISON FOR DEALING HEROIN

August 1, 2002

AUGUST 28, 2002

CONTACT: MATT ERICKSON, Assistant Attorney General
207-945-0373

Attorney General Steven Rowe reported today that Joseph LeFrancois, age 40, of Bangor was sentenced to five years in prison Tuesday for Aggravated Trafficking in Heroin (Class A). Police searched a hotel room in Brewer where LeFrancois was living on March 21, 2002, and found three bags of heroin that LeFrancois was trying to flush down the toilet, drug ledgers, drug paraphernalia, and $1,476 in drug proceeds. The Superior Court judge also gave LeFrancois a concurrent one year sentence on an unrelated Possession of Heroin charge that stemmed from an unrelated car stop by the Brewer Police Department on January 27, 2002. LeFrancois had a previous felony drug conviction in Massachusetts in 1991. The seized cash was forfeited to the State.

"We hope this case sends a message to heroin dealers that they will get caught and serve long sentences, especially the second time around," said Assistant Attorney General Matt Erickson, the prosecutor in the case. The cases were investigated by the Maine Drug Enforcement Agency and the Brewer Police Department.

ANNUAL CIVIL RIGHTS TEAM CONFERENCE TOMORROW

April 14, 2003

APRIL 14, 2002

CONTACT: THOMAS HARNETT, DIRECTOR OF CIVIL RIGHTS
EDUCATION AND ENFORCEMENT
207-626-8800

WHO:  2000+/- elementary, middle, and high school students from across
Maine (See a list of schools with Civil Rights Teams at: http://www.maine.gov/ag/faq.php?pods=122
WHAT:  Civil Rights Team Project Annual Statewide Conference
WHEN:  Tuesday, April 15, 8:45 a.m.-1:30 p.m.
WHERE:  Augusta Civic Center
WHY:  To make schools safe for everyone

Up to 2,000 Maine students, their teachers, and advisors will meet
tomorrow at the Augusta Civic Center for the 5th Annual Maine Civil Rights
Team Conference.  The keynote speakers this year are six students from the
Lewiston High School Civil Rights Team who will talk about what it was like
to be in that city last fall when much attention was focused on the
community response to the arrival of many Somali people.  Workshop schedules
are available online at: http://www.maine.gov/ag/index.php?r=civilrights&s=civilrightsteamproject&t=

NOTE: Electronic recording will be allowed only in the plenary sessions in
the main auditorium.

PHILIP MORRIS WILL MAKE TOBACCO SETTLEMENT PAYMENT ON TIME

April 14, 2003

APRIL 14, 2003

CONTACT: MELISSA REYNOLDS O'DEA, ASSISTANT ATTORNEY GENERAL
207-626-8552

Despite worries over the last two weeks that a multi-billion dollar verdict
in an Illinois state court case would compromise Philip Morris's ability to
make the $2.6 billion payment to the 46 U.S. states involved in the 1998
Tobacco Settlement, Attorney General Steven Rowe announced this evening that he has received assurances that the company will make its payment on
schedule tomorrow.  At stake for Maine was approximately $20 million of its
$40 million payment.  The Illinois court cleared the way for the payment to
the states by reducing the amount Philip Morris was required to pay to
appeal the case there.

Attorney General Rowe said, "We fully expected Philip Morris to meet its
payment obligation under the Master Settlement Agreement.  We are pleased
that the vital health and human services needs that are supported by the
Fund For a Healthy Maine can continue as planned." 

VASSALBORO MAN PLEADS GUILTY ON EVE OF TRIAL, GETS FIVE YEARS FOR HEROIN TRAFFICKING

July 22, 2003

JULY 22, 2003

JAMES M. CAMERON, ASSISTANT ATTORNEY GENERAL, 207-626-8800

 

Attorney General Steven Rowe reported today that Vini Heikkila, 44, of Vassalboro was sentenced Monday to ten years in prison, all but five years suspended, for aggravated trafficking in heroin (class A) and importation of heroin (class C). 

Heikkila’s charges stem from an investigation conducted by agents from the Augusta Field Office of the Maine Drug Enforcement Agency.  Agents learned that Heikkila was driving a rental car to Massachusetts to purchase heroin for sale in Maine.  As officers waited for Heikkila to return, Special Agent Lowell Woodman, the lead investigator in this case, obtained a warrant to search Heikkila’s car and person.  Heikkila’s car was stopped in Gardiner and searched.  200 bags of “TOP DOG” heroin were found hidden in the engine compartment of the rental car.  An additional 94 bags of heroin were found hidden in one of Heikkila’s socks.  He admitted at the time of the offense he had driven to Massachusetts, purchased 300 bags of heroin, and used six of the bags during the journey back to Maine.

The case was prosecuted by Assistant Attorney General Lara Nomani, and was investigated by the Maine Drug Enforcement Agency with assistance from the Gardiner Police Department and Kennebec County Sheriff’s Office.  Nomani stated: “This case shows the consequences of the tough new heroin laws that the Legislature adopted in 2001. Trafficking in over 270 bags of heroin can result in a mandatory minimum four-year prison sentence. Importing narcotics from another state or country is a felony.”

* * * * *

FINDINGS OF THE ATTORNEY GENERAL ON POLICE USE OF DEADLY FORCE

April 18, 2003

Attorney General Steven Rowe announced today that two York County deputy sheriffs, Sergeant David W. Dumond, 39, and Deputy Steven K. Thistlewood, 29, were legally justified when they shot and killed Dale S. Pelletier, 33, of Milton Mills, New Hampshire, on the afternoon of March 7, 2003, in Acton, Maine. The Attorney General also said that Sergeant Dumond was legally justified when, at prior points in time, he discharged his weapon at Pelletier and used his cruiser to ram Pelletier?s vehicle.

The Attorney General's investigation focused on the issue of whether the use of deadly force by the deputies in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force in the performance of the officer?s duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person or at a moving vehicle is also deadly force under Maine law.)

Attorney General Rowe determined that, based on his office's investigation and legal analysis, Sergeant Dumond and Deputy Thistlewood actually and reasonably believed that unlawful deadly force had been and was being used by Dale Pelletier against them and others. A short time before being shot and killed by the deputies, Pelletier, who was fleeing the police in his vehicle, fired his handgun at Sergeant Dumond and, subsequently, at Deputy Arthur Titcomb, also of the York County Sheriff?s Office. After his vehicle was forced off the road, Pelletier fired his handgun at Deputy Thistlewood, Sergeant Dumond, and other officers. Thistlewood and Dumond returned fire that resulted in Pelletier?s death.

The investigation and legal analysis also determined that Sergeant Dumond and Deputy Thistlewood, themselves being fired upon by Pelletier, actually and reasonably believed that deadly force on their part was necessary to protect themselves from death or serious bodily injury. The same was determined with respect to Sergeant Dumond?s earlier use of deadly force against Pelletier when he shot at Pelletier after being shot at himself by Pelletier, and when he used his cruiser to ram Pelletier?s vehicle in order to stop Pelletier. Therefore, both requirements of law having been met, the use of deadly force by Sergeant Dumond and Deputy Thistlewood was legally justified.

The Attorney General reported the following findings from his office's investigation:

At around noontime on Friday, March 7, 2003, Pelletier, armed with a 9mm semi-automatic handgun, engaged in a course of conduct while driving his pickup truck in the Milton, New Hampshire area that included two separate random acts of shooting at another driver. In the first incident, the vehicle operator was not struck. However, in the second incident, the vehicle operator suffered a gunshot wound to the left arm. Investigation of these shooting incidents by New Hampshire authorities culminated in an intensive search for Pelletier in the Milton area by the Milton police and others in an effort to locate and arrest Pelletier. Because of Maine?s proximity, the Milton police chief, Mark McGowan, alerted the York County Sheriff?s Office and the Maine State Police of the shooting incidents and requested that Maine authorities join in the search for Pelletier.

At about 1:15 p.m., York County Sheriff?s Deputy Jeffrey Wolfahrt observed a pickup truck on the Fox Ridge Road in Acton matching the description of the vehicle that Pelletier was believed to be operating. Wolfahrt alerted other deputies and began a slow speed surveillance of the vehicle that led from Acton into Lebanon and then back into Acton. At one point, based on his observations of Pelletier?s movements inside the vehicle, Deputy Wolfahrt concluded that Pelletier was either accessing or concealing something beneath the vehicle?s seat. It was later confirmed that Pelletier was in fact the driver and sole occupant of the vehicle. Maine State Police trooper Jeremy Forbes, learning of the vehicle?s direction of travel, attempted to set up a roadblock with a spike mat on the Goding Road at its intersection with the County Road in Acton. Milton Police Chief McGowan joined Deputy Wolfahrt in the slow speed surveillance of Pelletier as he traveled towards Forbes? position. Those two officers were joined in the moving surveillance of Pelletier by York County Deputy Sheriff Steven Thistlewood. Upon the approach to Trooper Forbes? stationary position, Pelletier?s vehicle accelerated and Pelletier extended his right hand, holding a handgun, out the open driver?s window of his vehicle. Deputy Wolfahrt shouted over the radio to Trooper Forbes that Pelletier had a gun.

Pelletier was successful in avoiding Trooper Forbes? partially deployed spike mat. When Pelletier passed Trooper Forbes, who had taken protective cover outside of his marked State Police cruiser, other officers observed Pelletier point a handgun out of the open driver?s window directly at Trooper Forbes, and then accelerate away.

Once Pelletier had passed Trooper Forbes? position, Deputy Wolfahrt and the other officers activated the emergency lighting and sirens on their marked police vehicles. Pelletier ignored this attempt by the officers to stop his vehicle. Learning that Pelletier and his pursuers were on the Milton Mills Road in Acton, Sergeant David Dumond of the York County Sheriff?s Office set up further along on that road a second roadblock with a fully deployed spike mat across Pelletier?s anticipated lane of travel. On his approach to Sergeant Dumond?s stationary position on the Milton Mills Road, Pelletier accelerated and drove his vehicle into the opposite lane of travel as if intending to collide head-on with Sergeant Dumond?s stationary cruiser. However, just prior to reaching the cruiser, Pelletier steered his vehicle back into the proper lane of travel.

The Pelletier vehicle, upon reaching the spike mat, slowed to a near stop. After passing over the spike mat, Pelletier leaned out of the open driver?s window in a backwards direction, pointed his gun at Sergeant Dumond, who was crouched by his cruiser, and fired at least one round at Sergeant Dumond. Sergeant Dumond, who was not struck by the discharge, then fired one round at Pelletier. Later investigation determined that this round did not strike Pelletier. After discharging his handgun at Sergeant Dumond, Pelletier ducked back into his vehicle and accelerated away at a speed greater than the 25 to 30 miles per hour that he had been previously been traveling during the pursuit.

The number of police vehicles now pursuing Pelletier expanded to include both Trooper Forbes and Sergeant Dumond. As Pelletier proceeded west on the Milton Mills Road, the officers observed school buses on the road. York County sheriff?s deputy Arthur Titcomb had attempted to reroute one bus, but the bus driver apparently misunderstood Deputy Titcomb?s instruction and drove east on the Milton Mills Road, heading directly into the path of Pelletier and the pursuing police officers. Deputy Titcomb, who was operating an unmarked police vehicle equipped with emergency lighting and siren that he had activated, pursued the bus, and was able to bring it to a stop at the same time that Pelletier passed that location. As Pelletier drove by the bus and Deputy Titcomb?s cruiser, he leaned out of the driver?s open window and fired his handgun directly at Deputy Titcomb. Later investigation determined that the round struck Titcomb?s vehicle.

Sergeant Dumond assumed the primary pursuit position immediately behind Pelletier?s vehicle with the intention of ramming Pelletier?s vehicle for the purpose of stopping it. However, the approach of the school bus and Deputy Titcomb?s vehicle initially precluded him from doing so. After Pelletier went by the school bus and Deputy Titcomb?s vehicle, Sergeant Dumond executed a ramming maneuver of moderate impact to Pelletier?s vehicle. The maneuver resulted in Pelletier losing control of his pickup truck, and the truck coming to rest with its front end on top of a snow bank at the intersection of the Milton Mills Road and French Street in Acton, about 400 feet from the New Hampshire state line.

Sergeant Dumond immediately brought his cruiser to a stop, opened the driver?s door, and, using his door as cover, directed his weapon at the Pelletier vehicle. Deputy Thistlewood, who was following Sergeant Dumond, also stopped his cruiser, emerged with his weapon at the ready, and advanced on foot from his cruiser toward the rear of the disabled Pelletier vehicle. At the same time as these actions by the deputies were taking place, Pelletier attempted to open the driver?s door of his vehicle but could only partially do so because of the snow bank. Within seconds, Pelletier began firing his handgun directly at the deputies through the opening between the driver?s door and the cab. Both Deputy Thistlewood and Sergeant Dumond immediately returned fire. Several of their rounds struck Pelletier?s pickup truck; two rounds struck Pelletier.

Later investigation and a forensic examination determined that Pelletier died almost immediately as a result of two gunshot wounds to the head. An investigation by Dr. Margaret Greenwald, the state?s chief medical examiner, found that the trajectory of each of the fatal gunshot wounds was consistent with the observations of the deputies and at least one civilian witness who from a nearby residence observed Pelletier?s physical position in his vehicle, and saw Pelletier fire on the officers and the officers? immediate response.

Emergency medical personnel on the scene within minutes of the shooting determined that Pelletier was deceased. The entire episode, from the point that Deputy Wolfahrt first observed and started following the Pelletier vehicle to the point that Pelletier was shot and killed, took place in less than a half hour.

Six detectives from the Office of the Attorney General went to the scene of the shooting in Acton to conduct the investigation. They were assisted in the investigation by detectives from the State Police and members of the Office of the Chief Medical Examiner. The New Hampshire State Police also assisted in the investigation. The York County Sheriff?s Office cooperated fully with the investigation and is conducting its own departmental review of the incident.


MAINECARE GETS ALMOST 2.5 MILLION

April 18, 2003

April 18, 2003

Contact Marci A. Alexander, Assistant Attorney General

626-8555

 

            Maine Attorney General Steven Rowe today announced settlements in principle with Bayer and GlaxoSmithKline that will result in almost $2.5 million for the MaineCare program, formerly known as Maine Medicaid.  Maine joined many other state Medicaid programs in settling lawsuits that alleged illegal reporting of drug prices.  Federal law requires Medicaid programs to get prescription drugs for the lowest price available to any customer or “best price.”  The companies that settled earlier this week engaged in a so-called “lick and stick” scheme by relabeling or repackaging drugs under a private label, selling them at a deep discount to HMOs, and manipulating the best price provisions to deprive Medicaid programs of their lawful discount.  As a result, states paid millions more than they should have for the drugs.

Bayer pled guilty to a criminal charge and in a separate civil settlement must pay approximately $242 million to the state Medicaid programs ($1,524,563 of that to Maine) for violating federal law.  The Bayer drugs involved are Cipro, an antibiotic and Adalat CC, an anti-hypertensive.  

The allegations against GlaxoSmithKline, which must pay approximately $87 million to the state Medicaid programs ($961,057 of that to Maine), involved Flonase, a nasal spray, and Paxil, an anti-depressant. 

"These schemes shed some light on what is behind rising drug costs for states," said Assistant Attorney General Marci A. Alexander, who handled the case for the State with assistance from the MaineCare Surveillance and Utilization Review Unit.

Attorney General Rowe said, “We will continue to scrutinize every aspect of prescription drug pricing in order to make drugs more affordable for Maine people.”

 

ANOTHER DRUG MAKER TO PAY STATES FOR PRICE INFLATING ANTITRUST VIOLATIONS

April 25, 2003

 APRIL 25, 2003 

CONTACT: CHRISTINA MOYLAN, ASSISTANT ATTORNEY GENERAL
207-626-8838

Attorney General Steven Rowe today announced a final resolution with Bristol-Myers Squibb Company that would settle the antitrust lawsuit involving the cancer-fighting drug, Taxol.  Maine joined the other U.S. states and territories in alleging that the manufacturer unlawfully blocked the entry of less expensive generic drugs into the marketplace.

The settlement calls for the states and consumers to share in the national $55 million recovery and for Bristol-Myers Squibb to refrain from anti-competitive conduct and provide free quantities of Taxol to health care facilities serving certain eligible patients. 

The settlement was filed yesterday with U.S. Federal District Court Judge Emmet G. Sullivan in the Washington, D.C., and requires approval from the court to become effective. If approved, the attorneys general will implement a claims administration process for consumers who purchased Taxol or its generic equivalent between January 1, 1999 and February 28, 2003. The settlement sets aside approximately $12 million of the total for a nationwide consumer distribution to compensate consumers who may have paid higher prices for Taxol.  State programs that overpaid for Taxol will split about $37 million.  The ultimate allocation among the states and territories has not yet been determined. 

            Assistant Attorney General Christina Moylan, who handled the case for Maine, said, “For purchasers of prescriptions, the availability of a generic equivalent may be the only way they can afford essential medical treatment.  This settlement not only compensates consumers and the State of Maine who have overpaid for this drug, it also helps pave the way for quicker access to much needed generic drugs in the future. 

            Attorney General Rowe said, “We will continue to scrutinize every aspect of prescription drug acquisition to identify unlawful conduct and reduce prices for consumers.”

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GOVERNOR, ATTORNEY GENERAL JOIN SENIORS GROUPS ANNOUNCING CONSUMER "CHECK IT OUT" PROGRAM

May 1, 2003

On Friday, May 2, at 9:30 a.m., Governor Baldacci and Attorney General Rowe will join the Area Agencies on Aging (AAAs), Legal Services for the Elderly, and TRIAD (a nationwide program that depends on local partnerships between seniors and law enforcement for the purpose of preventing crimes against seniors) to announce a new campaign called "Check It Out." Check It Out will enable seniors to call a toll-free number to check on offers that seem too good to be true. The number is 1-877-ELDERS-1 (1-877- 353- 3771).

Check It Out will provide a simple way to get a second opinion before seniors sign a contract, make a major purchase, respond to a solicitation, or give money to charities, friends, or even family members. Its purpose is to reduce victimization of older Mainers who may be pressured into hasty decisions and agree to make large purchases, cooperate with telemarketers, contribute to charities, contract for home repairs, or make other transactions that are unwise or even fraudulent.

Seniors are encouraged to call the 1-877-ELDERS-1 number (1-877-353-3771) during business hours to request assistance before making a decision. By asking for an informed opinion, the callers will receive impartial information from those who handle such calls at the five Area Agencies on Aging. If the call indicates a need for additional input or even law enforcement assistance, the AAA responder will offer to have the Attorney General's Consumer Protection Division, Legal Services for the Elderly, or another appropriate agency review the matter. The senior will receive a prompt return call with additional information and suggestions.

Please attend the press conference Friday for additional information and interviews.

CONTACT: CHARLES DOW, DIRECTOR, COMMUNICATIONS AND LEGISLATIVE AFFAIRS, 207-626-8577

STATE ATTORNEYS GENERAL ANNOUNCE AGREEMENT TO PROTECT CHILDREN FROM LEAD PAINT POISONING

May 12, 2003

MAY 12, 2003

CHARLES DOW, DIRECTOR, COMMUNICATIONS AND LEGISLATIVE AFFAIRS, 207-626-8577

Attorney General Steven Rowe today joined the Attorneys General from 49 other states and jurisdictions in announcing an agreement aimed at educating and warning consumers and families about the risk of lead paint exposure during repainting and other home renovation work.  

The agreement between the state Attorneys General and the National Paint and Coating Association (NPCA), requires paint manufacturers to affix warning labels on paint cans and provide consumer education and training, alerting consumers to the hazards of lead paint exposure and how to avoid it.

The warning will read, in part:  WARNING! If you scrape, sand, or remove old paint, you may release lead dust.  LEAD IS TOXIC.  EXPOSURE TO LEAD DUST CAN CAUSE SERIOUS ILLNESS, SUCH AS BRAIN DAMAGE, ESPECIALLY IN CHILDREN.  PREGNANT WOMEN SHOULD ALSO AVOID EXPOSURE...."

Attorney General Rowe said, “This agreement is especially important to Maine, where we have older housing stock, on average, than most of the nation.  The required labeling and education should help to protect Maine children from the dangerous effects of lead paint exposure.”

While lead paint has not been manufactured or sold since 1978, it still presents a serious health risk to people are exposed to dust or occupy homes during renovations.  Children are especially vulnerable to lead poisoning.

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ATTORNEY GENERAL SETTLES WITH SACO CAR DEALER IN DECEPTIVE ADVERTISING CASE

May 21, 2003

MAY 21, 2003

JAMES MCKENNA, ASSISTANT ATTORNEY GENERAL, 207-626-8800 

            Attorney General Steven Rowe announced today that his office has settled its case against Motor City Nissan, a new and used car dealership located on US Route 1 in Saco.  The State’s suit alleged that Motor City Nissan advertised motor vehicles that were not readily available to the public at the advertised price.  The settlement prohibits Motor City Nissan from engaging in that practice and requires it to pay $11,000 in penalties and costs to the State.  Motor City denied any wrongdoing.

            “Our investigation revealed that for several months during the spring of 2002 Motor City Nissan advertised vehicles that were not available on the lot and not available at the price advertised,” said Attorney General Rowe.  “As a result, few customers were able to purchase the advertised cars at the advertised price. Instead, the cars that were available for immediate purchase were higher-priced.” Attorney General Rowe said that such advertising is deceptive and in violation of the Maine Unfair Trade Practices Act.

The Attorney General noted that the Secretary of State’s Bureau of Motor Vehicles provided valuable assistance in the investigation of Motor City Nissan’s advertisements.

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FTC AND STATES UNITE TO THWART FUNDRAISING FRAUD

May 21, 2003

MAY 21, 2003

CHARLES DOW, ATTORNEY GENERAL’S OFFICE, 207-626-8577

DAVID N. BRAGDON, DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION, 624-8525

 

            In the latest efforts to thwart fundraising fraud, the Federal Trade Commission, the Maine Attorney General’s Office, and the Maine Department of Professional and Financial Regulation today announced “Operation Phony Philanthropy,” a joint law enforcement and public education campaign by the FTC and state charities regulators to highlight fraudulent fundraising. 

Fraudulent solicitors preying upon the good will of donors misrepresent who they are and what they do with the funds they raise, often picking the most popular charitable causes such as support for police, firefighters, veterans, and terminally ill children to most effectively tug dollars from sympathetic and community-minded individuals.  The scam artists ultimately derail donors' charitable intentions, undermine the public's confidence in legitimate charitable fundraising, and, in turn, injure those legitimate nonprofit organizations that compete for a depleted pool of charity dollars.

               “Charitable contributions represent a significant public resource,” said Attorney General Rowe.  “The public must be able to trust that its donations will be used for purposes that donors intend to sponsor.”

            Phony fundraising appeals, often made over the telephone, target both consumers and individual business donors.  Cases announced today by the FTC and the states cover a range of deceptive tactics to solicit donations.  Deceptive fundraising remains a high profile problem that four FTC cases and several state actions seek to address.  In this type of deceptive fundraising, telemarketers for groups with names related to law enforcement or fire fighters play on the natural impulse of concerned citizens to support their local protectors.  Sometimes telemarketers misrepresent affiliation with local or county police or some other local institution, which the telemarketers falsely claim will benefit from a donation. 

In late 2002, the Maine Attorney General sued the Maine Volunteer Firefighters Fund and its paid telemarketer Advanced Marketing Consultants in Kennebec County Superior Court for similar conduct. The Maine Volunteer Firefighters Fund had no presence in Maine and in fact was owned and operated by Florida residents. As a result of the settlement, the Maine Attorney General recovered $10,000, which was used to train local volunteer firefighters.

            “Maine people respond generously to charitable appeals.  But before giving, donors should educate themselves about the organizations requesting contributions. It’s important to make sure that your hard-earned money is being used for the purpose intended,” said Governor John Baldacci.

In Maine, charitable organizations and professional solicitors are required to register with the Office of Licensing and Registration at the Department of Professional and Financial Regulation.   http://pfr.informe.org/webquery/LicLookup.aspx face="Times New Roman" size=3>

“If you are solicited for a charitable donation,” said Anne Head, director of the state’s licensing and registration office, “you should call the Office of Licensing and Registration to make sure the charitable organization and/or the professional solicitor is licensed by the State.” 

Registration information on all registered charities and solicitors is available online by accessing the Office’s home page at http://pfr.informe.org/webquery/LicLookup.aspx face="Times New Roman" size=3>., or by calling (207) 624-8624.  “Make sure your contribution goes to a registered charitable organization and that the professional solicitor has complied with the registration law,” said Head.

            According to the FTC and Attorney General Rowe, consumers who hear such promises of local benefit or particular program support, especially in a telephone solicitation or other high-pressure donation situation, should take the time to verify the claims.  Ask the solicitor how much of the donation will go to support the described programs.  Call the charity to make sure that it will really benefit from a donation.  Check to make sure the charitable organization and solicitor are registered with the Office of Licensing and Registration at http://pfr.informe.org/webquery/LicLookup.aspx face="Times New Roman" size=3>, and enter the name in the box marked “company.”  Check up on the charity www.guidestar.org or at the Better Business Bureau, www.give.org and report any deceptive solicitations to the Maine Attorney General and/or the FTC at 1-877-382-4357.

“Operation Phony Philanthropy” also launches a nationwide public education campaign. The FTC has prepared and released a series of consumer and business education materials with tips on reducing the risk of being victimized by deceptive solicitations.  Included is a new publication for caregivers of seniors who are subject to abusive solicitations, including repeated telephone solicitations or high volume direct mail solicitations.  Also available is a brochure for nonprofit organizations that may be considering hiring a professional fundraiser.  Copies of these publications are available from the FTC’s Web site at: http://www.ftc.gov/charityfraud .  To file a complaint or to get free information on wise giving, call the FTC toll-free, 1-877-FTC-HELP (1-877-382-4357).

Tips for consumers and businesses include:

·        Be wary of appeals that tug at your heart strings, especially pleas involving patriotism and current events.  Check to make sure the donation will support the described program.

·        Ask for the name of the charity if the telemarketer does not provide it promptly.

·        Ask what percentage of the donation is used to support the causes described in the solicitation, and what percentage is used for administrative costs.

·        If the telemarketer claims that the charity will support local organizations, call the local groups to verify.

·        Avoid cash gifts.  They can be lost or stolen.  For security and tax record purposes, it’s best to pay by check, made payable to the beneficiary, not the solicitor.

·        If you do not wish to be called again by a fundraiser, ask to be placed on that fundraiser’s “do not call” list.  The FTC’s Telemarketing Sales Rule requires professional fundraisers to establish an in-house list of individuals who do not wish to be called again.  If the fundraiser ignores your request, report the problem to the FTC.

·        Report suspicious solicitation calls.  Call your state’s charity regulator or the FTC at 1-877-FTC-HELP (1-877-382-4357).  Make sure to include the name of the nonprofit or the fundraiser and information about what the donation was supposed to support.

·        IF YOU HAVE ANY UNANSWERED QUESTIONS ABOUT A CHARITY OR IF YOU ARE SUSPICIOUS ABOUT ITS LEGITIMACY, DO NOT GIVE YOUR MONEY TO IT. 

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MAINE, MASSACHUSETTS, & CONNECTICUT SUE EPA ON GLOBAL WARMING

June 4, 2003

JUNE 4, 2003

JERRY REID, ASSISTANT ATTORNEY GENERAL, 207-626-8545

 

Attorneys General from three New England states today filed a federal lawsuit against the Environmental Protection Agency (EPA) for failing to regulate carbon dioxide emissions, a significant contributor to the ever-increasing problem of global warming.

Stating that the EPA has a mandatory duty to regulate carbon dioxide under the Clean Air Act, Maine Attorney General Steven Rowe, Massachusetts Attorney General Tom Reilly, and Connecticut Attorney General Richard Blumenthal today filed the lawsuit against the EPA in Federal District Court in Hartford, Connecticut.

“Having conceded the dangers that global warming poses to public health, our environment and our economy, the federal government has not only a clear moral imperative to address the problem, but a legal obligation as well under the provisions of the Clean Air Act,” Massachusetts Attorney General Tom Reilly said. 

The lawsuit marks the first time that a state has sued the federal government over global warming issues. While four other global warming lawsuits were filed in the last year, this is first to argue that the EPA has an obligation to regulate carbon dioxide under existing law.

“EPA’s inaction on carbon dioxide is intolerable--a dangerous disservice to the nation, promoting disease, environmental damage, and weather-related disasters such as drought and flooding,” Connecticut Attorney General Richard Blumenthal said.  “Our lawsuit is a last resort.  Even after abundant opportunity and public urging, the EPA steadfastly refused to enforce the law and protect the public.  It has repeatedly acknowledged its authority, but it has persistently failed its obligation to use that authority.  Now the courts must compel it.”       

"We believe the plain language of the Clean Air Act requires EPA to regulate emissions of carbon dioxide,” Maine Attorney General Steven Rowe said. “It is well accepted in the scientific community that emissions of this leading greenhouse gas are contributing to global warming.”

Maine AG Rowe added, “We are already seeing its effects, and EPA itself predicts that the problems associated with atmospheric warming will intensify in the years to come. The agency has a legal duty to act now to protect the public health and welfare from this threat."

If today’s lawsuit is successfully litigated, the EPA would be required to “list” carbon dioxide as a “criteria pollutant” and to regulate it under the Clean Air Act.  EPA would then have to determine the appropriate “national ambient air quality standard” for the pollutant, which would be the maximum level of the pollutant allowable in the ambient air.

The basis for today’s lawsuit is a 1976 Court of Appeals decision that compelled EPA to set air quality standards for lead. In the case, the Natural Resources Defense Council (NRDC) argued that while EPA acknowledged that lead emissions posed a serious risk, the agency declined to list it as a criteria pollutant and address it as such. As a result of the case, lead is now regulated as one of six criteria pollutants.

The Attorneys General argue in the suit that the EPA has acknowledged in a legal memorandum and testimony presented to Congress in 1998 and 1999 that carbon dioxide is an air pollutant subject to regulation under the Clean Air Act.

According to the U.S. Climate Action Report, global warming can result in:

·                      Increased Temperatures. Average temperatures have already increased by one degree Fahrenheit over the past century, and are projected to increase by five to nine degrees Fahrenheit over the next century. The increase could dramatically change weather patterns in every state and will likely destroy some fragile ecosystems.

·                      Rising Sea Levels. Sea levels have already risen four to eight inches over the last century and are projected to rise another 4 to 35 inches during the next century. Rising sea levels could cause more coastal flooding, and will likely obliterate coastal wetlands and barrier islands. The result will be increased storms and storm damage in some areas and dwindling water supply in others, such as California and other parts of the West.

·                      Increased Health Risks. The effects of global warming can result in illnesses and deaths associated with temperature extremes, storms and other heavy precipitation events, air pollution, water contamination, and diseases carried by mosquitoes, ticks and rodents. A recently published study in the journal Science warns of increased risks from insect-borne diseases such as malaria and yellow fever.

Attorneys General Reilly, Blumenthal and Rowe first informed the EPA of their plans to sue in a seven-page letter, a formal notice of intent to sue, issued in late January. “Carbon dioxide emissions will likely cause or contribute to wide-ranging, adverse changes to just about every aspect of the environment, public health and welfare throughout the Northeast,” the Attorneys General stated in their earlier letter to EPA Administrator Christine Todd Whitman.

Calling it the “most pressing environmental challenge of the 21st century,” Attorneys General Reilly, Blumenthal, Rowe and other state Attorneys General first formally raised their concerns about global warming in a July 2002 letter to President Bush. The letter, issued on July 17, pointed to the U.S. Climate Action Report 2002, a comprehensive report that the EPA had a lead role in preparing, which confirms the dangers of global climate change and projects that its primary cause, emissions of greenhouse gases--carbon dioxide produced from the combustion of fossil fuels--will increase by 43 percent by 2020.

In response to the lack of initiative at the federal level, several states are taking steps to reduce greenhouse gas emissions at the state level. In Massachusetts, regulations were adopted in 2001 requiring carbon dioxide reductions by power plants and in New Hampshire “cap and trade” legislation was recently enacted.  In May, the Maine legislature enacted a bill that directs the state Department of Environmental Protection to develop a long-term climate action plan that will reduce emissions of greenhouse gases to 1990 levels by 2010, and at least ten percent below 1990 levels by 2020.  The legislature in California last summer passed a bill that will lead to the “maximum feasible” reductions of carbon dioxide emissions from vehicles.

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FINDINGS OF THE ATTORNEY GENERAL ON THE POLICE USE OF DEADLY FORCE AGAINST CHRISTOPHER PULLEN

June 4, 2003

Attorney General Steven Rowe announced today that a State Police trooper, Sgt. James Urquhart, was legally justified when he shot and killed Christopher R. Pullen, 36, in Poland during the early morning of May 6, 2003.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Sgt. Urquhart in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force in the performance of the officer?s duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person is also deadly force under Maine law.)

Attorney General Rowe determined that, based on his office's investigation and legal analysis, Sgt. Urquhart actually and reasonably believed that deadly force on his part was necessary to protect himself and another officer, Trooper Blaine Bronson, from the imminent threat of death or serious bodily injury posed by Christopher Pullen. Therefore, both requirements of law having been met, the use of deadly force by Sgt. Urquhart was legally justified.

The Attorney General reported the following findings from his office's investigation:

At approximately 8:30 p.m. on Tuesday, May 5, 2003, Pullen telephoned his estranged girlfriend in an attempt to persuade her to come to his house to talk with him. The girlfriend had moved out of the house she occupied with Pullen in Mechanic Falls the previous week, and was staying with a friend in Mechanic Falls. Her move from the Pullen residence coincided with Pullen?s latest arrest for operating under the influence. The girlfriend recognized that Pullen had been drinking and refused to go to his house. At approximately 11 p.m., Pullen was discovered by his girlfriend outside the residence where she was staying. She opened the door and refused his repeated requests to be admitted. She observed that he was intoxicated and was armed with a shotgun. He told her someone had set fire to his home. She shut the door and walked away with the intent to use the telephone to call the police. Pullen opened the door and entered, ignoring her demands for him to leave. He told her that she would not be able to call the police because he had cut the phone line.

Over the next few minutes, Pullen repeatedly blamed her for all his difficulties, indicated that he had nothing to live for, threatened to shoot both her and her mother, and physically assaulted her. Several times he intentionally pointed the gun directly at the girlfriend?s face. At other times he threatened to kill himself. At one point he placed the butt of the shotgun on the floor, placed his face over the barrel and reached for the trigger. The girlfriend wrestled the barrel away. He responded by slapping her.

At some point, the friend with whom the girlfriend was staying left the residence and called the police from the home of a neighbor.

Pullen eventually fled the home after hearing sirens, later determined to be emergency units responding to a report of Pullen?s house being on fire. It was also later determined that the telephone service wire on the outside of the residence where the girlfriend was staying had been severed.

Meanwhile, the Mechanic Falls Police and Fire Departments had been dispatched to the Pullen residence for a structure fire. Officers checked the home and found no one there. They requested that other officers be on the watch for Pullen, announcing that he might be armed, that he was suspected of having set fire to his own home, and that he had threatened his estranged girlfriend with a gun a few minutes before.

Slightly less than a half hour later, three Androscoggin County deputy sheriffs encountered Pullen on Route 121 in Poland. They found him parked alongside the road in his pickup truck, and at first they drove past, then turned around and took up positions behind the truck. Initially it was not clear as to whether Pullen was actually in the vehicle. However, almost immediately the officers discovered that he was sitting behind the steering wheel. Pullen then opened the driver?s door and exited the truck. He was carrying a shotgun in his right hand. The situation turned into a standoff between Pullen and the police that lasted more than three hours.

During the duration of the standoff, with Pullen armed either with a shotgun or a rifle or both, as well as a knife, continuous attempts were made to talk Pullen into relinquishing the weapons. One of the Androscoggin County deputy sheriffs established and maintained constant communication with Pullen for the first two hours. Ultimately, that deputy was relieved in the negotiation attempts by two State Police negotiators. During the standoff, Pullen threatened to kill both himself and police on a number of occasions. He also consumed several cans of beer. He continuously paced around his vehicle and in the area in the roadway between his truck and police cruisers. He alternated between holding the rifle and the shotgun. At times, he leaned both weapons against his truck, but was never more than a few feet from them. At one point, after putting down both the shotgun and the rifle and opening another can of beer, a State Police negotiator told Pullen that officers were concerned for their safety when Pullen was holding a weapon. Pulled replied, ?They should be.? At another point, Pullen deactivated the safety, knelt down and placed the barrel under his chin. He ultimately was convinced by the negotiator not to pull the trigger, got up and reactivated the safety. As he paced around the area of his pickup truck, Pullen generally kept the barrel pointed toward the ground, but sometimes, when agitated and yelling, he waved the gun around, resulting in the barrel pointing toward police. Other times he lifted the barrel toward police in a more deliberate and provocative manner although never aiming it at a specific officer. At another point, Pullen, armed with the shotgun, walked directly towards a State Police negotiator and other officers. He ignored repeated commands to stop and was approximately ten feet from one of the officers when he yelled at the officer that if the officer shot him, he would kill the officer. Pullen then turned around and walked back to his pickup truck.

Despite pointing his guns toward police officers on a number of occasions throughout the standoff, Pullen had initially announced to the officers that he would not hurt them unless they approached him. At a point later into the standoff, Pullen announced to the officers that his ?promise? in that regard was off, and that ?someone?s going to get hurt tonight.? Pullen tried to coax the officers into shooting him. He told them that he would not leave the scene alive, and asked what it would take to make them shoot him. At times, Pullen would open his shirt, point to his chest, and invite the officers (sometimes taunt the officers) to shoot him in the heart. At another point, Pullen waved his knife around, saying he would fight hand-to-hand with the officers in the woods. At other points, acting in a less aggressive manner, Pullen sat on the open tailgate of his pickup truck.

Three hours into the standoff with police, after the negotiator convinced Pullen that he should not attempt to leave in his truck, the roadway being blocked in both directions, Pullen retrieved a soft beverage cooler with a strap and a 30-pack of beer from his pickup truck. He indicated that he was going to walk into the woods and that nobody better follow him. He picked up both the shotgun and the rifle and walked toward the negotiators. He put a beer can on the hood of one the cruisers and threw the keys to his pickup truck toward the negotiator, telling the negotiator he could have the truck. Pullen then packed the cooler with as much beer as he could, strapped the cooler across his body, and walked away from the roadway into a field. He carried the shotgun in one hand and the rifle in the other. Officers tried to persuade Pullen to return to his pickup truck. At one point, he turned and hesitated, but turned and continued walking into the field toward the woods.

In the meantime, two members of the State Police Tactical Team, Sgt. Urquhart and Trooper Bronson, as well as a police canine, were in the process of traversing the field near the wood line. Once Pullen left his vehicle, they were alerted to the changed circumstances and instructed to engage Pullen before he could enter the woods. Trooper Bronson was the dog handler. When Pullen was about 30 yards from the officers, Trooper Bronson released the dog. The dog, seemingly confused by the sound of officers back on the roadway who were still trying to persuade Pullen to return to his pickup truck, twice failed to execute the expected aggressive action against Pullen. Both times the dog was released, it went to Pullen but returned to Trooper Bronson?s position without taking aggressive action. As Trooper Bronson prepared a third time to release the dog on Pullen, Pullen turned toward the officers and warned the officers not to do it.

Seconds later, Pullen raised both weapons in the direction of Sgt. Urquhart and Trooper Bronson. Sgt. Urquhart issued commands of ?State Police,? and ?drop the weapons.? Pullen did not reply to or heed the commands. He moved toward the officers, pointing the firearms directly at them. As Pullen continued to advance on the officers, Sgt. Urquhart fired two rounds, both of which struck Pullen. At the time the shots were fired, Pullen was approximately 56 feet from Sgt. Urquhart and Trooper Bronson.

Immediate emergency first aid was rendered to Pullen by a Tactical Team medic, as well as local paramedics who were close by and immediately available. Pullen was taken to a Lewiston hospital where he later died from the gunshot wounds. A post mortem examination by the Office of the Chief Medical Examiner found two gunshot wounds to be consistent with the version of events described by Sgt. Urquhart and Trooper Bronson, as well as 17 other officers and one citizen witness who observed to varying degrees the events immediately leading up to the shooting.

Four investigators from the Attorney General's Office, assisted by detectives and forensic specialists from the State Police and Office of the Chief Medical Examiner, conducted the investigation. The State Police cooperated fully with the investigation and is conducting its own departmental review of the shooting incident.

ATTORNEY GENERAL SUES EDDINGTON MAN FOR RACIST THREATS

June 26, 2003

JUNE 26, 2003

SUSAN SPARACO, ASSISTANT ATTORNEY GENERAL, 207-626-8569

 

          Attorney General Steven Rowe announced today that his office has filed suit under the Maine Civil Rights Act against Brian J. Sepcich, 46, of Eddington, for racial epithet-laden threats of violence Sepcich aimed at an African-American woman in Bangor on April 8, 2003.

            The suit alleges that the confrontation began as Sepcich and the victim were driving separate cars from Old Town to Bangor.  The victim was headed to a doctor’s appointment with her four-year-old son.  Sepcich harassed the victim by braking abruptly while she was behind him, tailgating her when she was in front of him, pointing at her and mouthing threats that he was going to get her.  The two exchanged obscene hand gestures. 

            When the Defendant reached the parking lot of the doctor’s office on Union Street in Bangor, Sepcich got out of his car, banged on the victim’s window, called her a “n*****” and threatened to “f*** her up.”  The victim feared for her safety as well as that of her son, who began screaming and crying.  After she began backing out of her parking space to escape Sepcich, Sepcich returned to his vehicle and left.

            The Attorney General’s suit seeks a court order finding that Sepcich violated the Civil Rights Act and barring him from contacting or approaching the victim.  It also seeks a civil penalty of up to $5,000.

            Attorney General Rowe said, “I know that the vast majority of Maine people feel as outraged as I do that a mother and child, going about their business in our State, were so hatefully harassed and threatened.  We must stand together to stop and punish this horrendous behavior.”

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DO NOT CALL PROTECTIONS OF MAINE, FEDERAL LISTS TO BE SEAMLESS

June 27, 2003

JUNE 27, 2003

CHARLES DOW, DIRECTOR, COMMUNICATIONS AND LEGISLATIVE AFFAIRS, 207-626-8577

 

          Attorney General Steven Rowe today applauded the Federal Trade Commission’s (FTC) announcement that its do not call list is open for business.  The Maine Attorney General’s Office will soon forward to the FTC the necessary information so that the approximately 90,000 Mainers who have used the AG’s website to sign up for the Maine do not call list will not have to re-register for the federal list.  After the Maine data is transmitted, the State will begin directing consumers to the federal trade commission to register.

            Attorney General Rowe said, “We are very pleased to have provided this valuable service to Mainers for the past several months.  With the federal list up and running, it is time for us to fold our list into it and move on to other consumer protection activities.  Our mission with the do not call list is accomplished for now.”

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ATTORNEY GENERAL SETTLES FEE-FIXING CASE WITH PHYSICIAN-HOSPITAL ORGANIZATION

July 3, 2003

JULY 3, 2003

CHRISTINA MOYLAN, ASSISTANT ATTORNEY GENERAL, 207-626-8838

 

            The Maine Attorney General’s Office has settled State antitrust claims against the Maine Health Alliance and its Executive Director, William Diggins.  The State alleged that the organization and its members entered into impermissible collective pricing agreements and refused to deal with health care purchasers except on collectively agreed terms. 

The Maine Health Alliance (the Alliance) is a network of eleven hospitals and approximately 325 physicians in five northern and eastern Maine counties.  It contracts with health insurance companies and self-funded employers to provide health services to their enrollees. 

The State alleged that the Alliance’s joint contracting activities resulted in higher fees than the Alliance’s physician and hospital members would otherwise have been able to negotiate, causing purchasers of health care services, including health plans, employers, and ultimately individual patients, to pay more for health care services.  The settlement, which has been approved by the Superior Court, contains an order designed to prevent recurrence of the concerted actions that the State believes violated antitrust laws.

            Collective contracting among competing health care providers is not automatically impermissible under antitrust laws.  Agreements among competitors on price and other competitively significant contract terms may be acceptable where the joint activities of the providers have a real potential to increase quality of care and reduce cost, and where the joint contracting appears reasonably necessary for the achievement of those benefits to patients and consumers. 

The State contended that the Alliance’s collective activities did not meet the necessary legal threshold.  While the Alliance has some commendable programs in place aimed at increasing quality for patients, the State contended that those programs do not require joint pricing to succeed.  Furthermore, the State alleged that the Alliance and its members collectively agreed not to deal except through the Alliance.

            Attorney General Rowe stated:  “We recognize that the health care sector has some unique attributes that sometimes justify activities that would be condemned as anticompetitive in other sectors of our economy, particularly in a rural, sparsely populated state like ours.  However, this case reflects our ongoing commitment to patients and consumers to pay attention to these activities and make sure they deliver promised gains, and stop them when they do not.” 

            The Attorney General also praised the efforts and contribution of the lawyers and staff of the Federal Trade Commission, with whom his office worked closely on the case. 

            The State has entered separate agreements with the hospital members of the Alliance.

 

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GARDINER MAN GETS TWO YEARS FOR DEALING HEROIN

July 17, 2003

JULY 17, 2003

LARA M. NOMANI, ASSISTANT ATTORNEY GENERAL, 207-626-8800

 

Attorney General Steven Rowe today announced that Bruce Cornforth, 38, of Gardiner was sentenced to eight years in prison with all but two years suspended on felony charges of trafficking and furnishing heroin and misdemeanor charges of violating bail and theft.  The drug charges stem from a tip drug agents received on February 6, 2003.  The tip led to a search that yielded 30 bags of heroin and drug ledgers.  Cornforth also tested positive for drug use and admitted to furnishing drugs while he was out on bail two weeks later.  The theft charge involved a shoplifting incident at a JC Penney store in Penobscot County.  Superior Court Justice Kirk Studstrup accepted the guilty pleas and imposed the sentence Tuesday.

Cornforth’s criminal record included two prior convictions for OUI, as well as a prior probation violation on convictions for assault and criminal mischief.  These are Cornforth’s first drug convictions.

Prior to being sentenced, Cornforth addressed the court and spoke of his addiction to alcohol, oxycodone, cocaine and heroin and his efforts to combat his substance abuse problem.  He stated that at the time of his arrest, he was using 50 or more bags of heroin each day, and that his addiction had cost him a good career, his family and the respect of his children.  

These cases were prosecuted by the Attorney General’s Office and investigated by the Gardiner Police Department, the Maine Drug Enforcement Agency (MDEA), the Augusta Police Department and the Kennebec County Sheriff’s Office. 

George Connick, the supervisor of the Augusta Field Office of MDEA, stated, “Central Maine is being ravaged by the use and sale of heroin and hard drugs.  This case serves as a warning to those in the community that local law enforcement agencies are all working together to stamp out illegal drug use and sales in our community.” 

Assistant Attorney General Lara M. Nomani, who handled the case for the State, said, “Mr. Cornforth had a $1,000 per day drug habit.  It’s impossible for a regular person to support a habit like that without resorting to the kinds of crimes that can land you in prison.  The message here is don’t use; if you do use, get clean.” 

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BOARDING HOME ADMINISTRATOR PLEADS GUILTY TO THEFT OF RESIDENT'S FUNDS

July 18, 2003

JULY 18, 2003

SCOTT MICHAUD, DETECTIVE, HEALTH CARE CRIMES UNIT, 207-626-8800

 

Attorney General Steven Rowe announced today that boarding home administrator Mellette A. Dow aka Mellette Pepin, 35, pled guilty to one count of theft by misapplication of property (class C) and one count of misuse of entrusted property (class D).   Ms. Dow stole $8,516 from a 71-year-old resident of the assisted living facility in Farmingdale at which Dow worked.     

Superior Court Justice Kirk Studstrup sentenced Dow on the theft count to four years in prison with all but 65 days suspended.  She will serve two years probation, pay restitution of the amount stolen, and a $300 fine.  On the count of misuse of entrusted property, Dow was sentenced to one-year, all suspended, with concurrent periods of probation and a $150 fine. 

            The case was investigated by Detectives Scott Michaud and Richard Stocker and prosecuted by the Maine Office of Attorney General’s Healthcare Crimes Unit, the designated Medicaid Fraud Control Unit for the State of Maine.

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MEDDYBEMPS JUNKYARD OWNER VIOLATES PROBATION; ORDERED TO JAIL FOR SIX MONTHS

July 22, 2003

JULY 22, 2003

LEANNE ROBBIN, ASSISTANT ATTORNEY GENERAL, 207-626-8800

 

Attorney General Steven Rowe announced today that the Maine Superior Court has ordered a Meddybemps junkyard owner to report to jail for six months for violating the terms of his probation requiring him to clean up his junkyards and engage in no further environmental violations.  Harry J. Smith, Jr., 62, was placed on probation in March, 1999 following his criminal convictions for intentionally violating Department of Environmental Protection orders not to accept more tires at the tire stockpiles at his junkyards in Meddybemps.  Earlier this year, a jury convicted Smith of criminal violations of Maine’s hazardous waste laws at the same junkyards.  He remains on bail pending the appeal of those convictions.

In revoking Smith’s probation for the full amount of the suspended sentence, Justice Ellen Gorman noted that there have been three prior actions to revoke probation arising from the same convictions and that Smith has served time as a result of each of those revocation proceedings.  More recently, Smith violated a cleanup order relating to thousands of compressed gas cylinders containing hazardous material and asbestos on his property by transporting the cylinders over public roads in unregistered and unsafe vehicles, in violation of laws regulating the transport of hazardous materials.  In addition, the court found that cylinders had been cut up on the junkyard in violation of the order, discharging asbestos.

The court went on to find that Smith has failed to comply with a number of other probation requirements ordered by the court to make the junkyards safe, including his failure to create firebreaks around the remaining tire piles to reduce the risk of an extensive tire pile fire and to remove salvage located within 300 feet of the Hatton Brook to stop pollutants from leaching into the brook.  The court concluded that despite the State’s extensive cleanup efforts, which have cost in excess of $2 million, “[a]s long as Smith is allowed access to this property, he will continue to use it as he wishes, regardless of court orders or environmental impact.”

Attorney General Rowe noted, “Maine people will not stand for those who degrade the environment while ignoring laws and court orders.  The destruction caused by one serious polluter can reach forward many generations.”

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CONSUMER ALERT: CANADIAN LOTTERY SCAMMERS TARGET ELDERLY

July 28, 2003

JULY 28, 2003

MICHAEL WEBBER, ELDER FRAUD INVESTIGATOR, 207-626-8800

 

Attorney General Steven Rowe today warned Mainers that professional con artists are using the pretense of a Canadian lottery to bilk Mainers out of thousands of dollars, and that older Mainers seem to be their preferred targets.

The scammers call on the telephone and tell the victims that they have won several hundred thousand dollars, but that certain taxes and duties need to be paid before the prize can be delivered.  They persuade the victim to wire several thousand dollars to cover those charges.  If they are successful, the scammers continue to contrive schemes to bilk the victims out of more money.  In one case, they said that customs officials had wrongly arrested the person delivering the check and impounded the check itself, requiring several more thousand from the victim to bail the person and release the check.  Of course, there is no check, and the con artists move on to the next victim.  One Mainer is believed to have lost over $100,000 to a series of scams, another couple is believed to have lost over $50,000, and many others report being contacted.

While local, State, and federal officials are working with Canadian officials to stop them, the scammers evade law enforcement by entering the State only rarely and briefly, using Western Union to transfer funds, and changing telephone numbers constantly.

Rowe said, “Some healthy skepticism goes a long way.  These offers do not make sense, and they are not for real.”

Rowe urged Mainers to get the word out among elderly family and friends that this scam is operating here.  Rowe also urged Mainers to use the new Check It Out program by calling toll-free 1-877-353-3771 (1-877-ELDERS-1) to check on any offers that seem too good to be true.  For more information about Check It Out, visit: http://www.maine.gov/ag/?r=elderissues&s=checkitout&t face="Times New Roman" size=3>=

 

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MAINE SETTLEMENT REFUND FOR HOUSEHOLD-BENEFICIAL CUSTOMERS

August 5, 2003

AUGUST 5, 2003

CHARLES DOW, SPECIAL ASSISTANT ATTORNEY GENERAL, 207-626-8577

WILLIAM LUND, DIRECTOR, OFFICE OF CONSUMER CREDIT REGULATION, 207-624-8527

 

Attorney General Steven Rowe and Maine Office of Consumer Credit Regulation Director William Lund today announced that many Maine consumers who had home loans with Household Finance or Beneficial Finance will be able to claim settlement payments beginning next week.  Notices will be sent August 15 to approximately 2,150 Household and Beneficial borrowers in Maine notifying them of their eligibility to share in the state’s $1.6 million settlement with Household International.  Under the settlement distribution plan, all Household or Beneficial borrowers who obtained a mortgage loan from January 1999 through September 2002 will be sent forms to claim payments ranging from a minimum of $100 to more than $2,000.

            “We were pleased to have reached a strong settlement with Household, but we are even more pleased to see money flowing back to deserving Maine consumers,” Attorney General Rowe said. 

“Not only will this settlement result in refunds for affected consumers, but in addition Household has agreed to institute new standards to prevent future lending abuses,” said Consumer Credit Director Lund. 

            The consumer payment program stems from the landmark settlement between Household International and the attorneys general and consumer credit offices of all 50 states and the District of Columbia.  Household International, through its subsidiaries Household and Beneficial Finance, is one of the nation’s largest sub-prime mortgage lenders.  The settlement resolved an investigation by the states into allegations of unfair and deceptive mortgage lending practices.  The states alleged that Household overcharged borrowers with fees and interest and misled borrowers about other loan terms such as “EZ pay” plans. 

Under the settlement, which was finalized in December 2002, Household agreed to pay $484 million dollars to the states to be distributed to eligible Household borrowers.  The monetary settlement was the largest ever obtained by state attorneys general in a consumer protection case.

As part of the settlement, Household also agreed to implement a series of reforms in its lending operations.  Court injunctions in place in all 50 states restrict prepayment penalties on current and future home loans, prohibit loan “flipping,” limit up-front points and origination fees, and improve loan disclosures.

Beneficial Finance has offices in Augusta, Bangor, Biddeford and Portland.  

            The Maine settlement distribution plan provides payment to all Household borrowers who were subject to specific unfair lending practices, including excessive loan points, high interest rates, and misleading payment plans. 

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MAINE, CONNECTICUT AGs CALL ON ASHCROFT TO INVESTIGATE WHITE HOUSE ROLE IN LAWSUIT

August 11, 2003

AUGUST 11, 2003

CHARLES DOW, SPECIAL ASSISTANT ATTORNEY GENERAL, 207-626-8577 

In a letter sent today, Maine Attorney General Steven Rowe and Connecticut Attorney General Richard Blumenthal called on United States Attorney General John Ashcroft to investigate whether officials at the White House Council on Environmental Quality (CEQ) solicited a conservative Washington think tank to sue the federal government in order to invalidate a government document warning of the impacts of global warming.           

The two state attorneys general obtained an email document through a Freedom of Information Act request that revealed a great intimacy between CEQ and the Competitive Enterprise Institute (CEI) on strategizing about ways to undermine the United States’ official reports and the authority of its officials.

Rowe and Blumenthal called for the investigation after discovering an email sent in June 2002 by an executive at CEI, Myron Ebell, to Phil Cooney, the Chief of Staff at CEQ, thanking Cooney for “calling and asking for our help.”  The email goes on to suggest strategies for minimizing the problem of global warming, including finding a “fall guy (or gal)…as high up as possible” in the Environmental Protection Agency (EPA) to blame for the report, and indicating that CEI might call for then-EPA Administrator Christie Todd Whitman to be fired.

According to the official White House website, the White House CEQ “coordinates federal efforts and works closely with agencies and other White House offices in the development of environmental policies and initiatives.”  According to the CEI’s website, the organization is “a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.”

The lawsuit was filed by CEI against the White House Office of Science and Technology Policy and the National Science and Technology Council.  In the suit, CEI argues that the National Assessment of Climate Variability and Change (National Assessment) and EPA’s Climate Action Report 2002 should be invalidated.  The National Assessment is a peer-reviewed study documenting global warming and identifying its dangers.  Its findings were relied upon in the EPA’s Climate Action Report 2002, which was produced by the United States pursuant to its obligations under the 1992 Rio Treaty on climate change.  CEI alleges that the federal report failed to meet scientific standards for objectivity and utility.

Maine Attorney General Steven Rowe stated, “It appears that certain White House officials conspired with an anti-environmental special interest group to cause the lawsuit to be filed against the federal government.”

“The idea that the Bush Administration may have invited a lawsuit from a special interest group in order to undermine the federal government’s own work under an international treaty is very troubling.”

“We believe an investigation is necessary to determine whether the idea of this lawsuit came from the White House itself, and if so, whether it represents improper conduct by public officials.”

Maine, Connecticut and Massachusetts filed a lawsuit in June, 2003 against the EPA alleging that the federal agency is required under the federal Clean Air Act to regulate emissions of carbon dioxide. 

To view the letter to Ashcroft and the email between CEI and CEQ, click here: http://www.maine.gov/ag/dynld/documents/Ashcroft.pdf.

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OIL PRE-BUY CONTRACTS ENFORCED AGAINST OLD TOWN DEALER

August 14, 2003

AUGUST 14, 2003

KATHI PETERS, RESEARCH ASSISTANT, 207-626-8854

 

            The Attorney General’s Office today announced the settlement of a consumer lawsuit against Old Fox Fuel of Old Town, a home heating oil dealer.  In the suit, the Attorney General alleged that Old Fox had entered into “prebuy” contracts with consumers for large volumes of oil at fixed prices, and then, as the season progressed, failed to honor those contracts. In order to resolve the suit, Old Fox entered into a Consent Decree barring any repetition of this conduct, and provided restitution to affected consumers. Old Fox did not admit to any wrongdoing.

 

“We are pleased with this resolution,” said Francis Ackerman, the Assistant AG who handled the suit. “With a new heating season coming right up, consumers are shopping. Dealers who offer oil on a prebuy basis will be held to their commitments.”

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SEXUAL ASSAULT NURSE/FORENSIC EXAMINERS TO TRAIN IN HOULTON

August 15, 2003

AUGUST 15, 2003

CHARLES DOW, DIRECTOR, COMMUNICATIONS AND LEGISLATIVE AFFAIRS, 207-626-8577

 

Nurses from around the state will gather August 18 and 19 in Houlton for specialized training required for State certification as Sexual Assault Nurse/Forensic Examiners (SANE/SAFE).  The training is coordinated by the Sexual Assault Forensic Examiner Program, which is part of the Attorney General’s Office, in conjunction with Sexual Trauma and Recovery Services, AMHC, and the Maine Coalition Against Sexual Assault. 

On August 18 at Houlton Regional Hospital, the group will learn about Maine laws on sexual assault and abuse and discuss testifying as a witness.  On August 19, a mock trial on a gross sexual assault case will be held in Houlton Superior Court.  The roles of the judge, prosecutor, defense attorney, investigator and Sexual Assault Nurse Examiner will be “played” by a professional from each respective discipline.  Members of the community will play the twelve jury and two witness roles.

The purpose of the training is to provide participants, primarily Registered Nurses, with a trial experience that will increase their skills and knowledge of Maine law, court procedure, how to be a witness, and to fulfill one clinical requirement toward state SANE/SAFE certification.   State standards for Sexual Assault Nurse/Forensic Examiners require that they have a working knowledge of Maine laws regarding sexual assault, and have attended at least two criminal trials, one of which must be a sexual assault trial. 

Members of the media interested in covering the training should contact Charles Dow in the Attorney General’s Office, who will make arrangements with the trainers for interviews.

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STATE BACKS OAKHURST IN SUIT

August 27, 2003

AUGUST 27, 2003

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            Attorney General Steven Rowe today announced that he has filed a motion in U.S. District Court in Boston in support of Oakhurst Dairy in the case brought against Oakhurst by Monsanto Company.  The filing describes the State’s strong interest in the outcome of the case and its interest in having the case transferred to the U.S. District Court in Maine.  Monsanto seeks to bar Oakhurst, a commercial dairy with headquarters in Portland and 70% of its sales in Maine, from advertising that its milk is produced without the use of the bovine growth hormone known as rBST.

            Today’s filing asserts that Monsanto’s suit places at risk both Maine’s Quality Trademark program for milk and the rights of Maine consumers to make informed choices in the retail market for milk.

            Rowe stated, “Maine people want to know what goes into making their milk.  That is why the legislature adopted the Quality Trademark program.  We can see no good legal reason for forcing a dairy to keep secret the fact that its milk comes from cows free of artificial growth hormones.”

View the documents filed in court by clicking: http://www.maine.gov/ag/dynld/documents/OAKHURST.pdf style="mso-fareast-font-family: 'Arial Unicode MS'">

 

 

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AG NAMES ELDER SERVICE OFFICER OF THE YEAR

September 2, 2003

SEPTEMBER 2, 2003

MICHAEL WEBBER, ELDER FRAUD INVESTIGATOR, 207-626-8800

 

Attorney General Steven Rowe will present Cape Elizabeth Police Officer Paul Gaspar with the 2002 Elder Service Officer of the Year Award on Tuesday, September 2nd at 10 AM at the Cape Elizabeth Police Department.  Gaspar, 32, of South Portland, has served as the Community Liaison Officer (CLO) in Cape Elizabeth since 1996.  Gaspar serves on the Elder Service Officer steering committee through the Maine Attorney General’s Office, and has helped coordinate two statewide trainings for other elder service officers. 

Rowe selected Gaspar for his leadership in the community in creating the citizens’ police academy, which held its first graduation earlier this year.  He is an active member of the local TRIAD, a national effort that depends on local partnerships between seniors and law enforcement for the purpose of preventing crime against seniors. He also serves on the statewide TRIAD steering committee and has helped other area communities start TRIAD programs. Rowe said, “Officer Gaspar is not afraid to break new ground.  When he sees a need for something, he makes it happen.”

Cape Elizabeth Police Chief Neil Williams said, "Paul Gaspar has been instrumental in helping bring the seniors of this community together with law enforcement. He has taken his vision and watched it grow into a partnership for all.  Officer Gaspar truly deserves this recognition."

The Maine Attorney General's Elder Service Officer Program was created in 1999. The Attorney General invited law enforcement agencies to designate officers to receive enhanced training in elder related law enforcement topics. There are currently over 100 Elder Service Officers in police and sheriff's departments throughout the State.

Attorney General Rowe believes the Elder Service Officers are becoming increasingly important because the elderly are so frequently the targets of exploitation, fraud, and abuse. Rowe instituted the Elder Service Officer Award last year to call attention to the exceptional service he sees ESOs rendering to Maine seniors. The honor is awarded annually by the Attorney General to a law enforcement officer who performs exemplary work with seniors in the prevention of fraud, financial exploitation, and abuse.

"Our seniors deserve the best information and protection we can give them. I am proud that so many good law enforcement officers like Paul Gaspar have taken on this special duty, and I hope all Maine communities will have Elder Service Officers in a few years," said Rowe.  

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AG COMMENTS ON PHARMACY BENEFITS MANAGEMENT INDUSTRY SUIT TO BLOCK DRUG BILL

September 3, 2003

SEPTEMBER 3, 2003

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            Attorney General Steven Rowe offered the following comments on a lawsuit filed against the State by the pharmacy benefits management industry, which seeks to block implementation of a new law:

            “The new law is intended to reduce prescription drug prices for Mainers by requiring price disclosures to health plans and prohibiting secret kickbacks from drug manufacturers to PBMs.  It is not surprising that the PBM industry finds the law objectionable.

            “The Maine Legislature is leading the way in reducing the cost of prescription drugs for Mainers.  We have learned to expect that innovation sparks litigation.  Mainers know that the first group down the trail always has to clear the trees.”

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CONSUMER ALERT: SCAMMERS USING IDENTITY OF FORMER MAINE LENDER

September 3, 2003

SEPTEMBER 3, 2003

MICHAEL COLLERAN, ASSISTANT ATTORNEY GENERAL, 207-626-8834

 

            Attorney General Steven Rowe today warned Maine consumers that Canadian scammers are misrepresenting themselves as Blackwood Financial, a Falmouth, Maine consumer credit firm that ceased operations earlier this year after the death of the firm’s owner.  In newspaper ads placed throughout the United States, the con artists offer loans from “B.F. Inc.” and invite consumers to call a toll free number.  Once contact is made by phone, the scammers falsely represent themselves as Blackwood Financial of 170 U.S. Route 1, Falmouth, Maine.  That address was the location of the real Blackwood Financial, but now is vacant.

            In order to obtain loans, the scammers require consumers to pay refundable advance fees of $800-$900 via Western Union for “insurance” on the loans.  The scammers pocket the fees, but do not issue any loans and then evade contact with the consumers.  All that the consumers are left with is a toll free number that cannot be traced and the name and address of the defunct Maine lender.

This operation is part of a rash of “boiler-room” loan frauds operating out of the Toronto area that have used the identities of legitimate American lenders.  Victims of this type of fraud can call the Attorney General’s Office at 626-8800.

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States To Challenge Epa's Refusal To Regulate Greenhouse Gas Emissions

September 3, 2003

Attorneys General from three New England states announced today that they will challenge a recent Environmental Protection Agency (EPA) ruling that declares that the agency has no legal authority under the Clean Air Act to regulate greenhouse gas emissions, which causes global warming.

The EPA ruling, issued last week, contradicts earlier statements and testimony from the agency, according to Massachusetts Attorney General Tom Reilly, Connecticut Attorney General Richard Blumenthal and Maine Attorney General Steven Rowe.

In June, Attorneys General Reilly, Blumenthal and Rowe filed a federal lawsuit against the EPA for failing to regulate carbon dioxide emissions. Today, the three states dropped the pending lawsuit "without prejudice" in favor of challenging EPA's new ruling. Arguing that last week's EPA announcement was contrived, the three Attorneys General state in today's court filing that "EPA's newly-minted position ... was formulated in the context of the ongoing litigation and its issuance was plainly driven by the agency's need to respond to the [three states'] complaint."

"EPA has long acknowledged the huge threats posed by global warming while refusing to do anything substantive about the problem," AG Reilly said. "Now, for the first time, EPA is claiming it actually has no authority to deal with the problem. While we are switching legal forums, we are re-doubling our efforts to challenge EPA's abdication of responsibility."

"The EPA seems determined to deny irrefutable, increasing scientific proof that greenhouse gas emissions and global warming are endangering public health – denying powerful scientific evidence from its own studies. The playbook seems to be from the tobacco industry – deny and delay – even when human lives are at stake and the science is clear," Attorney General Richard Blumenthal said. "Thankfully, New England's governors have recognized carbon dioxide's danger, and are acting to reduce greenhouse gases even as the federal government abdicates its responsibility."

"The EPA's recent flip-flop regarding its authority to regulate greenhouse gas emissions ignores the Clean Air Act and all the problems that global warming will cause," Maine Attorney General Steven Rowe said. "We just want the EPA to do its job. It shouldn't be too much to ask."

The EPA ruling, released on Thursday, August 28, was issued in response to an administrative petition filed in 1999 requesting that the EPA regulate greenhouse gas emissions from cars and other mobile sources to help address global warming. The original petition was filed in 1999 by the Center for Technology Assessment, Greenpeace and other environmental groups. On the same day, the EPA also filed a motion to dismiss in the states' global warming lawsuit, arguing that the legal challenge should be made before the federal appeals court, not the district court.

Identifying climate change as the "most pressing environmental challenge of the 21st century," Attorneys General Reilly, Blumenthal and Rowe and other state Attorneys General first raised their concerns about global warming in a July 2002 letter to the Bush Administration. Pointing to a May 2002 report confirming the dangers of global warming, the state Attorneys General urged President Bush to act immediately and take a "strong national approach" to the problem. The report, U.S. Climate Action Report 2002, confirms the dangers of global climate change and projects that its primary cause, emissions of greenhouse gases - carbon dioxide produced from the combustion of fossil fuels - will increase by 43 percent by 2020.

In response to the lack of initiative at the federal level, several states are taking steps to reduce greenhouse gas emissions at the state level. Massachusetts adopted regulations in 2001 requiring carbon dioxide reductions by power plants and New Hampshire recently enacted "cap and trade" legislation. In May, the Maine legislature enacted a bill that directs the state Department of Environmental Protection to develop a long-term climate action plan to reduce emissions of greenhouse gases to 1990 levels by 2010, and at least ten percent below 1990 levels by 2020. The legislature in California last summer passed a bill that will lead to the "maximum feasible" reductions of carbon dioxide emissions from vehicles.

The three states will challenge EPA's new ruling before the federal Court of Appeals for the D.C. Circuit and, as outlined in today's motion to dismiss, intend to re-file the suit once they receive a favorable ruling from the Court of Appeals on the administrative petition.

JERRY REID, ASSISTANT ATTORNEY GENERAL, MAINE, (207) 626-8545; SARAH NATHAN, MA AG, (617) 727-2543; MAURA FITZGERALD, CT AG, (860) 808-5324

AG SUES SOUTHERN MAINE TELEMARKETING FIRMS

September 12, 2003

SEPTEMBER 12, 2003

LINDA J. CONTI, ASSISTANT ATTORNEY GENERAL, 207-626-8591

 

            Attorney General Steven Rowe announced today that his office has filed suit under the Maine Unfair Trade Practices Act against Jungle MD, Inc., Jungle MD.com, Inc., Consumer Response Solutions LLC, and their owners, Christopher Austin and John H. Stewart, Jr.  The businesses have operated out of Biddeford and Scarborough.  The suit alleges that the defendants falsely claimed that their products cured baldness and psoriasis and caused rapid weight loss.  The suit also alleges that the defendants failed to honor their money-back guarantee and that they charged consumer credit cards for unauthorized amounts.

            The products marketed by the defendants include:

·        Folliguard, a hair tonic that ads claim restores “all the hair you’ve lost;”

·        PsoRelief, advertised as a “revolutionary patented formula clinically proven to treat psoriasis;” and

·        Ultra Carb Blocker, which ads claim promotes weight loss “while enjoying the foods you want.”

            Unhappy consumers from around the country have contacted the Attorney General’s Office about their frustrated attempts to get the promised refunds for these products.  Assistant Attorney General Linda Conti, who is handling the case for the State, said, “The products don’t work and the guarantee is an empty promise.  Together with the unauthorized charges, they make a pattern of unfair trade practices.”

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NEW LAW TO SNUFF YOUTH ACCESS TO SMOKES

September 19, 2003

SEPTEMBER 19, 2003

JOHN ARCHARD, TOBACCO CONTROL COORDINATOR, 207-626-8837

 

            Maine’s new law restricting Internet tobacco sales became effective September 13, 2003. This new law requires any retailer, whether located in Maine or anywhere else, to be licensed by the state in order to have tobacco delivered to Maine consumers. It also prohibits delivery services from shipping tobacco products to Maine consumers if shipped from unlicensed sellers. Key requirements of the law are tight age verification procedures that assure underage buyers cannot order and obtain tobacco from websites selling cigarettes and reporting requirements to assure Maine taxes are collected.

            Attorney General Steven Rowe said, “The importance of this new law is highlighted by a study published September 10th in the Journal of the American Medical Association.  The study found that minors were able to purchase cigarettes over the Internet 94% of the time using prepaid credit cards and 89% of the time using money orders.  This resulted in 1,650 packs of cigarettes delivered to underage buyers. The Maine Legislature is well justified in adopting the new law.”

            State Representative Glenn Cummings (D-Portland), the lead sponsor of the new law, said, “The law is good for Maine kids who won’t pick up smoking, good for Maine businesses who won’t face unfair competition from tax scofflaw websites, and good for tax-funded education and services.”

            Read the new law online at: http://janus.state.me.us/legis/ros/lom/lom121st/9pub401%2D450/pub401%2D450%2D58.htm

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ATTORNEY GENERAL SEEKS VOLUNTEER CONSUMER MEDIATORS

September 19, 2003

The Office of the Attorney General's Consumer Mediation Service is recruiting new Volunteer Consumer Complaint Mediators for its October 6, 2003 class. Volunteers mediate consumer complaints over the phone or by mail in the Attorney General's Augusta Office. The Attorney General thoroughly trains its Mediators in consumer law mediation techniques. Mediators are asked to volunteer approximately six hours a week on a schedule convenient to them. During the past year, the Consumer Mediation Service recovered over $578,000 for Maine consumers. If you are interested in volunteering, please call Assistant Attorney General James A. McKenna at 626-8842 or e-mail him at jim.mckenna@maine.gov. If you leave your name, address, and phone number, we will contact you as soon as possible. We can also send you a brochure that more fully describes our Program.  We will train volunteer mediators again in May, 2004. 

For more information about the Attorney General's Consumer Mediation Service, please click HERE.

AG ADDS END OF LIFE CARE ISSUES TO WEBSITE; WILL SPEAK AT MAINE PAIN INITIATIVE SYMPOSIUM

September 22, 2003

SEPTEMBER 22, 2003

CARMEN COULOMBE, ASSISTANT ATTORNEY GENERAL, 207-626-8544

 

            The Attorney General’s Office recently added to its website a new web page regarding end of life care issues.  The page is aimed at helping people plan for end of life care and pain management.  Anyone can access this page at: http://www.maine.gov/ag/index.php?r=elderissues&s=endoflife&t=. style="mso-tab-count: 1">  

The new page offers resources to help answer questions such as:

-         What steps people can take to make sure that their wishes are respected when they are in the process of dying?

-         What can be done to assure that minor and adult children who can not look after themselves will be cared for after the death of a parent?

-         What protections are available to ensure proper pain management for terminally ill patients?

-         What resources exist for people with terminal illness and their families? 

Surveys on end of life issues show that most people wish to die at home, surrounded by loved ones and free from pain.  In reality, most people die alone, in institutions and in pain.  Attorney General Rowe hopes that the information on the web page will help people make decisions so that the reality of the end of life will more often line up with their wishes.

Attorney General Rowe will speak Wednesday, September 24 at 8 a.m. at the Samoset Resort in Rockland at the 9th Annual Pain Initiative Symposium.  The conference will give primary care physicians, legal professionals, patients and family members an opportunity to learn more about improving pain management in Maine.  For more information about the conference, call (800) 438-5963 or send email to MPI@mainehospicecouncil.org. 

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STATEMENT REGARDING FILING OF KIDNAPPING AND MURDER CHARGES AGAINST EDWARD J. HACKETT

September 25, 2003

SEPTEMBER 25, 2003

WILLIAM R. STOKES, DEPUTY ATTORNEY GENERAL, 207-626-8571

 

Deputy Attorney General William R. Stokes today made the following statement regarding the filing of kidnapping and murder charges against Edward J. Hackett.

For the benefit of the broadcast media, Stokes will read the statement aloud at 3 p.m. today at the Attorney General’s Office on the 6th Floor of the Cross State Office Building in Augusta.  In addition to the statement printed below, Stokes may by 3 p.m. have information about the date and time of arraignment on these charges.

“We have just filed in Maine District Court in Waterville a complaint charging Edward J. Hackett with the kidnapping and murder of Dawn Rossignol.  Additional charges may be filed at a later date when this case is presented to the Grand Jury.  Because the investigation into this case is continuing and to avoid prejudicial pretrial publicity, we have asked the Court to impound documents providing the details of these crimes.  We will not provide any more information about this matter at this time.”

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STATE TO APPEAL PARTS OF AMHI RULING

September 30, 2003

SEPTEMBER 30, 2003

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

Attorney General Steven Rowe today made the following comments while announcing the State’s appeal of certain parts of the Superior Court’s ruling in the case regarding the State’s compliance with a court consent decree over the Augusta Mental Health Institute (AMHI):

“Today my office filed a Notice of Appeal from the Superior Court decision in Bates v. Duby, otherwise known as the AMHI Consent Decree case. The State has elected to appeal certain legal issues raised by the Court’s opinion.  The State is not, however, appealing the decision in its entirety. 

“Many of the Court’s findings relate to compliance efforts as of January 25, 2002, the date the State filed its Notice of Substantial Compliance.  By the time the Law Court hears the State’s appeal, more than two years will likely have passed since January 2002, and much of the evidence that was before the Superior Court will be outdated.

“In light of these circumstances, the State believes that resources are better spent moving forward with efforts to improve the delivery of mental health services to individuals who need them.  These efforts were already underway before the issuance of the Court’s Part II Decision on September 10th and these efforts will continue in the future in cooperation with Court Master Wathen.

“We cannot overemphasize that the State’s focus is on continuous improvement of the State’s mental health system.  Nonetheless, there are legal issues presented by the Court’s decision that we believe we must appeal because of the precedent they create—not just for the future course of this case, but for government in general.

“The issues we are appealing from the Superior Court’s order are:

·        Whether the Court used the correct standard for determining substantial compliance with the 1990 Consent Decree.

·        Whether the Court correctly interpreted the plain language of the Settlement Agreement. 

·        Whether the Court erred in concluding that the State lacked a good faith basis for filing a notice of substantial compliance on January 25, 2002.

·        Whether the Court had an adequate legal basis to impose a receivership and to grant the receiver the powers and authority outlined in the Court’s September 10, 2003 order. 

“Certainly, the State recognizes and respects the Superior Court’s role in overseeing and supervising compliance with the Settlement Agreement that is part of the 1990 Consent Decree.  However, under the constitutional doctrine of separation of powers, the Court cannot expand the State’s obligations under the Settlement Agreement without the State’s consent or legislative directive.

“Again, we want to emphasize that appealing these legal issues will in no way impede the State’s ongoing efforts to provide high quality services to adults with mental illness and work with the Court Master.  The appeal will proceed on a separate track, and should yield some guidance for future compliance determinations.”

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AG SAYS PORTLAND WOMAN VIOLATED CIVIL RIGHTS OF MUSLIMS

September 30, 2003

SEPTEMBER 30, 2003

LEANNE ROBBIN, ASSISTANT ATTORNEY GENERAL, 207-626-8581

 

            Attorney General Steven Rowe today announced the filing of a civil rights action against Fatuma Boru, 49, of Portland.  Boru is alleged to have assaulted and threatened a number of recent immigrant Muslim women who live in Portland Housing Authority apartments.  The Attorney General’s complaint alleges that Boru’s conduct is motivated by bias against the victims based on their religion or national origin.  Specifically, Boru has stated repeatedly that she hates Muslims, and she has spit on and threatened her Muslim neighbors.  On one occasion, she barged into the apartment of one of the Muslim women, and, when she was removed from the apartment, she reiterated her hatred of Muslims and threw a large rock against the apartment door.  Boru was once herself a Muslim, but converted to Christianity as an adult. 

            “The Maine Civil Rights Act promotes freedom and tolerance for all people of all religions, races, and ethnicities,” said Attorney General Rowe.  “This enforcement action is necessary to ensure that the victims feel safe in their own homes.”

            The action is filed in Cumberland County Superior Court and seeks an injunction against Boru, prohibiting her from any contact with the four victims in the complaint and from engaging in any future violations of the Maine Civil Rights Act.  The Portland Police Department investigated the complaint, along with a detective from the Attorney General’s Office.

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ROWE RE-LAUNCHES STATE DO NOT CALL REGISTRATION ONLINE

October 7, 2003

OCTOBER 7, 2003

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            Attorney General Steven Rowe today announced that he has reposted a form on the Attorney General’s Office website to allow consumers to register for the State do not call list for telemarketing.  The website had been directing Maine consumers to the national do not call registry maintained by the Federal Trade Commission (FTC) since early July, but recent court decisions have delayed FTC enforcement of its do not call rules.  Rowe also announced his intention to join other state attorneys general and the federal government in the court battle to get the federal registry back on track.  The 10th Circuit Court of Appeals is expected to consider arguments over the federal registry in the next couple of months. 

            Rowe said, “Do not call lists provide a one-stop solution for telemarketing calls.  Mainers who have not signed up for the Maine list should visit our website www.maine.gov/ag and click on ‘Do Not Call’ in the banner.’”

            Rowe reminded consumers that telemarketing businesses must honor specific requests of consumers to be removed from call lists.  “We have reports that some businesses are aggressively calling in the wake of the recent court decisions.  You can cover your bases by telling telemarketers to put you on their do not call list.  The federal rules and the State law requiring shop-by-shop do not call lists are in full force and effect.”

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STATE SETTLES WITH WAL-MART OVER YOUTH TOBACCO ACCESS

September 30, 2003

SEPTEMBER 30, 2003

JOHN ARCHARD, TOBACCO CONTROL COORDINATOR, 207-626-8837

 

Attorney General Steven Rowe joined the Attorneys General of 42 other states today in announcing an agreement under which Wal-Mart will implement new policies and procedures to reduce tobacco sales to minors in Wal-Mart stores throughout the nation, including all 24 Wal-Mart and Sam’s Club stores in Maine.

The agreement requires Wal-Mart to:

·                      Train employees on state and local laws and company policies regarding tobacco sales to minors, including explaining the health-related reasons for laws that restrict youth access to tobacco.

·                      Check the identification (ID) of any person purchasing tobacco products when the person appears to be under age 27, and only accept currently valid government-issued photo identification as proof of age.

·                      Use cash registers programmed to prompt ID checks on all tobacco sales.

·                      Hire an independent entity to conduct random compliance checks of approximately 10% of all Wal-Mart stores every six months.

·                      Prohibit self-service displays of tobacco products, the use of vending machines to sell tobacco products, and the distribution of free samples on store property.

·                      Prohibit the sale of smoking paraphernalia to minors.

The attorneys general will monitor Wal-Mart’s compliance with the agreement and have reserved the right to enforce future violations of the agreement as well as the laws governing sale of tobacco to minors.

The attorneys general have long recognized that youth access to tobacco products ranks among the most serious public health problems.  Studies show that more than 80 percent of adult smokers began smoking before the age of 18.  Research indicates that every day in the United States, more than 2,000 people under the age of 18 begin smoking and that one-third of those persons will one day die from a tobacco-related disease.  Young people are particularly susceptible to the hazards of tobacco, often showing signs of addiction after smoking only a few cigarettes.

Wal-Mart’s assurance of voluntary compliance is the most recent agreement produced by an ongoing, multi-state enforcement effort. Rowe and other attorneys general previously reached agreements that apply to all Walgreens stores and to all gas stations and convenience stores operating under the Exxon, Mobil, BP, Amoco, and ARCO brand names in their states.

The enforcement effort focuses on retailers that have high rates of tobacco sales to minors.  The goal is to secure their agreement to adopt policies and practices to prevent youth access to cigarettes and other tobacco products.  Enforcement inspections have found that while Wal-Mart stores in Maine have a better non-compliance rate than in other states there is room for improvement. Two Maine locations have had repeat violations and are currently implementing many of the terms of the new agreement under settlements previously reached with the State.

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NEW GLOBAL WARMING SUIT FILED AGAINST EPA

October 23, 2003

OCTOBER 23, 2003

JERRY REID, ASSISTANT ATTORNEY GENERAL, 207-626-8545

 

            Attorneys General from 12 states today joined with three major metropolitan cities, one island government and several prominent environmental groups to formally challenge the Environmental Protection Agency (EPA) on its failure to regulate greenhouse gas pollutants, the leading cause of global warming.

            Today's legal challenge – taken by the largest coalition of states, local governments, and environmental groups to collaborate on this issue to date – is the latest effort to compel the Bush Administration to address the growing problem of global warming. While acknowledging the negative impacts of global warming, the Bush Administration has yet to take any concrete action to significantly reduce greenhouse gas pollutants. In August the EPA issued a ruling declaring that it had no legal authority to regulate such emissions, abruptly reversing earlier positions taken by the agency . With each passing year, the problem only gets worse.

            “As is evidenced by the wide range of governments and environmental groups who have signed on today’s legal challenge, global warming is no longer some abstract idea far off in the future — it’s a serious threat of growing concern to the public,” Massachusetts Attorney General Tom Reilly said. “Five months ago, Massachusetts joined with two other New England states in suing the Bush Administration over its failure to take action. Today, 12 states, three major metropolitan cities – including New York City, home to 8 million people – the island government of American Samoa, and virtually every major environmental group in the country are calling on the EPA to act.”

            AG Reilly added, “This is a watershed event in the fight to stop global warming.”

            “The EPA is ignoring the clear and growing evidence of real harm done by global warming,” Connecticut Attorney General Richard Blumenthal said. “The Administration's own studies show how greenhouse gas pollution causes disease, extreme weather, destruction of shoreline and loss of critical wetlands and estuaries. Connecticut will not allow the Bush Administration to cast aside scientific fact as a concession to its friends and campaign contributors in the energy industry.”

            “We believe the plain language of the Clean Air Act authorizes the EPA to regulate emissions of carbon dioxide,” Maine Attorney General Steven Rowe said. “It is well accepted in the scientific community that emissions of this leading greenhouse gas are contributing to global warming.  We are already seeing its effects, and EPA itself predicts that the problems associated with atmospheric warming will intensify in the years to come. The agency must act now to protect the public health and welfare from this threat.”

            “The Bush Administration erroneously claims that it lacks the statutory authority under the Clean Air Act to address the very real threat that greenhouse gases and global warming pose to our environment, our health and our future,” New Jersey Attorney General Peter C. Harvey said.  “In fact, two prior EPA General Counsel have said EPA does have such authority.  What we have is not a lack of authority, but a complete abdication by EPA of its responsibility to protect the environment.”

            “Global warming threatens all aspects of the environment in Illinois, from adversely affecting our $8 billion agriculture industry to causing heat waves, droughts and flooding,” Illinois Attorney General Lisa Madigan said. “We owe it to future generations to act decisively and begin to address the causes of global warming before it is too late.”

            “I am in solidarity with the environmental groups and the other states and cities who have joined us to protect our environment from harmful greenhouse gas emissions,” New Mexico Attorney General Patricia Madrid said. “We need a healthy environment now and for future generations.  If we do not prevent further global warming now it may be too late.  We simply want the EPA to do its job---protect our environment.”

            “The vacuum of leadership on global warming by the Bush Administration is a betrayal of the best interests of the American people,” New York Attorney General Eliot Spitzer said. “This failure to act is harming public health and the environment and will continue to do so for generations to come.  With no leadership from Washington, our only recourse is to turn to the courts for relief.”

            “An ounce of action on the part of the Bush Administration would be worth a ton of talk,” Rhode Island Attorney General Patrick Lynch said. “On the one hand, in May of 2002, the administration said, 'Yes, carbon dioxide emissions cause global warming.' But, on the other hand, in August of 2003, the administration's own EPA concluded that carbon dioxide is not an air pollutant and, therefore, cannot be regulated. Because the United States is already dealing with the harmful effects of global warming, the American people want less talk and more action now.”

             “It's time we faced up to the reality that global climate change is a very real issue and that carbon dioxide emissions are at the heart of the problem,” Vermont Attorney General William Sorrell said. “EPA does the nation a disservice by pretending that it has no authority to regulate this harmful pollutant.”

            “It is important for the District to join this action because greenhouse gases, such as carbon dioxide from vehicles, contribute considerably to local air quality control problems,” District of Columbia Corporation Counsel General Robert J. Spagnoletti said. “Greenhouse gases pose a significant risk to human health and environment, and EPA must address this issue.”

            “The U.S. EPA's decision to not regulate greenhouse gas emissions, and that these emissions technically don't even count as air pollutants, is flat wrong, disturbing and dangerous to the health and safety of our citizens,” California Attorney General Bill Lockyer said.  “Unfortunately, this is what we have come to expect from a White House that dresses up as ‘Clear Skies' policies that will keep our air dirty.”

            On August 28,  the EPA issued two rulings declaring that the agency does not have statutory authority to regulate greenhouse gas emissions under the Clean Air Act. These rulings contradict earlier testimony and statements made by the EPA to Congress in 1998, 1999 and 2000 stating that the agency does in fact have the legal power to regulate such pollutants. Many of the environmental groups that submitted the original global warming petition in 1999, including the International Center for Technology Assessment and Greenpeace, are also challenging the EPA in court today.

            Identifying climate change as the “most pressing environmental challenge of the 21st century,” Attorneys General from 11 states first raised concerns about global warming in a July 2002 letter to the Bush Administration. Pointing to a federal report, released in 2002 confirming the dangers of global warming, the state Attorneys General urged President Bush to act immediately and take a “strong national approach” to the problem. The report, U.S. Climate Action Report 2002, confirms the dangers of global climate change and projects that its primary cause, emissions of greenhouse gases - carbon dioxide produced from the combustion of fossil fuels - will increase by 43 percent by 2020.

            According to the U.S. Climate Action Report, global warming can result in:

            Increased Temperatures. Average temperatures have already increased by one degree Fahrenheit over the past century, and are projected to increase by five to nine degrees Fahrenheit over the next century. The increase could dramatically change weather patterns in every state and will likely destroy some fragile ecosystems.

           Rising Sea Levels. Sea levels have already risen four to eight inches over the last century and are projected to rise another 4 to 35 inches during the next century. Rising sea levels could cause more coastal flooding, and will likely obliterate coastal wetlands and barrier islands.

            Increased Health Risks. Global warming can result in illnesses and deaths associated with temperature extremes, storms and other heavy precipitation events, air pollution, water contamination, and diseases carried by mosquitoes, ticks and rodents. A 2002 report released by

the World Health Organization (WHO) indicated that 154,000 deaths were attributed to global warming in 2000. Another study published last year in the journal Science warns of increased risks from insect-borne diseases such as malaria and yellow fever.

            In response to the lack of initiative at the federal level, several states are taking steps to

reduce greenhouse gas pollutants at the state level.  Massachusetts adopted regulations in 2001 designed to reduce carbon dioxide pollution from power plants and New Hampshire recently enacted  "cap and trade" legislation. In May, the Maine legislature enacted a bill that directs the state Department of Environmental Protection to develop a long-term climate action plan to reduce emissions of greenhouse gases to 1990 levels by 2010, and at least 10 percent below 1990 levels by 2020. In 2002,  California adopted a law that will lead to the "maximum feasible" reductions of carbon dioxide emissions from vehicles.

            As part of a Regional Greenhouse Gas Initiative convened by New York, nine northeastern states (Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont) are developing a cap and trade program to reduce carbon dioxide emissions from power plants. Most states have enacted legislation or regulation, or commenced litigation, to enhance energy efficiency and renewable energy technologies.

            The 11 states that signed on to today's petitions are Connecticut, Illinois, Maine, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington. American Samoa and the District of Columbia also signed on to the states’ petitions and California is filing separately.

            Two cities, New York City and Baltimore, are also formally challenging the EPA today. Several major environmental groups are also filing separate petitions. The environmental groups bringing that legal action are Bluewater Network, Center for Biological Diversity, Center for Food Safety, International Center for Technology Assessment, Conservation Law Foundation, Environmental Advocates, Environmental Defense, Friends of the Earth, Greenpeace, National Environmental Trust, Natural Resources Defense Council, Sierra Club, the Union of Concerned Scientists and US Public Interest Research Group (PIRG).

            Today's legal challenges were filed in United States Court of Appeals for the District of Columbia Circuit.                                                

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MAINE JOINS COALITION SUING EPA TO PROTECT CLEAN AIR ACT

October 27, 2003

OCTOBER 27, 2003

JERRY REID, ASSISTANT ATTORNEY GENERAL, 207-626-8545

 

            A coalition of 12 states, the District of Columbia and local governments today sued the Environmental Protection Agency to block changes it is making to the regulations that implement key aspects of the federal Clean Air Act. The suit argues that the new regulations will sharply weaken national air pollution protections and result in damage to the environment and public health.  Only Congress has the authority to make sweeping changes in the Clean Air Act.

            Maine Attorney General Steven Rowe said: “The statutory mission of the EPA is to protect human health and to safeguard the natural environment upon which life depends.  It is indeed ironic that this agency would try so hard to undermine one of our nation’s most important health and environmental protection laws.  The EPA cannot adopt regulations that effectively repeal laws enacted by Congress. With the help of the court, we will put a stop to this outrageous effort.”

            A number of local governments joined in the lawsuit, including the City of New York and others.

            The new rules by the Environmental Protection Agency undermine Congressional intent in passing this pioneering environmental legislation.  Specifically, the new rules will allow coal-fired power plants, oil refineries and other large industrial sources to release more pollution into the nation’s skies.

            The Clean Air Act requires existing industrial sources of air pollution to install modern air pollution controls when they are modified.  While Congress intended pollution controls to be added for any modification that increases pollution, EPA long ago allowed exemptions for “routine maintenance” to exclude routine work that would not be expected to increase pollution.

            For many years, including under the Reagan Administration and the first Bush Administration, EPA interpreted the routine maintenance exemption in a common sense fashion.  EPA looked at the nature, purpose, cost and frequency of the modification to determine if it was routine.  Courts upheld this approach.   In a dramatic change, however, the new regulation states that any modification costing up to 20 percent of the replacement cost of the unit will be considered routine maintenance, therefore exempt from pollution controls, even if the plant modification results in much higher levels of air pollution.  Labeling such a project as routine maintenance, the new regulation would turn a blind eye to any air pollution increases caused by the project.

            For instance, if a power plant was built for $25 million 35 years ago -- before pollution controls were required under the Clean Air Act -- but replacement cost (of a new unit) would cost $100 million, the power plant operator could spend up to $20 million on any project to upgrade and extend the life of the plant without installing any air pollution controls.  Even if the plant actually polluted more than it had, it would not be required to install modern pollution controls under the new rule.

            The revisions to the New Source Review program were signed by the EPA Acting Administrator on August 27, 2003, but did not become final until they appeared in the Federal Register today.

            The new regulation guts the very provision of the Clean Air Act that states and the EPA have successfully used in lawsuits targeting dirty power plants, oil refineries and other polluting facilities. This year alone, those lawsuits have resulted in major settlements with Virginia Electric Power Company and Mirant Corporation that will substantially reduce air pollution. In addition, the EPA and the states of New York, Connecticut and New Jersey scored a major victory for clean air against Ohio Edison on August 7, 2003, when a federal judge in Ohio ruled in their favor under this provision.

            Today’s action was filed in United States Court of Appeals for the District of Columbia Circuit, where a currently pending challenge to the first round of Clean Air Act rollback regulations was filed Dec. 31, 2002.  Last week a similar coalition of states, local governments, and public interest groups filed suit in the same court to compel EPA to address global warming by regulating greenhouse gases.

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MAJOR TOBACCO COMPANIES WILL ELIMINATE ADVERTISING FROM SCHOOL EDITIONS OF NEWSWEEKLY MAGAZINES

November 10, 2003

ATTORNEY GENERAL STEVE ROWE ANNOUNCES THAT MAJOR TOBACCO COMPANIES HAVE AGREED TO ELIMINATE ADVERTISING FROM SCHOOL EDITIONS OF NEWSWEEKLY MAGAZINES

 

November 10, 2003

MELISSA REYNOLDS O’DEA, ASSISTANT ATTORNEY GENERAL, 207-626-8552

Attorney General Steve Rowe announced today that the principal tobacco companies whose advertising has appeared in Time, Newsweek, and U.S. News and World Report have agreed to the request by the Attorneys General that they remove advertising for their cigarette and smokeless tobacco brands from copies of those magazines that are sent to schools as part of the magazines’ school programs.

Attorney General Rowe welcomed the move by Brown & Williamson Tobacco Corp., Philip Morris USA Inc., R.J. Reynolds Tobacco Co., and U.S. Smokeless Tobacco Co.  “Millions of kids read these magazines in their schools every week,” Attorney General Rowe said.  “We are pleased that the companies have responded favorably to our request that they discontinue their ads in these school editions, thus significantly reducing the extent to which our children are exposed to tobacco advertising.”

The magazines’ school programs, known as Time Classroom, Newsweek Education Program, and U.S. News Classroom Extension Program, distribute hundreds of thousands of copies of the magazines to high school and middle school classrooms in the United States each week.  For example, about 300,000 copies of Newsweek are distributed to participating classrooms and each copy is read by an average of 3.5 students, representing an estimated total audience for Newsweek’s classroom program alone of one million students.

The four tobacco companies had placed approximately 120 cigarette and smokeless tobacco ads in these three magazines from January 2002 through June 2003.  Major magazine publishers employ a process called “selective binding” or “copy split,” which allows advertisers to place their ads in certain copies of the magazine and not in other copies.  In June, Attorney General Rowe, who serves as the Chair of the Tobacco Enforcement Committee of the National Association of Attorneys General, wrote to the four companies, asking that they make arrangements with the publishers to ensure that their tobacco ads did not appear in the classroom editions.  Discussions with the companies ensued, culminating in each company’s commitment to eliminate its ads from those editions.

* * * * *

AG Finds Deputy's Deadly Force In Gray Legally Justified

December 2, 2003

Attorney General Steven Rowe announced today that a Cumberland County deputy sheriff, James E. Ambrose, Jr., 44, was legally justified when he shot and wounded Steven A. Hanson, 25, in a vehicle in Gray, Maine, on the night of September 10, 2003.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Deputy Ambrose in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer's duties.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is being used or is imminently threatened against the officer. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that use of unlawful deadly force or that imminent threat of unlawful deadly force. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the general direction of another person or at a moving vehicle is also deadly force under Maine law.)

Attorney General Rowe determined that, based on his office's investigation and legal analysis, Deputy Ambrose actually and reasonably believed that Steven Hanson was using unlawful deadly force against him and that deadly force on the deputy's part was necessary to protect himself from death or serious bodily injury. Therefore, both requirements of the law were met, and the use of deadly force by Deputy Ambrose was legally justified. The Attorney General reported the following findings from his office's investigation:

On September 10, 2003, shortly after 11 p.m., Cumberland County deputy sheriffs Jennifer Gage and James Ambrose were dispatched to a market in Gray due to the activation of a burglar alarm at that market. The deputies investigated and determined that a cleaning crew had accidentally activated the alarm. The investigation completed, Deputy Ambrose then left the market, while Deputy Gage remained behind to await the arrival of someone to reset the alarm. As Deputy Ambrose was leaving the immediate area of the market, he observed a dark-colored vehicle with a headlight out traveling south on Route 100. Deputy Ambrose positioned his marked cruiser behind the vehicle, a blue two-door sedan, and activated the cruiser's emergency lights in order to stop the vehicle for the vehicle defect.

The vehicle stopped in response to Deputy Ambrose's signal. Deputy Ambrose observed four occupants in the vehicle, two in the front and two in the rear. When he reached the vehicle on foot, the three male passengers appeared to him to be feigning being asleep. The driver's door window was down approximately six inches, and loud music was playing. Deputy Ambrose asked the male driver to turn off the music and engine; and the driver, later identified as Steven A. Hanson, complied with the request. Deputy Ambrose was immediately suspicious of the occupants of the vehicle, based on his observation of the passengers appearing to feign sleep and the driver's positioning of his window. Deputy Ambrose asked Hanson for his driver's license, vehicle registration, and proof of insurance. Through the partially-opened window, Hanson provided Ambrose with a document unrelated to the deputy's request. Ambrose asked the driver his name, and the driver responded verbally, but Deputy Ambrose was unable to understand the response because of the driver's "garbled, thick and slurred" speech. Additionally, Deputy Ambrose observed that the driver's eyes were bloodshot, that a cooler was situated between the two passengers in the rear, and that a strong odor of alcoholic beverage was detectable coming from the inside of the sedan. Deputy Ambrose believed the driver was highly intoxicated.

Deputy Ambrose left the window of the sedan and went to the rear of the sedan to use his portable radio to request backup assistance from Deputy Gage, who Ambrose knew was still close by. Deputy Ambrose returned to the driver's window again, and directed all the occupants of the vehicle to show him identification. Through the partially opened window, the driver produced a crumpled birth certificate. At about the same time, Deputy Ambrose looked at the front of the vehicle on the driver's side and observed "fresh damage" to the vehicle that included a missing mirror on the driver's door and damage to the left front fender.

Deputy Ambrose returned to the position behind the driver's side rear doorjamb with his flashlight in his right hand just in time to observe the driver reinsert the key in the ignition and start the engine. Believing the operator intended to flee, and believing that the driver posed an immediate and significant risk to other motorists as well as to the other three occupants of the vehicle, Ambrose jerked open the driver's door and leaned into the interior of the vehicle, while simultaneously attempting to reach for both the break pedal with his right foot and the keys on the steering column with his right hand. At that moment, the driver applied the accelerator, causing the car to lurch forward, taking Deputy Ambrose with it. Ambrose found himself precariously positioned, his upper body and right leg in the car, his left leg being dragged along the pavement at approximately 15 to 20 mph. Deputy Ambrose commanded the driver a number of times to stop, but the commands went unheeded.

Deputy Ambrose then unholstered his weapon with his left hand (because the deputy is left-handed, his holster is on his left side), and although unable to actually aim from his awkward position, directed the barrel as best he could toward the driver. He then warned the driver that if he did not stop the vehicle, he would shoot. The warning was repeated at least three times, but the warnings again went unheeded. Deputy Ambrose then discharged the weapon several times. Thereafter, Ambrose suddenly fell from the vehicle, landing face down on the roadway. The vehicle's left rear tire ran over the deputy's left leg. From the roadway, Deputy Ambrose fired several more times at the vehicle as it picked up speed, the driver's door still partially open. Although it is not clear as to the point it occurred prior to Ambrose discharging his weapon, the driver tried to dislodge Ambrose from the vehicle by striking him multiple times in the side of the head with his fist.

Deputy Gage, having observed Deputy Ambrose being dragged, falling to the pavement, and shooting at the vehicle, pulled her cruiser up beside Deputy Ambrose on the roadway to check on his condition. Ambrose told Gage to pursue the fleeing vehicle. Deputy Gage immediately did so, activating her emergency equipment. The driver pulled over and stopped a few hundred feet further south on Route 100. Deputy Gage took control of the occupants. In the meantime, Deputy Ambrose drove his cruiser to Gage's location, and assisted Deputy Gage in securing the occupants of the vehicle. Other officers then arrived.

Deputy Ambrose and Hanson were transported to the Maine Medical Center for treatment. Hanson was treated for a single gunshot wound to the left shoulder. Deputy Ambrose was treated for the injury to his left leg; it was noted that his jaw was bruised. Hanson was later charged by the Cumberland County District Attorney's Office with aggravated assault and assaulting a police officer.

The Cumberland County Sheriff's Office cooperated fully in the investigation. Assisting with the investigation were detectives and forensic specialists of the Maine State Police. In addition to the criminal investigation conducted by the Attorney General's Office, the Sheriff's Office conducted its own internal review and investigation of the incident.

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

AG SUES WESTBROOK COMPANY SOLICITING FOR LAW ENFORCEMENT

December 5, 2003

DECEMBER 5, 2003

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

The Attorney General’s Office today filed an eleven-count complaint in Kennebec County Superior Court against a Westbrook company, East Coast Marketing Group, Inc., and its owner, Gaylon Boshears, alleging that their solicitations for the Kennebec County Dive and Rescue Association and Cumberland County TRIAD violated Maine’s Solicitation by Law Enforcement Officers Act, the Charitable Solicitations Act, the Unfair Trade Practices Act, and two previous court injunctions. 

The complaint alleges that East Coast, its officers, or agents illegally:

·        failed to disclose that they were paid fundraisers;

·        failed to conspicuously disclose the company’s name and address;

·        falsely implied that they were law enforcement officers;

·        failed to keep accurate and complete financial records and telephone scripts;

·        represented that donations would benefit law enforcement;

·        misrepresented that donations were tax deductible; and

·        used the name of the Attorney General’s Office as part of a solicitation without permission.

In 2000 and 2002, East Coast settled two other lawsuits brought by the Attorney General over similar conduct. 

Assistant Attorney General Linda Conti, division chief for consumer protection in the AG’s Office, said, “East Coast’s persistent illegal conduct sullies the reputation of good causes and good companies.  Both consumers and charities should be aware that East Coast has a history of unfair trade practices litigation, and that it appears unfazed by court orders against it.”

Today’s suit seeks a court injunction, consumer restitution, monetary penalties, and litigation costs.

* * * * *

AG FILES CIVIL RIGHTS CASE IN PORTLAND ANTI-GAY ASSAULT

February 4, 2004

FEBRUARY 4, 2004

JERRY REID, ASSISTANT ATTORNEY GENERAL, (207) 626-8545

 

            Attorney General Steven Rowe today announced that his office has filed a civil enforcement action under the Maine Civil Rights Act against Joshua R. Nisbet, of South Portland.  The Attorney General’s complaint, filed in Cumberland County Superior Court, alleges that Nisbet assaulted two Cumberland County men because of a bias against their perceived sexual orientation.  On October 3, 2003, the victims were walking along the sidewalk on Pine Street in Portland near Blackstone’s, a bar that caters to the gay community.  A car operated by Nisbet pulled up alongside the two men, and a front seat passenger asked them if they had a “light.”  The Complaint alleges that Nisbet and his passenger then got out of the car, yelled an anti-gay slur at the victims and assaulted the two men, striking them in their faces.

The Attorney General’s complaint seeks a restraining order against Nisbet.  The Complaint was referred to the Attorney General’s Office by the Portland Police Department.

            Attorney General Rowe said, “This conduct is disturbing, offensive, and illegal.  Maine people will not stand for bias-motivated violence.”

            Attorney General Rowe expressed his appreciation for the investigation conducted by the Portland Police Department in this matter.  

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INJUNCTION ISSUED IN FRYEBURG AND BROWNFIELD RACIAL ATTACKS

February 6, 2004

FEBRUARY 6, 2004

LEANNE ROBBIN, ASSISTANT ATTORNEY GENERAL (207) 626-8581

 

Attorney General Steven Rowe announced today that the Maine Superior Court Justice Ellen Gorman issued an order permanently enjoining Roseann Hinds and Francis Warren of Brownfield from violating the Maine Civil Rights Act.  The court found that Hinds harassed and assaulted African-American and Bermudian students at Fryeburg Academy in spring, 2001, and that Hinds and Warren brutally assaulted an African-American guest of their niece’s at their Brownfield home in August, 2002.  The court found that their conduct was motivated by bias based on the victims’ race, ancestry or national origin. 

The order prohibits Hinds and Warren from coming onto the property of Fryeburg Academy or knowingly coming within 150 feet of the victims, their residences or their families.  They are also enjoined from threatening or using physical force or violence against any other person motivated by reason of that person’s race, color religion, sex, ancestry, national origin, physical or mental disability, or sexual orientation.  If Hinds or Warren knowingly violate the order, they will be committing a class D crime, punishable by up to one year in jail and a fine of up to $2,000.  

            During the assaults, Hinds and Warren made frequent use of a racial epithet aimed at African-Americans.  In her threats towards the Fryeburg students, Hinds made reference to the notorious hate crime in Texas, in which an African-American named James Bird was dragged behind a truck to his death. 

“Many students choose to come to Fryeburg Academy from urban areas and other countries in order to obtain a safe educational experience in a small, picturesque New England town,” said Attorney General Rowe.  “The defendants’ conduct shattered the students’ sense of safety and community.  The court’s order will ensure that the defendants’ racial harassment, threats and violence will no longer mar this community.”

            The defendants were also convicted criminally for their conduct on charges brought by District Attorney Norman Croteau, who serves Oxford, Franklin and Androscoggin Counties.

* * * * *

Consumer Alert: Poser "Florists" Want To Deliver Your Valentines' Posies

February 10, 2004

What's in a name? While a rose by any other name would smell as sweet, getting duped by a fake florist listing in your local phone book would stink.

Before you order that bouquet for your valentine, you should know that the telephone book contains venus flytraps for the unwary. Out-of-state telemarketers maintain listings in the white pages that are intended to deceive consumers into believing they are local, legitimate florists. They list under town names and local exchange numbers like, "Ellsworth Florist, 667-1111." Calls to those numbers get forwarded to "boiler rooms" that take orders and credit card information for payment. The telemarketers forward orders to an area florist, but only after pocketing a hefty processing fee and sometimes a percentage of the sale as well. You don't realize you've been scammed until you get higher than expected charges from an unfamiliar company on your credit card statement, or learn that the flowers weren't delivered as ordered.

Follow these simple tips to protect yourself:

  • Ask neighbors, family, friends, and co-workers for recommendations.
  • Deal only with shops that list a street address with their phone number. If you're asking directory assistance for a number, also ask for the street number and address. If there isn't one, consider doing business with another florist.
  • Ask the florist to itemize the charges. In addition to the price of the arrangement, most florists charge a delivery fee and taxes if you live in the same state.
  • Ask the florist for directions to the shop. If they hesitate or refuse, consider this a red flag, and avoid doing business with the florist.

CHARLES DOW, COMMUNICATIONS & LEGISLATIVE AFFAIRS (207) 626-8577

LEWISTON POLICE USE OF DEADLY FORCE FOUND LEGALLY JUSTIFIED

February 13, 2004

FEBRUARY 13, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 626-8577

 

            Attorney General Steven Rowe announced today that three Lewiston police patrol officers, Carly Conley, 24, Eric Syphers, 33, and Matthew Vierling, 33, were legally justified when they shot and wounded Vince A. Berube, 40, of Norway, outside the Lewiston Police Department, on the night of December 17, 2003.

            The Attorney General's investigation focused on the issue of whether the use of deadly force by the officers in the particular situation was legally justified.  The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer’s public duty.

            Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met.  First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person.  Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat of unlawful deadly force.   (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury.  With respect to a firearm, intentionally or recklessly discharging a firearm in the general direction of another person is also deadly force under Maine law.) 

Attorney General Rowe determined, based on the investigation conducted by his office and the application of controlling Maine law, that Officers Conley, Syphers, and Vierling actually and reasonably believed that unlawful deadly force was being imminently threatened by Vince Berube against Officer Conley and that the use of deadly force on their part was necessary to thwart that threat.  In addition, Officers Syphers and Vierling actually and reasonably believed that unlawful deadly force was being imminently threatened by Vincent Berube against them, and that the use of deadly force on their part was necessary to thwart that threat.  Therefore, both requirements of the law  were met, and the use of deadly force by Officers Conley, Syphers, and Vierling was legally justified.

            The Attorney General reported the following findings from his office's investigation:

 

Shortly before 9:35 p.m. on Wednesday, December 17, 2003, Patrol Officer Carly Conley exited to the rear of the Lewiston Police Headquarters into what is known as the “compound,” a fenced parking area, bordered by Park and Spruce Streets, designated for police vehicles.  Conley was on duty and in uniform as she made her way towards her police vehicle.  It was a very rainy and windy night.  Conley observed a pickup truck drive into the police compound through the Spruce Street access gate and stop.  She walked past the passenger side of the vehicle toward her own police car, observing on her way by that no passenger was in the truck.  Within seconds, she heard a door open and a man’s voice from the driver’s side of the truck yelling profanities about the police, accompanied by smashing sounds from the vicinity of where she knew police cruisers to be parked.

Conley used her portable radio to request immediate assistance in the compound.  She then retraced her steps to a position behind the pickup truck and observed a man, a stranger to her, striking a police cruiser with a silver-colored metallic object she believed to be a hatchet, continuing all the while to yell and scream.  The man, later identified as Vince A. Berube, 40, of Norway, upon seeing Conley, immediately redirected his yelling and screaming at her, raised the object in his right hand above his head, and charged towards her.  At that moment Officer Conley believed Berube to be in a “rage.” See note below.  She further observed that Berube’s shirt was bloodied.  

Officer Conley retreated backwards toward the police building, all the while maintaining visual contact of Berube and yelling commands to Berube of “stop,” and “don’t move.”  Officer Conley’s commands to Berube had no effect on him, and Conley recognized that the distance between them was closing faster than she could backpedal.  Continuing to retreat, Officer Conley drew her service weapon and aimed it at Berube.  Berube showed no reaction to the display of the firearm or the verbal commands of Officer Conley; he continued to close the distance between them rapidly.  When Berube was about six feet from Conley, the officer discharged her service weapon multiple times at Berube.  Berube fell to his knees, then onto his side.

            At about the same moment that Officer Conley discharged her service weapon at Berube, Officers Syphers and Vierling, in response to Conley’s earlier radio call for assistance, exited to the rear of the police building into the compound to the sound of gunfire.  Both observed Officer Conley, her service weapon drawn and pointed to her front, to be backpedaling.  Both observed Berube on the ground.  Neither officer at that point knew that it was Officer Conley who was exclusively responsible for the gunfire.  Both officers heard Conley repeatedly order Berube to “stop” and “don’t move.”  Both officers drew their service weapons and aimed them at Berube.  At this point Berube was lying on his right side, his back to the officers.  Officer Syphers, unsure as to whether Berube was armed, unable to see Berube’s hands, and seeing Berube disregarding Conley’s commands by moving his body in an apparent effort to get up, ordered Berube to “stay down,” and “show me your hands.”  Berube ignored Syphers’ commands and, in the process of Berube turning his body, Officer Syphers saw a metallic object in Berube’s moving hand.  Officer Syphers ordered Berube to “drop the weapon.”  When Berube failed to comply, Officer Syphers discharged his service weapon multiple times at Berube.  Officer Vierling, unsure as to whether Berube was armed, but observing Berube ignore the verbal commands of both Officer Conley and Officer Syphers, fired multiple times at Berube when Berube began to turn his body towards Syphers and Vierling.

            It was determined from the Lewiston police radio log that the duration of time from Officer Conley’s call for assistance to the first report of shots fired in the compound was ten seconds.

            Additional officers immediately entered the compound.  Berube was disarmed of the weapon, which at that point was determined to be a large, silver-colored, claw framing hammer.  Berube was provided immediate medical attention by officers and, a few moments later, by paramedics.  Berube was taken by ambulance to a Lewiston hospital where he underwent treatment for several gunshot wounds, and has since been released.

            Later investigation disclosed that Vince Berube, prior to entering the police compound in his vehicle, had suffered several puncture wounds to his torso, as well as lacerations to his wrists.  Berube told those later treating him that he had himself inflicted those wounds, and he made repeated requests that no efforts be made to save his life.

            The Androscoggin County District Attorney’s Office has charged Vince Berube with criminal offenses as a result of the incident.  Six detectives from the Office of the Attorney General went to the scene of the shooting in Lewiston to conduct the investigation.  They were assisted in the investigation by detectives from the State Police, as well as personnel from the State Police Crime Laboratory.  The Lewiston Police Department cooperated fully with the investigation and is conducting its own departmental review of the incident.

 

Note: Officer Conley is 5 feet 3 inches tall and weighs about 120 pounds.  Berube is 6 feet 1 inch tall and weighs about 210 pounds.

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TAX EVADER TO SERVE TIME

February 17, 2004

FEBRUARY 17, 2004

WILLIAM BAGHDOYAN, ASSISTANT ATTORNEY GENERAL (207) 626-8512

 

Attorney General Steven Rowe announced that Frank C. Greenleaf, a retired Merchant Marine now living in Milford, Maine, was sentenced to jail last Friday for avoiding state income taxes by falsely claiming that he was a New Hampshire resident.  Greenleaf used a friend’s New Hampshire address, obtained a New Hampshire driver’s license and registered to vote in that state, even though he had never in fact lived or worked there.  He was convicted on January 27, 2004, on two counts of income tax evasion (class C) and two counts of failure to make and file Maine income tax returns (class D) following a jury-waived trial in the Penobscot County Superior Court before Justice Thomas D. Warren. 

After commenting that Greenleaf had created an “artifice” to avoid taxes, Justice Warren sentenced him to 18 months in jail with all but 90 days suspended, and two years probation.  Conditions of probation will include performance of 200 hours of community service and payment of  $26,851 in restitution.  He will also pay $2,000 in fines.  His sentence has been stayed pending appeal.

“Maine residents who commit income tax evasion are stealing from the citizens of this State,” commented Attorney General Rowe.  “My office will vigorously prosecute those individuals who lie about their residence in order to avoid paying their fair share of Maine taxes.”

The Attorney General thanked the Maine Revenue Services Criminal Investigation Unit for the investigation of this case.

* * * * *

AG AND SECURITIES ADMINISTRATOR FILE SUIT OVER REAL ESTATE PONZI SCHEME

February 24, 2004

FEBRUARY 24, 2004

MICHAEL COLLERAN, ASSISTANT ATTORNEY GENERAL, 207-626-8834

CHRISTINE BRUENN, SECURITIES ADMINISTRATOR, 207-624-8551

 

            Attorney General Steven Rowe announced today that his office has filed a civil suit in Penobscot County Superior Court against a Dexter couple and their real estate development company.  The Attorney General’s complaint, filed on behalf of the State and Securities Administrator Christine Bruenn, alleges that William and Barbara Gourley and Bill & Barb Gourley, Inc., violated state securities laws in selling more than $4.5 million dollars worth of promissory notes to investors over an eleven-year period.  Specifically, the complaint alleges that the Gourleys failed to register the notes as securities, made misrepresentations to potential investors regarding the profitability of the enterprise and the risk involved in the investments, and failed to disclose that the notes all were secured by property worth less than $200,000.  Among other relief, the suit seeks restitution for investors, civil penalties, and an injunction against further sales of securities by the Gourleys.

            The Attorney General’s complaint states that the Gourleys promised rates of return on the notes of between 12 percent and 20 percent and that the only way the Gourleys could meet that promise was to use money invested by new investors to pay interest to previous investors – a classic Ponzi scheme, according to the Attorney General.

            Attorney General Rowe and Securities Administrator Bruenn warned Mainers to be wary of investments promising high rates of return with low risk.  Maine consumers and investors may contact the Office of Securities toll free at 1-877-624-8551 to report questionable investments or sales practices or to obtain information about investing, stock brokers, financial planners, stocks, bonds, mutual funds, or other investment opportunities.

* * * * *

AG RELEASES REPORT ON CHILD SEXUAL ABUSE BY PRIESTS

February 24, 2004

Supporting documents

OAG Report 02.24.2004

CONSUMER ALERT: E-YELLOW PAGES AD SOLICITATIONS CAUSING CONFUSION

March 4, 2004

MARCH 4, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            Is it Verizon calling or Horizon calling?  The Attorney General’s Consumer Division has received numerous complaints from Maine businesses that were called by a company they thought was Verizon, telling them it was time to renew their “Yellow Pages” listing.  In fact, it was a caller claiming to be “Horizon E-Yellow Pages” and pronouncing the name in such a way that it seemed that Verizon was calling. 

            Horizon appears to be targeting small Maine businesses and church offices, which are led to believe that it is Verizon calling to renew their Yellow Pages listing.  Soon the business receives a bill for approximately $400 from a company they have never heard of and certainly have not had a previously listing with.  If you have been fooled into contracting with Horizon E-Yellow Pages, contact the Attorney General’s Consumer Division at 1-800-436-2131 or send an email to consumer.mediation@maine.gov.

* * * * *

AG CONTINUES TO ENFORCE SMOKING VIOLATIONS

March 26, 2004

MARCH 26, 2004

JOHN ARCHARD, TOBACCO CONTROL COORDINATOR, 207-626-8837

 

            The Attorney General’s Office today announced the filing of two additional lawsuits against bars for allowing smoking in violation of the ban that became effective January 1, 2004, and one lawsuit against a business that has been required to be smoke-free since 1993.  In each case, citizen complaints sparked investigations that confirmed that the Northland Hotel and Jackman Hotel in Jackman and the PC Junkyard in China failed to observe the smoking ban.  

             “Public smoking is prohibited for the protection of both the patrons and employees of Maine businesses,” said Attorney General Rowe.

            “We will continue to take action to protect the public from secondhand smoke and compliant businesses from unfair competition,” said Tobacco Control Coordinator John Archard. To learn more about the effects of tobacco use in Maine, go to:http://tobaccofreekids.org/reports/settlements/TobaccoToll.php3?StateID=ME

MAINE DOMESTIC ABUSE HOMICIDE REVIEW PANEL ISSUES REPORT, RECOMMENDATIONS

March 26, 2004

MARCH 26, 2004

LISA MARCHESE, ASSISTANT ATTORNEY GENERAL, 207-626-8508

 

            Attorney General Steven Rowe today announced the release of the biennial report of the Maine Domestic Abuse Homicide Review Panel, which seeks to improve community response to domestic violence (DV) by studying DV cases that end tragically in homicide.  In the last two years, the panel reviewed twelve DV homicide cases that occurred between 1998 and 2003.  The entire report can be downloaded by clicking: http://www.state.me.us/ag/dynld/documents/HRPanel5th_report.pdf

            The Maine Domestic Abuse Homicide Review Panel is a multidisciplinary group that reviews domestic abuse homicide cases with an eye to potential systems changes that would positively impact the lives and safety of victims of domestic violence and their children.  Assistant Attorney General Lisa Marchese is a homicide prosecutor and the current chair of the panel.  Marchese said, “We try to extract the lessons from each case we review.  It is difficult, but worthwhile work.  We see progress; there is hope.”

The report includes observations and recommendations that address many different community systems and groups including law enforcement, domestic violence service providers, State human services programs, the media, the healthcare system, batterer intervention programs, faith communities, and others.  The goal of the recommendations is to identify gaps in services or in communities that may have left victims more vulnerable and that may, if addressed, help prevent future homicides from occurring.  The panel's recommendations seek to enhance Maine's coordinated community response to domestic violence by focusing on victim safety and abuser accountability.

Recognizing the devastating effect of domestic violence homicides on children, the panel makes several recommendations to law enforcement, the courts, schools, and others, to increase response, services, and information to those young people who are left parentless by a domestic violence homicide, who are exposed to domestic violence, or who exhibit signs of being victims or perpetrators.

            For the first time since the panel's inception in 1997, the report also includes updates and progress on the implementation of recommendations.

* * * * *

 

TROOPER, DEPUTY SHERIFF JUSTIFIED IN NORTH WATERBORO USE OF DEADLY FORCE

March 29, 2004

MARCH 29, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            Attorney General Steven Rowe announced today that a State Police officer, Trooper Jack W. Dow, III, was legally justified when he shot and wounded Thomas E. Harrington, 37, of Limerick around midday on January 21, 2004, on Route 5 in North Waterboro just north of the town-line bridge spanning the Little Ossipee River.  The Attorney General also said that a York County deputy sheriff, Sergeant Roger Hicks, was legally justified when, some ten or more minutes earlier, he fired one round at Harrington on Route 5 in Limerick about three tenths of a mile south of the town-line bridge.

            The Attorney General's investigation focused on the issue of whether the use of deadly force by the officers in the particular situation was legally justified.  The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force in the performance of the officer’s duty.

            Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met.  First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person.  Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat.   (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury.  With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person or at a moving vehicle is also deadly force under Maine law.) 

            Attorney General Rowe determined that, based on the investigation and legal analysis conducted by his office, Sergeant Hicks and Trooper Dow, in separate but related encounters with Thomas Harrington, both actually and reasonably believed that unlawful deadly force was imminently threatened by Harrington, against another — namely Sergeant Harvey Barr in the case of Sergeant Hicks, and against Trooper Dow himself in the case of Trooper Dow.  Further, based on the investigation and legal analysis, Attorney General Rowe determined that Sergeant Hicks and Trooper Dow both actually and reasonably believed that deadly force on their part was necessary — in the case of Sergeant Hicks to protect another, namely Sergeant Barr, and, in the case of Trooper Dow, to protect himself.

The Attorney General reported the following findings from his office's investigation:

 

Citizen Report

On January 21, 2004, close to noontime, a citizen on a cellular phone reported to the York County Sheriff’s Office that a tall, thin man, wearing a baseball cap, a red and white sleeved jacket with the word “Patriots” on the back, and jeans, was walking southerly on Route 5 just beyond the town-line bridge and was carrying a handgun pointed at the ground. 

 

Use of Deadly Force by Sergeant Hicks

Sergeant Roger Hicks, informed of the citizen’s report by the York County Sheriff’s Office, went to the described area to investigate.  He was in uniform and driving a marked police cruiser.  He located a man, matching the citizen’s description, walking in the southbound breakdown lane on Route 5 toward Waterboro.  The man was wearing black gloves and carrying what appeared to Sgt. Hicks to be a German Luger (a semiautomatic pistol widely used by German troops in World War II) in his right hand pointed at the ground.  (The man was later identified as Harrington.)  Sergeant Hicks stopped his cruiser about 60 feet in front of Harrington and activated the cruiser’s rear blue emergency lights.  Harrington continued walking south on Route 5 toward the stopped cruiser.  Sergeant Hicks exited his cruiser and stood next to it.  Harrington stopped about 30 feet from Hicks.  Harrington said nothing.  Hicks instructed Harrington to put the gun on the ground.  Harrington said, “No.”  Hicks repeated his command.  Harrington’s body stiffened and he again refused, while staring straight at Hicks in an apparent challenging manner.  Sergeant Hicks, believing himself to be in danger, then drew his service weapon, pointed it at Harrington, and ordered him to get on the ground and to put the weapon down.  Harrington, continuing to look straight at Sgt. Hicks, responded, “Fuck you pig.  Shoot me,” or words to that effect.  Harrington then turned around and started walking northerly, crossing the roadway into the northbound lane, then into the breakdown lane, ignoring Hicks command to stop.  Sergeant Hicks went back to his cruiser and notified the York County dispatcher that the person was armed with a firearm in his right hand and wanted Hicks to shoot him.  He then made repeated unsuccessful attempts to have Harrington stop and lay his firearm on the ground by driving his cruiser up behind Harrington, getting out, and speaking to him.  Harrington continued throughout to ignore the commands, sometimes verbalizing his refusal.  At a point, Sergeant Harvey Barr, also of the York County Sheriff’s Office, in uniform and driving a marked police cruiser, arrived from the south.  Barr observed that Hicks was in his cruiser following a man in the breakdown lane who appeared to have a firearm in his right hand.  Barr took up a position in the southbound lane paralleling Sergeant Hick’s cruiser that was then occupying the northbound lane.  Thereafter, each officer alternated driving up behind Harrington, with the driver’s door open, exiting the cruiser, and calling upon Harrington to stop and put down his firearm.  Each time, Harrington ignored their commands and continued to walk past them in a northerly direction.  After this leapfrogging tactic had been employed a number of times, Sergeant Barr moved up once again to speak to Harrington.  Barr, while in the process of exiting his cruiser, reached back into the cruiser to move the gearshift lever into park.  At that moment, Harrington suddenly veered onto the roadway toward Barr’s cruiser, raised his right arm, and pointed his weapon directly at Sergeant Barr.  A distance of about 15 feet separated the two men.  Hicks, then outside his own cruiser pointing his service weapon at Harrington’s left side and believing that Harrington was about to shoot Sergeant Barr, discharged one round at Harrington at a distance of about 36 feet.  In response, Harrington lowered his right arm to his side, turned to face Hicks and yelled, “You fucking missed me.  You’re a lousy fucking shot,” or words to that effect.  Harrington then turned around, moved back to the breakdown lane and resumed walking northerly on Route 5, the weapon at his side.  Sergeant Hicks notified dispatch that he had fired one round at the armed person who had raised his firearm at Sergeant Barr.  

Just as Sergeant Hicks fired at Harrington, Deputy David Scullion, also of the York County Sheriff’s Office, arrived from the south and exited his marked cruiser and heard a gunshot.  Deputy Scullion, also in uniform, drew his service weapon and took up a position behind Hicks’ cruiser using it as a shield.  Scullion observed that Harrington was carrying in his right hand what appeared to him to be a German Luger.    Thereafter, Sergeants Barr and Hicks resumed their leapfrogging tactic, with Scullion walking behind Hicks’ cruiser, all the way up Route 5 to the bridge across the Little Ossipee River.  Harrington, apart from stopping and yelling back over his shoulder a few times, kept up a steady pace northbound, ignoring the commands of the three officers to stop and lay his firearm on the ground. 

 

Use of Deadly Force by Trooper Dow

            At a point in time well before Hicks discharged the round at Harrington, State Police Trooper Jack Dow, to the knowledge of both Sergeant Hicks and Barr, took up a position on Route 5 well north of Hicks’and Barr’s location, but south of the town-line bridge.  Dow was in uniform and driving a marked cruiser.  Dow exited his cruiser armed with a rifle and alternated between blocking all traffic arriving from the north on Route 5, and watching Harrington as he walked along the northbound side in the break down lane toward Dow’s position.  Harrington was carrying a gun in his hand.  Two Sheriff’s cruisers were following him.  Each time that Harrington got close to his position, Trooper Dow backed his cruiser up to maintain a safe distance.  After having moved his cruiser for the second or third time and, while out of his cruiser directing vehicles away that were appearing from behind him, Dow turned to see Harrington approach a deputy sheriff cruiser and raise his firearm.  Immediately thereafter he heard a gunshot but was unable to determine who had fired.  As he continued to watch, Harrington resumed walking towards Dow’s position.  As Harrington closed in on his position, Dow could hear the deputies ordering Harrington to stop and put down his gun.  Dow eventually backed his cruiser up a final time, taking up a position immediately beyond the north side of the town-line bridge with his cruiser parked diagonally in the southbound lane.  Just before Harrington reached the town-line bridge, Sergeant Jonathan Shapiro of the Maine State Police drove up to the bridge from the south behind Hicks and Barr.  He radioed Dow not to let Harrington get beyond his position because of the danger posed by Harrington to the occupants of the stopped vehicles backed up to Dow’s rear, to bystanders, and to the potential occupants of homes located north of the bridge. 

            When Harrington began to cross the bridge, Dow put the rifle he was carrying down on the trunk of his cruiser and drew his service weapon.  Trooper Dow yelled at Harrington numerous times to stop and put the gun down.  Harrington finally responded, “I’m not going to stop,” or words to that effect.  Dow continued to command Harrington to stop and put the gun down.  As Harrington walked by Dow’s position at the right rear of his cruiser, Dow started towards Harrington.   Harrington suddenly stopped, turned towards Dow, and brought his right arm around as if preparing to shoot Dow.  A distance of between 6 to 8 feet separated the two men.  Trooper Dow, believing that Harrington was about to shoot him, discharged two rounds at Harrington.  Harrington, struck in the abdomen by one of the rounds, fell to the ground.  Several civilians who witnessed the event variously described Harrington as “lunging” at the trooper, “raising the gun” toward the trooper, “veering directly toward” the trooper, “turning toward” the trooper, and “walking toward” the trooper.

Other officers, within seconds, kicked Harrington’s weapon, later identified as a CO² pellet replica of a German Luger, out of the reach of Harrington, and rendered immediate first aid.  Within minutes, emergency medical technicians arrived, treated Harrington at the scene, and then took him by ambulance to a Portland hospital.  Harrington survived his wound.  Criminal charges against him are being reviewed by the York County District Attorney’s Office.

Five detectives from the Office of the Attorney General went to the scene of the shooting to conduct the investigation.  They were assisted in the investigation by detectives and forensic specialists from the State Police, as well as members of the York County Sheriff’s Office.  Both the York County Sheriff’s Office and State Police cooperated fully with the investigation.  Both agencies are conducting their own departmental reviews of the incident.

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VICTIM/WITNESS ADVOCATES HELP FAMILY, FRIENDS OF HOMICIDE VICTIMS

April 20, 2004

APRIL 20, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            When someone is murdered in Maine, lawyers in the Attorney General’s Office direct the investigation and prosecution of the murderer.  But two other dedicated professionals have the difficult job of dealing directly with the murder victim’s loved ones or witnesses to the crime.  The victim/witness advocates in the Attorney General’s Office are on call for crisis intervention around the clock and provide a wide variety of services including death notification, referral to counseling, witness preparation, case status notification, and notification of prisoner release.

            Advocates Mary Farrar and Susie Miller are responsible for ensuring that the criminal justice system provides the following basic victims’ rights:

1.    To be treated with dignity and respect;

2.    To be assisted by criminal justice agencies;

3.    To be informed about the criminal justice system;

4.    To be notified, whenever practicable, of plea agreements, and to be able to comment on them;

5.    To be notified, whenever practicable, of the proposed dismissal of a charge before the action is taken;

6.    To have input at sentencing;

7.    To request restitution;

8.    To request compensation from the Victims’ Compensation Board for unreimbursed medical expenses;

9.    To be notified of the release of the incarcerated perpetrator; and

10.  To receive information on Maine law concerning victims’ rights.

 

Note: This is the first of four press releases related to National Victims’ Rights Week.  The schedule for the rest of the week is as follows: 4/21, Victims’ Compensation Fund; 4/22, Elder Financial Abuse and Exploitation; 4/23, Civil Rights Teams Project.

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Victims' Compensation Program Helps Victims Through Trauma And Hardship

April 21, 2004

The aftermath of a violent crime may leave victims and their families physically and emotionally traumatized, and with that trauma can come extraordinary bills and financial hardship. Since 1992, the Maine Victims' Compensation Fund has provided victims and families the means to minimize the financial impact of violent crime.

The fund is built from surcharges on criminal fines ($10 for class D and E, $25 for class A, B, C and murder), not State tax dollars. A three-member board, one each from Maine's legal, medical, and victims' services communities, considers applications for payment of unreimbursed expenses resulting from violent crime. Examples of assistance include a headstone for a murdered parent, counseling for a sexually molested child, counseling for family and household members of a murder victim, and counseling for child witnesses of domestic assault.

Payments are capped at $15,000 per claimant. Last year, 209 claims were paid at an average payment of $1,770. Claims must be based upon crimes reported to police.

The Victims' Compensation Fund also provides the funding for forensic examinations by hospital emergency rooms in sexual assault cases. Those awards are capped at $500 per case. Last year, the fund covered 167 such examinations with the average payment being $474

Note: This is the second of four press releases related to National Victims' Rights Week. The schedule for the rest of the week is as follows: 4/22, Elder Financial Abuse and Exploitation; 4/23, Civil Rights Teams Project.

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

AG ENLISTS HELP TO TACKLE ELDER ABUSE AND FINANCIAL EXPLOITATION

April 22, 2004

APRIL 22, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

           While an estimated 12,000 Maine seniors will suffer abuse this year, over 10,000 of them will suffer in silence.  That is because approximately 84% of all elder abuse cases go unreported.  With the third oldest population in the nation, Maine can not ignore the disturbing statistics, and no State official can change those statistics acting alone.

           That is why Maine’s Attorney General is enlisting help from law enforcement officers, elder advocates, social workers, direct care workers, facility administrators, medical professionals, and volunteers to understand and end elder abuse in Maine. 

           The Attorney General’s Office is reaching out in four ways:

1.      Assigning a full-time detective to investigate cases of elder abuse and financial exploitation;

2.      Providing Elder Service Officer (ESO) training to local police officers in Maine with the goal of having at least one ESO in each law enforcement agency;

3.      Holding a May 3, 2004, conference for over 400 people aimed at developing a community response to elder abuse; and

4.      Convening and participating in the Maine Elder Death and Abuse Review Team, which reviews elder abuse and death cases in an attempt to identify and rectify system failures.

 

Note: This is the third of four press releases related to National Victims’ Rights Week.  The schedule for the rest of the week is as follows:   4/23, Civil Rights Teams Project.

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CIVIL RIGHTS TEAMS PREVENT BIAS MOTIVATED HARASSMENT AND VIOLENCE

April 23, 2004

APRIL 23, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

           One day after a legislative proposal modeled after Maine’s Civil Rights Education and Enforcement program won a major victory in Rhode Island (see story at http://www.boston.com/news/local/maine/articles/2004/04/22/rhodeislandcommitteeapprovescreatingcivilrights_advocate/ size=3>), Attorney General Steven Rowe highlighted the excellent work of school-based civil rights teams around the State.  

           Over 200 teams are working to combat hate violence, prejudice, harassment, and bias in Maine schools.  Students learn intervention and peer education strategies to reduce intolerance and build an understanding of the Maine Civil Rights Act in their communities.  Civil Rights Teams are made up of students, teachers, and community advisors who work together to create a safer environment for all students and to lower the incidence of hate language.

           The teams receive training and support from the Attorney General’s Office at an annual statewide conference and at regional trainings.  Assistant Attorney General Thomas Harnett is the Director of Civil Rights Education and Enforcement.

           “It is important to end Victims’ Rights Week on a hopeful note, and nothing gives greater reason for hope than the changes in attitudes that result from Civil Rights Team work,” said Attorney General Rowe.  “That work not only makes schools safer today, it will make our State safer for a long time to come.”

 

Note: This is the last of four press releases related to National Victims’ Rights Week.  Please see our website www.maine.gov/ag for previous Victims’ Rights Week press releases.

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20 ATTORNEYS GENERAL SETTLE UNFAIR TRADE PRACTICES CLAIMS AGAINST MEDCO HEALTH SOLUTIONS

April 26, 2004

APRIL 26, 2004

CHARLES DOW, MAINE, 207-626-8577

SEAN CONNOLLY, PENNSYLVANIA, 717-787-5211

ANN DONLAN, MASSACHUSETTS, 617-727-2543

 

            Attorneys General from 20 states today announced the settlement of claims under state unfair trade practices laws against Medco Health Solutions, Inc. (Medco), the world’s largest pharmaceutical benefits management (PBM) company.  An investigation by the states into Medco’s drug switching practices began more than two years ago and was spearheaded by Attorneys General in Maine, Massachusetts, and Pennsylvania.  During stages of the investigation, the states consulted with the Office of the United States Attorney for the Eastern District of Pennsylvania.  

 

            The attorneys general filed complaints in state courts today alleging that Medco encouraged prescribers to switch patients to different prescription drugs but failed at times to pass on the resulting savings to patients or their health care plans. The drug switches generally benefited Medco despite Medco’s claims that they saved patients and health plans money.  Medco did not tell prescribers or patients that the switches would increase rebate payments from drug manufacturers to Medco.  The states allege that the drug switches resulted in increased costs to health plans and patients, primarily in follow-up doctor visits and tests. For example, Medco switched patients from certain cholesterol lowering medications to Zocor, but that switch required patients to usually receive follow-up blood tests. 

 

            The participating states are: Arizona, California, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Nevada, New York, North Carolina, Oregon, Pennsylvania, Texas, Vermont, Virginia and Washington.

 

The settlement prohibits Medco from soliciting drug switches when:

·        The net drug cost of the proposed drug exceeds the cost of the prescribed drug;

·        The prescribed drug has a generic equivalent and the proposed drug does not;

·        The switch is made to avoid competition from generic drugs; or

·        It is made more often than once in two years within a therapeutic class of drugs for any patient.

 

The settlement requires Medco to:

·        Disclose to prescribers and patients the minimum or actual cost savings for health plans and the difference in co-payments made by patients;

·        Disclose to prescribers and patients Medco’s financial incentives for certain drug switches;

·        Disclose to prescribers material differences in side effects between prescribed drugs and proposed drugs;

·        Reimburse patients for out-of-pocket costs for drug switch-related health care costs and notify patients and prescribers that such reimbursement is available;

·        Obtain express, verifiable authorization from the prescriber for all drug switches;

·        Inform patients that they may decline the drug switch and receive the initially prescribed drug;

·        Monitor the effects of drug switches on the health of patients; and

·        Adopt a certain code of ethics and professional standards.

 

            In addition, Medco will pay $20.2 million to the states, $6.6 million to the states in fees and costs, and about $2.5 million to patients who incurred expenses related to a certain switch between cholesterol controlling drugs.  Some states may elect to receive prescription drug cards in lieu of their monetary payment.  States receiving a monetary payment must use the funds to benefit low income, disabled, or elderly consumers of prescription medications, to promote lower drug costs for residents of the state, or to fund other programs reasonably targeted to benefit a substantial number of persons affected by the conduct covered in the complaint.

 

            Maine Attorney General Steven Rowe said, “Drug switching by some pharmaceutical benefit managers has become like an intricate card trick.  Health plans, physicians, and patients trying to follow the best pharmaceutical values are bewildered by the PBM sleight of hand.  The trick ends now, and all cards must be laid on the table.  We will no longer have to guess about who will benefit from this PBM’s drug switching and what the value of that benefit is. 

 

            Rowe added, “This case is a result of our commitment to scrutinize all aspects of the pharmaceutical business to make prescription drugs more affordable.”  He also praised the partnership that developed between the state attorneys general and the United States Attorney for the Eastern District of Pennsylvania, “This is a great example of state and federal enforcement officials working together to benefit health care consumers across the nation.”

 

            “Consumers and their doctors should make the decision of switching from one medication to another based on the best interests of the patient, not because a PBM has found a way to make money,” Pennsylvania Attorney General Jerry Pappert said.  “This settlement ensures that Medco will give patients and doctors the information needed to make these important decisions.”

 

            "The battle for affordable prescription drugs must be fought on many fronts," Massachusetts Attorney General Tom Reilly said.  "Today's settlement is a victory in the ongoing battle to hold businesses accountable and to help make prescription drugs more affordable and accessible to consumers in Massachusetts and beyond.  This company promised to keep prescription drug costs down for its clients, but did not always tell the full story to its client health plans, doctors or patients when it proposed drug switches that it claimed would save money.  This settlement is important because it establishes standards that will protect patient safety and also ensures that health plans and patients really save money from PBM-managed drug switches."

 

Medco is the world’s largest PBM, with over 62 million covered lives.  PBMs contract with health plans to process prescription drug payments to pharmacies for drugs provided to patients enrolled in the health plan.  In the thirty years since the first PBMs appeared, their services have evolved to include complex rebate programs, pharmacy networks, and drug utilization reviews.  PBMs now process about two-thirds of all prescription drug spending in the United States.

 

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South Portland Officer's Use Of Deadly Force Justified

May 11, 2004

Attorney General Steven Rowe announced today that South Portland police officer Kevin J. Battle was legally justified on February 12, 2004, when, while acting in the performance of his law enforcement duties, he used his cruiser to ram a vehicle he was pursuing in Portland. The driver of the vehicle, Steven E. Berry, 36, of Portland and a 20-year-old female passenger were shaken up by the collision, but not seriously hurt.

Determining that the intentional employment of the cruiser to terminate the pursuit was in fact the use of deadly force, the Attorney General's inquiry and analysis focused on the issue of whether that use of deadly force by Officer Battle in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer's duties.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of others, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is being used or is imminently threatened against the officer or others. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that use of unlawful deadly force or that imminent threat of unlawful deadly force. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury.)

Attorney General Rowe determined that, based on an investigation and legal analysis, Officer Battle actually and reasonably believed that unlawful deadly force was imminently threatened by Berry against other persons - namely the passenger in Berry's vehicle, as well as motorists and pedestrians along a particularly long chase route. Further, based on the investigation and legal analysis, Attorney General Rowe determined that Officer Battle actually and reasonably believed that deadly force on his part was necessary to protect the passenger and others from death or serious bodily injury. Therefore, both requirements of law having been met, the use of deadly force by Officer Battle was legally justified.

The Attorney General reported the following findings from the investigation: On February 12, 2004, at about 11 a.m., Officer Kevin Battle of the South Portland Police Department, in uniform and driving a marked police cruiser, was on his way to investigate a report of unlawful drug activity involving a man and a woman outside a local hotel when he was informed that the same caller had reported that the man had grabbed the woman by the throat and had hit her. As he approached the hotel, he was further informed that the man and woman had just left the hotel in a black Suzuki Sidekick. Moments later, Officer Battle encountered a vehicle that matched that description a short distance from the hotel. The officer activated his cruiser's emergency lights and siren, and stopped the vehicle by partially blocking its path. Upon exiting his cruiser and approaching the vehicle on foot, Officer Battle saw the female passenger attempting to exit from the passenger's side door. He then observed the driver, later identified as Steven E. Berry, forcibly grab the woman and pull her back into the vehicle. The woman screamed for help. Officer Battle commanded Berry to turn off the vehicle's engine. Berry, ignoring Battle's command, suddenly drove the Suzuki Sidekick at Battle, who avoided being hit only by jumping out of the way. Officer Battle returned to his cruiser, pursued the vehicle, and advised the dispatcher as to what had just occurred.

The pursuit that ensued over the next 45 minutes covered a distance of some 39 miles from its origin in South Portland, into Scarborough, Westbrook, Portland, and Falmouth, and back into Portland. Multiple law enforcement agencies were involved, with Officer Battle serving much of the time as the primary pursuit cruiser. On a number of occasions during the chase, Officer Battle saw what he interpreted to be an unsuccessful attempt by the passenger to exit the Suzuki Sidekick. Berry, while for the most part not traveling at high speeds during the pursuit, drove through numerous red lights and stop signs, drove the wrong way on a one-way street, often drove on the wrong side of the road into oncoming traffic, continuously ignored police sirens and flashing emergency lights from multiple cruisers, and very deliberately avoided numerous attempts to stop him by way of marked cruisers and other vehicles set up as physical barriers, and the employment of spike mats. The pursuit eventually ended at Forest Avenue and William Street in Portland when Officer Battle, seeing an appropriate opportunity, rammed the left rear fender of the Suzuki Sidekick as Berry was preparing to make a turn at the intersection. The Suzuki Sidekick was pushed sideways, apparently striking the curb, rolled over and came to rest off the roadway in an upright position. The vehicle was, as a consequence, disabled. Shortly before Officer Battle physically engaged the Suzuki Sidekick with his cruiser, South Portland Police Chief Edward Googins spoke with Officer Battle and authorized him to employ, at an appropriate time posing minimal risk to the public, low speed ramming to end the chase.

Berry was arrested and charged the same day with various violations including eluding a police officer, possession of drug paraphernalia, assault, reckless conduct with a dangerous weapon, operating after suspension, and violation of bail conditions.

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

CUSHING WOMAN GETS 2 1/2 YEARS IN PRISON FOR WELFARE FRAUD

May 13, 2004

MAY 13, 2004

DAVID SPENCER, ASSISTANT ATTORNEY GENERAL, 207-626-8831

 

Attorney General Steven Rowe announced today that Brandy L. Simmons, 25, of Cushing, was sentenced to 2 ½ years in prison for stealing $33,426 in State benefits by forging documents.  Simmons pled guilty in Knox County Superior Court to one count of theft by deception (class B) and seven counts of aggravated forgery (class B).  From September 2001 through August 2003, Simmons received benefits from three programs: Temporary Assistance for Needy Families (TANF), Additional Support for People in Retraining and Employment (ASPIRE) and Food Stamps.  Simmons was already on probation for a prior felony forgery.

Eligibility to receive benefits from those programs is based on need.  Therefore, in order to receive or to continue receiving benefits from these programs, applicants for and recipients of these benefits are required to disclose to the Maine Department of Human Services (DHS) the amount of income they receive from other sources a well as other pertinent information.  DHS warns such applicants and recipients that intentionally failing to provide complete and truthful information to DHS for the purpose of obtaining benefits to which the applicant/recipient is not entitled can result in criminal prosecution and imprisonment.  Because Simmons was employed when she was receiving welfare benefits, DHS personnel required Simmons to provide documentation from the employer to confirm that she was accurately reporting the amount of income she was earning from that employment.  Instead of providing legitimate documentation from the employer, Simmons on seven occasions forged fraudulent letters from her employer that understated her income. 

Assistant Attorney General David Spencer, who prosecuted the case, said, “Fraud against the welfare system by dishonest applicants and recipients constitutes a crime against both taxpayers, who financially support the system, and honest welfare recipients, who rely on the support the welfare system provides.”

This case was investigated by Robert Lamarre of the Fraud Investigation and Recovery Unit of DHS with the assistance from personnel at the Rockland Office of DHS. 

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ANOTHER DRUG MAKER SETTLES UP FOR ILLEGAL PRACTICES

May 13, 2004

MAY 13, 2004

MARCI A. ALEXANDER, ASSISTANT ATTORNEY GENERAL, 207-626-8555

LINDA CONTI, ASSISTANT ATTORNEY GENERAL, 207-626-8591

 

            Attorney General Steven Rowe today announced that Maine has joined other states and the federal government in settling claims against Pfizer company Warner-Lambert and its Parke-Davis division over illegal promotion of unapproved uses of the blockbuster drug Neurontin.  As a result, Maine’s Medicaid program, Mainecare, will receive approximately $1.6 million, of which about $600,000 is state funds. 

            In addition, all prescription drug consumers should benefit from the companies’ agreement to:

§         Stop making false, misleading or deceptive oral or written claims about Neurontin and stop promoting off label uses in violation of the federal Food, Drug and Cosmetic Act; 

§         Stop misrepresenting the nature of scientific evidence relating to Neurontin; 

§         Stop disseminating written materials that have not appeared in peer reviewed scientific journals in contravention of limitations set forth in the settlement;

§         Stop misrepresenting the credentials of sales, medical and technical personnel;

§         Stop providing information that is misleading or lacking in fair balance to drug reference compendia;

§         Make disclosures about funding of research and educational events related to Neurontin;

§         Require speakers at educational events related to Neurontin who have financial relationships with Warner Lambert or Pfizer from disclosing their relationship, including whether the speaker has been paid to promote Neurontin;

§         Comply with the Pharmaceutical Research and Manufacturers of America Code with respect to payments, gifts and remuneration to health care providers;

§         Comply with Accreditation Council for Continuing Medical Education Guidelines; and

§         Comply with federal anti-kickback laws.

 

The illegal conduct alleged included:

§         Continuing medical education classes (“CMEs”) that lacked fair balance and misrepresented the nature of the CME and provided expensive “perks” to attending physicians; 

§         A “publication strategy” that subsidized the production and dissemination of anecdotal reports favorable to off label use of Neurontin and were of no scientific value;

§         Payments to prescribers for “research” that was, in effect, a kickback for off label prescribing; and, 

§         Providing incomplete information about Neurontin to the drug reference compendium “Drugdex.”

 

Attorney General Rowe said, “We are fighting on many fronts to cut through elaborate drug industry schemes so that Maine doctors and patients have the best information for making health care purchasing decisions.”

For a national perspective on the settlement, click on this New York Times/Associated Press Story:

http://www.nytimes.com/aponline/business/AP-Drug-Lawsuit.html

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Winterport Woman To Serve 4-1/2 Years For Cocaine Dealing

May 21, 2004

Attorney General Steven Rowe announced today that Teresa Sutherland, 37, of Winterport, was sentenced Tuesday in the Kennebec County Superior Court on a charge of aggravated trafficking in cocaine (class A).

Sutherland's charge stems from an investigation conducted by agents from the Bangor, Augusta and Portland field offices of the Maine Drug Enforcement Agency. Agents followed Sutherland as she drove to the Sheraton Tara Hotel in South Portland. Based upon their surveillance, agents believe she met with Osiris Fernandez of Massachusetts and purchased more than 6 ounces of cocaine powder. Agents continued to monitor Sutherland and Fernandez as they left the Sheraton Tara. Sutherland's car was stopped on I-95, in Litchfield. She was found in possession of 248 grams (over half-a-pound) of cocaine powder, divided into 9 bags, all of which was hidden on her person. If sold in single dose 1 gram units in Maine, the cocaine would have an estimated street value of $24,800. Sutherland admitted to selling cocaine to support her addiction to Oxycontin and admitted to having made prior purchases from associates of Osiris Fernandez. Agents stopped Osiris Fernandez as he drove south from the Sheraton Tara and seized $12,520. Fernandez has also been convicted of aggravated trafficking in cocaine (class A) and is presently serving a 6 year prison sentence. The $12,520 seized was forfeited to the State of Maine as drug money.

Sutherland was sentenced to serve 10 years, all but 4-1/2 years suspended. Once Sutherland has served 4-1/2 years, she will be on probation for 6 years, the maximum period allowed for a Class A offense.

The case was prosecuted by Assistant Attorney General Lara Nomani, and investigated by the Maine Drug Enforcement Agency with assistance from the Maine State Police.

Attorney General Rowe said, "This case is disturbing because it involves an opiate addict selling large amounts of cocaine to support her habit. We know that most opiate addicts steal or deal drugs to support their habits. Many, like this defendant, end up in prison. The key to ending drug abuse is treatment. If you are addicted, seek substance abuse treatment now."

LARA M. NOMANI, ASSISTANT ATTORNEY GENERAL, 207-626-8804 JAMES CAMERON, ASSISTANT ATTORNEY GENERAL, 207-626-8505

STATE SETTLES CHILD LABOR VIOLATIONS WITH OLYMPIA SPORTS

May 27, 2004

MAY 27, 2004

GWENDOLYN D. THOMAS, ASSISTANT ATTORNEY GENERAL, 207-626-8875

WILLIAM PEABODY, DIRECTOR, BUREAU OF LABOR STANDARDS, 207-626-6400

 

            The State of Maine has settled with Olympia Sports Center, Inc. regarding child labor violations at twelve of Olympia’s Maine stores.  Olympia agreed to pay a civil penalty of $186,600.  Child labor laws are enforced at the administrative level by the Bureau of Labor Standards within the Department of Labor, and at the court level by the Attorney General’s Office.  Both agencies worked on this case for the State.

The violations involved Olympia Sports employees who worked longer than permitted by law, either on an hourly or weekly basis.  An audit of Olympia’s records covering the period from February 28, 1999, to February 28, 2001, showed 138 violations of statutory morning or evening hour restrictions; 589 violations of statutory daily hour restrictions; 113 violations of statutory weekly hour restrictions; and 12 violations of statutory consecutive day restrictions.

            Assistant Attorney General Gwendolyn D. Thomas said, “Employers must be aware of the laws governing the employment of minors.  Now that Olympia has put into place a comprehensive tracking program that has successfully prevented further child labor violations from occurring, it is a model for other employers in the State.  Other employers can learn from Olympia’s experience.”

            William A. Peabody, the Bureau Director, stated, “We’re pleased that Olympia Sports through their cooperation has shown that they appreciate our concerns about child labor violations. The work hour restrictions are an important protection for our working youth and the Department believes employers must take care to understand and comply with them.”

Peabody added, “The Department of Labor has a variety of materials to help employers ensure that they are in compliance with the law and to assist them in providing a safe and healthy work environment for their working youth. They can obtain assistance by calling us at 624-6400 or accessing the Department web site (http://www.state.me.us/labor/).”

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AG SETTLES BAR AND WORKPLACE SMOKING VIOLATIONS

June 10, 2004

JUNE 10, 2004

JOHN ARCHARD, TOBACCO CONTROL COORDINATOR (207) 626-8837

 

            The Attorney General’s Office today announced settlements with bar owners for allowing smoking in violation of the ban that became effective January 1, 2004.  In a settlement reached Monday with Mark Gilbert, owner of the Jackman Hotel in Jackman, Mr. Gilbert admitted to 20 counts of allowing smoking and agreed to pay fines and surcharges totaling $1250. The Northland Hotel, Inc., also in Jackman, agreed to admit to two violations and $240 in fines.  In an earlier settlement the owner of McGillcuddy’s in Brunswick admitted six violations and paid fines totaling $720. A settlement with the owners of the Caswell House in Harrison is pending.

            In two other cases of public smoking in other establishments, the PC Junkyard in China was fined $240 and Allen’s Country Store in Cumberland admitted a single violation of failing to post required “No Smoking” signs and paid a $115 fine.

            “The public and workers deserve protection from detrimental health effects of second hand smoke,” said Attorney General Rowe.  “Tobacco use costs the State $470 million in health care costs annually.  We will continue to enforce the laws intended to reduce the toll tobacco takes on Maine people.”

            The Attorney General’s Office investigates all complaints of smoking violations.  “It would be unfair to the vast majority of businesses that are complying with the law and the citizens that come forward with complaints if we did not follow through on enforcement,” said Tobacco Control Coordinator John Archard.

To learn more about the effects of tobacco use in Maine, go to: http://tobaccofreekids.org/reports/settlements/TobaccoToll.php3?StateID=ME

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AG Ends "Horizon E-Yellow Pages" Scam

June 10, 2004

Attorney General Steven Rowe announced today that his office has settled claims of unfair trade practices against telemarketer Horizon E-Yellow Pages, Inc. (Horizon). The State alleged that Horizon was calling Maine businesses and giving the false impression that it was actually "Verizon" Yellow Pages. As a result, many Maine businesses were led to believe that they were paying for advertisements in the Verizon Yellow Pages. The business did not find out the truth of the matter until Horizon sent its bill, sometimes for as much as $399 per advertisement.

Horizon is now under a court order that requires it to cease using deceptive sales practices, including making misrepresentations or the creating false impressions. The order also declares null and void any contract that Horizon entered into with a Maine business. Horizon must refund within 90 days any money paid to it by a Maine business, and it must cancel any debt collection efforts against Maine businesses. Horizon paid the State a $1,500 civil penalty and refunded $899 to three Maine businesses. The amount to be refunded was low because the Attorney General's Office had already publicly stated that any business with a bill arising out of this Horizon scheme ought not to pay it.

JAMES MCKENNA, ASSISTANT ATTORNEY GENERAL, 207-626-8842

Attorney General Calls Ford's "Red Carpet" To The Carpet

June 11, 2004

Attorney General Steven Rowe announced today that his office has filed in Kennebec County Superior Court an Unfair Trade Practices Act complaint and consent agreement settling claims against Ford Credit and Ford and Lincoln Mercury dealers over Ford's "Red Carpet" leasing program. Thirty-seven other states filed similar documents today. The settlement will result in 595 Maine Ford consumers getting $100 refund checks from Ford Credit. Nine dealers in Maine have joined the settlement. Eligible consumers will be contacted directly by Ford Credit. Ford Motor Company will also pay the State of Maine $12,820, and Maine Ford and Lincoln Mercury dealers will pay $34,020. This money will be used by the Attorney General for consumer law enforcement and education.

The states alleged that Red Carpet customers who terminated vehicle leases early were sometimes charged an amount higher than the actual balance owed on the lease. Dealers would discharge the lease obligation to Ford Credit, but would keep the extra amount charged to consumers. The consumers were usually unaware of any of this because the dealers provided the payoff figure, not Ford Credit.

The settlement is the result of the cooperation of Ford Credit and the 1,300 participating Ford and Lincoln Mercury dealers, who will pay over $6.2 million in legal fees and costs. Nationwide, more than 150,000 Ford consumers will get checks.

Ford has agreed to change its Red Carpet lease contract language to clearly explain a consumer's rights when terminating a vehicle lease early. The change involves not only Ford Credit branches but also the practices at the Ford and Lincoln Mercury dealers.

More information about the settlement is available from the settlement administrator at 1-800-221-3312 or <http://www.gilardi.com/fordcreditrclagsettlement/>. "We are pleased to get this relief for Maine consumers, both in the form of the checks and the changes in business practices," Attorney General Rowe said.

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

CONSUMER ALERT: THE GOVERNMENT IS NOT GIVING YOU MONEY!

June 18, 2004

JUNE 18, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            Attorney General Steven Rowe today warned Maine consumers against callers who claim you are eligible for a government grant and that all you have to do is pay them $250 in order to receive it.  “These government grant calls are just the latest variation on scams that claim you are eligible for money, but in order to get it, you must pay,” said Attorney General Rowe.

            Sometimes the caller will say that you are eligible for the grant because you paid your taxes or your credit card bill on time.  Sometimes they will promise a grant between $1,800 and $2,500, which can be used for school tuition costs or new construction or a new car.  Once the caller gets your interest, you will be asked first to either send money or give your credit card number or checking account number.

            Some of these callers claim to be representing organizations that can help you obtain government grants for an advance fee.  They are similar to advance fee loan scams that promise to arrange a loan for you, if you first send them money.  “Do not send them money, do not give them your credit card number, do not read them the numbers from the bottom of your checks,” said Attorney General Rowe.  “If they can get into your checking account or learn your credit card number, you will lose much more than the $250 fee they are asking you for,” warned the Attorney General.

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MASSACHUSETTS HEROIN DEALER SENTENCED TO 3 1/2 YEARS FOR AUGUSTA DEALS

June 18, 2004

JUNE 18, 2004

JAMES M. CAMERON, ASSISTANT ATTORNEY GENERAL, 207-626-8505

 

Attorney General Steven Rowe reported today that Claudio Arias-Castro, 29, of Lawrence, Massachusetts, was sentenced today in Augusta on two charges of trafficking in heroin (class B), and one charge of illegal importation of heroin (class C).  Arias-Castro is a citizen of the Dominican Republic.  The drug charges stem from the purchase for $350 of ten packets of heroin from Arias-Castro and a co-defendant by an undercover officer from the Maine Drug Enforcement Agency on November 14th, 2003 in Augusta. A subsequent search uncovered additional quantities of heroin hidden in the engine compartment of the car the men were traveling in.  Equipment for packaging the heroin into retail size packets was also found in the car. 

Superior Court Justice Donald Marden sentenced Arias-Castro to three and one-half years in prison. There was no plea agreement.  Assistant Attorney General James M. Cameron, who handled the case for the State, did not ask for probation in the case because Arias-Castro will be subject to deportation back to the Dominican Republic upon completion of his sentence.  Arias-Castro had no prior criminal convictions. 

On May 19, 2004 Arias-Castro’s co-defendant, Christian Caballero, a U.S. citizen also from Lawrence, Massachusetts, was sentenced by another judge on the same charges to seven years, all but two years suspended, to be followed by four years probation.

At the sentencing hearing, Cameron characterized the two men as an advance team, scouting new markets for heroin. Mr. Cameron commented on the sentence: “The message is clear. If you come to Maine and get caught selling heroin you will go to prison.” The drug charges were investigated by the Maine Drug Enforcement Agency, with assistance from the Augusta Police Department.

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FREEPORT BOARDING HOME BOOKKEEPER GUILTY OF THEFT FROM MAINECARE

June 21, 2004

JUNE 21, 2004

MARCI A. ALEXANDER, ASSISTANT ATTORNEY GENERAL, 207-626-8555

 

            Attorney General Steven Rowe announced today that Robin E. Smith, 39, of Freeport, the bookkeeper of McCarthy’s Boarding Home in Freeport, pled guilty Friday to three counts of theft by deception (two counts class D, one count class E).  The court sentenced Smith to 60 days in jail with all but 15 days suspended, one year of probation, full repayment of restitution to the MaineCare program of $4, 534, and a $1,000.00 fine. 

            Smith used her position of trust as bookkeeper of McCarthy’s Boarding home to intentionally cause her own personal expenses for clothing and other services to be re-reimbursed by the MaineCare Program through the “cost report” process.  Regulators call this conduct “cost report fraud.”  The Maine Department of Human Services uncovered the fraud in an audit and referred it for investigation to the Healthcare Crimes Unit of the Attorney General’s Office.

            Detectives Christine Baker and Richard Stocker investigated the case for the State.

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Conference Focuses On Cooperative Effort To Protect Children's Rights

June 22, 2004

The KIDS LAW Conference being held today at the Augusta Civic Center from 9 a.m. to 4:15 p.m. will stress cooperation between State officials, courts, schools, service providers, and advocates for children in protecting the legal rights of Maine children. The conference is being presented by KIDS Legal Aid of Maine in partnership with the Maine Judicial Branch, the Maine Office of the Attorney General, the Division of Ambulatory Pediatrics of the Barbara Bush Children's Hospital at Maine Medical Center, the New England Juvenile Defender Center, the Preble Street Resource Center, the Maine Coalition to End Domestic Violence, and Youth Alternatives. The Maine State Bar Association and the New England Juvenile Defender Center are also sponsoring the conference.

Conference organizers expect 275 legal, medical, and education professionals to attend. Following a kick-off by Maine Supreme Judicial Court Chief Justice Leigh Saufley at 8:30 a.m., a group of teens including members of the Youth Leadership Advisory Team will describe to all attendees their experiences receiving medical, educational, family law and delinquency services. Attorney General Steven Rowe will then facilitate a discussion involving the teens that will interweave the four substantive areas. Breakout sessions covering health care, teen violence, family law, juvenile justice, and education.

The conference will provide training on how to identify unmet legal needs of children in areas of medical care, education, family law and the juvenile justice system. Breakout sessions will demonstrate how access to services in one of the four topic areas may improve outcomes for youth, how these topics intersect legally and how problems in one area may impact needs in another area. The conference will also offer opportunities for providers to build connections with others who provide resources in their geographic area and inspire continued dedication to improving the lives of kids in Maine. The conference will highlight best practices from collaborative projects around the state that work to reduce violence, and improve the health and safety of Maine youth.

Chief Justice Leigh Saufley said, "Children deserve every bit of energy and creativity that we as professionals in our disparate fields can bring to the task of solving problems for families. When children have skilled advocates who can help navigate the many systems that are in existence to help families, both the children and their families benefit. This conference represents the start of an extraordinary collaborative effort toward meaningful, real, and effective advocacy for Maine's children."

Governor John Baldacci said, "This conference is an outstanding example of successful collaboration at all levels to improve services for children in contact with the legal system. Increasing coordination of services and strengthening comprehensive prevention and early intervention programs will enable us to better assist these most vulnerable of our citizens."

Attorney General Steven Rowe said, "Although children make up less than one-third of our state's population, they represent 100% of our future. Protection of their legal rights deserves our best efforts."

Alison Beyea, Director of KIDS Legal Aid of Maine, said, "At Kids Legal we look to represent the child holistically. To do that, we work with professionals from all disciplines to improve outcomes for our kids. This conference is an extension of our legal practice." Additional information is available at www.kidslegalaid.org. The conference agenda follows: Kids Law: A Cooperative Approach to Protecting Children's Rights June 22, 2004Augusta Civic Center Agenda 8:00 – 8:30 Registration 8:30-9:00 Welcome and Introductory Remarks: Chief Justice Leigh Saufley, Supreme Judicial Court of Maine 9:00-10:00 Plenary: "Straight Talk From The Teens We Serve" Narratives delivered by members of the Youth Leadership Advocacy Team and other teens who Presentation will be followed by a facilitated discussion by Attorney General Steven Rowe which will interweave the four legal substantive topics. This introduction will allow attendees to access the written materials for break-out sessions they do not attend. It will also allow them to make connections between their subject area and issues in other areas. 10:00-10:15 Break 10:15 - 11:30 – Breakout Session A Understanding A Teen's Right to Health Care, Part IKeeping Confidences, Accessing Care: Lecture and Q & A covering who must consent and who can authorize care for teenagers; what information is confidential and who may have access to confidential records. Kenneth Lehman, Esq., Bernstein, Shur, Sawyer & Nelson Teen Violence: "Working Through Teen Violence" Panelists will discuss teen violence, issues of domestic/dating violence, general violence and civil rights violations. Thomas Harnett, Assistant Attorney General; Nan Bell, School Based Abuse Prevention Educator, Family Violence Project; Nancy Schiff-Slater, Esq., Pine Tree Legal Assistance; Megan Walker, Assistant Principal, South Portland High School; Evert Fowle, District Attorney, Kennebec County. Educational Resources for Troubled Kids: "Keeping Kids in School" How to help kids who are struggling to stay in or already out of school. A panel will discuss how to break down barriers and get kids back in school. Issues of truancy, homelessness and alternative education will be addressed. Sara Anne Meerse, Esq., Pine Tree Legal Assistance; Shelley Reed, Department of Education. 11:30 - 12:30 Lunch - 12:30 - 1:45 -- Breakout Session B Understanding Teen's Right to Health Care, Part IIAccessing Health Care. Panel discussion on issues surrounding teens' access to mental health, substance abuse and family planning services. Kenneth Lehman, Esq., Bernstein, Shur, Sawyer & Nelson; Larry Tyler, M.Ed., LADC, MAC, Maine Office of Substance Abuse; Patrick Ende, Esq. Maine Equal Justice Partners; John F. Goodrich, MD, Greater Portland Pediatrics; Andrew Cook, Medical Director, Children's Services, Maine Department of Behavioral and Developmental Services. Family Law Primer- "Ten Things You Should Know About Family Law." A nutshell course on parental rights and responsibilities, visitation schedules, emancipation, guardianship and the role of the Guardian ad Litem. Terry Hayes, GAL, Ken Altshuler, Esq., Childs, Rundlett, Fifield, Shumway & Altshuler, Mary Kelly, Assistant Attorney General. Juvenile Justice Part I:Dealing With A Juvenile Summons. This session will provide an overview of delinquency process in state and federal court. Hon. Joseph Field, Maine Distiect Court; John Webb, Nichols & Webb; Darcie McElwee, Assistant United States Attorney, District of Maine; Chris Northrop, Esq., Moulton, Forte & Northrop, PA, Wells; Tanya L. Pierson-Sweeney, Assistant District Attorney. 1:45 -3:00 – Breakout Session C Interpreting Court Orders in Family Law Cases: What should providers do when they are handed court documents and parties allege they mean different thing? This session will discuss protection from abuse/harassment and parental rights orders and how to interpret them. Juliet Holmes-Smith, Esq., Pine Tree Legal Assistance. Juvenile Justice, Part IIDisposition Alternatives: What to do when the juvenile case is over? This panel will consider what services are available for kids in the juvenile system and how these services may prevent future delinquency. Hon. Joseph Field, Maine District Court; R. Matthew Brown, United States Probation Officer; John Webb, Nichols & Webb; Chris Northrop, Esq., Moulton, Forte & Northrop, PA, Wells; Tanya L. Pierson-Sweeney, Assistant District Attorney. Special Education: "Identifying and Supporting IDEA" What is IDEA? A panel will explore issues of identification of youth with disabilities, appropriate educational and supportive services and discipline under state and federal law. Panelists include: Richard O'Meara, Esq., Murray, Plumb & Murray; Sara Meerse, Esq., Pine Tree Legal Assistance; Sarah Forster, Assistant Attorney General. 3:00 - 3:15 Break 3:15- 4:00 We're all in this together: How collaboration between disciplines produces better outcomes for Maine's kidsHon. John Nivison, Maine District Court: The Family Treatment Drug CourtDavid Burns: Rapid Response Program 4:00 - 4:15 Closing Remarks by Associate Justice Jon Levy, Maine Supreme Judicial Court

CHARLES DOW, ATTORNEY GENERAL'S OFFICE, 207-626-8577 LEE UMPHREY, GOVERNOR'S OFFICE, 207-287-3531 JAMES T. GLESSNER, JUDICIAL DEPARTMENT, 207-822-0710 ALISON BEYEA, KIDS LEGAL AID OF MAINE, 207-774-8211 x266

Assistant AG O'Dea Recognized As National Leader In Tobacco Enforcement

June 22, 2004

The National Association of Attorneys General (NAAG) last week awarded Maine Assistant Attorney General Melissa Reynolds O'Dea the 2004 Loveland Tobacco Award. The Loveland Award is awarded annually. The award is named for the late Laurie Loveland, who, as a North Dakota Assistant Attorney General and later a private attorney, played a very active role in negotiating the 1998 Master Settlement Agreement between 47 states and the major tobacco manufacturers.

The Loveland Award was presented to O'Dea by Vermont Attorney General and NAAG President William Sorrell and Maryland Attorney General Joseph Curran. The award presentation took place on Wednesday, June 16th at NAAG's Summer Meeting in Santa Monica, California.

O'Dea was recognized for her leadership while serving as Chair of NAAG's Tobacco Enforcement Working Group for the past two years. In this position, she led the states in enforcing the public health provisions of the Master Settlement Agreement. She communicated continuously with other attorney general offices, coordinating investigations and litigation. She was responsible for the states' communications and negotiations with tobacco manufacturers regarding public health violations. She also is a leader in multi-state efforts to enforce the economic provisions of the Master Settlement Agreement.

Some of Assistant Attorney General O'Dea accomplishments include:

Last fall she organized and chaired a conference in Chicago on so-called "reduced risk" tobacco products. The conference was attended by states, scientists and marketing experts, and was designed to encourage states to work together to prevent a public health deception like the one that occurred with "light" and "low tar" cigarettes. O'Dea invited each of the companies currently marketing such products to attend the conference and explain the scientific basis for their marketing claims.

She led the successful negotiation with participating manufacturers over advertisements in school-versions of newsweeklies. That negotiation resulted in the companies utilizing "selective binding" for Time, Newsweek and U.S. News & World Report to ensure that tobacco advertisements did not appear in classroom versions of those publications. That result was accomplished without litigation, and caused the participating manufacturers to comment that though tough, O'Dea is always respectful and professional to deal with.

More recently, she spearheaded the states' investigation and analysis of U.S. Smokeless Tobacco's extensive sports sponsorship activities as well as Brown & Williamson's "Kool Mixx" product marketing campaign to determine whether these activities violate Master Settlement Agreement prohibitions on youth targeted marketing.

O'Dea was one of the primary drafters of the Master Settlement Agreement model state legislation for use by the states. She is also a vigorous litigator. Maine has been on the forefront of various types of MSA-related litigation. Among these are cases pending in Maine state court involving companies that have tried to undermine or avoid MSA requirements. In addition, she is the lead attorney in a Federal Court action in Maine defending the new state law that closely regulates the delivery of tobacco products sold by internet and telephone tobacco retailers.

In praising O'Dea's contribution, Maine Attorney General Steven Rowe stated, "This award is extremely well-deserved. No one in the nation has worked harder than Melissa O'Dea to ensure that tobacco manufacturers are living up to their legal obligations. Thanks to Melissa's determination and hard work, Maine continues to receive more than $50 million each year under the Master Settlement Agreement."

Rowe added "The State of Maine should be very proud of Assistant Attorney General Melissa O'Dea. She is clearly a national leader and legal expert in the field of tobacco health-related issues."

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

WESTBROOK POLICE USE OF DEADLY FORCE FOUND LEGALLY JUSTIFIED

July 7, 2004

JULY 7, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            Attorney General Steven Rowe announced today that three Westbrook police officers, Sergeant Michael McCaffrey and Officers Thomas S. Roche, Jr., and John S. Hanlon, Jr., were legally justified when they intentionally shot and wounded Thomas J. Moulton, 41, of Texas, formerly of Westbrook, on Route 25 in Westbrook in the early morning of April 22, 2004.  Attorney General Rowe also said that a Cumberland County deputy sheriff, Sergeant Kerry Joyce, was likewise legally justified when he had seconds earlier intentionally struck Moulton with four beanbag rounds discharged from a shotgun.

            The Attorney General's investigation focused on the issue of whether the use of deadly force by the officers in the particular situation was legally justified.  The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer’s public duty.

            In this particular case, in order to assess whether the use of deadly force by the law enforcement officers involved was legally justified, two distinct legal justification bases under Maine law must be applied; the first relating to self-protection or the protection of third persons, the second relating to thwarting suicide or self-inflicted serious bodily injury.

As to the first basis—under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met.  First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person.  Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat of unlawful deadly force.  

As to the second basis—under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of thwarting suicide or self-inflicted serious bodily injury, two requirements must be met.  First, the officer must actually and reasonably believe that another person is about to commit suicide or to self-inflict serious bodily injury.  Second, the officer must actually and reasonably believe that the officer’s use of deadly force is necessary to thwart that other person’s imminent suicide or self-inflicted serious bodily injury.

Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing death or serious bodily injury.  With respect to a firearm, intentionally or recklessly discharging a firearm in the general direction of another person is also deadly force under Maine law.  Further, with respect to the use of a firearm in the deadly force context, it makes no difference under Maine law whether standard ammunition is being employed in the firearm or instead so-called “less-than-lethal” ammunition is being employed, such as a beanbag round.  In either case, to intentionally or recklessly discharge any round (type notwithstanding) from a firearm in the general direction of another person is the use of deadly force under Maine law.

            Attorney General Rowe determined, based on the investigation conducted by his office and application of controlling Maine law, that Sergeant Joyce of the Cumberland County Sheriff’s office, actually and reasonably believed that Thomas Moulton was either about to commit suicide or about to inflict serious bodily injury upon himself, or that Thomas Moulton was about to use unlawful deadly force against Officer Roche of the Westbrook Police Department or other officers present, and that his intentional discharge of four beanbag rounds at Thomas Moulton was necessary to thwart those imminent alternative threats.

            Therefore, the requirements of the law were met, and the use of deadly force by Sergeant Joyce was legally justified.  Attorney General Rowe also determined, based on the investigation conducted by his office and the application of controlling Maine law, that Officer Roche of the Westbrook Police Department, actually and reasonably believed that unlawful deadly force was being imminently threatened by Thomas Moulton against him and that his intentional shooting at Thomas Moulton was necessary to thwart that imminent threat.  Finally, Attorney General Rowe determined, based on the investigation conducted by his office and the application of controlling Maine law, that Sergeant McCaffrey and Officer Hanlon of the Westbrook Police Department, actually and reasonably believed that unlawful deadly force was being imminently threatened by Thomas Moulton against Officer Roche and that their intentional shooting at Thomas Moulton was necessary to thwart that imminent threat.

 

The Attorney General reported the following findings from his office's investigation:

Citizen Reports

In the early morning hours of April 22, 2004, a white Chevrolet Camaro with a flat tire was observed by two citizens as it noisily traveled east at a high rate of speed on Route 25 in Westbrook. 

Around 1:15 a.m. on April 22nd, three other citizens happened upon the white Camaro which was sitting with its parking lights on in the eastbound travel lane of the Westbrook Arterial (Route 25) near the Lawrence Street pedestrian overpass.  Utilizing the breakdown lane, they drove their vehicle up next to the Camaro, stopped and observed that the front windshield was extensively damaged, the left front tire was missing from the wheel rim and the sole occupant was behind the wheel attempting unsuccessfully to restart the engine.  When they asked the driver if he needed help, he yelled through the closed windows of the Camaro for them to “Get out of here,” a number of times.  After telling the driver of the stranded Camaro that they would contact police in case he needed assistance, they left.  Shortly thereafter one of the trio called the Westbrook Police Department from a nearby public telephone.  The call was received by the police department at 1:21 a.m.

Events at the White Camaro

Officer Roche, responding to the citizen call of a disabled vehicle in the eastbound travel lane of the Westbrook Arterial near the Lawrence Street pedestrian overpass, arrived at the location at around 1:30 a.m.  He was in uniform.  After calling in the Texas plate number attached to the Camaro, he exited his cruiser and walked up to the Camaro.  He observed, with the benefit of his flashlight, a sole occupant, later identified as Thomas J. Moulton, positioned behind the steering wheel attempting to start the car.  He also observed that the left front tire was missing from the wheel rim, that the windshield was seriously damaged and that both the driver side and passenger side airbags had deployed.  Through the closed window of the Camaro, he asked Moulton if he was okay and asked him to roll down his window.  Moulton appeared to be dazed and did not respond.  While shining his flashlight inside the Camaro, Officer Roche saw that Moulton had a cylindrical item in his left hand between the door and the seat that had a pull pin.  Because it looked to him like either a grenade or a can of some disabling chemical, Officer Roche immediately backed away from the Camaro, called for assistance, and waited.  Soon thereafter Westbrook police officer Allen LeBlanc, in uniform, arrived in his cruiser, followed by uniformed Westbrook officers Stephen Pulsoni and Brian DellIsola, as well as Sergeant McCaffrey.  In addition to Moulton remaining noncompliant and noncommunicative, further investigation revealed that the Camaro’s doors were locked, that the container appeared to be a disabling chemical rather than a grenade, that Moulton had at least one open knife near his right hand and that the Texas plates did not belong to the Camaro.  It was decided by Sergeant McCaffrey, after consultation with others, to enter the Camaro by breaking the passenger-side door window.  Immediately after the window was broken by Officer LeBlanc, Moulton sprayed a reddish brown gas at the law enforcement officers through the broken window.  Officer Roche responded by spraying mace into the Camaro from a small can.  Officer LeBlanc, until he received aid from MEDCU, was incapacitated from the gas sprayed by Moulton, which turned out to be a form of pepper spray marketed as a bear repellant.  Other officers were affected but not so as to disable them.  Almost immediately after Officer Roche sprayed mace through the broken window, Moulton opened the driver’s door of the Camaro and exited carrying both the disabling chemical container and an open knife.  He discharged more disabling chemical, then discarded the can and, holding the knife, started across the travel lanes of the Westbrook Arterial at a run.  Officers Roche, DellIsola and Sergeant McCaffrey followed, ordering him to drop the knife and stop.  Moulton ignored the commands climbing over the median barrier, running across the westbound lanes and up the embankment adjacent to the pedestrian overpass.  Toward the top of the embankment Moulton’s path of travel was cut off by the confluence of two six foot high, chainlink fences—one running perpendicular to, and the other running parallel to, the Arterial.  The combination of the fencing and the three approaching police officers precluded Moulton from running any further.

Standoff on the Embankment

Officers Roche and DellIsola and Sergeant McCaffrey took up positions in a rough semicircle to Moulton’s front, illuminating Moulton with their flashlights.  Officer Roche was closest to Moulton and assumed the primary role of negotiating with him.  From the very outset Moulton made it clear that he wanted to die, that he had nothing to live for, and that it was his intent to commit suicide either by his own hand or by getting the officers to shoot him.  A minute or so into the confrontation, Officer Pulsoni appeared on the far side of the fencing behind Moulton.  Pulsoni, aided by his flashlight, directed a stream of disabling chemical directly into Moulton’s face.  Moulton, apart from looking briefly towards Pulsoni and wiping his face with the bottom portion of his shirt, was unaffected.  Also, soon after the confrontation began, Sergeant McCaffrey recognized Moulton’s voice as that of Tom Moulton from prior contacts with Moulton years before and shared that information with the other officers and Moulton himself.

For nearly an hour Officer Roche, and the other officers at the scene (including officer Hanlon and Westbrook Police Chief, Paul McCaffrey, both of whom had since joined the other officers) sought to get Moulton to lay down his knife.  During this period Officer Roche unsuccessfully sought to persuade Moulton that the officers did not intend to take him to jail, but instead wanted to transport him to a medical facility where he could get help.  In response to Officer Roche’s repeated requests that Moulton drop the knife and let the police help him, Moulton stated that he wanted to die and invited Officer Roche to shoot him.  The standoff communications between Officer Roche and Moulton were interspersed with serious imminent threats of suicide either by placing his knife at his own neck or breast, sometimes employing one hand, other times employing both hands, or by sudden one to two-step advances, usually toward Officer Roche, with the knife pointed threatenly outward at the officer.  In the latter circumstance, Roche and the other officers would point their service weapons at Moulton and order him to halt.  In each instance he would then comply.

Toward the end of the first hour during this lengthy negotiation period, Deputy Paul Thorpe, a trained negotiator from the Cumberland County Sheriff’s Department, arrived on scene at the request of the Westbrook Police Department.  After attempting for a few minutes to engage Moulton in conversation, however, Deputy Thorpe concluded that Moulton had no interest in conversing with him, and that negotiations conducted by Officer Roche had the best chance of success.  Officer Roche thereafter continued in his role as primary negotiator, and Moulton continued to respond with threats to himself and, alternately, threats against Roche and others, showing no willingness to end the confrontation.

Finally, in an effort to end the continuing stalemate, the Westbrook Police Department asked the Cumberland County Sheriff’s Office for an officer trained in the use of less-than-lethal ammunition.  Sergeant Kerry Joyce of the Cumberland County Sheriff’s Office arrived at the scene at approximately 3:07 a.m., some hour and a half into the negotiation period.  He was first briefed by Officer Pulsoni.  After loading a shotgun with beanbag rounds, and after receiving further briefings from Deputy Thorpe and Sergeant McCaffrey, Joyce approached the semicircle of police officers confronting Moulton.  Upon seeing Joyce with the shotgun, Moulton immediately stated that he knew the weapon was loaded with beanbag rounds.  Sergeant Joyce thereafter took time to fully assess the situation and to allow Moulton to become accustomed to his presence.  He observed the ongoing negotiations for 20 to 25 minutes.  He saw Moulton threaten imminent suicide by placing the knife with both hands at his own neck.  He saw Moulton make abrupt one or two step movements toward Officer Roche, followed by commands from Roche and others to “stop,” to which Moulton complied.  He observed Moulton become upset when an officer changed his position in the semicircle.  He saw that Moulton was becoming increasingly agitated, looking around as if formulating a plan of action.  He satisfied himself that Moulton posed an imminent threat to Moulton himself, to Officer Roche and to the other police officers present.  At a point when Moulton turned facing Joyce, Sergeant Joyce took the opportunity presented, raised the shotgun from its former low rest position and intentionally discharged a single beanbag round at Moulton’s midsection.  Although knocking Moulton slightly backward, the impact did not have its anticipated effect.  Moulton ignored the impact, making a brushing motion with his hand across his stomach and did not drop the knife.  Sergeant Joyce immediately discharged three more beanbag rounds on quick succession.  This time the resulting impacts did not even knock Moulton off balance. 

Following the impact of the fourth beanbag round, Moulton screamed an obscenity and then charged at Officer Roche with the blade of the knife directed at Officer Roche.  There were eight officers in the immediate vicinity as Moulton charged at Roche.  Three, Sergeant McCaffrey and Officers Roche and Hanlon, fired their service weapons at Moulton.  Moulton was but a few feet from Roche when the officers fired their weapons.  Moulton, having been struck by at least two of the rounds discharged by the three officers, fell to the ground on his back within three feet of Officer Roche.  Officers rushed Moulton and recovered the knife from where Moulton had dropped it close by.  Immediate first aid was rendered to Moulton by emergency medical personnel who were standing by in the vicinity.  Moulton was taken by ambulance to the Maine Medical Center in Portland where he underwent surgery and later recovered from his wounds.

The Cumberland County District Attorney’s Office charged Thomas Moulton with criminal offenses as a result of the incident.  Six detectives from the Office of the Attorney General went to the scene of the shooting in Westbrook to conduct the investigation.  They were assisted in the investigation by detectives from the State Police, as well as personnel from the State Police Crime Laboratory.  The Westbrook Police Department cooperated fully with the investigation and conducted its own departmental review of the incident.

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AGs NEGOTIATE CONSUMER PROTECTIONS WITH THREE WIRELESS PHONE COMPANIES

July 21, 2004

JULY 21, 2004

LINDA J. CONTI, ASSISTANT ATTORNEY GENERAL, 207-626-8591

 

            Maine Attorney General Steven Rowe today announced the signing of agreements between consumer protection authorities in 32 states and three major wireless phone service carriers, Verizon Wireless, Sprint PCS, and Cingular Wireless (collectively “the carriers”).  The agreements require the carriers to:

  • provide to consumers coverage maps that are as accurate as possible under current technology;
  • give consumers at least two weeks to terminate service contracts without incurring termination penalties; and
  •  more clearly and conspicuously disclose information about wireless plan rates, terms, and coverage areas in advertising and contract materials. 

The agreements are the result of months of negotiation by the states and the carriers concerning state allegations that the carriers misrepresented the extent of the application of discount rates and special offers and the geographic range of plan coverage areas.

            Attorney General Rowe said, “Shopping for wireless phone service is tricky enough without ads and contracts that contain confusing and misleading terms.  These agreements will help consumers get clearer information and make good decisions.  Under these agreements, consumers will have a trial period to find out if they have wireless service where they live, work, and play.  If the consumer is not happy with the wireless service, they may return the phone within 14 days and not pay a termination penalty.  If the consumer returns the phone within three days, they will also receive a refund of any activation fee they may have paid.”

            In addition to paying the costs of the states’ investigation, the carriers will make a $5 million cash payment to the states.  Maine’s share of the payment will be $106,667, which will be deposited in the State General Fund upon receipt.

For the text of the settlement with Verizon Wireless, click http://www.maine.gov/ag/dynld/documents/VerizonWirelesssett.pdf

For the text of the settlement with Cingular Wireless, click http://www.maine.gov/ag/dynld/documents/CingularWireless.pdf

For the text of the settlement with Sprint PCS, click http://www.maine.gov/ag/dynld/documents/SprintSpectrum.pdf

 

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AG BRINGS CIVIL RIGHTS ACTION AGAINST CALAIS STUDENT IN ANTI-GAY ASSAULT AT SCHOOL

August 3, 2004

AUGUST 3, 2004

CHRISTINA MOYLAN, ASSISTANT ATTORNEY GENERAL, 207-626-8838

 

            Attorney General Steven Rowe today announced that his office has filed a civil enforcement action in Washington County Superior Court under the Maine Civil Rights Act against a Calais high school student.  The AG’s suit alleges that on March 8, 2004, the defendant, who is a minor, pushed, punched, and head-butted the victim, another Calais High School student who the defendant believed to be gay.

The defendant stated multiple times starting in early March of this year that he intended to fight the victim after hearing rumors that the victim was gay.  The defendant challenged the victim to meet him in the school weight room to fight.  When the victim did not show up, the defendant sought him out in the cafeteria and committed the violent assault. 

The Attorney General’s complaint seeks to permanently enjoin the defendant from any further threats or acts of violence, property damage, or trespass against the victim or others motivated by bias.

Attorney General Rowe said, “The primary purpose of civil rights education and enforcement is to ensure that schools will be safe for Maine students.  We must meet an in-school, bias-motivated attack with the full measure of our Civil Rights Act enforcement power.”

Attorney General Rowe commended the Calais Police Department for its investigation of the incident.  The department referred the case to Rowe’s office for this action under the Maine Civil Rights Act.

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State Settles With Makers Of Generic Version Of Children's Motrin?

August 12, 2004

Attorney General Steve Rowe announced today that Maine and forty-nine other states and commonwealths have settled a civil law enforcement action against Perrigo Company and Alpharma, Inc, both makers of the generic version of Children's Motrin?. The complaint charges the companies with antitrust violations that resulted in the destruction of competition in the market for over-the-counter generic store-brand versions of liquid suspension Children's Motrin?. The civil complaint and settlement order will be filed in the U.S. District Court for the District of Columbia. This case was a joint investigation with the Federal Trade Commission. The Federal Trade Commission announced the settlement of its own lawsuit against Perrigo and Alpharma today; the cases will be filed together in the same court. To resolve this civil law enforcement action, Perrigo and Alpharma have agreed to make combined payments of $10,000 to each litigating state, and will be paying approximately $1 million into funds administered by the National Association of Attorneys General to help support future antitrust enforcement efforts.

Perrigo and Alpharma, Inc., are the only two FDA-approved manufacturers of generic over-the-counter versions of liquid suspension ibuprofen, a drug product used to temporarily reduce fever and relieve minor aches and pains in children. The states allege that, in 1998, Perrigo and Alpharma entered into an agreement that gave Perrigo 100% of the market for generic versions of this product. The states further allege that Alpharma never began selling its generic product, and that Perrigo captured 100% share of the market. The lack of competition caused retail stores that sell store brand products to pay more for this product than they would have paid in a competitive market.

Attorney General Rowe said, "We continue to be vigilant in our efforts to find out why Americans are paying the highest prices in the world for pharmaceuticals. We are focusing particular attention on anti-competitive behavior that attempts to keep generic versions of drugs off the market."

Because this lawsuit was filed as a law enforcement action, the states sought civil penalties and equitable relief. The relief that was obtained through the settlement prohibits the companies from engaging in similar conduct in the future.

Motrin is a registered trademark of Johnson & Johnson, who is not a party in this lawsuit.

CHRISTINA MOYLAN, ASSISTANT ATTORNEY GENERAL, 207-626-8838

LEWISTON LANDLORD REQUIRED TO MAKE LEAD WARNINGS

August 13, 2004

AUGUST 13, 2004

JAMES MCKENNA, ASSISTANT ATTORNEY GENERAL, 207-626-8842

  

            Attorney General Steve Rowe announced today that Edward F. Toussaint, who owns several apartment buildings in the Lewiston area, has entered into a court-ordered Unfair Trade Practice Consent Decree in which he agrees to comply with the federal law which requires lead paint warnings.

Housing built prior to 1978, when lead paint was commonly used, may contain high levels of lead paint.  “Even exposure to low levels of lead can severely harm children, especially those six years of age or younger,” said Attorney General Rowe.  “We don’t know if any of Mr. Toussaint’s apartments pose a lead problem, but his tenants should have received the required lead paint warnings.”

            In entering this Consent Decree, Mr. Toussaint also agreed to stop charging a fee for late payment of rent sooner than allowed by law (before 15 days from the rent due date).

            Pursuant to the Consent Decree, Mr. Toussaint has paid an Unfair Trade Practice Act Civil Penalty of $2,500 and has also paid $2,500 to the Maine Childhood Lead Poisoning Prevention Program, to be used for lead inspections in the Lewiston area.  By entering into this Consent Decree, Mr. Toussaint did not admit to any wrongdoing.

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Trooper's Use Of Deadly Force In New Gloucester Was Legally Justified

August 23, 2004

Attorney General Steven Rowe announced today that a State Police officer, Sergeant Michael Edes, was legally justified when, while acting in the performance of his public duty, he discharged one round from his service weapon at Robert Bean, age 25, of Gray in the early morning of May 21, 2004, on Route 26 in New Gloucester, wounding Bean. The Attorney General also said that Sergeant Edes was legally justified when, immediately prior, he terminated a lengthy pursuit by using his cruiser to ram Bean's vehicle.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Sergeant Edes in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer's public duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person or at a moving vehicle is also deadly force under Maine law.) Attorney General Rowe determined that, based on the investigation and legal analysis conducted by his office, Sergeant Edes actually and reasonably believed that unlawful deadly force was imminently threatened by Bean against himself and others when he shot Bean — namely, other law enforcement officers at the scene, as well as civilian motorists who were approaching the scene from the north. The same was determined with respect to Sergeant Edes' earlier use of deadly force against Bean when he intentionally used his cruiser to ram Bean's vehicle in order to stop Bean.

The Attorney General reported the following findings from his office's investigation:

On May 21, 2004, at about 1:10 a.m., Officer Harry Sims of the South Paris Police Department on patrol in his marked cruiser observed a white vehicle on Main Street in South Paris. It was later determined that the vehicle was operated by Robert Bean. The vehicle caught the attention of Officer Sims because it displayed working, but very dim, tail lights and Montana tags. The vehicle stopped at a traffic light in a lane of travel for left-turning traffic. However, when the light turned green, the vehicle turned abruptly to the right into a parking lot of a closed business and stopped. A check made by Officer Sims on the status of the Montana tags with the dispatcher revealed that they had expired in 1999. The vehicle then left the parking lot and started south on Route 26 towards Oxford. Officer Sims notified officers working in Oxford and Norway of the vehicle's location, its expired tags, and its suspicious movements.

Shortly after, Officer Shane White of the Norway Police Department observed the vehicle on Route 26 traveling south and attempted to stop it by activating his cruiser's emergency lights. Bean drove his vehicle to the right shoulder of the road, stopped momentarily, and then resumed his travel south on Route 26 until he reached a traffic light. Bean stopped his vehicle at the light which was red. He then proceeded through the red light into the intersection and again stopped, rolling down the driver's side window and motioning for Officer White to pass him. Officer White, using the cruiser's public address system, instructed Bean to pull his vehicle over to the side of the road and stop. At this point, Bean brandished a rifle by holding it up inside the vehicle, above the seat and in full view of Officer White, who had activated a spotlight and was illuminating the inside of Bean's vehicle. Officer White's initial thought was that the weapon was a deer rifle.

Bean drove off and continued south on Route 26 with Officer White in pursuit. As the pursuit progressed, Bean generally drove no faster than around 60 m.p.h. Through dispatch, Officer White notified other officers in the area that he was in pursuit of the vehicle and that the operator had brandished a rifle. At three later points in time White observed Bean brandish the rifle. Officer White kept a safe distance from Bean, and, through dispatch, notified other officers each time Bean brandished the weapon. Officer White, feeling that he was in imminent danger, requested additional police assistance and, eventually, officers from several departments responded, including the Oxford Police Department, the Androscoggin County Sheriff's Office, the State Police, and the Cumberland County Sheriff's Office. Officer White's call for assistance resulted in a timely response by Officer Ricky Jack of the Oxford Police Department, who took up a position behind Officer White's cruiser as the pursuit continued south on Route 26.

Bean continued to ignore the signals to stop, and occasionally brandished the rifle by displaying it inside the vehicle in a fashion that could be observed by Officer White. At the point where Route 26 intersects with Route 122 in Poland, Sergeant James Jacques of the Androscoggin County Sheriff's Office had deployed a spike mat in the southbound lane of travel on Route 26. Bean drove over the mat and continued south. At this point, Officer White relinquished the lead position in the pursuit to a State Police cruiser operated by Trooper Michael Zabarsky. The pursuit had slowed to about 35 m.p.h., apparently as a result of at least one tire on the Bean vehicle being punctured by a spike. Shortly thereafter, Trooper Zabarsky relinquished the lead position to Sergeant Michael Edes of the State Police. In the meantime, a second spike mat had been deployed by Officer Alfred Winslow of the Cumberland County Sheriff's Office on Route 26 where it intersects with the Snow Hill Road in New Gloucester. Bean, however, managed to avoid contact with the mat as he traveled past the location by driving into the oncoming lane.

When Sergeant Edes assumed the lead position in the pursuit, Bean's vehicle had slowed considerably, but Bean still refused to stop. Sergeant Edes observed sparks coming from the wheel area of Bean's vehicle, indicating to him that one or more of the tires on Bean's vehicle had deflated as a result of being punctured by spikes from the mat previously deployed at the intersection of Routes 26 and 122. At this point, the pursuit of Bean had gone on for about 25 minutes and transversed nearly 20 miles and was approaching more populated and built-up areas of New Gloucester and Gray. Sergeant Edes notified the other police units of his intention, when the appropriate opportunity presented itself, to strike the rear of Bean's vehicle in such a way as to force Bean's vehicle off the roadway and bring it to a stop.

From his position directly behind the Bean vehicle, Sergeant Edes observed what he believed was the rifle resting on top of the seat across the headrest. As he drove closer to Bean's vehicle, Bean stuck the rifle out the driver's side window with his right hand and pointed it back at him. This caused Sergeant Edes to take immediate evasive action by slowing and moving over to the right because he thought that Bean was going to discharge the rifle at him. Sergeant Edes then activated a spotlight, positioning its beam on the rearview mirror of Bean's vehicle to prevent Bean from seeing behind him. At this point, he observed that Bean had brought the rifle back inside the vehicle and was pointing it at his own head. As the pursuit approached a straight portion of roadway where cruisers were stationary on the side of the road at the intersection of the Snow Hill Road, the Bean vehicle veered to the left to avoid the spike mats deployed by Deputy Winslow. Observing Bean drop the rifle to the seat as he drove onto the oncoming lane, Sergeant Edes accelerated his cruiser and, as Bean was maneuvering his vehicle back to the right to resume his travel on the eastbound lane, intentionally struck the rear of Bean's vehicle, causing it to slide sideways and off the right side of the roadway, and slowly proceed down a grassy strip until it ultimately became disabled and stopped. The speed of the Bean vehicle at the time of the impact was 15-20 m.p.h.

Before the vehicle came to a stop, Bean opened the driver's door and got out of the vehicle with the rifle in hand, turned, and pointed the rifle at Sergeant Edes, who was still in his cruiser some 10 to 20 yards away. Sergeant Edes, unable momentarily to open the door of his cruiser, drew his service weapon. While Sergeant Edes continued to try to open the door of his cruiser, Bean abruptly dropped his aim, turned to his right, and started walking along Route 26. After repeatedly kicking the door to open it, Sergeant Edes finally managed to exit his cruiser. Several other officers had arrived on scene in the meantime and they, along with Sergeant Edes, started walking toward Bean, all the time commanding him to drop the weapon. Bean turned to face Sergeant Edes and the other officers, and proceeded to walk backwards away from them in the northbound travel lane. During this brief procession, Bean, who had his left hand toward the top of the stock and his right hand on the trigger, alternately placed the barrel of the rifle to his head and in his mouth. The officers, including Sergeant Edes, issued repeated commands for Bean to drop the gun and to get down on the ground.

Ignoring the commands to drop the weapon and get down on the ground, Bean walked for approximately 15 yards before he stopped momentarily in the middle of the northbound travel lane while keeping the rifle pointed to his head. At this point, the officers observed two civilian vehicles approaching the scene from behind Bean. As the vehicles came closer to the scene, they slowed but, instead of stopping, they kept driving closer and closer towards Bean and the officers. Bean was observed by the officers to take an interest in the two vehicles; he stopped and looked over his shoulder at the two vehicles. All the officers in the immediate vicinity feared that if Bean got closer to the vehicles, he would either shoot someone in the vehicles or commandeer one of the vehicles. Continuous commands from multiple officers for Bean to drop the gun and get down went unheeded. The commands at this point included telling Bean that he would be shot if he did not stop and drop the weapon.

Then Bean, while looking at the officers, started to move the rifle away from his head in such a manner that Sergeant Edes believed Bean was intending thereby to point the barrel directly at him. In response to Bean's actions, Sergeant Edes discharged one round at Bean at a distance of about 20 feet. The round struck Bean, who immediately dropped the rifle and fell to the roadway.

Ultimately, it was determined that the weapon possessed by Bean was, in fact, a pellet rifle.

Five detectives from the Office of the Attorney General went to the scene of the shooting to conduct an investigation. They were assisted in the investigation by detectives and forensic specialists from the State Police. The State Police cooperated fully with the investigation, and conducted its own review of the incident.

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

ROWE AND OTHER ATTORNEYS GENERAL URGE PROPER LABELING OF ALCOHOLIC BEVERAGES

August 24, 2004

AUGUST 24, 2004

JESSICA L. MAURER, SPECIAL ASSISTANT ATTORNEY GENERAL, 207-626-8515

 

Attorney General Steven Rowe and twenty-seven other Attorneys General sent a letter to the Alcohol and Tobacco Tax and Trade Bureau (TTB) urging the TTB to quickly implement rules regulating the proper labeling and advertising of flavored malt beverages, which are known to appeal to consumers for their sweet taste traditionally associated with mixed drinks that were, until recently, only available in bars.

A recent study by TTB of the production and labeling of flavored malt beverages determined that 105 out of 114 flavored malt beverages derived more than 75% of their alcohol content from distilled spirits “flavorings” that were added to these beverages.  The study also found that the labeling of a beverage that derives most of its alcohol content from added alcohol flavors as a malt beverage is “inherently misleading” to consumers.

Flavored malt beverages are produced by stripping the taste, color and most of the alcohol from a malt beverage and then adding flavorings, including those from distilled spirits.  Several states have strict statutory definitions of distilled spirits and malt beverages.  Under these statutes, the types of beverages currently labeled as flavored malt beverages that contain distilled spirits must be marketed and taxed as distilled spirits.

“The adoption and enforcement of such a national rule is critical to ensuring that consumers are protected from deceptive labeling or advertising and that these flavored malt beverages are consistently taxed, licensed and distributed from state-to-state,” said Maine Attorney General Steven Rowe, chairman of the National Association of Attorneys General Youth Access to Alcohol Task Force.  “The line between beer and distilled spirits has been completely blurred and we’re asking TTB to adopt a bright line rule for these products” said Rowe.

More than eight years ago, the Bureau of Alcohol, Tobacco and Firearms (ATF) issued ATF Ruling 96-1.  This ruling found that malt beverages may contain only alcohol that is the result of alcoholic fermentation at the brewery.  However, the ATF never initiated rulemaking specific to flavored malt beverages.  The letter sent to TTB today asks for the TTB to act immediately to establish and implement a rule governing these beverages.

 

To read TTB’s proposed rule, go to http://www.ttb.gov/alcohol/rules/ttbnotice_no4.pdf face="Times New Roman" size=3>

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AG REACHES MILLION DOLLAR SETTLEMENT OVER ILLEGAL DRUG SWITCHING AND COVER-UP BY PHARMACY

August 25, 2004

AUGUST 25, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            Attorney General Steven Rowe today announced that the State has settled serious charges over illegal drug switching by Omnicare of Maine, a Gardiner-based pharmacy that serves clients in long-term care facilities statewide.  Rowe alleges that Omnicare of Maine violated the False Claims Act, the Unfair Trade Practices Act, and the Maine Pharmacy Act by switching patients from the prescribed ranitidine tablets to unprescribed ranitidine capsules.  Most cases involved the 150 mg dosage, for which MaineCare (Maine’s Medicaid program) paid $15.10 per month in tablet form and $82.77 per month in capsule form.  Ranitidine is the generic form of Zantac, and it is a very common anti-ulcer drug.  Omnicare of Maine will pay $1,080,000 in fines, damages, and costs to settle the case.

            The drug switches were initiated specifically to increase revenue to Omnicare of Maine.  The so-called “Ranitidine Initiative” at Omnicare was developed to lessen the impact of a June, 2000, federal capping of the Medicaid reimbursement rate for ranitidine tablets.  The reimbursement rate for capsules was not capped.

            On March 1, 2000, almost 90% of Omnicare of Maine’s MaineCare patients receiving Ranitidine were receiving the tablet form, and less than 5% were receiving the capsules.  By May 31, 2000, 95% of that group was on the capsules.  Capsules and tablets are not therapeutic equivalents, so switching from one to the other requires physician authorization under the law. 

            In most cases, Omnicare of Maine attempted to get the required physician authorization only after the fact.  In at least 267 cases, it created false telephone prescription orders and sent them to the residential care facility with an attached memo that directed facility staff, “Per Geriatric Pharmaceutical Care Guidelines and permission from the prescribing prescriber, this resident’s order has been changed.  A telephone order is attached and must be processed at your facility as any other prescriber order.”  Omnicare of Maine also sent out letters and faxes to prescribers, recommending the switch and falsely advising that the switch would “forward cost effectiveness to the payer. . . .of the pharmacy bill.”  Seventy-three prescribers did not respond to the letters, but Omnicare of Maine continued to dispense capsules to their patients without a valid prescription.  Eighteen prescribers specifically responded “no” to the letters, but capsules were dispensed anyway.  In the end, Omnicare of Maine filed 2,129 claims for reimbursement for prescriptions that were illegal because prescribers either did not authorize them or authorized them based on misrepresentations.  MaineCare paid approximately $136,935 for those prescriptions.

            The settlement breakdown is as follows: Restitution and interest to MaineCare, $198,188; False Claims Act penalties, $614,740 to MaineCare; False Claims Act attorney’s fees and investigative costs, $30,500 Healthcare Crimes Unit; Unfair Trade Practices Act penalties to State, $180,000.  In addition, Omnicare of Maine will pay restitution of approximately $60,000 directly to private payers harmed by the illegal switching.  The company also agreed to remain under constant monitoring by its parent company’s compliance officer, to conduct training of its employees, to refrain from switching drugs for MaineCare patients without prior approval of the Maine Department of Health and Human Services, and to report annually to the Attorney General’s Office about its compliance with this settlement.

            Attorney General Rowe said, “I have been outraged by this case all along.  We all trust that pharmacists will communicate honestly with doctors, especially about the care of our vulnerable family members and friends in nursing homes.  I am outraged by the violation of that trust.  I am also outraged by the deliberate defrauding of MaineCare.  The price of this case to this pharmacy says a million times over that the people of Maine will not stand by as our insurance program for our most vulnerable citizens is exploited by greedy providers.”

            Rowe commended the exceptional work of the Maine Healthcare Crimes Unit within the Attorney General’s Office, especially Assistant Attorney General Marci Alexander and Detective Christine Baker.

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TROOPER'S USE OF DEADLY FORCE AGAINST TAYLOR MICHAUD IN FRYEBURG WAS LEGALLY JUSTIFIED

August 26, 2004

AUGUST 26, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            Attorney General Steven Rowe announced today that a State Police officer, Trooper John Hainey, was legally justified when he discharged four rounds from his service weapon at Taylor Michaud, 32, of Fairhaven, Massachusetts, the afternoon of June 9, 2004, on Route 5 in Fryeburg, after Michaud pointed a shotgun at the trooper and attempted to shoot him.  Neither Michaud nor the trooper was injured.

            The Attorney General's investigation focused on the issue of whether the use of deadly force by Trooper Hainey in the situation was legally justified.  The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force in the performance of the officer’s duty.

            Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met.  First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person.  Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat.   (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury.  With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person or at a moving vehicle is also deadly force under Maine law.) 

            Attorney General Rowe determined, based on the investigation and legal analysis conducted by his office, that Trooper Hainey actually and reasonably believed that unlawful deadly force was imminently threatened by Michaud against himself when he shot at Michaud. 

The Attorney General reported the following findings from his office's investigation:

            On June 8, 2004, Deputy U.S. Marshal Christopher Clifford, assigned to the Lewiston-based Violent Crimes Task Force, received information from the Massachusetts State Police that a fugitive and convicted felon from that state, Taylor Michaud, was possibly staying at a residence in Brownfield, Maine.  Wanted on numerous active warrants in Massachusetts, Michaud was a fugitive from justice in the State of Maine.  Deputy Clifford also learned that Massachusetts authorities considered Michaud to be armed and dangerous.  A drive-by check of the Brownfield residence that day found no vehicles there.

            Early the next morning, Deputy Clifford determined that a vehicle in the driveway of the Brownfield residence belonged to Michaud.  Deputy Clifford got in touch with the Maine State Police to assist in taking Michaud into custody.  While formulating a plan to do that, Deputy Clifford saw a man who turned out to be Michaud come out of the residence, go to the vehicle in the driveway, and return to the residence.  Shortly after, Deputy Clifford left his vantage point to inform other officers of his observation.  When Clifford returned, Michaud’s vehicle was gone.  Officers searched the area for the vehicle for the next several hours without result.  In the early afternoon, several officers went to the residence in Brownfield and obtained permission to search the house for Michaud.  This search was also without result.

            A trooper from the Massachusetts State Police who had arrived in Brownfield to further brief the Maine officers with regard to Michaud told the officers that based on his investigation in Massachusetts, Michaud should be considered very dangerous and a likely risk to shoot at the police if officers attempted to apprehend him.

            While other officers were conducting a search of the residence in Brownfield, Trooper Hainey was outside in his cruiser in the event Michaud returned.  Trooper Hainey watched a vehicle that matched the description he had of Michaud’s vehicle arrive and stop at the end of the driveway.  Trooper Hainey recognized the driver as Michaud.  He also observed a male passenger in the front seat of the vehicle.  Deputy Clifford, on foot and making the same observation, drew his weapon, shouted at Michaud that he was a police officer, and ordered him to stop.  Michaud immediately drove away, accelerating his vehicle toward Route 113, but slowing down enough to let out the passenger.

Trooper Hainey pursued Michaud, activating the cruiser’s emergency warning signals, as well as an in-cruiser video camera.  The passenger, who had been let out of the vehicle, claimed not to know that Michaud was a fugitive. He told officers, however, that there was a loaded shotgun in Michaud’s vehicle and that Michaud had told him he intended to use it.  That information was immediately broadcast to Trooper Hainey, now in pursuit of Michaud, and other officers in the area.

            The pursuit continued onto Route 113 and headed north toward Fryeburg at speeds of 90 m.p.h.  In Fryeburg, Michaud turned onto Route 302 and traveled a short distance before turning north onto Route 5 toward Lovell.  When he was not slowed by traffic conditions, Michaud continued to accelerate to speeds of 90 m.p.h. in his attempt to elude Trooper Hainey.  While necessarily slowing down when he encountered traffic, Michaud generally drove at high speeds and in a dangerous manner, particularly in and around the built-up portion of Fryeburg.  Michaud passed vehicles on the right, encountered several near collisions caused by the dangerous operation, and imperiled not only other traffic, but pedestrians and highway workers along the pursuit route. 

As the pursuit continued toward Lovell on Route 5, Corporal Matt Baker of the Oxford County Sheriff’s Office deployed a spike mat on Route 5 near the Fryeburg-Lovell town line.  As Michaud reached the spike mat and drove over it, he slowed down.  Nonetheless, he continued north on Route 5 toward Lovell, despite the fact that three of the tires on his vehicle had been punctured by spikes from the mat.  As the tires slowly deflated, Michaud appeared to lose control of his vehicle; he abruptly pulled the vehicle to the right shoulder of Route 5 and stopped.  Trooper Hainey was directly behind Michaud in his cruiser.

When Michaud’s vehicle came to a stop, Michaud immediately exited the vehicle and, armed with a shotgun, started toward Trooper Hainey’s cruiser in an aggressive manner.  At the same time he “racked” the action of the shotgun (opening and attempting to close the pump action to deliver a live round to the chamber), and tried to discharge it at Trooper Hainey.  Trooper Hainey, who had stopped his cruiser 30 to 40 feet from Michaud, fired his service weapon at Michaud four times in rapid succession as he was exiting his cruiser.  One of the rounds struck Michaud’s vehicle, and another struck Michaud’s hat.  Michaud immediately threw his shotgun down and went to a prone position in the roadway near his vehicle where he was taken into custody by Trooper Hainey and Deputy Baker.

The shotgun was later determined to be a 12 gauge Mossberg pump action and was loaded with four live rounds.  When the shotgun was recovered at the scene, the safety was in the off position and the slide action was open.  Trooper Hainey’s in-cruiser video shows that Michaud ejected a live round from the chamber and appeared to be attempting to chamber another live round when Trooper Hainey fired his rounds.  The entire pursuit and all of Michaud’s actions were recorded by Trooper Hainey’s in-cruiser video camera.  The videotape will be available to the public only upon resolution of pending criminal charges against Michaud.

The Office of the Attorney General was assisted in the investigation by detectives and forensic specialists from the State Police and members of the Oxford County Sheriff’s Office.  The State Police cooperated fully with the investigation and is conducting its own review of the incident.

* * * * *

 

AG SUES TELEMARKETERS OVER ILLEGAL POLICE, WISH SOLICITATIONS

September 8, 2004

SEPTEMBER 8, 2004

STANLEY PIECUCH, ASSISTANT ATTORNEY GENERAL, 207-626-8818

 

The Attorney General’s Office announced today that it has filed suit against Florida-based International Law Enforcement Games, Inc., and its paid fundraiser All-Pro Telemarketing Associates Corp., in connection with a telephone solicitation campaign that they conducted in Maine in late 2003 and early 2004.

The complaint, filed in the Kennebec County Superior Court, alleges that the two entities violated the Maine Solicitation by Law Enforcement Officers Act by representing to prospective Maine donors that donations would benefit law enforcement officers, agencies, or associations.

The complaint further alleges that both defendants violated the Unfair Trade Practices Act by representing that their contributions would assist a “major children’s wish fulfillment organization” that they failed to identify.  They misled numerous prospective donors into believing that their contributions would benefit the more commonly known Make-A-Wish Foundation of Maine.

Finally, the complaint alleges that the paid professional fund raiser violated the Charitable Solicitations Act by soliciting contributions from Maine residents without fully disclosing to them at the time of solicitation but prior to the request for contributions both its name and address and the fact that it was a professional charitable fund raiser.

The complaint seeks an injunction against the two defendants, as well as civil penalties, restitution, and costs.

* * * * *

AUGUSTA MAN TO SERVE FOUR YEARS FOR TRAFFICKING OXYCODONE NEAR SCHOOL

September 10, 2004

SEPTEMBER 10, 2004

LARA M. NOMANI, ASSISTANT ATTORNEY GENERAL, 207-626-8804

JAMES M. CAMERON, ASSISTANT ATTORNEY GENERAL, 207-626-8505

 

Attorney General Steven Rowe announced today that Jeromiah Baker, 25, of Augusta, was sentenced Tuesday in the Kennebec County Superior Court for aggravated trafficking in oxycodone (class A).  Oxycodone is a powerful prescription narcotic pain-killer that is sold under the trade name of OxyContin.

Officers from the Augusta Field Office of the Maine Drug Enforcement Agency arrested Baker and found him in possession of sixteen 80 milligram strength OxyContin pills.  At the time of his arrest, Baker was less than 1,000 feet from the St. Augustine School in Augusta.  Baker admitted to police that he intended to sell the pills, and police were able to identity the source of the pills as co-defendant Lisa Wisse.  Wisse was also indicted on the Class A charge of aggravated trafficking in oxycodone.  Wisse was arraigned on the charge last week, following her recent arrest and extradition from Florida.

According to agents from the Maine Drug Enforcement Agency, oxycodone generally has a street price of $1 per milligram.  In this case, the oxycodone seized from Baker had been purchased for approximately $975.

Baker was sentenced by Superior Court Justice Donald Marden to serve ten years, all but four years suspended.  Once Baker  has served four years, he will be on probation for six years, the maximum period allowed for a class A offense. 

The case was investigated by the Augusta Field Office of the Maine Drug Enforcement Agency and the Augusta Police Department.  It was prosecuted by Assistant Attorney General Lara Nomani.

* * * * *

AG BRINGS CIVIL RIGHTS SUIT AGAINST BROTHERS WHO STOLE CROSS FROM LIVERMORE FALLS CHURCH

September 17, 2004

SEPTEMBER 17, 2004

JERRY REID, ASSISTANT ATTORNEY GENERAL, 207-626-8545

 

Attorney General Steven Rowe today announced that his office has filed a civil enforcement action in Androscoggin County Superior Court under the Maine Civil Rights Act against two brothers, Carl Harrington, 21, of Auburn, and Brian Harrington, 19, of Livermore.  The suit alleges that during the night of April 6, 2004, the defendants stole an eight-foot wooden cross from in front of the Eaton Memorial United Methodist Church in Livermore Falls.  The cross had been placed on the lawn in front of the Church as part of the celebration of Christian Holy Week, which culminates in Easter Sunday.  The defendants returned to the Church later that week and attempted to steal a second cross, but were interrupted when Livermore Falls Police arrived at the scene. 

The Maine Civil Rights Act prohibits the intentional interference with the exercise of Constitutional rights, such as the right to religious freedom, through damage or destruction of personal property.

The Attorney General’s complaint seeks a court order barring the defendants from interfering with the First Amendment rights of any member of the Eaton Memorial United Methodist Church, or any other person, through damage or destruction of their personal property.  The order would also prohibit the defendants from entering Church property.

Assistant Attorney General Jerry Reid, who is handling the case for the State, said, “Maine law protects people of all beliefs against intentional acts of interference with the practice of their chosen religion.  The cross is a widely recognized symbol of Christian faith, and our Civil Rights Act protects the congregation’s right to display it without fear of harm to it.”

Attorney General Rowe commended the Livermore Falls Police Department for its investigation of the incident.  The Department referred the case to Rowe’s office for possible action under the Maine Civil Rights Act.

* * * * *

AG BRINGS CIVIL RIGHTS SUIT OVER ASSAULT ON AFRICAN-AMERICAN WOMAN DUE TO RACIAL BIAS

September 21, 2004

SEPTEMBER 20, 2004

THOMAS A. HARNETT, ASSISTANT ATTORNEY GENERAL, 207-626-8897 

            Attorney General Steven Rowe today announced that his office has filed a civil enforcement action in Sagadahoc County Superior Court under the Maine Civil Rights Act against Perry Malcolm, 27, of Bath. The suit alleges that during the early morning hours of August 29, 2004, the defendant directed a verbal tirade at the victim, a 29-year-old African-American female who also resides in Bath.  The complaint alleges that the defendant repeatedly yelled racially derogatory language at the victim. The defendant also showed the victim that he had a tattoo of a swastika with burning flames on one of his arms.  After the verbal tirade, the defendant threw a partially full can of beer at the victim and hit the victim on the lip.  These events left the victim fearing for her personal safety.  

The Maine Civil Rights Act provides that a person has the right to engage in lawful activities without being subject to physical force or violence motivated by reason of race, color, religion, sex, ancestry, national origin, physical or mental disability, or sexual orientation.  In its complaint, the State alleges that the defendant’s violent acts were motivated by bias based upon the race and color of the victim. The Attorney General’s complaint seeks a court order barring the defendant from using physical force or violence, or threatening the victim.  The complaint also seeks a court order barring the defendant from knowingly approaching within 150 feet of the victim, her place of employment or her residence.  Attorney General Steven Rowe said “violent acts motivated by racial bias tear the very fabric of our community.  Racially motivated violence has too often placed victims and members of minority communities in a state of fear.  No person should be afraid to live in Maine and any persons who engage in violence motivated by racial bias must and will be brought to justice.”

            Attorney General Rowe commended the City of Bath Police Department for its investigation of this incident and for its cooperation with the Office of the Attorney General in advance of the filing of this lawsuit.  The City of Bath Police Department referred to Rowe’s office for possible action under the Maine Civil Rights Act.

 

* * * * *

 

AG AND HOSPICE COUNCIL TO CO-HOST CONFERENCE ON END-OF-LIFE ISSUES

September 21, 2004

MEDIA ADVISORY

  AG AND MAINE HOSPICE COUNCIL TO CO-HOST CONSUMER PROTECTION CONFERENCE ON END-OF-LIFE ISSUES

Tuesday, September 28, 8 a.m.-4:30 p.m.

Samoset Resort, Rockport

http://www.mainehospicecouncil.org/ListeningConference/

 

SEPTEMBER 21, 2004

AL HIPKINS, EVENT COORDINATOR, MAINE HOSPICE COUNCIL, 800-438-5963 OR 207-725-9984

JESSICA MAURER, SPECIAL ASSISTANT ATTORNEY GENERAL, 207-626-8515 

                Please assign a reporter to cover this conference.  This is one story that can help every single reader, listener, and viewer in your audience. 

The vast majority of Americans say they want to die at home, without pain, and surrounded by family and friends.  But the reality is just the opposite.  Most Americans die in an institution, in pain, and alone.  The goal of this conference is to encourage the elimination of barriers to obtaining quality care at the end of life. We will bring together consumers, scholars, clinicians, government officials and others with the expertise and ability to affect and change public policy in this critical area.

 AGENDA

7:00 Registration

8:00 Welcome, Kandyce Powell, Executive Director, Maine Hospice Council

8:10 Opening Remarks, Steven Rowe, Maine Attorney General

8:30 Will my pain be managed?

10:00 Break

10:15 Will my wishes be honored?

11:45 Lunch

12:45 Will I receive competent care?

2:30 Break

2:45 Facilitated discussions

3:45 Presentation of findings

4:15 Closing remarks

4:30 Reception

* * * * *

NURSE CONVICTED OF STEALING DRUGS FROM BRUNSWICK HOSPITAL

October 26, 2004

OCTOBER 26, 2004

MARIA ROBINSON, ASSISTANT ATTORNEY GENERAL, 207-626-8886

 

          The Maine Office of the Attorney General, Healthcare Crimes Unit (“HCU”) announced that Registered Nurse, Lisa Paddock, 42, of Bowdoin, pled guilty yesterday in Superior Court in Portland to two counts of stealing drugs, a class C crime.  The offenses occurred in June and July of 2003, while Paddock was working as a registered nurse at Mid Coast Hospital in Brunswick.

Paddock withdrew morphine from a computerized pill dispenser using the names of patients for whom the drugs were intended, but she took the morphine for herself rather than giving it to the patients.

The court sentenced Paddock to 18 months jail with all but 45 days suspended (which will be completed as work release), one year of probation.  During her probation, Paddock must submit to random searches and testing for illegal drugs.  Paddock lost her nursing license through a separate administrative action by the Board of Nursing earlier this year.

            The case was investigated by Detective Christine Baker and prosecuted by the Maine Office of Attorney General’s Healthcare Crimes Unit, the designated Medicaid Fraud Control Unit for the State of Maine.  Special Agent Eric Hafener of the United States Department of Health and Human assisted the HCU in investigating this matter. 

* * * * *

 

AG REQUESTS REVIEW OF MISCONDUCT ALLEGATIONS IN DECHAINE MURDER CASE

October 26, 2004

OCTOBER 26, 2004

 

Attorney General Steven Rowe announced today that he has requested that a retired federal magistrate judge and two prominent Maine attorneys review allegations of misconduct regarding the investigation of the 1988 murder of Sarah Cherry and the conviction of Dennis Dechaine for the crime.

Rowe announced that he asked retired U.S. Magistrate Judge Eugene Beaulieu of Old Town as well as attorneys Charles Abbott of Auburn and Marvin Glazier of Bangor to review certain allegations of misconduct by state prosecutors and law enforcement personnel.  Rowe stated that the three individuals had agreed to review the allegations and issue a report of their findings, which Rowe will make public.

In a letter to the three, Rowe stated:  “I have no reason to believe that these allegations are true.  However, in order to ensure continued public confidence in the Office of the Attorney General as well as other law enforcement agencies in the State of Maine, I request that you conduct an independent and impartial review of these allegations and issue a report of your findings, which I will make public.  To that end, I pledge the complete cooperation of my office.”

Rowe said that he appreciated that Magistrate Judge Beaulieu and Attorneys Abbott and Glazier had agreed to conduct the review.  “These are three of the most highly respected legal professionals in the State of Maine.  I appreciate their willingness to perform this important public service.”

 

            Specific allegations that Rowe asked to be reviewed are:

·        Following their initial investigation, law enforcement officers altered their notes and/or reports to falsely attribute incriminating statements to Dennis Dechaine.

·        Prosecutors misled the jury with respect to Sarah Cherry’s time of death.

·        At the time of trial, prosecutors and law enforcement officers had information about an alternative suspect which they should have shared, but did not share, with defense counsel.

·        In 1992, law enforcement officers, with the approval of prosecutors, inappropriately destroyed physical evidence to include a rape kit as well as hairs and fibers discovered at the scene where Sarah Cherry’s body was found.

·        Prosecutors inappropriately failed to notify the court and defense counsel of a consultant’s opinion regarding the reliability of an outside laboratory and DNA tests conducted in 1993.

 

The Attorney General’s Office will offer no public comment on the review until the review is completed. 

* * * * *

 

AG Rowe, Federal Authorities Work To Expose "The Big Fat Lie"

November 9, 2004

Attorney General Steven Rowe announced today that his office has filed suit against two Maine companies and their executives for unfair and deceptive trade practices in marketing and selling weight-loss patch products called Slim Patch and Bodylite Gel Patch. The defendants are: Brewer-based Integra Direct LLC; its president Vincent Wank; Scarborough-based Infinity Marketing LLC; and Gregory Fletcher, who ran Infinity Marketing with Wank.

The Attorney General's complaint, filed in Kennebec County Superior Court, alleges that the defendants falsely represented that their products caused substantial weight loss with little or no dieting or exercise, and that they made other false and unsubstantiated claims as to the efficacy and safety of those products. The complaint also alleges that the defendants failed to honor money-back guarantees, charged consumer credit cards amounts that the consumers had not authorized, and falsely represented that they were offering a limited-time reduction in price to consumers who agreed to purchase their products that same day.

"Consumers should not be misled by get-thin-quick schemes," Attorney General Rowe said. "There are no pills, patches, or magic potions for quickly and safely removing body weight. The best way to shed pounds is the old fashioned way: by reducing calorie intake and exercising regularly." Rowe also cautioned consumers that they could lose more than their money by using certain weight loss products. "Some weight loss products may actually be dangerous to your health," said Rowe.

In addition to restitution for numerous consumers around the country, the Attorney General is seeking a permanent injunction against each of the four defendants, as well as civil penalties and costs. The filing of the case corresponds with a national enforcement effort by the Federal Trade Commission (FTC) called "Operation Big Fat Lie." For more information on the FTC effort, go to http://www.ftc.gov/opa/2004/11/bigfatliesweep.htm . Last year, the FTC advised consumers and media outlets to be wary of weight-loss product ads that make the following common "Red Flag" deceptive claims:

  1. Causes weight loss of two pounds or more a week for a month, or more without dieting or exercise.
  2. Causes substantial weight loss, no matter what or how much the consumer eats.
  3. Causes permanent weight loss (even when the consumer stops using the product).
  4. Blocks the absorption of fat or calories to enable consumers to lose substantial weight.
  5. Safely enables consumers to lose more than three pounds per week for more than four weeks.
  6. Causes substantial weight loss for all users.
  7. Causes substantial weight loss by wearing it on the body or rubbing it into the skin.

STANLEY PIECUCH, ASSISTANT ATTORNEY GENERAL, 207-626-8818

AG ROWE INVITES HOMELESS, FORMERLY HOMELESS PEOPLE TO TESTIFY ON DISCRIMINATION

November 16, 2004

NOVEMBER 16, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            Attorney General Steven Rowe today invited Maine people who are or have been homeless to tell him about discrimination they have experienced as a result of their homelessness.  Rowe announced the dates for four public hearings that he will conduct as part of a study of discrimination against the homeless, the results of which will be reported to the Legislature early next year.  The study will focus on discrimination that falls into a few basic categories:  Bias-motivated violence or threats of violence; bias-motivated property damage or threats of property damage; and discrimination in housing, public accommodations, and pricing of goods and services.

 

Portland

Monday, November 22, 10 a.m.

Preble Street Resource Center, Dining rm., 252 Oxford Street

Bangor

Friday, December 3, 1:00 p.m.

Bangor Area Homeless Shelter, 263 Main Street

Alfred

Tuesday, December 7, 12:30 p.m.

York County Shelter, 7 George Road

Lewiston

Tuesday, December 14, 10 a.m.

Trinity Jubilee Center, 247 Bates Street

 

            As part of the study, the Attorney General has already conducted a statewide survey of agencies that serve the homeless as well as law enforcement agencies. 

            Homeless or formerly homeless Mainers who wish to share information about discrimination may also do so by writing to the Attorney General at the following address before December 15:    Attorney General Steven Rowe

                        Attn: Homeless Discrimination Study

                        #6 State House Station

                        Augusta, ME 04333

            Those who wish to offer testimony at one of the hearings but are unable to arrange transportation to a hearing may call Charles Dow at the Attorney General’s Office at 626-8577

* * * * *

 

BANGOR X-RAY TECH TO SERVE 9 MONTHS FOR SWITCHING DRUGS AT HOSPITAL

November 18, 2004

NOVEMBER 18, 2004

MARCI A. ALEXANDER, ASSISTANT ATTORNEY GENERAL, 207-626-8555

 

          Attorney General Steven Rowe announced today that x-ray technician James Dearborn, 34, of Bangor, pled guilty Monday in Bangor Superior Court to one count of stealing drugs (class C) and one count of endangering the welfare of a dependant person (class D).  Dearborn will serve nine months in jail.

            The offenses occurred on January 19, 2004, while Dearborn was working as an x-ray technician at a Bangor hospital.  Prior to a procedure at the hospital, Dearborn stole a syringe of fentanyl, a narcotic analgesic, from the tray containing the instruments and medications for the procedure.  He replaced it with a syringe he had in his pocket that contained a saline-like solution.  By the time the switch was confirmed, the procedure had already started and the patient had received some of the saline-like substance, rather than the pain medication.  Immediately after being informed of the switch, the other staff at the facility acted quickly to stop the use of the syringe and care for the patient.  Dearborn was stealing the fentanyl for his own personal use.

At the sentencing hearing Monday, Justice Studstrup sentenced Dearborn on the stealing drugs count to 18 months in jail with all but 9 months suspended, a $750 fine, and two years of probation during which he may not possess alcohol or drugs and must submit to random drug searches and testing.

Dearborn also received a concurrent sentence of 6 months in jail, all suspended, one year of probation and a $500 fine on the count of endangering the welfare of a dependant person.

            This case was investigated and prosecuted by the Maine Office of Attorney General’s Healthcare Crimes Unit, the designated Medicaid Fraud Control Unit for the State of Maine. 

* * * * *

 

ATTORNEY GENERAL, AGRICULTURE COMMISSIONER OFFER CONSUMER TIPS ON BUYING FIREWOOD

November 18, 2004

NOVEMBER 16, 2004

STEVEN ROWE, ATTORNEY GENERAL, 207-626-8599

HAL PRINCE, DEPARTMENT OF AGRICULTURE, 207-287-3841

 

            In a classic Maine story, the math teacher asks a boy whose family sells firewood, “If firewood is $100 per cord and someone gives you $200, how much wood do you deliver?”

            “About one-and-three-quarter cord,” answers the boy.

            “No, that’s not right,” says the teacher.

            “I know it ain’t right, but everyone does it,” says the boy.

           

            While most Maine firewood sellers are honest businesspeople, Attorney General Steven Rowe and Agriculture Commissioner Robert W. Spear teamed up today to tell Mainers that firewood shorting is worse than “not right,” it’s illegal.

            “There are three basic rules for consumers,” said Agriculture Commissioner Robert W. Spear.  “Know who you’re buying from, know what you’re buying, and get a delivery ticket.”

            Attorney General Rowe said, “We have received several complaints from consumers this firewood season.  While we may go to court on some of those complaints, the best consumer protection results from consumers knowing their rights.”

            Measuring firewood: Under Maine law, firewood must be sold in one of three allowable units: standard cord, cubic foot, or loose thrown cord. 

A standard cord is a unit of measure of wood products 4 feet wide, 4 feet high and 8 feet long, or its equivalent, containing 128 cubic feet when the wood is well stacked.  For firewood averaging 12 inches long, a standard cord stacks up to be eight feet high and 16 feet long.  For firewood averaging 16 inches long, a standard cord stacks up to be eight feet high and 12 feet long.  A useful standard cord calculator is available for free on the Internet at http://members.shaw.ca/measurementbc/calcfire.html face="Times New Roman" size=3>  This site is not maintained by Maine State Government, but it seems to give accurate results.

A cubic foot is simply a unit of volume measuring one foot by one foot by one foot.

A cord of loose, unstacked wood occupies 180 cubic feet if the wood averages 12 or 16 inches in length; 195 cubic feet if the wood averages 24 inches in length.

            Delivery tickets: Maine law requires a delivery of firewood to be accompanied by a delivery ticket that states the name of the seller, the name of the purchaser, the delivery date, the quantity delivered, and the quantity upon which the price is based.  The delivery ticket must always show whether the firewood is being sold by the standard cord, the cubic foot, or the loose thrown cord

            The Attorney General’s Office and the Department of Agriculture share responsibility for enforcing the firewood laws.  Consumers who believe they have not received the correct measure of firewood may contact the Department of Agriculture at 287-3841 or the Attorney General’s Office Consumer Mediation Program at 1-800-436-2131.  To fill out a complaint form online, go to:

http://www.maine.gov/ag/dynld/documents/FinalWoodComplaintPDF.pdf

* * * * *

SEXUAL ASSAULT NURSE/FORENSIC EXAMINERS TRAINING IN AUGUSTA

November 19, 2004

NOVEMBER 19, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS AND LEGISLATIVE AFFAIRS, 207-626-8577

 

Nurses from around the state have gathered in Augusta for specialized training required for State certification as Sexual Assault Nurse/Forensic Examiners (SANE/SAFE).  The training is coordinated by the Sexual Assault Forensic Examiner Program, which is part of the Attorney General’s Office, in conjunction with the Maine Coalition Against Sexual Assault, the Maine State Police Crime Lab, Rape Crisis Assistance & Prevention in Waterville, and Sexual Assault Crisis & Support Center in Augusta.

On Thursday, the group learned about Maine laws on sexual assault and abuse and mandated reporting, and discussed testifying as a witness.  Today, a mock trial on a gross sexual assault case is being held in Augusta Superior Court.  The roles of the judge, prosecutor, defense attorney, investigator and Sexual Assault Nurse Examiner are being played by a professionals from each discipline.  Members of the community will play the twelve jury and two witness roles.

The purpose of the training is to provide participants, primarily Registered Nurses, with a trial experience that will increase their skills and knowledge of Maine law, court procedure, how to be a witness, and to fulfill one clinical requirement toward state SANE/SAFE certification.   State standards for Sexual Assault Nurse/Forensic Examiners require that they have a working knowledge of Maine laws regarding sexual assault, and have attended at least two criminal trials, one of which must be a sexual assault trial. 

Members of the media interested in covering the training should contact Charles Dow in the Attorney General’s Office, who will make arrangements with the trainers for interviews.

* * * * *

AG, US ATTORNEY REVIEWING BRAIN DONATIONS

November 19, 2004

 

NOVEMBER 19, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 626-8577

 

            Attorney General Steven Rowe and United States Attorney Paula Silsby said today that their offices are working together in a review of about 100 Maine cases in which brains were donated to a Maryland-based research laboratory. 

            Attorney General Rowe said, “A few weeks ago, I asked United States Attorney Silsby to work with us on this matter, and I am happy that she agreed.  The fact that detectives have been talking to families has already been reported in the media.  We will, however, decline to comment on these cases until the review is concluded and publicly available information has been identified.”

* * * * *

 

STATE SUES GREAT NORTHERN PARENT COMPANY FOR EMPLOYEE SEVERANCE PAY

November 30, 2004

NOVEMBER 30, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            Attorney General Steven Rowe announced that his office has filed a complaint today in Kennebec County Superior Court alleging that Inexcon Maine, Inc., owes severance pay to former Great Northern Paper, Inc. (GNP) workers at a rate of one week’s pay for each year of employment with GNP.  Inexcon Maine owned GNP, which operated paper mills at Millinocket and East Millinocket.  The Bureau of Labor Standards in the Maine Department of Labor estimates that Inexcon Maine owes more than $25 million to more than 1,100 workers.  Workers who had less than three years at GNP are not eligible for severance pay. 

            Attorney General Rowe said, “State law provides severance pay to these workers.  We promise to work as hard as we can to help these workers get what their long service has earned them.”

            Rowe thanked the Maine Department of Labor and Bureau of Labor Standards for their considerable work in investigating and preparing this large case for filing.

* * * * *

 

ATTORNEY GENERAL PLACES CONDITIONS ON RITE AID PURCHASES OF COMMUNITY PHARMACY LOCATIONS

December 6, 2004

DECEMBER 6, 2004

FRANCIS ACKERMAN, ASSISTANT ATTORNEY GENERAL, 207-626-8847

 

            Attorney General Steven Rowe today announced that the State of Maine, Rite Aid Corporation, and Community Pharmacy, L.P., have agreed to a consent decree (an agreed-upon court order) that places conditions on the sale of five Community Pharmacy stores to Rite Aid. In the consent decree, neither Rite Aid nor Community admits to any violation or wrongdoing.

The conditions imposed by the decree are based on state antitrust law, which is intended to promote competition, and limit artificial barriers to entry in Maine markets.  The Community Pharmacy stores that will be purchased are located in Fort Kent, Madawaska, Houlton, Fairfield, and Gray.  Rite Aid was required to notify the Attorney General of pharmacy acquisitions in northern Maine under the terms of a 1995 consent decree.

            Under the decree, submitted today for court approval, Rite Aid and Community Pharmacy must limit the non-compete clauses of their agreement, which restrict Community’s ability to compete with Rite Aid, to the following areas and time periods:

Gray:   A five-year, five-mile restriction, using the store as the center of the five-mile radius circle, with a bulge including the entire municipality of Windham.

Fairfield:   A five-year, five-mile restriction centered on the store, with a bulge including the entire municipalities of Fairfield, Waterville, Winslow and Oakland.

Houlton, Fort Kent & Madawaska:   A five-year, fifteen-mile restriction centered on the store in each case.

In addition, Community will be restricted in its ability to compete in the Maine market for mail order prescription drugs, but only to a limited extent. Specifically, for a two-year period, it may not use any information gleaned from the pharmacies being transferred to solicit mail order customers within the geographic areas described above. The decree also requires Rite Aid to offer to terminate a lease it holds on property in Fort Kent owned by Paradis Brothers Enterprises, formerly occupied by Brooks Drug and a state liquor store. These premises are adjacent to the Paradis Family supermarket.   

Rite Aid and Community Pharmacies will each pay the State $2,500 to defray the Attorney General’s cost of investigation; in addition, Rite Aid will pay a $2,000 penalty for failing to notify the Attorney General of an unrelated transaction when it bought Frontier Pharmacy in Caribou approximately a year ago.

* * * * *

 

AG FAULTS LIVERMORE LOGGERS OVER VIOLATIONS OF COURT ORDER

December 9, 2004

DECEMBER 9, 2004

LUCINDA WHITE, ASSISTANT ATTORNEY GENERAL, 207-626-8822

 

            Attorney General Steven Rowe announced today that his office has filed papers in Superior Court in Augusta alleging that Livermore area loggers Robert W. Tibbetts, Jr., Robert W. Tibbetts, Sr., and Darrell L. Tibbetts have violated the terms of a 2001 order from the same court governing their logging business practices.  The Attorney General brought the 2001 case under the Maine Unfair Trade Practices Act and other consumer protection laws. 

In the new filing, the Attorney General’s Office cites numerous examples of the Tibbetts’ misleading and confusing woodlot owners as to their qualifications, the price of their services, and the value of timber on the woodlot.  The Tibbetts also failed to disclose to woodlot owners that the owners had a three-business-day rescission period, beginning at the date of contract signing, during which they could cancel the contract for logging services with the Tibbetts.  The Tibbetts also backdated a contract in order to nullify the woodlot owner’s right of rescission. 

            The Attorney General’s court filing asks the court to require the Tibbetts to pay restitution to consumers and costs to the Attorney General in addition to banning them from logging on the land of others forever. 

            The Maine Forest Service will investigate woodlot owners’ complaints against the Tibbetts.  Others who wish to file complaints should contact District Ranger Gregg Hesslein at 1-800-750-9777.

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FORMER AIDS ALLIANCE OFFICIAL SENTENCED FOR THEFT

December 21, 2004

DECEMBER 21, 2004

MICHAEL J. COLLERAN, ASSISTANT ATTORNEY GENERAL, 207-626-8834

 

                  Attorney General Steven Rowe announced that Randall Norcross, 65, of Hallowell, was sentenced yesterday to three years in jail, with all but six months suspended, on a felony theft conviction.  Norcross will be on probation for four years after his release and must pay $23,569.75 in restitution to his victim, the Augusta-based Maine AIDS Alliance.

                  Norcross had earlier pled guilty to the theft charge and admitted to stealing more than $23,000 from the Maine Aids Alliance from December of 1999 until he left the organization at the end of 2001.  During that period, Norcross was Executive Director of the non-profit, which is an umbrella group for AIDS service organizations across Maine.  According to Assistant Attorney General Michael J. Colleran, who prosecuted the case, Norcross wrote more than 230 unauthorized checks for personal expenses on the Maine AIDS Alliance checking account.

                  In imposing the sentence, Maine Superior Court Justice Kirk Studstrup characterized Norcross’ conduct as “the systematic looting of the funds of the Maine Aids Alliance.”

The Norcross case is the third case in thirteen months where the Attorney General’s Office has successfully prosecuted an insider for stealing from a non-profit corporation.  In November of 2003, Armour L. Goodman, a bookkeeper, pled guilty to stealing more than $30,000 from the Washburn-Norlands Living History Center in Livermore.  Goodman was sentenced to three years of incarceration, with all but nine months suspended.  In September of this year, Sarah J. Tracy, of Skowhegan, was sentenced to two-and-a-half years of incarceration, with all but five months suspended, after a Portland jury found her guilty of theft and misuse of entrusted property arising out of her tenure as President of the Board of Directors of EMC Affordable Housing Preservation, a Westbrook non-profit devoted to providing low income housing.  According to Colleran, who prosecuted all three cases, Tracy stole more than $30,000 from the non-profit.  Tracy has appealed the conviction.

                  Attorney General Rowe said, “Non-profit groups serve a vital function for the people of Maine, and they depend on maintaining good reputations.  We will vigorously prosecute those who abuse their positions in nonprofits and steal funds.”

* * * * *

 

NO, VIRGINIA, THE GOVERNMENT IS NOT GIVING YOU MONEY

December 21, 2004

DECEMBER 21, 2004

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            Attorney General Steven Rowe today reiterated a warning to Maine consumers against callers who claim you are eligible for a government grant and that all you have to do is pay them $250 in order to receive it.  “These government grant calls are just the latest variation on scams that claim you are eligible for money, but in order to get it, you must pay,” said Attorney General Rowe.  The Attorney General first issued this warning in June, but a recent resurgence of consumer inquiries on this issue caused him to issue this reminder today.

            Sometimes the caller will say that you are eligible for the grant because you paid your taxes or your credit card bill on time.  Sometimes they will promise a grant between $1,800 and $2,500, which can be used for school tuition costs or new construction or a new car.  Once the caller gets your interest, you will be asked first to either send money or give your credit card number or checking account number.

            Some of these callers claim to be representing organizations that can help you obtain government grants for an advance fee.  They are similar to advance fee loan scams that promise to arrange a loan for you, if you first send them money.  “Do not send them money, do not give them your credit card number, do not read them the numbers from the bottom of your checks,” said Attorney General Rowe.  “If they can get into your checking account or learn your credit card number, you will lose much more than the $250 fee they are asking you for,” warned the Attorney General.

* * * * *

AG Sues Firewood Sellers Over Short Cords

January 13, 2005

JANUARY 13, 2005 JAMES MCKENNA, ASSISTANT ATTORNEY GENERAL, 207-626-8842

Attorney General Steven Rowe today announced that his office has filed unfair trade practice lawsuits against two brothers, Roland W. Hale, II, and Bryan Hale for delivering less firewood than consumers ordered and paid for. Roland W. Hale, II, does business as Friendly Firewood at 65 Winston Way in New Gloucester. Bryan Hale does business as Avery Acres Firewood at 12 Tammy Lane in Windham.

The Maine Department of Agriculture has received 18 consumer complaints against Roland W. Hale, II, and seven consumer complaints against Bryan Hale. Inspectors from the Office of Weights and Measure traveled to the consumers' homes and measured the wood that had been delivered. In each case, the inspector concluded that the consumer had been sold significantly less firewood than had been ordered and paid for.

Attorney General Rowe stated that: "With energy prices as they are, Mainers are entitled to expect full value for their home heating dollar. Short sellers of any home heating fuel can expect our serious and immediate attention." The Attorney General complimented the Office of Weights and Measure for its investigation of the consumer complaints.

If any consumer would like advice on how to measure delivery of firewood, or wishes to request an official measurement, they should contact the State Office of Weights and Measure, 28 State House Station, Augusta, ME 04333, or call (207) 287-3841.

Consumers may also calculate the amount of wood in their own woodpiles by using the cord calculator on the Attorney General's website at <http://www.maine.gov/ag/firewood.html>.

AG Announces Rules Hearing, Settlements Regarding Auto Dealers

January 27, 2005

Attorney General Steven Rowe is moving aggressively to protect car buyers from deceptive advertising and other unfair trade practices.

On February 2, at 9 a.m. in room 600 of the Burton M. Cross State Office Building in Augusta the Attorney General's Office will hold a public hearing on proposed Unfair Trade Practice rules that spell out more clearly the kinds of car ads that are considered deceptive. "The rules will give dealers clear guidelines as to what ads are acceptable," said Assistant Attorney General Linda Conti, Consumer Protection Division Chief. "Their main goal is to insure that if an ad offers a car at a specific price that the car will in fact be available at that price." The proposed rules are available on the Attorney General's website at: <http://www.maine.gov/ag/dynld/documents/PrpsdAdvRulesII.pdf>

The Attorney General also announced recent settlements of two unfair trade practice court cases against car dealers.

A settlement with Prime Toyota, a car dealership located on U.S. Route 1 in Saco, will prohibit Prime from advertising cars at greatly reduced prices when those cars are not readily available to the public at that price. The Attorney General's investigation revealed that Prime Toyota, in April and May of 2004, advertised Camry LE vehicles at greatly reduced prices. But when consumers came shopping, those vehicles were very hard to find.

Prime Toyota did not admit to any wrongdoing. It paid a $10,000 civil penalty and also paid $1,000 toward the Attorney General's expenses.

A settlement with Auto Mart, a Portland dealership, prohibits it from failing disclose to buyers damages it knew the car had suffered. "Auto Mart sold a Mercedes Benz not once but twice to consumers without disclosing it had received serious accident damage," said Assistant Attorney General James McKenna, who handled the case for the State. Auto Mart will pay a $7,000 Civil Penalty and $500 toward the Attorney General's expenses. Auto Mart also did not admit any wrongdoing.

JAMES MCKENNA, ASSISTANT ATTORNEY GENERAL, 207-626-8842

AG, Chief Medical Examiner Adopt New Policy On Organ And Tissue Donations In Medical Examiner Cases

January 28, 2005

Attorney General Steven Rowe and Chief Medical Examiner Margaret Greenwald today announced the adoption of a new policy on organ and tissue donations that will apply to medical examiner cases, which are usually suspicious or unattended deaths. The new policy establishes the standards that must be met by any tissue bank, organ procurement organization, or research organization (collectively, "recovery agencies") before the Office of Chief Medical Examiner (OCME) will recognize it as a recovery agency. Only recognized recovery agencies will be permitted to recover organs or tissues in medical examiner cases.

The new policy:

  • Requires pre-approval of recovery agency consent forms by the medical examiner's office;
  • Requires that recovery agencies asking next-of-kin for organ and tissue donations must be clear and specific about what will be recovered and what purpose it will be used for;
  • Requires audio-recording and witnessing consent that is obtained over the telephone;
  • Requires all consent forms and audio recordings of consents to be maintained by the recovery agency and made available for inspection by the medical examiner's office;
  • Requires filing of a completed consent form with the medical examiner's office before any recovery is permitted to take place;
  • Requires that the fully executed consent form be provided to the next-of-kin within five business days;
  • Requires that additional written material explaining organ or tissue donation be provided to the next-of-kin;
  • Bans per-case or "finder's fee" payments to recovery agency employees or agents involved with obtaining consent for organ or tissue donation;
  • Bans payment from recovery agencies to OCME employees or contractors; and
  • Bans OCME employees or contractors from being involved with obtaining consent for organ or tissue donation.

Chief Medical Examiner Margaret Greenwald said, "We have worked hard over the past several months to develop a policy that supports organ and tissue donations but raises the bar on what constitutes full informed consent and what we will accept as proof of full informed consent." Attorney General Steven Rowe said, "We believe this new poli cy adopts the highest professional and ethical standards for this sensitive work. We hope it will serve as a basis for the administrative rules that cover all organ and tissue donation in Maine."

Greenwald and Rowe expressed appreciation to the Acting Director of the State Bureau of Health, Dr. Lani Graham; State Equal Employment Opportunity Coordinator Laurel Shippee; and officials at the New England Organ Bank for their input during the process of drafting the policy. Greenwald and Rowe plan to work with Graham on a revision of the Bureau of Health's administrative rules regarding consent for anatomical gifts under the Uniform Anatomical Gift Act.

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

MISSING AND ABDUCTED CHILDREN TRAINING WILL DRAW OFFICERS TO SO. PORTLAND, HAMPDEN

February 1, 2005

FEBRUARY 1, 2005

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

 

            The Maine Attorney General’s Office is hosting two day-long training sessions entitled “Missing and Abducted Children: A Survival Guide for First Responders and Initial Investigators.”  The first session will be held in South Portland on Wednesday, February 2, from 8 a.m. to 4 p.m. at National Semiconductor at 5 Foden Road.  The session will be repeated in Hampden on Thursday, February 3, from 8 a.m. to 4 p.m. at the Hampden Police Department at 106 Western Avenue.

            The training will be conducted by the National Center for Missing and Exploited Children.  It is designed to provide critical information to officers whose knowledge, skill, and ability will make the difference between a prompt recovery and a protracted investigation of a missing or abducted child case.  Topics to be covered include: Child abduction, family abduction, runaways, online victimization, sexual predators, recovery techniques, investigative resources, and agency planning.

            Members of the media are invited to attend either session. 

* * * * *

Another Maine Prescription Drug Law Survives Industry Challenge

February 3, 2005

Attorney General Steven Rowe announced today that U.S. Magistrate Judge Margaret Kravchuk has handed Maine a win in a recommended decision in the case challenging Maine's Unfair Prescription Drug Practices Act (UPDPA). The decision recommends that the U.S. District Court for Maine grant the Attorney General's motion for summary judgment and deny the motion for summary judgment filed by the Pharmaceutical Care Management Association (PCMA), the national trade association representing pharmaceutical benefits management companies (PBMs). PCMA sued Attorney General Rowe in 2003 alleging that the UPDPA is preempted by federal law; that it would effect a regulatory taking of trade secrets, revenues, and contractual rights; that it violates PBMs' civil rights; and that it is unconstitutional for violations of due process, the Commerce Clause, and freedom of speech. Yesterday, after more than a year of intense litigation between industry lawyers and the Attorney General's Office, U.S. Magistrate Margaret Kravchuk found in favor of the Attorney General on all claims.

The UPDPA requires PBMs to disclose to health plans any conflicts of interest, side payments from drug companies, and details about drug switching programs. These requirements are described generally as promoting "transparency" in the PBM industry, that is, they allow the health plan clients of PBMs to see through the otherwise secret arrangements that PBMs had with other market players. Yesterday's decision summarized the PBM industry in these words: "[A]lthough PBMs afford a valuable bundle of services to benefits providers, they also introduce a layer of fog to the market that prevents benefits managers from fully understanding how best to minimize their net prescription drug costs." (at page 5)

Attorney General Rowe said, "The persistence and patience of Maine people have been rewarded for the second time in a week. Last Friday's favorable decision on Maine Rx Plus and yesterday's decision on the Unfair Prescription Drug Practices Act both vindicate our long-standing support for efforts to reduce prescription drug prices. Maine leads the nation in these efforts. Maine people know that the first person down a trail has to expect to clear a few trees. I'm thrilled to report that we are clearing the trees laid in the trail by the drug industry and that the trail does lead to lower prices for prescription drugs. Thanks to all people of Maine who stand behind us in this important work."

http://www.med.uscourts.gov/Opinions/Kravchuk/2005/MJK020220051-03cv153PCMAv_Rowe.pdf

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

AG Advises Mainers On Antidepressant Remeron To Make Claims For Reimbursement Of Out-Of-Pocket Costs

March 24, 2005

Attorney General Steve Rowe today advised Mainers who took the prescription antidepressant Remeron or its generic equivalent mirtazapine between June 15, 2001, and January 25, 2005, to submit claim forms for possible refunds. Consumers may file claims online at www.RemeronSettlement.com. Paper claim forms can be requested by calling toll free 1-866-401-6807. Online claims must be filed and paper claims must be postmarked by June 13, 2005. The address for returning paper forms is: Remeron Antitrust Settlement, c/o Complete Claim Solutions, Inc., P.O. Box 24769, West Palm Beach, Florida 33416.

Maine joined other states in settling a lawsuit against Organon USA, Inc. and its parent company Akzo Nobel N.V. alleging improper monopolization of the U.S. market for Remeron and mirtazapine. The lawsuit alleged that Organon unlawfully extended its monopoly by improperly listing a new "combination therapy" patent with the U.S. Food and Drug Administration (FDA). The suit also alleged that Organon delayed listing the patent with the FDA in another effort to delay the availability of lower-cost generic substitutes. This resulted in higher prices to those who paid for the drug. At its peak, Remeron was the Organon's top-selling drug with annual sales in excess of $400 million. The companies will pay $36 million upon final court approval of the settlement. As part of a nationwide consumer notification program, attorneys general also launched a campaign to notify consumers of the settlement and claims process through advertising in publications such a Readers Digest, Parade, and USA Today. Pharmacists and psychiatrists have also been asked to help get the word out to patients.

Mainecare and other third-party payers of drug costs will also recoup costs they incurred through paying higher prices for the drugs.

Affected consumers who do not wish to remain part of the settlement class must exclude themselves in writing on or before April 27, 2005. Information on "opting-out" of the settlement also is available at the settlement website or by calling the toll-free number.

CHRISTINA MOYLAN, ASSISTANT ATTORNEY GENERAL, 626-8838

AG Brings Civil Rights Case In Portland Threatening Of Somali Taxi Driver

April 1, 2005

Attorney General Steven Rowe announced today that his office has filed an action under the Maine Civil Rights Act against Garrett Powell, 22, of Portland and Charles Frechette, 23, of Sebago Lake for their threats against a Somali taxicab driver based on their bias against his race, color or national origin. In court papers filed in Superior Court in Portland, the Attorney General asks the court to enjoin Powell and Frechette from having any contact with the victim and from committing future violations of the Maine Civil Rights Act.

The lawsuit alleges that on December 14, 2004, shortly after midnight, Frechette and Powell were riding home with three friends in an American Taxi from a Christmas party in the Old Port and stopped at the Big Apple Store at the corner of Park Street and Forest Avenue in Portland. The victim, a taxi driver from Somalia, asked the American Taxi to move so that the victim could maneuver his taxi closer to the air pumps to fill his tires. Powell emerged from the American Taxi, yelled racial epithets, told the victim to go back to his country, and threatened the victim with physical harm. Frechette came out of the Big Apple Store and joined the confrontation, challenging the victim to fight. The lawsuit alleges that Frechette pulled out a knife, used racial epithets and threatened to "cut" the victim. The victim ran into the store and the cashier held the doors closed so that Frechette and Powell could not come after him. The confrontation ended only when the cashier called the police.

"Many immigrants, like this man from Somalia, came to this country to seek sanctuary from the violence in their homelands," said Attorney General Rowe. "We will not tolerate threats of violence to persons of Somali ancestry based on bias against their race, color or national origin."

LEANNE ROBBIN, ASSISTANT ATTORNEY GENERAL, 626-8581

Maine Law On Pharmacy Benefits Clears Another Federal Court Hurdle

April 13, 2005

Attorney General Steven Rowe announced today that U.S. District Court Judge D. Brock Hornby has handed Maine an unequivocal win in the case challenging Maine's Unfair Prescription Drug Practices Act (UPDPA). The decision grants the Attorney General's motion for summary judgment and denies the motion for summary judgment filed by the Pharmaceutical Care Management Association (PCMA), the national trade association representing pharmaceutical benefits management companies (PBMs). PCMA sued Attorney General Rowe in 2003 alleging that the UPDPA is preempted by federal law; that it would effect a regulatory taking of trade secrets, revenues, and contractual rights; that it violates PBMs' civil rights; and that it is unconstitutional for violations of due process, the Commerce Clause, and freedom of speech. U.S. Magistrate Margaret Kravchuk filed a recommended decision in favor of the State in February. Today's ruling adopts Kravchuk's recommendation, finding in favor of the State on all claims.

The UPDPA requires PBMs to disclose to health plans any conflicts of interest, side payments from drug companies, and details about drug switching programs. These requirements are described generally as promoting "transparency" in the PBM industry, that is, they allow the health plan clients of PBMs to see through the otherwise secret arrangements that PBMs had with other market players. The decision adopted today summarized the PBM industry in these words: "[A]lthough PBMs afford a valuable bundle of services to benefits providers, they also introduce a layer of fog to the market that prevents benefits managers from fully understanding how best to minimize their net prescription drug costs."

Attorney General Rowe said, "We are very pleased. This is a landmark decision on a landmark law. The State of Maine continues to lead the nation in securing lower drug prices for consumers. Thanks are due to the Maine Legislature and all Mainers who stand behind us in this important work."

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

Hodgdon High Student Cited In Race-Motivated Attack At School

April 20, 2005

Attorney General Steve Rowe today announced that his office has filed court papers in Aroostook County Superior Court alleging that a Hodgdon high school student violated the Maine Civil Rights Act when he taunted and attacked a student of Mexican descent. The suit alleges that the defendant, who is a minor, followed the victim through the halls of Hodgdon High School, taunting him with ethnic slurs, and then subsequently attacked him in the school parking lot. The suit also alleges that the defendant has a history of conduct evidencing bias and hatred towards persons of different races, ethnic backgrounds, and religions.

The Attorney General seeks to permanently enjoin the defendant from any further bias-motivated threats or acts of violence, property damage, or trespass against the victim or others.

Attorney General Rowe said, "Taunting and assaulting a child because of his or her ethnicity is not only shameful, it is illegal. The fact that the perpetrator is a fellow student does not excuse such behavior; rather, it makes it all the more deplorable. No child should be afraid to go to school because of ethnic threats and violence from other students."

Attorney General Rowe commended the Aroostook County Sheriff's Department for its investigation of the incident. The department referred the case to Rowe's office for this action under the Maine Civil Rights Act.

SUSAN SPARACO, ASSISTANT ATTORNEY GENERAL, 207-626-8569

AG Brings Civil Rights Action Against Hallowell Man For Racially Motivated Assault

April 22, 2005

Attorney General Steve Rowe today announced that his office has filed a lawsuit under the Maine Civil Rights Act against Jonathan Fuller, 35, of Hallowell. The AG's suit alleges that the defendant verbally berated Eddie Daniels, 46, of Augusta, while Daniels was playing pool at an Augusta night club on March 19, 2004. The suit alleges that Fuller repeatedly directed racially derogatory comments at Daniels, who is African-American, and his companions. The suit also alleges that Fuller punched Daniels in the eye when Daniels attempted to leave the club, then threw a rock at the windshield of Daniels' car.

The suit seeks to permanently enjoin the defendant from any further threats or acts of violence, property damage, or trespass against the victim or others motivated by bias. Attorney General Rowe said, "Maine must be a place where every person can live without fear of racially-motivated attack." Rowe added "The incidents that Mr. Daniels complained of took place over a year ago, and that makes this case unusual. This case was not originally identified as racially motivated. I commend Mr. Daniels for bringing the facts of this case to our attention and for his determination and effort to make sure that no other Maine resident ever has to go through a similar ordeal."

Attorney General Rowe also commended the Augusta Police Department for its investigation of the incident and for its additional effort after the civil rights implications of this case became clearer. The department referred the case to Rowe's office for this action under the Maine Civil Rights Act.

THOMAS HARNETT, ASSISTANT ATTORNEY GENERAL, 207-626-8897

Statement On The Maine Law Court's Decision In Priest Abuse Records

April 22, 2005

Attorney General Steven Rowe is reviewing the Law Court's opinion in Blethen Maine Newspapers, Inc. v. State of Maine, issued today. The case is about public access to investigative records related to allegations of sexual abuse by eighteen deceased Roman Catholic priests. The Court's opinion is available online at http://www.courts.state.me.us/opinions/2005%20documents/05me56ble.htm.

Following an initial review of the decision, Attorney General Rowe said, "We are pleased that the Court seems to have recognized that the names of the alleged victims in these records must remain confidential. Protecting their privacy was the reason for our appeal of the Superior Court's earlier decision. The Law Court's decision addresses what was an open question in Maine law regarding these records.""

CHARLES DOW, 207-626-8577

AG Sues Livermore Contractors Over Incomplete, Shoddy Work

May 20, 2005

Maine Attorney General Steven Rowe announced today that his office has filed court papers under Maine's Unfair Trade Practices Act against home contractors Mark Smith and David Blais of Livermore who do business as CBS Enterprises. The State is seeking an injunction that will prohibit Smith and Blais from doing any further home contracting in the State of Maine.

"We have received a dozen complaints against CBS Enterprises from all around Maine," said Attorney General Rowe. "Consumer after consumer has charged Smith and Blais with either failing to complete the job or doing extremely poor work," said the Attorney General.

Many of the complaining customers had responded to a CBS Enterprises advertisement that offered $14,000 garages. The advertisement also promised: "This is the best built garage going." The consumers claimed that, in reality, CBS Enterprises did not finish the garages and they were not well built.

Rowe warns consumers that "Home contractors are not regulated in Maine, so buyer beware. Ask for and check references before hiring a contractor." If you have a complaint against Mark Smith or David Blais, d/b/a CBS Enterprises, you can contact the Attorney General's Office by e-mail at consumer.mediation@maine.gov or call 1-800-436-2131 between 9:00 a.m. and noon, Monday through Friday.

JAMES MCKENNA, ASSISTANT ATTORNEY GENERAL, 207-626-8842

Maine AG Convenes Methamphetamine Summit In Boston

May 26, 2005

As Eastern Regional Chair of the National Association of Attorneys General (NAAG), Maine Attorney General Steve Rowe organized a methamphetamine (meth) summit in Boston today. In attendance were state attorneys general, leaders of state drug enforcement agencies, and/or heads of state substance abuse treatment and prevention departments from Massachusetts, New Hampshire, Connecticut, Rhode Island, Delaware, Vermont, and Pennsylvania. Rowe convened the summit to facilitate information sharing designed to help the states work together on strategies to prevent the spread of meth manufacturing and abuse that has devastated other parts of the county.

Meth is a highly addictive stimulant that causes paranoid, violent behavior. Addicts sometimes manufacture methamphetamine in home labs using cold medicine and toxic, explosive chemicals, creating a potentially deadly environment for neighbors and children, and costly clean-up for property owners. Each home lab is a toxic waste site, creating a dangerous situation for police and other first responders.

Other states have implemented a variety of policy measures that have proven successful in reducing and preventing meth manufacturing and abuse. Some of these policies have been proposed in legislation pending in Maine and other northeastern states. These measures include purchase and sale restrictions on cold and sinus medicines containing the decongestant pseudoephedrine, which can be used to manufacture meth.

Rowe said, "Although we have discovered a number of methamphetamine labs in our states, we have not seen the epidemic growth in labs that has occurred in other parts of the nation. We have an opportunity to get ahead of this problem now, but that opportunity won't last for long. I think that Maine people will reap the benefits of regional cooperation on this issue. We know from our experience with other problem drugs that drug dealers and addicts don't pay much attention to state borders."

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

Buyers Of Hypertension, Enlarged Prostate Drug Hytrin Should Make Claims For Refunds

June 3, 2005

Consumers who purchased the brand-name prescription medication Hytrin are eligible for refunds from a $30.7-million settlement agreement, Attorney General Steven Rowe announced today. The refunds to consumers and health plans in 18 states will be paid by two companies which, the complaint alleged, conspired to engage in anticompetitive conduct that delayed the availability of a more affordable generic version of the medication.

Hytrin, which is used in the treatment of hypertension and enlarged prostate, is manufactured by Abbott Laboratories, and the generic version (called "terazosin") is produced by Geneva Pharmaceuticals. According to a federal lawsuit, Abbott wrongfully paid Geneva to delay introduction of its generic version of Hytrin and took other steps to delay competition from lower-priced generic versions of its product. This illegal activity harmed consumers. Under the settlement agreement, which is still subject to final court approval, Abbott and Geneva would provide $28.7 million for consumers and health plans in Maine and 17 other states. The most direct way for consumers to obtain claims forms is through the settlement website, <http://www.terazosinlitigation.com>. Claims forms must be mailed to the settlement administrator no later than July 15, 2005.

The settlement will benefit consumers who purchased terazosin products between October 15, 1995, and March 7, 2005, and amounts of refunds will depend on how many consumers file claims against the settlement fund. The settlement applies to consumers and health plans in Alabama, California, Florida, Illinois, Kansas, Maine, Michigan, Minnesota, Mississippi, Nevada, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, West Virginia and Wisconsin.

Between 1999 and 2001, a number of consumers filed lawsuits against Abbott and Geneva. The cases were consolidated into a single lawsuit in federal court in the Southern District of Florida. After conducting their own investigations, the states of Florida, Kansas and Colorado filed their own lawsuit in the same court. The settlement establishes a separate $2 million fund to reimburse state agency claims and litigation costs incurred by Florida, Kansas and Colorado.

Consumers may obtain a claims form from the settlement website, <http://www.terazosinlitigation.com>; by calling the settlement administrator toll-free at 1-877-886-0283; or by writing to the settlement administrator at:
In re Terazosin Hydrochloride Antitrust Litigation, c/o Complete Claim Solutions, Inc. P.O. Box 24607 West Palm Beach, FL 33416

CHRISTINA MOYLAN, ASSISTANT ATTORNEY GENERAL, 207-626-8838

AG Warns Of New Twist On Canadian Lottery Scam

June 14, 2005

Attorney General Steven Rowe today warned Mainers that professional con artists are using the pretense of a Canadian lottery to bilk Mainers out of thousands of dollars, with a new twist: they send a cashiers check. "IGA Management Payment Systems," which claims to do business from Ottawa, is mailing letters to Maine residents announcing that they have won the "North American Prize Pool." Recipients of the letter are told that they have won over three hundred thousand dollars in cash. Recipients are told that before the winnings can be sent to them, they must pay a certain amount for "taxes and charges." An authentic looking four thousand dollar "cashier's check" that appears to be drawn on a Texas bank is enclosed with an explanation that it is being sent to help the recipient pay for the "taxes and charges." The recipient is encouraged to "keep this award from public notice" and to call a "lottery claim agent" at an Ottawa phone number to "finalize the payment process." If the recipient calls, he/she is asked to provide identifying information and to provide his/her bank account and routing information so that the alleged "lottery winnings" can be deposited. The recipient is then instructed to deposit the check in his/her bank account and to wire transfer the remaining several thousand dollars in "taxes and charges" to IGA. Of course, the four thousand dollar check is worthless, but that news often comes only after recipients have disclosed their bank account information and may have sent money to IGA.

Canadian law enforcement officials have received 45 complaints against IGA Management between April 15, 2005 and June 6, 2005. Of these 45 complaints received, 4 are victims with a total loss of $15,503. Canadian authorities also received 65 complaints about North American Prize Pool between May 3, 2000, and June 3, 2005. Of these 65, 13 are actual victims with a total dollar loss of $36,041.

The Attorney General also recently learned of an identical scam operating out of Vancouver, British Columbia using the name Coral Management Payment Systems using fake checks that appear to be drawn on a Texas bank as well.

"If you receive a mailing advising you that you have won a lottery prize but that you must pay a fee or disclose personal financial information such as bank account information before collecting the prize, don't be fooled," warned Attorney General Steven Rowe. "The letter and enclosed check may look real, but they are not. They are a sham, pure and simple. My advice is to throw them away."

If you or someone you know has fallen victim to this scheme, contact the Maine Office of the Attorney General at 1-800-436-2131 or by email at www.consumer.mediation@maine.gov. You can also contact Canadian authorities at 1-888-495-8501 or by email at info@phonebusters.com

LINDA CONTI, ASSISTANT ATTORNEY GENERAL, 207-626-8591

Kennebunk Nurse To Serve Jail Time For Taking Patient's Drugs

June 21, 2005

Attorney General Steven Rowe announced today that Susan Cole, 54, of Kennebunk, will serve five days in jail for stealing narcotics from Kennebunk Nursing Center, where she worked as a nurse from February through May, 2004. A York County Superior Court jury found Cole guilty in May of this year following a two day trial, and Superior Court Justice Arthur Brennan sentenced Cole to jail on Friday, June 17, 2005.

Evidence presented by the Attorney General's Office at trial showed that from February 7, 2004, to May 8, 2004, Cole took 72 Percocet pills from a resident's supply of medication under the guise of medicating the resident. Instead, she took the pills for her own use.

Brennan sentenced Cole to 9 months jail with all but 5 days suspended, and two years of probation. While on probation, Cole must submit to random searches and testing for drugs.

"When we place the care of our loved ones in the hands of nursing facility staff, we must expect the highest level of professionalism and ethics," Rowe said. "Drug abuse and diversion by healthcare professionals in the workplace inevitably impacts patient care. The State of Maine will not tolerate drug diversion in Maine's healthcare facilities."

The case was investigated by Detective Christine Baker and prosecuted by Assistant Attorney General Maria Pizzimbono of the Attorney General's Healthcare Crimes Unit.

Pizzimbono said, "We hope this case is a wake up call for this defendant and any other drug diverting nurse in any facility. We will not take it lightly when our elderly are victimized by their caregivers."

MARIA PIZZIMBONO, ASSISTANT ATTORNEY GENERAL, 207-626-8886

AG Rowe Statement On Retirement Of Buzz Caverly From Baxter State Park

June 21, 2005

Today at Baxter State Park Headquarters in Millinocket, long-time Baxter State Park Director Irvin "Buzz" Caverly announced his decision to retire. Caverly announced that he will retire on July 1 after more than 46 years of employment with the Park. Caverly has served as the Park's Director since 1981. Caverly made his announcement before a gathering of the Baxter State Park Authority and staff.

The members of the Baxter State Park Authority, the governing body of the Park, praised Director Caverly for his long, distinguished career. Authority members are Attorney General Steve Rowe, Commissioner Dan Martin of the Department of Inland Fisheries and Wildlife, and Director Alec Giffen of the Maine Forest Service.

Following Caverly's retirement announcement, Authority Chair Steve Rowe stated, "Words cannot adequately describe the positive impact that Buzz Caverly has had on Baxter State Park. Governor Baxter entrusted a magnificent resource to the people of Maine. No human being has done more to protect that magnificent resource than Buzz Caverly."

Rowe also stated, "The people of Maine owe a great debt of gratitude to Buzz Caverly. His tireless devotion to duty and commitment to protect and preserve Baxter State Park are legend."

Rowe said that the Authority has appointed the Director of the Park's Scientific Forestry Management Area, Jensen Bissell, to serve as Interim Park Director until a permanent Director is named. Caverly will work with Bissell to assure a smooth transition.

STEVE ROWE, ATTORNEY GENERAL, BAXTER STATE PARK AUTHORITY CHAIR, 207-626-8599

AG Sues Vinalhaven Man Over Racist Threats On Ferry

June 24, 2005

Attorney General Steven Rowe announced today that his office has filed court papers under the Maine Civil Rights Act against Steven Wadleigh, 40, of Vinalhaven. The State alleges that, on April 20, 2005, Wadleigh approached a 33-year-old African American man while boarding the ferry between Rockland and Vinalhaven, and directed racial epithets at him. Rockland police responded and warned Wadleigh to refrain from harassing the victim. Despite the warning, Wadleigh continued to direct racial epithets at the victim after the ferry got under way to Vinalhaven, and threatened the victim that Wadleigh or his friends would do harm to him. Wadleigh then became physically aggressive and put his fists up toward the victim, who pushed his fists away. Crewmen broke up the resulting altercation, and the ferry was turned back to Rockland, where Wadleigh was arrested. After being taken into custody Wadleigh continued to make threats against the victim and express statements indicating his racial bias. Wadleigh and the victim had not been acquainted with each other prior to Wadleigh's harassment of the victim.

"Everyone has the right to ride Maine's ferries in peace, without threat of harassment or violence," said Attorney General Rowe. "This victim was singled out because of his skin color. The State of Maine will not stand for it." The action is filed in Knox County Superior Court and seeks an injunction against Wadleigh, prohibiting him from any contact with the victim in the complaint and from engaging in any future violations of the Maine Civil Rights Act. The Rockland Police Department investigated the complaint, along with a detective from the Attorney General's Office.

LEANNE ROBBIN, ASSISTANT ATTORNEY GENERAL, 207-626-8581

AG Pleased With Federal Court Ruling In Clean Air Suit

June 24, 2005

Attorney General Steve Rowe today expressed satisfaction that a federal appeals court in Washington, D.C., blocked some of the polluter-friendly loopholes the United States Environmental Protection Agency's (EPA's) 2002 New Source Review rulemaking. The court also rejected claims by industrial polluters that even the watered-down rules adopted by EPA were too strict.

"Today's ruling says that the EPA cannot effectively repeal the Clean Air Act through rulemaking," Rowe said. "While EPA has discretion, its discretion only goes so far?and not nearly as far as it wanted to go with these rules." While much of the decision was positive, the court did uphold some of the loopholes challenged by the states. As to these issues, Rowe said, "States' lawsuits are no substitute for an administration in Washington that will fight to protect the environment rather than fighting to protect polluters."

In December 2002, Rowe joined other state attorneys general in filing a lawsuit against the EPA for endangering air quality by exempting thousands of industrial air pollution sources, including many coal-fired power plants, from the New Source Review (NSR) provision of the Clean Air Act. NSR requires that industrial plants add modern pollution controls on upgraded or modified smokestacks that increase air pollution.

Today's decision upheld the foundation of the NSR program, which maintains that power plants and other sources must install pollution controls when they modify plants in ways that increase "actual" emissions. In addition, it upheld the states' challenges to certain new exemptions that would have made it easier for polluters to avoid the emission reductions required by law.

The court also shot down EPA's effort to allow companies to avoid full pollution reduction requirements for ten years by allowing lesser pollution controls. It also firmly rejected EPA's plan to free polluters from keeping any records with respect to many upgrades – a lack of record-keeping that the attorneys general argued would have severely hindered enforcement.

The decision also acknowledges the right of states to adopt more protective air pollution programs or to keep their existing programs if they better protect the environment and public health than the new federal rules. The court rejected the states' arguments favoring a stiffer approach toward industries other than power plants. The states sought to bar such facilities from avoiding installation of state of the art pollution control technologies by basing new emission limits on the highest pollution output from the previous ten years.

The decision is available at: http://pacer.cadc.uscourts.gov/docs/common/opinions/200506/02-1387a.pdf

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

AG Announces Major New Advertising Rules For Autos

July 1, 2005

Just in time for the big Columbus Day Factory Clearance Mega Blowout sales at auto dealerships around Maine, new auto advertising rules will start to protect consumers from deceptive practices. Attorney General Steve Rowe announced today that regulations his office adopted this week will govern advertising layouts, vehicle pricing, the availability of advertised vehicles, and rebate offers. The rules will take effect on October 1, allowing dealers and ad agencies time to prepare for the change.

"Consumers are entitled to know what car dealers are offering and for how much," said Attorney General Rowe. The new rules, for example, will require that extra charges such as document fees will have to be included in the advertised price. "Some people believe that playing ‘hide-the-ball' is an essential part of the car sales experience," said Rowe. "I reject that. I believe that Maine consumers will be best served by competition based on fair, clear car ads."

The Attorney General also stated that these rules will make certain that all dealers are reading from the same rule book when they sit down to design their advertisements. "It is not unusual for my Consumer Protection Division to receive calls from dealers complaining about a competitor's ads," said Attorney General Rowe. "They complain the competitor is offering cars at prices so low they could not possibly be true. These rules should end that." The new rules are attached below.


26-239 OFFICE OF THE ATTORNEY GENERAL Chapter 104 MOTOR VEHICLE ADVERTISING

SUMMARY: This chapter describes advertising practices by new and used motor vehicle dealers that are unfair and deceptive in violation of the Maine Unfair Trade Practices Act, 5 MRSA sec. 207.

  1. Definitions
  2. General Provisions
  3. Advertising Layout
  4. Availability of Vehicles
  5. Price Disclosures
  6. Comparative MSRP Advertising
  7. Minimum Trade-In Allowances
  8. Rebate Offers
  9. Free Offer
  10. Buy-Down Interest Rates
  11. Factory, Executive and Fully-Equipped Vehicles
  12. Misleading Claims of Potential Savings
  13. Credit Sales
  14. Lease Advertising Disclosures

SECTION 1. DEFINITIONS

"Advertisement," "advertising," or "ad," unless otherwise noted, means any oral, written, electronic or graphic statement made by, for, or in the name of a car dealer that is in any manner connected with the solicitation of business. The term includes statements made in newspapers or other publications or on radio or television, or contained in any sign, motor vehicle window sticker, circular, brochure, letter, or other writing.

"Disclosure" means a clear and conspicuous statement made in such size, color, contrast, location, duration, and audibility that it is readily noticeable, readable and understandable. The disclosure may not contradict or be inconsistent with any other information with which it is presented. If the disclosure modifies, explains, or clarifies other information with which it is presented, or states "see dealership for details," then it must be presented in proximity to the information it modifies, in a manner readily noticeable, readable, and understandable, and it must not be obscured in any manner. An audio disclosure must be delivered in a volume and cadence sufficient for a consumer to hear and comprehend it. A visual disclosure for television must appear on the screen for a duration sufficient for a consumer to read and comprehend it. In a print or internet advertisement or promotional material, including without limitation point of sale display or brochure materials directed to consumers, a disclosure must be in a type size and location sufficiently noticeable for a consumer to read and comprehend it, in a print that contrasts with the background against which it appears. Commonly known abbreviations may be used in disclosures; however, those not generally known cannot be.

"Dealer" means a natural person, firm, corporation, partnership, and any other legal entity licensed by the State to sell new or used motor vehicles, as defined in 29-A M.R.S.A. § 101, and the officers, employees and agents thereof, except auctioneers licensed by the State.

"Extra charge" means any consumer charge listed or requested by the dealer for the purchase of a new or used motor vehicle which is not included in the manufacturer's suggested retail price for that vehicle. Some examples are the following charges that are typically not listed on a "Monroney sticker" (the manufacturer's suggested retail price sticker): handling charges, floor planning costs, dealer installed options, charges for preparing documents or other dealer preparation services.

"Monroney sticker" or "MSRP sticker" means the window sticker required by the federal Automobile Information Disclosure Act, 15 U.S.C. §1231 et seq.

"Motor vehicle" means vehicles as defined at 29-A M.R.S.A. § 101 (42).

SECTION 2. GENERAL PROVISIONS

A. General prohibition against unfair and deceptive advertising. These advertising rules are issued pursuant to the Maine Unfair Trade Practices Act (5 M.R.S.A. § 207). All motor vehicle advertising by dealers, whether printed or broadcast, shall be in plain language, with disclosures of material facts that are clear and conspicuous and non-deceptive. By way of example and not of limitation, the following are in violation of this rule:

  1. direct statements or reasonable inferences that have the tendency to mislead consumers;

  2. advertising whose overall impression has the tendency to mislead consumers;

  3. disclaimers that contradict, confuse or unreasonably limit or significantly alter a principal message of an advertisement;

  4. the failure to make clear and conspicuous disclosures of limitations, disclaimers, qualifications, conditions, exclusions or restrictions;

  5. statements susceptible to both a misleading and a truthful interpretation; and

  6. deceptive statements, even though the true facts are subsequently made known to the consumer.

B. Enforcement not limited. The fact that a particular advertising practice is not expressly referred to in these rules does not limit the Attorney General's authority to take legal action with respect to that practice under the Maine Unfair Trade Practices Act (5 M.R.S.A. § 207).

C. Complaints not necessary. An advertisement may be deceptive even though no consumer has complained about it.

D. Selling in accordance with advertised terms. A dealer shall not refuse to sell a motor vehicle in accordance with any terms or conditions which the dealer has advertised; except that it will not be considered a violation of this subsection where either:

  1. the dealer can document that the advertised term was the result of an error on the part of the advertising medium or an outside advertising agent, or

  2. the error was made in good faith by the dealer and was clearly and conspicuously a mistake (e.g., a vehicle advertised at "$1,000" rather than "$10,000"), and

  3. the dealer corrected the error as soon as it knew or reasonably should have known of it.

E. Responsibility for advertising. The dealer is responsible for knowing the law as it applies to advertising and is ultimately responsible for its advertising product. This does not preclude a finding that parties other than the dealer are also liable for a deceptive ad.

F. Disclosure of material facts. Any disclosures about material facts which are contained in advertisements and which involve types of motor vehicles and transactions must be made in a clear and conspicuous manner to minimize the possibility of misunderstanding by the audience.

Sale price available to all. Advertised vehicles shall be offered at or below the advertised price regardless of whether the customer has actually seen the advertised price prior to the sale, unless the ad clearly and conspicuously discloses that a customer must bring the ad to the dealer in order to receive the sale price, and the sale price is not given to anyone who does not do so.

SECTION 3. ADVERTISING LAYOUT

The following advertising techniques are in violation of these rules:

A. Footnotes and asterisks. Using footnotes or asterisks which, alone or in combination, contradict, confuse, significantly alter or unreasonably limit the principal message of the ad.

B. Print size. Using any type size so small that it is not easily readable if it alters a principal message of the ad.

C. Color Contrasts. Using color contrasts which render the text difficult to read if it alters a principal message of the ad.

D. Photos and illustrations. Using inaccurate photographs or illustrations when describing specific motor vehicles, except when used as a general illustration of the kind of vehicle advertised (e.g., a truck, sedan, family van, etc.).

E. Abbreviations and technical jargon. Using any unexplained abbreviations or technical jargon which is unfamiliar to the general public, with respect to any aspect of the advertisement on which consumers could reasonably be expected to rely, if it would significantly alter the ad.

F. Disclosures. Using statements of material facts that do not meet the definition of a clear and conspicuous disclosure.

SECTION 4. AVAILABILITY OF VEHICLES

Identification of sale vehicles. Where a specific motor vehicle is advertised by a dealer as being for sale at a specific price, the invoice or VIN of that vehicle or the vehicle itself must be in the possession of the dealer and must be shown and sold as advertised, illustrated or described at the advertised price and terms, at the advertised address.

Sufficient supply. If the dealer does not limit the number of advertised motor vehicles available, then the dealer must have in stock a sufficient supply to meet reasonably expected public demand of all vehicles advertised, with the equipment advertised and at the price advertised.

Limited supply. In the event that a dealer has a limited supply of motor vehicles advertised, the advertisement must disclose this fact by stating that the quantity is limited to only a specified number of vehicles available at the specified price or by stating the stock numbers of the available vehicles.

Not immediately available. If in order to make delivery of the advertised motor vehicle, the dealer has to obtain the vehicle from the manufacturer or some other source, this fact must be disclosed in the ad.

General offers. This section does not prohibit general advertising of motor vehicles by a manufacturer or distributor and the inclusion therein of the names and addresses of the dealers selling such vehicles in the particular area.

SECTION 5. PRICE DISCLOSURES

Vehicle identification. When the price of a motor vehicle is advertised in a local medium, the vehicle must be fully identified as to year, make, model, and, if the current or immediately preceding model year, whether the vehicle is new or used.

Advertised price. When advertising the motor vehicle's price the stated price must include all extra charges, as defined at Section 1(D), which the customer is asked to pay.

Non-required disclosures. The advertised price need not include state and local taxes, or title fees. Options installed at customer request need not be included in the advertised price.

$0.00 Down payment. An ad that offers $0.00 down payment cannot require immediate payment of extra charges, as defined at Section 1(D).

Discount advertising. When an automotive advertisement contains an offer of a price discount on a new motor vehicle, the amount of such discount must be stated by reference to the manufacturer's suggested retail price (Monroney Sticker or MSRP) of the vehicle or the dealer's regular asking price, including any additional dealer markup and extra charges. If the dealer advertises a discount of a manufacturer or dealer option package, such discount must be from the suggested retail prices of the options in the package.

List or sticker price. When the words "list" or "sticker" or words of similar import are used in an advertisement for a new motor vehicle, they must only refer to the manufacturer's suggested retail price (Monroney Sticker or MSRP).

SECTION 6. COMPARATIVE MSRP ADVERTISING

Advertising a comparison of the dealer's price with a manufacturer's suggested retail price (MSRP) is prohibited, unless:

A. the advertised MSRP is in fact the "bottom line" manufacturer's suggested retail price listed on the Monroney sticker (including all accessories and options physically attached to the motor vehicle at the time of delivery to the dealer, and any charge to the dealer for transportation to the dealer), after all manufacturer discounts and manufacturer savings listed on the Monroney sticker have been deducted;

B. the advertised MSRP does not include any extra charges added by the dealer;

C. the advertised MSRP is referred to as the "manufacturer's suggested retail price" or "MSRP";

SECTION 7. MINIMUM TRADE-IN ALLOWANCES

Since the amount of trade-in allowance will vary depending on the condition, model, and age of a buyer's motor vehicle, no specific trade-in amount or range of amounts can be used in advertising.

SECTION 8. REBATES

Rebate offers. The terms "rebate", "cash rebate", or similar terms can be used only when payment of money will be made by the dealer or manufacturer to a purchaser after the sale or the amount will be credited to the purchaser at the time of sale.

Rebate availability. If an advertisement states that a motor vehicle is offered at a specified price which "includes all rebates," the rebates must only include those for which a substantial majority of customers will qualify – all others must be separately stated.

Inflated price. If the advertised price of the motor vehicle has been increased to offset the rebate in part or in whole, this information must be clearly and conspicuously disclosed in the ad.

SECTION 9. FREE OFFER

The word "free" may be used in advertising only when the advertiser is offering an unconditional gift that is unrelated to any purchase. Receipt of the "free" merchandise or service cannot be conditional on a purchase of a motor vehicle whose price is negotiable.

SECTION 10. BUY-DOWN INTEREST RATES

No buy-down interest rate can be advertised if any of the costs of securing the buy-down are passed on to the customer in any way, unless the dealer discloses clearly and conspicuously that contribution by the dealership may increase the negotiated price of the vehicle to the customer. (A buy-down interest rate is one in which the dealership pre-pays some of the interest expense in order to allow the customer to finance at a lower APR than the finance institution's current rate.)

SECTION 11. FACTORY, EXECUTIVE, AND FULLY-EQUIPPED VEHICLES

"Factory" and "Executive" vehicles. A motor vehicle cannot be advertised:

  1. as a "factory" vehicle if it is previously registered or titled.

  2. as an "executive" vehicle unless it has been used exclusively by factory, manufacturer, or distributor personnel.

B. "Fully equipped," Loaded" etc. A motor vehicle cannot be advertised in any print media as "fully equipped" or "loaded," or similar terms unless the following minimum equipment is available in that make or model: air conditioning, power steering, power brakes, AM/FM radio with tape or CD player, power windows, and cruise control.

SECTION 12. MISLEADING CLAIMS OF POTENTIAL SAVINGS

The following claims of potential savings are in violation of these rules:

A. "Factory outlet". Using terms such as "factory outlet," "factory authorized sale," or similar terms (which imply that the dealer has a special connection or relationship with the manufacturer that is greater or more direct than that of other dealers), when in fact no such special connection or relationship exists, or when any such special connection or relationship has no discernible effect on vehicle prices.

B. "Liquidation sale". Advertising a "liquidation sale," "public notice," "public sale," "bankruptcy sale" or similar terms, where the sale is not required by court order, by operation of law, in conjunction with an action in bankruptcy, or by the scheduled cessation of the dealer's business.

C. "Dealer cost," "dealer invoice," etc. Using terms which represent that a vehicle is available for sale at a price below cost, at cost, or slightly above cost, such as "dealer cost," "dealer invoice," "inventory price," "factory invoice," "wholesale," "factory billing," or similar terms, unless the advertisement clearly discloses any factors that may reflect the ultimate cost to the dealer, such as manufacturer incentives, awards, dealer holdbacks, decreased trade-in allowances or increased finance charges.

D. Unsubstantiated pricing. Advertising "lower prices than anyone else," or similar terms, if such claims cannot be substantiated by the dealer.

E. "As low as," "from," "rebates up to," and stock number ads. Using the terms "as low as [a certain price or finance charge]," "from [a certain price]," "rebates up to [a certain dollar amount]," or similar terms, or stating a stock number, unless the advertised vehicles are available for sale as required by Section 4 of these Rules.

F. "Money-back guarantees" or "free trials". Advertising "satisfaction guaranteed," "money-back guarantee," "risk free trial," or similar terms unless the dealer will readily refund the full purchase price of the vehicle upon complaint by the buyer, and any conditions or limitations are disclosed.

G. List price comparisons. Advertising a price that is compared to a "list" price or other similar term unless the list price is the Manufacturer's Suggested Retail Price (MSRP).

SECTION 13. CREDIT SALES

A. Financing rates. If an advertised financing rate will increase the advertised price of a motor vehicle, then that fact must be disclosed. Where financing is described in terms that do not trigger disclosures under the federal Truth-in-Lending Act (for example, "below market financing"), the ad must nevertheless disclose all conditions and limitations on the advertised financing other than creditworthiness. For instance, a dealer shall not fail to disclose a required down payment.

B. "No money down." If an advertisement states "no money down" or similar terms, then the dealer must deliver the advertised vehicle, so described, to the purchaser without any initial payment or other initial obligation other than the negotiation of a lien contract for the advertised purchase price.

C. "Everybody financed." If an advertisement states "everybody financed," "no credit rejected," "we finance anyone," or similar terms implying that no prospective credit purchaser will be rejected because of his or her inability to qualify for credit, then the dealer must provide credit to a purchaser who requests it. If as a result of extending credit in these circumstances the dealer will increase the price of the vehicle, the advertisement must disclose this fact.

D. Truth-in-Lending. When credit terms are advertised, they must comply with State and Federal Truth-in-Lending requirements.

SECTION 14. LEASE ADVERTISING DISCLOSURES

Lease advertisements. Whenever any advertisement relates to a lease, the advertisement must clearly and conspicuously disclose that the transaction advertised is a lease.

B. Truth in lending. When lease terms are advertised, they must comply with the disclosure requirements of State and Federal Truth-in-Leasing requirements.

JAMES MCKENNA, ASSISTANT ATTORNEY GENERAL, 207-626-8842

Rowe Issues Notice Of Intent To Sue Chase Bank, Chase Manhattan Mortgage, And Trilegiant

July 12, 2005

Attorney General Steven Rowe today announced that he has issued a notice of intent to sue Trilegiant Corporation, Chase Bank USA, N.A., and Chase Manhattan Mortgage Corporation for violating the Maine Unfair Trade Practices Act in connection with their marketing of membership clubs to Maine residents. Maine law requires that the notices be sent at least ten days prior to filing suit seeking an injunction in court.

The Attorney General alleges that the Chase companies and Trilegiant misled Maine consumers into signing up for memberships in so-called "discount buying clubs" without the consumers' knowledge or consent. Chase Bank checks were mailed to customers along with notices indicating that the checks were rewards to valued customers. But cashing the checks enrolled the customers in discount buying clubs, and their credit card accounts were charged for recurring annual club dues ranging from $44.99 to $99.99. Rowe alleges that the disclosures accompanying the checks were insufficient to inform consumers that they were agreeing to have their accounts charged. "We have heard from more than 100 Maine residents who did not consent to charges on their Chase credit cards or mortgage balances for membership in these clubs. After learning they had been charged membership dues, many residents had difficulty canceling and obtaining refunds," said Rowe.

Rowe asked Mainers to carefully check their credit card and mortgage statements and to question any unfamiliar charges. The clubs have various names including Travel Advantage, Shoppers Advantage, Complete Home and Auto Vantage Gold. They purport to offer consumers discounts and savings on products and services. "We must all be vigilant about checking our statements. Consumer law enforcement is driven by consumer complaints, and consumers can't complain unless they notice they've been taken," said Rowe.

The California Attorney General also today filed suit against the companies for similar conduct in that state. Trilegiant is a Delaware Corporation operating in Connecticut. Chase Bank USA, N. A. is a national bank located in Newark, Delaware; and Chase Manhattan Mortgage Corporation is a New Jersey Corporation.

In 2001, Rowe joined the Federal Trade Commission and many other states in a settlement of suits against another discount buying club called Triad. More information on that settlement may be obtained at http://www.maine.gov/ag/pressreleasepopup.php?pressid=62


LINDA CONTI, ASSISTANT ATTORNEY GENERAL, 207-626-8591

Waterboro Nurse Convicted Of Felony Drug Stealing From The York County Jail

July 15, 2005

Attorney General Steven Rowe announced that a York County jury yesterday convicted registered nurse Jill Cote, 32, of Waterboro, of acquiring drugs by deception (class C). On July 28, 2003, while Jill Cote was working as a registered nurse at the York County Jail in Alfred, Cote diverted 60 Demerol pills by placing an order to the pharmacy for an inmate who was allergic to the medication. She was the last person in possession of the medications, which were never administered to the inmate or any other inmate at the jail. Cote's crime was uncovered when the pharmacist requested a signed prescription order from the nurse practitioner who served the jail. The nurse practitioner indicated that she had not prescribed the medication and would not authorize it. Cote did not have permission or authority at any time to order the prescription or prescribe a narcotic.

Assistant Attorney General Maria Pizzimbono, who prosecuted the case, said, "This case should serve as a wake-up call for drug-diverting health professionals. The pharmacy system cannot be fooled for long, and the Maine legal system will come down hard on those who try to fool it. A felony conviction is a major blow to any health professional's career." Cote's sentencing is scheduled for August 5, 2005, in York County Superior Court.

The case was investigated by the York County Sheriff's Department and Attorney General's Office Detective Gerard "Red" Therrien.


MARIA PIZZIMBONO, ASSISTANT ATTORNEY GENERAL, 207-626-8886

Heart Patients Who Bought Cardizem Cd To Receive Checks In Antitrust Settlement

July 22, 2005

Attorney General Steve Rowe announced today that a settlement agent is cutting checks totaling more than $82,000 to 264 Maine heart patients who purchased the drug Cardizem CD at a price that was inflated by corporate practices that violated the antitrust laws.

The distribution is the result of a 2003 settlement in a case brought by Maine and many other states against two pharmaceutical companies, Aventis and Andrx. The case charged that beginning in July 1998, Hoechst, a pharmaceutical company acquired by Aventis in 2000, paid Andrx not to market a generic version of Cardizem CD. The delay in the availability of the generic form of Cardizem CD required consumers, health insurance companies, and the government to purchase the higher priced, brand-name version of the drug for at least an extra year.

Nationwide, the distribution will compensate more than 76,000 individual consumers who bought Cardizem between 1998 and 2004. The states' plan to distribute money to consumers was approved by United States District Court Judge Nancy Edmunds on May 31, 2005, after the United States Supreme Court refused on May 23, 2005, to review judicial approval of the settlement.

A distribution to third party purchasers of the drug will begin later this year. In addition, approximately $4.5 million will be distributed among the states to reimburse certain government purchasers, including state Medicaid programs, for their damages.

Further details are available on the settlement administration's website, http://www.cardizemsettlement.com.


CHRISTINA MOYLAN, ASSISTANT ATTORNEY GENERAL, 207-626-8838

State Appeals Tobacco Delivery Decision

July 22, 2005

Attorney General Steve Rowe announced today that he has appealed a May 27 federal court decision that invalidated a significant portion of the state law aimed at preventing youth access to tobacco from Internet and mail-order sales. The 2003 law requires tobacco retailers to be licensed by the State in order to have tobacco delivered to Mainers. It also prohibits delivery services like UPS from shipping tobacco products from unlicensed sellers to Mainers and requires them to check the identification and age of Mainers to whom tobacco is delivered.

The decision being appealed is available at http://www.med.uscourts.gov/Opinions/Hornby/2005/DBH052720052-03cv178NHMotorTransportv_Rowe.pdf

In the decision, U.S. District Court Judge D. Brock Hornby determined that, "If there is to be regulation in this area, it will have to come from the federal government."

Attorney General Rowe said today, "We believe that the states have well-established powers to adopt laws that keep youth from smoking. While we would welcome a federal law that accomplished the same goals as the Maine law, we do not believe that the people of Maine should have to wait for Congress to muster the courage to enact similar legislation."

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

Rowe Supports Suit Against RJ Reynolds Tobacco To End False Health Claims About "Eclipse" Cigarettes

July 26, 2005

Attorney General Steven Rowe announced that Maine is supporting a Vermont lawsuit filed today against R.J. Reynolds Tobacco Company ("RJRT"). The suit alleges that RJRT's claims that its "Eclipse" cigarettes cause less cancer and disease than other cigarettes are false and misleading. The scientific evidence simply does not support RJRT's claim that "Eclipse" cigarettes cause less cancer or other disease in humans. In fact, RJRT's own data establishes that "Eclipse" cigarettes actually increase the amount of carbon monoxide delivered to an "Eclipse" smoker.

Attorney General Rowe condemns RJRT's false statement that "Eclipse" is the next best choice to quitting. Rowe said, "This misleading claim gives smokers a false impression that "Eclipse" is a safe alternative to quitting." Attorney General Rowe joins Vermont Attorney General William Sorrell in reminding those who smoke that there is no second-best choice to quitting.

The Maine Office of Attorney General, through Assistant Attorneys General Peter LaFond and Linda Conti, has been participating in a year-long multi-state investigation of the RJRT claims. In addition to joining with a number of other states in supporting the lawsuit filed against RJRT in Vermont, Maine will, with a group of core states, directly assist Vermont in litigating against RJRT.

RJRT was a signatory to the 1998 Master Settlement Agreement among 46 states and the major tobacco manufacturers. That agreement expressly prohibits participating manufacturers from making any material misrepresentations of fact regarding the health consequences of using any tobacco product. The Vermont suit alleges that RJRT has violated that prohibition as well as state unfair trade practice laws. The suit seeks an injunction against further false and misleading advertising by RJRT concerning "Eclipse" as well as monetary fines against the company.

PETER LaFOND, ASSISTANT ATTORNEY GENERAL, 207-626-8511

State To Appeal Dismissal Of Criminal Tax Evasion Charges

July 29, 2005

Attorney General Steve Rowe announced today that the State will appeal Superior Court Justice Roland Cole's decision to dismiss criminal tax evasion charges against Michael Falcone and James Jannetti. Justice Cole's decision was based on his finding that the term "domicile" was not adequately defined in the Maine Tax Code or case law for tax enforcement purposes for years 1997-2002.

Rowe explained, "The Maine Law Court should have the opportunity to review and decide this important issue of statutory interpretation."

JESSICA MAURER, SPECIAL ASSISTANT ATTORNEY GENERAL, 207-626-8515

AGs, 7-Eleven Settle Over Youth Tobacco Sales

August 11, 2005

Attorney General Steve Rowe and the Attorneys General of 39 other states and the District of Columbia today announced an agreement under which 7-Eleven will implement new policies and procedures to reduce tobacco sales to minors in 7-Eleven stores throughout the nation, including all 11 stores licensed by 7-Eleven and 2 company-owned stores in Maine.

The 7-Eleven "Assurance of Voluntary Compliance" is the most recent agreement produced by an ongoing, multi-state enforcement effort. Rowe and other attorneys general previously reached agreements that apply to all Walgreens stores, Rite Aid pharmacies, Wal Mart stores and to all gas stations and convenience stores operating under the Exxon, Mobil, BP, Amoco, and ARCO brand names in their states.

The enforcement effort focuses on retailers that have high rates of tobacco sales to minors. The goal is to secure their agreement to adopt policies and practices to prevent youth access to cigarettes and other tobacco products. Enforcement inspections have found that while 7-Eleven stores in Maine have a better non-compliance rate than in other states, there is room for improvement. One reason 7-Eleven's Maine locations may perform better is the company's adoption of the State's "No BUTS: Blocking Underage Tobacco Sales" responsible tobacco retailing program. No BUTS requires stores to adopt many of the provisions included in the Assurance and provides compliance credit when stores demonstrate implementation and a record of not selling to minors.

The agreement requires 7-Eleven to:

  • Train employees on state and local laws and company policies regarding tobacco sales to minors, including explaining the health-related reasons for laws that restrict youth access to tobacco;
  • Check the ID of any person purchasing tobacco products when the person appears to be under age 27, and only accept currently valid government-issued photo identification as proof of age;
  • Use cash registers programmed to prompt ID checks on all tobacco sales;
  • Hire an independent entity to conduct random compliance checks of 450 7-Eleven stores every six months;
  • Prohibit self-service displays of tobacco products, the use of vending machines to sell tobacco products, and the distribution of free samples on store property;
  • Prohibit the sale of smoking paraphernalia to minors;
  • Refrain from selling candy and other products that are tobacco look-a-likes; and
  • Limit interior advertising directed at youth and adhere to exterior advertising limitations included in the AG's Master Settlement Agreement with the tobacco companies.

The attorneys general will monitor 7-Eleven's compliance with the agreement and have reserved the right to enforce future violations of the agreement as well as the laws governing sale of tobacco to minors.

The attorneys general have long recognized that youth access to tobacco products ranks among the most serious public health problems. Studies show that more than 80 percent of adult smokers began smoking before the age of 18. Research indicates that every day in the United States, more than 2,000 people under the age of 18 begin smoking and that one-third of those persons will one day die from a tobacco-related disease. Young people are particularly susceptible to the hazards of tobacco, often showing signs of addiction after smoking only a few cigarettes.

JOHN ARCHARD, TOBACCO ENFORCEMENT COORDINATOR, 207-626-8837

State House Press Conference Highlights Free Program To Protect Children On The Internet

August 30, 2005

Augusta, ME. At a press conference today, Attorney General Rowe, Education Commissioner Sue Gendron and Public Safety Commissioner Michael Cantara announced that the NetSmartz Internet Child Safety Program is now available to all Maine educators, students and parents for free.

These state agencies have partnered with the National Center for Missing & Exploited Children (NCMEC) to bring NetSmartz? to Maine to help protect children from online victimization. The goal of the NetSmartz Workshop is to extend the safety awareness of children to prevent victimization and increase self-confidence whenever they go online.

While the Internet provides children with an opportunity to learn about the world, it has also become a place where sexual predators prey on children. Approximately 1 in 5 kids online is sexually solicited but that less than 10 percent of sexual solicitations are reported to authorities. Reports to the Maine Computer Crimes Task Force of Internet child exploitation have increased 173% over the last two years.

Lt. Col. John Dyer, Deputy Chief, Maine State Police, said, "Any program that affords us the opportunity to reduce child exploitation and victimization is welcomed. The Department of Public Safety and our law enforcement partners throughout the State are pleased to be working in partnership to support the NetSmartz program."

"We teach our children not to speak to strangers, but until now, we have not had the right tools to teach our children personal safety on the Internet." said Attorney General Steve Rowe. "The unwanted sexual solicitations our children receive online have a lasting impact. Our children are frightened and distressed about these interactions. The best way to keep our children safe is to teach them how to protect themselves online."

The NetSmartz Workshop is an interactive Internet Safety resource that provides age-appropriate materials for grades K-12. The Workshop uses animation to teach younger kids rules for online safety and also offers real-life stories for teens. Parents, educators, and law enforcement officers can visit specialized areas on NetSmartz.org for Internet safety pledges, statistics, and ideas on how to use NetSmartz materials to open lines of communication about potential dangers on the Internet. NetSmartz is a program of the NCMEC and Boys & Girls Clubs of America and is available for free on www.NetSmartz.org.

"We believe the Internet is a valuable resource for today's youth," says Rick Minicucci, President of NetSmartz. "We also understand the need to educate children to make responsible decisions online. Therefore, NetSmartz uses the latest technology to educate, entertain, and empower even the most tech-savvy kids."

Five middle schools in Maine piloted the NetSmartz Internet Safety Program last year. Diane MacGregor, Maranacook Technology Integration Specialist, and Jan Kolenda, Maranacook District Technology Coordinator, agree that the Netsmartz website offers some of the best information and materials to support online safety for educators, parents, and most importantly students.

Diane MacGregor said, "The students at Maranacook Community Middle School found the vignettes to be realistic and informative. As an educator and a parent, I feel this website offers the support adults need to become better educated on internet safety."

Education Commissioner Sue Gendron announced that all Superintendents of Schools, School Principals, and Technology Coordinators learned yesterday that NetSmartz will be available for use in their schools free of charge. Gendron said, "We're excited to offer educators and parents an effective tool to use in the classroom and at home to help children be safer online. NetSmartz offers something for children of all ages and the program can be easily incorporated into any part of the curriculum."

Clicky, NetSmartz spokesrobot, was on hand to teach some elementary aged children how to "Use their NetSmartz". UYN is the NetSmartz chat abbreviation. It stands for "Use Your NetSmartz" and is an EASY way to remember all the rules of Internet safety.

I will tell an adult I trust if anything makes me feel scared, uncomfortable, or confused.

I will ask my parents or guardian before sharing my personal information.

I won't meet in person with anyone I have first "met" online.

Kids can visit www.NetSmartzKids.org with their parents and play games, complete activities, and listen to music. This is a kid friendly site and doesn't link to any outside sources.

JESSICA MAURER, OFFICE OF THE ATTORNEY GENERAL, 207-626-8515 LT. COL. JOHN DYER, DEPARTMENT OF PUBLIC SAFETY, 207-624-7200 BETTE MANCHESTER, DEPARTMENT OF EDUCATION 207-624-6746 COMMUNICATIONS DEPARTMENT, NCMEC, 703-837-6111

Attorney General Rowe Describes Action, Provides Advice On High Gas Prices

September 1, 2005

Attorney General Steve Rowe today provided information about his office's actions in response to high gas prices and offered advice on how all Mainers can help to contain further increases. Rowe has spoken with the Governor, met with representatives of the Governor's Office, and is speaking with legislative leaders, other state attorneys general, and federal authorities to ensure that consumer protection and antitrust laws are being scrupulously observed, and enforcement options fully explored as market participants respond to supply challenges.

Rowe said, "Under existing law, the Attorney General's Office monitors the level of competition in every geographic market for gasoline in the State. In response to the dramatic price hikes of the past couple of days, we began to actively monitor wholesale and retail gasoline prices throughout the State. These steps are intended to provide the baseline data for determining whether State consumer protection or antitrust laws are being violated. If we uncover violations, we will take immediate action against the violators. At the same time, I would remind consumers that it is not illegal for the retailers to pass along their high wholesale costs.

"We have contacted the key federal enforcement agencies, the Federal Trade Commission and the Department of Justice, and encouraged them to pursue inquiries into possible antitrust violations by the major oil companies. We are also working with the Attorneys General in other states, sharing information and coordinating efforts.

"Under normal circumstances, the petroleum market is a competitive one, and prices are determined by the forces of supply and demand. While current supply challenges are beyond the full control of State officials, we can all affect the demand side of the equation. Conservation is the most effective tool to save Maine people money at the pump, to help ensure adequate supplies, and to reduce price at both the wholesale and retail levels. I strongly encourage Mainers to conserve fuel by avoiding unnecessary trips, inflating tires, carpooling, and the like. For more information on gas saving tips, you can visit www.maineenergyinfo.com. Hoarding practices, such as topping off tanks or filling unneeded gas cans, only exacerbate supply problems. Consumers should also do their part to encourage competition by searching for the best price at the pump, preferably by telephone.

"While we know that the days and weeks ahead will be difficult for consumers due to the operation of market forces, all Mainers should rest assured that the responsible government authorities are doing our best to ensure that the problems we face are not compounded by illegal activities at any level of trade or commerce."

STEVE ROWE, ATTORNEY GENERAL, 207-626-8577

Maine In Suit Against U.S. Department Of Energy For Failing Consumers On Energy Standards

September 7, 2005

A coalition of 15 states and the City of New York today sued the federal Department of Energy for violating the federal law that requires it to adopt stronger energy-saving standards for 22 common appliances that use large amounts of electricity, natural gas and oil by clearly specified deadlines stated in the law.

The standards sought by the lawsuit, according to the federal government's own numbers, would generate substantial savings for consumers and reduce air pollution and global warming emissions from power plants.

Attorney General Steve Rowe said, "Federal law required the Department of Energy to update energy efficiency standards for many kinds of appliances by deadlines that have long since passed. These modern efficiency standards would reduce demand for electricity, decrease our dependence on foreign oil and save consumers money on their utility bills. As energy costs spiral out of control, there is no excuse for the federal government's continued foot-dragging and inaction."

Governor John Baldacci said, "Energy conservation and efficiency are the first and best defense against rising energy prices. Today's extraordinarily high energy prices provide an urgent need to increase appliance efficiency standards immediately. It is unfortunate that it is taking legal action from the state attorneys general to force federal agencies to implement federal law that was passed years ago. I was disappointed this past session when legislation to improve appliance standards for products not covered by federal law failed."

Congress directed the Department of Energy to strengthen efficiency standards for a wide range of household and commercial products, including furnaces, water heaters, clothes washers, dryers, air conditioners, dishwashers, heat pumps, ranges, ovens, motors and lamps.

Congress established initial efficiency standards for most of the products, and directed the Department of Energy periodically to review and strengthen them. For the remaining products the Department of Energy is to establish the initial efficiency standards and also periodically strengthen them. The Department of Energy is six to thirteen years behind schedule and has not adopted any appliance efficiency standards since January 2001.

Appliance efficiency standards capitalize on improved technology and require that the covered appliances use less electricity, gas or oil while providing the same or improved levels of service and reliability. In the past, both the federal government and industry have agreed that national efficiency standards are among the fairest and most cost-effective way to reduce the use of energy.

Based on the Department of Energy's estimates, the average annual energy savings would meet the total annual energy needs of between 3 million to 12 million American households, depending on how fast the new standards are phased in and what the new standards are. Annual electricity savings alone would approximately equal to the output of 13 - 42 large power plants.

Energy efficiency experts estimate that existing federal appliance efficiency standards are expected by 2010 to lower electricity costs by over $20 billion per year. The new and strengthened standards that Congress required and that the states are suing to implement would increase those savings.

The states wrote to the Department of Energy on July 1, 2005, requesting that it comply with the law and commit to a binding schedule for the establishment of stronger efficiency standards. They alerted the agency that without such a schedule, the states would commence federal litigation. To date, the Department of Energy has not responded to the letter. The lawsuit was filed in the United States District Court, Southern District of New York.

JERRY REID, ASSISTANT ATTORNEY GENERAL, 207-626-8545

With Wholesale Gas Prices Falling, Rowe Calls On Gas Stations To Pass Savings To Consumers

September 9, 2005

Attorney General Steve Rowe today called on gas stations to pass lower wholesale gas prices through to consumers right away.

Rowe commented after reviewing the results of a statewide retail gas price survey conducted Friday morning. "I am disappointed and upset that retail prices remain so high even after wholesale prices have dropped substantially," said Rowe. "Last week, I was in the position of explaining to consumers that gas stations were entitled to pass wholesale price increases through to the consumer, even though higher priced gas had not been delivered yet. This week, I want the stations to know that they cannot have it both ways. Prices that jackrabbit up then snail down will be viewed very critically. Maine consumers are entitled to see wholesale price decreases reflected in the retail price right away."

Rowe said that the Attorney General's Office is continuing its daily monitoring of gas prices at both the wholesale and retail level.

Rowe has also been cooperating with a group of more than 40 state attorneys general to gather more detailed information on the root causes of the recent spike in gas prices.

JESSICA MAURER, SPECIAL ASSISTANT ATTORNEY GENERAL, 207-626-8515

Fraud Fighting Team Warns Seniors...Again

September 30, 2005

Attorney General Steven Rowe, AARP Maine and TRIAD joined together today to warn senior consumers about potential fraud and identity theft by scam artists hoping to take advantage of the new Medicare-Part D Prescription Drug Benefit.

Beginning on January 2, 2006 the new, voluntary benefit will become available to Maine seniors with Medicare. This coverage will be provided by 18 Medicare approved private companies in Maine, but there are already scams being reported across the country where seniors are contacted either by telephone or in person by someone offering to sell them a benefit card. The sales pitch includes telling the seniors that these cards will be mandatory and they ask for personal information under the guise of registering people for the new program.

Attorney General Rowe said, "Mainers are already receiving fraudulent prescription discount drug calls. One senior in Southern Maine was recently tricked into giving her checking account number and almost immediately lost $299 from her bank account. The rule to always follow is: if the caller asks for your checking account number, your social security number, or your credit card number, hang up."

Beginning October 1, 2005, approved Medicare Part-D companies can begin telemarketing, although door-to-door selling is strictly prohibited. At no time, now or in the future, can any company enroll a senior over the phone. Therefore, anyone trying to sign up a senior over the phone is definitely a scam artist.

"As the new laws take effect, Mainers need to sit down at their kitchen tables and do the math: will this new program help them with their drug costs or not?" said Jud Dolphin, State Director for AARP. "And then they need to check out the company to ensure that they are legitimate. This is the best way to avoid fraud and identity theft," he said.

The group recommends some simple steps any consumer should take to avoid fraud:

  • Don' t give out ANY personal information over the phone
  • Demand written materials from telephone solicitors
  • Don't pay any money to apply for a plan - NO plan should have an application fee

You CANNOT sign up before NOVEMBER 15, 2005

Contact your AAA before you make any plan decisions, 1-877-353-3771 or call 1-800-Medicare or go to www.medicare.gov to ensure the plan you are signing up for is an approved plan.

If you suspect that you have been a victim of a scam, call the Attorney General Consumer Protection Hotline at 1-800-436-2131, or email consumer.mediation@maine.gov.

CHARLES DOW, ATTORNEY GENERAL'S OFFICE, 207-626-8577 PHYLLIS COHN, AARP, 791-3903 RICKER HAMILTON, DHHS, 822-2150

Sales Tax Cheat To Serve 70 Days

October 4, 2005

Attorney General Steven Rowe today announced the sales tax fraud conviction and sentencing of Scott Mitchell of New Milford, Connecticut, the former owner of Performance Power Boats, a Saco boat dealership. On September 27, 2005, the York County Superior Court sentenced Mitchell to serve 70 days in jail following his guilty plea to theft of State sales tax funds (class B). Mitchell admitted to failing to turn over to the State Tax Assessor over $97,000 of sales tax money that he collected from customers of boat sales from May 1998 through August 2002.

Justice Paul Fritzsche sentenced Mitchell to three years in jail, with all but 70 days to be suspended, to be followed by two years of probation. At the time of sentencing, Mitchell paid $131,300 in restitution to the State. He is expected to start serving his jail sentence at the York County jail on October 17, 2005.

The investigation of Mitchell's business started in early 2002 with a civil audit of his business records by Maine Revenue Services. When the audit revealed serious discrepancies in what Mitchell reported for boat sales to the State, as opposed to his actual sales, the Criminal Investigations Unit of Maine Revenue Services investigated and the Attorney General's Office prosecuted Mitchell.

Attorney General Rowe said, "Maine's tax laws are not mere suggestions. By pocketing the money paid by customers as sales tax, Mitchell not only stole from his customers, but all the people of Maine."

BILL BAGHDOYAN, ASSISTANT ATTORNEY GENERAL, 207-626-8512

Rowe Finds Gas Price Spike Blame Lies Outside Maine; Asks Congressional Delegation For Help

October 13, 2005

Attorney General Steve Rowe today wrote a letter to the members of Maine's Congressional delegation asking them to use their influence to get the federal government to immediately commission an independent, professional, in-depth study of petroleum markets. Rowe said he believes such a study is necessary to form the basis for fundamental reforms designed to stabilize and rationalize petroleum markets in the interest of American consumers. Rowe said that his office's monitoring of retail and wholesale petroleum prices over the past six weeks had convinced him that the source of the price volatility problem is not in Maine. He pointed instead to refiners and futures market speculators, which are beyond Maine's borders.

Rowe said in his letter: "Current market structures have the effect of enhancing the profits of refiners, traders and speculators while threatening the livelihoods and lives of millions of Americans. Specifically, it appears that current elevated prices and unprecedented market volatility may be traceable to: (1) the increasing concentration of the United States refining industry; (2) permissive rules and oversight governing the New York Mercantile Exchange (NYMEX), the commodities market where petroleum futures are traded among petroleum companies, speculators, and hedge funds; and (3) the unregulated operations of the off-exchange market in over-the-counter derivatives."

Rowe said, "I will continue to work with other State attorneys general and with Governor Baldacci on state initiatives, but I think our Congressional delegation is in the best position to make progress on the broader market issues."

CHARLES DOW, SPECIAL ASSISTANT ATTORNEY GENERAL, 207-626-8577

Rowe Testifies To Protect State Antitrust Enforcement Authority

October 26, 2005

Charles Dow, Special Assistant Attorney General, 207-626-8577

Attorney General Steve Rowe today testified before the Antitrust Modernization Commission (AMC) in Washington, D.C., in defense of the current system of overlapping state and federal antitrust law enforcement authority. Others testifying before AMC today will argue that the system results in inefficient duplication of efforts. Controversy over the dual system erupted in 2001 when several states and the U.S. Department of Justice settled an antitrust case against Microsoft, while a number of states opted to continue in litigation.

Rowe said to the AMC, "The American system of government and law is founded on respect for and acceptance of diversity and pluralism. This is reflected in our unique brand of federalism, which recognizes the concurrent sovereign jurisdiction of state and federal authorities in many areas." Rowe pointed out that states and federal authorities routinely cooperate on antitrust matters, and that the benefits of their cooperation flow not only to the respective governments, but to businesses and consumers. "Certainly, on occasion (and Microsoft is not the only instance by any means) we have viewed matters from a different perspective. In a given merger, we may care deeply about a local anticompetitive impact overlooked by federal enforcers. Or, we may decide to prosecute a local non-merger matter that was passed over by our federal counterparts. In other instances, we have frankly disagreed with federal enforcers on enforcement decisions involving national or regional matters over which we had concurrent authority, such as Microsoft, or, historically, a significant number of cases during the Reagan era."

Antitrust laws are designed to ensure competition in the free-market system. The AMC was created by Congress in 2002 to study antitrust issues and report back with recommendations to "modernize" the antitrust system. Rowe said, "Antitrust laws are critical to the free-market system in that they protect competition in the marketplace and secure the benefits of competition for all people."

Maine's Most Wanted Environmental Criminal Caught In Massachusetts

November 3, 2005

Attorney General Steven Rowe announced today that Harry J. Smith, Jr., an environmental criminal listed on Maine's Most Wanted List, was apprehended this morning at a salvage business in Everett, Massachusetts. In July, 2003, the Superior Court in Washington County ordered Smith, 65, to serve 6 months in jail for violating probation linked to criminal convictions concerning tire stockpiles at his junkyards in Meddybemps, Maine. At the time of his probation revocation, Smith was also free on post-conviction bail following his convictions in February 2003, for hazardous waste crimes committed at the same junkyards in Meddybemps. He was sentenced to one year on the hazardous waste crimes, but appealed the convictions to the Maine Supreme Judicial Court. The Court denied his appeal on December 2, 2003, and he was ordered to serve his one year sentence. He has to date failed to serve either the six month sentence for the probation violation or the one year sentence for the hazardous waste crimes.

Smith is now in the custody of law enforcement officials in Massachusetts and is scheduled to be arraigned in Chelsea District Court. In the next few days, the Attorney General will arrange for Smith to be returned to Maine, and will likely charge Smith with additional crimes related to his failure to report to jail.

Rowe said, "Through some fabulous police work and a bit of good luck, Smith is finally behind bars where he belongs. Let all who might flaunt our environmental laws and ignore our court orders take note of what our system promises for you."

Smith's capture was spearheaded by Attorney General Detective Charles "Chick" Love with assistance from the Portland office of the U.S. Marshals Service.

LEANNE ROBBIN, ASSISTANT ATTORNEY GENERAL, 207-626-8581

Maine Wins Again In Court Battle Over Pharmacy Benefits Management

November 9, 2005

Attorney General Steven Rowe announced today that the U.S. First Circuit Court of Appeals yesterday unanimously affirmed the State's lower court win in the case challenging Maine's Unfair Prescription Drug Practices Act (UPDPA). The Pharmaceutical Care Management Association (PCMA), the national trade association representing pharmaceutical benefits management companies (PBMs) sued Attorney General Rowe in 2003 alleging that the UPDPA is preempted by federal law; that it would effect a regulatory taking of trade secrets, revenues, and contractual rights; that it violates PBMs' civil rights; and that it is unconstitutional for violations of due process, the Commerce Clause, and freedom of speech. Yesterday's ruling rejects all of those challenges. The UPDPA has been in operation since April of this year.

The UPDPA requires PBMs to disclose to health plans any conflicts of interest, side payments from drug companies, and details about drug switching programs. These requirements are described generally as promoting "transparency" in the PBM industry, that is, they allow the health plan clients of PBMs to see through the otherwise secret arrangements that PBMs had with other market players. The magistrate in the district court summarized the PBM industry in these words: "[A]lthough PBMs afford a valuable bundle of services to benefits providers, they also introduce a layer of fog to the market that prevents benefits managers from fully understanding how best to minimize their net prescription drug costs."

Attorney General Rowe said, "Once again, the Maine Legislature's innovative work on behalf of prescription drug consumers has triumphed over industry challenges. As long as I hold this office, the Attorney General's Office will fight for affordable prescription drugs for Mainers in any court, for as long as it takes."

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

AG Releases Name Of Decedent In Brunswick Police-Involved Shooting

November 18, 2005

The Attorney General today released the name of the person who was killed in a shootout with police yesterday in Brunswick. He was Kim David Niedermann, 54, of Thomaston. The Chief Medical Examiner certified that the cause of death was a single gunshot wound to the neck. The Chief Medical Examiner also found a single gunshot wound to the abdomen.

CHARLES DOW, SPECIAL ASSISTANT ATTORNEY GENERAL, 207-626-8577

Maine #1 In Enforcing Laws Prohibiting Sale Of Tobacco To Minors

November 22, 2005

Attorney General Rowe announced today that a recent study published in the Journal of Public Health Management and Practice has ranked Maine first in the nation in enforcing laws prohibiting the sale of tobacco to minors. The study ranked 20 states, 10 of the highest performing and 10 of lowest performing in preventing underage tobacco sales, and looked at the effectiveness of 26 enforcement strategies. The Attorney General's Office administers compliance with tobacco sales laws. The study, entitled Best Practices for Enforcing State Laws Prohibiting the Sale of Tobacco to Minors, was conducted by Dr. Joseph R. DiFranza, M.D, and funded by the Robert Wood Johnson Foundation.

"It is fabulous to get this national recognition, but the real reward for keeping Maine kids from smoking will be in the long-term cost savings for everyone and life quality improvements for those kids," said Attorney General Rowe.

"When we began enforcing the law prohibiting underage tobacco sales in 1997 Maine had one of the highest youth smoking rates in the country," said Tobacco Enforcement Coordinator John Archard, "Combined with the Department's comprehensive approach to tobacco prevention including education components, activities of local Healthy Maine Partnerships, school health coordinators and media campaigns, and the efforts of the Maine Coalition on Smoking or Health this effort has contributed to the 60% decline in youth smoking in Maine since 1997."

An abstract of the study can be found at: <http://www.jphmp.com/pt/re/jphmp/toc.00124784-200511000-00000.htm;jsessionid=DDzobhYedN6BW3LQ76gbMv8DzTDNgb4PzBCT6k9HXgiRufoQskrc!-181702980!-949856144!9001!-1>

JOHN ARCHARD, TOBACCO CONTROL COORDINATOR (207) 626-8837

AG Files Civil Rights Action Over Racist Assault And Threats On Berwick School Bus

November 22, 2005

Attorney General Steven Rowe announced today that his office has filed an action under the Maine Civil Rights Act against Reginald Theriault, 18, of Springvale, and a second defendant, a 16 year-old Sanford High School student of Acton, as a result of their violent acts and threats against a 13 year-old middle school student based on their biases against his race or color. The complaint was filed in Superior Court in Alfred and requests that the court enjoin Theriault and the 16 year-old defendant from having any contact with the victim and from committing future violations of the Maine Civil Rights Act.

The complaint alleges that on March 3, 2005, the defendants and the victim were passengers on a school bus being transported to home and after-school activities. A number of students began directing racial epithets at the victim, who is African American. Defendants Theriault and the 16 year-old youth, who were at the time students at Noble High School in Berwick, called the victim "nigger." They also told racist jokes in the victim's presence, making reference, among other things, to the Ku Klux Klan. At one point during the bus ride, Theriault placed his hands on the victim's seat, leaned over him in a threatening manner, and threatened to commit a violent act against him. The 16 year-old defendant spat on the victim and hit him in the head and chest.

"No child should be afraid to ride the school bus in Maine. This case combines two ugly features: racial bias and adolescent gang behavior," said Attorney General Rowe. "When our efforts at education fail to curb such behavior, my office will bring enforcement actions to protect Maine students from bias-motivated threats and violence by their schoolmates."

LEANNE ROBBIN, ASSISTANT ATTORNEY GENERAL, 207-626-8581

Chief Medical Examiner, AG, Seek Assistance In Identifying John Doe #21

November 23, 2005

Chief Medical Examiner Margaret Greenwald, M.D., and Attorney General Steven Rowe today asked the public for assistance in identifying John Doe #21, a dead man recovered by the Coast Guard in the ocean 27 miles off Jonesport on July 24, 2000. A forensic artist and computer enhancement specialist from South Carolina volunteered his efforts to generate a sketch and photo of what the man looked like in life. Greenwald and Rowe released the sketch and photo for the first time in Maine today in the hope that someone will recognize him. Previous efforts by the medical examiner to identify him through fingerprints, DNA, dental records, and personal items have all failed.

A flurry of publicity around the body's discovery in 2000 generated a few phone calls, but John Doe #21 was not identified, and his case was forgotten…except by Dr. Greenwald and the medical examiner's staff. "We all have been frustrated that we can't find out who this man is. Once in awhile we get a lead, but nothing ever pans out," Greenwald said.

In September of this year, Greenwald sent her office administrator, Jim Ferland, to present the case of John Doe #21 to a conference on Missing Persons and Unidentified Human Remains sponsored by the National Institute of Justice. At this conference, Ferland learned about an organization called the Doe Network.

The Doe Network is an international volunteer organization devoted to assisting Law Enforcement in solving cold cases concerning unexplained disappearances and unidentified victims from North America, Australia and Europe. Their mission is to give the nameless back their names and return the missing to their families. The Doe Network also sponsors Project EDAN (Everyone Deserves A Name), which is a group of volunteer forensic artists who donate their time and skills to create reconstructions and age-progressions of the missing and unidentified. The sketch and photo of John Doe #21 were created by Lt. Wesley Neville, of the Florence County (South Carolina) Sheriff's Department. They are currently on display at http://doenetwork.us/cases/704umme.html.

Attorney General Rowe said, "During this holiday season, I am hopeful that we will give this man a name and a family. I am so thankful for the humanity and hard work of Dr. Greenwald and her staff, as well as the assistance of the Doe Network and Lt. Neville."

Due to the state of the remains, the cause and manner of death could not be determined. The body was cremated, and the remains were buried in an Auburn Cemetery at State expense in May, 2001. Greenwald and Rowe encourage anyone with information that may be helpful in identifying John Doe #21 to contact Jim Ferland at the Office of Chief Medical Examiner, by calling 624-7180, or e-mailing him at James.Ferland@maine.gov.

JIM FERLAND, ADMINISTRATOR, MEDICAL EXAMINER'S OFFICE, 207-624-7180 CHARLES DOW, ATTORNEY GENERAL'S OFFICE, 207-626-8577

AG Releases Information Regarding Weekend Murder Of Fayette Girl

November 30, 2005

The Attorney General's Office today released the following information regarding the weekend murder of a Fayette girl:

The Attorney General has today charged a juvenile, Patrick Armstrong (DOB 4/4/91), with the murder of Marlee Johnston on November 26, 2005. The Attorney General's Office expects that Armstrong will appear in Augusta District Court tomorrow, December 1, at 8:30 a.m.

Deputy Attorney General William R. Stokes, Chief of the Criminal Division, will be available to reporters at 11:30 a.m. today at the Attorney General's Office on the 6th floor of the Cross State Office Building in Augusta.

WILLIAM R. STOKES, DEPUTY ATTORNEY GENERAL'S OFFICE, 207-626-8571

Attorney General Rowe Kicks Off Media Campaign Aimed At Keeping Alcohol Out Of The Hands Of Minors

December 5, 2005

Attorney General Steve Rowe announced today that two new public service announcements (PSAs) aimed at keeping alcohol out of the hands of minors will begin airing today. The PSAs were produced by the Office of the Attorney General and are an attempt to educate adults about the importance of underage drinking laws.

Rowe said, "As we head into the holiday season, many youth will attend parties with adult friends and family members. It is critically important for adults to realize that providing alcohol to minors is illegal and can have tragic consequences."

The PSAs remind adults that underage drinking laws protect children. One PSA tells parents that providing alcohol to minors in violation of the law teaches teens that they can choose which laws to obey. The other focuses on the prevalence of youth drinking in Maine and the effect alcohol has on developing brains.

Rowe hopes the PSAs will raise awareness of the extent of the problem of underage drinking in Maine and will make adults think twice before they provide alcohol to minors. "If the average Maine child is taking his or her first drink of alcohol at age 13 and if one sixth of high school freshmen are binge drinking each month, we have a serious problem. The earlier a child starts drinking, the greater the chances of alcohol addiction, and the greater the chances the child will suffer brain damage. These very young children aren't buying alcohol in stores; they're getting it from adults. We have to stop the flow of alcohol to our children."

Rowe praised District Attorneys in Maine for their commitment to prosecute adults who provide alcohol to minors. He also praised the efforts of the law enforcement agencies that are actively working with community leaders to address underage drinking. Rowe stressed that stopping underage drinking starts with the whole community.

The PSAs have been provided to Maine radio stations and will be aired on stations across Maine throughout December. The PSAs can be downloaded at:

An alcohol fact sheet is attached to this press release. Attorney General Rowe will be available for live interviews at 10:00 a.m. on December 5, 2005 at the Office of the Attorney General in Augusta. Burton Cross State Office Building, 6th Floor.

Note: December 5th is Alcohol Awareness Day and December 5th through the 9th is Alcohol Awareness Week.

JESSICA MAURER, SPECIAL ATTORNEY GENERAL'S OFFICE, 207-626-8515

Attorney General Rowe Sues Michigan Company Over Deceptive Practices In Selling Labor Law Posters

December 7, 2005

Carolyn A. Silsby, Attorney General's Office, 207-626-8829

Attorney General Steve Rowe announced today that he has filed suit on behalf of the State against a Michigan corporation, The Mandatory Poster Agency, Inc., d/b/a The Maine Labor Law Poster Service, and its principals (collectively, "MPA") for their deceptive practices in selling labor law posters to Maine businesses.

Labor law posters contain notices that employers are required by state and federal laws to display in the workplace where workers can see them. Although these posters are available free of charge, MPA's solicitation materials are designed to look like they are from a government agency in Augusta that requires the business to purchase a poster to comply with the law. The Augusta address used by MPA is to a personal mailbox; MPA does not have an office in Maine. Attorney General Rowe seeks to enjoin MPA from using deceptive solicitation materials and to recover refunds and reimbursement for shipping charges to those who purchased posters, civil penalties, and costs. "Maine businesses face many financial challenges. In trying to comply with labor laws, businesses should not be tricked into paying for a product that is available to them for free," Rowe said.

Labor law posters that are required by the State of Maine can be obtained free of charge by calling 1-800-872-3838 or 624-9818, or by visiting the Maine Department of Labor's web site at http://www.maine.gov/labor/bls/posters. Labor law posters that are required by the federal government can be obtained free of charge by visiting the U.S. Department of Labor's web site at http://www.dol.gov/osbp/sbrefa/poster/main.htm

AG Finds That Officers Involved Brunswick Shooting Were Legally Justified

December 12, 2005

Attorney General Steven Rowe announced today that a Sagadahoc County deputy sheriff, Chad Carleton, and a Brunswick police officer, Paul Hansen, were legally justified when they shot and killed Kim D. Niedermann, 58, of Cushing, the evening of November 17, 2005, at Cook's Corner in Brunswick.

The Attorney General's investigation focused on the issue of whether the use of deadly force by the officers in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force in the performance of the officer's duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person or at a moving vehicle is also deadly force under Maine law.)

Attorney General Rowe determined that, based on the investigation and legal analysis conducted by his office, both Deputy Carleton and Officer Hansen actually and reasonably believed that unlawful deadly force had been and was being used by Niedermann against them, and that citizens in the immediate vicinity were imminently threatened with death or serious bodily injury by the actions of Niedermann. Further, based on the investigation and legal analysis, Attorney General Rowe determined that both Deputy Carleton and Officer Hansen actually and reasonably believed that deadly force on their part was necessary to protect themselves and to counter the imminent threat against others.

The Attorney General reported the following findings from his office's investigation:

Armed Robbery

On November 17, 2005, at about 5:30 p.m., an armed robbery occurred at a pharmacy in Waldoboro in which significant amounts of narcotics were stolen. The assailant, later identified as Kim D. Niedermann, a convicted felon, wore a mask and brandished a handgun. He was observed by a citizen leaving the area in a purple PT Cruiser. A police broadcast was issued.

First Vehicle Pursuit

At about 6:30 p.m., a uniformed Wiscasset police officer on patrol in a marked police vehicle spotted the purple PT Cruiser traveling south on Route 1. The officer stopped the vehicle and ordered the driver to show his hands. Instead, the driver, later identified as Niedermann, fled in the vehicle. The officer ran back to his cruiser and gave chase. The chase proceeded south along Route 1 and reached speeds of 100 m.p.h. Deputy Sheriff Chad Carleton of Sagadahoc County deployed spike mats on Route 1 in Woolwich. The Niedermann vehicle drove over the spikes, deflating a front tire. This resulted in a significant reduction in the vehicle's speed.

Shots Fired in Bath

Niedermann exited Route 1 in Bath and drove his vehicle into a shopping plaza, which was heavily occupied by patrons. By that time, Deputy Carleton, as well as a Bath police sergeant and a second patrol deputy, had joined the pursuit. During a continuing effort to elude the officers, Niedermann discharged a handgun three separate times at the officers. Three rounds struck Carleton's cruiser, one round struck the second deputy's cruiser, and another round struck the Bath officer's cruiser. On one of these occasions, Niedermann got out of his car and fired. None of the incidents resulted in the officers returning fire because they concluded that innocent patrons in the shopping plaza would be in peril.

Carjacking and Second Vehicle Pursuit

Niedermann abandoned the disabled PT Cruiser after confronting a woman driving a Subaru in the plaza parking lot and stealing her car. Niedermann ordered the woman from the vehicle at gunpoint and transferred items from the PT Cruiser to the Subaru, including firearms, ammunition, the stolen narcotics, and personal items. Niedermann then fled the shopping plaza in the Subaru, again in a southerly direction on Route 1. The officers gave chase. As Niedermann approached the Cook's Corner exit in Brunswick, a Brunswick police lieutenant deployed spike mats. The Subaru drove over the spikes, which resulted in the deflation of both front tires. The Subaru continued on to the Cook's Corner exit, operating on flat tires and then rims as the tires shredded. The vehicle drove into the parking lot of a convenience store in a small plaza at Cook's Corner and came to a stop between two gas pump islands. In addition to the convenience store, two other businesses were open and there were patrons in the plaza, as well as patrons with three vehicles at the gas pumps.

The Shooting

Deputy Carleton, who had assumed the lead pursuit position, brought his cruiser to a stop just inside the entrance to the parking lot of the convenience store and got out of the vehicle. In the meantime, Officer Paul Hansen of the Brunswick Police Department had arrived at the location and taken a position on foot next to the parking lot. Niedermann got out of the Subaru armed with a handgun, ignored commands by Deputy Carleton to drop the weapon, and started shooting the handgun -- later identified as a .45 semi-automatic pistol -- at the officers. Niedermann was standing between the Subaru and another vehicle at the gas pumps. Deputy Carleton immediately returned fire with a shotgun but there was no visible effect on Niedermann. Carleton was struck in the hip by one of the rounds fired by Niedermann after the bullet struck and split a pepper spray canister on his duty belt. Carleton abandoned the shotgun and drew his service weapon while getting closer to Niedermann. He fired two rounds at Niedermann. At the same time, Officer Hansen, armed with his service weapon, fired four rounds at Niedermann. Deputy Carleton was 54 feet from Niedermann, and the distance between Officer Hansen and Niedermann was 112 feet. Both service weapons were .40 caliber pistols. Niedermann was struck twice -- once in the abdomen and once in the neck -- and killed. Deputy Carleton's injury was superficial, a result of the round's impact being greatly diminished when it struck the canister on his belt. It was later determined that Niedermann fired at least six rounds at the officers. It was also determined that Niedermann had in his possession four firearms, seven knives, a stun gun, over 300 rounds of ammunition for the firearms, and three handcuff keys -- two on a key ring and one pinned to the inside of his shirt.

Investigation

Four detectives from the Office of the Attorney General went to the scene of the shooting to conduct the investigation. They were assisted by detectives from the State Police and the Brunswick Police Department, as well as forensic specialists from the State Police. In addition to several police officers, at least 16 citizens witnessed the exchange of gunfire between Niedermann and the two officers. Both the Sagadahoc County Sheriff's Office and the Brunswick Police Department cooperated fully with the investigation. Both agencies are conducting their own departmental reviews of the incident.

Charles Dow, Director, Communications & Legislative Affairs, 207-626-8577

Fraud Fighting Team Warns Seniors...Again

December 21, 2005

Note: We are re-releasing this today because the State has received several calls today from Mainers who say they were contacted by telemarketers saying they are working for the MaineCare program and asking for a $200 fee. While the State is making some outgoing calls to seniors to assist them in qualifying for Medicare Part B premium assistance, the State callers are NOT asking for money.

Potential fraud associated with new Medicare-Part D Program

Attorney General Steven Rowe, AARP Maine and TRIAD joined together today to warn senior consumers about potential fraud and identity theft by scam artists hoping to take advantage of the new Medicare-Part D Prescription Drug Benefit.

Beginning on January 2, 2006 the new, voluntary benefit will become available to Maine seniors with Medicare. This coverage will be provided by 18 Medicare approved private companies in Maine, but there are already scams being reported across the country where seniors are contacted either by telephone or in person by someone offering to sell them a benefit card. The sales pitch includes telling the seniors that these cards will be mandatory and they ask for personal information under the guise of registering people for the new program.

Attorney General Rowe said, "Mainers are already receiving fraudulent prescription discount drug calls. One senior in Southern Maine was recently tricked into giving her checking account number and almost immediately lost $299 from her bank account. The rule to always follow is: if the caller asks for your checking account number, your social security number, or your credit card number, hang up."

Beginning October 1, 2005, approved Medicare Part-D companies can begin telemarketing, although door-to-door selling is strictly prohibited. At no time, now or in the future, can any company enroll a senior over the phone. "As the new laws take effect, Mainers need to sit down at their kitchen tables and do the math: will this new program help them with their drug costs or not?" said Jud Dolphin, State Director for AARP. "And then they need to check out the company to ensure that they are legitimate. This is the best way to avoid fraud and identity theft," he said.

The group recommends some simple steps any consumer should take to avoid fraud:

  • Don' t give out ANY personal information over the phone
  • Demand written materials from telephone solicitors
  • Don't pay any money to apply for a plan - NO plan should have an application fee

You CANNOT sign up before NOVEMBER 15, 2005

Contact your Area Agency on Aging before you make any plan decisions, 1-877-353-3771 or call 1-800-Medicare or go to www.medicare.gov to ensure the plan you are signing up for is an approved plan.

If you suspect that you have been a victim of a scam, call the Attorney General Consumer Protection Hotline at 1-800-436-2131, or email consumer.mediation@maine.gov.

CHARLES DOW, ATTORNEY GENERAL'S OFFICE, 207-626-8577 PHYLLIS COHN, AARP, 791-3903 RICKER HAMILTON, DHHS, 822-2150

State Settles Salmon Aquaculture Antitrust Suit

December 22, 2005

The Office of the Attorney General announced today that the state has settled an antitrust suit challenging the acquisition of a number of salmon aquaculture lease sites in Washington and Hancock Counties by Cooke Aquaculture Inc. Cooke plans to acquire the sites from Stolt Sea Farms, Inc. The acquisition would have placed Cooke in a virtual monopoly position, controlling most of the lease sites in the State suitable for raising salmon. The settlement, embodied in a court ordered consent decree, requires Cooke to surrender its leasehold interest in four specified aquaculture sites to the Department of Marine Resources, as a means of bringing the company into compliance with a statutory acreage limit as well as antitrust laws. In addition, Cooke is required to divest or sell its interest in two significant salmon aquaculture sites in Cobscook Bay, known as Prince Cove and Rodger's Island, within six months.

Salmon aquaculture is the fastest growing food production industry in the world. In Maine and neighboring New Brunswick, the industry has experienced a series of shocks in recent years as a result of disease outbreaks, worldwide competition and environmental and political controversy. A number of companies have sold their assets in Maine, and there has been a trend toward consolidation and vertical integration. "We wish Cooke well," said Assistant Attorney General Francis Ackerman, who handled the case. "If they can expand production sufficiently, they have assured us they will reopen the Machiasport processing plant, a facility essential to the future of the industry in Maine. At the same time, we hope to encourage the emergence of new players in the industry. Monopoly is never healthy, and that is why we have antitrust laws." The Attorney General praised employees of the Department of Marine Resources for their work on the case and contribution to the settlement.

Jessica Maurer, Attorney General's Office, 207-626-8515

AG Rowe Announces Multi-State Settlement Against Pharmaceutical Company Serono Inc.

December 23, 2005

Attorney General Steve Rowe announced today that the State Medicaid Program ("MaineCare") has received a check for $207,334.29 as part of a final settlement in a multi-state action against the pharmaceutical company Serono Inc, a Swiss corporation with offices in Rockland, Massachusetts. Maine joined with 41 states and the District of Columbia in charging that Serono had promoted the drug Serostim for the treatment of HIV-wasting, an AIDS related syndrome, when the drug had not been approved by the FDA for that purpose. The States also alleged that Serono had induced physicians to prescribe Serostim for HIV-wasting by offering the physicians benefits such as trips to France. The settlement includes restitution and penalties, and will reimburse the State for claims paid to Serono for dispensing Serostim for the unauthorized treatment between 1997 and 2004.

"Serono abused its position of trust by using an unproven drug on people suffering with HIV to obtain funds from Medicaid and Medicare," said Rowe. "Our Healthcare Crimes Unit will work with other States in bringing enforcement actions against pharmaceutical companies which defraud the Medicaid programs."

This state settlement was reached as part of a federal civil and criminal settlement negotiated by the United States Attorney's Office in Boston. Under the federal agreement, Serono Laboratories, Inc., a U.S. affiliate of Serono S.A., pled guilty to charges of conspiring to defraud the United States and kickback charges. As a result of its criminal conviction, Serono Laboratories will be excluded from participation in all healthcare programs for at least five years. Serostim will remain eligible for reimbursement by state Medicaid programs.

Finally, as part of the settlement, all U.S. affiliates of Serono have entered into a Corporate Integrity Agreement ("CIA") with the United States Department of Health and Human Services Office of Inspector General.

MARCI A. ALEXANDER, ASSISTANT ATTORNEY GENERAL, 207-626-8555

Baxter State Park Authority Names Bissell New Park Director

December 28, 2005

Today at a meeting at Baxter State Park headquarters in Millinocket, the three members of the Baxter State Park Authority (Attorney General Steve Rowe, Department of Inland Fisheries and Wildlife Commissioner Dan Martin, and Maine Forest Service Director Alec Giffen) appointed Jensen Bissell of Milo as the new Park Director.

Bissell has more than 30 years of experience in resource management and has served as Resource Manager of Baxter State Park since 1987.

The Baxter State Park Authority spent two months reviewing more than 70 applications and conducting personal interviews with a number of the applicants. Authority Chair Steve Rowe noted that the quantity and quality of the applicants speaks well of the park and of former director Buzz Caverly's exceptional stewardship.

Rowe said, "The Authority carefully reviewed all applications and spent considerable time interviewing several applicants. In the end, we were swayed by Jensen Bissell's strong resource and operational management skills as well as his keen sense of devotion to Baxter State Park." Rowe noted that, in addition to performing park resource management duties over the years, Bissell has also participated in the development of park policy, planning, personnel, and operational decisions.

Rowe said, "Jensen has done a superb job as Resource Manager, and we expect that he will do the same as Director."

STEVE ROWE, ATTORNEY GENERAL, 207-626-8599

Maine Joins Agreement With Western Union Over Fraud-Induced Transfers

December 29, 2005

Attorney General Steve Rowe announced today that Maine has joined 46 other states and the District of Columbia in an agreement with Western Union Financial Services, Inc., aimed at preventing the use of the company's wire transfer services by fraudulent schemers. Western Union will, among other things, fund an $8.1 million national consumer awareness program and set out very prominent consumer warnings on the forms used by consumers to wire money. Western Union Financial Services is a wholly-owned subsidiary of First Data Corporation, based in Greenwood Village, Colorado.

The agreement seeks to prevent the high number of "fraud-induced transfers": money wired by consumers to fraudulent telemarketers, email solicitors, and other scam artists. A common example is a "lottery" scam, in which scammers tell vulnerable consumers that they have won a large sum of money but must pay taxes or other charges in order to claim the winnings. The victims are then directed to send the money by wire because wire transfers are fast, there are transfer agents in most communities, and funds can be picked up in multiple locations.

The problem of fraud-induced transfers is substantial. Based on a survey conducted by seven states, it was estimated that over 29 percent of Western Union transfers in excess of $300 from the U.S. to Canada were fraud-induced, representing 58 percent of the total dollars transferred and an average of over $1,500 per transfer. Total American consumer losses to Canada in the year 2002 alone were estimated at $113 million.

In response to these findings, states began to negotiate an agreement with Western Union that would provide prominent warnings to consumers who transfer money by wire, education of high-risk consumers, and changes in company practices.

Among the terms of the Agreement just reached are:

  • Prominent warnings to consumers of the dangers of fraud-induced wire transfers must appear in English and Spanish on a new front page of Western Union's Send Form, and comparable warnings are required for telephone and Web transfers.
  • Western Union will pay $8.1 million over five years for national peer-counseling programs to be overseen by the AARP Foundation and designed to reach at least 3 million consumers.
  • Western Union will reimburse the amount of any transfer plus fees to any consumer who requests, prior to pickup, that a transfer be stopped and who reasonably claims that the transfer was fraud-induced.
  • Western Union will send monthly anti-fraud emails to its agents, revise the company's agent training video and manual, and provide enhanced training to agents with elevated fraud levels at their locations.
  • Western Union will terminate agents who are involved in fraud, and suspend or terminate agents who do not take reasonable steps requested by Western Union to reduce fraud.
  • Western Union will block wire transfers from specific consumers or to specific recipients when Western Union receives information from a state that there is reason to believe that fraud will occur, until such time as the consumer is counseled on fraud and requests resumption of the transfer.
  • Western Union will pay $400,000 in costs to be shared among the negotiating states of Arkansas, Massachusetts, New Jersey, New York, North Carolina, Ohio, Texas, Vermont, Washington and Wisconsin.

Attorney General Rowe underscored the importance of enlisting "third parties" like Western Union in the fight against consumer fraud. Rowe said, "Western Union is doing the right thing by trying to prevent their service from being used to perpetrate fraud. We encourage other businesses to think about ways they can prevent fraud, especially against the elderly."

Rowe said, "An elderly man from rural Maine came in the office just last week, having lost around $130,000 to foreign lottery scammers over the past few months, some of it using Western Union. Everyone reading these words should tell their vulnerable loved ones that these foreign lotteries are scams."

JAMES McKENNA, ASSISTANT ATTORNEY GENERAL, 207-626-8842

State Appeals Federal Court Ruling In Micmac Case

January 4, 2006

Attorney General Steve Rowe announced today that the State has appealed a federal court decision that struck down Maine's 1989 Micmac Settlement Act and declared that the Maine Human Rights Act may not be enforced against the Aroostook Band of Micmacs. The decision seems to leave open the possibility that the Band is exempt from other state laws. The potentially far-reaching impact of the ruling led Rowe to decide to seek review by the United States Court of Appeals for the First Circuit.

Rowe said, "Although the specific relief ordered by the court relates solely to the Maine Human Rights and Whistleblower Protection Acts, parts of the decision could be used to argue that the Band is exempt from other state laws as well. We believe it is important to have the Court of Appeals review the decision. Hopefully, that review will clarify the legal nature of the Band's relationship with the State. In the end, we must all work together and live as neighbors. Understanding the legal landscape is key to moving forward."

Rowe noted that all five members of the Maine Human Rights Commission favored an appeal of the lower court's decision.

The decision being appealed may be found at: http://www.med.uscourts.gov/Opinions/Kravchuk/2005/MJK120520051-03cv24Aroostookv_Ryan.pdf

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

State, 1,000+ Maine Consumers To Get Over $1 Million From Ameriquest Settlement

January 23, 2006

Attorney General Steve Rowe and Consumer Credit Regulation Director Will Lund today announced that Maine has joined other states in settling claims against Ameriquest Mortgage Company, the nation's largest sub-prime lender and the second-largest mortgage lender in Maine. Ameriquest has agreed to pay $295 million to consumers, including 1,124 from Maine, who were harmed by unfair practices and to make sweeping lending reforms. Affected consumers will be contacted by mail. Ameriquest will also pay a total of $30 million to the 49 participating states and the District of Columbia for costs of the investigation and consumer education and enforcement. Ameriquest admitted no wrongdoing. The $325 million total payment ranks as the second-largest state or federal consumer protection settlement in history, after the $484 million predatory lending agreement reached in 2002 between most states and Household Finance Corporation.

Today's settlement concludes about two years of investigation and negotiation by the attorneys general, mortgage lending regulators, and other prosecutors. Consumer complaints sparked the investigation, which led officials to allege that Ameriquest and its agents inadequately disclosed prepayment penalties, discount points and other loan terms; improperly influenced and inflated appraisals; and encouraged borrowers to lie about income or employment to obtain loans.

Attorney General Rowe said, "The mortgage is a necessity for most Maine homeowners. Mainers have a right to fair mortgages, fairly negotiated, but they weren't getting them from Ameriquest. Ameriquest employees deceived consumers and used high-pressure tactics to sell mortgage refinances due to a lopsided commission structure. This agreement should change all that."

"Maine consumers have complained to our office about many of the practices addressed in this settlement," said Will Lund, Director of the Office of Consumer Credit Regulation. "This agreement will compensate those consumers and will serve as notice that such practices will not be tolerated." Lund said that 15 Maine consumers have filed complaints against Ameriquest in the past two years.

Under the agreement, Ameriquest is required to:

  • Provide the same interest rates and discount points for similarly-situated consumers.
  • Provide full disclosure regarding interest rates, discount points, prepayment penalties, and other loan or refinancing terms.
  • Overhaul its appraisal practices by removing branch offices and sales personnel from the appraiser selection process, instituting an automated system to select appraisers from panels created in each state, limiting the company's ability to get second opinions on appraisals, and prohibiting Ameriquest employees from influencing appraisals.
  • Provide accurate good faith estimates.
  • Limit prepayment penalty periods on variable rate mortgages.
  • Use independent loan closers.
  • Adopt policies to protect whistle-blowers and facilitate reporting of improper conduct.

The agreement forbids Ameriquest from:

  • Paying sales personnel incentives to include prepayment penalties or any other fees or charges in the mortgages.
  • Encouraging prospective borrowers to falsify income sources or income levels.
  • Engaging in refinancing solicitations during the first 24 months of a loan, unless the borrower is considering refinancing.

The agreement also provides for appointment of an independent monitor to oversee Ameriquest's compliance with the settlement terms. The monitor will have broad authority to examine Ameriquest's lending operations, including access to documents and personnel. The monitor will submit periodic compliance reports to the Attorneys General during the next five years. Ameriquest will pay the monitor's costs.

LINDA J. CONTI, ASSISTANT ATTORNEY GENERAL, 207-626-8591 WILL LUND, DIRECTOR, OFFICE OF CONSUMER CREDIT REGULATION, 207-624-8527

Governor And Attorney General Kick Off National Teen Dating Violence Awareness And Prevention Week

February 6, 2006

Today State officials including Governor John Baldacci, Attorney General Steve Rowe and Public Safety Commissioner Michael Cantara highlighted the issue of teen dating violence at a student forum at Winthrop High School. This was just one of many events going on in high schools throughout Maine during National Teen Dating Violence Prevention and Awareness Week. Teen dating violence is a serious issue that affects many students in our schools. One in four dating relationships during high school are verbally, emotionally, physically and/or sexually abusive. Nearly 1 in 5 teenage girls have had boyfriends threaten violence or self-harm when presented with a break-up.

This week, in coordination with domestic violence and sexual assault school based educators, 11 high schools throughout Maine are using a new toolkit developed by the American Bar Association (ABA) to address issues of teen dating. The toolkits and school based educators will help school officials actively engage youth in discussions about what healthy relationships are and what they are not.

By attending the forum at Winthrop High School, Maine's top officials hope to emphasize how important it is for adults to discuss this issue with young people. Governor John E. Baldacci said, "Teen dating violence is an issue that should concern every parent, educator, and community. We have a responsibility as state leaders and mentors to our young people to work with them in addressing the complex and difficult issues surrounding teenage relationship abuse."

"Young people need to learn in an environment free of fear and intimidation," said Attorney General Steve Rowe. "Fear and intimidation have no place in school or in dating relationships. Real friends do not put others down by calling them stupid or worthless. That's not friendship; it's abuse." Rowe urged young men in particular to break the cycle of violence by treating their dating partners with respect and rejecting the macho, possessive stereotypes of the past.

Public Safety Commissioner Michael P. Cantara told the students, "No one has the right to physically, sexually or emotionally harm you. You have the power to set boundaries and to maintain control over your own well being. If you feel someone has crossed the line, seek help from your parents, teachers and others because help is always available."

Students attending the forum saw part of a video produced by the ABA and heard from Civil Rights Team members and Peer Helpers about relationship "red flags." While the focus was on trying to help teens think about what constitutes a healthy relationship, speakers stressed that help is available for teens who are experiencing abuse. Students received a wallet sized card that contains hotline numbers where they can find help.

The member agencies of the Maine Coalition to End Domestic Violence and the Maine Coalition Against Sexual Assault provide free, comprehensive school based education about teen dating violence as well as victim services to youth and their parents. A listing of all member agencies of both coalitions is attached.


National Teen Dating Violence Awareness and Prevention Week

Participating Schools

The American Bar Association has produced a Teen Dating Violence Awareness and Prevention Toolkit and has made 15 toolkits available to each state. 11 of these toolkits have been distributed to schools throughout Maine who will be using them in cooperation with local domestic violence and sexual assault school based educators. Please contact the designated person at the listed high school to find out how the Toolkit will be utilized by that school.

Caribou High School, Caribou
Allison Ladner
207-493-4260

Penquis Valley High School, Milo
Phil Brown
207-943-7346

Central Aroostook High School, Mars Hill
Sue Finland
207-425-2811

Scarborough High School, Scarborough
Patricia Conant
207-730-5024

Ellsworth High School, Ellsworth
Gil Jameson
207-667-4722 ext.3355

Thornton Academy, Saco
Caron Sabo
207-282-3361

Georges Valley High School, Thomaston
Martha Brown
207-354-2503 ext. 205

Wells High School, Wells
Nancy Cotty
207-646-7011 ext. 2218

John Bapst High School, Bangor
Colleen Grover
207-947-0313

Winthrop High School, Winthrop
Eric Turner
207-377-2264

Leavitt High School, Turner
Sarah Duchette
207-225-3533

While there were only a limited number of Toolkits to distribute throughout the State, State officials have notified all high schools about National Teen Dating Violence Awareness and Prevention Week and have encouraged schools to work with domestic violence and sexual assault school based educators in their area to address this important topic with their students.

CRYSTAL CANNEY, GOVERNOR'S PRESS SECRETARY, 207-287-3531 JESSICA MAURER, SPECIAL ASSISTANT ATTORNEY GENERAL, 207-626-8515

Maine And Four Other States Challenge U.S. Govt Over Constitutionality Of Medicare Drug Benefit

March 3, 2006

Attorney General Steve Rowe and Governor John Baldacci today announced that Maine joined four other states in challenging the constitutionality of provisions requiring states to pay part of the cost of the new Medicare Part D prescription drug benefit. The challenge was filed in the United States Supreme Court today. Ten other states joined in a brief supporting the five petitioning states.

The new Medicare Part D prescription drug benefit program took effect on January 1, 2006. It is administered by the United States Department of Health and Human Services, Centers for Medicare & Medicaid Services ("CMS"). The program provides optional outpatient prescription drug coverage to all Medicare beneficiaries, including individuals (known as "dual eligibles") who previously received prescription drug coverage under the states' Medicaid programs.

Congress shifted a large portion of the expense of this new federal program to the states. The new Medicare law requires that states contribute to financing the new prescription drug benefit for dual eligibles by remitting to the federal government the savings that Congress had anticipated states would realize from no longer providing prescription drug coverage for these individuals under their Medicaid programs. The payment has become known as the "clawback."

Based on the latest clawback payment amounts for Maine, the State is expected to pay $3 million more to CMS this fiscal year than we would have paid for the dual eligibles under MaineCare (Maine's Medicaid program). Next fiscal year, the additional cost is expected to be more than $17 million. By 2010, the additional annual amount is expected to total more than $35 million.

The states' lawsuit claims that the clawback scheme taxes the states and commandeers the state legislative power in violation of the Tenth Amendment to the United States Constitution. That amendment provides: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The lawsuit claims the clawback also violates the Guarantee Clause of the federal Constitution because it infringes upon essential functions of state government, and the autonomy of state government. The suit alleges that the clawback reduces the authority of state legislatures over their budgets and delivers that authority into the hands of agents of the federal government.

Attorney General Rowe said, "The clawback ignores the system of 'dual sovereignty' that is ingrained in our federal Constitution. Congress treats states as agents of the federal government, rather than as separate sovereigns in their own right."

Rowe noted that "The clawback requires state legislatures to collect, allocate, and remit state funds to the federal government to operate a purely federal program. This violates the intergovernmental tax-immunity doctrine grounded in the Tenth Amendment of our federal Constitution."

In comparing the Medicare clawback to state Medicaid payments, Rowe stated, "Congress may put conditions on the receipt of federal funds by states. A good example is the Medicaid program. State compliance with certain requirements is a condition for state participation in the Medicaid program and the receipt of federal Medicaid funding. In the new Medicare law, however, Congress commands that states pay certain amounts for a purely federal program. If those state payments are not made, the federal government can offset the amount owed against the states' share of the federal Medicaid funding that they would have received."

Governor Baldacci said, "We should not have to pay a clawback. It was a process that was supposed to save money but ended up costing states money."

The states challenging the clawback are Maine, Texas, New Jersey, Missouri and Kentucky. The states filing a brief in support of the challenge are Arizona, Alaska, Connecticut, Kansas, Mississippi, New Hampshire, Ohio, Oklahoma, South Carolina, and Vermont.

CHARLES DOW, ATTORNEY GENERAL'S OFFICE, 207-626-8577 CRYSTAL CANNEY, GOVERNOR'S OFFICE, 207-287-5086

AG, State Police Close Investigation Of 2003 New Sweden Poisonings; Conclude Bondeson Acted Alone

April 18, 2006

Today in Bangor, Assistant Attorney General William R. Stokes, Chief of the Criminal Division, and Colonel Craig A. Poulin, Chief of the Maine State Police, held a news conference at which Stokes read the following statement regarding the investigation of the 2003 New Sweden poisonings:

"On Sunday April 27, 2003, more than a dozen members of the Gustaf Adolph Lutheran Church in New Sweden, Maine, became very ill after consuming light refreshments and coffee at the conclusion of the morning worship service. Several members of the church, including Walter Reid Morrill, became ill and were admitted to the Cary Medical Center in Caribou.

"During the early morning hours of Monday, April 28, 2003, Walter Reid Morrill died. Physicians at the Cary Medical Center informed the Maine State Police that it was suspected that the affected members of the church had ingested a poison. Members of the church were interviewed and the common denominator appeared to be that everyone who had become ill had consumed coffee served at the conclusion of the morning worship service on April 27, 2003.

"On Monday, April 28, 2003, investigators from the Maine State Police and the Maine Bureau of Public Health responded to New Sweden to investigate the incident at the Gustaf Adolph Lutheran Church. The investigators recovered water samples and numerous items reportedly used in the preparation and serving of the coffee. These items were submitted to the Maine Bureau of Health and Environmental Testing Laboratory for analysis. "On Tuesday, April 29, 2003, detectives with the Maine State Police learned that extremely high levels of arsenic had been found to be present in a liquid coffee sample that had been collected from the church on April 27, 2003. Also on April 29, 2003, Dr. Michael Ferenc, Deputy Chief Medical Examiner for the State of Maine, performed an autopsy on Walter Reid Morrill. After receiving the results of the laboratory testing, he concluded that Mr. Morrill died as a result of acute arsenic poisoning and ruled the death a homicide. During the course of the investigation, the Maine Bureau of Health as well as a private lab - National Medical Services of Pennsylvania- conducted numerous laboratory tests. Those tests confirmed the following: the source of arsenic was in the brewed coffee. Tests done on the tap water, the sugar and unbrewed coffee found at the scene were all negative. Abnormally high levels of arsenic were also confirmed in biological samples from the surviving victims. The investigation into this case produced no evidence supporting the conclusion that the introduction of the substance (later determined to be arsenic) into the coffee was accidental.

"On Friday, May 2, 2003, detectives with the Maine State Police were dispatched to a shooting that had occurred at the Daniel and Norma Bondeson residence located at 113 Bondeson Road in Woodland, Maine. Upon arriving at the residence, officers found Daniel Bondeson, who had sustained a single gunshot wound. Mr. Bondeson was transported to the Cary Medical Center in Caribou where he later died. While at the Bondeson home, detectives observed a handwritten note on the kitchen table, which appeared to the authored by Daniel Bondeson. Based upon the contents of that note, investigators were satisfied that Mr. Daniel Bondeson was involved in the poisoning incident at the Gustaf Adolph Lutheran Church on April 27, 2003.

"On May 5, 2003, Dr. Michael Ferenc performed an autopsy upon Daniel Bondeson and determined that that cause of death was a gunshot wound to the chest. Dr. Ferenc ruled Daniel Bondeson's death to be a suicide.

"Following Daniel Bondeson's death, the investigation into the poisoning incident continued in an effort to determine whether persons in addition to Daniel Bondeson may have been involved.

"Through the Grand Jury process, we have now had the opportunity to examine evidence that was previously unavailable to us, but which we cannot disclose because of Grand Jury secrecy requirements. Based upon that previously unavailable information, and the information gathered through the investigation over the last three years, we have concluded that there is insufficient evidence at this time to believe that anyone other than Daniel Bondeson was involved in the arsenic poisoning at the Gustaf Adolph Lutheran Church in New Sweden, Maine on April 27, 2003.

"We are now satisfied that on the morning of Sunday April 27, 2003, Daniel Bondeson drove alone to the Gustaf Adolph Lutheran Church in New Sweden and there entered the kitchen while the members of the congregation were attending the worship service. While inside the kitchen, Daniel Bondeson poured an undetermined amount of liquid arsenic into the percolator and the brewed coffee. He then left the building.

"We are now satisfied that the source of the arsenic was a chemical container located at the Bondeson farm. That container has been recovered.

"We have met with members of the church and family members of the victims of the poisoning to give them an update on the investigation and our conclusions.

"No further investigative efforts are planned in connection with this case."

CHARLES DOW, ATTORNEY GENERAL'S OFFICE, 207-626-8577 STEVE McCAUSLAND, STATE POLICE, 207-626-3811 (office); 207-441-6216 (cell)

AG Files In State Court To Enforce Tobacco Settlement

April 19, 2006

Attorney General Steve Rowe today filed court papers against the nation's major tobacco companies asking the Kennebec County Superior Court to find that Maine diligently enforced the laws it passed under the 1998 tobacco settlement agreement and that it is entitled to its full annual payment of approximately $50 million. Some tobacco companies withheld approximately 18% of payments due and disbursed to the states this week. Maine received almost $44.5 million from the companies this week.

The companies claim that their withholding is based on the so-called Non-Participating Manufacturers (NPM) adjustment and last month's determination by an economic firm that the settlement agreement was a significant factor in the 2003 loss in market share experienced by cigarette manufacturers that joined the settlement agreement. The State contends that it is entitled to its full annual payment because it has diligently enforced laws requiring cigarette manufacturers that did not participate in the settlement to pay into escrow accounts.

Attorney General Rowe said, "The story of Maine's work on the tobacco settlement is a true success story, and we're anxious to tell the court about it and get our share of the money back. Maine has an impeccable record of upholding our end of the settlement agreement. Our enforcement has been more than diligent; it has been dogged and determined. In addition, the Maine Legislature responsibly allocated the money for health purposes, and Maine schools and communities have created strong partnerships that will have lasting public health benefits for Maine people."

Maine's success in tobacco prevention efforts was cited in today's court filing, authored by Assistant Attorneys General Peter LaFond and Christopher Taub: "Each year, the American Lung Association (the "ALA") evaluates each state on its efforts to protect the public from the hazards of tobacco products. In 2005, Maine became the first state ever to receive straight "As" in all of the ALA's categories."


Background info on the Non-Participating Manufacturer (NPM) Adjustment:

Under the Master Settlement Agreement (MSA) reached in 1998 between states and the "participating manufacturers" (now principally Philip Morris USA, Reynolds American, and Lorillard, plus many smaller companies), the participating manufacturers are required to make annual payments to the states in perpetuity. But payments are potentially subject to certain adjustments that can increase or decrease total payments, including the "NPM Adjustment."

Participating manufacturers potentially can reduce their payments under the MSA, if their market share of tobacco sales falls by a specified amount compared to their market share before the MSA agreement was executed. That is the provision under which Reynolds and Lorillard are withholding a share of their payments, and others (including Philip Morris USA) are disputing their payment amounts even though they paid in full.

However, the MSA also provides that no state's payment may be reduced if the state is found to have "diligently enforced" a state statute that requires other companies that did not sign the agreement (NPMs) to make payments as well. NPM payments go into an escrow account, based on tobacco sales, in approximately the same amount per cigarette as the payments required of participating manufacturers.

The rationale for state statutes requiring escrow payments by non-participating manufacturers is that companies who sell tobacco products but are not part of the MSA may not be around when the harmful health effects of their tobacco products appear. The funds in escrow would be available to meet potential legal obligations the companies could face later. (If there is no legal action or settlement or judgment against an NPM after 25 years, the escrow funds could be returned to the company.)

CHARLES DOW, ATTORNEY GENERAL'S OFFICE, 207-626-8577

AG Statement On John Doe Lawsuit Claiming Sex Offender Registry Is Unconstitutional

May 2, 2006

Last Wednesday, April 26, a convicted sex offender using the pseudonym John Doe filed a lawsuit against Kennebec County District Attorney Evert Fowle and Chief of the Maine State Police Colonel Craig Poulin claiming that Maine's Sex Offender Registration and Notification Act (SORNA) is unconstitutional. John Doe also filed a motion for a temporary restraining order in an effort to block the State from forcing him to register as a sex offender while his lawsuit is pending. Superior Court Justice Kirk Studstrup heard arguments on that motion Monday morning, and is expected to issue a ruling soon. The Attorney General's Office represents both State defendants and is defending the constitutionality of SORNA.

In response to several media inquiries, Attorney General Rowe issued the following statement on behalf of the State defendants:

"Maine's Sex Offender Registration and Notification Act is on firm constitutional ground. The Legislature has made it very clear that John Doe should be registered under the law, and it is not for prosecutors, law enforcement officers, or the courts to be making exceptions."

CHARLES DOW, ATTORNEY GENERAL'S OFFICE, 207-626-8577

Maine Joins Nine Other States In Suing Bush Administration Over Fuel Economy Standards

May 2, 2006

Today Attorney General Steve Rowe joined nine other state Attorneys General in filing a lawsuit challenging the Bush Administration's new fuel economy standards for SUVs and light trucks, alleging the rules fail to address the effects on the environment and global warming.

Rowe said, "It would be bad enough if this were just another case of large oil companies or automobile manufacturers directing federal fuel efficiency policies. Here, we also have the Bush Administration ignoring federal procedural requirements and proclaiming that states may not adopt the California new vehicle emission standards -- standards that are expressly authorized by the federal Clean Air Act."

"Gas prices are skyrocketing and autos are spewing harmful carbon dioxide emissions. Our federal government must do more than "talk the talk." If it can't "walk the walk," then it should get out of the states' way," said Rowe. Maine joined with nine other states, the District of Columbia, and the City of New York in filing the lawsuit in the U.S. Ninth Circuit Court of Appeals. The lawsuit alleges the National Highway Traffic Safety Administration (NHTSA), in adopting the fuel economy standards, violated the National Environmental Policy Act (NEPA) and the Energy Policy and Conservation Act (EPCA). Both federal laws require the government to determine the impacts of new regulations on fuel conservation and the environment.

The lawsuit's allegations mirror comments the plaintiffs submitted to NHTSA during the public review period on the rules. In a letter dated November, 2005, the plaintiffs said that NHTSA "failed to consider alternative approaches that would have promoted energy conservation, made meaningful contributions to increased fuel economy and encouraged technological innovation." In addition, the letter said, NHTSA failed to consider the environmental consequences of its proposed overhaul of light truck standards, failed to consider the changes in the environment since NHTSA last assessed the environmental effects of the standards in the 1980s, and failed to evaluate the impact of carbon dioxide ("CO2") emissions "despite identifying the threat of CO2 and global climate change as new information concerning the environment."

The letter also stated that the standards, which shift the miles-per-gallon requirements from a fleet-wide basis to a new structure based on weight categories, "create incentives to build larger, less fuel-efficient models, which will jeopardize air quality and the climate."

The final standards, issued in March, also contain an attempt by the Bush Administration to argue for federal preemption of California's landmark law requiring reductions in vehicle emissions that contribute to global warming. The published rules included a 52-page discussion, irrelevant to the standards, asserting only the federal government can regulate motor vehicle carbon dioxide emissions.

Joining in the lawsuit are Attorneys General from California, Connecticut, Maine, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island and Vermont. Also joining are the District of Colombia and the City of New York.

Maine's Bureau of Environmental Protection adopted the California new vehicle emission standards in December, 2005.

CHARLES DOW, ATTORNEY GENERAL'S OFFICE, 207-626-8577

AG & Dep Put York County Waste Gasoline Dumpers In Jail

May 5, 2006

Attorney General Steven Rowe announced today that the last of three men responsible for dumping waste gasoline on back roads in York County reported to jail this week. Ken Horne, age 58, formerly of D&D Auto in Lebanon, is serving a seven-day sentence in York County Jail for the class D crime of turning hazardous waste over to a person without a license. James Martin, age 47, of Jim's Auto Repair in Lebanon is currently serving 120 days for the class C crime of transporting hazardous waste without a license, and Maurice Ducharme, age 39, of Sanford served 45 days earlier this year for disposing of the hazardous waste without a license. The jail terms follow guilty pleas by all three defendants over the past several months. Waste gasoline is classified as a hazardous waste due to its flammability at low temperatures.

In November, 2004, the Maine Department of Environmental Protection (DEP) inspected D&D Auto, located on Route 202 in Lebanon. DEP staff identified and marked 40 55-gallon drums as containing hazardous waste and instructed D&D's owner, Ken Horne, that he could only dispose of the waste through a licensed hazardous waste transporter. On November 27, 2004, an anonymous call to law enforcement reported that two men were dumping waste from D&D on the back roads of York County using a van with dealer plates. The plates were registered to D&D Auto. Investigators also found that an officer at the North Berwick Police Department had encountered the same van on a back road in North Berwick on November 16, 2004. The van was transporting five empty drums, and its occupants were identified as Martin and Ducharme. The investigation eventually led to one of the dump sites, on the Mast Road in Alfred, and the waste was reportedly dumped on other back roads on at least two other occasions.

In addition to his jail sentence, James Martin is ordered to pay $1,000 toward the DEP's clean up costs at the Mast Road site, and is forbidden from contacting some of the State's witnesses, whom he is alleged to have threatened.

Attorney General Rowe said, "The days when the public and the State would ignore small-scale polluters are officially over. This case shows how the public and local and State officials will work together to nab polluters and preserve our land and water."

Attorney General Rowe commended the DEP staff for their efforts on the case.

CONTACT: LEANNE ROBBIN, ASSISTANT ATTORNEY GENERAL, 207-626-8581

Maine Wins In United States Supreme Court

May 15, 2006

The United States Supreme Court issued a unanimous decision today in S.D. Warren v. Maine Board of Environmental Protection affirming states' powers to enforce state water quality standards as part of the federal licensing of hydropower dams under the federal Clean Water Act. The decision is available here: http://www.supremecourtus.gov/opinions/05pdf/04-1527.pdf. S.D. Warren appealed from a unanimous ruling of the Maine Law Court issued in February, 2005, which is available here: http://www.courts.state.me.us/opinions/2005%20documents/05me27sd.htm Attorney General Steve Rowe, who argued the case before the U.S. Supreme Court, said, "The impact of this decision will be felt well beyond the State of Maine. This is a victory for states as the primary enforcers of the Clean Water Act. The decision will lay to rest any doubt that states have the primary role under the Act in restoring the chemical, physical and biological integrity of our nation's waters. "

Rowe stated that "The decision will benefit Maine people and our fish and wildlife resources for generations to come." Rowe also noted that he was particularly pleased that Justice Souter, in writing the opinion for the Supreme Court, quoted from Maine Senator Edmund Muskie, the principal author of the Clean Water Act, in emphasizing that the federal Clean Water Act preserved state authority to address the broad range of pollution in our nation's waters. "Senator Muskie would be very pleased to know that the Supreme Court kept faith with his intent that states should be able to develop and enforce their own water quality standards under the Clean Water Act." Rowe added, "I believe that we in Maine have a special duty to defend Senator Muskie's legacy of clean water and clean air protection. We are pleased that we succeeded in this case."

Rowe also noted that the decision is particularly important because it will allow states to move forward with efforts to restore the biological integrity of rivers and promote the recovery of anadromous fish populations (i.e., fish that migrate from oceans upstream in rivers to spawn) in rivers with hydroelectric dams.

Rowe praised the lawyers in his office who worked on the case, "Assistant Attorneys General Carol Blasi and Jerry Reid and Deputy Attorney General Paul Stern did the heavy lifting on this case. The people of Maine should be very proud of them." Rowe also praised the Maine Department of Environmental Protection for its assistance on the case. He particularly singled out Dana Murch, Dams and Hydro Director, for his help.

Supreme Court watchers anxiously awaited today's decision, believing that it would provide the first indication of how the newly-minted Court, with Chief Justice Roberts and Justice Alito, would view environmental and federalism cases. In fact, the oral argument was only the second that Justice Alito heard.

The Associated Press story describing the argument can be found here: http://www.newsvine.com/_news/2006/02/21/104985-alito-hears-his-first-supreme-court-cases?pp=1

JESSICA MAURER, ATTORNEY GENERAL'S OFFICE, 207-626-8515

AG Offers Advice To Fellow Veterans On Va Data Security Breach

May 24, 2006

Today Maine Attorney General Steve Rowe issued a statement to Maine veterans regarding the recent revelation of a security breach by U.S. Department of Veterans Affairs (VA) personnel. The breach occurred when a VA data analyst took home electronic data from the VA, and the data was stolen from the analyst's home.

The VA has announced that the stolen data contained identifying information including names, social security numbers, and dates of birth for up to 26.5 million living veterans from 1975 to the present and some spouses, as well as some disability ratings.

Attorney General Rowe warned veterans to be alert to the possibility of identity theft. "Identity theft is something that all Maine citizens should be concerned about. Due to this federal security breach, veterans should be particularly concerned," Rowe said.

Noting that both he and his wife are U.S. Army veterans, Rowe added, "My wife and I will be carefully monitoring our financial statements and credit reports. I encourage all other veterans to do the same."

Rowe urged veterans to take immediate steps to monitor their credit card, bank and other financial statements to ensure that no fraudulent charges occur.

Rowe also urged veterans to obtain and carefully review their credit reports.

Rowe advised that veterans (as well as other Mainers) can get a free copy of their credit report once every 12 months from each of the three nationwide consumer bureaus. This can be accomplished by requesting: (1) online at www.annualcreditreport.com; (2) telephonically at 1-877-322-8228; or (3) via mail to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281

Rowe advised that if veterans detect suspicious or unusual activity regarding their financial accounts, they should take the following actions:

  1. Contact the fraud department of one of the three nationwide consumer credit bureaus and request that a "fraud alert" be placed on the credit file and request that no new credit be granted without the person's express, personal approval. (As long as one of the credit bureaus are contacted, they will automatically contact the other two.) The toll-free numbers are 1-800-525-6285 (Equifax), 1-888-397-3742 (Experian) and 1-800-680-7289 (Trans Union).
  2. Close any accounts that have been tampered with or opened fraudulently.
  3. File a report with the person's local police or sheriff's office.
  4. File a complaint with the Federal Trade Commission (FTC) by calling toll-free at 1-877-ID-THEFT (1-877-438-4338).

Rowe also advised veterans that the Veteran's Administration and the Federal Trade Commission have a website (www.firstgov.gov) with information on the security breach. Veterans can also call 1-800-FED-INFO (1-800-333-4636).

JESSICA MAURER, SPECIAL ASSISTANT ATTORNEY GENERAL, 207-626-8515

Supreme Court Allows Maine Pharmacy Benefits Law To Stand

June 5, 2006

Attorney General Steve Rowe offered the following statement on the news that the United States Supreme Court today rejected a request by the pharmacy benefits management industry asking that the Court consider the constitutionality of a Maine law aimed at providing transparency and eliminating kickbacks in the lucrative but mysterious pharmacy benefits management business.

Rowe said, "The U.S. Supreme Court has finally slammed the door to legal arguments by the drug industry and the insurance industry against Maine's innovative PBM law. Today's denial of the writ of certiorari means greater transparency in the prescription drug business, and the end of secret kickbacks for PBMs. The result should be lower drug prices for Maine health plans and Maine workers."

Rowe praised the legislature for enacting the law and thanked Deputy Attorney General Paul Stern, Assistant Attorneys General Ronald Lupton and Andrew Black, and Research Assistant Alice Sproul for their exceptional defense of the statute.

For other press releases related to this case:

Charles Dow, Director, Communications & Legislative Affairs, 207-626-8577

AG Gives Domestic Violence Investigators Statewide Power

June 12, 2006

At a swearing-in ceremony today in Augusta, Attorney General Steve Rowe granted statewide jurisdiction to 12 domestic violence investigators from four district attorneys' offices, four sheriffs' offices, and three police departments. Rowe called the extension of jurisdiction for the investigators "another tool for you to use against the insidious problem of domestic violence in Maine." Rowe used the recently-issued report of the Maine Domestic Abuse Homicide Review Panel to highlight the destructiveness of domestic violence and the importance of the investigators' work. "Every 97 minutes, someone in Maine is the victim of a domestic assault. More than half of the homicides in Maine are cases of domestic violence. These cases are so explosive that your supervisors and I have agreed to expand your geographic reach so that your investigations will not have to stop at town or county lines. There are real social, cultural, and economic barriers to rooting out domestic violence, so it seems wise to remove all the artificial barriers we can," said Rowe.

Assistant Attorney General Lisa Marchese, a homicide prosecutor who also chairs the Maine Domestic Abuse Homicide Review Panel, thanked the investigators for their work and said, "This year's report is entitled ‘It's Everybody's Business' because domestic violence is a societal issue that requires a coordinated community response. By familiarizing ourselves with potential warning signs of domestic violence and educating ourselves on the resources available, we increase our society's ability to help victims. The duty to learn more and do more extends well beyond police and prosecutors, it extends to other government officials, family members, teachers, employers, co-workers, friends, neighbors -- everyone in the community can help." Marchese highlighted Appendix E of the report, which is called 'What You Can Do.' That section is reprinted below.

The Maine Domestic Abuse Homicide Review Panel's report is available online at http://www.maine.gov/ag/index.php?r=crimeandvictims&s=domesticviolence&t=

The officers sworn in as domestic violence investigators today are:

Steve Edmondson
Office of the District Attorney
Bath

Robert Hinkel
Office of the District Attorney
Augusta

James Ross
Office of the District Attorney
Skowhegan

Paul Stewart
Office of the District Attorney
Waterville

Steve McFarland
Office of the District Attorney
Ellsworth

Scott Arno
Office of the District Attorney
Dover-Foxcroft

Jon C. Allen
Lincoln County Sheriff's Office
Wiscasset

Frank Gardner
Washington County Sheriff's Office
Machias

Hart Daley
Lewiston Police Department
Lewiston

John Preston
Pleasant Point Police Department
Perry

Jill Potvin
Cumberland County Sheriff's Office
Portland

Steven Thistlewood
York County Sheriff's Office
Alfred

What You Can Do

The following is an excerpt from MCEDV's website. For more information please visit them at mcedv.org.

Learn More

Contact your local domestic violence project for more information and material.

Educate yourself by attending conferences about domestic violence Speak Out About Domestic Violence and Abuse

Display information about your local domestic violence project and domestic abuse in your workplace, church, library or other community meeting places. If you see or hear a battering incident occurring, call 911 to involve law enforcement.

When you see or hear signs of domestic abuse, sexism, racism, homophobia or ageism, talk to the person exhibiting the behaviors, if it is safe for you to do so. If you hear a comment or observe a behavior that concerns you, say "I don't appreciate that".

Challenge the media. Write to music producers, movie companies Internet businesses, video game producers, and TV stations to speak out about violence against women.

Write a letter to the editor of your local paper describing the problem of domestic violence in your community and offer suggestions for how people can become part of the solution.

Call or e-mail your local representatives. Encourage them to vote for domestic violence funding or special issues.

Tell Others About Domestic Violence Project's Services

Invite domestic violence prevention educators to speak to your school, church, community group or business.

Donate Money Or Items To Your Local Domestic Violence Project

Many domestic violence projects have wish lists. Contact your local project.

Contribute Services and Talents to Your Local Domestic Violence Project

Encourage your workplace to "adopt" the local domestic violence project by donating money and allowing employees time off to volunteer.

Victims/Survivors benefit from the donation of professional services such as haircuts.

Volunteer for your local domestic violence project.

Become a member of a local domestic abuse task force, domestic violence project board or steering committee.

Attend Events to Raise Awareness About Domestic Violence

Recognize October as Domestic Violence Awareness Month

Attend an awareness event that has already been planned, or organize your own event.

Teach Children

Educate children about positive ways to resolve conflict and healthy relationships.

Reach Out To Someone You Are Concerned About

If you have a friend, family member, or co-worker whom you think may be experiencing domestic violence or abuse, approach that person in a non-judgmental way and let them know that you are concerned. Offer information about your local Domestic Violence Project. The most important thing is to listen, believe, and support a victim.

Seek Support For Yourself

If you become frightened or frustrated by someone else's situation, consider calling your local Domestic Violence Project yourself. Advocates are trained and prepared to speak to anyone concerned about their own situation, or the situation of another.

Be An Example

Make a commitment to the cause and let others know of your beliefs. Talk to your friends and neighbors when they belittle women or make a joke about violence.

Charles Dow, Director, Communications & Legislative Affairs, 207-626-8577

Ag Finds Sanford Officers Justified In May 26 Shooting

June 28, 2006

JUNE 28, 2006 CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

Attorney General Steven Rowe announced today that two Sanford police officers, Scott Foisy and Richard Bucklin, were legally justified when they shot and wounded Jillian Christensen Daniels, 26, in Sanford in the early morning of May 26, 2006.

The Attorney General's investigation focused on the issue of whether the use of deadly force by the officers in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer's public duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat of unlawful deadly force. Attorney General Rowe determined, based on the investigation conducted by his office and the application of controlling Maine law, that Officers Foisy and Bucklin actually and reasonably believed that unlawful deadly force was being imminently threatened by Jillian Christensen Daniels against them and that the use of deadly force on their part was necessary to thwart that threat. Therefore, both requirements of the law having been met, the use of deadly force by Officers Foisy and Bucklin was legally justified.

The Attorney General reported the following findings from his office's investigation:

The Sanford Police Department was notified that a New Hampshire warrant charging armed robbery had been issued for the arrest of Jillian Christensen Daniels of Sanford. Investigation by the department established Daniels' likely whereabouts as a residence in Sanford. During the late evening hours of May 25, 2006, two officers in plain clothes conducting surveillance observed Daniels in the residence. Thereafter, a uniformed officer attempted to make contact with Daniels. The officer's knock at the door was met with lights in the residence being extinguished. It became obvious to the officers that Daniels was attempting to conceal her presence in the residence. Given the particular circumstances, the Special Response Team of the Sanford Police Department was summoned. Among other things, members of the team are specially trained to execute arrest warrants. The team also includes negotiators.

Further investigation established that Daniels' grandmother and husband were in the residence with her. It was also established that there was an outstanding arrest warrant for Daniels' husband. A negotiator spoke by telephone with the grandmother, who declined to leave the residence and denied that there were any firearms in the residence. The negotiator, as well as members of the Special Response Team, overheard two women in the residence, believed at the time to be the grandmother and Daniels, arguing. Thereafter, the negotiator spoke briefly with Daniels by telephone; Daniels claimed to have a loaded rifle and that the rifle was in her mouth. In the same conversation, Daniels referred to the firearm as a shotgun. At about the same time, a member of the Special Response Team observed Daniels armed with what the officer believed to be a rifle and heard the sound of what he believed to be the action being worked on a long-barreled gun. Another officer observed Daniels, holding what appeared to be a rifle or a shotgun, arguing with a man later determined to be her husband.

Daniels told the negotiator several times that she was going to kill herself; she also told the negotiator that she would engage the police with her weapon so that they would respond by shooting her. Other officers also heard these statements from their positions outside the residence.

Officers Foisy and Bucklin were among members of the Special Response Team who took up positions outside the residence. At one point, Officer Bucklin heard Daniels through an open window tell the negotiator on the telephone that she was armed and intended to kill herself. Bucklin also heard Daniels tell the negotiator that she would shoot herself if the police attempted to enter the residence. Bucklin then overheard Daniels tell the negotiator that she was going to walk out onto a second floor roof and that if she saw police officers, she was going to shoot them. Daniels stepped out of a second story window onto a flat roof at the rear of the residence. Her position placed her in close proximity to Officers Foisy and Bucklin, who were positioned near the residence on the ground. Officers illuminated Daniels and observed her armed with what appeared to be a shotgun. Officer Bucklin and other officers issued commands for Daniels to relinquish the weapon. Daniels responded by walking to the edge of the roof closest to Officers Foisy and Bucklin. At a distance of 10-12 feet, Daniels pointed the weapon at Officer Bucklin while looking directly at him. Both Officers Bucklin and Foisy shot at Daniels. Later investigation determined that the officers discharged a total of seven rounds.

Daniels was struck by gunfire in the right shoulder. She fell to the roof and was immediately provided first aid by two other officers. Daniels was later transported by emergency medical personnel to the Maine Medical Center in Portland for treatment. Thereafter, she was charged by the York County District Attorney with criminal threatening, as well as the offense of creating a police standoff. After an arraignment on those charges, Daniels was transferred to the custody of the Hillsborough County Sheriff's Office in New Hampshire.

Detectives from the Office of the Attorney General went to the scene of the shooting in Sanford to conduct the investigation. They were assisted in the investigation by detectives from the State Police, as well as personnel from the State Police Crime Laboratory. The Sanford Police Department cooperated fully with the investigation and is conducting its own departmental review of the incident.

AG Finds Trooper's Use Of Deadly Force In Jay Legally Justified

July 13, 2006

Attorney General Steven Rowe announced today that a State Police officer, Trooper Randall Keaten, was legally justified when, while acting in the performance of his public duty, he shot and wounded William C. Burhoe, age 50, the night of June 6, 2006, outside Burhoe's home on the Macomber Hill Road in Jay.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Trooper Keaten in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer's public duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person or at a moving vehicle is deadly force under Maine law.)

Attorney General Rowe determined that, based on the investigation and legal analysis conducted by his office, Trooper Keaten actually and reasonably believed that unlawful deadly force was being used by Burhoe against him, and that others in the immediate vicinity were imminently threatened with death or serious bodily injury by the actions of Burhoe. Further, based on the investigation and legal analysis, Attorney General Rowe determined that Trooper Keaten actually and reasonably believed that deadly force on his part was necessary to protect himself and to counter the imminent threat against others.

The Attorney General reported the following findings from his office's investigation:

On Tuesday, June 6, 2006, at 8:53 P.M., the Franklin County Sheriff's Office received a 911 call from a man who reported that he had been assaulted and later shot at by his father, William Burhoe, on the Macomber Hill Road in Jay. The son reported that he had left the residence on foot after being assaulted by Burhoe and that he was down the road about a quarter mile from the residence when Burhoe discharged a rifle. The son was not certain at that point if his father had actually fired the rifle at him. He told the 911 dispatcher, however, that Burhoe was in a pickup truck with a rifle looking for him. Officers from the Jay Police Department and the Franklin County Sheriff's Office responded to the call. A deputy spotted the pickup truck in the yard of Burhoe's residence on the Macomber Hill Road. The deputy then saw a person standing behind the Burhoe residence carrying something. Officers blocked the roadways near the residence on both the Macomber Hill Road and an intersecting road. Other officers, including Trooper Keaten, arrived shortly thereafter.

A second trooper, Scott Nichols, illuminated the area behind the Burhoe residence. Officers saw a man, later identified as William Burhoe, standing behind the Burhoe residence with a rifle. Trooper Nichols issued repeated commands to Burhoe to relinquish the gun. Burhoe refused to put down the gun, verbally challenged the officers as to their authority, and shouted obscenities at them.

During the exchange between Trooper Nichols and Burhoe, a motorist drove down the intersecting Farrington Road to a point near the driveway of Burhoe's residence. Two deputies and a Jay officer were near this area. The troopers, as well as Deputy Steve Charles, observed Burhoe raise the gun to his shoulder and aim it directly at Deputy Charles and the motorist. Deputy Charles succeeded in getting the uninvolved motorist out of the area.

In response to this threatening behavior by Burhoe, Trooper Keaten made his way to a corner of the Burhoe residence about 45 feet from where Burhoe continued to stand with the rifle. Trooper Keaten illuminated Burhoe with a flashlight and commanded Burhoe to drop his weapon. Burhoe responded by turning in the direction of Trooper Keaten and firing his rifle at him just as Trooper Keaten ducked behind the corner of the house. The round entered and exited the corner of the house where Trooper Keaten was standing. Debris and splinters struck Trooper Keaten. Trooper Keaten returned fire with one round from his service weapon, which struck Burhoe in the upper leg. Burhoe fell to the ground and yelled that he was "giving up."

Burhoe was administered medical aid at the scene and later taken to the Central Maine Medical Center in Lewiston for treatment. The District Attorney's Office in Franklin County has lodged criminal charges against him.

Six detectives from the Attorney General's Office went to the scene of the shooting to conduct an investigation. They were assisted in the investigation by detectives and forensic specialists from the State Police. The State Police cooperated fully with the investigation, and conducted its own review of the incident.

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

AG Rowe Files Civil Rights Action Against Lewiston Man For Throwing Pig's Head Into Mosque

July 20, 2006

JAttorney General Steven Rowe announced today that his office has filed an action under the Maine Civil Rights Act against Brent Matthews, 33, of Lewiston as a result of Matthews' targeting Somali and Muslim residents by intentionally throwing a frozen pig's head into a mosque located at 21-23 Lisbon Street in Lewiston on July 3, 2006. The complaint alleges that Matthews' action was motivated by his bias against the mosque members for their race, color, ancestry, national origin and religion. The complaint was filed in Superior Court in Auburn and requests that the court order Matthews not to have any contact with the mosque or its members, and to obey the Maine Civil Rights Act.

The complaint alleges that Matthews' throwing the pig's head into the mosque was a threat of violence directed at the members of the mosque, interfered with the members' First Amendment right to freedom of religion and resulted in property damage. Pork is the dirtiest and most vile substance in Islamic culture. The threat communicated by the pig's head being thrown into the sanctuary of the mosque caused some of the worshipers to flee. The pig's head is considered so vile in Islamic culture that the worshipers themselves were prohibited by religious doctrine from touching it or picking it up. In the days following the July 3 invasion, there was a marked decrease in the number of worshipers attending prayers at the mosque. In order to increase the worshipers' feeling of safety, members of the mosque took additional security measures to prevent further incidents of invasion.

Members of the mosque closed the front and back entryways to the mosque, even though the summer temperatures were high, to prevent non-worshipers from gaining entry to the mosque. Although the number of worshipers at the mosque is returning to normal, the sense of fear about "what could happen next" persists. The mosque was also damaged because fluid from the pig's head leaked onto the carpeted floor of the mosque. In accordance with Islamic religious practice, the area of the carpet that was desecrated by the pig had to be washed and cleaned seven times.

Attorney General Steve Rowe said, "The right to practice one's chosen religion is a bedrock principle upon which this nation was founded. It is deeply troubling to see that right interfered with in such a clear and heinous way on the evening before we celebrated the anniversary of our birth as a nation. One only need listen to the members of the mosque to realize the pain that this incident caused and the fear that it fostered.

"As a civil society and one governed by the rule of law, it is our obligation to take the legal steps necessary to make sure that Maine people who practice Islam and people of all other faiths feel completely free and safe to worship without violent interference from others. Hopefully, this step will help the healing process."

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

AG Wins Round In Fight For Great Northern Paper Workers' Severance Pay

July 27, 2006

Attorney General Steve Rowe today announced that the Superior Court in Kennebec County has ruled that the Maine Department of Labor can proceed with efforts to collect severance pay for over 1,000 former Great Northern Paper (GNP) workers. The Attorney General and Inexcon Maine, Inc., as parent company of GNP, have been locked in litigation for two years over the meaning of terms in Maine's severance pay law including "covered establishment," "employer," "physical calamity," and "adjudicated bankruptcy." In a thirteen page decision dated yesterday, Justice Marden resolved all issues in favor of the State.

Attorney General Rowe said, "I'm thrilled to finally be able to report to the workers that this case is on track. We are moving in the right direction." Rowe cautioned, however, that the victory is merely legal at this point, and that no money has yet been recovered for workers. "We needed this ruling to get to the next round, but we expect more fighting before checks get written. All I can promise is that we will keep fighting to get what the workers deserve."

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

Magistrate Recommends Upholding Maine Law Prohibiting Direct Shipment Of Wine

July 28, 2006

Attorney General Steve Rowe today announced that U.S. Magistrate Judge Margaret J. Kravchuk has issued a recommended decision upholding the State's prohibition on direct shipment of wine. Oregon winery Cherry Hill Vineyard and Hampden resident Philip Brooks filed a lawsuit challenging the law in U.S. District Court in Maine last year after the U.S. Supreme Court found that New York and Michigan laws violated the Commerce Clause of the U.S. Constitution by treating direct shipment of wine by in-state wineries differently from those by out-of-state wineries.

The Attorney General argued that the purpose and effect of the Maine law prohibiting direct shipments of alcohol was to prevent youth access to alcohol and that wineries were treated the same, regardless of their location. In the past few years, Attorney General Rowe has led Maine community efforts to reduce youth interest in and access to alcohol, and to help alert Mainers to new research on the dangerous effects of alcohol on the adolescent brain. Magistrate Judge Kravchuk agreed, writing in a 19-page opinion:

I do not think this proposition really deserves any protracted discussion. If the requirement of "face-to- face" or "on-premises" transactions were applied to an innocuous article of interstate commerce such as clothing, which is not subject to any age restriction or other public health restriction (let alone the Twenty-first Amendment), then it would be difficult to understand what rational basis might exist for prohibiting mail order purchases. But here the patently obvious circumstances are that the subject matter of the statutory scheme is wine, wine is an alcoholic beverage that is contraband when placed in certain minors' hands, and the State has concluded that mail order transactions cannot reliably be policed in order to protect certain minors from themselves. (At page 18)

[Note: The 21st Amendment to the U.S. Constitution repealed prohibition and granted to the states considerable power over alcohol regulation.]

Attorney General Rowe said, "The more I learn about the dangerous and lasting effects of alcohol on teenagers, the more strongly I feel about defending the Legislature's excellent work on preventing youth access to alcohol by outlawing direct shipments."

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

Commissioners And AG Announce New Effort To Curb Underage Alcohol Sales

August 9, 2006

Public Safety Commissioner Michael Cantara, Attorney General Steven Rowe and Health and Human Services Commissioner Brenda Harvey today announced a contract with the Maine Sheriffs Association to conduct statewide compliance inspections of retail liquor licensees. The inspections will assure that stores that sell alcoholic beverages comply with the law to ID anyone age 27 or under and refuse sales to anyone under 21 or those that fail to present valid identification.

The contract, funded by a grant from the Office of Juvenile Justice and Delinquency Prevention awarded to the Maine Department of Health and Human Services, Office of Substance Abuse, will be administered by the Attorney General's Office on behalf of the Department. Enforcement authority is extended to the Maine Sheriffs Association by the Department of Public Safety and direct program administration will be overseen by the Maine State Police, Liquor Licensing Unit.

The Maine Sheriffs Association has conducted inspections of tobacco sellers under contract with the Department of Health and Human Services since 1997 as part of the State's comprehensive tobacco prevention program. During that time the state has seen a 50% decline in youth smoking.

Public Safety Commissioner Cantara said, "This contract will greatly expand the resources we have to deal with underage drinking. We have been working with many local police departments to address alcohol related violations and this contract compliments those efforts and will allow statewide enforcement with agents experienced in underage sales laws. Store owners and managers should take this effort seriously and train their employees to obey the law. Violators will face fines and could lose their licenses if they do not comply with the law."

Attorney General Rowe added "It is imperative that we keep alcohol out of the hands of children. Youth drinking is a major pediatric health crisis that has devastating consequences for our children, communities and economy. We now know that alcohol can cause serious damage to a child's developing brain and so we must do more to ensure that children do not drink. Maine has had great success in lowering underage tobacco use through similar enforcement efforts. We believe this initiative to prevent underage alcohol sales will be successful at slowing the flow of alcohol to our children."

Health and Human Service Commissioner Harvey said, "Our efforts to combat substance abuse are enhanced by cooperative efforts like this among agencies and law enforcement. Combined with the community work being done to educate the public by the Office of Substance Abuse and many local and statewide advocates, we look forward to positive results from these efforts."

JOHN ARCHARD, TOBACCO ENFORCEMENT COORDINATOR (207) 626-8837
STEVE MCCAUSLAND, DEPT OF PUBLIC SAFETY SPOKESMAN (207) 626-3811

State Enters Into Consent Decree With The Gentle Wind Project For Deceptive Practices And Violations

August 14, 2006

Attorney General Steven Rowe announced today that the State has entered into a consent decree with The Gentle Wind Project, a Kittery-based charitable organization, and six named defendants (collectively, "GWP") who served as officers or directors for many years. The consent decree resolves violations of the Maine Unfair Trade Practices Act relating to GWP's claims about its so-called "healing instruments," and violations of law relating to the mismanagement of the charity and its funds by those who held positions of fiduciary responsibility.

The "healing instruments" were manufactured and distributed by GWP from designs that allegedly came from the "Spirit World" via telepathic impressions received by the charity's founder, John Miller. GWP claimed that the instruments repair a person's "etheric," or invisible energetic structure, which then improves one's emotional, mental, and even physical functioning. The instruments were sold to consumers via GWP's website and through "seminars" for requested "donations" of often hundreds or thousands of dollars, depending on the design. The research that GWP claimed to have done on the instruments does not support their alleged benefits. The Unfair Trade Practices Act, as interpreted by the Federal Trade Commission and the federal courts, requires that any express or implied health claims be substantiated by objective and reliable scientific evidence. In the absence of such evidence, the claims are deceptive.

The named defendants have agreed to pay civil penalties and costs and to an injunction that prohibits them from making certain health and research claims about the "healing instruments" or from serving as fiduciaries or advisors for any other Maine nonprofit. The parties have also agreed that GWP will be dissolved, and its remaining assets distributed by the Attorney General as restitution to consumers who purchased a "healing instrument" since 2003 and to a Maine charity whose charitable mission is to provide services to those with mental health disabilities.

"We believe that this is a just resolution of the violations of law committed by the defendants. People who give money to a Maine charity should be able to trust in its integrity, and in the integrity of those who are charged with its operation. This charity damaged the public's trust and it should not be allowed to continue," Rowe said.

The consent decree and order that were filed in the York County Superior Court late last week will become final once approved by the Court. Attorney General Rowe praised Assistant Attorney General Carolyn Silsby for her work in the case.

CAROLYN A. SILSBY, ASSISTANT ATTORNEY GENERAL, (207) 626-8829

Attorney General Rowe Receives, Releases Independent Report On Allegations Of Misconduct In Dechaine

August 21, 2006

Attorney General Steve Rowe today released the report he received Saturday from Retired U.S. Magistrate Judge Eugene Beaulieu, Attorney Charles Abbott and Attorney Marvin Glazier in response to Rowe's request that they conduct an independent and impartial review of allegations of law enforcement and prosecutorial misconduct in the trial of Dennis Dechaine for the 1988 murder of Sarah Cherry. The report may be accessed at: http://www.maine.gov/ag/dynld/documents/glazierreport.pdf

The report to Rowe concludes, "[W]e find that none of the allegations set forth to us in your letter dated October 23, 2004, have any substantive merit." The report sets forth the reasons for this finding.

In his 2004 letter to the three requesting the review, Rowe said that his reason for requesting the review was "to ensure continued public confidence in the Office of the Attorney General as well as other law enforcement agencies in the State of Maine."

Today Rowe said, "I am satisfied and I hope that reasonable Maine people will be satisfied that Dechaine's conviction was not the result of police or prosecutorial misconduct."

Rowe added, "I would like to publicly thank Magistrate Judge Beaulieu and Attorneys Abbott and Glazier for the substantial time and effort that they devoted to conducting the independent review."

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

New Law Requires Home Construction And Repair Contracts To Include Attorney General's Warnings And

September 1, 2006

Attorney General Steve Rowe today announced that updates to the Attorney General's website will make it easy for home building and repair contractors to comply with a law that becomes effective today and requires them to include consumer protection information as an addendum to contracts for $3,000 or more. Contractors can simply print and attach the page available here: http://www.maine.gov/ag/index.php?r=protection&s=construction&t The new law also requires a change in the wording of home construction contracts to include "A clear and conspicuous notice that states that consumers are strongly advised to visit the Attorney General's publicly accessible website to gather current information on how to enforce their rights when constructing or repairing their homes, as well as the Attorney General's publicly accessible website address and telephone number."

Accordingly, the Attorney General's Office has revised its model contract. It is available at http://www.maine.gov/tools/whatsnew/index.php?topic=AGOfficeConsumerLaw_Guide&id=27938&v=article . The new law requiring the information is available at: http://janus.state.me.us/legis/ros/lom/lom122nd/16pub601%2D650/pub601%2D650%2D20.htm

For context, the existing Home Construction Contracts Act, which the new law amends, is available here:

http://janus.state.me.us/legis/statutes/10/title10ch219-A.rtf

Attorney General Rowe believes that the new law will help more people to recognize that home construction and repair contractors are not licensed or regulated in Maine, and that they bear a lot of responsibility for protecting themselves in dealing with contractors. He recommends that consumers:

  1. Ask for several references and check them;
  2. Ask local building supply companies for the names of good contractors in the area;
  3. Ask for a written contract (the law requires one for contracts over $3,000);
  4. Ask that subcontractors waive in writing their rights to lien your property; and
  5. Understand how and when loan proceeds will be disbursed, if the project is loan-financed.

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

AG, PUC, Ask Court To Dismiss Bush Administration Suit That Calls Verizon Statements "State Secret"

September 21, 2006

Attorney General Steve Rowe today filed court papers on behalf of the Maine Public Utilities Commission (MPUC) in U.S. District Court in Bangor arguing that the federal government's lawsuit against MPUC should be dismissed because it does not meet the criteria for a federal lawsuit, and it does not involve any secrets, let alone "state secrets."

On August 9, 2006, the MPUC attempted to resolve citizen complaints against Verizon alleging breach of customer privacy. The MPUC ordered Verizon to provide sworn affirmations of the truthfulness of seven representations that it made in its press releases that were filed with the MPUC. These seven statements are:

Verizon was not asked by NSA to provide, nor did Verizon provide, customer phone records from any of its businesses, or any call data from those records.

None of these companies-wireless or wireline-provided customer records or call data.

Verizon's wireless and wireline companies did not provide to NSA customer records or call data, local or otherwise.

Verizon will provide customer information to a government agency only where authorized by law for appropriately-defined and focused purposes. When information is provided, Verizon seeks to ensure it is properly used for that purpose and is subject to appropriate safeguards against improper use. Verizon, does not and will not, provide any government agency unfettered access to its customer records or provide information to the government under circumstances that would allow fishing expeditions.

Verizon acquired MCI, and Verizon is ensuring that Verizon's policies are implemented at that entity and that all its activities fully comply with the law.

On August 21, the federal government sued Verizon and the MPUC, claiming that the MPUC inquiry threatened to divulge "state secrets" concerning the administration's warrantless wiretapping and telephone call data mining programs.

In his 18-page motion to dismiss, Attorney General Rowe points out that the MPUC has only asked Verizon to verify and affirm Verizon's own prior, public statements, which Verizon filed in press release form with the MPUC. Attorney General Rowe said, "The Maine PUC has ordered Verizon to affirm the truthfulness of statements the company filed with the PUC and made in public press releases. These statements are certainly not "state secrets." In fact, they are not secrets at all."

Maine Public Utilities Chairman Kurt Adams said, "We received complaints from Maine citizens understandably concerned that their phone records and phone conversations may have been divulged to the United States government without a warrant, and without any judicial oversight. As a result, we required that Verizon confirm statements it made to us and the public denying that it had provided records to the federal government. The response from the federal government? They sued us."

Adams said, "We intend to protect the rights of Maine citizens in federal court and to fight the intrusion of the federal government into the integrity of our process."

The Attorney General also argues that the federal court does not have jurisdiction over the case because the case does not "arise under" federal law, but rather seeks to assert the federal evidentiary privilege that protects state secrets from disclosure. The Attorney General's motion cites case law that requires evidentiary questions to be decided in the proceedings in which they arise. Therefore, the proper forum for the federal government to assert the privilege would be in the MPUC proceedings, with a possible appeal to the Maine Law Court.

The Attorney General points out that the federal government did not properly invoke the state secrets privilege in this case, because the filed declarations of Lieutenant General Keith Alexander and John Negroponte refer to another court case involving a different phone company and very different facts, and do not meet the requirements of the federal case law on the privilege.

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

AG Finds Shooting By Portland Police Officer Legally Justified

November 9, 2006

Attorney General Steven Rowe announced today that a Portland police officer, Sgt. Robert Martin, was legally justified when he shot and killed Richard "Cali" Duncan, 26, the night of August 25, 2006, in Portland.

The Attorney General's investigation focused on the issue of whether the use of deadly force by the officer in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force in the performance of the officer's duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person or at a moving vehicle is also deadly force under Maine law.) Attorney General Rowe determined that, based on the investigation and legal analysis conducted by his office, Sgt. Martin actually and reasonably believed that unlawful deadly force was imminently threatened by Duncan against Martin, as well as other officers in the immediate vicinity who were assisting Martin in attempting to take Duncan into custody. Further, based on the investigation and legal analysis, Attorney General Rowe determined that Sgt. Martin actually and reasonably believed that deadly force on his part was necessary to protect himself and others in countering the imminent threat against them.

The Attorney General reported the following findings from his office's investigation:

Shortly before 11:00 P.M., on August 25, 2006, the Portland Police Department received a citizen's report of suspected narcotics trafficking taking place at or near the intersection of Pleasant and Forest Avenues in Portland. The citizen caller provided specific information regarding one of two vehicles associated with this suspicious activity. The registered owner of that vehicle was well known to the Portland officers on duty at the time. A number of those officers interdicted the vehicle, a green Jeep, on Cumberland Avenue in Portland. The driver was also a person well known to the Portland officers. There were five active warrants for the arrest of the driver. In addition, the driver was found to be in possession of crack cocaine, he was operating after license suspension, and his passenger, the owner of the vehicle, was in violation of bail conditions.

Shortly after this first group of Portland police officers had contact with the occupants of the green Jeep, a second group of officers encountered a vehicle situated near the intersection of Pleasant and Forest Avenues in Portland. The vehicle, a 1987 Oldsmobile Cutlass, had previously been identified by the citizen caller as having been part of the suspected drug trafficking. There were two others in the parked vehicle, both women, ages 21 and 41.

The second group of Portland police officers, five in all led by Sgt. Martin, began to interact in varying order and degree with the occupants of the Oldsmobile. The other officers were David Argitis, Joseph Bliss, William Stratis, and Jeffrey Tully. The focus of the officers' initial investigative action was to determine the identity of the three individuals in the Oldsmobile and determine if there was evidence that they had engaged in illegal narcotics trafficking.

While the five officers at the second vehicle stop were engaged in their preliminary contact with the occupants of the Oldsmobile, the officers on Cumberland Avenue were conducting the arrests of the two occupants of the green Jeep. As a result of these arrests, it was learned the male occupant of the Oldsmobile was a person known as "Cali," (later identified as Richard W. Duncan). It was further learned that the driver of the Jeep had purchased the crack cocaine in his possession from Duncan, and that there was likely a firearm in Duncan's possession or within the Oldsmobile. This information was transmitted by police radio to the second group of officers. After receiving this information, Sgt. Martin directed the officers to remove the occupants of the Oldsmobile in order to conduct a threat assessment.

The two women in the Oldsmobile offered no resistance. Duncan, however, exhibited unusual behavior in an apparent attempt not to be identified and then became physically combative with the officers.[1] Sgt. Martin attempted to conduct a pat-down search of Duncan. Duncan, though, actively resisted this attempt, both verbally and physically, which included his kicking one of the officers. At that point, Sgt. Martin directed that Duncan be arrested for his assaultive conduct.

Standing at the rear of the Oldsmobile, Sgt. Martin and two other officers attempted to physically control Duncan in an attempt to handcuff him. At the same time, Sgt. Martin noted that Duncan kept his right hand clenched in a fist. The fact that nothing was being concealed in Duncan's right hand did not become apparent until Sgt. Martin, still at the trunk of the Oldsmobile with two other officers trying to handcuff Duncan, observed Duncan take from his person with his right hand a small semi-automatic pistol. Responding to the presence of a firearm in Duncan's hand, Sgt. Martin wrestled with Duncan to prevent him from firing the weapon. This resulted in Sgt. Martin and Duncan, as well as two other officers, all falling to the pavement to rear of the Oldsmobile.

Once on the ground, the officers attempted to disarm Duncan, who was positioned face-down on the pavement. Duncan continued to aggressively resist the officers. During this struggle, Sgt. Martin used his chest to pin down Duncan's right hand and soon thereafter felt what he believed to be Duncan attempting to fire the pistol. All attempts up to that point to disarm Duncan or to otherwise control or restrain him had failed. Sgt. Martin yelled more than once, "He's trying to shoot me" or words to that effect. While atop Duncan's lower body and in fear of being shot by Duncan, Sgt. Martin drew his service weapon and brought it to bear at Duncan's lower back. Martin gave verbal warnings of his intent to shoot Duncan and, finding that this resulted in no cessation of the combat between Duncan and the officers, he discharged his firearm once into Duncan's lower back. Recovered by the officers immediately thereafter was the firearm that had been in Duncan's hand, a .25 caliber semi-automatic pistol.

Duncan was treated at the scene by emergency medical personnel and transported to the Maine Medical Center in Portland where he died shortly after as a result of the gunshot wound.

From the time the police initially encountered the Oldsmobile near Pleasant and Forest Avenues to the time Duncan was shot by Sgt. Martin was eight minutes.

Autopsy results from the Maine Chief Medical Examiner's Office showed that Duncan had cocaine in his blood when he died.

Five detectives from the Office of the Attorney General went to the scene of the shooting to conduct the investigation. They were assisted by detectives from the Portland Police Department, as well as forensic specialists and the Office of the Chief Medical Examiner. In addition to several police officers, several citizens were interviewed as part of the investigation, as well as the individuals with Duncan in the Oldsmobile, and the two persons arrested in the green Jeep. The Portland Police Department cooperated fully with the investigation, and conducted its own departmental investigation and review of the incident.

[1] Had Duncan been identified at this initial stage, a wanted person check would have informed the officers of an outstanding arrest warrant for Duncan issued by the Maine Superior Court in Bangor. The warrant directed that Duncan be held without bail and authorized nationwide extradition.

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

AG Finds That October Use Of Deadly Force By South Portland And Portland Police Was Legally Justifie

November 30, 2006

Attorney General Steven Rowe announced today that a South Portland police officer, Steven Connors, and a Portland police sergeant, Robert Doherty, were legally justified when they shot and wounded Terrel Guy Dubois, 22, during the evening of October 11, 2006, in South Portland. Also wounded in the encounter was Officer Connors, who was shot four times by Dubois. The Attorney General's investigation focused on the issue of whether the use of deadly force by the officers in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer's public duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat of unlawful deadly force. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person or at a moving vehicle is deadly force under Maine law.)

Attorney General Rowe has determined, based on the investigation conducted by his Office and the application of controlling Maine law, that Officer Connors and Sergeant Doherty actually and reasonably believed that unlawful deadly force was being used against them by Dubois and that the use of deadly force on their part was necessary to protect themselves and each other. Therefore, both requirements of the law having been met, the use of deadly force by Officer Connors and Sergeant Doherty was legally justified.

The Attorney General's investigation revealed the following:

The Portland Police Department was conducting an investigation that focused on locating and arresting Terrel Dubois, who was wanted on a no-bail arrest warrant charging kidnapping, criminal threatening with a dangerous weapon, assault, and terrorizing. Dubois discovered that he was being sought by the police. During the afternoon of October 11, 2006, a man identifying himself as Dubois telephoned the Portland Police Department and, in a recorded call, told a dispatcher that he was aware that he was being sought by the police, that he was leaving Maine to go to Virginia, and that he would kill any police officer who attempted to arrest him.

In the early evening of October 11, Portland Police learned that a gold-colored Saturn automobile possibly being used by Dubois was located on Elm Street in South Portland. The Portland Police informed Officer Steven Connors of the South Portland Police Department of this information. Connors requested assistance from the Portland Police in attempting to locate Dubois in South Portland. Officer Mary Sauschuck, and later Sergeant Doherty and Officer Kevin Haley, all members of the Portland Police Department, joined Connors.[1]

Less than an hour later, Officers Connors and Sauschuck located a gold Saturn at an apartment complex at 204 Elm Street in South Portland and they began a surveillance of the vehicle at that time. Those two officers observed a man generally matching Dubois' description walking two dogs near the residence. Later, they observed the same man placing items into the vehicle and then going into one of the apartments. While the officers suspected the man was Dubois, they were not certain at that time. Shortly thereafter, the two officers were joined by Sergeant Doherty and Officer Haley. The officers decided to check the common area of the apartment building at 204 Elm Street, which housed several units including Apartment #1 on the below-ground level.

As the officers walked by the windows of what was later determined to be Apartment #1, one of the officers observed a man generally matching Dubois' description inside the apartment. Sergeant Doherty heard a man and a woman talking inside the apartment. A tenant of one of the upstairs apartments was shown a photograph of Dubois and recognized the person in the photograph as a man he had seen on occasion going into Apartment # 1.

Sergeant Doherty decided to call a telephone number believed by police to belong to Dubois, in the hope that the ring tone could be heard from inside Apartment # 1. Upon dialing the number, a ring tone was not heard from inside Apartment # 1. A man answered the call, however, and when Sergeant Doherty asked for "Tony," the man said his name was "Taz" and that the caller had the wrong number.

Suspecting that Dubois could be inside Apartment # 1, the officers decided to knock on the door of the unit and speak with the occupants to determine if Dubois was, in fact, inside. Officer Connors and Sergeant Doherty went to the door of Apartment #1 and Officer Connors knocked. The door was answered by a young woman who identified herself as the sister of the tenant of the apartment. Officer Connors displayed his badge and identified himself and Sergeant Doherty as police officers.[2] Neither officer saw anyone else in the apartment at that time.

Officer Connors asked for permission to enter the apartment to speak with the man in the apartment. The woman explained that the apartment belonged to her sister and she did not feel comfortable allowing the officers to enter. She also said she was alone in the apartment, a statement the officers disbelieved based on having just minutes before overheard talking between a man and a woman, as well as one of the officers having seen a man in the apartment through a window.

Officer Connors asked the woman for identification. Leaving the apartment door open, the woman walked to the rear of the living room and into the bathroom to retrieve her purse. According to the woman, Dubois was standing in an adjacent room and asked her "who's there?" The woman said she told Dubois that it was "the cops" and Dubois told her not to let them in.

While standing at the rear of the living room and in view of the officers, the woman searched her purse for her identification. At this time, Dubois, while conversing with the woman, entered the rear of the living room and into the officers' view. Officer Connors attempted to speak directly to Dubois, but Dubois ignored him and continued to converse with the woman.

Dubois disappeared from view into another room and the woman then returned to the apartment doorway with proof of her identification. Officer Connors asked her if the man was "Terrel." The woman replied that she knew the man as "Taz."

Having concluded that the man was Dubois, the officers began to call out Dubois' name in an effort to persuade him to come back into the living room. The officers cautioned the woman that she could be arrested and charged with harboring a fugitive, and that she should allow them to enter the apartment to talk with Dubois and handle the situation. According to the officers, the woman became concerned that she could be in trouble, stepped away from the front door and indicated to the officers that it was okay to enter.

The two officers continued calling to Dubois, urging him to come out and talk with them. Dubois ignored the requests other than to state "you need a warrant." As the officers entered the apartment, Dubois reappeared at the rear of the living room and again conversed with the woman. As Officer Connors moved toward Dubois, Dubois retreated into an adjacent room. Officer Connors followed Dubois into the room and Dubois attempted to close the door. Officer Connors attempted to block the door from closing. Immediately thereafter, while within less than five feet from Officer Connors, Dubois began firing at Connors with a small handgun, later identified as a Taurus .25 caliber semi-automatic pistol.

As Officer Connors, struck by Dubois' gunfire, began to collapse to the floor, he drew his service weapon and returned fire at Dubois who, at that time, was bending over. At about the same time, Sergeant Doherty drew his weapon and fired at Dubois. Dubois, struck by the officers' gunfire, collapsed and ceased firing.

This investigation has determined that Officer Connors was struck by four of the five rounds fired by Dubois. He suffered a non-penetrating head wound, as well as bullet wounds to the chest, shoulder, and hand. Dubois was struck by three of the officers' rounds in the left thigh and buttocks. Officer Connors expended eight rounds as he was collapsing and firing back, and Officer Doherty fired one round. Officer Connors and Dubois were rendered first aid at the scene and were immediately transported to the Maine Medical Center in Portland where they both underwent surgery for the gunshot wounds.

Detectives from the Office of the Attorney General went to the scene of the shooting in South Portland to conduct this investigation. They were assisted in the investigation by the Maine State Police, the South Portland and Portland Police Departments, and, later, the Maine State Police Crime Laboratory. The South Portland and Portland Police Departments cooperated fully with the investigation and are conducting their own internal departmental reviews of the incident.

[1] All four officers were in plainclothes. Officers Sauschuck and Haley bore badges that hung from neck chains, Officer Doherty wore a badge on his belt, and Officer Connors carried a badge in his pocket.

[2] When the police knocked at the door, the woman was on the telephone with an out-of-state friend. The friend has been interviewed as part of this investigation. According to that interview, the friend remained on the phone while the woman answered the door and heard a man identifying himself as "the police." The friend also reported that the woman ended the phone call seconds later by telling her "it's the police," and hanging up.

CHARLES DOW, DIRECTOR, COMMUNICATIONS & LEGISLATIVE AFFAIRS, 207-626-8577

AG Sues, Settles Over Deceptive "Free" Offers

December 11, 2006

Attorney General Steve Rowe today announced a $14.5 million, 15‑state settlement with Chase Bank, Chase Home Finance and Trilegiant Corp. that will resolve allegations the companies unlawfully deceived consumers into paying for membership programs that claimed to provide discounts on car and home repair, shopping, and other goods and services.

"This was a misleading marketing scheme. Consumers had no idea that by cashing a $2.50 check they were authorizing Trilegiant to place charges on their credit card," said Rowe. "We urge consumers to let their banks and credit card and mortgage companies know that they do not want to be contacted by third party marketers. Federal law requires that the companies respect consumer wishes to keep information private."

Rowe also encouraged consumers to advise their banks and credit card and mortgage companies in writing that the companies may not share the consumers' personal financial information with third parties. To do this, consumers should obtain, complete and return their financial institutions' financial privacy forms. Rowe directed consumers to the Federal Trade Commission's website for more information about the right to "opt out" of financial information sharing. http://www.ftc.gov/bcp/conline/pubs/credit/privchoices.pdf

The settlement announced today resolves claims by the Attorney General that Chase and Trilegiant solicited consumers with offers of "free" trials in membership programs, without adequately informing consumers they would be charged automatically if they did not affirmatively cancel within a specified period of time.

The solicitations often included a check for a small amount of money, between $2 and $10, which consumers typically thought were rebates or rewards from Chase Bank or Chase Home Finance. However, by cashing the check, the consumer unknowingly authorized Trilegiant to place charges on their Chase Credit Card or other account after "free" trial period ended, according to the complaint. The solicitations were sometimes included in the consumers' mortgage or credit card statements, the complaint alleged, or in mailings with Chase's logo on the envelope and letterhead. These tactics prevented consumers from realizing the solicitations were in fact sent by Trilegiant and not by Chase or another business partner.

If consumers did not affirmatively cancel within the required time, Trilegiant automatically billed the membership fees to consumers' credit accounts either monthly or annually, depending on the particular membership program. Trilegiant then charged consumers repeatedly until they finally cancelled their membership. Many consumers belatedly discovered they had unwittingly purchased memberships in several different clubs, the complaint alleged.

The Trilegiant membership programs include, but are not limited to, AutoVantage Gold Service, AutoVantage Service, Buyers Advantage Service, CompleteHome Service, Just for Me, Pet Privileges Service, Shoppers Advantage Service, and Travelers Advantage Service.

Regarding Chase's role in the alleged unlawful business practices, Chase and Trilegiant entered agreements under which Trilegiant gained access to Chase customers for the purpose of marketing the membership programs.

To protect consumers from unlawful deception in the future, the settlement requires reforms of Trilegiant's and Chase's business practices. Future solicitations sent by Trilegiant, or any other company that solicits Chase customers in a similar manner, must clearly disclose the all terms of any "free trial," including when and how the customer will be billed for any membership, and how to cancel a membership. Additionally, the settlement forbids Chase and Trilegiant from engaging in any deceptive conduct in the marketing of these membership programs. The prohibited practices include identifying the solicitation as a "reward" or "rebate" offer, or that any check or other premium offered as part of a solicitation is anything other than a benefit or incentive for the purchase of a membership.

The settlement requires Trilegiant to pay a combined $8.325 million in restitution to all consumers in Maine and the other 14 states who either have already complained to Trilegiant or their Attorney General, or who complain in writing within the next nine months.

Trilegiant and Chase also will pay $6.175 million to the settling states to cover civil penalties and recoupment of costs and fees. Trilegiant is paying $477,128 to Maine, and Chase is paying $175,000.

Consumers who signed up for membership in a Trilegiant club through any bank or other company they did business with and who were first charged membership fees on or after July 1, 2001, are eligible to receive restitution. Trilegiant is also required to send renewal notices to consumers who have active memberships advising them that they have purchased the membership and how to cancel the membership if they wish. If there are not enough funds to make full restitution to all consumers who complain, then those consumers who complain over the next nine months will get a pro rata share. All consumers who have already complained will receive full restitution.

In addition to Maine, the Attorneys General in the following states joined the settlement: Alaska, California, Connecticut, Illinois, Iowa, Michigan, Missouri, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Vermont and Washington.

Consumers who are trying to find out if they unknowingly paid for a membership program should carefully examine their credit card or mortgage statements and monitor their mail for any notices from Trilegiant. They can also contact Trilegiant via its internet website, www.trilegiant.com or by mail at Trilegiant Corporation, 100 Connecticut Ave, Norwalk, CT 06850, ATTN: K. Buonagurato. Written complaints requesting restitution for unauthorized charges can be submitted to Linda J. Conti, Assistant Attorney General, Attorney General's Office, 6 State House Station, Augusta, ME 04333-0006 or by e-mail to consumer.mediation@maine.gov.

Attorney General Rowe praised Assistant Attorney General Linda Conti for her excellent work on the settlement, which was the result of several months of negotiations.

Rowe and Conti both advised that "Consumers should monitor their credit card and mortgage statements each month to check for unauthorized and disputed charges, including but not limited to fees assessed for membership programs such as those offered by Trilegiant. Consumers who see an unauthorized charge should write to their credit card or mortgage company and also file a complaint with the Attorney General's Office."

Use Of Deadly Force By South Portland Police Officers Legally Justified

January 9, 2007

Attorney General Steven Rowe announced today that two South Portland police officers, Theodore Sargent and Jeffrey Cogswell, were legally justified when they used deadly force against Donald H. Gray, 40, during the late evening of November 29, 2006, in South Portland. Mr. Gray died as the result of being shot by the two officers.

The Attorney General's investigation focused on the issue of whether the use of deadly force by the officers in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer's public duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat of unlawful deadly force.

Attorney General Rowe determined, based on the investigation conducted by his office and the application of controlling Maine law, that Officers Sargent and Cogswell actually and reasonably believed that unlawful deadly force was being imminently threatened against them by Donald Gray, and that the officers also actually and reasonably believed that the use of deadly force on their part was necessary to protect themselves and each other. Therefore, both requirements of the law having been met, the use of deadly force by Officers Sargent and Cogswell was legally justified.

The Attorney General's investigation revealed the following:

In the late evening of November 29, 2006, Herbert Gray, 74, called the South Portland Police Department for assistance. He said that his 40-year-old son, Donald H. Gray, had retrieved a handgun from his vehicle, brought the gun into the house and taken it into his bedroom after telling his parents to stay out of his room. Herbert said that this followed an argument with his son concerning a pending court matter involving credit card debt, and Donald, who had been living with his parents for the past few years, being told that he could no longer reside with his parents in their home.

Within minutes, South Portland police officers Sargent and Cogswell arrived at the residence. Both officers were in uniform. When the officers arrived, Herbert Gray was still on the telephone with the police dispatcher. Officer Sargent spoke briefly with Donald's mother, Jacqueline Gray, who confirmed that Donald had taken a handgun into his bedroom. Mrs. Gray also requested that the officers speak with her son.

Immediately following the arrival of Officers Sargent and Cogswell at the Gray residence, another South Portland officer, John Sutton, arrived at the residence. Officer Sutton directed Mr. and Mrs. Gray to an area of the residence a distance away from Donald Gray's bedroom and remained with them while Officers Sargent and Cogswell approached Donald's closed bedroom door.

According to Officers Sargent and Cogswell, Officer Sargent knocked on the bedroom door, identified himself as a police officer and asked Donald if he could speak with him. Donald responded that he was "going to bed," according to Officer Sargent. Officer Sargent stated that he then asked Donald if he had "a pistol." According to Officers Sargent and Cogswell, Donald gave no further verbal responses. At about this time, a fourth South Portland officer, Lt. Todd Bernard, the shift commander, arrived outside the residence.

Both Officers Sargent and Cogswell stated that, seconds later, they observed Donald's bedroom door being opened from the inside and they saw Donald standing in the doorway.1 During this very brief time period, Officer Sargent was on the left side of the hallway facing the door, with Officer Cogswell behind him. According to the officers, Donald said nothing. Both officers described seeing Donald "bent over" or leaning over towards a desk or dresser just inside the room, and that he appeared to be reaching for something, but they could not see his hands. Officer Sargent immediately moved from the left of the open door to the right. Officer Cogswell moved into the position vacated by Sargent. The officers were now side by side at the open door in the narrow hallway facing Donald. Both officers recalled drawing their service weapons while repositioning.

Officer Cogswell stated that he made repeated commands for Gray to "show his hands," and "don't do it." Officer Cogswell distinctly recalls hearing the sound of a magazine being inserted into a pistol, as well as the sound of the action on the pistol being worked as if chambering a round. Officer Sargent's recollection is not as specific as Cogswell's in this regard, although he described having the "impression" that a pistol was being manipulated as if a round was being chambered.

Both officers stated that they then saw Donald with a pistol in his hand. Officer Cogswell recognized the weapon as a Taurus brand pistol. The officers stated that they repeatedly ordered Donald to disarm, but that he made no verbal response and, instead, raised the weapon and pointed it at Officer Cogswell.2 Both officers simultaneously discharged their handguns, .45 caliber semiautomatic pistols, at Donald, who, struck by the rounds, fell to the floor fatally wounded. The distance between Donald and the two officers at the time of the shooting was approximately 3 to 4 feet.

It was later determined that each officer fired four rounds, all of which struck Donald. Donald's weapon, a Taurus 9mm semiautomatic pistol, was loaded with eight rounds, one of which was chambered. The investigation disclosed that Donald Gray had purchased the pistol in November 2002. A hundred-count box of 9mm ammunition found in Donald's vehicle after the shooting contained 92 rounds.

Detectives from the Office of the Attorney General went to the scene of the shooting in South Portland to conduct the investigation. They were assisted in the investigation by the South Portland Police Department, the Office of the Chief Medical Examiner and, later, the Maine State Police Crime Laboratory. The South Portland Police Department cooperated fully with the investigation and is conducting its own internal departmental review of the incident.

1 Both officers described Donald as a large man. It was later determined that he stood 5' 11" and weighed approximately 370 pounds.

2 The other persons at the residence – Officer Sutton, Lt. Bernard, and Mr. & Mrs. Gray – heard variations of the commands directed at Donald, namely, "what are you reaching for?;" "let me see your hands;" "don't do it; put it down." (Sutton); "Drop the gun, drop the gun." (Bernard); "Drop the gun." (Mr. Gray); "Donald, put the gun down." (Mrs. Gray). No one heard any response from Donald.

JESSICA MAURER, SPECIAL ASSISTANT ATTORNEY GENERAL, 207-626-8515

Rowe Sworn In For Fourth Time As Maine Attorney General

January 10, 2007

Today Steve Rowe was sworn in as Maine's Attorney General for the fourth and final term. Constitutional officers are statutorily prohibited from serving more than four consecutive terms. Secretary of State Matthew Dunlap and Treasurer David Lemoine were both sworn in for their second term.

"It is with a great deal of pride and gratitude that I begin my fourth and final term as Maine's Attorney General. Serving in this office continues to be one of the highest honors of my life." Rowe stated.

He went on to thank his wife and mother in law for their love and support. He also thanked the staff of the Office of the Attorney General who he called, "some of the smartest, most dedicated and hardest working people I have ever known."

Rowe was first sworn in as Attorney General in 2001. In his remarks he referred back to that day, "Six years ago, I said that I believe that the Office of the Attorney General had a special duty to protect the public rights of our most vulnerable citizens-particularly children, seniors and others who may be targets of abuse, neglect or unfair discrimination. And I believe today, that thanks to the hard work of the men and women of the Office of the Attorney General, we have been successful in protecting the rights of the most vulnerable among us."

DAVID LOUGHRAN, SPECIAL ASSISTANT TO THE ATTORNEY GENERAL (207) 626-8577 OR david.loughran@maine.gov

Attorney General Steven Rowe Announces 9Th Annual "National Consumer Protection Week"

February 5, 2007

The Maine Office of the Attorney General has joined a group of federal, state, and local government agencies and national consumer advocacy organizations to launch the ninth annual National Consumer Protection Week (NCPW), February 4-10, 2007. NCPW highlights consumer education efforts in the fight against fraud across the nation and here in Maine. This year, NCPW's national organizers encourage everyone to read up and reach out to be an informed consumer. By gathering and sharing information, consumers can be more confident, savvy, and safe in the marketplace.

Rowe stated, "The Attorney General's office works to protect consumers through education, advocacy and enforcement of the laws. If a person gets his or her identity stolen or is caught in a scam, the financial impact can be felt for years. My office encourages everyone to empower themselves by becoming savvy consumers."

Fraudulent promotions seek to exploit people's financial fantasies, needs, and optimism. But informed consumers are better able to see through frauds and deceptions, whether they take the form of questionable claims in an ad, "breathless" offers that come in the mail or by email, or schemes that sound like sure-fire successes.

NCPW partner organizations provide practical – and tactical – tips so consumers can learn and tell others how to make well-informed purchase decisions, avoid scams, protect their personal information, and file a complaint if they're not satisfied. "There is a wealth of information available to help consumers protect themselves. By spending just a few minutes on the AG's website (www.maine.gov/ag) Maine consumers can significantly boost their marketplace IQ." Rowe added

Organizers of this year's NCPW are the Federal Trade Commission , the Federal Citizen's Information Center , the U.S. Postal Service , the U.S. Postal Inspection Service , the Federal Communications Commission, Federal Deposit Insurance Corporation , the Comptroller of the Currency, the U.S. Department of the Treasury, the National Association of Consumer Agency Administrators , the National Consumers League , AARP, the Better Business Bureau , Call for Action, the Consumer Federation of America, and the National Association of Attorneys General. You can find out more information on NCPW at www.consumer.gov/ncpw.

DAVID LOUGHRAN, SPECIAL ASSISTANT TO THE ATTORNEY GENERAL (207) 626-8577 OR david.loughran@maine.gov

Attorney General Rowe Announces $90 Million Antitrust Settlement In Price Fixing Conspiracy

February 6, 2007

Attorney General Steve Rowe today announced a $90 million nationwide settlement with Samsung Semiconductor, Inc. and Samsung Electronics Company Ltd., resolving allegations that Samsung and most of the industry's other leading computer chip manufacturers fixed the prices of Dynamic Random Access Memory (DRAM). DRAM is a type of computer chip used in all personal computers, servers, workstations and many other electronic devices. The money paid is restitution for consumers and State and local government agencies that paid more for computers and other electronic devices because of the price-fixing. Samsung admits no wrong-doing in the settlement, which is subject to court approval. Under the settlement's terms, Samsung has also agreed to strong injunctive relief that will require the company to refrain from conduct that could substantially lessen competition. Samsung will also cooperate with the states in continuing litigation against the other DRAM manufacturers.

"Over the years, this price fixing scheme impacted tens of thousands of Maine consumers. While its impact can never be erased, this settlement helps to right a wrong perpetrated against the people of Maine." Rowe said.

Maine and 38 other states continue to pursue their lawsuit in U.S. District Court in San Francisco, seeking money for consumers and government agencies who paid higher prices for electronics from 1998 to 2002 as a result of alleged price-fixing by at least seven more companies including: Elpida Memory, Inc.; Hynix Semiconductor, Inc.; Infineon Technologies, AG; Micron Technology, Inc.; Mosel Vitelic, Inc.; Nanya Technology Corporation and NEC Electronics America, Inc. The states' suit follows a federal criminal investigation that exposed a scheme in which DRAM manufacturers coordinated the prices that they charged to original computer manufacturers; those overcharges were then passed on to consumers. Samsung, Hynix, Infineon, Elpida and numerous individuals have pleaded guilty to federal criminal price-fixing charges and collectively paid more than $730 million in fines.

DAVID LOUGHRAN, SPECIAL ASSISTANT TO THE ATTORNEY GENERAL (207) 626-8548 OR david.loughran@maine.gov

Ag Rowe Gives Notice Of Consumers' Rights Under "Data Act"

February 6, 2007

Attorney General Steven Rowe advises individuals, businesses and other entities, including colleges and universities and State agencies, who maintain computerized data containing personal information, that effective January 31, 2007, they will become subject to the Notice of Risk to Personal Data Act, 10 M.R.S.A. S1346-1349 (Data Act). The Data Act requires notification to consumers when there has been a security breach of computerized data containing their personal information that could result in identity theft.

Rowe explained "This law will help people protect themselves from identity theft by alerting them early when someone has gained unauthorized access to their private information. Early notification will allow people to better monitor their financial records for suspicious activity."

The Data Act also requires that notice be given to the Attorney General's Office or to the appropriate agency within the Department of Professional and Financial Regulation if the person, business or entity giving notice is regulated by that agency. Notice to the national consumer agencies is also required if notification to more than 1000 persons is required as a result of a security breach. Violations of the Data Act are civil violations for which fines and other equitable remedies may be imposed. The law is available on the State of Maine's internet site at http://janus.state.me.us/legis/statutes/10/title10ch210-Bsec0.html.

For more information on the Data Act, visit http://www.maine.gov/ag/. Additionally, persons may direct question to the Attorney General's Office by calling AAG Linda Conti at 626 -8591.

DAVID LOUGHRAN, SPECIAL ASSISTANT TO THE ATTORNEY GENERAL (207) 626-8577 OR david.loughran@maine.gov

Ag Rowe Announces "Consumer Matters"? Television Show

February 12, 2007

Attorney General Steven Rowe today announced that his office will launch a television program called "Consumer Matters" in an effort to better educate the people of Maine on how they can protect themselves in the marketplace. "The more information available to consumers, the better able they are to avoid getting hurt by unscrupulous practices, fraud and scams. "Consumer Matters" will act as another resource to help consumers protect themselves" Rowe stated.

The show will air twice a week, at 7:30 PM Thursdays and Fridays at 11:30 AM, on Time Warner local access stations. Each show will address one or two different topics that adversely affect Maine consumers. Experts on topics such as identity theft, foreign lottery scams, the State's Lemon Law, and home building contracts participate in a discussion with the show's host, Assistant Attorney General Jim McKenna. Public Service Announcements related to consumer topics will also air during each episode.

The first episode of "Consumer Matters" coincides with National Consumer Protection Week (NCPW). NCPW is sponsored by the Maine Attorney General and consumer organizations across the country as a way to raise the awareness of fraud and scams and to teach people how to become more savvy consumers.

The first episode has two 15 minute segments, one which talks about Maine's Home Construction Contract Laws, the other deals with laws and rules surrounding home heating oil. "This episode is filled with information important to Maine consumers." Rowe commented. "We receive more complaints about home contracting than anything else, it is clearly a problem in this state."

Rowe went on to say, "With temperatures barely climbing out of the single digits this past week, it is important that people know their rights regarding the delivery of home heating fuel."

"Consumer Matters" was the idea of staff members in the Consumer Protection division of the Maine Attorney General's Office. It is produced locally and funded with money from the Consumer Fund, which is dedicated to carrying out the purposes of the Maine Unfair Trade Practice Act.

DAVID LOUGHRAN, SPECIAL ASSISTANT TO THE ATTORNEY GENERAL (207) 626-8577 OR david.loughran@maine.gov

Rite Aid To Divest Gardiner Store, As Attorneys General, FTC Settle Merger

June 14, 2007

Attorney General Steve Rowe announced today that as a condition of its acquisition of numerous Brooks and Eckerd retail pharmacy outlets, Rite Aid will be required to divest or spin off the Brooks Pharmacy located at 397 Water Street in Gardiner. The same agreement also applies to 22 other stores located in states from New Hampshire to Virginia. Rite Aid is acquiring the stores from a Canadian company, The Jean Coutu Group. The divestitures are being required as part of a settlement entered into by Rite Aid with the Federal Trade Commission and the Attorneys General of seven states, including Maine. The settlement is reflected in a Consent Decree approved today in Kennebec County Superior Court.

Rowe explained, "We joined with the other states and the Federal Trade Commission to determine the impact this acquisition would have on consumers and determined that Rite Aid's purchase of the Brooks Pharmacy in Gardiner would substantially reduce competition in the local market." While it must divest the Gardiner store, Rite Aid is acquiring five other Maine outlets located in Bangor, Brewer, Freeport, Kittery and Waterville. Rowe praised the FTC's cooperative approach to the investigation. "It's a partnership," he stated. "The FTC provides important resources; our office provides the knowledge of local markets." The Maine Attorney General's office has an active merger review program, and encourages parties contemplating or wishing to provide information concerning a merger or acquisition to contact its antitrust section.

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FRANCIS ACKERMAN, ASSISTANT ATTORNEY GENERAL CONTACT: (207) 626 8847

Attorney General Rowe Announces $5.5 Million Multistate Prescritption Drug Settlement

June 14, 2007

Attorney General Steve Rowe today announced the settlement of a civil enforcement action against the makers of the popular oral contraceptive product Ovcon. The lawsuit, joined by thirty-three other states and the District of Columbia, charged Warner Chilcott and Barr Pharmaceuticals with antitrust violations that have prevented generic versions of Ovcon from reaching the marketplace. As part of the settlement, Warner Chilcott will pay $5.5 million to Maine and the other litigating states.

"Access to generic drugs helps to contain the ever-increasing cost of health care. Without generics, many Mainers would be unable to afford the prescription their physicians prescribe." Rowe said, "The conduct in this case was particularly egregious. These companies conspired to keep a generic off the market, thereby ensuring the continuation of high consumer prices. The conduct both violated the law and hurt consumers."

The civil complaint was filed in 2005 in the U.S. District Court for the District of Columbia. The suit alleges that Warner Chilcott paid Barr $20 million to keep Barr from marketing a generic version of Ovcon. According to the lawsuit, Ovcon has been sold in the United States since 1976 as an oral contraceptive, and Warner Chilcott became the exclusive U.S. distributor of Ovcon in early 2000.

During 2003, Barr publicly announced that it planned to have a generic version of Ovcon on the market by the end of that year. The lawsuit alleges that Warner Chilcott paid Barr $1 million in September 2003 for an option agreement designed to prevent Barr's generic product from coming to market. Under the terms of the alleged agreement, once Barr received FDA approval to market generic Ovcon?, Warner Chilcott had 90 days to pay Barr $19 million, after which Barr would refuse to bring the cheaper generic version to the market.

"The agreement between Warner Chilcott and Barr is precisely the type of anticompetitive conduct by drug companies that results in higher prescription prices for the people of Maine" said Rowe. Because this lawsuit was filed as a civil enforcement action, the states sought civil penalties and equitable relief. The relief that was obtained through the settlement will help ensure that Warner Chilcott does not engage in similar conduct in the future. Maine's portion of the settlement will be between $85,000 and $90,000. The money will be used to help prevent anticompetitive behavior through education and by bringing additional enforcement actions against companies that engage in illegal, anticompetitive actions.

The settlement involved only Warner Chilcott. The lawsuit against Barr Pharmaceuticals will continue moving forward in the U.S. District Court for the District of Columbia.

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David Loughran, Special Assistant to the Attorney General (207) 626-8577 or david.loughran@maine.gov

Rowe Announces Settlement Over Oxycontin Advertising Practices

June 14, 2007

Attorney General Steve Rowe announced today that Maine and 25 other states, as well as the District of Columbia, have reached a settlement with Purdue Pharma regarding the narcotic pain medication OxyContin. The settlement resolves concerns that Purdue had engaged in extensive off-label marketing of OxyContin, a time-released, Schedule II opioid used for pain management of moderate to severe pain over an extended period of time, and that Purdue failed to adequately disclose abuse and diversion risks associated with the drug in violation of the states' respective consumer protection statutes.

Rowe said, "OxyContin abuse has ravaged the lives of thousands of Mainers, including entire families and communities. It has also contributed to increased crime rates and emergency medical treatment."

"Had Purdue Pharma limited its marketing to the drug's approved uses and disclosed the drug's abuse and diversion risks up front, it is likely that much of the devastation could have been prevented. This is a clear example of a pharmaceutical company putting corporate profits above the health and welfare of people."

The settlement, in the form of a Consent Judgment, has been filed in Kennebec County Superior Court. The settlement requires Purdue to market and promote OxyContin only in line with FDA-approved uses, prohibiting Purdue from making any false, misleading or deceptive claim regarding OxyContin. It also requires the company to continue its "OxyContin Abuse and Diversion Detection Program," established internally to detect problem prescribing, and requires all field personnel to undergo training on the program before being allowed to promote OxyContin.

Among the particular restrictions and requirements contained in the settlements, are provisions that Purdue must:

  • market and promote OxyContin in a manner consistent with its package insert and not in a manner that minimizes the approved uses for the drug;
  • not market or promote OxyContin for off-label purposes a?" those beyond the approved indications and uses of the drug;
  • have any recipient of funds or other remuneration for grants publicly disclose the existence of that remuneration;
  • not sponsor or fund any educational events where Purdue has knowledge that a speaker will recommend the off-label use of OxyContin;
  • not base Purdue sales representatives' bonuses solely on the volume of OxyContin prescribed; and
  • take into account in performance evaluations sales representatives' educating prescribers about OxyContin and its potential for abuse and diversion.

Finally, the settlement provides for a monetary payment by Purdue to the states in the amount of $19,500,000. Maine's share of the settlement is $719,500.

Taking part in the investigation of Purdue's business practices, as well as in today's settlement, are the following states : Arizona, Arkansas, California, Connecticut, Idaho, Illinois, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Montana, Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Vermont, Virginia, Washington, Wisconsin and the District of Columbia.

U.S. Supreme Court To Hear State's Appeal In Internet-Tobacco Sales Case

June 25, 2007

Today, the United States Supreme Court announced that it has agreed to review the case Rowe v. New Hampshire Motor Transport, 06-457 filed against the State of Maine by motor transport associations in Massachusetts, New Hampshire and Vermont. The associations challenged the 2003 Maine law that requires that internet tobacco retailers utilize carriers who take specific actions to ensure that packages containing tobacco products are not delivered to minors. Attorney General Steve Rowe stated "We are pleased that the Supreme Court has agreed to hear this important case. States have the right and the duty to protect the health and safety of children. This state law does just that by preventing youth access to tobacco products." In the brief petitioning the Supreme Court to take the case, the Attorney General had criticized the lower court decision by stating that it ''leaves delivery sales of tobacco to children unregulated by any government, a result nowhere suggested by Congress or supported by common sense.'' Rowe also noted: "The state law also levels the playing field between "bricks and mortar" retail stores in Maine and internet and mail order retailers when it comes to age verification." Attorney General Rowe said that his office will likely file the State's brief in August and that the Supreme Court will likely hear the oral argument in the case in December. Background

In 2003, the Maine Legislature found that internet and telephone sales of tobacco products had become a serious problem and that, by means of delivery services, enterprising retailers were seeking to avoid over-the-counter age verification requirements by selling the tobacco products to minors and delivering them not over-the-counter, but rather through third-party carriers such as UPS. In response to this dangerous practice, the Legislature enacted "An Act To Regulate the Delivery and Sales of Tobacco Products and To Prevent the Sale of Tobacco Products to Minors," Me. Pub. L. 2003, c. 444.

One section of the Act requires retailers who ship tobacco products to use a delivery service that requires the purchaser to be the addressee, the addressee to be of legal age to purchase tobacco products and sign for the package, and, if the addressee is under 27 years old, to present a valid identification showing proof of age.

The Act also requires retailers who ship tobacco products to clearly indicate on the package that it contains tobacco products, and carriers must check packages to determine whether they bear such markings.

On October 10, 2003, three trade associations whose members include such companies as UPS, Federal Express and DHL filed a lawsuit in the United States District Court for the District of Maine and claimed that the state Act is preempted by the Federal Aviation Administration Authorization Act of 1994.

On May 27, 2005, the District Court held that the state law was preempted by the federal law and ruled in favor of the trade associations. The Attorney General appealed to the United States Court of Appeals for the First Circuit. On May 19, 2006, the First Circuit issued its decision effectively affirming the lower court's decision. The Attorney General then filed a petition asking the United States Supreme Court to review the matter.

David Loughran, Special Assistant to the Attorney General
(207) 626-8577 or david.loughran@maine.gov

Rowe: State Demands Myspace Turn Over Information On Registered Sex Offenders

June 27, 2007

Yesterday, Maine Attorney General Steve Rowe filed an investigative demand with Fox Interactive Media, the parent company of the popular online social networking site Myspace.com. In December 2006 Myspace hired Sentinel Tech Holdings to develop a tool to check the site for registered sex offenders. Sentinel Tech's SAFE tool uncovered thousands of registered sex offenders with profiles on the site.

"Protecting our children from predators online is as important as protecting them in our neighborhoods." Rowe stated. "Registered sex offenders in Maine may be violating conditions of release by having contact with children through social networking sites. We need to put a stop to this behavior."

The letter from Attorney General Rowe demands that all subscriber information pertaining to any Myspace user, identified through the Sentinel SAFE tool as a registered sex offender in Maine, be provided to the Attorney General. Such information includes the users: name, postal code, country, email address, the date the account was created, the IP address for the computer the account was created with and logs showing IP address and date stamps for account access. It also demand that the identification of registered sex offenders in Maine that have been deleted from Myspace.

"By providing information on registered sex offenders who are using the site, Myspace can help protect Maine children. Simply deleting the profiles of sex offenders does not go far enough." Rowe added. "Law enforcement needs this information to make sure that children are safe and sex offenders are not violating conditions of their release."

Nationwide there have been more than 7,000 registered sex offenders found to have Myspace profiles. This does not include offenders who are using fake identities to set up their account. "While the information Myspace provides will help to protect kids, it is no substitute for parents vigilantly monitoring who their children are talking to online." Rowe said.

Carlos Diaz, Assistant Attorney General, (207) 822-0259
David Loughran, Special Assistant to the Attorney General, (207) 626-8577

Attorney General Rowe Announces Settlement With America Online Regarding Cancellation Issues

July 12, 2007

Maine Attorney General Steve Rowe today announced a settlement with AOL, one of the nation's largest Internet service providers, requiring the company to make significant changes in honoring consumer cancellation requests and further ordering refunds for consumers.

The settlement, which was filed by Maine and 47 other states as well as the District of Columbia, resolves complaints in which consumers have alleged difficulty and confusion in attempting to cancel their AOL paid services. AOL formerly limited the methods available for consumers to cancel their accounts, such that the majority of consumers attempted to cancel by directly calling AOL. Customer service representatives received incentives for retaining or "saving" customers in lieu of cancellation, and consumers complained that as a result, cancellation was extremely difficult if not impossible. Today's agreement puts strict limitations on this practice and requires recording and verification of these telephone calls. In addition, the agreement expands consumers' options by allowing them to cancel through a simple online method via the website http://cancel.aol.com.

"Because AOL made it nearly impossible to cancel accounts, consumers were often saddled with products they did not want." Rowe stated. "This settlement forces AOL to adopt cancellation methods that are easy for consumers to use."

The agreement further requires AOL to make broad refunds to consumers who have complained of unauthorized charges for AOL service. In addition to resolving any outstanding complaints, the company will be adopting an ongoing process of refunding consumers for unauthorized charges, and will continue to cooperate with the states in these efforts.

Today's settlement also addresses a number of other billing practices that created consumer confusion. Specifically, AOL will be revising its disclosures regarding reactivation of terminated accounts as well as its disclosures relating to accounts billed directly to a consumer's monthly telephone bill. AOL will also significantly revise its practice of allowing consumers to create "spin off" accounts - which are additional paid accounts for AOL service stemming from one original membership. These accounts can now only be created over the phone in a recorded conversation with a customer service agent, who must make detailed disclosures of the applicable costs.

"AOL was not providing customers the opportunity to be informed about services they had purchased." Rowe added, "AOL can no longer hide information. New disclosure rules will let consumers know exactly what services they are receiving, and at what cost."

The settlement further requires AOL to reimburse Maine $45,000. The settlement for the 48 states and the District of Columbia totals $3,000,000.

The other participants in today's settlement are the states of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia Wisconsin, and Wyoming, the Commonwealths of Kentucky, Massachusetts, Pennsylvania and Virginia, and the District of Columbia.

David Loughran, Special Assistant to the Attorney General
(207) 626-8577 or david.loughran@maine.gov

Court Rejects Feds Petition For Summary Judgement In Verizon Case

July 24, 2007

The United States District Court of Northern California, Judge Vaughan Walker, denied the federal government's motion for summary judgment in United States vs. Adams and similar cases involving Missouri, New Jersey, Connecticut and Vermont. The cases were consolidated for efficiency's sake. At issue in the case is whether the Public Utilities Commission can compel Verizon to sign an affidavit verifying the accuracy of statements they made denying that they shared customer information with the National Security Agency.

"We are pleased with the courts ruling." Attorney General Steve Rowe stated. "The people of Maine deserve to know whether or not Verizon shared their sensitive information with a federal government agency."

The federal government argued that the Supremacy Clause of the U.S. Constitution, the foreign affairs power of the federal government, and the state secrets privilege gives them the authority to block the Maine Public Utilities Commission from investigating whether Verizon had shared information with the NSA. The Public Utilities Commission and the Attorney General's Office are continuing to study the decision, which was issued only hours ago, before deciding what steps to take in light of the development. An initial reading of the decision makes it plain that it is good news for the Public Utilities Commission's case.

In the 35 page ruling the Court found that neither the Supremacy Clause nor the foreign affairs power of the federal government prevented a state from asking about phone records, because while federal law is important, it does not wipe out states' rights. The Court also ruled that an executive order issued by the President does not preempt state law. However, the Court reserved ruling on whether the state secrets privilege might bar some of the Public Utilities Commission's inquiries. The court invited the United States to renew its motion after the 9th Circuit rules on the appeal of Hepting v. ATT which is expected to give further guidance on the law applicable to the privilege

"This ruling goes a long way towards protecting the privacy of Maine people." Rowe added. "In a era of data breaches and identity theft, States are working to protect citizens sensitive personal information. The federal government should be a partner in this effort instead of throwing up barriers by filing lawsuits. While we recognize the need to fight the war on terror, we are already losing if we violate our citizens' constitutional rights in that fight."

David Loughran, Special Assistant to the Attorney General, (207) 626-8577

Bouchard Convicted In Financial Exploitation Case

August 21, 2007

Maine Attorney General Steve Rowe announced today that Albert Bouchard of Limestone, a former caseworker for DHHS Bureau of Elder and Adult Services, has been sentenced to jail for diverting funds from four of his elderly and incapacitated clients for his personal use. Bouchard, age 47, was charged with having misappropriated over $9,000 from clients to purchase fine jewelry, electronics, gift certificates and furniture for the benefit of himself, his family and his girlfriend over a 15 month period in 2001 through 2003.

"What made this case especially egregious was the calculated and deceptive nature of the theft." said Assistant Attorney General Leanne Robbin.

Following Bouchard's plea of guilty to the theft charge, Justice Allen Hunter sentenced him on August 17, 2007 to two years in jail, all but 30 days suspended. The jail time will be followed by five months of "house arrest," during which time Bouchard will be permitted to leave his house only for work, community service, parent teacher conferences, and medical appointments. He will serve two years of probation, when he will be required to complete 200 hours of community service. He paid full restitution on the day of sentencing, and commenced his jail time immediately.

According to the Attorney General's Office, Bouchard charged a $300 digital camera to the account of one elderly lady with dementia, and made several cash withdrawals from her account. He used another client's account to purchase a $1,300 large screen television for his home, and delivered a 27 inch used television to the nursing facility at which the client was living. He charged the accounts of two clients with dementia for several pieces of expensive jewelry, including $600 for a diamond anniversary ring and $700 for a gold rope chain necklace, but delivered inexpensive substitutes to the clients, who were then residing at nursing care facilities. He also charged gift certificates on three client accounts to the Aroostook Centre Mall in Presque Isle in December, 2002; the gift certificates were given as Christmas gifts to his then wife, children, his girlfriend and her children, who later redeemed them at various Mall stores.

"Albert Bouchard worked for the agency that is charged with protecting the elderly from predators like Albert Bouchard. He committed a gross abuse of the trust placed in him by the State to care for our most vulnerable citizens." Rowe Commented. "Bouchard's conduct unfairly tarnishes the reputation of the many other dedicated caseworkers who strive to care and protect the elderly. My Office will continue to work with the Bureau of Elder and Adult Services in its mission to protect our elders from financial exploitation."

As a result of Bouchard's misappropriation, DHHS has instituted additional safeguards to ensure that expenditures of client funds are appropriate and made for their benefit.

Rowe praised the coordination between the Office of Elder Services and the Office of the Attorney General, "I commend the work of Assistant Attorney General Leanne Robbin, Detective Chick Love and Bureau of Elder and Adult Regional Supervisor Rick Mooers, without whom this conviction would not have been possible."

Leanne Robbin
Assistant Attorney General, (207) 626-8581

Attorney General And Department Of Agriculture Warn Farmers Of "Overpayment"? Scam

August 31, 2007

Maine Attorney General Steve Rowe and Maine Agriculture Commissioner Seth Bradstreet III issued the following consumer warning:

The Maine Department of Agriculture has received several complaints from Maine farmers regarding a scam in which a person from out of state inquires about purchasing hay. The scammer then sends the farmer a check (that is either fraudulent or drawn on an account with no money in it) for an amount greater than the cost of the hay purchased. Due to the overpayment, the farmer is asked to wire the difference back to the scammer. When the check fails to clear, the farmer is out the money.

"We have seen this type of scam before. In the past it has involved predominately eBay transactions, but thieves are constantly changing their methods and looking for new victims." stated Attorney General Rowe

Upon deposit, the amount of the check oftentimes appears to be available in the bank account. This does not mean that the check has cleared or will clear. The Office of the Attorney General encourages anyone who is asked to wire money as the result of an overpayment to ask their bank to notify them when the check has cleared. After they have received notification from the bank, they can determine whether or not it is a legitimate transaction.

"Maine farmers work too hard to see their money stolen by thieves who hide behind veils of anonymity provided by out-of-state phone calls and wire transfers," Commissioner Bradstreet noted. "If farmers believe they are contacted by one of these scam artists they should not hesitate to contact the Attorney General's Consumer Protection Division."

The number for the AG's Consumer Protection Division is (800) 436-2131.

David Loughran, (207) 626-8577

Oakland Woman Sentenced For Not Paying Taxes, Passing Bad Checks

August 22, 2007

Maine Attorney General Steve Rowe today announced the conviction and sentencing of Kathleen Thompson of Oakland, Maine for failure to pay over collected fuel tax to the State of Maine, and for negotiating worthless instruments. Thompson operated the now defunct business Petroleum Products Cooperative of Maine, Inc., also known as PPCOM, Inc.

In June, Thompson plead guilty to three felony counts of negotiating worthless checks and three misdemeanor counts of failing to pay collected fuel taxes to the Maine State Tax Assessor. She was sentenced Monday, August 20, 2007 to three years in jail, with all but seven months suspended, to be followed by three years of probation. She was sentenced by Justice Nancy Mills in Kennebec County Superior Court. Thompson was also ordered to pay $268,000 of restitution to the State of Maine and ordered to perform 600 hours of community service work during her period of probation. Thompson will serve her 7 months of incarceration at the Kennebec County Jail, beginning August 24, 2007.

Maine Revenue Services Acting Executive Director Jerome Gerard commented, "This conviction and sentence are a fitting punishment for her failure to pay taxes and for passing checks she knew to be bad."

Thompson was the President, Treasurer and majority stockholder of PPCOM, Inc., an oil distribution company that provided gasoline, diesel fuel and heating oil to retailers and large institutional customers such as municipalities and school districts. Pursuant to audits conducted in 2005 and 2006, Maine Revenue Services discovered that PPCOM had failed to pay nearly $3 million in fuel taxes to the State that it had collected from its customers during a four year period running from 2001 to 2005. A subsequent criminal investigation revealed that in order to try to keep the company afloat, Thompson had also written a number of large, but worthless checks from an account that had no money, knowing that the checks would not be honored. Assistant Attorney General William Baghdoyan, the prosecutor in the case, characterized these checks as a type of "check-kiting" scheme to make PPCOM's bank account appear to have sufficient funds to pay its bills.

"Ms. Thompson took deliberate, criminal action to try and save her failing enterprise," stated Assistant Attorney General Bill Baghdoyan. "Her actions withheld millions of dollars from the State and left many consumers without the heating fuel they had purchased."

A few months after the large fuel tax liability was discovered, PPCOM declared bankruptcy and went out of business, leaving a number of customers who had entered into pre-paid fuel delivery contracts without needed fuel for vehicles and for heating.

Bill Baghdoyan, Assistant Attorney General, (207) 626-8512
Jerry Gerard, Acting Executive Director MRS, (207) 624-7854

Rowe Calls On Feds To Investigate The Marketing Of Alcoholic Energy Drinks

August 28, 2007

Attorney General Steve Rowe, joined by 29 attorneys general nationwide, urged the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) to stop alcohol manufacturers from making misleading health-related statements when advertising alcoholic drinks that contain caffeine and other stimulants. Rowe is the Co-Chair of the National Association of Attorneys General Youth Access to Alcohol Committee, which has been active in addressing concerns about the classification of beverages known as "alcopops" or "flavored malt beverages".

In a letter to TTB Administrator, John Manfreda, the attorneys general said that alcoholic energy drinks mimic non-alcoholic energy drinks that are very popular with youth. They warn that alcoholic energy drinks pose serious health and safety risks. According to medical researchers and public health professionals, the stimulants in alcoholic energy drinks may cause an intoxicated person to falsely believe that he or she can continue to drink and function normally.

In 2005, TTB warned manufacturers and advertisers of these alcoholic energy drinks not to imply that consumption of the products will have a stimulating or energizing effect. This warning has had little impact on the aggressive marketing campaigns for these products. For instance, Anheuser-Busch's BudExtra has an advertising slogan, "You can sleep when you're thirty" and implies the product offers renewed strength through the addition of guarana. The advertisements do not mention the potentially severe and adverse consequences of mixing caffeine and other stimulants with alcohol.

"Nonalcoholic energy drinks are very popular with today's youth," Attorney General Rowe said. "Beverage companies are unconscionably appealing to young drinkers with claims about the stimulating properties of alcoholic energy drinks. We urge TTB to take action to stop companies from making misleading claims."

Alcohol is the nation's number one drug problem among youth. It is involved in automobile crashes, homicides and suicides, the three leading causes of teen death. According to the 2006 Maine Youth Drug and Alcohol Use Survey, about half of Maine's high school seniors have had a drink in the past thirty days. More troubling, nearly 30% of high school seniors have engaged in binge drinking in the past two weeks. Binge drinking is having five or more alcoholic drinks in a row. "I am deeply concerned that alcoholic energy drinks will lead to even more aggressive binge drinking than we are already seeing. These new products are highly attractive and offer the promise of all-night energy."

The attorneys general also requested a TTB investigation into the makeup of alcoholic energy drinks and other flavored malt drinks to determine whether, based on the percentage of distilled spirits contained in the beverages, they are properly classified as malt drinks under federal law. The malt beverage classification, in many states, enables cheaper and broader sale of these beverages, making them more readily available to young people than distilled spirits.

Jessica Maurer, Special Assistant Attorney General, (207) 626-8515

State Settles Antitrust Suit Over Pike's Acquisition Of Blue Rock

August 31, 2007

Attorney General Steve Rowe announced today that his office has resolved antitrust concerns stemming from the December 2005 purchase by Pike Industries, Inc. ("Pike") of Blue Rock Industries ("Blue Rock") of Westbrook, Maine. The Attorney General has filed a Complaint in Kennebec County Superior Court against Pike, along with a proposed settlement agreed to by Pike. The settlement, in the form of a Consent Judgment, must be approved by the court. While Pike has entered into the consent agreement for purposes of settlement, the company denies that the acquisition violated antitrust laws.

"This settlement ensures the continuation of a level playing field in the aggregate and hot mix asphalt industry." Rowe stated, "Aggregate and hot mix asphalt are essential components in the roads, driveways, and parking lots that Mainers use everyday. It is therefore vital that no one company develop a monopoly in such an important industry."

Attorney General Rowe's Complaint charges that Pike's December 2005 acquisition of the business assets of Blue Rock (Pike's largest competitor in Southern Maine) reduced competition and violated state antitrust laws. Both companies produce aggregates and manufacture and install hot mix asphalt used in the construction of roads and parking lots. Pike's purchase of Blue Rock leaves only a handful of competitors for State-funded paving projects in the southern Maine area.

The Consent Judgment would require Pike to do the following:

1. Sell stone mined from its Westbrook Quarry in sizes appropriate for use in Maine QA/QC* projects to any firm intending to use the stone to produce hot mix for use in Maine QA/QC projects for the next four years and at a price not to exceed the price it charged in 2006, adjusted annually by the price index set by the Bureau of Labor Statistics;

2. Enter into an agreement (subject to AG involvement) permitting any firm performing a State of Maine Department of Transportation QA/QC project to locate a portable hot mix plant into Pike's Westbrook Facility solely for the purpose of producing hot mix asphalt to install on any DOT QA/QC project, also for the next four years;

3. Provide written notice to the Attorney General at least sixty (60) days prior to acquiring an ownership or controling interst in aggregate resources or hot mix asphalt plants located in the State of Maine from firms engaged in the building and maintenance of roads; and

4. Pay $20,000 in costs to the Attorney General.

Pike has facilities across southern and central Maine, as well is in New Hampshire, Vermont, Massachusetts and Rhode Island.

* Quality Assurance/Quality Control

Tina Moylan, Assistant Attorney General, (207) 626-8588

David Loughran, (207) 626-8577

Attorney General Rowe Announces Release Of Northeast Petroleum Market Report

September 18, 2007

Commissioned by the attorneys general of Maine, Massachusetts, New Hampshire, Vermont, and New York to examine gasoline and heating oil markets within those states, the report provides an overview of market conditions that may affect the prices of petroleum products sold in New England and New York.

"Whether it is heating our homes or driving to work, the high price of gas and heating oil impacts Maine people every day." Rowe said. "Historically it has been thought that fluctuations in the price of petroleum products were caused by natural disasters, prolonged cold spells or other factors beyond our control." The Attorney General added: "The factual information in this report will help us to better understand the causes of severe price fluctuations."

Noting that the report concluded that over 80% of observed variation in average retail gasoline prices is explained by variation in the average price of crude oil, Rowe remarked: "To a large extent, this report corroborates conclusions drawn by my office two years ago. The price of gas and heating oil is driven by factors outside of Maine and fundamental reforms to stabilize and rationalize petroleum markets must be enacted."

The new report examines multiple facets of the gasoline and heating oil industry in Maine and the region including; wholesale and retail markets, transportation, product storage, and the structure of the supply and distribution chain.

Included is a discussion of federal, state and local regulations that may affect wholesale and retail gasoline markets, such as environmental regulations and state and local excise taxes. In addition, the report addresses the impact of the futures market for petroleum products on the price consumers pay. It also touches on how the role of non regulated, "over-the-counter" trades by private parties affect the prices for crude oil, gasoline, and heating oil in Maine and the region.

In 2005 the Maine Office of the Attorney General investigated the factors that precipitated sharp increase in gas prices following hurricane Katrina. As a result of that investigation, Attorney General Rowe wrote to Maine's Congressional delegation, urging an independent, professional and in-depth study of these markets as a basis for fundamental reforms designed to stabilize and rationalize petroleum markets. Rowe suggested a focus on three areas: 1) over-concentration in the refinery industry, 2) a need to review the regulatory regime governing the New York Mercantile Exchange (NYMEX), the commodities markets where petroleum futures are traded among petroleum companies, speculators and hedge funds, and 3) the unregulated operations of the off-exchange market in over-the-counter derivatives.

The Center for State Enforcement of Antitrust and Consumer Protection Laws Inc. (The Center) provided partial funding for the report through a grant to the Maine, Massachusetts, New Hampshire, and Vermont attorneys general. The full report is available for review at: http://www.statecenterinc.org/

David Lougrhan,
Special Assistant to the Attorney General, 626-8577

STATE LEADERS SOUND THE ALARM ABOUT STALKING

October 20, 2001

CONTACTS: Gretchen Ziemer, ME Coalition to End Domestic Violence (207) 941-1194 (gretchen@mcedv.org) Sarah Stewart, ME Coalition to Against Sexual Assault (207) 626-0034 (awareness@mecasa.org) David Loughran, Special Assistant to the Attorney General (207) 626-8577 (david.loughran@maine.gov)

Yesterday more than 30 volunteers gathered at the Department of Public Safety to sound the alarm about stalking and to assemble 1000 stalking safety kits which will be distributed across the state and made available to stalking victims.

Speaking to the crowd of volunteers, Attorney General Steve Rowe said that as a society, we haven?t been clear that stalking behavior is unacceptable and dangerous. His message was simple, ?Stalking is a serious crime that can and does lead to other crimes like physical assault, sexual assault and murder.? Rowe continued, ?If you try to manage a stalker on your own, you could be putting yourself in even greater danger.? He encouraged victims to report stalking behavior to law enforcement and to reach out to other community resources for help.

Governor Baldacci has proclaimed January Stalking Awareness Month in Maine. Victim advocates from the Maine Coalition to End Domestic Violence (MCEDV) and the Maine Coalition Against Sexual Assault (MECASA) organized this stalking safety kit assembly event to educate the public about the pervasive crime of stalking and to create valuable tools for victim safety.

Nicky Blanchard, MCEDV Public Awareness and Prevention Coordinator, said, ?Although stalking prevalence is high in Maine, public awareness about stalking as a crime remains dangerously low. One in 12 women and one in 45 men will be stalked in their lifetime, for an average duration of almost two years. Stalking safety kits empower stalking victims with tools to help them focus on safety, document the crime and access available resources.? Blanchard highlighted the 2006 Maine Crime Victimization Survey that found that about 12% of respondents were victims of stalking behavior in the past year.

Only a few domestic violence projects and sexual assault support centers in Maine currently have a supply of stalking safety kits, which include flashlights, disposable cameras, journals and pens, cell phone programmed to 9-1-1, whistles, rubber gloves and plastic bags for evidence collection, as well as information about stalking resources. Through generous funding from the Department of Public Safety and Northern District Wal-Mart stores, sexual assault and domestic violence advocates were able to assemble 1,000 stalking safety kits and distribute them in communities throughout the state.

?As a company employing over 2,500 people in northern Maine, we see domestic violence and stalking situations every day. We need to do something to stop this and prevent people from getting hurt,? said Don Emmons, Community Involvement Coordinator, Brewer Wal-Mart. The Northern District Wal-Mart stores donated $3,200 to help purchase materials for the stalking safety kits.

Donna Strickler, Executive Director of Sexual Assault Crisis and Support Center, explained that over the last several months domestic violence and sexual assault advocates have been cross-trained to provide advocacy and support to all victims of stalking. Strickler said, ?Stalking instills great fear and anxiety in victims and it is often devastating to their lives. We want victims to know that help is only a phone call away.?

MCEDV and MECASA are committed to providing support, safety planning and other resources to stalking victims regardless of their relationship to the perpetrator. Victims should be directed to call the statewide domestic violence helpline: 1.866.834.HELP or the statewide sexual assault crisis and support line: 1.800.871.7741 (or TTY: 1-888-458-5599) for support.

There were insufficient funds to purchase cell phones. Please ask the public to drop off their old cell phones at their local domestic violence project or sexual assault center.

1000 Stalking Safety Kits Assembled and Available for Victims

State Leaders Sound The Alarm About Stalking

January 10, 2008

1000 Stalking Safety Kits Assembled and Available for Victims

Yesterday more than 30 volunteers gathered at the Department of Public Safety to sound the alarm about stalking and to assemble 1000 stalking safety kits which will be distributed across the state and made available to stalking victims.

Speaking to the crowd of volunteers, Attorney General Steve Rowe said that as a society, we haven?t been clear that stalking behavior is unacceptable and dangerous. His message was simple, ?Stalking is a serious crime that can and does lead to other crimes like physical assault, sexual assault and murder.? Rowe continued, ?If you try to manage a stalker on your own, you could be putting yourself in even greater danger.? He encouraged victims to report stalking behavior to law enforcement and to reach out to other community resources for help.

Governor Baldacci has proclaimed January Stalking Awareness Month in Maine. Victim advocates from the Maine Coalition to End Domestic Violence (MCEDV) and the Maine Coalition Against Sexual Assault (MECASA) organized this stalking safety kit assembly event to educate the public about the pervasive crime of stalking and to create valuable tools for victim safety.

Nicky Blanchard, MCEDV Public Awareness and Prevention Coordinator, said, ?Although stalking prevalence is high in Maine, public awareness about stalking as a crime remains dangerously low. One in 12 women and one in 45 men will be stalked in their lifetime, for an average duration of almost two years. Stalking safety kits empower stalking victims with tools to help them focus on safety, document the crime and access available resources.? Blanchard highlighted the 2006 Maine Crime Victimization Survey that found that about 12% of respondents were victims of stalking behavior in the past year.

Only a few domestic violence projects and sexual assault support centers in Maine currently have a supply of stalking safety kits, which include flashlights, disposable cameras, journals and pens, cell phone programmed to 9-1-1, whistles, rubber gloves and plastic bags for evidence collection, as well as information about stalking resources. Through generous funding from the Department of Public Safety and Northern District Wal-Mart stores, sexual assault and domestic violence advocates were able to assemble 1,000 stalking safety kits and distribute them in communities throughout the state.

?As a company employing over 2,500 people in northern Maine, we see domestic violence and stalking situations every day. We need to do something to stop this and prevent people from getting hurt,? said Don Emmons, Community Involvement Coordinator, Brewer Wal-Mart. The Northern District Wal-Mart stores donated $3,200 to help purchase materials for the stalking safety kits.

Donna Strickler, Executive Director of Sexual Assault Crisis and Support Center, explained that over the last several months domestic violence and sexual assault advocates have been cross-trained to provide advocacy and support to all victims of stalking. Strickler said, ?Stalking instills great fear and anxiety in victims and it is often devastating to their lives. We want victims to know that help is only a phone call away.?

MCEDV and MECASA are committed to providing support, safety planning and other resources to stalking victims regardless of their relationship to the perpetrator. Victims should be directed to call the statewide domestic violence helpline: 1.866.834.HELP or the statewide sexual assault crisis and support line: 1.800.871.7741 (or TTY: 1-888-458-5599) for support.

There were insufficient funds to purchase cell phones. Please ask the public to drop off their old cell phones at their local domestic violence project or sexual assault center.

CONTACTS: Gretchen Ziemer, ME Coalition to End Domestic Violence (207) 941-1194 (gretchen@mcedv.org) Sarah Stewart, ME Coalition to Against Sexual Assault (207) 626-0034 (awareness@mecasa.org) David Loughran, Special Assistant to the Attorney General (207) 626-8577 (david.loughran@maine.gov)

Attorney General Report on Law Enforcement Officer?s Use of Deadly Force on October 27, 2007

January 11, 2008

Attorney General Steven Rowe announced today, January 11, 2008, that he has determined that Gorham Police Officer Dean Hannon was legally justified when he fired his weapon at a vehicle occupied by Andy V. Luong, age 22, the night of October 27, 2007, on Route 25 near 475 Ossipee Trail Road in Gorham.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Officer Hannon in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer?s public duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person or at a moving vehicle is deadly force under Maine law.)

Attorney General Rowe determined that, based on the investigation and legal analysis conducted by his office, Officer Hannon actually and reasonably believed that unlawful deadly force was imminently threatened by Mr. Luong against him. Further, based on the investigation and legal analysis, Attorney General Rowe determined that Officer Hannon actually and reasonably believed that deadly force on his part was necessary to protect him from the imminent threat.

The Attorney General reported the following findings from his office?s investigation:

In the late evening hours of October 27, 2007, an armed confrontation, which included an exchange of gunfire, took place in the parking lot of the Howard?s Sports Center in Saco. Following the fatal shooting of Seiha Srey, Andy Luong and two other individuals involved in the confrontation escaped from the scene in a 2002 white Mercury Sable sedan, with Maine registration plate number 5535NZ. The Saco Police Department responded to citizen calls concerning the gunfight and alerted area law enforcement agencies to be on the lookout for the escape vehicle. The Saco Police notifications included information that there were possibly three suspects, a potential hostage and that the vehicle?s occupants were armed with an assault rifle and were considered high-threat suspects.

At approximately 11:00 P.M. on October 27, 2007, Buxton Police Officer Kimberly Emery, in response to the Saco Police broadcast, was situated in her marked police vehicle surveilling the area of Route 112 for automobile traffic traveling from Saco into her jurisdiction. Emery observed the white Mercury Sable and advised her dispatcher. Emery requested assistance before attempting to affect a vehicle stop. Within minutes, Buxton Police Officer Christine LaBranche in her own marked police vehicle took up a position following Emery who was maintaining visual contact with the suspect Mercury. At or near the intersection of Routes 112 and 202 in Buxton, Emery activated the emergency lights of her vehicle and tried to initiate a traffic stop. The Mercury sedan continued on and accelerated through a red traffic light initiating what became a 14 mile police pursuit.

Shortly after the pursuit began, Gorham Police Officer Dean Hannon, while on duty, was at his home in Gorham changing his uniform as a result of a previous police action. Hannon heard police radio traffic advising that the Buxton Police were involved in a high speed chase along Route 112 traveling in the direction of Gorham. Officer Hannon contacted the Cumberland County Communications dispatcher, advised that he was available and asked whether on-duty Gorham Police Officer Sears Edwards wanted him to respond to assist in the pursuit. Hannon was advised to do so. Hannon was joined in a collective effort by Officer Edwards and another on-duty Gorham Police Officer, Theodore Hatch.

In an effort to intersect the pursuit, Officer Hannon traveled in his marked police vehicle along certain roadways he anticipated would allow him to converge with the pursuing officers. He learned from police radio communications that Officer Hatch had deployed a spike mat on Route 112 in the vicinity of the Finn Parker Road and Hannon then positioned himself further along Route 112 for the purpose of deploying a second spike mat.

Almost immediately, Officer Hannon encountered the suspect vehicle being pursued by other officers. According to Hannon, he positioned his own vehicle across the roadway leaving an access route for the suspect driver, who, upon encountering Hannon?s police vehicle, directed the Mercury within ?inches? of the stationary cruiser.

Officer Hannon gave chase and became the lead police vehicle which made up a multi-cruiser pursuit. It was at this point, that Hannon stated that he learned via radio traffic that the occupant(s) of the Mercury were believed to be in the possession of a firearm. Hannon (as did other officers) observed the Mercury operate repetitively into oncoming traffic while traveling some 15 to 20 miles per hour over the posted speed limit, failing to stop as directed by the emergency vehicle lights and sirens.

As the pursuit continued, Officer Hannon utilized the spotlight of his cruiser to illuminate the interior of the Mercury. He stated that he could observe one individual (the driver) but could not be certain if there were others concealed within. The Mercury had incurred damage to both the front and rear tires on the driver?s side as a result of the spike mat deployment by Officer Hatch. When the pursuit entered Route 25 in Gorham, the total complement of officers involved at that point included Hannon, followed by Emery, LaBranche, York County Sheriff?s Deputy Shawn Sanborn, Buxton Police Officer Michael Grovo and Officer Hatch. Given the totality of the circumstance and the danger to the public safety, Officer Hannon chose to maneuver his vehicle forward of the suspect Mercury and to gain sufficient distance from where he could stop and deploy a second spike mat. Hannon was successful in passing the Mercury and, once in front, Hannon slowed to try to get the Mercury operator to slow down as well. The Mercury operator then attempted to pass Hannon. Hannon accelerated and, once an adequate distance forward of the Mercury, Hannon brought his vehicle to a stop along Route 25 (also known as the Ossipee Trail Road) at or about number 475 Ossipee Trail Road. At approximately 11:17 P.M., Hannon exited his vehicle and prepared to deploy a spike mat. The emergency lights of Hannon?s vehicle were operational as were the emergency lights and sirens of the police vehicles pursuing the Mercury.

The operator of the Mercury, now traveling on a fully deflated left rear tire and the rim on the front left, slowed and brought his vehicle to a stop some 139 feet from Officer Hannon?s position.

Officer Hannon stated that, due to Mercury?s headlights, he could not see any movement inside the Mercury. Hannon stated that he felt vulnerable to gunfire from the occupant(s) of the Mercury from his position behind his cruiser (as he was silhouetted by his cruiser?s flashing emergency lights). Hannon un-holstered his weapon, made his way around the portion of his police vehicle furthest from the Mercury and then began to quickly move in a southwesterly direction across Route 25 (to the left from Hannon?s perspective) to take cover behind a truck that was parked near the roadside. Hannon stated that, as he proceeded on foot across Route 25 with his handgun out, he heard the sound of what he believed to be a gunshot from a high powered rifle and observed barrel flash from inside the Mercury. Hannon stated that, while ?completely exposed? to the occupant(s) of the Mercury at this point, he believed he was under fire and, being absent of any cover, feared for his safety.

Officer Hannon stated that he ?crouched down? and discharged his .40 caliber Glock service weapon, what he believed to be one time at the Mercury. He then moved forward ?a step or two? and fired what he believed to be a second round at the Mercury. Hannon continued on foot across Route 25 until he reached the roadside and took cover. (Although Hannon recalled firing two rounds, the investigation revealed that he actually discharged his service weapon a total of three times in the maneuver.)

During the minutes that followed, Officer Hannon and other officers made a tactical approach to the Mercury and found the sole occupant to be Andy V. Luong. It was obvious to those officers that Luong had suffered a traumatic injury, was blood-soaked and unconscious. Luong was holding a Kalashnikov style AK-47 7.62 mm assault rifle with the barrel pointed upwards and his hand along the trigger mechanism. Hannon, in the company of other officers, used a metal baton to smash out the driver?s side window of the Mercury and Hannon disarmed Luong who offered no resistance and showed no sign of life.

Emergency medical personnel were called to the scene. Based on life sign evaluations, they concluded Luong was deceased.

Based on the investigation, which included an on-scene examination by the Deputy Chief Medical Examiner as well as an autopsy, it was determined that Mr. Luong died as the result of a single self-inflicted gunshot from the assault rifle into his mouth. The bullet exited the back of Mr. Luong?s head and shattered the left rear passenger window of the Mercury. It was also determined that the rounds fired by Officer Hannon did not strike Mr. Luong or the vehicle.

Detectives from the Attorney General?s Office went to the scene of the shooting to conduct an investigation. They were assisted by detectives and forensic specialists from the Maine State Police. The Gorham Police Department cooperated fully with the investigation.

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David Loughran, (207) 626-8577

Attorney General Report on Law Enforcement Officer?s Use of Deadly Force on November 3, 2007

January 11, 2008

Attorney General Steven Rowe announced today, January 11, 2008, that he has determined that Cumberland County Deputy Sheriff Andrew Feeney was legally justified when he shot and wounded Peter M. Ronfeldt, age 28, the night of November 3, 2007, outside the home of Ronfeldt?s father on the River Road in Limington.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Deputy Feeney in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer?s public duty.

Under the Maine Criminal Code, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person or at a moving vehicle is deadly force under Maine law.)

Attorney General Rowe determined that, based on the investigation and legal analysis conducted by his office, Deputy Feeney actually and reasonably believed that unlawful deadly force was imminently threatened by Mr. Ronfeldt against him. Further, based on the investigation and legal analysis, Attorney General Rowe determined that Deputy Feeney actually and reasonably believed that deadly force on his part was necessary to protect him from the imminent threat.

The Attorney General reported the following findings from his office's investigation:

Shortly after 11 P.M. on November 3, 2007, Alexander Ronfeldt, 61, of Limington called the emergency line of the York County Sheriff?s Office and reported that an intruder armed with a rifle or shotgun was trying to gain entry into Alexander Ronfeldt?s house. Alexander Ronfeldt told the dispatcher that he had armed himself in response. Alexander Ronfeldt further told the dispatcher that he believed the intruder to be his estranged son, Peter Ronfeldt, of whom he was fearful. York County Deputy Sheriff Stanley Moore was dispatched to Alexander Ronfeldt?s residence. The closest York County backup deputy was a significant distance from Limington, resulting in Deputy Andrew Feeney of the Cumberland County Sheriff?s Office being dispatched to assist Deputy Moore. Both deputies were informed by their respective dispatchers that the intruder was reported to be armed with a firearm.

Both deputies arrived at Alexander Ronfeldt?s residence in Limington at about the same time -between 11:15 and 11:30 P.M. They were both in uniform and were driving marked cruisers. The deputies parked their vehicles on River Road at the bottom of Alexander Ronfeldt?s driveway. The deputies made their way on foot towards the residence in order to contact Alexander Ronfeldt and secure his safety. Deputy Moore remained in radio contact with the police dispatcher who was, at the same time, speaking with Alexander Ronfeldt by telephone and informing him that police officers had arrived at his residence.

Deputy Feeney told investigators that as soon as the officers began walking up the driveway, Deputy Feeney drew his service weapon (a .40 caliber Smith and Wesson handgun) and Deputy Moore carried an assault rifle. Feeney also stated that neither he nor Deputy Moore used their flashlights to illuminate the area, notwithstanding the fact that it was ?pitch black? outside, because they did not want to make themselves targets. As the Deputies approached to within 15 feet of the Ronfeldt home, they were approximately 10 to 15 feet apart from each other. According to Feeney, he stepped to the left side of the house with his flashlight in his left hand and his service weapon in his right hand. Feeney described his wrists as being crossed, with his right hand (with the gun) on top of his left (with the flashlight).

According to Deputy Feeney, there were no lights on either inside or outside of the house, except for what appeared to be the flickering of a television. Feeney said that he moved to the left front of the house with the intention of making sure that no one was there. He further stated that, as he looked around the corner of the house, he observed a combination of movement and a figure. Feeney said that he ?tapped? his flashlight, meaning that he gave a very brief flash of light to illuminate the area, and when he did, he saw a man three to five feet away holding a long gun at chest height with the barrel pointed directly at Feeney?s chest.

Deputy Feeney said that it was ?obvious? to him that the weapon was a shotgun because of the ?big round barrel.? Feeney estimated that the barrel of the gun was approximately 3 to 5 feet away from him. Feeney stated that his first thought was that he was going to be shot and that his life was in danger. Feeney moved quickly and stumbled backwards and to the left, with the purpose of trying to avoid being shot directly in the chest. As Deputy Feeney was going backwards, he fired his weapon two or three times, according to his best recollection.

Deputy Moore moved quickly to Feeney?s position and both officers found Peter Ronfeldt, wounded and in a sitting position, along the outside wall of the residence. Peter Ronfeldt was conscious and alert, and engaged the two deputies in an agitated dialogue. Deputy Moore stated that he observed the blade of a knife sticking out of Ronfeldt?s left front pocket. It was determined that Ronfeldt had been struck twice by Feeney?s gunfire, once in the mid-torso and once in the upper left chest. Feeney and Moore administered emergency aid to Ronfeldt and summoned medical personnel to the scene. Ronfeldt was taken by ambulance to a Portland hospital and treated for the two gunshot wounds.

It was determined that the weapon possessed by Peter Ronfeldt was a single-shot 12-guage shotgun loaded with #00 buck magnum ammunition. Contrary to a claim by Peter Ronfeldt that the shotgun was inoperative, Maine State Police Crime Laboratory forensic specialists determined the weapon to be functional.

Detectives from the Attorney General?s Office went to the scene of the shooting to conduct an investigation. They were assisted by detectives and forensic specialists from the State Police. The Cumberland County Sheriff?s Office cooperated fully with the investigation.

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David Loughran, (207) 626-8577

Maine Announces Nationwide Agreement With MySpace to Boost Social Networking Safety

January 14, 2008

In a victory for Maine?s children, Attorney General Rowe and 49 other attorneys general today announced that MySpace has agreed to significant steps to better protect children on its web site, including creation of a broad-based task force to explore and develop age and identity verification technology.

MySpace acknowledged in the agreement the important role of this technology in social networking safety and agreed to find and develop on-line identity authentication tools. The attorneys general advocate age and identity verification, calling it vital to better protecting children using social networking sites from on-line sexual predators and inappropriate material.

Other specific changes and policies that MySpace agreed to develop include: allowing parents to submit their children?s emails so MySpace can prevent anyone using those emails from setting up profiles, making the default setting ?private? for profiles of 16- and 17-year-olds, promising to respond within 72 hours to inappropriate content complaints and committing more staff and/or resources to review and classify photographs and discussion groups.

The agreement culminates nearly two years of discussions between MySpace and the attorneys general. The attorneys general were led by North Carolina Attorney General Roy Cooper and Connecticut Attorney General Richard Blumenthal, co-chairmen of executive committee consisting of Connecticut, North Carolina, Georgia, Idaho, Massachusetts, Mississippi, New Hampshire, Ohio, Pennsylvania, Virginia and the District of Columbia.

The states pushed MySpace for changes after sexual predators repeatedly used the site to victimize children.

Attorney General Rowe said, ?Predators are actively using social networking sites to groom young unsuspecting victims. The safeguards required by this agreement will help keep children safer online, but we must do more.? Rowe said parents must monitor their children?s online activity and establish rules for meeting people online. ?If a parent warns a child not to talk to strangers the child meets in a park, the same rule should apply to strangers the child meets online,? Rowe said.

Under the agreement, MySpace, with support from the attorneys general, will create and lead an Internet Safety Technical Task Force to explore and develop age and identity verification tools for social networking web sites. MySpace will invite other social networking sites, age and identify verification experts, child protection groups and technology companies to participate in the task force.

The task force will report back to the attorneys general every three months and issue a formal report with findings and recommendations at the end of 2008.

MySpace also will hire a contractor to compile a registry of email addresses provided by parents who want to restrict their child?s access to the site. MySpace will bar anyone using a submitted email addresses from signing in or creating a profile.

MySpace also agreed to:

? Strengthen software identifying underage users; ? Retain a contractor to better identify and expunge inappropriate images; ? Obtain and constantly update a list of pornographic web sites and regularly sever any links between them and MySpace; ? Implement changes making it harder for adults to contact children; ? Dedicate meaningful resources to educating children and parents about on-line safety. ? Review its icon to report abuse to determine whether it should be modified or replaced; ? Create a closed ?high school? section for users under 18.

The Joint Statement on Key Principles of Social Networking Safety recognizes that an ongoing industry effort is required to keep pace with the latest technological developments and develop additional ways to protect teens, including online identity authentication tools.

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David Loughran, (207) 626-8577

Court Orders Vandal to Stay Away from Clinic

January 11, 2008

Today, Attorney General Steve Rowe announced that the Maine Superior Court has issued an Order under the Maine Civil Rights Act against Roland Cloutier of Topsham, Maine, arising from his repeated vandalism of the sign in front of the offices of Planned Parenthood of Northern New England at the Bowdoin Mill Complex in Topsham.

The State?s Complaint alleged that, sometime over the spring or early summer, Cloutier, 72 years old, scrawled graffiti on the horizontal arm extending from the sign post. The graffiti?s message was both offensive and threatening to those seeking health care at the facility. Over the weekend of August 24, 2007, Cloutier again vandalized the sign with an anti-abortion message and scribbled marks over the lettering for Planned Parenthood of Northern New England. His vandalism in August was captured on a security camera installed by Planned Parenthood in response to the repeated vandalism of its sign.

The Court?s Order permanently enjoins Cloutier from coming within 150 feet of the offices of Planned Parenthood of Northern New England or using violence or property damage to interfere with the right of Planned Parenthood or other reproductive health providers to advertise their services. Cloutier also agreed under the Order to pay restitution to Planned Parenthood in the amount of $488, the cost of replacing the sign.

?Maine people have a right to receive health care services without interference by vandals.? Attorney General Rowe stated, ?My Office will continue to bring actions under the Maine Civil Rights Act to enjoin vandalism targeted at interfering with people?s constitutionally guaranteed rights.?

The Attorney General praised the Topsham Police Department for its investigation of the incident. The department referred the case to the Attorney General for action under the Maine Civil Rights Act.

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Daavid Loughran, (207) 626-8577

Mortgage Company Agrees to Stop Misleading Banks

January 18, 2008

NEWS RELEASE

Today, Attorney General Steve Rowe announced that Maine Mortgage Group of Scarborough, ME, a licensed mortgage loan broker, has entered into a Superior Court Consent Decree which resolves the State?s Unfair Trade Practice Act Complaint. The State charged that Maine Mortgage Group helped falsify a homeowner's mortgage application in order to persuade the lender that the homeowner was a good loan risk.

The State?s Complaint alleged that Maine Mortgage Group made a $7,000 short-term loan to the homeowner in order to make the homeowner?s assets appear larger than they actually were. ?This type of deceptive behavior is one of the causes of the current housing crisis.? Rowe said. ?Falsifying loan applications has resulted in many homeowners receiving loans that they cannot afford, eventually resulting in foreclosure?

Pursuant to the Court?s Order, Maine Mortgage Group must cease making such deceptive loans and provide restitution totaling $3,615. They must also pay a $5,000 civil penalty. The Consent Decree states that Maine Mortgage Group does not admit to any wrongdoing.

?Homeowners in debt are often desperate to refinance their homes to get cash out.? said Attorney General Rowe. ?Obtaining a mortgage that a homeowner cannot afford often leads to tragic consequences. Loan brokers should never assist a homeowner in misleading a bank to believe that the loan application is sounder than it is.?

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David Loughran, (207) 626-8577

Court Orders Biddeford Auto Dealer to Sell Vehicles at the Advertised Price

January 18, 2008

NEWS RELEASE

Today, Attorney General Steve Rowe announced that Five Star Auto Sales, a used car dealership in Biddeford, Maine, has entered into a Superior Court Consent Decree which resolves the state?s Unfair Trade Practice Act Complaint. The State?s complaint charged that Five Star Auto Sales used improper sale tactics to unfairly increase the advertised price of its vehicles.

?The issue here is simple. If you advertise the price of a product, then you need to sell the product for that price.? Rowe commented.

Pursuant to the Consent Decree, Five Star Auto Sales is prohibited from increasing the advertised price of a motor vehicle by charging a document preparation fee or using unfair or deceptive tactics to sell an extended service contract.

Five Star Auto Sales is also prohibited from advertising a vehicle at a specific price and then, without the consumer?s informed agreement, increasing that advertised price, unless the increase is made in accordance with the Attorney General?s Advertising Rules.

Rowe continued, ?The State?s Advertising Rules have the simple goal of allowing consumers to purchase a car for the advertised price. Bait & switch methods of advertising violate the Unfair Trade Practices Act. My office will continue to take action against companies that employ deceptive pricing methods.?

The Consent Decree states that Five Star Auto Sales did not admit to any wrongdoing. Pursuant to the Court?s Order, Five Star Auto Sales must provide restitution to its customers totaling $4,723 and must also pay a civil penalty totaling $5,000.

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David Loughran, (207) 626-8577

AG Sues Oil Company for Failing to Honor Pre-Paid Contracts

January 22, 2008

NEWS RELEASE Maine Attorney General Steve Rowe announced that on Friday, January 28th, the State of Maine filed an Unfair Trade Practices Complaint against Nicholas Curro, d/b/a/ Price Rite Oil, d/b/a/ Veilleux Oil & Service, d/b/a/ Perron Oil

The complaint alleges that Mr. Curro (a) induced customers to enter into pre-paid contracts for heating oil by misrepresenting when and how the oil would be delivered; (b) failed to deliver oil according to the contract terms; and (c) failed to honor customers? request for refunds.

The complaint further alleges that Mr. Curro failed to take reasonable steps to obtain and maintain the ability to fulfill the prepaid contracts he entered into with customers and that he specifically failed to maintain the required security for prepaid contracts for the delivery of fuel in violation of Title 10 Maine Revised Statutes Annotated (MRSA), Section 1111.

The complaint alleges that Mr. Curro actions violate the Maine Unfair Trade Practices Act, Title 5 MRSA section 207.

The lawsuit filed by the Attorney General seeks restitution on behalf of the customers and prohibits Curro from (a) advertising, selling or distributing heating oil in Maine, (b) entering into prepaid contracts for any goods or services sold in Maine and (c) taking deposits in advance of delivering goods or performing services in Maine. The State also seeks a civil penalty of $10,000 for each intentional violation of the Unfair Trade Practices Act.

?Mr. Curro?s deceptive practices have not only resulted in a loss of money for Maine people, they have potentially put some people?s health in danger.? Rowe said. ?As the price of heating oil climbs it is more critical than ever that dealers honor their contracts.?

The Attorney General?s Consumer Protection Division initiated its investigation after receiving complaints from customers of Price Rite, Veilleux and Perron Oil. As of January 22, 2008, the Attorney General has received 124 complaints.

For information on your rights as a consumer of heating fuel, please visit www.maine.gov/ag

If you need information on help purchasing heating fuel dial 211 from any phone in Maine or visit Maine Housing Authority?s website, www.mainehousing.org.

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David Loughran, (207) 626-8577

Maine to Represent Consumers on Prescription Drug Trial Advisory Group

February 6, 2008

Maine Attorney General Steve Rowe has been asked to represent America?s consumers as part of a national group advising the federal government how to require drug companies to report the results of clinical drug trials on a publicly accessible website.

Maine is the only state with a representative on the federal advisory group. The federal Working Group on Clinical Trials was created by the National Library of Medicine to help it implement a new federal law requiring the public reporting of clinical drug trials. The new law was enacted in September 2007.

?The State of Maine has led the fight to crack the veil of secrecy surrounding prescription drug trials.? Rowe said, ?Maine?s national leadership on this issue is the reason the federal group asked us to participate.?

Maine is alone among the states in requiring drug companies to register clinical trials and to post the results on publicly accessible websites.

Maine enacted its law in response to reports that drug companies were not disclosing to prescribers or to the public the results of clinical drug trials that raised questions or cast doubts about the safety or effectiveness of new drugs being used by consumers.

?By having readily available information about the safety and effectiveness of new prescription drugs, Maine people can make better choices about their health care.? Rowe continued.

Under rules jointly developed by the Maine Department of Health and Human Services and the Maine Attorney General, manufacturers must complete by April 1 of this year the posting of results of clinical trials that began after October 15, 2002, for all drugs that are dispensed or administered in Maine. More recent clinical drug trials are already posted on websites; links to those sites can be found on: www.maine.gov/dhhs/boh/clinical_trials.htm

The federal law will create a national standard for the public registration and reporting of results of clinical drug trials. The federal law must take full effect by September of 2010, at which time it will replace Maine?s law.

?By participating in the group, Maine will represent the interests of consumers and states in the meaningful public disclosure of clinical drug trial results.? Rowe added. The federal group will advise the National Library of Medicine on implementing the federal law.

Assistant Attorney General Tom Bradley will represent the Maine Attorney General on the federal advisory group. Bradley is a 1992 graduate of the University of Maine School of Law in Portland and joined the Maine Attorney General?s Office in 2004, where he has worked on many consumer issues involving the prescription drug industry.

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January, 2008 David Loughran, (207) 626-8577

Maine Recovers $2.2 Million in Medicaid Money from Pharmaceutical Company

February 7, 2008

Maine Attorney General Steve Rowe today announced that Maine?s Medicaid program will receive approximately $2.2 million as part of two separate global settlements with Merck & Co., Inc.. The settlements involve 49 states, the District of Columbia and the federal government, totaling $649 million.

?This is a significant recovery for Maine?s Medicaid program,? Attorney General Rowe said.

?This is another example of a large pharmaceutical company trying to ?game the system? to line its corporate pockets at the expense of health care consumers. Merck?s creative interpretation of federal Medicaid law was not only an example of corporate greed, it was also illegal,? said Rowe.

Merck is the manufacturer of the drugs Zocor, Vioxx, and Pepcid. The agreements with Merck, resolve allegations that the company failed to pay rebates due state Medicaid Programs under the Federal Medicaid Drug Rebate statute. The settlements also resolve claims filed by whistleblowers in the United States District Court for the Eastern District of Pennsylvania United States ex rel. H. Dean Steinke v. Merck & Co., Inc., (U.S. Dist. Ct. No. 00-6158 [E.D. PA]), in the United States District Court of Nevada State of Nevada ex rel. H. Dean Steinke v. Merck & Co., Inc., (U.S. Dist. Ct. No. CV-N-05-322 [D. Nev.]), and in the Eastern District of Louisiana United States ex rel. William St. John LaCorte, M.D. v. Merck & Co., Inc., (U.S. Dist. Ct. No. 99-3807 [E.D. LA]).

Pharmaceutical manufacturers that supply products to Medicaid Recipients are required by the Federal Medicaid Drug Rebate law to give the Medicaid Programs the benefit of the ?best price? available for those products. The manufacturers are required to file ?best price? information with the Centers for Medicare and Medicaid Services (CMS). This information is then used to calculate rebates to be paid by these manufacturers to the state Medicaid Programs. In general, the lower the ?best price?, the higher the rebate obligation. The federal law requires the ?best price? reported by the manufacturers to include discounts. However, prices that are considered ?merely nominal? are exempted from the reporting requirement. The states have maintained that ?merely nominal? means the discounted price is not tied to any conditions, such as volume purchase requirements or market shares.

The cases that were pending in Pennsylvania and Nevada involve the SAVE and VIP programs, which were two Merck discount programs wherein Merck tried to use the nominal price exceptions. The SAVE program (Simvastatin Acute-care Value Enhancement program), was for the marketing of the drug Zocor, and the VIP program (Vioxx Incentive Program) was for the drug Vioxx. At the heart of each program was an agreement that Merck would sell the drugs to hospitals at a 92% discount from the catalog price, but only if the hospitals reached certain market shares for the drugs. Because the 92% discounts were conditioned on the hospitals? volume purchases to reach certain market shares, the states contend that the resulting discounted prices were not ?merely nominal?. Therefore, the states contend that Merck was required to report these discounted prices to CMS, and that their failure to do so resulted in less rebates paid to the state Medicaid programs.

The case in Louisiana involved Merck?s drug Pepcid, and another discount program, Flex NP. Under this program, Merck sold various formulations of Pepcid to hospitals in bundled pricing arrangements. In exchange for the hospital meeting a certain market share or other purchase requirements, Merck gave hospitals an array of discounts of up to 92% on Pepcid tablets, and lesser discounts on other types and formulations of Pepcid. According to the government, the transactions under the FLEX NP Program constituted ?bundled sales? which required Merck to adjust ?best price? among the different formulations to reflect these discounts. The states contend that Merck failed to reflect these discounts in their ?best price? reports, resulting in less rebates paid to the state Medicaid Programs.

In addition to the monetary recovery, Merck has entered into a Corporate Integrity Agreement with the United States Department of Health and Human Services? Inspector General. The Corporate Integrity Agreement will include provisions that will ensure that Merck will market, sell and promote its products in accordance with all Federal health care program requirements. Merck did, however, begin voluntary compliance initiatives associated with their sales and marketing activities prior to learning of the government?s investigation of the conduct associated with these settlements.

The National Association of Medicaid Fraud Control Units conducted the settlement negotiations on behalf of the states, with representatives of the Nevada, Illinois, Delaware and Massachusetts Medicaid Fraud Control Units leading the effort.

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Contact: David Loughran, (207) 626-8577

Attorney General Issues Statement on Mercury Ruling

February 11, 2008

?Today the United States Court of Appeals for the District of Columbia struck down Bush Administration regulations that exempted coal and oil fired power plants, including some of this country?s worst polluters, from their obligation to sharply decrease their mercury pollution. This ruling represents a significant victory for both the health of Maine people and our natural environment.

?Mercury can cause lasting nerve and brain damage and is particularly dangerous to pregnant women and small children. It is especially disturbing to me that the EPA, the federal agency responsible for protecting the environment, would actively look for ways to avoid its legal obligation to address this most serious environmental threat.

?The unanimous decision by the DC Circuit Court means that the EPA is going to have to regulate the emission of toxins in a real and meaningful way, just as Congress required in the Clean Air Act. Once again, the courts have rejected a Bush Administration attempt to put the profits of corporate polluters above the health of the American people.?

Contact: David Loughran (207) 626-8577

Use of deadly Force by Gardiner Police Officer and State Police Trooper Legally Justified

February 15, 2008

Attorney General Steven Rowe announced today that a Gardiner police officer, James Gioia, and a State Police trooper, Christopher Rogers, were legally justified when they used deadly force against Jason Wentzell, 28, of Vassalboro, during the early afternoon of December 21, 2007, in South Gardiner. Mr. Wentzell died as the result of a gunshot wound to the chest.

The Attorney General's investigation focused on the issue of whether the use of deadly force by the officers in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer?s public duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat of unlawful deadly force.

Attorney General Rowe determined, based on the investigation conducted by his office and the application of controlling Maine law, that Officer Gioia and Trooper Rogers actually and reasonably believed that unlawful deadly force was being imminently threatened against others by Mr. Wentzell, and that the officers also actually and reasonably believed that the use of deadly force on their part was necessary to protect the other persons. Therefore, both requirements of the law having been met, the use of deadly force by Officer Gioia and Trooper Rogers was legally justified.

The Attorney General?s investigation revealed the following:

On December 21, 2007, Officer James Gioia of the Gardiner Police Department was working patrol duties in uniform and a marked cruiser. While at the Gardiner Police Station at about noon, Gioia became aware of a broadcast issued by the Kennebec County Sheriff?s Office alerting officers in the area that Jason Wentzell, age 28, of Vassalboro, was suicidal and was possibly on his way to a residence in South Gardiner where his estranged wife was staying. The broadcast included a description of the vehicle being driven by Wentzell ? a blue 2005 Chevrolet pickup truck. Officer Gioia also became aware through an additional broadcast that Wentzell was armed.

In an attempt to locate Wentzell, Officer Gioia drove south along Route 24 from Gardiner to South Gardiner to the Richmond town line, turned around, and headed back north on the same road. At about 12:13 p.m., as he entered a built-up area known as South Gardiner village, Gioia saw two or three vehicles ahead of him stopped in the northbound lane of the roadway. Initially thinking a vehicle crash had occurred, Gioia activated the blue lights on his cruiser, drove into the oncoming southbound lane of travel, and came to a halt several feet short of the first stopped northbound vehicle. With travel in the northbound lane blocked, Gioia?s maneuver also blocked travel in the southbound lane.

Officer Gioia saw a man standing in the roadway carrying a rifle in such a manner that the barrel was pointed skyward. The man, later identified as Jason Wentzell, was pacing near what was later determined to be his blue 2005 Chevrolet pickup truck, which was at a standstill diagonally across the roadway in a fashion that totally precluded travel in the northbound lane and partially in the southbound lane. The driver?s door was fully open. The first vehicle stopped in the northbound lane was nearest Wentzell. It was soon determined that inside this vehicle was Wentzell?s estranged wife, his infant son, and his mother-in-law. The scene itself was less than a quarter-of-a-mile from the residence where Wentzell?s wife had been staying. It was later determined that when Wentzell, driving south on Route 24, saw his wife?s vehicle traveling north, he pulled his pickup diagonally across the road and stopped, which precluded his wife?s car from proceeding further.

Officer Gioia, having brought his cruiser to a stop and now standing in the ?V? of the open door armed with his .45 caliber service weapon, ordered Wentzell to drop his rifle. Wentzell refused. He shouted that ?this is between me and my wife.? Gioia issued similar commands multiple times, only to get the same response from Wentzell that this was between his wife and him. Gioia got back into his cruiser and drove it several feet closer to Wentzell to a point that the cruiser, still headed north in the southbound lane, and Wentzell?s wife vehicle, still at a standstill in the northbound lane, were parallel to one another. Gioia again got out of the cruiser and instructed Wentzell to drop the rifle. Wentzell continued pacing near his pickup truck in a relatively confined area of the roadway. Wentzell told Gioia that ?this does not concern you? and at other times in response to commands from Officer Gioia to drop the rifle, Wentzell responded that he was not there to hurt anyone but himself. Officer Gioia during this time had called for backup, radioing the dispatcher that there was a man with a rifle in the middle of the road on Route 24 in South Gardiner. Other officers in the area heard Gioia?s call for backup, including State Police Troopers Christopher Rogers and Jonathan Leach, who were each just a few miles away on other calls.

Just prior to Officer Gioia?s arrival at the scene, O?Neill LaPlante, an off-duty Richmond police officer who was unarmed and in a privately-owned vehicle, was driving north on Route 24 in South Gardiner when he came upon the vehicles stopped in the roadway. Very soon thereafter, Officer Gioia arrived and engaged Wentzell. When LaPlante later heard radio traffic inquiring about the availability of a police negotiator, he told Officer Gioia that he was a trained negotiator. LaPlante started talking with Wentzell in an attempt to calm him down and persuade him to relinquish the rifle. The attempt was unsuccessful. According to Officer Gioia, however, it did provide an opportunity while Wentzell was focused more on LaPlante for Gioia to instruct Wentzell?s wife to get everyone out of her car and to a safer location behind the police cruiser. According to both Gioia and LaPlante, Wentzell became angrier when he discovered that his wife was no longer in her car. Gioia?s continued instructions for Wentzell to drop the rifle were met with refusal and obscenities.

At 12:12 p.m., just prior to Officer Gioia?s arrival, a man cleaning snow from a nearby parking lot with his father called 911 on his cellular telephone and requested the police. The call was recorded by the 911 answering point. The caller said there was a man in the middle of the road ?holding a rifle at some people,? and that ?this guy?s nuts, somebody better get here quick.? The caller further reported that the man had ?the whole road blocked off? with his truck, and ?he?s screaming at people [in Wentzell?s wife?s car] to get out.? The caller stayed on the line with the 911 dispatcher for more than eight minutes during which time Wentzell can be heard on the recording shouting various statements, such as ?I?ve had enough. I?m [expletive] not giving anybody any more [expletive] chances. I?m done. I?ve had it. I don?t [expletive] deserve to live anymore. If she won?t get out of the car, it?s over. I?m not here to hurt anybody but myself.? Officer Gioia can be heard trying to persuade Wentzell to relinquish the rifle. Gioia: ?I want you to drop the gun.? Wentzell: ?I don?t care what you want. Do I look like I care what you want??

About six minutes had passed since Officer Gioia?s arrival at the scene when Chief James Toman of the Gardiner Police Department arrived, followed shortly by Troopers Christopher Rogers and Jonathan Leach. All three initially took up positions with their respective vehicles about 200 feet north of where Officer Gioia was located. This placed Wentzell, who was about 45 feet away from Officer Gioia, between the three additional officers and Officer Gioia. Trooper Rogers, armed with a rifle, eventually took up a position behind a tree on the west side of the roadway about 100 feet from Wentzell, while Trooper Leach, also armed with a rifle, took up a position behind a high snow bank on the east side of the roadway about 80 feet from Wentzell.

Neither Officer Gioia?s nor Officer LaPlante?s attempts to calm Wentzell or to persuade him to relinquish his rifle had succeeded. According to both Gioia and LaPlante, Wentzell became angrier when he learned that his wife was no longer present. Trooper Leach described Wentzell at that point as becoming more agitated and the tone of his voice sharper. All three officers recalled that it was at that point that Wentzell screamed an obscenity and raised the rifle to his shoulder with it pointed in a southerly direction towards Officers LaPlante and Gioia and the area where his wife, child, and mother-in-law had retreated. Chief Toman, and others, heard Officer Gioia, shout, ?No! You don?t want to do that.? At about the same time that Wentzell fired a single shot from his rifle, Officer Gioia and Trooper Rogers simultaneously shot at Wentzell. Trooper Leach also pulled the trigger on his rifle to shoot at Wentzell, but the rifle malfunctioned and did not discharge. Wentzell, struck by the gunfire from Officer Gioia and Trooper Rogers, fell to the ground. Approximately 13 minutes had elapsed from the time Officer Gioia arrived at the scene.

It was later determined that the one shot fired by Officer Gioia struck Wentzell in the upper chest. Trooper Rogers discharged two rounds in rapid succession, one of which struck Wentzell in the right knee, the other of which struck the butt of Wentzell?s rifle, which was later determined to be a .22 caliber semiautomatic. The single round fired by Wentzell struck and penetrated the hood of Wentzell?s wife?s car.

In addition to the 911 caller and his father, 13 other civilian witnesses were interviewed as part of the investigation. Ten of these witnesses were employees of a local business who were, at the time of the event, inside a nearby commercial building. Eight of the ten observed the event unfold in its entirety. Their accounts, as well as the accounts of five other witnesses who observed the event unfold in varying degrees, were consistent with the accounts given by the police officers involved. Also consistent with the several accounts of the event were the results of a scene examination and analysis conducted by evidence technicians, and a post-mortem examination conducted by Dr. Margaret Greenwald, the state?s Chief Medical Examiner.

Detectives from the Office of the Attorney General went to the scene of the shooting in South Gardiner to conduct the investigation. They were assisted in the investigation by several State Police detectives and technicians, as well as the Office of the Chief Medical Examiner and, later, the Maine State Police Crime Laboratory. Both the Gardiner Police Department and the State Police cooperated fully with the investigation and each agency is conducting its own internal departmental review of the incident.

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February 15, 2008 David Loughran, (207) 626-8577

US Supreme Court Issues Ruling in Rowe v NH Motor Transportation

February 20, 2008

Today the United States Supreme Court issued a ruling in Rowe vs. NH Motor Transport. The ruling strikes down provisions of a 2003 Maine law that required internet tobacco retailers to utilize carriers who take specific actions to ensure that packages containing tobacco products are not delivered to minors.

Attorney General Steve Rowe issued the following statement:

?Today?s decision is disappointing because it strikes down a law that prevents Maine children from buying cigarettes over the internet. Restricting access to tobacco products is one of the tools Maine has used to dramatically reduce youth smoking. Today?s decision has taken one of the State?s tools away and created a regulatory gap that will allow children to purchase cigarettes.

?The Maine law simply sought to ensure that children face the same barriers whether they try to purchase tobacco over the internet or in a brick and mortar store.

?In her concurring opinion, Justice Ginsberg referred to Maine?s law as a ?sensible enforcement strategy?. Although she concurred that Maine?s law was preempted by federal law, Justice Ginsberg stressed the need for Congress ?to act with care and dispatch to provide an effective solution.?

?This issue is now out of the courts and squarely in the laps of our federal Congress and President. I just hope that they have the courage to stand up to the tobacco and motor carrier industries and do what is right for the health of our nation?s children.

?Today?s decision is a loud and clear signal to Congress and the President to take immediate action to protect children from internet tobacco sales.?

Contact: David Loughran, 626-8577 February 20, 2008

Rowe Calls on Feds to Investigate Alcoholic Energy Drink

February 21, 2007

Today, Attorney General Steve Rowe urged the Alcohol and Tobacco Tax and Trade Bureau (TTB) to take immediate action to investigate allegations that Sparks and Sparks Plus alcoholic energy drinks contain unsafe levels of caffeine. The letter also requests TTB to determine if the alcohol content in Sparks alcoholic energy drink is higher than the 6.0% alcohol by volume disclosed on the label. Attorney General Rowe is joined by 15 attorneys general in calling for this action.

The request stems from a news report on February 1st by CBS4 in Miami. The report disclosed that independent laboratory tests found that 16 ounce cans of Sparks and Sparks Plus alcoholic energy drinks contain 214mg and 215mg of caffeine respectively. Attorneys general obtained the laboratory reports from the station and discovered that the laboratory also found that Sparks, which is labeled 6.0% alcohol by volume, contained 6.97% alcohol by volume.

TTB limits amounts of ingredients that can be added to or found in alcoholic beverages. The limit for caffeine is 200 parts per million. The amounts of caffeine purportedly found in Sparks and Sparks Plus are more than two times the allowable limit. In addition, federal law requires containers of malt beverage to contain truthful and accurate statements of alcohol content. Sparks is labeled as containing 6.0% alcohol by volume. If Sparks contains more than 6.0% alcohol by volume, the mislabeling of the product is a practice that is prohibited by federal law.

?I am gravely concerned about the negative health outcomes that may result from consumers unknowingly mixing dangerously high amounts of caffeine with higher than disclosed amounts of alcohol,? said Attorney General Rowe. ?Caffeine is a stimulant that can mask feelings of intoxication, giving drinkers the false impression that they can drink more and function normally. This is a recipe for disaster.?

The 15 attorneys general signing the TTB letter are all members of the National Association of Attorneys General Youth Access to Alcohol Committee. The Committee has been focusing on issues related to alcopops and alcoholic energy drinks as they are very popular with young drinkers. The Attorneys general highlighted recent findings by Dr. Mary Claire O?Brien in a Wake Forest University study of college students. The study found that college students,

including underage students, who drank alcoholic energy drinks were more likely to engage in heavy drinking and to have significantly higher prevalence of alcohol-related consequences, like sexual assault and physical injury, then those college drinkers who did not mix alcohol with energy drinks.

To view the CBS4 news report please visit: http://cbs4.com/video/?id=47055@wfor.dayport.com

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February 21 , 2008 Contact: Jessica Maurer, (207) 626-8515

AG Rowe Files Suit Over Medicaid Rule Change

February 29, 2008

Today, Maine Attorney General Steve Rowe announced the filing of a lawsuit against the United States Department of Health and Human Services (US DHHS) and Michael Leavitt in his capacity as Secretary of US DHHS. The Complaint, filed in the United States District Court for the District of Columbia, challenges a certain agency rule that would adversely impact many of Maine?s Medicaid recipients and cost the State?s general fund more than 16 million dollars in fiscal years 2008 and 2009.

The US DHHS promulgated an Interim Medicaid Program Final Rule on December 4, 2007 relating to Medicaid case management and targeted case management.

In the complaint, Maine and three other states allege that portions of the Interim Final Rule promulgated by the US DHHS are arbitrary, capricious, an abuse of discretion and not in accordance with the 2005 Deficit Reduction Act or any of the provisions of Title XIX of the Social Security Act. The complaint also alleges that the US DHHS violated the rule making requirements of the federal Administrative Procedure Act (APA) and that the Interim Final Rule does not provide a reasonable transition period for Maine to modify its case management programs.

Rowe said that many of the provisions in the Interim Final Rule will jeopardize the health and safety of Medicaid beneficiaries, limit the state?s flexibility to provide case management in the most effective and efficient manner and result in a substantial reduction in federal funds for Medicaid case management services.

?This federal rule will abruptly cut off funding that helps protect the health and safety of our state?s most vulnerable citizens. The rule is not only unfair to States and Medicaid beneficiaries, it is also illegal. We are confident that the federal court will find that the Secretary of Health and Human Services exceeded the authority given to him by Congress.? Rowe said. ?States derive no pleasure from suing the federal government. However, in this case, we must do so to protect the health and safety of our citizens.?

The Medicaid Program is a state-federal partnership designed to furnish medical assistance to certain low-income children elderly and disabled individuals whose income and resources are inadequate to pay for necessary medical services. States must comply with federal requirements specified in the Social Security Act (SSA) as well as the regulations and program guidance issued by the US DHHS pursuant to its authority under the SSA.

Rowe added, ?These services are fundamental to the lives of thousands of people across the state. Without the services their physical and mental health will decline. This will lead to a lower quality of life and an increase in the cost of care the state will have to provide.?

The State is asking that the Court bar the Federal Government from enforcing the new Medicaid rule and to award state?s costs and attorneys fees.

Case management is a service that assists beneficiaries in gaining access to needed medical, social, educational and other services. Targeted case management is case management that is targeted to beneficiaries with a particular diagnosis or condition such as individuals with developmental disabilities, individuals with mental illness, individuals with HIV/AIDS, children at risk of abuse and neglect and, foster care children in State custody.

Joining Maine in this lawsuit are Maryland, New Jersey and Oklahoma.

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February 29, 2008 David Loughran, (207) 626-8577

In Letter to Congress, Rowe Urges Drug Enforcement Funding Restored

March 3, 2008

NEWS RELEASE

Calling the funding essential to the operation of state crime and drug enforcement efforts, Attorney General Steve Rowe, joined by the 55 other Attorneys General from all jurisdictions of the United States today issued a letter calling on Congressional leaders to restore funding to the Edward Byrne Memorial Justice Assistance Grant Program (Byrne-JAG).

Byrne-JAG is currently the only source of funding available to local and state law enforcement for multijurisdictional drug enforcement, including methamphetamine initiatives, and is a critical source of funds for drug courts, law enforcement collaboration, gang prevention, and prisoner reentry programs.

In FY 2007, the Byrne-JAG program was funded at $520 million. For FY 2008, the Senate had originally funded the Byrne-JAG program at $660 million and the House at $600 million in their respective appropriations bills. However, in the omnibus FY 2008 appropriations bill signed into law by President Bush in December of 2007, the Byrne-JAG program funding was cut to $170 million for the coming year ? a 67 percent decrease from 2007 funding levels.

In FY 2007 Maine received $1,700,000 in Byrne-JAG grant money. For FY 2008, that amount has been reduced to approximately $600,000, a $1,100,000 million decrease from the 2007 funding level. In Maine, the Byrne-JAG money pays for six drug prosecutors in the Attorney General?s Office and13 task force officer positions in the Maine Drug Enforcement Agency, which is part of the Maine Department of Public Safety.

Rowe and the attorneys general assert in their letter that the Bryne-JAG cuts would devastate state law enforcement efforts by shutting down multi-jurisdictional drug and gang task forces, requiring layoffs of police and prosecutors, and cutting funding to programs proven to assist drug-addicted citizens in becoming productive members of society.

The effort to restore funding has been spearheaded by Maine Attorney General Steve Rowe, Colorado Attorney General John Suthers, Mississippi Attorney General Jim Hood, Nebraska Attorney General Jon Bruning, and Ohio Attorney General Marc Dann.

?Bryne-JAG funding has fueled successful drug investigations and prosecutions across the nation, resulting in a substantial reduction of drugs on our streets, said Attorney General Steve Rowe. ?If these cuts are not restored, years of progress in fighting drug trafficking will come to an end. Drug traffickers will undoubtedly view this as a green light to increase operations.?

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March 3, 2008 David Loughran, (207) 626-8577

Attorney General Presents the 7th Report of the Maine Domestic Abuse Homicide Review Panel

March 14, 2008

Attorney General Steve Rowe made the following comments at a press conference on March 14, 2008:

We are here to present the seventh report of the Domestic Abuse Homicide Review Panel.

The Panel was created by the Legislature more than 11 years ago in response to the unacceptable number of domestic violence related homicides. Over the years we have seen that half the homicides in Maine are domestic violence related, a statistic that is unfortunately still true today.

Domestic violence homicide is where an individual was killed at the hand of a family member or former intimate partner.

They are directed by statute to issue a report to the legislature every two years outlining their activities, conclusions and recommendations.

Members of the Panel represent a variety of professions whose work brings them in contact with battered individuals or the children. It is comprised of representatives from state and local law enforcement agencies, doctors and other health care workers, a judge, a journalist, advocates from the domestic violence community, and public policy makers from state government and academia.

It is charged with looking at all of the circumstances surrounding the homicide and to offer suggestions so such tragedies can be prevented.

The panel meets 8 or 9 times each year. I want to express my thanks and appreciation to Lisa, Margo, and members of the panel for their excellent work.

Before we cover the Panel?s work I would like to take just a few moments to talk about what domestic abuse is.

Quite simply, domestic abuse is caused by one person believing they have a right to exercise power and control over another.
The effects of domestic abuse are devastating.

But the targets are not the only victims. The mark left on a child who witnesses abuse can be so dire it often times cannot be erased.

Frequent exposure to violence can actually change the structure of the developing brain, particularly among children younger than three.

In fact, a child?s exposure to the father abusing the mother is the strongest risk factor for transmitting violent behavior from one generation to the next.

Kids who witness their parents? domestic violence are 3 times more likely to abuse their own partner than children of non-violent parents.

It takes no more than common sense to conclude that the best way to cut down on the number of domestic violence homicides is to cut down on the amount of domestic violence.

The recommendations outlined in this report are designed to do just that.

Over the past two years the panel reviewed 14 cases of domestic violence, incidents that led to the death of 15 Maine people.

The panel found that of the fourteen perpetrators, thirteen of them were adult men. It is also important to note that five of the fourteen killers also took their own life. Of the fifteen victims, thirteen were females.

Eleven homicides reviewed involved relationships between heterosexual couples. Six perpetrators were married to their victims at the time of the homicide. Two were live-in boyfriends, and one was a live-in girlfriend. Two of the perpetrators were former husband/boyfriend. One was a son. One was a son-in-law, and one was a brother. Finally, one perpetrator was the victims? boyfriend?s adult son.

Out of the fifteen victims, only one had a protection from abuse order at the time of the homicide.

Of the fourteen perpetrators involved in the cases reviewed by the panel, eleven killed their victims with firearms, two used knives, and one beat his victim.

For years we have seen pattern in domestic violence homicides where the perpetrator has a history of threatening suicide. It is essential that these threats be taken seriously. If someone is capable of hurting themselves then often times they are capable of hurting those around them.

The weapon of choice in all but three of the homicides was a firearm. In every murder suicide the perpetrator killed with a gun.

The information that was analyzed over the past two years continues to illustrate the devastating impact domestic violence has on children. You will read that of the fourteen cases reviewed, fifteen minor children lost one or both parents. Even more alarming is that ten of these children were present when their parent or parents were killed.

While these are stunning and unacceptable numbers, we must remember that even when domestic violence does not end in death, it exacts a tremendous toll on our children.

The report not only outlines the circumstances surrounding the homicides but also offers specific steps that can be taken to reduce the amount of domestic violence in Maine, and reduce the number of families plagued by this great evil.

One of the many people who worked very hard to produce this year?s report is the Panel?s chair, Lisa Marchese.

Lisa is an assistant attorney general in the criminal division of my office. In addition to being one of the State?s top homicide prosecutors she has served on the Domestic Abuse Homicide Review Panel for the past eleven years.

I would like to now turn this presentation over to Lisa who will tell you more about the work of the panel and the recommendations they have made.

David Loughran 626-8577

State Files Suit Against Drug Company

March 18, 2008

Attorney General Steve Rowe announced that the State of Maine has charged Abbott Laboratories and French drug company Fournier with violating antitrust laws in delaying the availability of a cheaper, generic version of TriCor, a cholesterol drug which last year accounted for over one billion dollars of Abbott?s sales.

A civil complaint filed in federal court in Delaware against Abbott and Fournier seeks triple the amount of damages incurred by the state?s public health agencies and individual consumers. Maine was joined in the suit by the states of Arizona, Arkansas, California, Connecticut, Florida, Iowa, Kansas, Maryland, Minnesota, Missouri, New York, Nevada, Pennsylvania, South Carolina, West Virginia and the District of Columbia.

The complaint stems from actions of the two drug companies to prevent the marketing of a generic version of the drug. TriCor is the brand name for a drug used to reduce high levels of triglycerides and cholesterol that Abbott began marketing in 1998. At issue in the complaint are Abbott and Fournier?s attempts to block a cheaper generic version of TriCor when generic drug companies began developing their own versions of the cholesterol lowering drug. Using patents obtained by deceiving the Patent Office with incomplete and misleading data, Abbott and Fournier brought a series of groundless patent infringement lawsuits against these generic companies.

Rowe stated ?These two drug companies manipulated the patent system and engaged in baseless litigation to keep generic competitors off the market. This resulted in higher profits for the drug companies and higher prices for Maine consumers.? Rowe noted that generic drugs often cost patients between 50 to 80 percent less than name brand counterparts. ?Maine will not tolerate anti-competitive practices intended to keep lower cost prescription drugs off the market? said Rowe.

According to the complaint, Abbott and Fournier filed over ten lawsuits against the generic companies between 2000 and 2004, during which time those companies were attempting to obtain Federal Drug Administration (FDA) approval for their generic versions of TriCor. Abbott and Fournier eventually lost or dismissed all of the lawsuits.

Abbott and Fournier knew that the patents upon which it based these lawsuits were unenforceable and that such actions could not succeed on their merits. Their infringement actions were therefore mere sham designed to exclude generic competition from the TriCor market.

At the same time, as part of its plan to block generic competition, Abbott and Fournier made minor changes in the formulations of TriCor, not to improve it, but rather to prevent generic versions from obtaining AB ratings that allow them to be substituted for the more costly TriCor. As a result of the product switches and patent litigation, the drug companies have successfully thwarted all generic competition, allowing the companies to charge monopoly prices for TriCor.

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NEWSRELEASE David Loughran, (207) 626-8577

MEGA Life to Pay Restitution, Record Fine

April 3, 2008

Augusta, Maine: The Maine Bureau of Insurance and the Maine Attorney General have resolved concerns about MEGA Life and Health Insurance Company?s (MEGA Life) flawed method of determining premiums for individual health insurance policies, including payment of a $1,000,000 fine against the company. The $1,000,000 represents a civil penalty of $250,000 for the years 2004, 2005, 2006, and 2007, which represents the time that MEGA Life wrote individual health policies in Maine. MEGA Life is also required to refund $4.6 million in overpaid premiums, plus interest, to consumers.

?This is one of the largest fines and consumer restitution agreed to in Maine,? stated Maine Insurance Superintendent Mila Kofman. ?The Bureau has a ?zero? tolerance policy for those choosing to skirt the law.?

?Based on the evidence, MEGA Life?s rates were determined to be excessive under Maine law,? added Attorney General Steve Rowe. ?Instead of bringing their rates down as required by law, MEGA Life continued to charge inflated rates. This practice resulted in Maine policyholders being over charged for years. This settlement will return the overcharge plus interest to the policyholder.?

MEGA Life has 30 days from the date of the decision to notify the Bureau of Insurance of the method it will use to allocate the restitution to specific policyholders. The settlement involves approximately 9,830 policies issued from January 1, 2004 through December 31, 2007. Thousands of people in Maine are affected.

Eric Cioppa, Deputy Superintendent of Insurance was the hearing officer in this case. Judith Shaw, Deputy Superintendent of Insurance prosecuted the case and negotiated the settlement agreement on behalf of Bureau of Insurance staff.

The Bureau of Insurance is part of the Department of Professional and Financial Regulation which encourages sound ethical business practices through regulation of insurers, financial institutions, creditors, investment providers, and numerous professions and occupations for the purpose of protecting the citizens of Maine. Consumers can reach the Bureau through its web site at MaineInsuranceReg.org; by calling 800-300-5000 in state; or by writing to Bureau of Insurance, 34 State House Station, Augusta ME 04333.

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April, 4, 2008 David Lougrhan

Attorney General Steve Rowe Announces Changes to the Consumer Information and Mediation Service

April 4, 2008

Attorney General Steve Rowe announced today that the hours of operation for the Attorney General?s Consumer Mediation and Information phone line (Consumer Line) have been expanded. The toll free line, (800) 436-2131, will now be open Mondays through Thursdays from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m.

?By expanding the hours of the consumer line, Maine people will have greater access to our free mediation and information services.? Attorney General Steve Rowe said. ?Our volunteers and staff can offer consumers information on the Lemon Law, implied and express warranties, identity theft, home heating oil rights and much more.?

The expanded schedule means that the toll free mediation and information line will be staffed nine more hours each week. In addition to the toll free phone number, consumers can contact the Consumer Protection Division by email at consumer.mediation@maine.gov and by regular mail by writing to: Attorney General?s Office, Consumer Protection Division, 6 State House Station, Augusta, ME 04333.

The Consumer Mediation and Information Service assists Maine consumers and businesses by answering questions, providing referrals and mediating disputes. In 2007, the volunteer mediators attempted to resolve more than 900 consumer complaints. Of these, 519 were resolved, resulting in $703,223 being returned to Maine consumers. The 2007 resolution rate for the Mediation Service was 57%.

Rowe said that he hopes that expansion of the consumer phone line hours will allow more people to contact his office. ?Last year we received almost 5,400 calls, but we know that some people were unable to get through. Hopefully our expanded hours of operation will allow all consumers to contact us when they need help.?

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March 13, 2008 David Loughran, (207) 626-8577

Working Group Releases Second Report on Sub Prime Crisis

April 22, 2008

The State Foreclosure Prevention Working Group, a group of state attorneys general and banking regulators working to prevent home foreclosures, issued a report Tuesday concluding that efforts have increased but are falling far short of the need to address the foreclosure crisis and prevent millions of unnecessary foreclosures. A copy of the full report entitled ?Analysis of Subprime Mortgage Servicing Performance? is available on the Maine Attorney General?s website at www.maine.gov/ag. Report data was collected from 13 of the largest subprime mortgage servicers across the nation for the period October 2007 through January 2008.

The State Working Group, of which Maine is a member, concluded that industry measures to keep homeowners out of foreclosure are barely keeping pace with the rising rate of homeowners in trouble, according to state officials. The number of borrowers in loss mitigation has increased, the officials said, but those gains have been matched by an increasing level of delinquent loans.

?This report shows that while progress is being made, more work needs to be done to help people who face the very real possibility of losing their home,? said Maine Attorney General Steve Rowe. ?This is further evidence that current remedies are not adequate to meet the needs of most borrowers who are caught up in the credit crisis.?

?The collective efforts of servicers and government officials to date have not translated into meaningful improvement in foreclosure prevention outcomes,? the report said, despite widely-publicized campaigns to encourage homeowners in trouble to seek help, and initiatives by servicers to ?fast-track? loan modifications. ?In major respects, the subprime servicing data for January 2008 is nearly unchanged from October 2007.?

Major findings of the Foreclosure Working Group included:

C Seven out of ten seriously delinquent borrowers are still not on track for any loss-mitigation outcome. The number of borrowers in loss mitigation has increased, but it has been matched by an increasing level of delinquent loans; thus, the relative percentage has remained about the same. ?Given creative servicer outreach efforts and increased public awareness of the HOPE Hotline during this time period [Oct.-Jan.], this large gap suggests a more systemic failure of servicer capacity to work out loans,? the report said.

C Data suggests that servicers? loss-mitigation departments are severely strained in managing the current workload. The report noted that almost two-thirds of all loss-mitigation efforts started are not completed in the following month. ?We are concerned that servicers overall are not able to manage the sheer numbers of delinquent loans,? the report said. Data suggests that ?the burgeoning numbers of delinquent loans that do not receive loss-mitigation attention are clogging up the system on their way to foreclosure,? The report said. ?We fear this will translate to increased levels of vacant foreclosed homes that will further depress property values and increase burdens on government services.?

C Homeowners who do receive loss-mitigation help are most likely to receive some form of loan modification. The Group said such modifications are a solution that seems to offer better long-term prospects for successful resolution of problem loans. Many servicers are replacing their use of repayment plans in favor of loan modifications.

The State Working Group said servicers, investors and state officials should work together on:

C Developing a more systematic loan work-out system to replace the intensive, individual, ?hands-on? loss-mitigation approach. ?Initial efforts to develop systemic approaches are far too limited to make a difference in preventable foreclosures,? the report said. ?Without a systematic approach, we see little likelihood that ongoing efforts will make a serious dent in the level of unnecessary foreclosures.? The State Working Group said it ?will continue to work with servicers to promote systematic solutions to modify loans in a more streamlined and efficient manner.?

C Slowing down the foreclosure process to allow for more work-outs. ?Targeted efforts to slow down subprime foreclosures may give homeowners and servicers more time to find solutions to avoid foreclosure,? the report said. Many states have enacted or are considering such measures, the report noted.

The State Working Group also encouraged the federal government to develop innovative approaches that recognize the extent and scale of the foreclosure crisis.

The State Working Group began as a cooperative dialogue of state officials and mortgage servicers in September 2007. Since October 2007, the Working Group has been collecting data from the largest subprime mortgage servicers, with 13 of the largest 20 servicers participating, representing approximately 60 percent of subprime mortgage loans serviced.

The state officials noted that some national banks have refused to provide servicing data to the State Foreclosure Prevention Working Group, with two banks citing the advice of the Office of the Comptroller of the Currency (OCC). On February 29, the Comptroller announced that some of the largest national banks will be providing mortgage servicing data to the Comptroller on a monthly basis.

The State Working Group encouraged the Comptroller to aggregate and publish such national bank data to complement the work of the States and provide a complete view of trends and effectiveness of efforts to avoid foreclosures.

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NEWS RELEASE April 22, 2008 Linda Conti (207) 626-8591

Former Nursing Home Employee and Wife are Sentenced for Stealing From Elderly Resident

April 25, 2008

Today, Attorney General Steve Rowe announced that Joel Palmer, Jr., and his wife Shannon Marie Palmer, both of Augusta, were sentenced Wednesday for stealing credit cards from a 97 year old resident of a nursing facility, and then embarking upon a shopping spree of over 100 transactions in the amount of more than $9,000 over a two month period.

Both of the Palmers had been employed at times as aides at the facility where the victim resided. Joel Palmer abused his position as a Certified Nursing Assistant to purloin the victim?s credit cards. Among the items purchased with the victim?s credit cards included a computer, video games, and numerous DVD rentals.

Joel Palmer was sentenced to four years in prison, with all but twelve months suspended, two years of probation with conditions, including payment of restitution. Shannon Marie Palmer was sentenced to three years in prison with all but three months suspended, two years of probation with conditions, including payment of restitution. The sentences were imposed following the Palmers? pleas of guilty to Theft by Unauthorized Taking.

Attorney General Rowe said: ?It is unconscionable for a health care worker to victimize the vulnerable elderly residents who they are supposed to be caring for. This behavior is a violation of trust as well as a violation of the law. The Office will seek stiff sanctions against health care workers who take advantage of elders placed in their care.?

The case was investigated by Detective Gerard ?Red? Therrien of the Maine Office of Attorney General?s Healthcare Crimes Unit, Officer Robert Ramsey of the Topsham Police Department, and Lt. Mark Waltz of the Brunswick Police Department. The Palmers were prosecuted by Assistant Attorney General Michael Miller, Director of the Healthcare Crimes Unit.

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NEWS RELEASE April 25, 2008 Michael Miller, (207) 626-8891

Tips to Help Flood Victims Avoid Fraud and Scams

May 2, 2008

The flood waters that poured into Aroostook County this week damaged homes, roads and businesses, but Attorney General Steve Rowe warns that people need to be on guard to ensure that they are not victims a second time.

?After natural disasters, door to door salespeople hit the street offering clean up and repair services. While many of these people are honest and reputable, some are not.? Rowe said, ?It is important to protect your home and your wallet from unscrupulous scam artists.?

Rowe recommends that people who are insured contact their insurance adjuster to get an estimate of the repair costs and use that number as a benchmark when you hire a contractor.

Some steps you can take to protect yourself from unscrupulous operators are:

  1. Shop around. Do not hire the first person you talk to, get several estimates.
  2. Do your own research. Check references from past customers, if possible, inspect work the contractor has done in the past.
  3. Get it in writing. Always use a contract. Maine law requires a written contract for jobs that will cost more than $3000
  4. Shop local. If possible use a local business person. If you have a problem down the road, it will be easier to correct the problem if the contractor is local.
  5. Take your time. If the offer is good today, it will be good tomorrow. Be skeptical of high pressure tactics. A reputable contractor will not pressure you to sign a contract. Take 24 hours to review it carefully.
  6. Establish a payment schedule. By doing so you give yourself some leverage. Maine law states that down payments cannot exceed 1/3 of the total cost of the job.
  7. Get a second opinion. Have an independent inspector or insurance adjuster inspect the project before you make your final payments.

?The best advice I can give is to use common sense. If it sounds too good to be true, it is.? Rowe said. ?We have not received any complaints about door to door scams yet, and we would like to keep it that way. Doing your homework upfront is the best way to avoid getting ripped off down the road.?

If you have questions about home construction repair or if you need to file a complaint please contact the Attorney General?s Consumer Protection Division at (800) 436-2131 or by email at consumer.mediation@maine.gov.

For more information on consumer issues please visit our website at: http://www.maine.gov/ag/consumer/housing/home_construction.shtml.

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NEWS RELEASE May 2, 2008 David Loughran, (207) 626-8577

AG Settles in Case of Deceptive Advertising

May 6, 2008

Attorney General Steve Rowe announced today that the State has entered into a Consent Decree with Level 10 Marketing, Inc., a New Orleans corporation, and Newcastle Chrysler Dodge Jeep of Newcastle Maine. The Consent Decree, which was signed by Kennebec County Superior Court, prohibits the two companies from using unfair and deceptive advertisements or practices such as sales ?vouchers? which appear to promise ?$4,000 Instant Savings? when in fact such savings are not realized. Further, neither Level 10 nor Newcastle Chrysler can use promises of significant savings unless such savings can be documented, including the following:

? ?Will be sacrificed for pennies on the dollar;? ? ?Save up to 90% off original M.S.R.P.;? ? ?Prices will be slashed for immediate liquidation;? ? ?Wholesale pricing direct to the public.?

?As part of this Consent Decree, 22 consumers who purchased vehicles at the sale will each receive a refund of $550,? Rowe said.

The Attorney General?s Consumer Protection Division investigated the purchases made at the Level 10/Newcastle Chrysler sale held November 14 through November 18, 2006. It found that consumers did not receive the promised savings. ?During this sale, many consumers paid non-sale prices despite promises of ?wholesale prices? that had allegedly been ?slashed for immediate liquidation?? Attorney General Rowe said.

Level 10 designed the advertising flyer that was sent out in Newcastle Chrysler?s name and it also arranged for a team of salespeople to travel to Maine to deal with potential customers during the November, 2006 ?sale?.

Both Level 10 and Newcastle Chrysler are now subject to a Court order that prohibits such deceptive advertising techniques in the future. Neither company admitted to any wrongdoing. Pursuant to the Court Order, both Newcastle and Level 10 must pay a civil penalty of $6,250 and refund to consumers part of the purchase price.

The State of Maine?s rules governing advertisements can be found at www.maine.gov/sos/cec/rules.

NEWS RELEASE May 6, 2008 Jim McKenna, AAG (207) 626-8842 David Loughran, (207) 626-8577

State Seeks Additional Partners in Fight Against Youth Smoking

May 16, 2008

Attorney General Steve Rowe, Public Health Director Dr. Dora Mills and the Partnership for a Tobacco Free Maine are seeking to add to the more than 600 retailers across Maine that participate in the ?NO BUTS? (Blocking Underage Tobacco Sales) program. The drive to enroll new retailers follows the distribution of an updated brochure and training DVD that was sent to participating merchants in April.

The ?NO BUTS? program was first launched in 2001 as part of an effort to curb underage tobacco use. Participating retailers receive, at no cost, a training DVD, ?NO BUTS? window stickers, age verification calendars, and recognition by Healthy Maine Partnerships who spread the word about responsible retailers. Participating stores can qualify for compliance credits when they adopt and fully implement the program and establish a record of compliance.

?We have seen youth smoking rates drop by more than 60% in the past seven years. Programs like ?NO BUTS? have been essential to our success, but we must continue to expand the partnership with retailers to sustain and improve upon this success,? Attorney General Rowe said.

Last month, participants in the ?NO BUTS? program received the updated training video entitled ?It Takes a Good Check?. The video, hosted by Dianna Fletcher and Portland Pirate Bobby Ryan, outlines the compelling public health reasons tobacco sales are restricted and provides information that store clerks should know in order to prevent the sale of tobacco products to children under the age of eighteen including:

  • The sale of tobacco to anyone under the age of 18 is against the law and can result in a fine of up to $1500 and the loss of their job
  • Tobacco does not just include cigarettes but also; cigars, pipe tobacco, chewing tobacco, snuff, rolling papers and pipes
  • Maine law requires a clerk to check the ID of anyone who is attempting to purchase a tobacco product and looks 27 years old or younger
  • When checking an ID look to make sure that the photograph matches the person buying the tobacco, that they are in fact 18 years old and that the ID has not been altered.

?Nearly 90% of adults who currently smoke started before they were 18. If we can prevent our youth from getting access to tobacco and having that first cigarette, we have a good chance of breaking the cycle of death and disability cased by tobacco use. Maine retailers can play a major role in breaking that cycle by participating in the NO BUTS program? Dr. Mills added.

Licensed tobacco retailers who are not currently participating in the ?NO BUTS? program will receive a brochure this week outlining the program and its benefits to both the retailer and the community. These stores can receive the NO BUTS introduction CD by returning the reply card that is included in the packet of information. ?I would encourage all stores to sign up for this program,? said John Archard, Tobacco Enforcement Coordinator in the Attorney General?s Office. ?From a social perspective, it is the right thing to do, from an economic perspective it is the smart thing to do. On average a store needs to sell roughly 10,000 packs of cigarettes to make up the profit lost from one $1000 fine.?

Mary Beth Welton, Program Manager for the Partnership for a Tobacco Free Maine offered her support for the outreach effort saying, ?A strong public health message, responsible retail practices, and diligent enforcement of our State?s progressive tobacco laws coupled with the other components of Maine?s comprehensive tobacco prevention and control program have contributed to Maine?s unparalleled success in reducing youth smoking. It is our hope that we can reach out to new partners as we continue to build on our existing relationships.?

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NEWS RELEASE May 16, 2008 Mary Beth Welton (207) 287-5381, Partnership for a Tobacco Free Maine John Archard (207) 626-8837, Office of the Attorney General

Land Lord Agrees to Stop Automatic Early Termination Fees

May 16, 2008

Attorney General Steve Rowe announced today that Port Property Management, a Maine corporation which manages over 700 residential apartments in Portland and South Portland, has agreed to a Court-ordered Consent Decree which bars it from automatically charging an Early Termination Fee whenever a tenant has to leave the apartment before the lease has expired.

Port Property Management has typically charged tenants who leave early a fee of more than $600, even if it immediately re-rents the apartment. Automatic Early Termination Fees can be illegal if the landlord immediately finds a new tenant. Pursuant to this Consent Decree, Port Property Management is ordered to cease automatic termination fees and to refund money to tenants who were improperly charged an Early Termination Fee between January 1, 2005 and December 31, 2007. Port Property Management must also pay a civil penalty of $10,000.

Maine Landlord/Tenant Law requires landlords to mitigate their loss when a tenant has to break the lease. Port Property Management did not admit to any wrong doing.

The Attorney General has already contacted many tenants eligible for the return of their Early Termination Fees. The Consumer Protection Division will purchase advertisements which will list the names of tenants it has been unable to contact. The names of the tenants not yet contacted can also be found on the Attorney General?s website. Following is the notice that will appear over the next three Sundays:

PORT PROPERTY MANAGEMENT TENANTS

The Maine Superior Court Consent Decree in the matter of State v. Port Property Management (CV-08-138) requires Port Property Management to reimburse tenants who were charged an Early Termination Fee if their apartment was immediately re-rented to another tenant. The persons listed below may be eligible for reimbursement. If your name is listed below please contact the Attorney General?s Consumer Protection Division at: 1-800-436-2131 or (207) 626-8849 or write us at: 6 State House Station, Augusta, ME 04333 or consumer.mediation@maine.gov. In entering into the Consent Decree, Port Property Management did not admit to any wrongdoing.

Kathryn Arledge, Burhan Ayanle, Mikael Bang, Rebecca Beam, Ashley Brown,
Jona Cormier, Mary Crabtree, Jennifer Currid, James Easter, Takeyuli Futatsumori, Sara Gelston, Jason Hastings, Michael Hogan, Andre Hughrs, Nicolas Hutchins, Nayneet Jain, Abigail Johnson, Timothy Karu, Anna Lapina,
Gabrielle Little, Victoria Marsh, Katherine Matzell, Miranda Mayberry, Milan McAlevery, Alan McLucas, Allegra Mira, David & Andrea Murphy, Amy Ouellette, Lees Patriacca, Prem Prabhakaran, Jeffrey Purser, Peter Rich, Jessica Richardson, Anthony Roberts, Amber Rogals, Matthew Rogers, Nathan Sawyer, Jonathan Schlesinger, Mary Schools, Bethany Schultz, Chelsea Smith, Tommy Somerville, Moira Steven, Robert Stewart, Tie Tan, Wilbur Tietsort, Vijaya Vishwanatham

May 16, 2008 David Loughran, (207) 626-8577

Maine and 30 Other States Share $58 Million in a Record Breaking Settlement with Merck Pharmaceutical Resolving a Three Year Investigation

May 20, 2008

Attorney General Steven Rowe today filed a stipulated judgment with Merck and Company, Inc. resolving a three-year investigation by 30 states concerning the company's deceptive promotion of the anti-inflammatory "Cox-2" drug Vioxx. In addition to a $58 million payment to the participating states, with Maine's share being $1.1 million the judgment filed in the Kennebec County Superior Court will restrict Merck's ability to deceptively promote other Merck products.

"This is the largest money settlement that states have received in a consumer protection case against a pharmaceutical company. We are pleased with the monetary amount of the settlement as well as with the advertising restrictions that Merck has agreed to," Attorney General Rowe said.

Today's judgment requires Merck to submit all "direct to consumer" (DTC) television drug advertisements to the Food and Drug Administration (FDA), wait for approval and comply with FDA comments before running the advertisement. Merck must also comply with any recommendation by FDA to delay DTC advertising for new Merck pain relieving drugs. The states? Attorneys General expressed concerns regarding the negative effect of DTC advertising that commences immediately with the release of a new drug before doctors have a chance to gain experience with the drug and understand its potential side effects.

For example, prior to Merck's withdrawal of Vioxx from the market in 2004 (following release of a study that found a higher rate of heart attacks and strokes in patients taking the drug than in those on a placebo), the drug had been aggressively marketed in more than 80 countries worldwide. The drug had been marketed with DTC ads featuring personalities such as Olympic gold medalists Dorothy Hamill and Bruce Jenner.

"Merck's aggressive and deceptive 'direct-to-consumer' promotion of Vioxx drove hundreds of thousands of consumers to seek prescriptions before the product's risks were fully understood," Attorney General Rowe said. "This settlement requires Merck to submit television advertisements for its new pain drugs to the FDA and to modify them consistent with FDA comments before running the ads."

Other concerns of the states are either prohibited or curtailed in the judgment including:

  • deceptive use of scientific data when marketing to doctors,
  • "ghost writing" of articles and studies
  • failing to adequately disclose the conflict of interest of Merck promotional speakers when these speakers present in supposedly "independent" Continuing Medical Education
  • Conflicts of interest in Merck sponsored Data Safety Monitoring Boards

The following form is available for download in PDF format. You will need the free Adobe Reader to view and print.

Download the Complaint and Consent Judgment (PDF)

May 20, 2008 David Loughran, (207) 626-8577

State Files Offer of Judgment with Richardson Hollow for Unpaid Wage Violations

June 11, 2008

Maine Attorney General Steve Rowe and Maine Labor Commissioner Laura Fortman announced today the filing of an Offer of Judgment made by Richardson Hollow, where the company agreed to pay $190,193.72 in back wages and vacation pay.

The judgment covers 126 former employees of Richardson Hollow who were not paid when the business closed in September 2007. The Office of Attorney General filed a complaint for back wages against the company in Androscoggin County Superior Court in October of 2007.

In announcing the judgment, Attorney General Steven Rowe stated, ?It is good that this employer is now admitting that it owes its former workers back wages and vacation pay. It would have been far better, however, had Richardson Hollow actually paid its workers in the first place.?

In an effort to get workers paid as quickly as possible, the Maine Department of Labor will immediately begin processing checks for the final week?s wages through the Maine Wage Assurance Fund. Workers were mailed paperwork yesterday to receive payment and were encouraged to return the forms quickly. Checks will then be issued by the state. The State will seek reimbursement by Richardson Hollow for all moneys paid out of the Wage Assurance Fund.

?These workers deserve more than a paycheck, Richardson Hollow owes them an apology,? said Maine Labor Commissioner Laura Fortman. ?They?ve had to wait months for the wages they worked hard to earn, and the loss of that income has hurt many families.?

Under Maine State Law, the Wage Assurance Fund can only cover wages owed, not vacation pay or reimbursements owed by the former employer. The State will work to ensure that any proceeds from the sale of Richardson Hollow?s assets are used to cover vacation pay owed to former employees and to reimburse the Wage Assurance Fund.

Gwendolyn D. Thomas, Assistant Attorney General 626-8875 Adam Fisher, Department of Labor, 623-7900

JK Harris and Financial Recovery Systems: partial refunds for consumers

June 12, 2008

Two South Carolina companies who purported to help people in financial trouble but were actually offering little or no benefit at all have agreed to stop misleading consumers. The North Charleston, SC companies JK Harris, a tax-relief company that did not deliver on its claim to settle IRS debts for ?pennies on the dollar?, and Financial Recovery Systems, LLC, a credit repair company that sent out bogus notices to make people think they needed credit help, have agreed to pay $1.5 million in refunds to consumer across the country.

?Not only was the behavior of these companies illegal, their tactics were deplorable.? said Attorney General Steve Rowe.

Maine and 17 other states attorneys general entered into consent judgments and assurances of voluntary compliance with the two companies. The attorneys general alleged that JK Harris did not help consumers with their tax problems as advertised and refused to give refunds when promised services were never completed. They also alleged that Financial Recovery Systems attempted to frighten consumers into signing up for credit repair services they did not need by sending them bogus notices about judgments against them. The company?s services also violated state and federal credit repair laws.

According to the attorneys general?s complaint, JK Harris regularly advertised that it had more than 450 offices nationwide. However, the attorneys general found that only the main office in North Charleston handled consumers? files. If a consumer wanted to meet with a JK Harris representative about his or her file, the consumer had to physically travel to North Charleston, more than 1100 miles from Maine. The other offices were staffed only by sales representatives who could not handle consumer inquiries.

JK Harris also said that consumers? files would be handled by ?tax experts? or ?ex-IRS agents? when in fact the people handling the cases did not have the advertised expertise. JK Harris case managers changed frequently, and consumers complained that they often had to provide the same information to the company several times.

JK Harris promised to settle debts for ?pennies on the dollar? and charged money upfront for this service without actually determining if consumers qualified for an IRS Offers in Compromise (OIC) or while knowing that consumers didn?t qualify. The IRS approves only a small percentage of OIC?s each year.

Under the terms of today?s consent judgment, JK Harris must clearly explain to consumers under what circumstances they would qualify to reach a compromise with the IRS on back taxes. JK Harris will also make several reforms to its advertising and sales practices. Financial Recovery Systems is barred from offering or performing credit repair services that don?t comply with state and federal laws. The judgment also applies to Professional Fee Financing Associates, L.L.C, a related company that provided financing for consumer contracts with JK Harris.

Read the full Consent Judgement.

Since 1999 the Maine Attorney General?s office received 62 complaints about JK Harris. Any Maine consumer who filed a complaint with the Maine Attorney General?s Office, the Better Business Bureau or the South Carolina Department of Consumer Affairs or who files a complaint within the next 90 days will be eligible for a partial refund. The $1.5 million will be distributed on a pro rata basis to those consumers who have filed complaints.

Read the full Complaint.

Consumers can contact the Maine Attorney General?s Consumer Protection Division toll-free at (800) 436-2131 or via email at consumer.mediation@maine.gov.

States who joined Maine in the judgment are Arkansas, Arizona, California, Connecticut, Florida, Illinois, Massachusetts, Michigan, Minnesota, New York, North Carolina, Ohio, Pennsylvania, South Dakota, Tennessee, Vermont, and West Virginia.

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NEWS RELEASE June 12, 2008 David Loughran, (207) 626-8577

Anheuser-Busch Alcoholic Energy Drink Assurance of Voluntary Compliance

June 26, 2008

IN RE:

ANHEUSER-BUSCH, INC.

ASSURANCE OF VOLUNTARY COMPLIANCE AND VOLUNTARY DISCONTINUANCE

WHEREAS, this Assurance of Voluntary Compliance/Assurance of Discontinuance (hereinafter "Assurance") is entered into between the Attorneys General of Arizona, California, Connecticut , Idaho, Illinois, Iowa, Maine, Maryland, New Mexico, New York, and Ohio (?Signatory Attorneys General?), acting pursuant to their respective consumer protection statutes, and Anheuser-Busch, Inc. (?A-B?) in order to resolve disputed claims with respect to A-B?s marketing and sale of caffeinated alcohol beverages, including the Tilt and Bud Extra brands;

WHEREAS, the states identified above are hereinafter collectively referred to as the ?Signatory States?;

WHEREAS, Respondent A-B was and is engaged in the business of making and selling alcohol beverages, with its principal place of business located at One Busch Place, 202-6, St. Louis, MO 63118;

WHEREAS, from approximately January 1, 2005 and continuing through the present, A-B has marketed and sold Bud Extra and Tilt in the Signatory States;

WHEREAS, the Signatory Attorneys General allege that A-B marketed and sold Bud Extra and Tilt in violation of their respective consumer protection and trade practice statutes by, among other practices, making express and implied false or misleading health-related statements about the energizing effects of Bud Extra and Tilt, failing to disclose to consumers the effects and consequences of drinking alcohol beverages that are combined with caffeine and/or other stimulants, and directing advertisements of Tilt and Bud Extra to consumers under the age of 21. The health-related statements include, but are not limited to, the following:

A. Statements regarding Guarana and its strengthening effects (see Exhibit A attached hereto); and

B. Statements regarding being able to stay up all night after drinking the products (see Exhibits B and C attached hereto).

WHEREAS, A-B alleges that it obtained all necessary federal and state regulatory approvals for Tilt and Bud Extra and the company contends that its sale and marketing of these beverages in the signing states complied with all applicable laws and that its advertising was directed to people age 21 and over;

WHEREAS, A-B contends that it exercised reasonable care in developing Bud Extra and Tilt which it contends have only 54 mg. and 71 mg. of caffeine per 10 oz. and 16 oz. container respectively, and that these products have much less alcohol per volume than prepackaged caffeinated distilled spirits approved by TTB and sold in many of the signing states; and

WHEREAS, the parties, having consented to the entry of this Assurance for the purposes of settlement only, and without this Assurance constituting evidence against or as an admission by any party, and without trial of any issue of fact or law;

NOW THEREFORE, the parties agree to the following terms and conditions to settle the differences between them:

I. DEFINITIONS

  1. Unless otherwise specified, the following definitions shall apply:

A. ?Caffeinated alcohol beverages? means malt-based or distilled spirits-based alcohol beverages to which are added caffeine and/or other stimulants that are metabolized as caffeine, such as Guarana.

B. ?Bartexter? is a text messaging service that provides cocktail recipes for A-B products.

C. ?Bud Extra? means a caffeinated alcohol beverage sold as Bud Extra and B to the E.

D. ?Effective Date? means July 1, 2008, by which date all parties have executed this Assurance.

E. ?Tilt? means caffeinated alcohol beverages sold as Tilt and Tilt 8.0%.

II. ASSURANCE

A-B and its successors, assigns, and subsidiaries, hereby voluntarily agree to cease manufacturing and selling caffeinated alcohol beverages as follows:

  1. A-B will stop manufacturing, marketing, and providing to wholesalers any and all caffeinated alcohol beverages, including Bud Extra and Tilt as currently formulated, immediately upon its execution of this Assurance.

  2. A-B intends to reformulate both products without caffeine or other stimulants that are metabolized as caffeine, such as Guarana. Until the products are reformulated, A-B specifically agrees to (a) eliminate Bud Extra and Tilt in their current caffeinated formulation from any Bartexter recipes, (b) eliminate from its promotional materials, if any, all references to mixing Bud Extra and Tilt in their current caffeinated formulation with any other A-B product or alcohol based product, and (c) not produce or provide to wholesalers any point of sale promotional materials for Bud Extra or Tilt in their current caffeinated formulation. When Bud Extra and Tilt are reformulated, A-B agrees not to promote Bud Extra or Tilt as a mixer for any products containing caffeine and/or other stimulants that are metabolized as caffeine, such as Guarana. With respect to websites for the two products, A-B specifically agrees to immediately discontinue the current Tilt website (www.tiltthenight.com) without hyperlinking or directing visitors to a new site. A-B may immediately launch a new Tilt website at a new URL address, but may do so only to promote the reformulated Tilt without caffeine. A-B also agrees to take down the Bud Extra website for at least 30 days and, upon its re-launch to use the website only to promote the reformulated product without caffeine.

  3. In the future, A-B will not produce any alcohol beverage that contains caffeine or other stimulants that are metabolized as caffeine, such as Guarana.

III. PAYMENT TO THE STATES

Within three (3) business days after the Effective Date, Respondent shall pay the Signatory Attorneys General the total sum of $200,000.00 to such accounts and addresses as the Signatory Attorneys General may direct. Such sum is to be divided among the Signatory Attorneys General as they may agree and is to be used for attorneys fees, and costs of investigation, or it shall be placed in or applied to consumer education, public protection, or local consumer aid funds, including implementation of programs designed to prevent illegal underage drinking, or for any other purpose authorized by state law, at the sole discretion of each Attorney General or as otherwise required by law.

IV. RELEASE

This Assurance constitutes a complete settlement and release of all of the Signatory Attorneys General?s civil consumer protection claims ? whether statutory, equitable, parens patriae or common law (but excluding any tax or antitrust claims) ? that may have existed prior to or on the Effective Date which arise out of or relate to A-B?s development, advertising, marketing, or sale of caffeinated alcohol beverages.

V. OTHER SETTLEMENT TERMS AND OBLIGATIONS

  1. Upon reasonable prior written notice, any duly authorized representative of the Signatory Attorneys General may request, and A-B shall provide, copies of such records as may be reasonably necessary to determine whether A-B is in compliance with this Assurance.

  2. Nothing in this Assurance shall be construed as relieving A-B of its obligation to comply with all applicable state and federal laws, regulations, or rules, or granting it permission to engage in any acts or practices prohibited by such law, regulation, or rule.

  3. A Signatory Attorney General may assert any claim that A-B has violated this Assurance in a separate civil action to enforce this Assurance, or seek other relief for such violation provided by law.

  4. The Signatory Attorneys General agree to notify A-B of any intended action to enforce this Assurance ten (10) days prior to filing to give the parties an opportunity to confer, provided however, that a Signatory Attorney General may take immediate action where the Signatory Attorney General concludes that, because of the specific practice, a threat to the health and safety of the public requires immediate action. A Signatory Attorney General who takes such immediate action will give A-B an opportunity to confer within three (3) days from such filing.

  5. The parties agree that A-B may ask the Signatory Attorneys General to amend or terminate provisions of this Assurance in light of new or evolving technologies, business models, emerging science, settlements, laws, regulations, interpretations, the passage of time, or other relevant changes in circumstances, and the Signatory Attorneys General shall reasonably consider such requests.

  6. The Signatory Attorneys General are authorized to monitor compliance with this Assurance by all lawful means.

  7. Any notices to be sent to a Signatory State or to A-B under this Assurance shall be sent by nationally recognized overnight courier service or certified Mail (return receipt requested), or personal delivery to the named party at the address below:

If to A-B:

Lisa A. Joley, Vice President and General Counsel Anheuser-Busch Companies, Inc. One Busch Place, 202-6 St. Louis, MO 63118

If to the State of:

VI. SIGNATURES

Footnote 1: With regard to Connecticut, the Assurance is entered into on behalf of the State of Connecticut Department of Consumer Protection.

Footnote 2: ARIZONA - Consumer Fraud Act, A.R.S. ? 44-1521 et seq.; CALIFORNIA - Bus. & Prof. Code ?? 17200 et seq., and 17500 et seq.; CONNECTICUT ? Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. ? 42-110b, et seq.]; IDAHO - Consumer Protection Act, Idaho Code ? 48-601 et seq.; ILLINOIS - Consumer Fraud and Deceptive Business Practices Act, 815 ILCS ? 505/1 et seq. (2006); IOWA - Iowa Consumer Fraud Act, Iowa Code Section 714.16; MAINE ? Unfair Trade Practices Act, 5 M.R.S.A. section 205-A et. seq; MARYLAND - Consumer Protection Act, Maryland Commercial Law Code Annotated ? 13-101 et seq.; NEW MEXICO - Unfair Trade Practices Act, NMSA ? 57-12-1 et seq. (1978); NEW YORK - N.Y. Gen. Bus. Law ?? 349 & 350 and Executive Law ? 63(12); OHIO - Consumer Sales Practices Act, R.C. ? 1345.01 et seq.

Attorney General Steve Rowe Announces Anheuser Busch to Discontinue All Alcoholic Energy Drinks

June 26, 2008

Today Attorney General Steve Rowe, joined by ten other state Attorneys General[1], announced an agreement with Anheuser-Busch that will result in the discontinuance of two popular pre-mixed alcoholic energy drinks, Tilt and Bud Extra. As part of the agreement, Anheuser-Busch will not produce any caffeinated alcohol beverages in the future. Rowe commends Anheuser-Busch for its decision and calls on other manufactures to take similar steps to remove these potentially dangerous beverages from the market.

Attorney General Rowe is gravely concerned about the epidemic of underage drinking and is committed to reducing the problem. He identifies alcoholic energy drinks as one part of the problem and has been leading the nation?s investigation into them. These products taste and look like popular non-alcoholic energy drinks. These amped-up-alcopops are popular with young people who often form the wrong belief that the caffeine in the drinks will counteract the intoxicating effects of the alcohol. These beliefs are fueled by aggressive marketing campaigns that promise endless nights of fun and enhanced abilities.

Concerned about these marketing practices and armed with recently published research about the dangers of these products, Rowe initiated a multistate investigation into the content and marketing of Anheuser-Busch products Tilt and Bud Extra. Maine issued an investigative subpoena/civil investigative demand to Anheuser-Busch in early January pursuant to Maine?s protection and trade practices statutes. The investigation focused on express and implied false and misleading health-related statements about the energizing effects of Tilt and Bud Extra and advertisements for Tilt and Bud Extra that were directed to consumers under the age of 21.

While Anheuser-Busch denied the claims, it cooperated with the investigation and promptly decided to reformulate Tilt and Bud Extra without caffeine or other stimulants and to agree not to produce any other caffeinated alcohol beverages in the future. Attorney General Rowe praised Anheuser-Busch for being a responsible industry leader and for eliminating all caffeinated alcohol beverages from their product list.

?Alcohol mixed with high amounts of caffeine is a recipe for disaster, particularly in the hands of young people,? said Attorney General Rowe. ?Caffeine gives drinkers the subjective belief that they can function normally. This means they?re more likely to make unsafe decisions which can result in serious harm.?

Attorney General Rowe emphasized that young people aren?t drinking just one or two of these alcoholic energy drinks ? these products are intended to be consumed several times throughout a night of partying and to be used as a mixer for other alcoholic beverages. A recently published study by Dr. Mary Claire O?Brien of Wake Forest University found that college students who mix alcohol and energy drinks engage in increased heavy episodic drinking and have twice as many episodes of weekly drunkenness. College students who reported consuming alcohol mixed with energy drinks also had significantly higher prevalence of alcohol-related consequences, like sexual assault and injury.

?Binge drinking among our youth in this nation has reached epidemic proportions. These new products that are aggressively marketed to college students offer the allure of an all night party and perpetuate the problem,? said Attorney General Rowe. ?Instead of sending a message about responsible consumption of alcohol, makers of these alcoholic energy drinks are pushing over-consumption. Our youth deserve better.?

Maine will continue to investigate alcoholic energy drinks manufactured by other companies and will explore all options, including possible legal action. Maine will also be working with state and federal officials to encourage further research and regulation in relation to these products.

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[1] Arizona, Iowa, Maine, Maryland and New York issued investigative subpoenas to Anheuser-Busch. California, Connecticut, Idaho, Illinois, New Mexico and Ohio assisted in the investigation.

FOR IMMEDIATE RELEASE June 26, 2008 CONTACT: JESSICA MAURER, SPECIAL ASSISTANT ATTORNEY GENERAL, 207-626-8515 OR jessica.maurer@maine.gov

Maine Joins Settlement to Protect Consumers From Fraud Induced Wire Transfers

July 2, 2008

Maine Attorney General Steve Rowe announced today that MoneyGram Payment Systems, Inc., has entered into an Assurance of Voluntary Compliance (AVC) with Maine and 43 other States and the District of Columbia. The agreement is in response to concerns about the use of the company?s wire transfer services by fraudulent telemarketers. Under the AVC, MoneyGram will, among other things, fund a $1.1 million national consumer awareness program and display highly visible consumer warnings on the forms used to wire money by consumers.

MoneyGram, based in Minneapolis, offers money transfer services by wire at 31 locations in Maine and more than 25,000 locations in the United States, including grocery stores, gas stations and other retail businesses.

?Maine people work too hard to have their money stolen by scam artists. These thieves use convincing tactics to exploit people?s sense of charity or dreams of winning a lottery,? Rowe said. ?Many of the scams involve wire transfers. This agreement will help raise awareness of these scams and put in place anti-fraud measures to protect potential victims. ?

The problem addressed by the agreement is the high number of ?fraud-induced transfers??that is, money wired by consumers to fraudulent telemarketers and other scam artists. For example, some telemarketers, often based in other countries, use a ?lottery? scam, in which they tell vulnerable consumers they have won a large sum of money but must pay taxes or other charges in order to claim the winnings. Another common tactic taken by telemarketers is to pretend to be from a charity and to seek donations to what sounds like a worthy cause. Victims are then directed to wire the money to a designated location.

Wire transfers are a preferred method of payment by scam artists because they are fast, there are transfer agents in most communities, and funds can be picked up in multiple locations.

The problem of fraud-induced transfers is substantial. In 2003, a survey conducted in seven states of transfers over $300 to Canada by another major money transfer company estimated that over 29 percent of those transfers were fraud-induced, resulting in consumer losses in the year 2002 of approximately $113 million.

Among the terms of the AVC just reached with MoneyGram are these:

? Prominent warnings to consumers of the dangers of fraud-induced wire transfers must appear in English and Spanish on the front page of MoneyGram?s Send Form, and comparable warnings are required for telephone and Web transfers. The warning is to occupy at least 40 percent of the area of the Send Form?s front page.

? MoneyGram will pay $1.1 million for a national consumer education program on how to avoid fraud-induced transfers, to be overseen by the AARP Foundation.

? MoneyGram will continue its current policy of reimbursing the amount of any transfer to a consumer who requests, prior to pickup, that the transfer be stopped, and reimbursing transfer fees as well if the consumer reasonably claims that the transfer was fraud-induced.

? MoneyGram will send prominent anti-fraud messages to its agents electronically every month or whenever a proposed transfer exceeds a certain amount, revise and enhance the company?s agent anti-fraud training programs, and provide special training to agents with elevated fraud levels at their locations.

? MoneyGram will take appropriate action to suspend or terminate agent locations that are involved in fraud or that do not take reasonable steps to reduce fraud.

? MoneyGram will block wire transfers from specific consumers or to specific recipients when the company receives information from a state that there are good faith grounds to believe that fraud will occur, until such time as the consumer is counseled on fraud and requests resumption of the transfer.

? MoneyGram will ensure that money transfers sent from the United States can only be picked up in the country designated by the sender, with a potential extension of this policy to the state or provincial level if the pickup of fraud-induced transfers in states or provinces to which consumers do not intend to send money becomes a significant problem in the future.

? MoneyGram will pay $150,000 to be shared among the negotiating states of Arkansas, Illinois, Massachusetts, New Jersey, North Carolina, Ohio, Texas, Vermont and Washington.

Commenting on the AVC, Attorney General Rowe noted the importance of enlisting ?third parties? like MoneyGram in the campaign against consumer fraud. ?MoneyGram is doing the right thing by trying to prevent their service from being used to perpetrate fraud.? Rowe said. ?Agreements like this one?with its model fraud warning, consumer education program, and enhanced training for money transfer agents?are steps in the right direction.?

Signing the AVC were the States of Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming, and the District of Columbia.

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NEWS RELEASE July 2, 2008 Jim McKenna, AAG, 626-8842

Maine Settles Legal Claims Against Rx Company

July 16, 2008

Maine Attorney General Steve Rowe announced that Maine has joined 42 other states and the federal government in settling Medicaid legal claims against Bristol-Myers Squibb Company (BMS) and its former wholly owned subsidiary Apothecon, Inc.

The total settlement amount that will be paid to the states and the federal government is $389 million. The State of Maine will receive $829,862 from the settlement. This amount will be paid to the Department of Health and Human Services on behalf of MaineCare, the State?s Medicaid program.

?It is sad that prescription drug companies continue to game the Medicaid system to unfairly increase their profits at the expense of Maine taxpayers. The conduct of Bristol-Myers Squibb and its subsidiary was reprehensible,? said Attorney General Steve Rowe.

As a result of the state and federal investigation into the conduct of Bristol-Myers Squibb Company and Apothecon, state and federal authorities found that the companies engaged in illegal conduct to include:

  • Reporting inflated prices for various prescription drugs knowing that MaineCare and various federal health care programs would use these reported prices to pay for BMS and Apothecon products used by their recipients;

  • Paying illegal remuneration to physicians, health care providers, and pharmacies to induce them to purchase BMS and Apothecon products;

  • Promoting the sale and use of Abilify, an antipsychotic drug, for pediatric use and for treatment of dementia-related psychosis, uses which the federal Food and Drug administration had not approved; and

  • Misreporting sales prices for Serzone, an antidepressant, resulting in the improper reduction of the amount of rebates paid to the state Medicaid programs

As part of the settlement, BMS has also entered into a Corporate Integrity Agreement with the Office of Inspector General of the U.S. Department of Health and Human Services, under which BMS will be required to report accurately its average sales prices and average manufacturers prices in the future.

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July 16, 2008 Michael Miller (207) 626-8891

Use of Deadly Force by Indian Township Officers Legally Justified

July 17, 2008

Attorney General Steven Rowe announced today that Indian Township Police Officer Alexander Nicholas II and Indian Township Game Warden Scott Francis were legally justified when they used deadly force against Douglas P. Kelley, Jr., 40, of Calais, during the early evening of May 12, 2008, in Indian Township. Mr. Kelley died as the result of gunshot wounds inflicted by the officers.

The Attorney General's investigation focused on the issue of whether the use of deadly force by the officers in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer?s public duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat of unlawful deadly force.

Attorney General Rowe determined, based on the investigation conducted by his office and the application of controlling Maine law, that Officer Nicholas actually and reasonably believed that unlawful deadly force was being imminently threatened against himself and others by Douglas Kelley and that Warden Francis actually and reasonably believed that unlawful deadly force was being imminently threatened against others by Douglas Kelley, and that the officers also actually and reasonably believed that the use of deadly force on their part was necessary to protect themselves and/or others. Therefore, both requirements of the law having been met, the use of deadly force by Officer Nicholas and Warden Francis was legally justified.

The Attorney General?s investigation revealed the following:

On Monday, May 12, 2008, at approximately 5:00 p.m., Douglas Kelley drove his vehicle to the home of his recent former girlfriend on Hemlock Point Road in Indian Township. At the residence were the girlfriend, her daughter, her daughter?s boyfriend and two infant children. Upon arriving at the residence, Mr. Kelley appeared to be upset. He was drinking a beer and was visibly intoxicated. He instructed the girlfriend to remove her personal property from his vehicle and lamented that the girlfriend no longer loved him. The girlfriend observed an empty gun holster and an ammunition box inside Kelley?s vehicle.

Kelley followed the girlfriend to the backyard of the residence. He carried with him an unopened 12-pack of beer. Kelley told the girlfriend that he had been ?kicked off the reservation? and that he was not supposed to be at her residence. After going into the residence to use the bathroom, Kelley returned to his vehicle where a conversation between he and the girlfriend ensued. At a point when Kelley got out of his vehicle with his right hand under his shirt, the girlfriend pulled the shirt away and saw that Kelley was holding a handgun in his right hand. Kelley pointed the gun at the girlfriend. The girlfriend and the others at the residence went into the house, locked the doors and windows, and placed the infant children in a back bedroom. Kelley remained outside.

At approximately 5:37 p.m., the Indian Township Police Department received a telephone call from the girlfriend that Mr. Kelley was at her residence and that he had pointed a handgun at her. She told the police dispatcher that Kelley had moved from the driveway of her residence to the area of a large boulder situated between her residence and a neighboring residence and, from that location, had fired at least one shot into the woods behind her house. This information was relayed to the responding officers including Officer Nicholas, Warden Francis, Officer James Mendoza and Chief of Police Alexander Nicholas. Officer Mendoza, the first to respond, knew Kelley as he had arrested Kelley for OUI two days earlier. When Officer Mendoza arrived at a location where he could observe the girlfriend?s residence, he saw Kelley with what appeared to be a handgun, and relayed his observations to the other responding officers.

Warden Francis went into a wooded area behind the girlfriend?s residence. From that vantage point, later determined to be about 115 feet from Kelley, he observed Kelley sitting on the large boulder. Chief Nicholas and Officer Nicholas, who had responded to the call together and taken positions behind the opened doors of their police cruiser, both knew Kelley from previous encounters. They likewise observed Kelley sitting on the boulder.

Chief Nicholas instructed Mr. Kelley to drop his weapon and show his hands. Kelley responded with an expletive, turned slightly to his right and pointed his handgun in the direction of Chief Nicholas and Officer Nicholas. Chief Nicholas again ordered Kelley to drop the handgun. Kelley replied, ?[expletive] you guys, you?re gonna have to kill me.? Additional commands to drop the weapon were given to Kelley by Chief Nicholas. Later, Kelley again briefly pointed his weapon in the direction of Chief Nicholas and Officer Nicholas. Chief Nicholas again ordered Kelley to drop the weapon. Kelley responded, ?There?s nothing you can do. You guys are going to have to kill me. Someone is going to die.? Officer Nicholas also attempted to persuade Kelley to drop his weapon by telling Kelley that they could ?talk it out? and that he would get Kelley some help.

The officers then saw Mr. Kelley put the handgun to the side of his head. Chief Nicholas again ordered Kelley to drop the weapon. Kelly stretched his arms outward and then pulled them back in. A few seconds later, Kelley pointed his handgun in the direction of Chief Nicholas and Officer Nicholas. Chief Nicholas told Kelley to drop his weapon or he was going to shoot. Kelley continued to point his weapon in the direction of the officers. Chief Nicholas attempted to fire his weapon at Kelley, but Chief Nicholas? weapon did not fire. Chief Nicholas then ordered Officer Nicholas to shoot. Officer Nicholas fired three shots at Kelley. After Officer Nicholas opened fire, Warden Francis, armed with a rifle, fired a single shot at Kelley. Struck by gunfire, Kelley fell off the boulder to the ground. Emergency medical personnel, who were staged in the vicinity, arrived at the scene and determined that Kelley was dead.

An autopsy and forensic examination by the Office of the Chief Medical Examiner determined that Mr. Kelley died as a result of gunshot wounds. He was struck three times. He was struck (by bullets from Officer Nicholas? handgun) in the right abdomen and right calf. He was struck (by the bullet from Warden Francis? rifle) in the right rear of his head.

Several neighboring residents observed in varying degrees the shooting and the events leading up to it. They were interviewed as part of the investigation. Their accounts were consistent with the accounts given by the police officers involved. Also consistent with the several accounts of the event were the video from an Indian Township police cruiser camera, the results of a scene examination and analysis conducted by evidence technicians, and the post-mortem examination conducted by the Office of the Chief Medical Examiner.

Detectives from the Office of the Attorney General went to the scene of the shooting in Indian Township to conduct the investigation. They were assisted by State Police officers and technicians and, later, the Maine State Police Crime Laboratory.


1- This was the first time Mr. Kelley had been at the girlfriend?s residence since his arrest two days earlier for operating under the influence of alcohol. That arrest occurred after the girlfriend had called the police to have Kelley removed from her property.

2- Kelley was referring to conditions of bail related to his OUI arrest on May 10, 2008.

3- When Warden Francis saw Kelley point his weapon in the direction of Chief Nicholas and Officer Nicholas and heard what he thought was Mr. Kelley firing his weapon, Warden Francis fired one shot at Kelley. Although civilian witnesses also stated that they thought Kelley had fired his weapon in the direction of Chief Nicholas and Officer Nicholas, no casings from Kelley?s weapon were located near Kelley?s body. Immediately following the shooting and as part of the investigation, Kelley?s weapon was examined. The CZ-Browning model 83 was found to have one live round in the chamber and ten live rounds in the magazine. The hammer was in a cocked position. The full capacity of the weapon was thirteen rounds.

4- The forensic examination disclosed that Mr. Kelley?s blood-alcohol concentration was 0.34% - more than four times the legal limit for operating under the influence.

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NEWSRELEASE July 17, 2008 Contact: David Loughran

Rowe Highlights Maine?s New Identity Theft Law

July 18, 2008

Effective July 18, 2008 Maine residents who are victims of identity theft have the right to file a police report and receive a copy of a written report from their local law enforcement agency. A police report is required by most financial institutions in order for victims of identity theft to clear their name. In the past, many identity theft victims in Maine were unable to obtain a police report because the crime took place outside of the state.

A common scenario where a victim of identity theft could have had trouble obtaining a police report under the previous law would be: A Maine citizen?s social security number is stolen by a thief in Pennsylvania who uses the information to open a credit card account. The thief then uses the credit card to purchase computers from a company in Texas. When the victim discovers the unauthorized credit cards, they would also discover that the crimes were committed in Pennsylvania and Texas, not Maine. In order to file and obtain a copy of a police report, the victim would have to travel to Pennsylvania or Texas.

?This new law is a major step forward for victims of identity theft,? said Attorney General Steve Rowe. ?Being able to obtain a police report from local law enforcement will substantially reduce the amount of time and annoyance Maine people experience when trying to clear their good names.?

A police report can be made any time identity theft is discovered regardless of when the actual theft occurred. At its discretion, a police department or sheriff?s office may undertake an investigation or refer it to the law enforcement agency that has jurisdiction where the suspected crime was committed.

Rowe continued, ?According to a 2007 survey, identity theft is the third most common crime in Maine. The same technology that enriches our lives has also created opportunities for criminals. It is important that we continue to adapt to the new challenges posed by this ever evolving threat.?

Under Maine law, a victim of identity theft is anyone whose legal identification has been used to obtain confidential information, property or services. ?Legal identification? includes a social security card, social security number, birth certificate, driver's license, government-issued identification card, oral statement of a person?s full name and date of birth or any other means of identifying a person that is generally accepted as accurate and reliable.

?The best way to fight identity theft is to avoid becoming a victim,? Rowe stated. ?I encourage everyone to guard your sensitive information by shredding your financial documents, reviewing your credit report, carrying only the credit cards you use regularly and never give out your personal identifying information over the phone, the internet or through the mail unless you know who you are talking to.?

Victims of identity theft are encouraged to call the Attorney General?s Office at 626-8843 for assistance. For more information please visit the Consumer Protection section of the Attorney General?s website at www.maine.gov/ag

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NEWS RELEASE July 18, 2008 David Loughran, (207) 626-8577

Doctors, State Officials & Youth Prepared to Answer the Surgeon General?s Call to Action

March 6, 2007

Today, Acting Surgeon General Kenneth Moritsugu issued a Call to Action To Prevent and Reduce Underage Drinking. The report identifies underage drinking as a ?major societal problem with enormous health and safety consequences? that ?will demand the Nation?s attention and committed efforts to solve.? The Surgeon General highlights new research that explains why youth react to alcohol differently from adults and explains why successful interventions must occur early, continuously and in the context of human development. He concludes that underage alcohol use is not inevitable and that adults are not powerless to prevent it. The Call to Action offers six goals for reducing and preventing underage drinking and outlines how parents, schools, prosecutors, health care professionals, government and community officials, and youth can achieve the goals.

Shortly after the release of the report, pediatricians, state officials and young people came together to say they were prepared to answer the Surgeon General?s Call to Action.

Maine?s Public Health Director, Dr. Dora Anne Mills, praised Dr. Moritsugu for his leadership in addressing this critically important child health issue. She said, ?Youth drinking is a major pediatric health crisis in this nation and in this state that is not getting better. New research has demonstrated the long-term and sometimes irreversible effects of alcohol on developing brains. This new research demands an urgent response ? we must get youth and parents to understand the significant and serious health risks associated with youth drinking.?

Dr. Donald Burgess, President of the Maine Chapter of the American Academy of Pediatrics, echoed this sentiment and analogized this new research to research done in the 1970s related to the effect of alcohol on developing fetuses. ?Physicians have known since the early 70?s that alcohol has a significant, irreversible and sometimes devastating effect on the brain of the developing fetus. Many efforts and programs since that time have provided education to pregnant women around the disastrous effects of alcohol use during pregnancy. Pediatricians now know that pre-adolescent and adolescent brains continue to develop into young adulthood and the effect of alcohol use during this crucial neurological stage of life is no less significant than the effect on a developing fetus. That is why it is imperative that we, as pediatricians, must educate our patients and parents about the dangers of early alcohol use during well child exams as part of our regular anticipatory guidance.?

The Maine Chapter of the American Academy of Pediatrics pledged to work with the Maine Office of Substance Abuse (OSA) to develop and implement quick, simple interventions that can be used by pediatricians, school health coordinators and other health care professionals with parents and youth. This is one of the Surgeon General?s recommendations for health care professionals.

Kim Johnson, OSA Director said that these types of interventions can go a long way in changing the way we all think about underage drinking. ?In Maine, we?ve been particularly successful at using environmental strategies to reduce other types of youth substance use, and the National Academy of Sciences has already provided us with a roadmap for applying these strategies to underage drinking. We know these strategies work because Maine has achieved one of the lowest youth smoking rates in the country. We can do this for drinking too ? it?ll just take all of us working together.?

Kristin Ireland of the Youth Empowerment and Policy Group (YEP) said she was encouraged by the Surgeon General?s report. ?The Surgeon General?s Call to Action will help motivate youth and their parents to do more to change the social norms around underage drinking. I wish I had grown up in a world where parents didn?t host drinking parties, where it was hard to get alcohol and where I was not constantly bombarded with images of alcohol and drinking. I hope my kids will be able to grow up in a better environment.? She explained that this is why she?s been a part of YEP, a group that last year created a first in the nation Maine Alcohol Retailer?s Local Marketing Code of Conduct. This Code has been implemented in many Maine retail establishments.

Ally Beaucage and Tim Stretton of the Lewiston Youth Advisory Council are part of a local initiative in Lewiston to have high school students speak to 8th graders about entering high school and the peer pressure they will face around drinking. Their message is simple, it?s important to stay true to yourself and to your dreams. If you don?t, you risk losing everything. Their slogan, ?UBooze, ULooze? is made more powerful because the message is coming from older peers. Ally explained, ?We know that younger kids look up to us. They can?t wait to go to high school, and many think they need to give in to peer pressure to drink in order to fit in. We hope it means a lot to them to hear from older kids that you don?t have to drink to fit in and to have a good time. We hope by doing this work some kids will think twice about drinking.? Tim said, ?We?re doing our part and now that the Surgeon General has asked people to do more, we hope other kids around the state will start to speak out against drinking with their peers as well. We think this will start to make a big difference.?

Karen Baldacci is a member of the Leadership to Keep Children Alcohol Free. Since the National Academies of Science issued the Institute of Medicine?s Report on underage drinking entitled Reducing Underage Drinking: A Collective Responsibility, the Leadership has been working to implement the recommendations contained in the report. Mrs. Baldacci explained how the Surgeon General?s Call to Action will help this effort. She said, ?We already know what we need to do to prevent underage drinking. The Surgeon General?s Call to Action now tells us why it is so critical that increase our efforts to implement these recommendations.?

Attorney General Steven Rowe is in Washington D.C. attending the Surgeon General?s private briefing on the Call to Action. However, he expressed his strong commitment to work with state officials to implement the recommendations of the Call to Action. He said, ?The Surgeon General?s Call to Action must motivate us all to action. Our efforts must be more focused, more intense and we must use all of the tools at our disposal. But, we cannot do it alone ? we need everyone, every parent, every doctor, every educator, every community member to get involved and stay involved until we put a halt to this pediatric health crisis.?

Editor?s Note: The Co-Chairs of the Leadership Children Alcohol Free and Attorney General Steve Rowe, Co-Chair of the National Association of Attorneys General Youth Access to Alcohol Committee, met with the Surgeon General early last fall to offer their strong support for his Call to Action and to discuss a broader plan for implementing the Call to Action. These two groups will be an important part of the national effort to bring attention to the report and to help put the recommendations into action.

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NEWS RELEASE March 6, 2007 DAVID LOUGHRAN, SPECIAL ASSISTANT TO THE ATTORNEY GENERAL (207) 626-8577 OR david.loughran@maine.gov

Rep. Brautigam And Attorney General Rowe Announce Bill To Protect Seniors From Financial Exploitation

March 26, 2007

Rep. John Brautigam, D-Falmouth, and Attorney General Steven Rowe will present a bill that would permit bank personnel to report suspected cases of financial exploitation of the elderly to appropriate authorities.

?This legislation will allow financial institutions and credit unions to alert the Department of Health and Human Services if they have a reason to suspect that an elderly customer is being abused, neglected or exploited,? Brautigam said. ?As a lawmaker, I believe there is no more important mission than protecting the security of our vulnerable citizens, especially seniors. With this bill, we can enlist the assistance of the banking community in that effort.?

The bill, L.D. 1428, would provide immunity for the good faith disclosure of financial records for the purpose of ensuring that senior citizens are not being taken advantage of by individuals with access to their accounts.

?Increasingly, Maine seniors are finding themselves the target of financial exploitation because they have liquid assets and good credit,? said Rowe.

?If a banker has a customer who comes in by themselves every week for years to withdraw $250, then starts showing up with an unknown person and withdrawing $10,000 a week, this bill would allow that banker to disclose financial information to authorities without fear of civil or criminal liability,? Brautigam said.

In addition to Attorney General Rowe and Rep. Brautigam, the bill is supported by the AARP, the Maine Association of Community Banks, the Maine Bankers Association, the Maine Credit Union League and the Department of Health and Human Services.

?The efforts of the groups involved will go a long way toward making Maine a safer place for seniors,? Rowe said.

The Insurance and Financial Services Committee will hold a public hearing on the bill on Tuesday, April 3, 2007 at 1 p.m. in Room 427 of the State House.

For more information about the bill, visit: http://janus.state.me.us/legis/LawMakerWeb/summary.asp?ID=280024190

For Immediate Release March 26, 2007 Contact: Rep. John Brautigam, 671-6700 David Loughran (Rowe), 626-8577 Heidi Overbeck (Brautigam), 287-1430 Public hearing on Tuesday April 3, 2007 at 1 p.m.

Attorney General Rowe Applauds Supreme Court Decision Directing The EPA to Enforce the Clean Air Act

April 2, 2007

Today the United States Supreme Court issued a 5-4 decision ruling that the Environmental Protection Agency has the authority to regulate carbon dioxide from automobile emissions and that by not doing so the EPA ignored its responsibility.

?What this decision means is that the EPA will have to make decision based on the science of global warming and not factors that have nothing to do with the Clean Air Act.? Rowe stated. ?We expect the EPA will have a hard time proving that CO2 does not contribute to global warming.?

Maine joined the suit with eleven other states including, Massachusetts, FILL IN STATES

In its decision Justice John Paul Stevens outlined three main points.

1) That States have standing to challenge the EPA 2) The EPA has the authority to regulate CO2 3) The EPA has failed to provide valid reasons as to why the will not enforce its authority.

The Attorney General added, ?Climate change not only impacts the environment which we live, it also harms our health and economy.? Rowe cited industries such as fishing, skiing, maple sugar and forestry that would feel the devastating impact of climate change.

The Supreme Court also ruled on Environmental Defense vs. Duke Energy Corp., a case involving a loophole in the Clean Air Act. Rowe reacted to the Courts unanimous decision by saying, ?The power industry has waged a forceful campaign against New Source Review. Today the Supreme Court said its time that power plants use the technology available to them to reduce the amount of nitrogen oxide, sulfur dioxide and other harmful pollutants that result in smog and acid rain.?

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NEWS RELEASE April 2, 2007 DAVID LOUGHRAN, SPECIAL ASSISTANT TO THE ATTORNEY GENERAL (207) 626-8577 OR david.loughran@maine.gov

Big Tobacco Makes Annual MSA Payment

April 20, 2007

Earlier this week, the company signatories of the 1998 tobacco Master Settlement Agreement (MSA) made their required annual payments to Maine and the other 45 States. The money collected by Maine will go to finance the Fund for a Healthy Maine. In addition to large amounts paid to the signatory States, the MSA is a public health agreement with strong prohibitions on numerous forms of advertising, promotion, and marketing of cigarettes by the participating companies. Since the Fund for a Healthy Maine was created, youth smoking in Maine has decreased 60% and sales of cigarettes have declined 21% nationwide. ?The programs made possible by the Fund for Healthy Maine and the prohibitions on certain advertising have substantially contributed to reducing smoking in Maine. Adults are quitting and fewer children are taking up the habit.? Attorney General Steve Rowe explained.

The major tobacco manufacturers who pay into the fund are Philip Morris, Reynolds America and Lorillard. Of the three only Philip Morris made its full payment. The other two companies paid only about 75% of the amount due and placed the remainder into a ?disputed payment account?. They did so based on an alleged entitlement to a downward payment adjustment for a loss in sales to companies that did not participate in the MSA. The total withheld amount equals approximately $704 million dollars.

The agreement provides that any state that diligently enforces the provisions of the MSA during a year is immune from an NPM Adjustment reduction to its MSA payments for that year. Rowe stated, ?Maine has diligently enforced all provisions of the MSA. It is my hope that any dispute in this matter will be resolved amicably. However, if this is not the case we are fully prepared to litigate the matter.?

?We would have preferred that all tobacco companies had honored the MSA and made their full annual payment. Nonetheless Maine received $46,336,828.45 to help fund health programs, of that more than $12.5 million is aimed at further reducing smoking.? Rowe added.

Nationwide the signatory States received almost $6 billion in MSA payments, bringing the total paid under the MSA to over $53 billion since the agreement was first executed.

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NEWS RELEASE April 20, 2007 DAVID LOUGHRAN, SPECIAL ASSISTANT TO THE ATTORNEY GENERAL (207) 749-9078 OR david.loughran@maine.gov

Civil Rights Team Project Annual Spring Conference is Underway

May 7, 2007

WHAT: Civil Rights Team Project Spring Convention WHERE: Augusta Civic Center WHEN: May 7, 2007 TIME: 8:45-1:30 PM

Today over 1400 students from schools across Maine will travel to Augusta to participate in the Civil Rights Team Project (CRTP) Spring Convention. Civil Rights Teams are student organizations that work to provide youth with the tools and skills necessary to reduce bias-based harassment and violence in their schools and in their communities. At the Spring Convention, students come together to share their experiences and to learn from a distinguished group of presenters and performers.

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MEDIA ADVISORY MAY 7, 2007 DAVID LOUGHRAN, SPECIAL ASSISTANT TO THE ATTORNEY GENERAL (207) 626-8577 OR david.loughran@maine.gov

Chief Medical Examiner Releases Inforation on the Death of Coreen Weise

May 15, 2007

The Office of Chief Medical Examiner has confirmed that the body found in the Saco River early Saturday morning is that of Coreen Weise who has been missing since early November of 2006. Preliminary identification was made by comparison of the orthodontic work. Confirmation of identification was done by the DNA Division of the Maine State Police Crime Laboratory. The autopsy is complete. There is no significant antemortem injury. Findings are all consistent with drowning. The manner of death is pending further investigation and toxicology.

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NEWS RELEASE May 15, 2007 Jim Ferland, Administrator Office of Chief Medical Examiner, (207) 624-7180

Hutchinson Gets Life In Prison for 1994 Murder

August 2, 2007

Today, Michael Hutchinson was sentenced to life in prison for the murder of Crystal Perry. On April 9, 2007 a jury found Hutchinson guilty in the 1994 stabbing of Perry. The murder took place in her kitchen while her daughter slept in an adjoining room.

?The brutal circumstances of the murder coupled with the fact that he walked free for so many years make life in prison a fitting sentence.? Remarked Assistant Attorney General Lisa Marchese, who presented the State?s case before Justice Thomas Warren in Cumberland County Superior Court.

The case remained unsolved for over a decade before DNA evidence led to Hutchinson arrest.

A conviction for Murder carries a minimum sentence of 25 years and a maximum sentence of life in prison.

?Although this sentence will not bring Crystal back, it is a fitting punishment for Michael Hutchinson and will ensure that he will not hurt anyone again.? Said Attorney General Steve Rowe.

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NEWS RELEASE August, 2, 2007 David Loughran, Special Assistant to the Attorney General (207) 626-8577

Rowe To Congress: Allow States to Fight Global Warming

August 3, 2007

On Wednesday, Attorney General Steve Rowe, along with ten state?s attorneys general and the Corporation Counsel for the City of New York sent a letter to Speaker of the House Nancy Pelosi and other Members of the House of Representatives strongly urging them to oppose H.R. 2927, an amendment to the energy bill that contains language that could be used to challenge greenhouse gas emission standards already adopted by Maine and thirteen other states.

?This amendment is designed to strip Maine and other states of our authority to regulate greenhouse gases and combat global warming.? Rowe commented. ?The Supreme Court has ruled that the States do have this authority (See Massachusetts v. EPA). Unless the sponsors include language to clarify any ambiguity, we will see endless disagreement in Congress and needless future litigation.?

H.R. 2927, known as the Hill-Terry Amendment, provides modest increases in the federal fuel economy standards, requires the Secretary of Transportation to issue fuel economy standards in terms of both ?miles per gallon? and ?grams per mile of carbon dioxide emissions?. Currently the Department of Transportation is mandated to promote energy efficiency by setting mileage standards.

In contrast, the Environmental Protection Agency is statutorily mandated to set standards for air pollutants from any class of new motor vehicles. In Massachusetts v. EPA, the Supreme Court ruled that the two statutory mandates are ?wholly independent?. ?The Department of Transportation has never set emissions standards. That job can best be done by the EPA.? Rowe added.

In the letter, the attorneys general urged the House to adopt clarifying language that matches the ?explicit savings clause? adopted by the United States Senate in their version of the energy bill. In the Senate report, the explicit savings clause reads, ?Nothing in this title shall be construed to conflict with the authority provided by sections 202 and 209 of the Clean Air Act.?

?Mainers are demanding action on climate change. The federal government should join Maine in our efforts to reduce carbon emissions, not pass legislation that makes it more difficult for states to act.? said Rowe

Yesterday afternoon it was reported that the sponsors have withdrawn their amendment and that energy efficiency standards will be debated later in the conference committee on the energy bill or this fall when the House is expected to vote on climate change legislation.

?The sponsors made the right decision by withdrawing the amendment, I am hopeful that the House will enact an energy that works to reverse the effects of climate change.? Rowe stated. *****

NEWS RELEASE August 3, 2007 David Loughran, Special Assistant to the Attorney General, (207) 626-8577

The Maine Hospice Council and Center for End-of-Life Care Hosts A Conversation with the Attorney General: Perspectives on End-of-Life Care

August 28, 2007

The Maine Hospice Council and Center for End-of-Life Care in partnership with Maine?s Office of the Attorney General is pleased to host a series of Town Meetings, held in seven different communities across the state beginning on September 20th.

How are we doing? What is missing? What is working well? What conversations do we need to have? Who needs to be involved? Is pain being managed? Are wishes being respected? These questions and others will be the topics for discussion as Attorney General Steve Rowe listens to community members as they share their thoughts. Tapping into the hospice and palliative care expertise in each area, a panel of local resource people will be available to respond to any region-specific questions or concerns. These discussions will be a follow-up, and compliment to, the ?Consumer Protection Conference? that was hosted by the Maine Hospice Council and Center for End-of-Life Care and the Attorney General in September 2004. Community engagement is a necessary component in developing quality end-of-life care. The Attorney General is interested in what is working well and what might need a course correction.

These Town Hall Meetings are free and open to the public. They are scheduled as follows:

Sept. 20 Androscoggin Bank Colise? ( Shipyard Lounge) Lewiston 6:00-8:00pm

Sept. 27 Machias Savings Bank (Community Rm.) Machias 6:00-8:00pm

Oct. 4 Thomas College (Auditorium) Waterville 6:00-8:00pm

Oct. 11 St. Joseph?s Healthcare Park Bangor 6:00-8:00pm

Oct. 18 UME PI Presque Isle 6:00-8:00pm

Oct. 25 Miles Home Health and Hospice (Board Rm.) Damariscotta 6:00-8:00pm

Nov. 1 MMC (Dana Center) Portland 6:00-8:00pm

For more information please call the Council at 626-0651 or check the website www.mainehospicecouncil.org.

Since 1984, the Maine Hospice Council and Center for End-of-Life Care has been creating innovation opportunities, fostering collaboration, and serving as convener and educator for end-of-life issues. The Council has been, and remains, the only statewide non-profit devoted solely to improving end of life care in Maine.

FOR IMMEDIATE RELEASE CONTACT: Donna Jacobs, Office Manager: (207) 626-0651 August 28, 2007

Attorney General Steve Rowe Appeals EPA's Decision on Auto Emmissions Standards

January 2, 2008

Today Maine Attorney General Steve Rowe announced that he is joining a lawsuit against the United States Environmental Protection Agency (EPA) to uphold the right of states to regulate greenhouse gas pollution from automobiles. Maine is part of a 15-state coalition appealing the EPA?s December 19, 2007 denial of California?s request for a waiver. The denial prevents Maine from implementing greenhouse gas emissions standards for cars.

The federal Clean Air Act grants California -- exclusively among all states -- the power to enact its own air pollution standards for cars. The Clean Air Act also allows other states to adopt California?s standards. But California?s standards and those of the other states can only take effect if the EPA grants a waiver exempting California from federal regulation.

?The Bush administration has ignored the problem of climate change, now they are blocking the states from taking action? Rowe stated. ?The decision by the EPA to deny California?s waiver request leaves states no choice but to file this appeal.?

Maine adopted California?s standards in 2005 with the aim of reducing emissions of greenhouse gases from cars by 30% by 2016. In total, at least17 other states have now either adopted or plan to adopt the California standards.

?While it is good that the EPA is finally recognizing that greenhouse gasses contribute to climate change, and therefore pose a global threat, the agency offers as a solution a program that will take more than a dozen years to achieve.? Rowe said. ?Maine and other states are ready to act now.?

Today?s lawsuit, which seeks to reverse the EPA decision, was filed by the State of California in the United States Court of Appeals for the Ninth Circuit. Other states or state agencies intervening in the suit are: Massachusetts, Arizona, Connecticut, Delaware, Illinois, Maine, Maryland, New Jersey, New Mexico, New York, Oregon, Pennsylvania Department of Environmental Protection, Rhode Island, Vermont, and Washington.

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NEWS RELEASE January 2, 2008 David Loughran, Special Assistant to the Attorney General, (207) 626-8577

AG Rowe Urges Maine?s Senators to Reject FISA Amendment

January 22, 2008

Today, Maine Attorney General Steve Rowe called upon Senators Olympia Snowe and Susan Collins to reject any amendment to the 1978 Foreign Intelligence Surveillance Act (FISA) that would hamper the Maine Public Utility Commission?s (PUC) ability to protect the privacy rights of telephone subscribers in Maine. This week, the United States Senate is expected to take up amendments to FISA, including provisions that would give amnesty to telephone companies that may have illegally turned over their customers? records to the National Security Agency (NSA). Such amnesty would not only prevent numerous pending lawsuits against the telephone companies from going forward, but also could stop state regulatory agencies, including Maine?s PUC, from even questioning the companies as to whether any disclosure of confidential customer records was in compliance with state law.

Rowe stated, ?Any amendments that shut down independent state inquiries are particularly disturbing, especially in light of the fact that twenty-two Maine residents have filed a complaint asking the PUC to investigate whether Verizon unlawfully disclosed records of its Maine customers.? Rowe continued, ?In Maine, telephone subscribers have a right to privacy, and their records should not be turned over unless the proper legal procedures have been followed. The PUC is certainly entitled to investigate whether telephone companies have violated the privacy rights of their customers, and I urge our Senators to reject any FISA amendment that would interfere with the PUC?s ability to conduct such investigations.?

In October 2007, Rowe and the Attorneys General of Vermont, Connecticut, and New Jersey, along with a Commissioner of the Missouri Public Service Commission, submitted a joint statement to the Senate Judiciary Committee urging the Committee to reject any amendment to FISA that would interfere with the states? ability to investigate whether telephone companies unlawfully disclosed their customers? records. A copy of that statement is attached.

Background

On May 8, 2006, twenty-two Maine residents filed a complaint with the PUC asking it to investigate whether Verizon unlawfully provided the NSA with confidential customer records. Three months later, the United States Department of Justice sued the PUC in federal court seeking an order barring the PUC from conducting any investigation. The DOJ filed similar lawsuits against regulatory agencies in Vermont, Connecticut, New Jersey, and Missouri. The cases were transferred to the United States District Court for the Northern District of California, where they were assigned to Chief Judge Vaughn R. Walker. On July 24, 2007, Chief Judge Walker rejected the DOJ?s argument that federal law preempts state regulatory agencies from investigating whether telephone companies unlawfully disclosed customers? records. Judge Walker deferred ruling on the DOJ?s other argument, that the so-called ?state secrets privilege? bars the investigations, pending a decision from the United States Court of Appeals for the Ninth Circuit in a related case. The Ninth Circuit?s decision may provide some clarification regarding application of the state secrets privilege. The Ninth Circuit heard oral argument on August 15, 2007, but it has not yet issued a decision.

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NEWS RELEASE January 22, 2008 David Loughran, (207) 626-8577

Rowe Calls on Feds to Investigate Alcoholic Energy Drink

February 21, 2008

Today, Attorney General Steve Rowe urged the Alcohol and Tobacco Tax and Trade Bureau (TTB) to take immediate action to investigate allegations that Sparks and Sparks Plus alcoholic energy drinks contain unsafe levels of caffeine. The letter also requests TTB to determine if the alcohol content in Sparks alcoholic energy drink is higher than the 6.0% alcohol by volume disclosed on the label. Attorney General Rowe is joined by 15 attorneys general in calling for this action.

The request stems from a news report on February 1st by CBS4 in Miami. The report disclosed that independent laboratory tests found that 16 ounce cans of Sparks and Sparks Plus alcoholic energy drinks contain 214mg and 215mg of caffeine respectively. Attorneys general obtained the laboratory reports from the station and discovered that the laboratory also found that Sparks, which is labeled 6.0% alcohol by volume, contained 6.97% alcohol by volume.

TTB limits amounts of ingredients that can be added to or found in alcoholic beverages. The limit for caffeine is 200 parts per million. The amounts of caffeine purportedly found in Sparks and Sparks Plus are more than two times the allowable limit. In addition, federal law requires containers of malt beverage to contain truthful and accurate statements of alcohol content. Sparks is labeled as containing 6.0% alcohol by volume. If Sparks contains more than 6.0% alcohol by volume, the mislabeling of the product is a practice that is prohibited by federal law.

?I am gravely concerned about the negative health outcomes that may result from consumers unknowingly mixing dangerously high amounts of caffeine with higher than disclosed amounts of alcohol,? said Attorney General Rowe. ?Caffeine is a stimulant that can mask feelings of intoxication, giving drinkers the false impression that they can drink more and function normally. This is a recipe for disaster.?

The 15 attorneys general signing the TTB letter are all members of the National Association of Attorneys General Youth Access to Alcohol Committee. The Committee has been focusing on issues related to alcopops and alcoholic energy drinks as they are very popular with young drinkers. The Attorneys general highlighted recent findings by Dr. Mary Claire O?Brien in a Wake Forest University study of college students. The study found that college students, including underage students, who drank alcoholic energy drinks were more likely to engage in heavy drinking and to have significantly higher prevalence of alcohol-related consequences, like sexual assault and physical injury, then those college drinkers who did not mix alcohol with energy drinks.

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NEWS RELEASE February 21 , 2008 Jessica Maurer, (207) 626-8515

Attorney General Rowe to Speak at ?Ski to End DV Day?

February 27, 2008

Attorney General Steve Rowe will kick off Family Crisis Service?s fundraising event on Thursday, February 28, 2008 at 9:00AM. The event will take place at Shawnee Peak Ski Area in Bridgton, ME. Rowe will give opening remarks at Ski to End DV day. The non-profit agency?s mission is to end domestic violence in Cumberland and Sagadahoc Counties in Maine, and it will receive 10% of Shawnee Peak?s daytime lift revenues as part of that business?s ?Non-profit Thursdays? program.

?Attorney General Rowe has made domestic violence prevention a high priority for his office,? said Lois Galgay-Reckitt, Executive Director of Family Crisis Services, ?and we?re grateful for his support.?

Family Crisis Services offers emergency housing, a 24-hour hotline, trainings, support groups, and outreach services including safety planning and assistance with the court system. All services are free and confidential.

Domestic violence is a pattern of coercive behavior that is used by one person to gain power and control over another person ? a spouse or companion, son, daughter or other family member. It may include physical abuse, verbal abuse, stalking, financial and/or emotional control and can happen to anyone regardless of race, age, educational background, religion, sexual orientation, income, or marital status. Each year more than 14, 000 people in Maine access domestic violence services.

Shawnee Peak Ski Area is located at 119 Mountain Road, Bridgton, ME. It has more than 40 trails and glades, five lifts, 98% snowmaking, a 400? halfpipe and two terrain parks. The ski area opens at 9 am.

Representatives from Family Crisis Services will be available on the day of the event to answer questions about domestic violence. Additional donations will be accepted at the event. For more information about the event or to find out more about domestic violence, visit www.familycrisis.org or call Charlotte at (207) 647-8501.

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NEWS RELEASE February 27, 2008 David Loughran, Office of the Attorney General, (207) 626-9577

Two Convicted For Defrauding the State?s Circuit Breaker Program

February 28, 2008

Today, Attorney General Steve Rowe announced two recent convictions involving persons who were defrauding the State?s Tax and Rent Refund program, commonly known as the Circuit Breaker Program. The program is administered by Maine Revenue Services and provides tax relief to eligible Maine residents by granting a partial refund for real estate taxes or rent paid during the tax year.

Angela Ferrante of Bangor was convicted in the Penobscot Superior Court on February 20, 2008 of a Class C theft by Deception and six Class B counts of aggravated forgery in a scheme where she defrauded the State program out of nearly $10,000 during a six year period. She was sentenced to two years in a Department of Corrections facility, with all but 15 days suspended, and three years of probation. Additionally, Ferrante was ordered to pay restitution to the State in the amount of $9,890. A companion case against her son, James Green of Bangor, is currently pending in the Bangor District Court.

On February 26, 2008 Roger Gower of Portland was convicted in the Cumberland County Superior Court on four Class C counts of theft by deception of money from the Tax and Rent Refund program. He was sentenced to four months in the Cumberland County Jail and was ordered to pay restitution in the amount of $787. Mr. Gower has a co-defendant, Pamela Miller of Portland, whose case is still pending in the Cumberland County Superior Court. In both cases, the defendants submitted false applications that claimed they had paid rent that they had, in fact, never paid. As a result of these false applications Gower and Miller obtained money from the Circuit Breaker program that they were not entitled to.

Attorney General Rowe stated that his office and Maine Revenue Services will continue to vigorously prosecute any persons who seek to take advantage of this valuable program that provides necessary assistance to eligible Maine residents.

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NEWS RELEASE February 28, 2008 David Loughran, (207) 626-8577

Maine Hospice Council and Attorney General Rowe ask for Comment on the Status of End of Life Care in Maine

March 31, 2008

On seven consecutive Thursday evenings during the fall of 2007, the Maine Hospice Council and Center for End-of-Life Care worked in partnership with Maine?s Office of the Attorney General to host a series of Town Hall Meetings across the state. At each of these public meetings, Attorney General Steve Rowe moderated lively and informative discussions about end-of-life care in Maine. Local panelists and community members in each region were encouraged to engage in dialogue with each other and offer testimony about their respective experiences as healthcare consumers. During these meetings in Lewiston, Machias, Waterville, Bangor, Presque Isle, Damariscotta and Portland, the 225+ people who participated were asked to consider the following questions: How are we doing with end-of-life care in Maine? What is working well? What is missing? What conversations do we need to have? Who needs to be involved? Is pain being managed? Are wishes being respected? Transcripts of the meetings have been created and a final report is anticipated in late spring. In an effort to capture a broader spectrum of community voices, we are inviting individuals who were not able to attend the town hall meetings to submit their questions, concerns and/or personal experiences on-line. These additional comments will be considered an addendum to the town hall meeting transcripts and a valuable contribution to the final report. There will be a 30 day comment period beginning April 1, 2008 and running through April 30, 2008. Visit http://www.maine.gov/ag/elderissues/commentssought.shtml to share your thoughts on the state of end of life care in Maine.

NEWS RELEASE March 31, 2008 David Loughran, (207) 626-8577

Attorney General Steve Rowe Announces Changes to the Consumer Information and Mediation Service

April 4, 2008

Attorney General Steve Rowe announced today that the hours of operation for the Attorney General?s Consumer Mediation and Information phone line (Consumer Line) have been expanded. The toll free line, (800) 436-2131, will now be open Mondays through Thursdays from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m.

?By expanding the hours of the consumer line, Maine people will have greater access to our free mediation and information services.? Attorney General Steve Rowe said. ?Our volunteers and staff can offer consumers information on the Lemon Law, implied and express warranties, identity theft, home heating oil rights and much more.?

The expanded schedule means that the toll free mediation and information line will be staffed nine more hours each week. In addition to the toll free phone number, consumers can contact the Consumer Protection Division by email at consumer.mediation@maine.gov and by regular mail by writing to:

Attorney General?s Office, Consumer Protection Division 6 State House Station Augusta, ME 04333

The Consumer Mediation and Information Service assists Maine consumers and businesses by answering questions, providing referrals and mediating disputes. In 2007, the volunteer mediators attempted to resolve more than 900 consumer complaints. Of these, 519 were resolved, resulting in $703,223 being returned to Maine consumers. The 2007 resolution rate for the Mediation Service was 57%.

Rowe said that he hopes that expansion of the consumer phone line hours will allow more people to contact his office. ?Last year we received almost 5,400 calls, but we know that some people were unable to get through. Hopefully our expanded hours of operation will allow all consumers to contact us when they need help.?

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NEWS RELEASE April 4, 2008 David Loughran, (207) 626-8577

Tuller Recieves a Life Sentence

May 16, 2008

Today, the Penobscot County Superior Court sentenced Peter Tuller, 37, to life in prison for the murder of Michael Demmons. On June 25, 2006 Tuller beat Demmons to death in a Bangor apartment. The State was asking for a life sentence.

NEWS RELEASE May 16, 2008 Bill Stokes, Deputy Attorney General, (207) 626-8571

Use of Deadly Force By Portland Police Against Albert Kittrell Legally Justified

July 10, 2008

Attorney General Steven Rowe announced today that a Portland police officer, Nicholas Goodman, was legally justified when he shot and killed Albert W. Kittrell, 48, in a moving vehicle on St. John Street in Portland on the night of May 3, 2008.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Officer Goodman in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer?s duties.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of others, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is being used or is imminently threatened against the officer or others. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that use or imminent threat of unlawful deadly force. (Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury.)

Based on his office's investigation and legal analysis, Attorney General Rowe determined that Officer Goodman actually and reasonably believed that Albert Kittrell was using unlawful deadly force against him and deadly force on the officer?s part was necessary to protect himself from death or serious bodily injury. Therefore, both requirements of law having been met, the use of deadly force by Officer Goodman was legally justified.

The Attorney General reported the following findings from his office's investigation:

During the late evening of May 3, 2008, Portland police officer Nicholas Goodman was engaged in uniform patrol activities operating a marked police vehicle. At 9:42 P.M., Goodman stopped a Ford Explorer on St. John Street after observing suspected vehicle violations. The Ford Explorer was being operated by a man later determined to be Albert W. Kittrell, age 48, of Westbrook. As is routine, a second Portland police officer arrived soon after at the location of the vehicle stop. The officer, James Davison, was likewise in uniform and operating a marked police cruiser.

Upon approaching the stopped vehicle, Officer Goodman observed the only occupant to be the driver, a man he recognized as either Albert Kittrell or Kittrell?s brother. Goodman asked the driver if he was in fact Albert Kittrell or the brother. The driver, according to Goodman, was restless and avoided eye contact. He was holding a cellular telephone with an illuminated screen, indicating to Officer Goodman that Kittrell was connected or attempting to connect to a call. Kittrell?s answers to Officer Goodman?s questions were ?choppy? and unresponsive, and Kittrell focused more at that point on attempting to persuade Officer Goodman to allow him to drive the vehicle to a nearby residence where a friend who in fact owned the vehicle could provide the operator and vehicle documentation requested by Officer Goodman.

The investigation disclosed that as Officer Goodman initiated the traffic stop, Kittrell used the cellular phone in his possession to contact his former girlfriend, who lived nearby in Portland and who also was the owner of the Ford Explorer. Kittrell had asked the vehicle owner if there was some defect with her vehicle that would attract the attention of the police. This telephone conversation between Kittrell and the vehicle owner continued as Kittrell responded to Officer Goodman?s signal to stop and the vehicle owner overheard some of the interaction between Officer Goodman and Kittrell through the open cellular connection. For example, the vehicle owner heard Albert Kittrell identify himself to the police officer as ?Joseph? Kittrell, and chastised him for doing so.

Officer Goodman later told an investigator that Kittrell?s behavior and the information provided to him by Kittrell resulted in his becoming increasingly suspicious of him. For example, Goodman recalled that after identifying himself as ?Joseph? Kittrell, Kittrell experienced difficulty reciting a date of birth. As Officer Goodman returned to his cruiser to check the information provided to him by Kittrell, Officer Davison arrived. At the same time, the vehicle owner left her home on foot and started walking the few blocks to the location Kittrell had described to her during their telephone conversation. A short time later she would observe Officer Goodman hanging from the side of the vehicle, hear gunshots, and observe Officer Goodman falling to the pavement as he lost his hold on the moving vehicle.

Officer Goodman learned that Albert Kittrell was a habitual offender who was subject to bail conditions, having been recently arrested for operating after suspension. The bail conditions included not operating a vehicle. Through further investigation, Officer Goodman established probable cause that the driver of the vehicle was in fact Albert Kittrell, not ?Joseph.? This determination was partly based on significantly different physical descriptions that Goodman obtained of Albert and Joseph Kittrell. Officer Goodman informed Officer Davison that it was his intention to arrest Kittrell.

Officer Davison first stood at the right rear of the Kittrell vehicle as Officer Goodman walked to the driver?s door. Davison then moved forward to the front passenger door of the vehicle. Goodman told an investigator later that he recalled Kittrell complying with his instruction to turn off the engine of the vehicle. Goodman confronted Kittrell with Kittrell?s use of a false identity and Goodman?s belief that he was in fact Albert Kittrell, a habitual offender subject to bail conditions that included not operating a vehicle. Goodman told Kittrell he was under arrest and ordered him from the vehicle. Kittrell asked the officer to ?give him a break? and when the officer declined, Kittrell remarked that his civil rights were being violated. Officer Goodman told Kittrell again to get out of the vehicle ? that he was being arrested. Officer Goodman stepped back from the vehicle anticipating that Kittrell would comply.

Instead of opening the door of the vehicle, however, Kittrell reached for the ignition of the vehicle. Officer Goodman rapidly stepped back to the driver?s door and, with his left hand, reached through the open window for the ignition switch on the steering column. Simultaneously, Goodman attempted but failed to open the driver?s door with his right hand. Goodman then reached into the vehicle with both hands in an effort to prevent Kittrell from activating the ignition. Independently, Officer Davison observed what he believed to be Kittrell?s intended flight. He opened the front passenger door, and hurled himself into the vehicle in an effort to stop Kittrell. These actions by Officers Goodman and Davison were witnessed by a nearby resident who had also earlier observed the initial interaction between Officer Goodman and Kittrell.

Kittrell started the engine and engaged the gear shift lever located on the steering column. Upon hearing the engine start, Officer Goodman tried to reach the shift lever to put it back in the ?park? position, but he was unable to do so. For his part, Officer Davison, inside the vehicle at this point, told an investigator that he concentrated all his efforts on stopping Kittrell from escaping. This included his attempts to disengage the shift lever from the ?drive? position and to reach the brake pedal with his foot, actions that were thwarted by Kittrell. Officer Davison recalled repeatedly ordering Kittrell to stop.

Goodman told an investigator that his upper torso was positioned past the threshold of the driver?s door window inside the vehicle as the vehicle rapidly lurched forward, resulting in nearly 30 feet of acceleration marks left on the pavement by the right rear tire of the vehicle. Goodman recalled yelling at Kittrell to stop and hearing Davison voicing similar commands. At the same time, Goodman observed that Davison was inside the vehicle, and that Kittrell was grappling with Davison. According to Goodman, Kittrell also attempted to push him off the vehicle, which was by now was traveling at a rapid pace. The resident observing the interactions between Kittrell and the police observed the vehicle drive off with Goodman being dragged alongside.

Officer Goodman lost his footing as the vehicle sped off and felt his boots dragging on the pavement as he hung onto the vehicle, fearful that letting go would result in his death from the fall and/or being run over by the vehicle?s left rear tire. It was later determined that both of Goodman?s leather boots were scraped and gouged and his uniform trousers torn from being dragged along the pavement. As the speed of the vehicle increased, Goodman removed his .45 caliber service weapon from its holster, and shot Kittrell. At about the same moment, Goodman lost his hold on the vehicle and fell hard to the pavement face first. The investigation disclosed that Goodman fired his weapon three times, twice striking Kittrell in the left flank. After Kittrell was shot, Officer Davison was able to bring the vehicle to a stop. Within minutes, Kittrell was attended by emergency medical personnel and transported to the Maine Medical Center in Portland where he was initially treated and then pronounced dead. Officer Goodman was also treated at the hospital for injuries to his knees, hands, and face, all the result of being dragged as well as falling from the moving vehicle. Officer Davison was treated for pulled arm muscles.

The investigation disclosed that from the point Kittrell drove off with Officer Goodman hanging onto the vehicle and Officer Davison inside, the vehicle traveled about 280 feet before Kittrell was shot and Officer Goodman lost his hold on the vehicle. The vehicle traveled another 77 feet with Officer Davison inside before Davison was able to bring it to a stop. A span of 13 minutes elapsed from the time Officer Goodman first stopped the Kittrell vehicle to the time that Kittrell was shot.

The Portland Police Department cooperated fully with the Attorney General detectives who conducted the investigation, and provided assistance in processing the scene on St. John Street. An autopsy and forensic examination by the Office of the Chief Medical Examiner determined that Kittrell died as a result of two gunshots to the left flank and that the manner of death was consistent with the accounts provided by officers and other witnesses as well as the physical evidence found at the scene.

*********** 1 The investigation determined that just prior to this renewed interaction between Officer Goodman and Kittrell, Kittrell had conversed with his former girlfriend (the vehicle owner) via cellular telephone and informed her that he had no intention of returning to jail, and that he was going to attempt to escape from the officers at the traffic stop.

NEWS RELEASE July 10, 2008 Jessica Maurer, Special Assistant Attorney General, (207) 626-8515

Use of Deadly Force by Indian Township Officers Legally Justified

July 17, 2008

Attorney General Steven Rowe announced today that Indian Township Police Officer Alexander Nicholas II and Indian Township Game Warden Scott Francis were legally justified when they used deadly force against Douglas P. Kelley, Jr., 40, of Calais, during the early evening of May 12, 2008, in Indian Township. Mr. Kelley died as the result of gunshot wounds inflicted by the officers.

The Attorney General's investigation focused on the issue of whether the use of deadly force by the officers in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer?s public duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat of unlawful deadly force.

Attorney General Rowe determined, based on the investigation conducted by his office and the application of controlling Maine law, that Officer Nicholas actually and reasonably believed that unlawful deadly force was being imminently threatened against himself and others by Douglas Kelley and that Warden Francis actually and reasonably believed that unlawful deadly force was being imminently threatened against others by Douglas Kelley, and that the officers also actually and reasonably believed that the use of deadly force on their part was necessary to protect themselves and/or others. Therefore, both requirements of the law having been met, the use of deadly force by Officer Nicholas and Warden Francis was legally justified.

The Attorney General?s investigation revealed the following:

On Monday, May 12, 2008, at approximately 5:00 p.m., Douglas Kelley drove his vehicle to the home of his recent former girlfriend on Hemlock Point Road in Indian Township. At the residence were the girlfriend, her daughter, her daughter?s boyfriend and two infant children. Upon arriving at the residence, Mr. Kelley appeared to be upset. He was drinking a beer and was visibly intoxicated. He instructed the girlfriend to remove her personal property from his vehicle and lamented that the girlfriend no longer loved him. The girlfriend observed an empty gun holster and an ammunition box inside Kelley?s vehicle.

Kelley followed the girlfriend to the backyard of the residence. He carried with him an unopened 12-pack of beer. Kelley told the girlfriend that he had been ?kicked off the reservation? and that he was not supposed to be at her residence. After going into the residence to use the bathroom, Kelley returned to his vehicle where a conversation between he and the girlfriend ensued. At a point when Kelley got out of his vehicle with his right hand under his shirt, the girlfriend pulled the shirt away and saw that Kelley was holding a handgun in his right hand. Kelley pointed the gun at the girlfriend. The girlfriend and the others at the residence went into the house, locked the doors and windows, and placed the infant children in a back bedroom. Kelley remained outside.

At approximately 5:37 p.m., the Indian Township Police Department received a telephone call from the girlfriend that Mr. Kelley was at her residence and that he had pointed a handgun at her. She told the police dispatcher that Kelley had moved from the driveway of her residence to the area of a large boulder situated between her residence and a neighboring residence and, from that location, had fired at least one shot into the woods behind her house. This information was relayed to the responding officers including Officer Nicholas, Warden Francis, Officer James Mendoza and Chief of Police Alexander Nicholas. Officer Mendoza, the first to respond, knew Kelley as he had arrested Kelley for OUI two days earlier. When Officer Mendoza arrived at a location where he could observe the girlfriend?s residence, he saw Kelley with what appeared to be a handgun, and relayed his observations to the other responding officers.

Warden Francis went into a wooded area behind the girlfriend?s residence. From that vantage point, later determined to be about 115 feet from Kelley, he observed Kelley sitting on the large boulder. Chief Nicholas and Officer Nicholas, who had responded to the call together and taken positions behind the opened doors of their police cruiser, both knew Kelley from previous encounters. They likewise observed Kelley sitting on the boulder.

Chief Nicholas instructed Mr. Kelley to drop his weapon and show his hands. Kelley responded with an expletive, turned slightly to his right and pointed his handgun in the direction of Chief Nicholas and Officer Nicholas. Chief Nicholas again ordered Kelley to drop the handgun. Kelley replied, ?[expletive] you guys, you?re gonna have to kill me.? Additional commands to drop the weapon were given to Kelley by Chief Nicholas. Later, Kelley again briefly pointed his weapon in the direction of Chief Nicholas and Officer Nicholas. Chief Nicholas again ordered Kelley to drop the weapon. Kelley responded, ?There?s nothing you can do. You guys are going to have to kill me. Someone is going to die.? Officer Nicholas also attempted to persuade Kelley to drop his weapon by telling Kelley that they could ?talk it out? and that he would get Kelley some help.

The officers then saw Mr. Kelley put the handgun to the side of his head. Chief Nicholas again ordered Kelley to drop the weapon. Kelly stretched his arms outward and then pulled them back in. A few seconds later, Kelley pointed his handgun in the direction of Chief Nicholas and Officer Nicholas. Chief Nicholas told Kelley to drop his weapon or he was going to shoot. Kelley continued to point his weapon in the direction of the officers. Chief Nicholas attempted to fire his weapon at Kelley, but Chief Nicholas? weapon did not fire. Chief Nicholas then ordered Officer Nicholas to shoot. Officer Nicholas fired three shots at Kelley. After Officer Nicholas opened fire, Warden Francis, armed with a rifle, fired a single shot at Kelley. Struck by gunfire, Kelley fell off the boulder to the ground. Emergency medical personnel, who were staged in the vicinity, arrived at the scene and determined that Kelley was dead.

An autopsy and forensic examination by the Office of the Chief Medical Examiner determined that Mr. Kelley died as a result of gunshot wounds. He was struck three times. He was struck (by bullets from Officer Nicholas? handgun) in the right abdomen and right calf. He was struck (by the bullet from Warden Francis? rifle) in the right rear of his head.

Several neighboring residents observed in varying degrees the shooting and the events leading up to it. They were interviewed as part of the investigation. Their accounts were consistent with the accounts given by the police officers involved. Also consistent with the several accounts of the event were the video from an Indian Township police cruiser camera, the results of a scene examination and analysis conducted by evidence technicians, and the post-mortem examination conducted by the Office of the Chief Medical Examiner.

Detectives from the Office of the Attorney General went to the scene of the shooting in Indian Township to conduct the investigation. They were assisted by State Police officers and technicians and, later, the Maine State Police Crime Laboratory.

****************************** 1 This was the first time Mr. Kelley had been at the girlfriend?s residence since his arrest two days earlier for operating under the influence of alcohol. That arrest occurred after the girlfriend had called the police to have Kelley removed from her property.

2 Kelley was referring to conditions of bail related to his OUI arrest on May 10, 2008.

3 When Warden Francis saw Kelley point his weapon in the direction of Chief Nicholas and Officer Nicholas and heard what he thought was Mr. Kelley firing his weapon, Warden Francis fired one shot at Kelley. Although civilian witnesses also stated that they thought Kelley had fired his weapon in the direction of Chief Nicholas and Officer Nicholas, no casings from Kelley?s weapon were located near Kelley?s body. Immediately following the shooting and as part of the investigation, Kelley?s weapon was examined. The CZ-Browning model 83 was found to have one live round in the chamber and ten live rounds in the magazine. The hammer was in a cocked position. The full capacity of the weapon was thirteen rounds.

4 The forensic examination disclosed that Mr. Kelley?s blood-alcohol concentration was 0.34% - more than four times the legal limit for operating under the influence.

NEWS RELEASE July 17, 2008 David Loughran, 626-8577

Court Issues Order Against Five Men in Civil Rights Suit for Assault of Native Americans

August 21, 2008

Attorney General Steve Rowe announced that the Maine Superior Court has ordered five defendants (David Townsend, Nicholas James, Adam Casey, Sean McArthur and a juvenile) to stay away from five Native American residents of Indian Township, and to refrain from future violations of the Maine Civil Rights Act.

The State alleged in its Complaint filed in January 2008, that the five defendants had threatened violence and assaulted the five Native American males (then aged 13,14,15,16 and 20) on August 19, 2007 in Baileyville and that the conduct was based upon the defendants? bias against the victims? race and ethnic origin.

Attorney General Rowe said: ?Racially motivated acts of violence tear at the fabric of our communities. No person should be afraid to walk the streets of our cities and towns. Maine is a place where every person has the right to feel safe.?

According to the Complaint, the defendants drove up to the victims and emerged from their cars armed with two by fours, sticks and pipes. The Complaint goes on to allege that Nicholas James yelled, ?Come on, let?s get the Indians.? The other defendants also directed anti-Native American epithets at the victims. The State asserted that the juvenile defendant and James assaulted the 14 year old victim by punching and kicking him, while Adam Casey, David Townsend and others physically blocked anyone attempting to assist him. Sean McArthur was alleged to have pursued the 20 year old victim and assaulted him with a stick.

The Maine Civil Rights Act protects all people from violence and threats of violence based on bias against their race and ethnic origin.

The defendants consented to the Court?s Order by signing consent decrees. Under the decrees, the defendants did not admit that they committed the threats or assaults or otherwise violated the Maine Civil Rights Act. Under the Order, any future violations of the Maine Civil Rights Act by the defendants will be prosecutable as a Class D Crime, punishable by up to 364 days in jail. The Order prohibits them from having any contact with the five victims named in the Order and from committing future violation of the Maine Civil Rights Act against any person based on race, color, religion, sex, ancestry, national origin, physical or mental disability or sexual orientation.

The Attorney General?s Office would like to thank the Baileyville Police Department for its investigation of the allegations and its referral to the Attorney General for enforcement under the Maine Civil Rights Act. The Washington County District Attorney?s Office has criminal actions pending against the four adult defendants.

News Release, Contact: Leanne Robbin, Assistant Attorney General, (207)626-8581

Telephone Phishing Scam Reported Across Maine

August 27, 2008

Consumers across southern and central Maine are reporting that they are receiving phone messages, purportedly from Visa, that indicate the consumer has reached the limit on their credit card and they must call an eight hundred (800) number to avoid paying an overcharge penalty.

When the consumer calls the eight hundred number they get an automated recording identifying ?Visa Credit Limit Support?. They are then asked to provide their full name, credit card number and the card?s security number. Once that information is entered, the automated voice states that all representatives are busy assisting other customers and that the estimated wait time is one hour.

Visa does not contact card holders directly. Instead, correspondence with Visa card holders is initiated by the issuing bank.

?This phone call purporting to be from Visa is a scam. The most effective way to fight identity theft is to avoid becoming a victim,? Rowe said. ?The best policy is to never give out your personal identifying information over the phone, through the mail or online unless you initiate the contact.?

Phishing is a tactic used by thieves to steal personal information by deception. Common phishing schemes involve a phone call, mail or email solicitations disguised as official contacts from a financial institution (bank, credit card company, mortgage broker, etc.) They may ask you to update your personal information or confirm your account number. Once the thief has your information they can use it to make unauthorized charges, open lines of credit in your name or empty your bank account.

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NEWS RELEASE August 27, 2008 David Loughran, (207) 626-8577

Maine Leaders to Urge Obama, McCain and News Media to ?Step Up? for Kids, Focus on Plight of Most Vulnerable Mainers

September 16, 2008

WHAT: Press Conference urging political leaders and the media to focus on the issues important to Maine?s children

WHO: Attorney General Steve Rowe, Laurie LaChance of the Maine Development Foundation, Dr. Chris Stenberg of the Maine Chapter of the American Academy of Pediatrics, youth speaker Amy Princiotta together with attendant candidates and children

WHEN: Wednesday, September 17, 2008 10:00 AM

WHERE: Front Steps of the Maine State Capitol Building

On September 16th and 17th local news events will take place in every state as part of a several ?Step Up for Kids Day? activities. Maine?s event is September 17th at 10:00 AM - the same day as the popular Bug Maine-ia event at the Maine State Museum. The Museum event typically draws hundreds of kids and teachers ? a perfect backdrop for the call to action going out to candidates, the media, and individual voters to remember the value to our economy of keeping our kids safe, healthy, and engaged.

Students and teachers who choose to attend the Step Up Event as part of their day at the State House and Museum will also be able to send a message directly to presidential candidates by filling out an ?I?m voting for kids? ballot and casting a ?vote? for the presidential candidate of their choice. All ballots collected will be delivered directly to the Maine campaigns of both presidential candidates.

In 2007 the State of Maine received more than 19,000 reports of alleged abuse or neglect, more than 11% of Maine high school students thought about committing suicide, 20% of Maine children live in poverty, and Head Start does not currently have slots for nearly 70% of eligible children. Many Maine children face dire situations, yet these issues are receiving little attention from political candidates or the media in this the 2008 campaign.

The national Step Up for Kids Day kicks off at the National Press Club features: Dr. Renee R. Jenkins, president, American Academy of Pediatrics; Elizabeth J. Clark, PhD, ACSW, executive director, National Association of Social Workers; Michael R. Petit, author, ?Homeland Insecurity? and founder/president, Every Child Matters Education Fund; Dr. T. Berry Brazelton, author, pediatrician and founder, Brazelton Touchpoints Institute; and James M. Hmurovich, president and CEO, Prevent Child Abuse America.

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MEDIA ADVISORY FOR IMMEDIATE RELEASE Aymie Walshe, Kids First (207) 735-5222 David Loughran, Office of the Attorney General

Deadline Nears for Victims of JK Harris Scam to File a Complaint

September 12, 2008

The September 22, 2008 deadline for victims of JK Harris is fast approaching. JK Harris is a South Carolina company that claimed to be able to help tax payers settle their IRS debt for ?pennies on the dollar? but did not deliver on this promise.

Under the consent agreement reached in June any Maine consumer who filed a complaint with the Maine Attorney General?s Office, the Better Business Bureau or the South Carolina Department of Consumer Affairs or who files a complaint within 90 days of the settlement will be eligible for a partial refund. The $1.5 million from the settlement will be distributed on a pro rata basis to those consumers who have filed complaints. Consumers can contact the Maine Attorney General?s Consumer Protection Division toll-free at (800) 436-2131 or via email at consumer.mediation@maine.gov.

The June press release is below

Two South Carolina Companies Agree to Stop Misleading Consumers

Two South Carolina companies who purported to help people in financial trouble but were actually offering little or no benefit at all have agreed to stop misleading consumers. The North Charleston, SC companies JK Harris, a tax-relief company that did not deliver on its claim to settle IRS debts for ?pennies on the dollar?, and Financial Recovery Systems, LLC, a credit repair company that sent out bogus notices to make people think they needed credit help, have agreed to pay $1.5 million in refunds to consumer across the country.

?Not only was the behavior of these companies illegal, their tactics were deplorable.? said Rowe.

Maine and 17 other states attorneys general entered into consent judgments and assurances of voluntary compliance with the two companies. The attorneys general alleged that JK Harris did not help consumers with their tax problems as advertised and refused to give refunds when promised services were never completed. They also alleged that Financial Recovery Systems attempted to frighten consumers into signing up for credit repair services they did not need by sending them bogus notices about judgments against them. The company?s services also violated state and federal credit repair laws.

According to the attorneys general?s complaint, JK Harris regularly advertised that it had more than 450 offices nationwide. However, the attorneys general found that only the main office in North Charleston handled consumers? files. If a consumer wanted to meet with a JK Harris representative about his or her file, the consumer had to physically travel to North Charleston, more than 1100 miles from Maine. The other offices were staffed only by sales representatives who could not handle consumer inquiries.

JK Harris also said that consumers? files would be handled by ?tax experts? or ?ex-IRS agents? when in fact the people handling the cases did not have the advertised expertise. JK Harris case managers changed frequently, and consumers complained that they often had to provide the same information to the company several times.

JK Harris promised to settle debts for ?pennies on the dollar? and charged money upfront for this service without actually determining if consumers qualified for an IRS Offers in Compromise (OIC) or while knowing that consumers didn?t qualify. The IRS approves only a small percentage of OIC?s each year.

Under the terms of today?s consent judgment, JK Harris must clearly explain to consumers under what circumstances they would qualify to reach a compromise with the IRS on back taxes. JK Harris will also make several reforms to its advertising and sales practices. Financial Recovery Systems is barred from offering or performing credit repair services that don?t comply with state and federal laws. The judgment also applies to Professional Fee Financing Associates, L.L.C, a related company that provided financing for consumer contracts with JK Harris.

Since 1999 the Maine Attorney General?s office received 62 complaints about JK Harris. Any Maine consumer who filed a complaint with the Maine Attorney General?s Office, the Better Business Bureau or the South Carolina Department of Consumer Affairs or who files a complaint within the next 90 days will be eligible for a partial refund. The $1.5 million will be distributed on a pro rata basis to those consumers who have filed complaints. Consumers can contact the Maine Attorney General?s Consumer Protection Division toll-free at (800) 436-2131 or via email at consumer.mediation@maine.gov.

States who joined Maine in the judgment are Arkansas, Arizona, California, Connecticut, Florida, Illinois, Massachusetts, Michigan, Minnesota, New York, North Carolina, Ohio, Pennsylvania, South Dakota, Tennessee, Vermont, and West Virginia.

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NEWS RELEASE September 12, 2008 David Loughran, (207) 626-8577

Attorney General Rowe Calls on MillerCoors to Drop Plans to Introduce High Alcohol Content Energy Drinks

September 17, 2008

Attorney General Steve Rowe, joined by 24 other state attorneys general, today called on MillerCoors, LLC to abandon its plan to introduce a new alcoholic energy drink called Sparks Red that contains 8 percent alcohol by volume.

In a letter to MillerCoors CEO Leo Kiely, Rowe said MillerCoors? decision to introduce Sparks Red defies compelling and undeniable evidence from medical and public health professionals about the dangers of mixing alcohol with stimulants found in energy drinks.

Recent news reports alerted attorneys general to MillerCoors? intent to introduce this new product into the market. Sparks Red contains as much as 8 percent alcohol by volume, a significant increase over the alcohol content found in other alcoholic energy drinks. Attorneys general have repeatedly raised concerns about alcoholic energy drinks, particularly regarding their appeal to young drinkers and their possible adverse health effects.

The attorneys general emphasized one recent study that found that college students who mix alcohol and energy drinks engage in increased heavy episodic drinking and have twice as many episodes of weekly drunkenness. College students who reported consuming alcohol mixed with energy drinks also had significantly higher prevalence of alcohol-related consequences such as sexual assault and injury.

Attorney General Rowe said, ?Energy drinks such as Sparks Red constitute a serious health and safety risk for America?s youth,? said Attorney General Rowe. ?Caffeine gives drinkers the subjective belief that they can function normally, making it more likely that they?ll drink more alcohol and make unsafe decisions that can result in serious harm. Increasing the amount of alcohol in these products just makes it all the more likely harm will result.?

In June, Anheuser-Busch Companies, Inc, under pressure from attorneys general, agreed to discontinue its alcoholic drinks spiked with caffeine and other stimulants, including ?Tilt? and ?Bud Extra.?

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NEWS RELEASE September 17, 2008 Jessica Maurer, 207-626-8515 or jessica.maurer@maine.gov

Cumberland Farms Joins the ?NO BUTS? Program

October 7, 2008

Maine Attorney General Steve Rowe and the Partnership for a Tobacco Free Maine announced Cumberland Farms stores in Maine are joining the NO BUTS responsible tobacco retailer program. The program provides retailers with the materials they need to properly train employees to prevent underage tobacco sales, while stressing the underlying compelling health reasons for restricting sales of tobacco to teens. Participating stores can qualify for compliance credits to recognize their efforts to prevent the sale of tobacco to minors.

Attorney General Steve Rowe said, ?We welcome Cumberland Farms into the program and encourage all retailers to participate. Maine continues to be a national leader in preventing underage smoking and NO BUTS has played a large part in our efforts.?

NO BUTS, Blocking Underage Tobacco Sales was first launched in 2001 with 120 stores participating. Since that time, the number of stores using the NO BUTS program has grown, and with the addition of Cumberland Farms, 729 Maine retailers are now enrolled.

John Archard, the Tobacco Enforcement Coordinator for the Office of the Attorney General, added, ?Since 1997 high school smoking rates in Maine have declined 64%, and part of the credit for that goes to stores that follow the law and refuse to sell tobacco to minors, but we still have more than 5% of stores selling to kids and we must do better. By participating in the NO BUTS program stores will help meet that goal.?

Cumberland Farms operates 41 stores in Maine and by October 15th all will have fully implemented the program. The NO BUTS program will compliment Cumberland Farms? existing tobacco training program. Jeff Cutting, Cumberland Farms? General Manager for the Division including Maine, said ?As responsible corporate citizens, we recognize the importance of working with the state of Maine to prevent tobacco sales to minors.?

The Partnership for a Tobacco Free Maine sponsors the NO BUTS program and its Healthy Maine Partnerships (HMP) are supporting local merchants in their service areas. Since May of this year the efforts of the HMPs have resulted in 50 independent stores joining the NO BUTS program.

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NEWS RELEASE October 7, 2008 John Archard, Tobacco Enforcement Coordinator (207) 626-8837

Attorney General Announces Landmark Settlement with Eli Lilly

October 7, 2008

Today Attorney General Steve Rowe, along with 32 other state attorneys general, reached a record $62 million dollar settlement with Eli Lilly and Company arising from alleged improper marketing of the antipsychotic drug Zyprexa. It is the largest ever multi-state consumer protection-based pharmaceutical settlement, following closely on the heels of the May 2008, $58 million agreement with Merck regarding its product Vioxx. Maine?s share of today?s settlement will be $1,020,609.

In a complaint filed today along with the settlement agreement, Rowe alleged that Eli Lilly engaged in unfair and deceptive practices when it marketed Zyprexa for off-label uses and for failing to adequately disclose the drug?s potential side effects to health care providers. Following a year and a half long investigation, Eli Lilly agreed to change how it markets Zyprexa and to cease promoting its ?off-label? uses, which are not approved by the U.S. Food and Drug Administration (FDA).

?Eli Lilly engaged in a marketing practice that put the lives of Maine consumers at risk,? Rowe said. ?This settlement should send a message to prescription drug companies that the states will not tolerate those who put profits above the health and safety of consumers.?

Zyprexa is the brand name for the prescription drug olanzapine. The drug was first marketed for use in adults with schizophrenia in 1996. Since then, the Food and Drug Administration (?FDA?) has approved Zyprexa for the treatment of acute mixed or manic episodes of bipolar I disorder and for maintenance treatment of bipolar disorder. Zyprexa belongs to a class of drugs traditionally used to treat schizophrenia and commonly referred to as ?atypical antipsychotics.? When these drugs were first introduced to the market in the 1990s, experts thought that atypical antipsychotics would be less likely to produce symptoms similar to those seen in Parkinson?s disease (extrapyramidal symptoms), and motion disorders (tardive dyskinesia), and therefore could be used in long-term treatment of schizophrenia. While these drugs may reduce the risk of these symptoms associated with first-generation antipsychotics, they also produce dangerous side effects, including weight gain, hyperglycemia, diabetes, cardiovascular complications, an increased risk of mortality in elderly patients with dementia and other severe conditions. Zyprexa has been associated with a high risk of weight gain, hyperglycemia, and diabetes.

In 2001, Eli Lilly began an aggressive marketing campaign called ?Viva Zyprexa!? As part of that campaign, the company marketed Zyprexa for a number of off-label uses. For example, it marketed Zyprexa for pediatric use, for use at high dosage levels, for the treatment of symptoms rather than diagnosed conditions, and in the elderly for the treatment and/or chemical restraint of patients suffering from dementia. While a physician is allowed to prescribe drugs for off-label uses, law prohibits pharmaceutical manufacturers from marketing their products for off-label uses.

The settlement mandates that for a six year time period extending beyond the patent term for Zyprexa, Eli Lilly shall:

Promotional Activities ? Not make any false, misleading or deceptive claims regarding Zyprexa; ? Not promote Zyprexa using selected symptoms of the FDA-approved diagnoses unless certain disclosures are made regarding the approved diagnoses;

Dissemination of Medical Information ? Require its medical staff, rather than its marketing staff, to have ultimate responsibility for developing and approving the medical content for all medical letters and medical references regarding Zyprexa, including those that may describe off-label information. This information shall not be distributed unless certain criteria are met; ? Provide specific, accurate, objective and scientifically balanced responses to unsolicited requests for off-label information from a health care provider regarding Zyprexa; ? Require its medical staff to be responsible for the identification, selection, approval and dissemination of article reprints containing more than an incidental reference to off-label information regarding Zyprexa, and that such information not be referred to or used in a promotional manner;

Continuing Medical Education (CME) and Grants ? Disclose information about grants, including continued medical education on its Web site (www.lillygrantoffice.com), for at least two years and maintain the information for five years; ? Not use grants to promote Zyprexa, or condition CME funding on Eli Lilly?s approval of speakers or program content; ? Contractually require continuing medical education providers to disclose Eli Lilly?s financial support of their programs and any financial relationship with faculty and speakers;

Payments to Consultants and Speakers ? Provide each signatory Attorney General a list of health care provider promotional speakers and consultants who were paid more than $100 for promotional speaking and/or consulting by Eli Lilly;

Product Samples ? Only provide product samples of Zyprexa to a health care provider whose clinical practice is consistent with the product?s current labeling; and

Clinical Research ? Register clinical trials and submit results as required by federal law; register Zyprexa Eli-Lilly sponsored Phase II, III and IV clinical trials beginning after July 1, 2005; and post on a publicly accessible Web site all Eli-Lilly sponsored Phase II, III and IV clinical trials completed after July 1, 2004.

Rowe added, ?The conditions of this agreement are an important part of the enforcement action against Eli Lilly. Drug companies must recognize that the responsibility they have to shareholders does not supersede their responsibility to their customers.?

Maine joined Arizona, Alabama, California, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Maryland, Massachusetts, Michigan, Missouri, Nebraska, Nevada, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, and Wisconsin.

Assistant Attorney General Christina Moylan of the Attorney General?s Consumer Protection Division handled the case for the state of Maine. The agreement was filed in Kennebec County Superior Court.

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NEWS RELEASE October 7, 2008 David Loughran, (207) 626-8577

Shell Agrees to Measures to Curb Illegal Tobacco Sales

October 8, 2008

Attorney General Steve Rowe today announced that he has joined the attorneys general of 46 other jurisdictions (45 states and the District of Columbia) in an agreement with Shell Oil Products US and its joint venture Motiva Enterprises LLC. to adopt procedures to reduce cigarette sales to minors. Shell and Motiva supply gasoline through approximately 14,000 gas stations in the U.S., more than 13,000 of which are in states joining this agreement. Many of these gas stations include independently operated convenience stores that sell items including tobacco products. In Maine, there are 45 Shell gas stations.

The Shell “Assurance of Voluntary Compliance” (AVC) was produced by an ongoing, multi-state enforcement effort among the Attorneys General, and incorporates "best practices" developed by the Attorneys General in consultation with public health researchers and state and federal tobacco control officials. This AVC includes provisions for comprehensive training of retail personnel regarding laws prohibiting tobacco sales to minors, independent compliance checks to monitor sales practices at certain Shell stations, and potential sanctions against contract operators that sell tobacco to minors, among other terms. Many of Maine’s Shell gas stations currently participate in the NO BUTS responsible tobacco retailing program co-sponsored by the Office of the Attorney General and Maine CDC. This AVC reinforces the best practices included in the NO BUTS program.

“With this agreement, Shell joins many other Maine retailers in the effort to stop the sale of cigarettes to teens.” Rowe said. “By complying with the law and restricting teen’s access to cigarettes, gas stations and convenience stores can help further reduce the rate of teen smoking.” Since 1997 the youth smoking rate in Maine has declined by 64%

Nationwide, 47 percent of underage youths who reported buying cigarettes have said they did so at gas station convenience stores.

Other recent multi-state agreements cover gas station convenience stores selling fuel under the Conoco, Phillips 66 or 76, Exxon, Mobil, BP, Amoco, ARCO and Chevron brand names, and retail and pharmacy chains Kroger, 7-Eleven, Walgreens, Rite Aid, CVS, and Wal-Mart.

Studies show that most adult smokers began smoking before the age of 18, and that young people are particularly susceptible to the hazards of tobacco, often showing signs of addiction after smoking only a few cigarettes.

“I applaud Shell for joining the fight against youth smoking and encourage the retailers who continue to illegally sell tobacco to minors to follow their lead,” Rowe added.

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NEWS RELEASE October 8, 2008 David Loughran, (207) 626-8577

East Waterboro Woman Gets 90 Days In Jail for Welfare Fraud

October 15, 2008

Attorney General Steve Rowe announced that the Superior Court has imposed a two year sentence on April Archer, for her theft of welfare benefits by deception. Archer, 41 years old, of East Waterboro, Maine, was sentenced on Friday, October 10, 2008, in Superior Court in Alfred to two years incarceration with all but 90 days suspended, one year probation, and payment of restitution.

?With a national recession looming, need based programs such as TANF and food stamps are essential to many Maine families who are struggling in difficult economic times,? Rowe said. ?Dishonest applicants who seek to defraud public benefit programs are stealing from both taxpayers, who financially support the system, and honest recipients, who rely on the support the programs provide.?

Archer obtained the benefits from the Department of Health and Human Services by concealing the fact that she was employed and earning income. As a result of that fraud, she received $2,878.00 in Temporary Aid to Needy Families (?TANF?) and Food Stamp benefits for which she was not eligible. Archer?s fraud occurred between January and July of 2006 and was discovered when DHHS personnel crosschecked the information provided to the agency by Archer with information gathered by the Maine Department of Labor. The Fraud Investigation and Recovery Unit of DHHS investigated this case and referred it to the Attorney General?s Office for criminal prosecution.

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NEWS RELEASE October 15, 2008 David Loughran, (207) 626-8577

Another Drug Company Settles With Maine

October 21, 2008

Today, Attorney General Steve Rowe announced the filing of a stipulated judgment with Pfizer Inc. resolving a five-year investigation by 33 states attorneys general concerning the company?s deceptive promotion of the ?Cox-2? drugs Celebrex? and Bextra?. The State of Maine will receive approximately $630,000 from the $60 million payment made by Pfizer to the participating states. The agreement, filed in Kennebec County Superior Court, will also curb Pfizer?s ability to deceptively promote all of its products.

?This judgment represents the latest victory for Maine people against pharmaceutical companies that market their drugs for use in an unsafe manner. The broad restrictions on Pfizer?s marketing practices should go a long way to protect the health and safety of Maine people,? Rowe said.

The multistate investigation was initiated in 2003 to determine whether Pfizer and another drug company Pharmacia, subsequently purchased by Pfizer, misrepresented that their jointly sold Cox-2 drug Celebrex was safer and more effective than traditional non-steroidal antinflamatory drugs (NSAIDS) such as Ibuprofen (Advil?) and naproxen (Aleve?). Cox-2 drugs selectively block an enzyme that impedes the production of certain chemicals that cause pain and swelling. As the investigation proceeded, additional concerns were raised regarding Pfizer?s second generation Cox-2 drug Bextra. Ultimately, the investigation concluded that Pfizer engaged in an aggressive, deceptive and unlawful campaign to promote Bextra ?off label? for uses that had been expressly rejected by the Food and Drug Administration (FDA). ?Off-label? uses are uses that are not approved by the FDA. While a physician is allowed to prescribe drugs for off-label uses, law prohibits pharmaceutical manufacturers from marketing their products for off-label uses.

Cheap, generically available NSAIDS have been used for many years to treat pain and inflammation; however, NSAIDS have the potential to cause serious gastro intestinal (GI) side effects such as bleeds and perforations. The Cox-2 drugs Celebrex, Vioxx and Bextra were designed to reduce pain and inflammation without the negative GI side effects of traditional NSAIDS. Although significantly more expensive than traditional NSAIDS, Cox-2 drugs have not been shown to be more effective relieving pain than traditional NSAIDS and neither Celebrex nor Bextra were ever proven to significantly reduce serious GI adverse events compared to traditional NSAIDS. Moreover, there are significant concerns that all three Cox-2 drugs increase the risk of serious cardiovascular adverse events such as heart attacks and strokes. Bextra also carries a risk of a serious and sometimes fatal skin condition. In 2004, due to safety concerns, Bextra and Vioxx were withdrawn from the market and the FDA required a ?black box? safety warning for Celebrex.

In its Complaint, the state alleges that despite the fact that significant safety concerns led the FDA to reject a request to market high dose Bextra for acute and surgical pain, Pfizer conducted a systematic, multi-pronged ?off-label? promotional campaign for these very indications the FDA denied by:

? Distributing hundreds of thousands of copies of a positive study from the denied application, as well as other positive studies relating to use of high dose Bextra, without distributing or disclosing the negative study that was the basis for the FDA?s rejection, or disclosing that the FDA had expressly rejected approving Bextra for acute and surgical pain. ? Co-opting influential doctors with paid consultancies and lavish weekends at high end resorts. ? Distributing hundreds of thousands of samples of high dose Bextra to specialists whose only possible use for high dose Bextra was off-label. ? Providing prizes and otherwise encouraging sales representatives to promote Bextra off-label. ? Using supposedly non-promotional Continuing Medical Education to promote Bextra off-label. ? Using imagery and language in advertisements that implicitly promoted Bextra off-label. ? Misrepresenting Bextra?s safety.

The State alleges these efforts continued even after Pfizer completed a study that confirmed the FDA?s reason for rejecting the acute and surgical pain indications for Bextra. This study ultimately contributed to FDA?s decision to withdraw Bextra from the marketplace, even at the low doses that had been previously approved.

Today?s Judgment contains injunctive terms addressing all concerns raised during the investigation regarding both Celebrex and Bextra. Included in the Judgment are terms that will help prevent:

? Deceptive use of scientific data when marketing to doctors. ? ?Ghost writing? of articles and studies. ? Failing to adequately disclose conflicts of interest for Pfizer promotional speakers when these consultants also speak at supposedly independent Continuing Medical Education. ? Distributing samples with the intent to encourage off-label prescribing.
? Distributing information about an off-label use when FDA has rejected the off-label use unless Pfizer clearly discloses that FDA rejected the use and FDA?s reason for rejecting. ? Distributing off-label studies and articles in a promotional manner. ? Providing incentives to sales staff to increase off-label prescribing. ? Promoting drugs off label for inclusion in hospital standing orders and protocols. ? Using ?mentorships? to pay physicians for time spent with Pfizer sales reps. ? Using grants to encourage use of Pfizer products. ? Using sales personnel to make grant decisions that are supposedly unrelated to promotion and marketing. ? Using patient testimonials to misrepresent a drug?s efficacy.

In addition, the judgment requires Pfizer to submit all ?direct-to-consumer? (DTC) television drug advertisements to the Food and Drug Administration (FDA) for approval and comply with any FDA comments before running the advertisement. If FDA does not respond within 45 days, Pfizer may run the advertisement but must still comply with any subsequent FDA comments regarding the advertisement and must notify the state that it is running the advertisement without FDA authorization. For any new drug for pain relief, Pfizer must delay direct-to-consumer advertising for up to 18 months should FDA recommend such a delay. Finally, the judgment generally prohibits Pfizer from deceptive and misleading advertising and promotion of any Pfizer drug, requires Pfizer to register all clinical trials, post clinical trial results, and ensure that subjects in Pfizer sponsored clinical trials give adequate informed consent.

Joining Maine in today?s agreement are: Alaska, Arizona, Arkansas, California, Connecticut, Florida, District of Columbia, Idaho, Illinois, Iowa, Kansas, Maryland, Massachusetts, Michigan, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, and Wisconsin.

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NEWS RELEASE October 21, 2008 David Loughran, (207) 626-8577

Attorney General Finds Trooper?s Use of Deadly Force in Albion Legally Justified

November 3, 2008

Attorney General Steven Rowe announced today that a State Police officer, Trooper Derrick Record, was legally justified when, while acting in the performance of his public duty, he shot and killed Johnathan T. Sullivan, age 34, the night of August 4, 2008, outside Sullivan?s home on Main Street in Albion.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Trooper Record in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while engaged in the performance of the officer?s public duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of others, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat. Maine law defines deadly force as physical force that a person uses with the intent of causing, or which the person knows to create a substantial risk of causing, death or serious bodily injury. With respect to a firearm, intentionally or recklessly discharging a firearm in the direction of another person or at a moving vehicle is deadly force under Maine law.

Attorney General Rowe determined that, based on the investigation and legal analysis conducted by his office, Trooper Record actually and reasonably believed that unlawful deadly force was being imminently threatened against him by Mr. Sullivan, and that others in the immediate vicinity were imminently threatened with death or serious bodily injury by the actions of Mr. Sullivan. Further, based on the investigation and legal analysis, Attorney General Rowe determined that Trooper Record actually and reasonably believed that deadly force on his part was necessary to protect himself and to counter the imminent threat against others.

The Attorney General reported the following findings from his office's investigation:

On August 4, 2008, at about 8:15 p.m., a resident of Main Street in Albion called 911 to report a domestic disturbance at a nearby residence on Main Street. The caller said that a woman had been assaulted by her husband and the husband had fired a gun in or near the couple?s residence. The caller reported that the woman and two children were presently in another residence across the street, and the husband, believed to be armed, had gone behind the couple?s house.

State Police Trooper Derrick Record was on patrol, in uniform and driving a marked cruiser, in Winslow when he overheard radio traffic of a Kennebec County deputy sheriff asking if there was a trooper available to assist with the call in Albion. Tr. Record arrived on Main Street in Albion about nine minutes after receiving the call. He encountered several local firefighters and sought assistance from them in closing the street. Tr. Record walked to an area on Main Street pointed out to him by firefighters. He noticed several residents outside their homes and instructed them to go inside because of the report of shots being fired. Tr. Record encountered a man carrying a shotgun. Tr. Record ordered the man to relinquish the shotgun. The man complied and informed Tr. Record that he was the person who called 911 to report the incident, and that he had armed himself to protect his family and the woman and children who had sought refuge with another tenant in his apartment building. He told Tr. Record that the woman had been assaulted by her husband, and that the husband, later determined to be Johnathan Sullivan, was armed with what he thought was a handgun. He said that Mr. Sullivan had disappeared behind the Sullivan house across the street. The man, stating that he had heard a gunshot from that direction, suggested that Mr. Sullivan may have committed suicide.

Tr. Record took a position near the man?s house next to a pickup truck, which was parked close to Main Street and directly across the street from the Sullivan residence. The man that Tr. Record initially encountered with a shotgun remained nearby. Identifying himself as a State Police officer, Tr. Record called Mr. Sullivan by name, instructing him several times to come out and put his gun down. Tr. Record also requested that a dispatcher attempt to contact Mr. Sullivan at his residence by phone. This attempt was unsuccessful. Shortly thereafter, Tr. Record observed a person armed with a shotgun appear ?out of the shadows? in a driveway next to the Sullivan residence. The distance between Tr. Record and Mr. Sullivan at that point was approximately 85 feet.

Tr. Record continued to identify himself as a State Police officer and ordered Mr. Sullivan several times to disarm. Sullivan spoke incoherently; it was Tr. Record?s impression that he was intoxicated. Tr. Record then observed Mr. Sullivan lower the barrel of his shotgun and start walking directly toward Tr. Record. Mr. Sullivan ignored several repeated commands from Tr. Record to ?drop the gun? and, as Mr. Sullivan was bringing the barrel of the shotgun upward so that it was pointed at Tr. Record, Tr. Record fired three rounds from his rifle at Mr. Sullivan. Struck by the rounds, Mr. Sullivan fell to the ground. About seven minutes had elapsed from the time Tr. Record arrived on the scene. Tr. Record rendered first aid until relieved by emergency medical personnel. Mr. Sullivan died shortly after.

The investigation that followed determined that Mr. Sullivan was armed with a .12 gauge shotgun with a pistol grip, allowing for one-handed use of the firearm. The safety mechanism was in the off position making the weapon ready to fire. One live slug was found chambered and two live birdshot cartridges in the magazine. The weapon fired by Tr. Record was a .223 caliber rifle. A post-mortem examination by the Office of the Chief Medical Examiner revealed that Mr. Sullivan was struck by three rounds and died as a result of the gunshot wounds. Toxicology tests determined the presence of marijuana and a blood alcohol level of .24%.

Detectives from the Attorney General?s Office and the State Police, as well as forensic specialists from the State Police, conducted the investigation at the scene. The State Police cooperated fully with the investigation by the Attorney General?s Office, and conducted its own review of the incident.

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NEWS RELEASE November 3, 2008 David Loughran, (207) 626-8577

Maine and 42 Other States Announce Agreement with Craigslist to Crack Down on Illegal Content

November 6, 2008

Attorney General Steve Rowe today announced that he and 42 other states have reached an agreement with Craigslist under which the online classified ad website will take action to deter and crack down on inappropriate content and illegal activity in its erotic services section. Joining the states and Craigslist in this agreement is the National Center for Missing and Exploited Children (NCMEC).

Under the agreement, Craigslist will require that posters of erotic services ads give a working phone number and pay a fee with a valid credit card. The site will provide the resulting information in response to law enforcement subpoenas. All proceeds from erotic services ads will be donated to charity.

Attorney General Rowe said. ?By placing barriers to anonymous posting and creating trails of information for law enforcement to pursue, this agreement will help curb sexual trafficking of children.?

The fee and phone requirements should significantly reduce the number of erotic services posts for illegal activity and provide law enforcement with a road map to prosecute violations of law.

Craigslist has also committed to sue 14 software and Internet companies that for a fee help erotic service ad posters circumvent the website?s defenses against inappropriate content and illegal activity. The site will provide the attorneys general with information about those businesses for possible civil and criminal prosecution.

In addition, Craigslist will deploy search technology that it developed to assist the National Center for Missing and Exploited Children and law enforcement agencies in identifying missing persons, children and victims of human trafficking. It will also explore technology to block inappropriate image uploads and better filter for code words and euphemisms for illegal activity.

"The criminals engaged in the sexual trafficking of children no longer parade them on the streets of America's cities. Today, they market them via the Internet, enabling customers to shop for a child from the privacy of their own homes or hotel rooms,? said Ernie Allen, President and Chief Executive Officer of NCMEC.

Other steps by Craigslist to crack down on erotic services ad content include:

? Attach ?tags? to the erotic services section that assist parental screening software; ? Employ ?digital tagging? to identity and eliminate inappropriate content. Users flag ads that violate Craigslist?s terms of service, which include prohibitions on pornography and criminal activity. Ads that reach a certain threshold of ?flags? will be automatically eliminated. ? Meet on a regular basis with the attorneys general to discuss additional ways to fight inappropriate content and making the site safer.


November 6, 2008 Jessica Maurer (207) 626-8515

Use of Deadly Force by South Portland Police Officers Legally Justified

November 17, 2008

District Attorneys Evert Fowle and Geoffrey Rushlau announced today that two South Portland police officers, Benjamin Macisso and John Sutton, were legally justified when they used deadly force against Michael S. Norton, 29, during the early morning of August 25, 2008, outside Norton?s residence on Main Street in South Portland. Norton died as the result of a single gunshot wound.

The Attorney General's investigation and the evaluation by District Attorneys Rushlau and Fowle focused on the issue of whether the use of deadly force by the officers in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer?s public duty. Attorney General Rowe requested the assistance of Fowle and Rushlau in the legal review of this matter because Officer John Sutton is the spouse of an employee of the Attorney General?s Office.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat of unlawful deadly force.

District Attorneys Rushlau and Fowle determined, based on the investigation conducted by detectives from the Office of the Attorney General and overseen by Lt. Gary Wright of the State Police and the application of controlling Maine law, that Officers Macisso and Sutton actually and reasonably believed that unlawful deadly force was being imminently threatened against two other officers by Michael Norton, and that Macisso and Sutton also actually and reasonably believed that the use of deadly force on their part was necessary to protect the other officers. Therefore, both requirements of the law having been met, the use of deadly force by Officers Macisso and Sutton was legally justified.

The investigation revealed the following:

At 1:53 A.M. on August 25, 2008, Michael Norton presented himself outside the rear door of his home at 745 Main Street in South Portland. Present outside the home were a number of South Portland police officers, some of whom had negotiated with Norton for more than three hours while he was in his residence. Norton was armed with two knives, one in each hand. He held a knife with an eight-inch blade in his left hand, and a knife with a two-and-a-half inch blade in his right hand. Norton, who was highly agitated, challenged the officers in the immediate vicinity to shoot him. Various officers issued repeated commands for Norton to relinquish the knives.

Norton had taken up a position in the paved driveway at the rear portion of his residence where there were three parked motor vehicles. The area was illuminated by the headlights of a parked police cruiser and the flashlights of individual officers. A number of officers were situated in the tree line that abuts the northern boundary of 745 Main Street at the edge of the driveway and parking area. Two of those officers were Benjamin Macisso and John Sutton. Two other officers, Scott Corbett and Patricia Maynard, were located in the parking area. When Norton presented himself at the rear of the house in this parking area, Corbett and Maynard were facing Norton at a close distance.

Officer Macisso was armed with a .223 caliber rifle. Officer Sutton was armed with a .12 gauge pump shotgun loaded with less lethal beanbag rounds. Upon notice of the first sighting of Norton at the rear door of the residence, Officer Macisso, already situated in the tree line along the northern side of the parking area, was joined in the same area by Officer Sutton and Lt. Todd Bernard. Closest to Norton at the point that Norton came out of the residence and verbally challenged the officers to shoot him was Officer Corbett, who was positioned at the rear of one of the three vehicles in the parking lot. Officer Maynard was to the left and rear of Corbett.

Norton, along with verbally challenging the officers to shoot him, made circular gestures about his chest using one hand. He retreated under a deck attached to the residence, but moments later returned to the open and advanced a number of feet in the direction of Corbett. Norton repeated this motion a second time while officers continued to command him to disarm himself of the knives. On the second occasion, Norton moved out from under the deck and advanced ?five or so feet.? He was looking in the direction of Officer Maynard, but then focused on Officer Corbett. In response, Corbett aimed the beam of his weapon-mounted flashlight into Norton?s face. As Norton walked closer to Corbett, Corbett sighted his rifle on Norton. Corbett believed that Norton was now within 15 feet of him; Corbett stepped back and prepared to use deadly force against Norton.

Officer Macisso, from his position in the tree line next to the parking area, observed Norton?s steady pace in the direction of Officer Corbett. At a point where Officer Macisso believed that Norton was about 15 feet from Corbett and still advancing, he aimed his rifle at Norton, and fired one round. At the same time, Officer Sutton, armed with a shotgun loaded with less lethal rounds, observed Norton advancing on Officers Corbett and Maynard. Sutton believed that Norton was ?10 to 15 feet? from Corbett and ?20 feet? from Maynard. Officer Sutton fired one beanbag round at Norton. It was later determined that Officers Macisso and Sutton fired simultaneously; most officers at the scene reported hearing only a single report of a firearm. Both Officers Macisso and Sutton believed that Norton was about to use deadly force against other officers. Officer Sutton expressed surprise to investigators that deadly force had not already been used before he discharged his weapon.

In addition to interviews of all the officers at the scene and a thorough investigation of the shooting scene, a news video made at the time of the confrontation with Norton was extensively reviewed by investigators. The interactions depicted on the video between Norton and the officers were consistent with the accounts provided by the officers and the findings of the ensuing investigation. The Office of the Chief Medical Examiner determined that Norton died as a result of the single gunshot wound inflicted by Officer Macisso. There was no evidence that the beanbag round discharged by Officer Sutton actually struck Norton.

Detectives from the Office of the Attorney General went to the scene of the shooting in South Portland to conduct the investigation. They were assisted by the South Portland Police Department and later, the Office of the Chief Medical Examiner and the Maine State Police Crime Laboratory. The South Portland Police Department cooperated fully with the investigation and conducted its own internal departmental review of the incident.

Events and Circumstances Leading to the Death of Michael S. Norton

On August 22, 2008, shortly after 6 p.m., the South Portland Police Department received a call from a psychiatrist who had been treating Michael Norton. The psychiatrist reported that in his opinion Norton was a threat to himself. He said Norton had attempted to purchase a shotgun. Based on his diagnosis and other information, the psychiatrist requested that Norton be taken into protective custody as preliminary to Norton?s commitment to a psychiatric facility for evaluation and treatment.

As a result of the report by the psychiatrist, South Portland police officers attempted but failed to make contact with Norton at his residence. Approximately three hours after the call from the psychiatrist, a woman who identified herself as Norton?s employer called the South Portland Police Department, expressed knowledge of the earlier report to the police by the psychiatrist, and reported her personal knowledge that Norton was in fact in his home at 745 Main Street but would not answer the door for officers. The woman expressed serious concern for Norton?s wellbeing. By 10:35 p.m., the police officers who had responded to these calls terminated their efforts to interact with an uncooperative Norton after concluding that they had not met the legal requirements for taking Norton into protective custody against his will.

The next morning, August 23, 2008, at 11:36 a.m., a nurse who had interacted with Norton via telephone called the South Portland Police Department. She reported that she had spoken with Norton that morning, and learned from him that he had attempted to commit suicide on August 22. She had similar concerns at the time of her call to the police. As a result of this report, approximately two hours later, Norton was transported by a South Portland police officer from his residence in South Portland to the Maine Medical Center for psychiatric evaluation. A short time later, he was transferred to Southern Maine Medical Center in Biddeford. On August 24, 2008, at 9:21 p.m., Michael Norton?s father called the South Portland Police Department. The police learned for the first time that Norton had signed himself out of the hospital and was at his residence on Main Street in South Portland. As a result of this information, the police also formed a basis to believe that Norton was imminently contemplating suicide.

On duty officers in South Portland were alerted to this call and initial telephone contact was made between a police dispatcher and Michael Norton. Norton denied suicidal ideations. He refused, however, a request from the dispatcher that he step outside his residence and meet with officers so that they could engage him in conversation. Over the next three hours, the interactions between the South Portland police and Norton deteriorated. It was learned that Norton was in the company of a female companion in his residence, and at least initial indications that the companion was not being permitted by Norton to leave the residence.

In the hours subsequent to the call to the South Portland police by Norton?s father, the police learned that Norton had consumed alcohol and prescription drugs, and was armed with a knife. Norton?s employer again called the South Portland police about an hour after the father?s call. She reported that she had just spoken to Norton and stated ?this man should not be out on the street, why they let him out is beyond me.? She also reported that Norton had moments earlier stated he planned to go outside his residence to confront the police with ?something in his hands so that they?ll shoot him on the steps.? About two hours later (12:20 a.m., August 25), Norton?s father reported similar representations by his son when he had spoken by telephone with his son shortly before midnight.

In the meantime, Norton had refused requests of the police to speak with the female companion in the residence. He had also refused a request by police to allow the companion to leave the residence. However, at 1:38 a.m. (August 25) the companion did leave the Norton residence. Officers learned from her that Norton was armed with a knife, had expressed suicidal ideations, and had inflicted small lacerations to his neck. After the female companion left the residence, Norton told a South Portland police negotiator that he was all done and was going to charge at the police officers outside his residence with a knife. Norton hung up and did not answer further attempts by the police to contact him. Fifteen minutes later, Norton appeared outside the rear of the residence armed with a knife in each hand, challenged the police to shoot him, and advanced within feet of Officers Corbett and Maynard. In less than a minute of his appearance outside the residence, Norton was shot and killed.

  1. The investigation disclosed that Michael Norton attempted on August 22, 2008, to purchase a .12 gauge shotgun at a retail outlet in Scarborough. The sale was thwarted at the time by a delay in the computerized system that checks persons wishing to purchase firearms for information that would disqualify them from making a purchase. The investigation disclosed, however, that the retail outlet had later received authorization for the sale of the shotgun to Norton and had planned on notifying Norton of that fact on August 25.

  2. If a law enforcement officer has reasonable grounds to believe, based upon probable cause, that a person may be mentally ill and that due to that condition the person presents a threat of imminent and substantial physical harm to that person or to other persons, the law enforcement officer may take the person into protective custody. When, in formulating probable cause, the law enforcement officer relies upon information provided by a third party informant, the officer shall confirm that the informant has reason to believe, based upon the informant's recent personal observations of or conversations with a person, that the person may be mentally ill and that due to that condition the person presents a threat of imminent and substantial physical harm to that person or to other persons. See 34-B M.R.S.A. ? 3862.

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NEWS RELEASE November, 17 2008 David Loughran, (207) 626-8577

Attorney General and Maine Public Health Director Warn Consumers about Health Risks Associated with Buying Stolen Retail Merchandise

November 24, 2008

As the economy worsens, Mainers are tightening their belts and looking for the best deals they can get on all of their purchases. However, state officials warn consumers that some ?good deals? they may find through online auction sites may come at a serious cost to their health.

Attorney General Steve Rowe and Public Health Director Dr. Dora Anne Mills teamed up today to warn consumers about a type of retail crime that can lead to public health risks. Organized retail crime involves the organized theft of retail merchandise that is resold to consumers through online auction sites and through other outlets, like local flea markets.

These organized crime rings target over-the-counter pharmaceuticals, baby formula, tobacco cessation products, pregnancy strips, diabetic test strips, cosmetics and similar types of personal care items. These items are brought to warehouses where they are stored in unsanitary conditions with unregulated temperatures. Several of these operations actively change dates on expired products or change labels on cheaper products to make them appear like more expensive products.

?We have serious concerns that consumers are unwittingly buying tainted and unsafe stolen products through online transactions,? said Attorney General Rowe. ?Consumers are looking for ways to save money, but they should remember that a good deal through an online auction site won?t be a good deal if the product is spoiled, expired or defective. I urge consumers to consider whether they would buy the same product from an unlicensed street vendor before completing the transaction.?

Dr. Mills warned that there is a reason why baby formula is being sold on online auction sites at 60% of retail value. ?Maybe it?s because a parent no longer needs the product, but maybe it?s because the product has been stolen and not properly maintained. Some of these transactions may be perfectly safe, but the worst case scenario is a mother feeding her baby tainted infant formula or a person with diabetes becoming ill because the test strips he?s using are no longer working properly.?

Mills also warned of dangerous viruses that are transmitted by infected rodents. She explained that much of the stolen merchandise is stored in warehouses and garages where there is no rodent control. If the external packaging of products is exposed to rodent feces and urine, the packaging can transmit disease and cause illness. The National Retail Federation estimates that as much as 40% of the items sold online through auction sites could be stolen goods from retail locations. Retailers large and small lose over $30 billion annual to theft which leads to higher prices for all consumers. Money earned through these theft rings is often used to fund other criminal activity, like the production of illicit drugs.

?All Mainers are feeling the effects of higher heating costs and an uncertain economy. Although the temptation is there to try to seek out good deals on everyday products to save a few bucks, we want to encourage Mainers to make sure they know who they are doing business with so they can have faith in the products they are buying,? stated Curtis Picard, Executive Director of the Maine Merchants Association.

Picard emphasized that there is no risk of a product being stolen when buying products online from a storefront or catalogue business. The risk comes when purchasing consumer items through online auction sites.

In October of 2008, Attorney General Steve Rowe formed the Attorney General?s Organized Retail Crime Task Force to address the issue in Maine. The Task Force is comprised of 14 individuals representing retailers, law enforcement, prosecutors and public health officials throughout Maine.

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NEWS RELEASE November 24, 2008 Jessica Maurer, Special Assistant Attorney General, 207-626-8515 or jessica.maurer@maine.gov John Martins, DHHS Director of Communications, 207-287-5012 or john.a.martins@maine.gov Curtis Picard, Maine Merchants Association, 207-623-1149 or curtis@mainemerchants.org

AG Rowe Announces MillerCoors to Stop Brewing All Alcoholic Energy Drinks

December 18, 2008

FOR IMMEDIATE RELEASE

Contact: Jessica Maurer, Special Assistant Attorney General, 207-626-8515 or jessica.maurer@maine.gov

Today Maine Attorney General Rowe and Attorneys from 13 other jurisdictions[1] announced a settlement with MillerCoors LLC that will result in the nationwide discontinuance of the best-selling pre-mixed alcoholic energy drink in the country, Sparks. As part of the agreement, MillerCoors agrees not to produce any caffeinated alcohol beverages in the future. Attorney General Rowe commends MillerCoors for its decision to take these dangerous products off the market.

In early 2008, published research about the dangers of alcoholic energy drinks and concerns about the way the products were being marketed, led Maine to initiate an investigation into the safety and marketing of MillerCoors Sparks brand products, which include Sparks Original, Sparks Light, Sparks Plus and an unreleased higher alcohol product called Sparks Red.

Maine issued a civil investigative demand to MillerCoors in early January pursuant to Maine?s consumer protection and trade practices statutes. The investigation alleged, among other things, that MillerCoors made false and misleading health-related statements about the energizing effects of Sparks and illegally marketed the products to underage youth.

Attorney General Rowe, the out-going Co-Chair of the National Association of Attorneys General Youth Access to Alcohol Committee, said, ?I am gravely concerned about pre-mixed alcoholic energy drinks. These amped-up-alcopops that look like non-alcohol energy drinks are popular with young people who wrongly believe that the caffeine will counteract the intoxicating effects of the alcohol. These beliefs are fueled by unconscionable and aggressive marketing campaigns that target our youth and promise endless nights of fun and enhanced abilities.?

In addition to providing that MillerCoors will eliminate caffeine and other stimulants from its Sparks brand products, the settlement announced today addresses concerns about the marketing of Sparks. MillerCoors has agreed to stop using images in its marketing that imply energy or power, like the battery-themed +/- symbols on the can. MillerCoors has also agreed to cease particular marketing themes that appeal to underage youth, eliminating advertisements that feature a bright orange-stained tongue and not renewing its contract with William Ocean, an air guitar champion who does a back flip onto an opened can of Sparks at all of his shows. MillerCoors will also immediately discontinue the Sparks website, which looks like it was created by a college freshman.

?I am disturbed that MillerCoors was using images and themes that are popular to young people to convey the message that Sparks could ?power? their nights,? said Attorney General Rowe. ?This agreement is a huge win for the health and safety of our nation?s young people.?

While MillerCoors denied claims made by the investigating jurisdictions, it cooperated with the investigation and decided to reformulate Sparks brand products without caffeine or other stimulants. MillerCoors also agrees not to produce any other caffeinated alcohol beverages in the future.

Young people aren?t drinking just one or two of these alcoholic energy drinks ? these products are intended to be consumed several times throughout a night of partying and to be used as a mixer for other alcoholic beverages. A recently published study by Dr. Mary Claire O?Brien of Wake Forest University found that college students who mix alcohol and energy drinks engage in increased heavy episodic drinking and have twice as many episodes of weekly drunkenness. College students who reported consuming alcohol mixed with energy drinks also had significantly higher prevalence of alcohol-related consequences, like sexual assault and injury.

?Alcohol mixed with high amounts of caffeine is a recipe for disaster, particularly in the hands of young people,? said Attorney General Rowe. ?Caffeine gives drinkers the subjective belief that they can function normally. This means they?re more likely to make unsafe decisions which can result in serious harm. We must send a strong message to our young people that mixing caffeine and alcohol is not safe.?

In June, Attorneys General announced that Anheuser-Busch would stop producing alcoholic energy drinks, including Tilt and Bud Extra. With the elimination of Sparks from the market, nearly 85% of all alcoholic energy drinks that were available at the start of this year will be eliminated from the market. Maine will continue to work with other jurisdictions to investigate alcoholic energy drinks manufactured by other companies and will explore all options to address these dangerous products, including regulation, legislation and litigation.

To read the Assurance of Voluntary Compliance, click this link to a PDF document: http://www.maine.gov/tools/whatsnew/attach.php?id=65301&an=1


[1] Illinois, Iowa, Maine, Maryland and New York issued investigative subpoenas to MillerCoors. Arizona, California, Connecticut, Idaho, Mississippi, New Mexico, Ohio, Oklahoma and the City of San Francisco assisted in the investigation.

Maine AG Praises Today's US Supreme Court Tobacco Decision

December 15, 2008

For Immediate Release

Maine Attorney General Steve Rowe praised today?s U.S. Supreme Court decision in Altria Group, Inc., et al. v. Good et al. ?Today?s decision is a major win for the health of American people,? said Attorney General Rowe. ?The court has held that cigarette manufacturers cannot make fraudulent claims about the safety of their products and then hide behind the Federal Cigarette Labeling Act. The decision makes clear that state unfair and deceptive trade practice laws are not preempted by the Federal Labeling Act. Maine was proud to lead the states in arguing against preemption.?

The respondents in the Altria case are a group of Maine residents and longtime smokers of Marlboro Lights and Cambridge Lights cigarettes, which are manufactured by Philip Morris USA, Inc. and its parent company, Altria Group, Inc. The smokers claimed that the tobacco company deliberately deceived them about the true and harmful nature of ?light? cigarettes in violation of the Maine Unfair Trade Practices Act (UPTA). The tobacco company had argued that the Maine UTPA was preempted by the Federal Cigarette Labeling and Advertising Act. In its 5-4 decision, the Supreme Court held that the Maine UPTA was not preempted by the federal law. The Court also held that the Federal Trade Commission?s actions in the field did not impliedly preempt the smokers? Maine UPTA claims.

The Maine Attorney General?s Office participated in the case by preparing and filing with the Supreme Court a state an amici curiae brief arguing that state unfair trade practice laws are not preempted by the Federal Labeling Act. Forty-six other states and the District of Columbia signed onto the brief.

Today?s decision is also important for a case that is pending in state court in Vermont. In that case, the State of Vermont has sued R.J. Reynolds for representations made with respect to its Eclipse brand of cigarettes. Vermont claimed that Reynolds misled the public with unsubstantiated claims that Eclipse cigarettes might carry less risk of cancer and other health ailments. Vermont?s suit included claims that Reynolds? conduct violated provisions in the Tobacco Master Settlement Agreement as well as the state?s Unfair Trade Practice Act. Today?s decision ensures that Vermont can go forward with its UPTA claims intact. The case is presently in trial in Vermont Superior Court in Burlington. The Maine Attorney General?s office assisted Vermont with preparing its case for trial. Maine assisted with taking pre-trial depositions and with preparing pleadings.

Maine Attorney General Steve Rowe praised the professionals in his office who have worked on these cases. They include Deputy Attorneys General Paul Stern, Assistant Attorneys General Linda Conti, Jennifer Willis, Peter LaFond and Carolyn Silsby and Research Assistant Alice Sproul.


Use of Deadly Force by Auburn Police Officer Legally Justified

December 17, 2008

Attorney General Steven Rowe announced today that he has determined that Auburn Police Officer Kristopher Bouchard was legally justified when, while acting in the performance of his public duty, he intentionally fired his weapon at a vehicle operated by Bartolo Ford, age 47, of Lisbon, the night of September 15, 2008, on the Hotel Road in Auburn.

The Attorney General's investigation focused on the issue of whether the use of deadly force by Officer Bouchard in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while engaged in the performance of the officer?s public duty. Maine law defines deadly force as physical force that a person uses with the intent of causing, or that a person knows to create a substantial risk of causing, death or serious bodily injury. Further, in the specific context of a firearm, Maine law defines deadly force to include the intentional or reckless discharge of a firearm in the direction of another person or at a moving vehicle.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of others, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat.

In addition, under certain limited circumstances, a law enforcement officer is justified in using deadly force to make an arrest. Specifically, a law enforcement officer is justified in using deadly force to make an arrest when the officer actually and reasonably believes that the person has committed a crime involving the use or threatened use of deadly force, or otherwise indicates that the person is likely to endanger seriously human life or to inflict serious bodily injury unless apprehended without delay. When using deadly force to make an arrest, the law enforcement officer must first make reasonable efforts to advise the person that the officer is a law enforcement officer attempting to make an arrest, and the officer must have reasonable grounds to believe that the person is aware of this advice. Alternatively, the law enforcement officer must reasonably believe that the person to be arrested otherwise knows that the officer is a law enforcement officer attempting to make an arrest.

Attorney General Rowe determined that, based on the investigation and legal analysis conducted by his office, Officer Bouchard actually and reasonably believed that unlawful deadly force was being used by Ford against him, and that others were imminently threatened with death or serious bodily injury by the actions of Ford. Further, based on the investigation and legal analysis, Attorney General Rowe determined that Officer Bouchard actually and reasonably believed that deadly force on his part was necessary to protect himself and others from the imminent threat of deadly force. Moreover, Attorney General Rowe determined that Officer Bouchard actually and reasonably believed that Mr. Ford had committed a crime involving the use or threatened use of deadly force, was likely to endanger seriously human life unless apprehended without delay, and that Mr. Ford knew that Bouchard was a law enforcement officer attempting to arrest him.

The Attorney General reported the following findings from his office?s investigation:

On September 15, 2008, at 9:17 p.m., the Lewiston-Auburn 911 Communications Center received a report of a possible theft in progress of manufactured concrete products at a business on Minot Avenue in Auburn. The caller said that a bucket loader carrying concrete products had been seen leaving the business. Auburn Police Officer David Madore, in uniform and a marked police cruiser, responded to the call. A short time previous to the call, Officer Madore had observed a Caterpillar front-end loader traveling behind a convenience store in the direction of the Manley Road. The loader was transporting two manufactured concrete cylinders. Officer Madore?s initial impression was that the loader was involved in nighttime construction in the area.

Officer Madore returned to the area of the Manley Road where he had previously seen the front-end loader. In the parking lot of another business, Officer Madore observed a Ford F-550 duel wheel dump truck with two large concrete cylinders loaded on it. They appeared to be the same items that he had seen earlier on the Caterpillar loader. Officer Madore reported this information via radio, and Officer Kristopher Bouchard, also in uniform and driving a marked police cruiser, started driving to Officer Madore?s location. Officer Madore conversed with the truck?s operator, later identified as Bartolo Ford, who told Officer Madore that he was working. When questioned further, Mr. Ford fled the area in the truck onto the Manley Road. Officer Madore gave chase in his cruiser with emergency lights and siren activated.

Officer Bouchard, still on his way to back up Officer Madore, met the fleeing dump truck coming toward him from the opposite direction on the Manley Road. Officer Bouchard turned his cruiser around and became the primary chase vehicle behind the truck. Officer Bouchard had his cruiser?s emergency lights and siren activated. Officer Madore continued in his cruiser behind Bouchard. The dump truck turned onto the Hotel Road in Auburn. As the truck traversed a small bridge, concrete products fell from the bed of the truck and shattered into pieces on the roadway. A piece of the broken concrete punctured a tire on Officer Madore?s cruiser, disabling its operation. While Officer Madore pulled his cruiser to the side of the road, Officer Bouchard continued the pursuit of the truck, which was now traveling at speeds of 75-85 m.p.h. on Hotel Road.

As the pursuit approached the intersection of Hotel Road and East Hardscrabble Road, Officer Bouchard saw the truck?s brake lights come on and the truck come to a stop. Bouchard stopped his cruiser behind the truck whereupon the truck immediately backed up at a rapid speed and rammed the front of the cruiser. The truck then moved forward. Officer Bouchard likewise drove his cruiser forward. Approximately 15 seconds later, the truck stopped and again backed up at a rapid speed toward the cruiser. Officer Bouchard stated that he was afraid that the large pieces of concrete in the bed of the truck would land on his windshield and cause him serious injury if the truck rammed his cruiser again. Officer Bouchard attempted to avoid the truck ramming his cruiser by backing up at a fast speed. The truck, however, rammed the front of the cruiser a second time. The truck then rebounded from the collision and stopped.

Intending to arrest the operator of the truck, Officer Bouchard quickly got out of his cruiser and approached the truck with his service weapon, a .45 caliber pistol, drawn and pointed at the operator. Officer Bouchard ordered the operator (later identified as Mr. Ford) to get out of the vehicle. Mr. Ford looked at Officer Bouchard and started shifting gears to drive off. Officer Bouchard said that, at that moment, he believed that Mr. Ford, as operator of the truck, posed a threat of serious bodily injury or death to Officer Bouchard, other officers and members of the public. Officer Bouchard fired his weapon four times in the direction of Mr. Ford as Mr. Ford sped forward in the truck down Hotel Road. Officer Bouchard estimated that he was 15-20 feet from the driver?s side door of the truck when he fired. The time was approximately 9:30 p.m. Unknown to anyone other than Mr. Ford at the time, one of the rounds fired by Officer Bouchard penetrated the driver?s door and struck Mr. Ford in the upper left leg. Approximately two minutes had elapsed since the start of the initial vehicle pursuit by Officer Madore.

Officer Bouchard attempted to pursue the truck but was unable to do so because of the damage sustained to his cruiser. Officer Madore, upon learning that Officer Bouchard had fired shots at the operator of the truck, drove his cruiser on a flat tire to Bouchard?s location. A third Auburn officer, Matthew Johnson, passed Officers Bouchard and Madore, and continued on the Hotel Road, which becomes Route 122 in Poland. At about 9:34 p.m., Officer Johnson observed the truck come to a momentary stop on Route 122 in Poland. The truck then moved in reverse at a high rate of speed in an attempt to ram Johnson?s cruiser. Officer Johnson was able to maneuver his cruiser out of the path of the truck averting a collision. Mr. Ford then drove forward, negotiated a u-turn, and drove at a high speed directly at Officer Johnson?s cruiser. Officer Johnson was again able to maneuver his cruiser out of the path of the truck. When the truck drove at Johnson?s cruiser a third time, however, Officer Johnson, unable to avoid an impending collision, abandoned his cruiser just before the truck struck the cruiser head on at a high rate of speed. After ramming the cruiser ? and disabling it ? Mr. Ford fled the scene in the truck.

In the meantime, Auburn Deputy Police Chief Jason Moen, in uniform and driving an unmarked cruiser, was in Casco on his way home from an assignment while monitoring the police radio traffic. After Officer Johnson?s report of his cruiser being rammed head on by the truck, Deputy Chief Moen drove to the nearby intersection of Routes 122 and 26 in Poland and waited in the parking lot of a business establishment. Within seconds, the truck drove by Moen on Route 122. Moen drove onto Route 122 behind the truck, following it as it turned onto Route 26. Deputy Chief Moen activated his emergency lights, whereupon the truck slowed and started to make a u-turn. Fearing that the truck would attempt to ram his cruiser, Moen drove back into the parking lot. As the truck sped toward Moen?s cruiser, Moen was able to avoid a collision by driving back onto Route 122. The truck pursued Moen for a short distance and disappeared from sight.

Mr. Ford?s disabled truck was later located off the road on the Hines Road in Poland where it had come to rest after striking two parked vehicles on the Hines Road. At around midnight, a State Police trooper located Mr. Ford walking on Route 26 in Poland. Bleeding heavily from the gunshot wound to his left leg, Mr. Ford was taken by ambulance to a Lewiston hospital for treatment. He has since been released from the hospital and faces several criminal charges lodged by the Androscoggin County District Attorney?s Office, including aggravated attempted murder of Officer Johnson, two counts each of aggravated criminal mischief (estimates of damage to the two cruisers rammed by the dump truck amounted to nearly $15,000) and reckless conduct with a motor vehicle, eluding an officer, theft, and traffic offenses. Later investigation by the Auburn Police Department resulted in a multitude of other theft charges lodged against Mr. Ford. The charges related to the thefts of various construction materials in both Auburn and Topsham. A portion of the stolen materials were recovered as a result of the follow-up investigation.

Detectives from the Office of the Attorney General went to the scene of the shooting in Auburn to conduct the investigation. They were assisted by the Auburn Police Department and, later, the Maine State Police Crime Laboratory. The Auburn Police Department cooperated fully with the investigation and conducted its own internal departmental review of the incident.


Contact: Jessica Maurer, Special Assistant Attorney General, 207-626-8515

Attorney General Issues Draft of Log Harvesting and Hauling Report for Public Comment

January 2, 2009

FOR IMMEDIATE RELEASE

ATTORNEY GENERAL ISSUES DRAFT OF LOG HARVESTING AND HAULING REPORT FOR PUBLIC COMMENT

JANUARY 2, 2009

In April of 2008, the 123rd Maine Legislature passed, and Governor John E. Baldacci signed, an emergency Resolve, Chapter 189, to temporarily suspend certain rate-setting procedures for the forest products industry. To ensure reasonable rates of compensation for the providers of wood harvesting and hauling services in the state, and to assess the impact of Maine Revised Statutes, Title 26, Chapter 18 on these services, the Resolve directed the Office of Attorney General conduct a study of the statewide markets for forest products harvesting and hauling services.

Since April of 2008, staff of the Attorney General?s Office, along with representatives of the Departments of Labor and Conservation and the State Planning Office and the services of the Irland Group examined conditions within the forest products industry to determine, what if any, changes to legislation may be necessary to ensure fair competition. The Resolve requires the Attorney General to issue a draft of the report and to solicit public comment before submitting a final report to the Legislature.

The Report is now posted on the Attorney General?s website at http://www.maine.gov/ag/. To request a report be mailed to you, call (207) 626-8502. Comments are due to the Attorney General on or before January 31, 2009. Comments should be submitted via email to Christina.Moylan@maine.gov or by regular mail to the attention of Assistant Attorney General Christina Moylan at the Office of Attorney General, Burton Cross State Office Building, 6th Floor, 111 Sewall Street, Augusta, Maine 04330.

The Attorney General will file a final report to the Legislature on or before February 15, 2009.

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Janet T. Mills Sworn In as Maine's 55th Attorney General

January 6, 2009

FOR IMMEDIATE RELEASE

Contact: Kate Simmons Phone: (207) 626-8577

Janet T. Mills Sworn In as Maine?s 55th Attorney General

Augusta ? Today, Janet Trafton Mills was sworn in as Maine?s 55th Attorney General and is the first woman to hold the office. Attorney General Mills was born and raised in Farmington, daughter of S. Peter Mills and Katherine Coffin Mills. She graduated from Farmington High School and earned a BA degree from the University of Massachusetts-Boston and a J.D. degree from the University of Maine School of Law, where she served on the Maine Law Review.

Attorney General Mills was an Assistant Attorney General from 1976 to 1980, prosecuting homicides and other major crimes, the first woman in the Criminal Division of the Attorney General?s office. In 1980 she was elected District Attorney for Androscoggin, Franklin and Oxford Counties, a position to which she was re-elected three times. She was the first woman District Attorney in New England and one of the first in the country.

Since 1995 Attorney General Mills has been in the private practice of law in Skowhegan with her brother, State Senator S. Peter Mills. In 2002 she was elected to the House of Representatives, representing the towns of Farmington and Industry. She has served on the Judiciary Committee, the Criminal Justice and Public Safety Committee and the Appropriations Committee. She had been elected to her fourth term in the House in November 2008 before she was elected by the Joint Convention in December 2008 to be Maine?s 55th Attorney General.

She and her husband Stanley Kuklinski live in Farmington. She has five stepdaughters and three grandsons.

Below are her remarks at the swearing in:

Gov. Baldacci, distinguished guests, family and friends, you have no idea how grateful I am to be here today. My life?s path has led me here.

And I am so happy to be here. And my mother, going on 92 years young, is also very happy to be here.

She is particularly excited that I will be serving on the Baxter Park Authority, fulfilling the prophecy she made decades ago, that I would be ?forever wild.?

I am grateful for the presence of my husband Stan, who has been so patient and supportive, my stepdaughters and good friends?Lisl, Tammy & Coleen; and my brother, Sen. Peter Mills, with whom I have worked for the past fourteen years and who has taught me more than he?ll ever know about the practice of law and life; my accomplished brother, author, historian and attorney, Paul Mills; and my sister, ?surgeon general? Dora Mills. I regret that my brother David could not be with us today.

I want to express my gratitude to Steve Rowe, who has been so gracious and generous with his time, and who has directed this office with such leadership, common sense and care; who is obviously so well loved in return by his staff and whom we will greatly miss in state government, at least for now.

These constitutional offices, the Atty. General, the Treasurer, the Sec. of State, are a hybrid of the three branches of our government. They are elected by the Legislature, subject to the Judiciary, serving the Executive.

Like the crossed rafters and beams, the trusses, of an old Maine barn, the three branches that support and sustain our government are equally strong, equally important, resilient and interdependent.

And the constitutional officers, I believe, are the brackets, the wedges, the independent glue that secures those beams, that fixes them to the solid long ridge beam that is our Constitution.

The integrity and hard work of these offices keeps our Constitution strong, our people confident in their government.

The oath I have just taken is the same oath taken by Nathan Clifford in 1834. Mr. Clifford served as Attorney General for three years and went on to be a U.S. Supreme Court Justice.

It is the same oath that was taken by William Frye, former Mayor of Lewiston, co-founder of Bates College, who became the longest serving Mainer in the Congress of the United States.

It is the same oath taken by Thomas Brackett Reed of Portland, who became one of the most powerful people in the country as the Speaker of the House of Representatives in Washington, and a close friend of Mark Twain.

It is the same oath taken by William R. Pattangall of Waterville and Pembroke who served two different terms as Attorney General and who became the Chief Justice of the Maine Supreme Court. You know, the Attorney General was then a part-time position and he used to ?ride circuit? with the judges and try cases across the state. And Pattangall tried about 15 cases in one term this way.

Whatever those men accomplished in later years, they took their duties as Attorney General seriously. It is a position that can do great things for the people of Maine.

In reviewing my own place in the history of this office, something stood out, of course? something that makes me different and unique?

Yes,..out of the long line of Attorneys General down through history, 55 individuals over 178 years of our state?s corporate existence, I am the first and only Attorney General?from Franklin County.

There have been 14 AGs from Portland and 6 from Bangor, 32 from elsewhere.

I am from the foothills of Western Maine, a place where we look up to the mountains; where we look down and across onto the cities in the lowlands; where the sunsets are bright, snow aplenty, and the soil is still good for growing; where the river bottoms are lined with ocean sand from some ancient glacier deposit; where there are four definite seasons? seasons of swimming, hunting, skiing and planting.

Today, we are in a season of change, regardless of the calendar. Here and in our nation?s capital, we are moving the goals, challenging the agenda, taking new roads.

The road I take is one that will open opportunities for every girl growing up in this state who once had dreams but who had to put them aside.

I ran for office because I believed I was the most qualified person for the job. And I hope that history proves it so.

I also ran for every Maine woman and girl who grows up in the shadows of Margaret Chase Smith and who seeks opportunity in this state.

I stand here on behalf of children like my 6-year old niece Julia, who will grow up competing on an equal footing with her wonderful brother Anthony.

Julia, don?t ever let anyone tell you that you can?t compete?with friends, classmates, and others, regardless of where they are from, regardless of the color of their skin, their race, their religion, their gender, orientation or beliefs.

Julia dear, today we begin to color outside the lines. We are changing the lines, redrawing the lines. Not cutting corners, but improving the road, expanding the landscape,...like an Aroostook County sunrise enlarges the horizon.

We are changing something about what is ?normal,? about what is expected and of whom it is expected, here and around our country.

I know that whatever I am able to achieve in this position will be not because of who I am but because of what I do.

Today I begin what I have referred to fondly, and with some anticipation, as running the largest law firm in the State of Maine.

Today I begin the job of litigating, negotiating, arbitrating, mitigating,--the job of resolving differences, of defending the people, of heading up a team of men and women who will represent the face of Maine people in the courts and in the public eye.

And we will do so with integrity and with honor, in order to hold the beams and trusses of government sturdy against the strongest of winds.

Much of what we will do will not be heard or heralded. There will be few victory speeches for the lives that are not lost; for the businesses and consumers made whole; for the workers returned to a job; for the child no longer abused; for the tribal member whose voice is heard; or for a citizen not denied due process.

This will be our quiet work?solving problems diligently before they are known, not because they are known.

And if we may touch one life and make it better, if I may change the course of this state in some small way, if we can make people feel just a bit better about living and working in our state?if I can make that difference, I will count my career, my life, a success, without more.

And I will always count myself so lucky to be standing here today, in this historic Chamber, in the cross beams, if not the cross hairs, of the three branches of government, taking the profound oath of my predecessors before this most distinguished audience.

Thank you.

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Dell Settlement with State Attorneys General will Refund Consumers $3.35 Million

January 12, 2009

FOR IMMEDIATE RELEASE
Contact: Carolyn Silsby 207/626-8829

Dell and Its Subsidiary, Dell Financial Services, Agree to Make Changes in Their Business Practices and to Refund Consumers Under a $3.35 Million Settlement with State Attorneys General

The Attorneys General of thirty-four states, including Maine, announced today that they have entered into a settlement with Dell, Inc. and its subsidiary, Dell Financial Services (collectively, ?Dell?), that addresses the states? serious concerns about Dell?s financing promotions, rebate offers, technical support and warranty service. This settlement also provides $1.5 million in restitution to eligible consumers who file claims by April 13, 2009. Dell will also pay an additional $1.85 million to the states for reimbursement of legal costs and other expenses, of which Maine is expected to receive $75,000.

Attorney General Janet T. Mills said, ?Dell and its subsidiary, Dell Financial Services, have taken unfair advantage of Maine consumers. Dell uses deceptive financing and rebate offers as enticements to buy, then they fail to fulfill warranty obligations. This settlement brings an end to these practices and provides relief to a number of consumers who purchased Dell products.?

Besides Maine, the states involved in the settlement are: Arizona, Arkansas, California, Connecticut, Delaware, Florida, Illinois, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Washington, West Virginia, Vermont, and Wisconsin.

Under the settlement, Dell agreed to the following:

FINANCING AND CREDIT OFFERS

? Disclose in advertisements for promotional credit offers that the majority of consumers who apply won?t quality for the best annual percentage rate (APR), and disclose the range of initial APRs that consumers who are not considered the ?most qualified borrowers? are likely to receive.

? Inform consumers considering applying for promotional financing that the application is for a revolving open credit account, that minimum monthly payments are required and that approval of the account does not guarantee that the consumer will also qualify for conditional financing promotions (such as zero-percent interest for 90 days). Explain how finance charges are calculated, disclose any penalties and inform the consumer whether subsequent purchases made using the credit account will be subject to the same or different financing terms.

? At the time of credit acceptance, disclose whether the applicant has qualified for any conditional financing promotion.

WARRANTIES AND SERVICES

? Fulfill its warranty obligations within 30 days from the date of notification or receipt of a defective product.

? Disclose whether phone-based troubleshooting or remote diagnosis is required before Dell will provide on-site repair or warranty-related service.

REBATES

? If a rebate is available, provide the necessary rebate documentation at the time product is delivered or the service is provided.

? Mail rebates within the specified time frame, or within 30 days if no date is specified.

ADDITIONAL PROCEDURES AND POLICIES

? Implement written policies to ensure compliance with the settlement, including procedures that address issues such as:

o Informing consumers of their right to cancel orders made with the Dell Credit Account within three days after receiving final credit approval and the written terms and conditions.

o Communication between Dell and Dell Financial Services when a consumer returns a product purchased with credit.

o Removing consumer accounts from collection agencies and providing accurate information to credit-reporting bureaus.

? Substantiate any claims Dell makes about the quality of its customer service. Dell can use the term ?award-winning? to describe its customer service only if the company received such an award within the past 18 months.

CONSUMER REFUND REQUESTS:

It?s not yet known how many consumers in Maine or nationwide may be entitled to refunds under the settlement. Consumers may be eligible for restitution if 1) they file a claim with the Attorney General?s Office by April 13, 2009 regarding a Dell purchase made between April 1, 2005 and April 13, 2009 and which concerns conduct that is addressed by the agreement; and 2) they incurred expenses out-of-pocket.

Maine residents who haven?t submitted complaints but believe they are eligible for refunds may obtain the claim form by downloading it from the Attorney General?s website:
Claim Form or by contacting the Consumer Protection Division at 207-626-8861 to leave a message requesting that a claim form be sent. Eligible consumers who already filed complaints with the Attorney General?s Office after April 1, 2005 will be mailed claim forms. Claim Form Instructions
FAQs

Consumers in other participating states should contact their Attorney General?s Office for further information.

Attorney General Mills Announces Eli Lilly to Pay More Than $1.4 Billion for Off-Label Drug Marketing

January 15, 2009

FOR IMMEDIATE RELEASE

January 15, 2009

Contact: Kate Simmons Phone: (207) 626-8577 Ms. Michael Miller, Director of the Healthcare Crimes Unit Phone: (207) 626-8891

ATTORNEY GENERAL MILLS ANNOUNCES ELI LILLY TO PAY MORE THAN $1.4 BILLION FOR OFF- LABEL DRUG MARKETING

Attorney General Janet T. Mills announced today that Maine has joined with other states and the federal government and reached an agreement in principle with Eli Lilly and Company, to settle allegations it engaged in an off-label marketing campaign that improperly promoted the anti-psychotic drug, Zyprexa. Eli Lilly will pay the states and the federal government a total of $800 million in damages and penalties to compensate Medicaid and various federal healthcare programs for harm suffered as a result of this conduct. In addition, the United States Attorney for the Eastern District of Pennsylvania has filed a criminal Information in United States District Court charging Eli Lilly with a misdemeanor violation of the Food, Drug and Cosmetic Act. In a plea agreement filed with the Court, Eli Lilly has agreed to pay a $615 million criminal fine to resolve the charge.

Attorney General Janet T. Mills said, ?This proposed settlement with Eli Lilly is a major victory for public safety. Let this be a strong message to drug makers that marketing and promoting drugs to the public for unapproved uses will not be tolerated. The state of Maine will receive over $1.3 million from this settlement to reimburse MaineCare for the cost associated with Eli Lily?s inappropriate conduct.?

Zyprexa is one of a newer generation of antipsychotic medications (called atypical antipsychotics) used to treat certain psychological disorders. Between September 1999 and December 31, 2005, Eli Lilly willfully promoted the sale and use of Zyprexa, primarily through a marketing campaign called ?Viva Zyprexa,? for certain uses which the Food and Drug Administration had not approved. The promotional activities undertaken by Eli Lilly in the ?Viva Zyprexa? campaign promoted Zyprexa not only to psychiatrists, but also to primary care physicians, for such unapproved uses as the treatment of depression, anxiety, irritability, disrupted sleep, nausea and gambling addiction. In implementing the campaign, Eli Lilly also provided remuneration and other things of value to physicians and other health care professionals. As a result of these promotional activities, Eli Lilly caused physicians to prescribe Zyprexa for children and adolescents, dementia patients in long term care facilities, and in unapproved dosage amounts, all of which are uses that were not medically accepted indications for which state Medicaid programs would approve reimbursement.

As part of the settlement, Eli Lilly will enter a Corporate Integrity Agreement with the United States Department of Health and Human Services, Office of the Inspector General which will closely monitor the company?s future marketing and sales practices.

This settlement is based on four qui tam cases that were filed or consolidated in the United States District Court for the Eastern District of Pennsylvania by various relators - private parties that filed actions under state and federal false claims statutes.

A National Association of Medicaid Fraud Control Units team participated in the investigation and conducted the settlement negotiations with Eli Lilly on behalf of the settling states. Team members included representatives from Massachusetts, New York, Ohio, Delaware, New Jersey, Texas and Illinois.

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Consumer Fraud Alert: Fake Recession Stimulus Payments

January 22, 2009

FOR IMMEDIATE RELEASE January 22, 2009

Contact: Kate Simmons, Phone: 626-8577 Jim McKenna, Phone: 626-8842

CONSUMER FRAUD ALERT Fake Recession Stimulus Payments

Consumers should be aware of a new scam being circulated via email. While the federal government is debating government stimulus payments to fight our economic recession, the IRS is not sending citizens e-mails announcing that you are eligible to receive a stimulus payment.

These emails are a scam, and should be deleted from your inbox, warns Attorney General Janet Mills?s Consumer Protection Division. This email scam uses current events to try and confuse you. The e-mail asks you to download a ?Stimulus Payment Form,? fill it out, and return it to the sender. This is a fake IRS e-mail is just the latest version of a scam designed to get you to disclose personal financial information.

Phishing scammers often try to take advantage of recent events in order to trick you into believing that the e-mail or letter or phone call you receive asking for personal information is legitimate. For example, there have been recent reports that Heartland Payment Systems, which processes credit cards for thousands of restaurants, retailers and other businesses, has been the victim of a nationwide data theft. This means you should now be on the look-out for scammers trying to take advantage of any confusion. For example, watch out for official-looking e-mails or phone calls warning you that your credit cards have been compromised and you need to immediately provide personal information, so your funds will not be cut off. Ignore such messages. Banks do not ask for your personal information over the phone or by e-mail or by any other way. Banks already possess that information.

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Court Upholds Maine's Tobacco Licensing Statue

February 10, 2009

For Immediate Release February 10, 2009

Contact: Jennifer Willis, Assistant Attorney General, 207-626-8494

Court Upholds Maine?s Tobacco Licensing Statute

Today, Maine?s highest court issued a decision upholding Maine?s retail licensing statute that requires all retailers who sell tobacco products directly to consumers to obtain a retail license from the State. The retailer challenging the statute is a member of the Seneca Nation whose place of business is on a reservation in New York. The retailer argued that he was not required to obtain a retail license, even though he had made many sales to Maine consumers through mail-order and online transactions, because the sales took place on the reservation.

The Court disagreed, holding that the sales took place in Maine and were subject to Maine?s licensing requirements because the retailer reached off the reservation by accepting orders and sending cigarettes to consumers in Maine who are off the reservation.

?This is an important win for the State because Maine?s retail licensing statute is an essential safeguard against the unregulated sale of cigarettes to Maine consumers,? said Maine Attorney General Janet Mills. ?Without this sort of regulation of tobacco sellers, Maine has no enforceable way to track the types of tobacco products coming into our state and no way to effectively prevent the sale of tobacco products to our youth.?

Maine?s retail licensing statute requires all retailers to obtain a license if the retailer sells tobacco products directly to Maine consumers even if the transaction occurs over the Internet, by telephone or through mail-order. The licensing statute also has reporting requirements that allow the State to ensure compliance with all the legal requirements regarding the sale of tobacco products in Maine, including age verification requirements and limitations on the types of products that can be sold.

#

Repeated Civil Rights Violator Convicted and Sentenced to Four Years in Prison

February 6, 2009

For Immediate Release
February 6, 2009

Contact: Leanne Robbin (207) 822-0496 Kate Simmons (207) 626-8577

Repeated Civil Rights Violator Convicted and Sentenced to Four Years in Prison

Augusta?Attorney General Janet Mills announced today that Anthony Cabana, age 42, formerly of Lyman, Maine, will be going to prison for violating an order under the Maine Civil Rights Act. In 1998, Cabana entered into a Consent Decree arising from allegations that he had engaged in violence or threatened violence against a number of women based on his bias against their gender. The order prohibited him from assaulting, using physical force or violence or threatening to use physical force or violence against any person motivated by bias based on sex, as well as the other factors under the Civil Rights Act. He violated the order later the same year and was sentenced to 364 days in jail.
The most recent case involving Cabana occurred on June 11, 2008, when he threatened his domestic partner of two years with a chain saw and then assaulted her by choking her, leaving bruises on her neck. After his arrest, Cabana wrote the victim a series of letters from the jail asking her to ?help get rid of these charges? by lying and saying that she had put the marks on her neck herself in order to get him out of the house.
On February 5, 2009, Cabana pled guilty in Superior Court in Alfred to the criminal violation of the Civil Rights Order, along with Domestic Violence Criminal Threatening with a Dangerous Weapon, Domestic Violence Assault and Victim Tampering. He was sentenced by Justice Fritzsche under a plea agreement imposing three years on the charges of violating the Civil Rights Order and the Domestic Violence Criminal Threatening, 364 days on the Domestic Violence Assault and seven years, all but four years suspended, on the Victim Tampering. After his release from prison, he will serve three years probation, during which time he could be ordered to return to jail if he violates the term of the Civil Rights Order, has any contact with the victim or uses any drugs or alcohol. Attorney General Mills said, ?Men who target women for abuse may be violating the Civil Rights Act. The Office of the Attorney General will bring civil rights actions where appropriate in order to deter serial violence against women.? The Attorney General?s Office has over 200 orders under the Civil Rights Act. Intentional violations of the orders constitute a Class D Crime punishable by up to 364 days in jail. That sentence may be increased if the conduct involves a dangerous weapon, as was the case here. The Attorney General?s Office has prosecuted seven criminal violations of Civil Rights Orders and all the criminal violations have resulted in jail time for the offender. The Attorney General?s Office would like to thank the Maine State Police for responding to the victim?s call and referring this matter for enforcement under the Civil Rights Act. -end-

Attorney General Enforces Maine Civil Rights Act to Remedy Religious Bias

February 11, 2009

For Immediate Release
February 11, 2009

Contact: Thom Harnett (207) 686-8897

Office of the Attorney General Enforces Maine Civil Rights Act to Remedy Religious Bias

Augusta -Attorney General Janet T. Mills announced today that the Maine Superior Court Justice Paul Fritzsche has ordered defendant Adam Goodwin of Biddeford to stay away from a Jewish man from Brooklyn who vacationed in Old Orchard Beach last summer, and to refrain from future violations of the Maine Civil Rights Act. In its Complaint filed on December 29, 2008, the State alleged that the defendant directed anti-Semitic slurs at the victim and then assaulted the victim by spitting in his face on August 9, 2008 at a night club in Old Orchard Beach, based upon the defendant?s bias against Jewish people. According to the Complaint, the defendant repeated the anti-Semitic slurs when confronted by employees of the club and by law enforcement personnel of the Old Orchard Beach Police Department.

The defendant consented to the Court?s Order by signing a Consent Decree that was also agreed to by the State. Under the Decree, the defendant did not admit that he committed the assault, used the anti-Semitic slurs or otherwise violated the Maine Civil Rights Act. By signing the Consent Decree, however, the defendant agreed to have no contact with the victim and to have future knowing violations of the Maine Civil Rights Act prosecutable as a Class D Crime, punishable by up to 364 days in jail. The Consent Decree prohibits the defendant from having any contact with the victim named in the Decree and from committing future violations of the Maine Civil Rights Act against any person based on bias due to race, color, religion, sex, ancestry, national origin, physical or mental disability, or sexual orientation.

Attorney General Mills said: ?No person visiting or living in Maine should be mistreated or made to fear for their personal safety because of another person?s bias about their religious beliefs or heritage. The Office of the Attorney General will continue to enforce the Maine Civil Rights Act against those who threaten others on account of rheir religious beliefs.?

The Attorney General?s Office would like to thank the Old Orchard Beach Police Department for its investigation of the allegations and its referral to the Attorney General for enforcement under the Maine Civil Rights Act. The York County District Attorney?s Office has a criminal actions pending against the defendant.

-end-

MACCS Military Clothing Store Agrees to Reimburse Soldiers

February 13, 2009

For Immediate Release
February 13, 2009

Contact: Kate Simmons 215-5088 Jim McKenna 626-8842

MAACS Military Clothing Store Agrees to Reimburse Soldiers

Attorney General Janet T. Mills announced that South Portland military clothing seller MAACS, Inc and its owner Allison MacDonald have entered into a Maine Superior Court Consent Decree which requires MAACS to refund to 96 armed service personnel their payments for military uniforms that were never delivered. The total amount of restitution ordered by the Court is $18,716.

?The Attorney General?s office received complaints from U.S. soldiers stationed around the world,? said Attorney General Mills. ?This court order means that the MAACS customers will finally receive back their money.?

MAACS and MacDonald also agreed in the Consent Decree that if additional complaints are received by the Attorney General that they will be paid within 30 days. If MAACS objects to any claim, the matter will be settled in arbitration, paid for by MAACS.

MAACS must also prepare an accounting that lists all consumers who purchased clothing but claimed they did not receive their orders. MAACS must then present to the Court an affidavit confirming the full restitution paid to these consumers.

Any MAACS customer who still seeking money back from MAACS can contact us at: Gail Cyr Maine Attorney General Consumer Protection Division 6 State House Station Augusta, ME 04333 Phone: 626-8502 Email: gail.cyr@maine.gov

Pursuant to the Maine Unfair Trade Practices Act, MAACS will also pay a civil assessment to the Attorney General of $5,000. By entering in this Consent Decree neither MAACS nor Allison MacDonald admitted to any wrongdoing. ###

Attorney General Janet T. Mills Swears-in Domestic Violence Investigators

For Immediate Release
February 18, 2009
Contact: Kate Simmons (207) 626-8577

Attorney General Janet T. Mills Swears-In Domestic Violence Investigators

At a swearing-in ceremony today in Augusta, Attorney General Janet T. Mills granted statewide jurisdiction to 17 domestic violence investigators from across Maine. In recent years, the Office of the Attorney General has authorized domestic violence investigators to cross jurisdictional lines in order to protect survivors of domestic violence by enforcing bail conditions and protection order provisions.
?Last year, the number of homicides that involved domestic violence doubled,? said Attorney General Janet Mills. ?I have no doubt that we would have seen even more domestic violence-related homicides but for the work of these detectives who are able to operate to protect victims in all jurisdictions in the state.?

The Office of the Attorney General has determined that abusers frequently cross county lines to perpetrate abuse. When a victim escapes the abuser, the victim will often take refuge with a friend or relative who lives in another town or county. It is when a victim leaves their abuser they are at greater risk of being killed. Domestic violence investigators are able who track violent offenders and who are able to cross town and county lines to ensure that victims are safe.

?In addition to investigating abuse, we need to focus on prevention and communication,? said Attorney General Mills. ?We need to send the message to boys and young Maine in Maine that, ?heroes don?t hit.? It is cool to walk away and let off steam at the gym and not the kitchen. Anger is normal, but violence is not.?

#

Attorney General Janet T. Mills Swears-In Domestic Violence Investigators

February 18, 2009

For Immediate Release
February 18, 2009
Contact: Kate Simmons (207) 626-8577

Attorney General Janet T. Mills Swears-In Domestic Violence Investigators

At a swearing-in ceremony today in Augusta, Attorney General Janet T. Mills granted statewide jurisdiction to 17 domestic violence investigators from across Maine. In recent years, the Office of the Attorney General has authorized domestic violence investigators to cross jurisdictional lines in order to protect survivors of domestic violence by enforcing bail conditions and protection order provisions.
?Last year, the number of homicides that involved domestic violence doubled,? said Attorney General Janet Mills. ?I have no doubt that we would have seen even more domestic violence-related homicides but for the work of these detectives who are able to operate to protect victims in all jurisdictions in the state.?

The Office of the Attorney General has determined that abusers frequently cross county lines to perpetrate abuse. When a victim escapes the abuser, the victim will often take refuge with a friend or relative who lives in another town or county. It is when a victim leaves their abuser they are at greater risk of being killed. Domestic violence investigators are able who track violent offenders and who are able to cross town and county lines to ensure that victims are safe.

?In addition to investigating abuse, we need to focus on prevention and communication,? said Attorney General Mills. ?We need to send the message to boys and young men in Maine that, ?heroes don?t hit.? It is cool to walk away and let off steam at the gym and not the kitchen. Anger is normal, but violence is not.?

#

Attorney General Announces Multi-State Settlement Resolving Concerns Over Enviga's Implied Weight Loss Claims

February 26, 2009

For Immediate Release February 26, 2009

Contact: Carolyn Silsby Assistant Attorney General Consumer Protection Division (207) 626-8829

Attorney General Announces Multi-State Settlement Resolving Concerns Over Enviga?s Implied Weight Loss Claims

Attorney General Janet T. Mills announced today that Maine and 27 other states and the District of Columbia have entered into a settlement with Coca-Cola, Nestle USA and Beverage Partners Worldwide that resolves the states? concerns over implied claims that the green tea beverage, Enviga, burns extra calories that will result in weight loss.

The settlement is the result of a multi-state investigation into claims that drinking three cans of Enviga will burn up to 60 to 100 calories per day, based on a limited study that was commissioned by the companies themselves. The so-called Rudelle study was conducted on a small group of healthy adults of normal weight who were under the age of 36. A calorie-burning effect was found among some participants, but the study did not establish that it could be sustained over time, and none experienced weight loss.

The companies have agreed to clearly and conspicuously disclaim any weight loss benefits of Enviga in the absence of diet and exercise. The companies have also agreed to pay $650,000 to the states.

Attorney General Mills stated, ?Despite the claims of Coca-Cola, Nestle USA and Beverage Partners Worldwide, it is a balanced diet and exercise produce weight loss, not the drink Enviga. These companies are now required to clearly disclose in their marketing and promotional materials that the beverage Enviga does not cause weight loss. People who are overweight should talk with their physician and not listen to advertising gimmicks designed solely to sell a company?s product.?

-end-

Study of Statewide Market for Forest Products Harvesting and Hauling Services

February 27, 2009

Letter dated 2/26/09 from Attorney General Janet T. Mills (PDF) to the Joint Standing Committee on Agriculture, Conservation and Forestry transmitting the “Study of Statewide Market for Forest Products Harvesting and Hauling Services”

The Study of Statewide Market for Forest Products Harvesting and Hauling Services (PDF) is the result of a study that the Joint Standing Committee on Agriculture, Conservation and Forestry (123rd Maine State Legislature) asked the Office of the Attorney General to prepare. This study was released on February 26, 2009.

Appendices (PDF)

  1. MRS Title 26, Chapter 18: Rates of Compensation for Forest Products Harvesting and Hauling Services; and Resolve Chapter 189
  2. Methodology of Study
  3. Comments on the draft interim report

Licensed Alcohol and Drug Counselor and Spouse Convicted of Theft

April 17, 2009

For Immediate Release Contact: Michael Miller
April 17, 2009 (207) 626-8891

LICENSED ALCOHOL AND DRUG COUNSELOR AND SPOUSE CONVICTED OF THEFT

Attorney General Janet T. Mills announced today that licensed alcohol and drug counselor David A. McFarland and his spouse, Mary A. McFarland pleaded guilty to charges of theft by deception from the MaineCare Program and from the Bureau of Unemployment Compensation.

?It is unacceptable for any healthcare providers to unethically charge or overcharge the State of Maine for services that were not provided to MaineCare consumers, ? said Attorney General Mills. ?The Office of the Attorney General will investigate any evidence of wrongful MaineCare charges, and will continue to seek jail time for those convicted of theft from state programs.?

David McFarland was President and Administrator of Alternate Choices Counseling Services, Inc., a licensed substance abuse treatment agency that provided substance abuse treatment services to MaineCare program recipients during January 2001 through November 2004 in Rockland, Waldoboro, and Belfast. During that period, Mr. McFarland submitted false claims for reimbursement to MaineCare which were then paid. The false claims included billing MaineCare for substance abuse treatment services for an hour and a half when the services actually rendered were only for 45-50 minutes and billing for services that were not rendered at all.

In March 2004, ACCS and Mr.McFarland were terminated from the MaineCare program due to the involvement of Mary McFarland with the agency. Mrs. McFarland had been banned since 1997 from participating in MaineCare, Medicare and other programs. On April 9, 2004, Mrs. McFarland represented to the Maine Department of Health and Human Services that she had resigned and would ?no longer be associated with the agency on any level or at any capacity.? Based upon this representation, ACCS and Mr. McFarland were again allowed to participate in the MaineCare program. Following her purported resignation, Mrs. McFarland continued to perform many of her former responsibilities at ACCS from the McFarland?s home. Mrs. McFarland then applied for unemployment compensation benefits based upon ?lack of work,? and Mr. McFarland verified this alleged ?lack of work.? Mrs. McFarland then collected unemployment benefits in violation of the law.

In Knox County Superior Court actions, David McFarland was sentenced today to nine months imprisonment for Theft by Deception (Class B), and 300 hours of community service for Theft by Deception (Class D). Mary McFarland was sentenced to three years imprisonment, all suspended, and three years of probation with conditions for Class B Theft by Deception, and 400 hours of community service for Class D Theft by Deception.

-end-

Former Legislative Candidate Sentenced to Jail Time for Forgery

FOR IMMEDIATE RELEASE
April 29, 2009

Contact: Leanne Robbin, Assistant Attorney General Phone: (207) 822-0266

FORMER LEGISLATIVE CANDIDATE SENTENCED TO JAIL TIME FOR FORGERY

AUGUSTA-Attorney General Janet Mills announced today that the Maine Superior Court in Alfred sentenced Bruce Ladd, age 62, of Saco, to 30 days of jail time and 160 hours of public service for forging voter signatures on forms filed with the Commission on Governmental Ethics and Election Practices. Ladd, a former candidate for House District 133 in Saco, filed the forms in April of 2008 in order to qualify for public campaign funds under Maine?s Clean Elections Law. The State alleges that Ladd forged at least seven of the voter signatures, and, as a result, failed to submit the number of signatures required to obtain public financing. He pled guilty to one felony of Aggravated Forgery late last year, and the sentencing was continued to today at his request.

In order to obtain public campaign funds, a candidate for a House seat must obtain 50 contributions of $5.00 from registered voters in the relevant district, along with each voter?s signature on a ?Receipt and Acknowledgement? form certifying that he or she in fact made the contribution. Based on a tip from the Saco City Clerk?s Office, the State detected the forgeries prior to releasing any funds to Ladd. Had the forgery not been detected, Ladd could have received public campaign funds in an amount ranging from $4600 to $8200, depending on his eligibility under the law for matching funds. After his request for public funds was denied, Ladd withdrew his candidacy.

Attorney General Mills stated, ?Maine?s Clean Election Law has allowed hundreds of citizens to run for public office, many for the first time. It is unfortunate that Mr. Ladd attempted to undermine the system and to defraud the State and the public. We will continue to be vigilant against such abuses of the public trust.?

The Attorney General?s Office would like to thank Assistant Attorney General Leanne Robbin for prosecuting the case and the Saco Police Department for its assistance in investigating the allegations.

###

Former Legislative Candidate Sentenced to Jail Time for Forgery

April 29, 2009

FOR IMMEDIATE RELEASE April 29, 2009

Contact: Leanne Robbin, Assistant Attorney General Phone: (207) 822-0266

FORMER LEGISLATIVE CANDIDATE SENTENCED TO JAIL TIME FOR FORGERY

AUGUSTA-Attorney General Janet Mills announced today that the Maine Superior Court in Alfred sentenced Bruce Ladd, age 62, of Saco, to 30 days of jail time and 160 hours of public service for forging voter signatures on forms filed with the Commission on Governmental Ethics and Election Practices. Ladd, a former candidate for House District 133 in Saco, filed the forms in April of 2008 in order to qualify for public campaign funds under Maine?s Clean Elections Law. The State alleges that Ladd forged at least seven of the voter signatures, and, as a result, failed to submit the number of signatures required to obtain public financing. He pled guilty to one felony of Aggravated Forgery late last year, and the sentencing was continued to today at his request.

In order to obtain public campaign funds, a candidate for a House seat must obtain 50 contributions of $5.00 from registered voters in the relevant district, along with each voter?s signature on a ?Receipt and Acknowledgement? form certifying that he or she in fact made the contribution. Based on a tip from the Saco City Clerk?s Office, the State detected the forgeries prior to releasing any funds to Ladd. Had the forgery not been detected, Ladd could have received public campaign funds in an amount ranging from $4600 to $8200, depending on his eligibility under the law for matching funds. After his request for public funds was denied, Ladd withdrew his candidacy.

Attorney General Mills stated, ?Maine?s Clean Election Law has allowed hundreds of citizens to run for public office, many for the first time. It is unfortunate that Mr. Ladd attempted to undermine the system and to defraud the State and the public. We will continue to be vigilant against such abuses of the public trust.?

The Attorney General?s Office would like to thank Assistant Attorney General Leanne Robbin for prosecuting the case and the Saco Police Department for its assistance in investigating the allegations.

###

Worker Convicted of Worker's Compensation Fraud Sentenced to Six Months in Jail

April 30, 2009

FOR IMMEDIATE RELEASE

Worker Convicted of Workers? Compensation Fraud Sentenced to Six Months in Jail

Contact: Assistant Attorney General Leanne Robbin, (207) 822-0496

AUGUSTA: Attorney General Janet Mills announced today that the Superior Court (Beaudoin, J.) imposed a sentence of six months in jail on Landon Logsdon, age 37, of Portland, for a Class C felony of Theft by Deception in connection with his theft of workers? compensation benefits from 2006 through 2008.

The State alleged that Logsdon claimed to have hurt his back while working as a direct care worker for a client at a residence operated by Casa, Inc., an agency which provides services to mentally retarded individuals. A few hours after the alleged injury, however, Logsdon reported for a physically demanding training at a second employer, Granite Bay Care, an agency which serves clients with a combination of mental illness and mental retardation. At the training with the second employer, Logsdon asserted that he had no injury or incapacity which would prevent him from participating in the training or working at the agency. He kept the information about his training and employment with the second employer secret from Casa, Inc., and from its insurer, Maine Employers? Mutual Insurance Company or MEMIC.

Logsdon continued to work for Granite Bay Care while he claimed to Casa and its insurer that he was too injured to do any work at all. He stopped working for Granite Bay Care only when that agency learned of some issues in Logsdon?s background that precluded him from working with their clients.

As a result of the misrepresentation of his back injury, Logsdon obtained over $18,000 in lost wage benefits to which he was not entitled.

?Workers? compensation fraud truly hurts all Maine people. It weakens a system created to protect workers and it increases the cost of doing business by raising premiums,? said Mills. ?My office will work with the Workers? Compensation Board?s Fraud and Abuse Unit to prosecute fraudulent claims, and keep the workers? compensation program strong for the needs of workers injured on the job.?

The Attorney General would like to thank Assistant Attorney General Leanne Robbin, MEMIC, Casa, Granite Bay Care and the Workers? Compensation Fraud and Abuse Unit for their assistance with and cooperation in the investigation.

###

Hotel Worker Sentenced to Eight Months in Jail for Workers Compensation Fraud

May 4, 2009

FOR IMMEDIATE RELEASE

May 4, 2009

Hotel Worker Sentenced to Eight Months in Jail for Workers Compensation Fraud

Contact: Leanne Robbin, Assistant Attorney General (207) 822-0496

AUGUSTA-Attorney General Janet Mills announced today that the Superior Court sentenced Kenneth Villella, age 49, of Biddeford, to eight months in jail for Theft by Deception (Class C) in connection with his theft of workers? compensation benefits from December, 2005 through March, 2006. This is the second case involving worker?s compensation fraud to result in jail time in as many weeks. Last week, Landon Logsdon, age 37, was sentenced to six months in jail for theft of workers? compensation benefits. The cases are part of an effort by the Attorney General?s Office, working with the Workers? Compensation Board?s Fraud and Abuse Unit, to combat fraud in the workers? compensation system and ensure that funds are available to compensate employees who are truly injured and eligible for payment.

The State alleged that Villella worked under the table for a number of Saco-area hotels while collecting workers? compensation benefits for total incapacity following an injury at his employer, Smith and Sons Excavating. When the workers? compensation insurer, Maine Employers? Mutual Insurance Company, requested him to verify his employment status in writing, he falsely reported that he had not been employed or earning wages during the period he had been working for the hotels and collecting benefits. He received over $11,000 in lost wage benefits, including nearly $5,000 after he misrepresented his ability to work.

Villella has not responded to the Workers? Compensation Board?s order for him to pay back the benefits as a result of the fraud. On June 30, 2008, the Board found that Villella had in fact engaged in fraud, and ordered him to repay the benefits, along with a civil penalty of $1,000. The hearing officer (Stovall, H.O.) ruled that Villella had ?intentionally misrepresented the facts of his employment status and committed fraud in order to obtain lost wage benefits, to which he was not entitled. Mr. Villella?s behavior is inexcusable. It hurts legitimately injured workers by creating an environment of suspicion, and financially harms both Employers and Insurers.? Villella has failed to make any of the payments ordered by the Board.

?Fraudulent claims harm hard working Maine people by weakening the worker?s compensation system. The Office of the Attorney General will bring criminal prosecutions against employees and employers who intentionally violate the Workers? Compensation Act,? said Mills. ?We will continue to seek jail time for those who submit fraudulent claims to the Workers? Compensation Board.?

Attorney General Mills would like to thank Assistant Attorney General Leanne Robbin for her excellent work on this case.

#

Former Physical Therapist Assistant Convicted

May 4, 2009

FOR IMMEDIATE RELEASE

May 5, 2009

FORMER PHYSICAL THERAPIST ASSISTANT CONVICTED OF AGGRAVATED FORGERY, THEFT AND UNLICENSED PRACTICE OF PHYSICAL THERAPY

Contact: Lisa Bogue, Assistant Attorney General 207-626-8555

AUGUSTA- Attorney General Janet T. Mills announced today that Brent Dellarma pleaded guilty and was sentenced for Aggravated Forgery, two counts of Theft by Deception, and Unlicensed Practice of Physical Therapy. Brent Dellarma held a physical therapy assistant license and began working at the Sandy River Center owned by Genesis HealthCare in Farmington in January 2007. Six months later he presented a fictitious license to the facility claiming he had obtained licensure as a Physical Therapist. He was then employed as a Physical Therapist until April 8, 2008 when the facility learned that he was not in fact licensed.

Dellarma was sentenced today in Franklin County Superior Court on the Class B felony charge of Aggravated Forgery charge to three years imprisonment with all but five months suspended, and four years of probation. The Court imposed a consecutive three years imprisonment all suspended, with four years of probation for one count of a Class B felony of Theft by Deception. He received concurrent sentences on the remaining two charges of Theft by Deception and Unlicensed Practice of Physical Therapy.

In addition, Dellarma was ordered to pay $40,000 restitution to Genesis HealthCare which had paid Dellarma increased compensation as a Physical Therapist and which had repaid the MaineCare and Medicare programs for improper billings related to unlicensed services performed by him. No allegations of patient harm arose during the investigation.

Attorney General Mills said, ?Appropriately licensed health care workers are critically important to protecting the lives and health of Maine people, and for health care institutions to appropriately bill for their services. Misrepresenting a license harms consumers, health care institutions, and taxpayers. It is a crime that my office will diligently prosecute.?

The case was investigated by Detective Jeffrey Wrigley of the Maine Office of Attorney General?s Healthcare Crimes Unit. Attorney General Mills praises Assistant Attorney General Lisa R. Bogue for her excellent work on this case.

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Report of Attorney General on State Trooper's Use of Deadly Force in Parsonsfield on November 24, 2008

May 5, 2009

Attorney General Janet T. Mills has concluded that State Police Trooper Daniel Worcester was legally justified under the Maine Criminal Code when he fired his weapon at a vehicle operated by 23-year-old Jesse F. Sanborn the night of November 24, 2008, on the Randall Lake Road in Parsonsfield.

The Attorney General is charged by law with the direction of any criminal investigation of a law enforcement officer who, while acting in the performance of that officer's duties, uses deadly force. The function of the Attorney General?s investigation and review is to determine whether self defense or defense of others as defined in the Criminal Code is reasonably generated on the facts so as to preclude a criminal prosecution.

The review does not include whether there is any civil liability, whether any administrative action is warranted or whether, in hindsight, the use of deadly force was potentially avoidable.

Maine law defines deadly force as physical force that a person uses with the intent of causing, or that a person knows to create a substantial risk of causing, death or serious bodily injury. Further, in the specific context of a firearm, Maine law defines deadly force to include the intentional or reckless discharge of a firearm in the direction of another person or at a moving vehicle.

Under Maine law, for a law enforcement officer to be justified in using deadly force for self defense or the defense of others, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that deadly force is necessary to meet or counter that imminent threat.

In addition, under certain limited circumstances, a law enforcement officer is justified in using deadly force to effect an arrest. Specifically, a law enforcement officer is justified in using deadly force to effect an arrest when the officer actually and reasonably believes that the person has committed a crime involving the use or threatened use of deadly force, or otherwise indicates that the person is likely to endanger seriously human life or to inflict serious bodily injury unless apprehended without delay. When using deadly force to effect an arrest, however, the law enforcement officer must first make reasonable efforts to advise the person that the officer is a law enforcement officer attempting to effect an arrest, and the officer must have reasonable grounds to believe that the person is aware of this advice.

The Attorney General?s investigation and analysis concluded that Trooper Worcester reasonably believed that unlawful deadly force was imminently threatened by Mr. Sanborn against fellow officers, and that Trooper Worcester reasonably believed that deadly force was necessary to protect others from the imminent threat of deadly force. The Attorney General?s investigation also determined that Trooper Worcester reasonably believed that Mr. Sanborn had committed crimes involving the use or threatened use of deadly force, that he was likely to endanger seriously human life unless apprehended without delay, and that Mr. Sanborn knew that Trooper Worcester was a law enforcement officer attempting to place him under arrest.

The Attorney General reported the following findings from her office?s investigation:

On the evening of November 24, 2008, State Police Trooper Daniel Worcester was assigned to patrol duties in certain areas of York County, including the Town of Parsonsfield. Worcester was in uniform and was operating an unmarked State Police cruiser that was equipped with emergency lighting and siren but that had no distinct police markings. Worcester?s cruiser was also equipped with a video camera. At about 9:00 P.M. on November 24, Trooper Worcester conducted a traffic stop of a pickup truck containing four individuals. One of those individuals fled on foot from the pickup truck. Other troopers responded to the area in an attempt to locate the individual. Trooper Worcester was patrolling the general area as part of the search.

At 10:42 P.M., Trooper Worcester was on Route 160 in Parsonsfield, where Route 160 intersects with the Cram Road, when he observed an oncoming vehicle, later determined to be operated by Jesse F. Sanborn. According to Worcester, Sanborn turned his vehicle onto the Cram Road and failed to signal the turn. Trooper Worcester activated the blue lights and siren of his cruiser, signaling Sanborn to pull over and stop. Instead of stopping, Sanborn sped up and operated his vehicle in a reckless fashion. Trooper Worcester gave chase with his cruiser?s blue lights and siren activated. In less than two minutes, Sanborn turned from the Cram Road onto the Randall Lake Road. Trooper Worcester lost sight of the Sanborn vehicle momentarily, but less than a minute after entering the Randall Lake Road, Trooper Worcester came upon the Sanborn vehicle in the process of turning around on the roadway. The Sanborn vehicle, now driving in the opposite direction toward the cruiser, struck the cruiser head on. Trooper Worcester recalled later that his cruiser had nearly come to a stop in the roadway when Sanborn?s vehicle struck it. Trooper Worcester reported the crash by radio and other troopers in the general area started toward the scene of the crash. Concerned that Sanborn would attempt to strike his cruiser again, Trooper Worcester got out of the cruiser.

In the meantime, Sanborn, whose vehicle was off the road and in a ditch area, successfully operated his vehicle past the cruiser and was attempting to drive his vehicle back onto the roadway. Trooper Worcester got out of the cruiser and ran toward the Sanborn vehicle as it attempted to get back onto the roadway. At one point while still on foot and fearing that Sanborn?s vehicle was going to strike him, Trooper Worcester moved back and fell to the road. Regaining a standing position as the Sanborn vehicle negotiated back onto the road, Trooper Worcester, who had drawn his service weapon, fired two rounds at the vehicle as it sped off. Later investigation determined that neither round struck the vehicle.

According to Trooper Worcester, the Sanborn vehicle came within six to eight feet of him on a collision course. Trooper Worcester said he believed at the time that it was Sanborn?s intent to hit him. He also thought that other police units were close by and also at risk of being rammed by the Sanborn vehicle. Because Sanborn had intentionally rammed the cruiser and then attempted to hit Trooper Worcester while on foot, Trooper Worcester reasonably believed that Sanborn would use deadly force against responding officers.

None of the officers responding to Trooper Worcester?s location reported seeing the Sanborn vehicle. About an hour after Sanborn left Worcester?s location on the Randall Lake Road, however, Sanborn?s vehicle was located by a trooper in a gravel pit off the Cram Road. The vehicle had driven through a security gate causing additional damage to the vehicle. About two hours later, Sanborn was found and taken into custody.

State Police detectives and evidence technicians assisted the Attorney General?s Office in this investigation. The State Police also conducted its own internal review of the event.

-end-

Contact: Kate Simmons, Special Assistant to the Attorney General, (207) 626-8577

Maine Students Will Gather in Augusta to Celebrate Civil Rights

May 14, 2009

MEDIA ADVISORY
May 14, 2009

Maine Students Gather in Augusta to Celebrate Civil Rights

Contact: Thom Harnett, Assistant Attorney General for Civil Rights Education and Enforcement Phone: (207) 626-8897

WHAT: Civil Rights Team Project Spring Convention

WHERE: Augusta Civic Center

WHEN: Monday, May 18, 2007

TIME: 8:30 AM - 1:30 PM

On Monday, May 18, 2009 almost 1,000 students and faculty members from 70 Maine elementary, middle and high schools will gather at the Augusta Civic Center for the Statewide Conference of the Civil Rights Team Project (CRTP). The CRTP, a project of the Office of the Attorney General, is a student-led program designed to reduce bias and harassment in Maine?s schools. At the Statewide Conference, students from across Maine will attend workshops designed to increase their understanding of bias-based harassment and ways to confront it.

Attorney General Janet T. Mills will speak at the conference providing the keynote address to open the day at 8:30 am. After that, students and faculty will have the opportunity to attend a variety of workshops.

A complete conference agenda is available on request.

#

FOR IMMEDIATE RELEASE
May 19, 2009

Contact: Kate Simmons Special Assistant to the Attorney General (207) 626-8577

Attorney General?s Civil Rights Team Project Holds Statewide Conference for Students

AUGUSTA ? Over 1,000 students from across Maine gathered at the Augusta Civic Center today for the Statewide Conference of the Civil Rights Team Project, a effort of the Office of the Attorney General. Representing over 70 schools from across the state, these students celebrated their work on civil rights and learned more about how to combat hate violence, prejudice, harassment and bias in their schools and communities. At the conference, students attended workshops designed to increase their understanding of issues confronting students in Maine schools around bias-based harassment.

Conference attendees each belong to a school-based Civil Rights Team (CRTP) which is a student-led program administered by the Office of the Attorney General and designed to reduce bias and harassment in Maine?s schools. Students from grades 3-12 and their faculty advisors are eligible to participate in the program and can receive training at 15 regional training events held around the state in the fall of each academic year. Over 220 schools in Maine have Civil Rights Teams.

?The students on our CRTP are passionate and committed to creating a school where everyone feels safe even though they are sometimes criticized by their peers for daring to speak up when an injustice is done,? said Colleen Fitzgerald, Faculty Advisor for Old Town High School?s Civil Rights Team. ?They are also incredibly brave. The students simply ask everyone to think before they speak and do everything they can to be respectful of the rights of others to be emotionally and physically safe at school and in the community.?

Civil rights team school projects have included encouraging community leaders and students in Piscataquis county to sign pledges to end prejudice, a summit at Coastal Ridge Elementary School in York on the importance of diversity, leadership, respect and togetherness, a ?Not in Our School? campaign at Etna-Dixmont School to end name calling and publishing an international cookbook in Lewiston Middle School.

Gabriella do Amaral, a member of the Old Town High School Civil Rights Team, said, ?Civil rights teams change the climate in schools. It can be really meaningful when students and teachers know people who inform them about social justice issues. The school becomes a safer place and people change the way they treat others. Differences should not stop anyone from receiving an education or feeling safe.?

During the conference, students and faculty will have the opportunity to attend a variety of workshops, including sessions lead by a acclaimed children?s book author Fred Lipp of Whitefield and mime and musician Scot Cannon of Belfast. Students in middle school and high school will have sessions on topics such as the history of Malaga Island, prejudice, genocide and the Holocaust, gender roles and stereotypes, Maine?s newest residents from other countries, harassment of sexual minority youth in schools and strategies to eradicate it, and the treatment of Native Americans in the media. The day will close with entertainment provided by acclaimed and gifted drummer Jordan Benissan who is originally from Togo.

Attorney General Mills said, ?These students are Maine?s leaders in ending hate speech, prejudice and violence against minorities. They are helping Maine become the most welcoming, the most tolerant and the fairest state in the nation. I salute their work.? -end-

Attorney General?s Civil Rights Team Project Holds Statewide Conference for Students

FOR IMMEDIATE RELEASE
May 19, 2009

Contact: Kate Simmons, Special Assistant to the Maine Attorney General Phone: (207) 626-8577

Attorney General?s Civil Rights Team Project Holds Statewide Conference for Students

AUGUSTA ? Over 1,000 students from across Maine gathered at the Augusta Civic Center today for the Statewide Conference of the Civil Rights Team Project, a effort of the Office of the Attorney General. Representing over 70 schools from across the state, these students celebrated their work on civil rights and learned more about how to combat hate violence, prejudice, harassment and bias in their schools and communities. At the conference, students attended workshops designed to increase their understanding of issues confronting students in Maine schools around bias-based harassment.

Conference attendees each belong to a school-based Civil Rights Team (CRTP) which is a student-led program administered by the Office of the Attorney General and designed to reduce bias and harassment in Maine?s schools. Students from grades 3-12 and their faculty advisors are eligible to participate in the program and can receive training at 15 regional training events held around the state in the fall of each academic year. Over 220 schools in Maine have Civil Rights Teams.

?The students on our CRTP are passionate and committed to creating a school where everyone feels safe even though they are sometimes criticized by their peers for daring to speak up when an injustice is done,? said Colleen Fitzgerald, Faculty Advisor for Old Town High School?s Civil Rights Team. ?They are also incredibly brave. The students simply ask everyone to think before they speak and do everything they can to be respectful of the rights of others to be emotionally and physically safe at school and in the community.?

Civil rights team school projects have included encouraging community leaders and students in Piscataquis county to sign pledges to end prejudice, a summit at Coastal Ridge Elementary School in York on the importance of diversity, leadership, respect and togetherness, a ?Not in Our School? campaign at Etna-Dixmont School to end name calling and publishing an international cookbook in Lewiston Middle School.

Gabriella do Amaral, a member of the Old Town High School Civil Rights Team, said, ?Civil rights teams change the climate in schools. It can be really meaningful when students and teachers know people who inform them about social justice issues. The school becomes a safer place and people change the way they treat others. Differences should not stop anyone from receiving an education or feeling safe.?

During the conference, students and faculty will have the opportunity to attend a variety of workshops, including sessions lead by a acclaimed children?s book author Fred Lipp of Whitefield and mime and musician Scot Cannon of Belfast. Students in middle school and high school will have sessions on topics such as the history of Malaga Island, prejudice, genocide and the Holocaust, gender roles and stereotypes, Maine?s newest residents from other countries, harassment of sexual minority youth in schools and strategies to eradicate it, and the treatment of Native Americans in the media. The day will close with entertainment provided by acclaimed and gifted drummer Jordan Benissan who is originally from Togo.

Attorney General Mills said, ?These students are Maine?s leaders in ending hate speech, prejudice and violence against minorities. They are helping Maine become the most welcoming, the most tolerant and the fairest state in the nation. I salute their work.?

#

Attorney General Mills and Secretary of State Dunlap Announce Operation False Charity Law Enforcement Sweep

May 20, 2009

FOR IMMEDIATE RELEASE May 20, 2009

CONTACT: Kate Simmons, 207-626-8577

Operation False Charity Law Enforcement Sweep Attorney General and Secretary of State Joined by FTC, 48 States in Bringing 76 Actions Against Fraudulent Solicitors Nationwide

AUGUSTA - In a nationwide, federal-state crackdown on fraudulent charitable solicitors, Attorney General Janet T. Mills and Secretary of State Matthew Dunlap joined the Federal Trade Commission and 61 other agencies in 48 states and the District of Columbia to announce Operation False Charity. As a part of Operation False Charity, the Federal Trade Commission and these state agencies announced 76 enforcement actions and released new education materials to help consumers recognize and avoid charitable solicitation fraud.

?Charitable giving is a powerful way to benefit organizations who work to improve communities across Maine and throughout the world. During these challenging economic times, it is wise to be cautious, however, and verify that your donations are going to a legitimate organization, and not to scam artists,? said Attorney General Mills.

In the State of Maine, charitable organizations must either be licensed or receive an exemption from licensure to be able to solicit donations from members of the public. Non-profit entities doing business in the state are required to register with the Bureau of Corporations, Elections & Commissions. To find out if a non-profit is authorized to conduct business in the state please call 207-624-7752 or go online to use the Department's Interactive Corporate Service: http://icrs.informe.org/nei-sos-icrs/ICRS.

Secretary of State Dunlap said, ?It's important for people to know that there are plenty of resources available to them to assure that their charitable dollars are going to a charity and not some scheme. Attorney General Mills and I are committed to assisting the public in any way we can to provide the transparency needed for people to make informed choices."

As part of Operation False Charity, Attorney General Mills announced that during the past eighteen months eight cease and desist letters were issued to unlicensed charities who were soliciting donations in Maine. While four of the charities promptly applied for and received licenses to solicit funds, one of the charities entered into a consent agreement in which it admitted to unlicensed practice and paid a $7,500 fine in exchange for receiving a license. One charity did not report disciplinary proceedings from another state on its renewal application and paid a $500 fine. Another charity did not submit proper financial information and it paid a $1,000 fine. In the last several years, the Office of the Attorney General has also brought actions against two Maine non-profit corporations and their officers and directors for violations of Maine?s laws governing nonprofit corporations and charities. The settlements reached resulted in the judicial dissolution of The Gentle Wind Project, and the appointment of a new board of directors for the Seal Cove Auto Museum.

The FTC today issued a new consumer alert providing tips about charities that solicit donations on behalf of veterans and military families, which can be found on the agency?s web site at: http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt157.shtm.

While many legitimate charities are soliciting donations to support the nation?s military veterans, not all are charities that are legitimate, some are operators whose only purpose is to make money for themselves. Others are paid fundraisers whose fees can use up most of a donation. The new alert, ?Supporting the Troops: When Charities Solicit Donations on Behalf of Vets and Military Families,? offers the following tips to help consumers ensure that their donations go to a legitimate charity. Many of these tips apply to other charitable giving as well.

? Recognize that the words ?veterans? or ?military families? in an organization?s name don?t necessarily mean that veterans or the families of active-duty personnel will benefit from your donation.

? Donate to charities with a track record and a history. Charities that spring up overnight may disappear just as quickly.

? If you have any doubt about whether you?ve made a pledge or a contribution, check your records. If you don?t remember making the donation or pledge, resist the pressure to give.

? Check out an organization before donating. Some phony charities use names, seals and logos that look or sound like those of respected, legitimate organizations.

? Call the office that regulates charitable organizations to see whether the charity or fundraising organization has to be registered in your state.

? Do not send or give cash donations. For security and tax record purposes, it?s best to pay by check made payable to the charity.

? Ask for a receipt showing the amount of your contribution.

? Be wary of promises of guaranteed sweepstakes winnings in exchange for a contribution. You never have to give a donation to be eligible to win a sweepstakes.

Sites where consumers can check out a charity include: www.guidestar.org ? Guidestar www.bbb.us/charity - Better Business Bureau Wise Giving Alliance www.charitynavigator.org - CharityNavigator www.charitywatch.org - American Institute of Philanthropy

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Jury Finds Former Physician's Assistant Guilty of Drug, Violation of Privacy, Theft and Prostitution Charges

June 18, 2009

Jury Finds Former Physician?s Assistant Guilty of Drug, Violation of Privacy, Theft, and Prostitution Charges

June 18, 2009 Leanne Robbin, Assistant Attorney General 207-626-8581

Attorney General Janet T. Mills announced today that a Lincoln County jury found former Physician?s Assistant Richard ?Dik? Brackett, age 66, of Gardiner, Maine guilty of Unlawful Trafficking in Scheduled Drugs (Class B), Four Counts of Violation of Privacy (Class D), Engaging a Prostitute (Class D), and Theft by Deception (Class C). The jury was deadlocked on one count of Unlawful Trafficking in Scheduled Drugs (Class B) and one count of Unlawful Furnishing Scheduled Drugs (Class C). The jury heard five days of testimony and issued their decision after three and a half days of deliberations.

Brackett worked as a Physician?s Assistant at his Urgent Care clinic in Boothbay Harbor from 1997 through 2006. In June of 2006, the Healthcare Crimes Unit of the Attorney General?s Office opened an investigation after one of Brackett?s female patients reported that Brackett was trying to obtain sexual favors in exchange for narcotics prescriptions. In a recorded phone call, Brackett offered a second female patient 10 Vicodin pills in exchange for sex. After two controlled purchases of drugs and prescriptions monitored by law enforcement, Healthcare Crimes detectives, assisted by officers of the Boothbay Harbor Police Department and the Lincoln County Sheriff?s Department, executed a search warrant at Brackett?s clinic in July of 2006. During the search, the officers discovered that Brackett had installed cameras hidden in clock radios in a bathroom and three apartments rented to tenants in the upstairs of the clinic. Images of the tenants? beds and the toilet in the bathroom were transmitted to a computer monitor in Brackett?s exam room. The investigation also revealed that Brackett was defrauding MaineCare by charging the State for drug deals as if they were legitimate office visits.

Brackett is free on bail pending his sentencing, which will be scheduled later in the summer.

?Prescription drug diversion has become an epidemic in Maine,? said Attorney General Mills. ?The Office of the Attorney General will aggressively investigate and prosecute health care providers who furnish narcotics to known addicts. I look forward continued work with local law enforcement agencies to prevent other irresponsible health care providers from illegally prescribing prescription drugs.?

Attorney General Mills would like to thank Detective Jeffrey Wrigley of the Office of Attorney General?s Healthcare Crimes Unit for his work investigating this case, and Assistant Attorneys General Lisa R. Bogue, Michael Miller and Leanne Robbin for their work prosecuting this case.

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New Portland Practitioner Voluntarily Surrenders License for Improperly Prescribing Pain Medication

June 22, 2009

CONTACT: Kate Simmons (207) 626-8577

June 22, 2009 FOR IMMEDIATE RELEASE

New Portland Practitioner Voluntarily Surrenders License for Improperly Prescribing Pain Medication

AUGUSTA -Virginia A. LaNoce of New Portland has entered into a consent agreement with the Maine State Board of Nursing to voluntarily surrender her advanced practice registered nurse license. LaNoce violated several statutes and rules of the Maine State Board of Nursing, including engaging in incompetence in practice, unprofessional conduct, inadequate preparation, and failing to take appropriate action to safeguard patients. She was also found to have prescribed, dispensed, administered and distributed drugs in an unsafe manner.

?It is the duty of healthcare providers to correctly prescribe pain and other medication to patients,? stated Attorney General Janet T. Mills. ?Overprescribing medication fuels the abuse of prescription drugs in Maine. We can greatly reduce prescription drug diversion by disciplining health care providers who irresponsibly overprescribe dangerous drugs.?

The Maine State Board of Nursing entered into a consent agreement with LaNoce after reviewing her patient records. LaNoce?s records showed that she failed to keep adequate records, failed to assess patients before prescribing narcotics, prescribed narcotics that were inappropriate for the diagnosis, and failed to perform consistent drug screens of patients receiving controlled pain medication. In one instance, LaNoce mailed a prescription to a patient?s friend who filled the prescription and gave it to the patient who was in jail. LaNoce should have relied upon the health care provider at the jail to assess the patient for pain.

Attorney General Mills would like to thank Detective Pete Lizanecz of the Office of the Attorney General and Assistant Attorney General John Richards for their extensive work on this case.

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Attorney General Mills Announces Multi-State Settlement with the TJX Companies, Inc Over Massive Data Breach

June 23, 2009

FOR IMMEDIATE RELEASE

Contact: Kate Simmons
(207) 626-8577

ATTORNEY GENERAL MILLS ANNOUNCES MULTI-STATE SETTLEMENT WITH THE TJX COMPANIES, INC. OVER MASSIVE DATA BREACH

Maine to Receive $38,670.05 to Help Ensure Protection of Personal Data

AUGUSTA ? Attorney General Janet T. Mills and with 40 other State Attorneys General announced a settlement with the TJX Companies, Inc. a Delaware-based company that owns TJ Maxx, Marshall?s and HomeGoods stores. The Assurance of Discontinuance between the parties resolves an investigation of TJX?s data security practices. The investigation focused on whether TJX had implemented sufficient safeguards to protect customers? financial information against a massive data breach that placed thousands of consumers? personal data at risk.

?It is critical for all companies who have access to customers? personal financial information to have comprehensive protections in place to prevent that data from being compromised,? said Attorney General Janet T. Mills. ?Anything less is unacceptable.?

TJX has agreed to pay $9.75 million to the states and to implement and maintain a comprehensive information security program to address weaknesses in TJX?s computer security systems that were in place at the time of the breach. Under the terms of the settlement, Maine will receive $38,675.00 to aid consumer protection enforcement and efforts to protect consumers? personally-identifiable information.

In 2007, after TJX announced that certain persons had obtained unauthorized access to its computer systems and seized cardholder data and other personally identifiable information, the coalition of Attorneys General conducted an extensive investigation into TJX?s data security policies and procedures in place when the breach occurred.

That investigation uncovered a number of alleged vulnerabilities and flaws in TJX?s data security systems that may have allowed both the unlawful intrusion and its ability to continue undetected. Today?s settlement reflects the lessons learned from that data breach and requires TJX to implement an information security program designed to guard against future intrusions or unauthorized disclosures. The Assurance?s relief is the most comprehensive relief achieved to date following a data breach investigation.

This settlement ensures that TJX will employ a comprehensive ?Information Security Program? that assesses risks to consumers? personal information, implements safeguards to protect that consumer information, and regularly monitors and tests the efficacy of those safeguards. TJX also will report regularly to the Attorneys General on the efficacy of its program and obtain a third-party assessment of its systems. Under the Information Security Program required by the Assurance, TJX must also:

? Upgrade all Wired Equivalency Privacy (?WEP?) based wireless systems in TJX retail stores to wired systems or Wi-Fi Protected Access (?WPA?) wired systems;

? Delete credit card or debit card data from its network after that data has been used for legitimate business purposes.

? Use firewalls, access controls or other appropriate measures to separate areas of the TJX computer system that store, process or transmit personal information from network-based portions of the TJX computer system.

? Implement proper security password management for portions of the TJX computer system that store, process or transmit personal information.

Section IV of the Assurance sets forth the general and specific requirements of the Information Security Program required under the Assurance.

Of the $9.75 million monetary payment under the settlement, $5.5 million will be dedicated to data protection and consumer protection efforts by the states, and $1.75 million will be used to reimburse the Attorneys General for costs and fees of the investigation. The remaining $2.5 million of the settlement will fund a Data Security Trust Fund to be used by the State Attorneys General to advance enforcement efforts and policy development in the field of data security and protection of consumers? financial personal information.

The 41 States participating in today?s agreement are Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia, Wisconsin, and the District of Columbia.

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Attorney General Finds Biddeford Officer Acted in Self-Defense

June 25, 2009

Attorney General Janet T. Mills has concluded that Biddeford Police Sergeant Jeffrey Greene was legally justified under the Maine Criminal Code when he shot and killed Barbara Stewart, 47, the evening of March 24, 2009, outside her residence on Main Street in Biddeford.

The Attorney General is charged by law with the direction of any criminal investigation of a law enforcement officer who, while acting in the performance of that officer's duties, uses deadly force. The function of the Attorney General?s investigation and review is to determine whether self defense or defense of others as defined in the Criminal Code is reasonably generated on the facts so as to preclude a criminal prosecution.

The review does not include whether there is any civil liability, whether any administrative action is warranted or whether, in hindsight, the use of deadly force was potentially avoidable.

Maine law defines deadly force as physical force that a person uses with the intent of causing, or that a person knows to create a substantial risk of causing, death or serious bodily injury. Under Maine law, for a law enforcement officer to be justified in using deadly force for self defense or the defense of others, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that deadly force is necessary to meet or counter that imminent threat.

The Attorney General?s investigation and analysis concluded that Sgt. Greene actually and reasonably believed that unlawful deadly force was being imminently threatened against him by Ms. Stewart, and that other officers in the immediate vicinity were imminently threatened with death or serious bodily injury by the actions of Ms. Stewart. Further, the investigation determined that Sgt. Greene actually and reasonably believed that deadly force on his part was necessary to counter the imminent threat against himself and others.

The Attorney General reported the following findings from her office's investigation:

On March 24, 2009, at about 7:18 p.m., Barbara Stewart, a resident of 356 Main Street in Biddeford, placed a 911 call to the Biddeford Police Department. She told the dispatcher: ?I?m gonna kill myself or somebody else and I have a gun.? When the police dispatcher tried to engage Stewart in further conversation, she terminated the call. Several Biddeford police officers, including Sgt. Greene, immediately responded to the call. About three minutes after the call, Sgt. Greene, Sgt. Philip Greenwood, and Officer Benjamin Sholl, driving separate cruisers, arrived within seconds of one another near Stewart?s home on Main Street. A video camera in Officer Sholl?s cruiser captured the events that followed.

Barbara Stewart was standing on the sidewalk at the base of the stairway leading to the apartment building in which she resided. Sgt. Greene observed Stewart but believed her to be a pedestrian unrelated to the call for service. Sgt. Greene walked toward Stewart. Officer Sholl had parked his cruiser immediately west of the intersection of St. Mary?s Street and Main Street and was still in his cruiser when Greene walked past him. Sgt. Greenwood was on foot a short distance behind Sgt. Greene.

Sgt. Greene, still walking toward the woman and about 30 feet from her, asked her if she was a resident of the apartment house and she responded that she was. By now, Officer Sholl was out of his cruiser, and Sgt. Greenwood was still generally behind Sgt. Greene on the sidewalk. Sgt. Greene, now about 20 feet from the woman, asked her which apartment she lived in. Stewart turned slightly so as to directly face Sgt. Greene, reached into her clothing, and displayed what appeared to Greene and the other officers to be a semi-automatic pistol. Sgt. Greene, while retreating, broadcast on his portable radio that ?she?s pointing a gun at me.? It was later determined that this broadcast occurred slightly more than a minute after Greene?s arrival at the location.

All three officers saw Stewart grasp the pistol with two hands and point it directly at Sgt. Greene. All three officers drew their service weapons and began issuing commands for Stewart to drop her gun. Simultaneously, Stewart started walking directly toward Sgt. Greene as Greene and the other two officers sought cover. Sgt. Greenwood retreated close to a building next door, while Officer Sholl was able to retreat back to his cruiser. Sgt. Greene remained focused on Stewart as she advanced on him with the gun pointed directly at him. He first retreated into the street, and then took a stationery position next to a utility pole. Using the pole as partial cover, Sgt. Greene, as well as Officer Sholl and Sgt. Greenwood, issued repeated commands for Stewart to drop her weapon. There were at least 15 such commands. Stewart, still walking toward Greene with the gun pointed at him, responded ?no? at least twice to the commands to drop the gun.

When Stewart was within what Sgt. Greene believed was about 10 feet from him, he recalls asking her if the pistol was real and Stewart responding, ?It?s ready.? Sgt. Greene also recalls recognizing that Officer Sholl and Sgt. Greenwood were somewhere close behind him. As Stewart, still holding her gun in both hands and pointing it at Greene, advanced even closer to him, Sgt. Greene discharged what would be the first of three rounds at Stewart. The round struck Stewart in her left shoulder. As a result of being shot, Stewart crouched forward and down and her gun struck the sidewalk. Instantaneously, however, she stood upright with the gun in her hand with the muzzle still pointed at Sgt. Greene. At the same time, Sgt. Greene discharged two more rounds in quick succession, the second of which was later determined to have struck Stewart in the upper chest. Later investigation disclosed that Stewart had advanced from about 45 feet of Sgt. Greene to within 9-11 feet of Sgt. Greene when she was shot.

Medical assistance arrived within minutes. Stewart was later pronounced dead at a Biddeford hospital. From the time Sgt. Greene arrived at the location on Main Street to the time he discharged his weapon at Stewart, one minute and 22 seconds elapsed.

The investigation that followed determined that Stewart was armed with a silver and black pellet air pistol designed to shoot .177 caliber pellets. The pistol is similar in appearance and configuration to a semi-automatic pistol. The weapon fired by Sgt. Greene was a .45 caliber pistol. A post-mortem examination by the Office of the Chief Medical Examiner revealed that Stewart was struck by two rounds from Sgt. Greene?s gun and that she died as a result of the gunshot wounds. Later investigation also disclosed that Stewart had left a dated handwritten suicide note in her apartment in which she directed the disposition of her belongings.

Detectives from the Attorney General?s Office and the Biddeford Police Department, as well as police forensic specialists, conducted the investigation at the scene. The Biddeford Police Department cooperated fully with the investigation by the Attorney General?s Office, and conducted its own extensive review of the incident.

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Contact: Brian MacMaster, Director of Investigations (207) 626-8520

Attorney General Mills Announces $5.9 Million Settlement with DISH Network

July 16, 2009

July 16, 2009
Contact: Kate Simmons Phone: (207) 626-8577

Attorney General Janet T. Mills Announces $5.9 Million Settlement with DISH Network Satellite Company Stacked Up Complaints About Sales Practices

AUGUSTA- Attorney General Janet T. Mills announced that DISH Network, L.L.C. will pay $5,991,000 to settle consumer protection allegations with attorneys general in 46 states. The states alleged the satellite TV provider and its third-party retailers engaged in deceptive and unfair sales practices. The company has denied any wrongdoing, but has agreed to settle the complaints for a sizable amount of money and to change the way it does business.

In addition to the $5.9 million settlement, DISH Network agreed to pay restitution to consumers and to enter into an agreement that limits how it can market services in the future. Maine will receive $20,000 of the settlement to dedicate to consumer protection work.

Attorney General Mills said, ?Companies who treat consumers unfairly will be investigated and strongly encouraged to improve their business practices. With this settlement, consumers who received insufficient services or were overcharged by DISH Network, L.L.C will have the opportunity to be reimbursed for their losses.?

The settlement resolves the states? allegations that DISH Network:

?Refused to accept responsibility for the misconduct of its third-party retailers and installers;

?Made telemarketing calls to consumers in violation of do-not-call rules;

?Failed to disclose all terms and conditions of their customer agreements, including the availability of rebates, credits and free offers;

?Did not disclose that purchased or leased equipment was previously used and/or refurbished;

?Made reference to competitors? price offers when the goods or services being compared were materially different; and

?Charged customer credit cards and debited their bank accounts without providing adequate notice and obtaining appropriate authorization.

Tennessee led the multistate investigation along with Maryland, Missouri, Pennsylvania, and Washington. The following states participated in the settlement: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

CONSUMER REFUNDS:

Unresolved complaints that were sent to DISH Network or the Maine Attorney General since January 1, 2004 are eligible for the restitution program. DISH Network will send a claims notice to those consumers who are eligible for the restitution program. Additionally, Maine consumers can file a complaint no later than December 15, 2009 with the Attorney General?s Office at: Attorney General's Consumer Information and Mediation Service, 6 State House Station, Augusta, Maine, 04333.

Consumers who are not satisfied with the company?s offer of restitution may choose to file a claim to be decided by a third-party claims administrator. Questions or complaints regarding the refund process can be addressed to: DISH Network, L.L.C., Dispute Resolution Team, P.O. Box 9040, Littleton, CO, 80120 or by e-mail at CEO@dishnetwork.com.

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Attorney General Finds Cumberland County Deputy Sheriffs Acted in Self-Defense in Sebago

August 21, 2009

AUGUSTA - Attorney General Janet T. Mills has concluded that Cumberland County Deputy Sheriffs David Hall and Stephen Welsh acted in self-defense under the Maine Criminal Code when they shot and wounded Douglas A. Tenczar, age 41, the evening of October 22, 2008, at Tenczar?s home in Sebago.

The Attorney General is charged by law with the direction of any criminal investigation of a law enforcement officer who, while acting in the performance of that officer's duties, uses deadly force. The function of the Attorney General?s investigation and review is to determine whether self defense or defense of others as defined in the Criminal Code is reasonably generated on the facts so as to preclude a criminal prosecution.

The review does not include whether there is any civil liability, whether any administrative action is warranted or whether, in hindsight, the use of deadly force was potentially avoidable.

Maine law defines deadly force as physical force that a person uses with the intent of causing, or that a person knows to create a substantial risk of causing, death or serious bodily injury. Under Maine law, for a law enforcement officer to be justified in using deadly force for self defense or the defense of others, two requirements must be met. First, the officer must actually and reasonably believe that deadly force is imminently threatened against the officer or a third person. Second, the officer must reasonably believe that deadly force is necessary to meet or counter that imminent threat.

The Attorney General?s investigation and analysis concluded that Deputy Hall reasonably believed that deadly force was imminently threatened by Mr. Tenczar against him, and Deputy Welsh similarly believed that such force was imminently threatened by Mr. Tenczar against Deputy Hall. Further, Attorney General Mills concluded that Deputy Hall reasonably believed that deadly force on his part was necessary to protect him from that imminent threat, and that Deputy Welsh similarly believed that such force on his part was necessary to protect Deputy Hall from the imminent threat posed by Mr. Tenczar.

The Attorney General reported the following findings from her office's investigation:

On October 22, 2008, shortly after 6 p.m., the Cumberland County Sheriff?s Office received a 911 call. The caller reported that three young women in a vehicle on Route 114 in Sebago were threatened with the display of a handgun by a man in another vehicle in what was described as a ?road rage? incident. Initial investigation resulted in three deputy sheriffs, Sgt. David Hall, Stephen Welsh, and Peter Anderson, arriving near the home of a suspect, Douglas Tenczar, on the Ledge Road in Sebago within 30 minutes of the initial 911 call. All three deputies were in uniform and each was operating a marked police cruiser.

Observing a fence with an open gate at the entrance to the driveway, the deputies parked their cruisers and walked to the Tenczar residence, which they observed to be well illuminated by interior lights. They observed a vehicle matching the description of the vehicle involved in the road rage incident parked next to the residence. Sgt. Hall and Deputy Welsh scanned the interior of the vehicle with flashlights, and observed no gun. Deputy Welsh reported hearing a noise from inside the house like ?chairs moving or something falling,? as well as a man inside the house voicing something indecipherable. The deputies walked onto an outside deck. Sgt. Hall instructed Deputy Anderson to watch the front of the house; Sgt. Hall and Deputy Welsh walked along the outside deck. Deputy Welsh saw no one in the house when he looked through a window on the side of the house and then through a window in a door on the side of the house. Sgt. Hall stopped at the side door while Deputy Welsh continued on the wraparound deck slightly past the corner of the house, stopping at a rear sliding glass door. Sgt. Hall and Deputy Welsh were at that point 12?16 feet apart from one another on the exterior deck. None of the deputies had drawn their weapons. Their intention was to question Tenczar concerning the reported road rage incident.

Sgt. Hall, on the deck at the side door and still seeing no one inside the house, knocked on the door. Sgt. Hall saw no one inside the home at that precise moment, but Deputy Welsh observed a man ? later identified as Tenczar ? lying on the kitchen floor. Seconds later, both Sgt. Hall and Deputy Welsh observed, from their respective positions, Tenczar move quickly around a bar in the kitchen and disappear through an interior doorway toward the rear of the house. Deputy Welsh said that Tenczar ran in a ?low crouch.? Sgt. Hall announced over his portable radio that Tenczar had fled to the back of the house.

According to both Sgt. Hall and Deputy Welsh, they saw Tenczar immediately reappear with a shotgun in a crouched position. Sgt. Hall observed that Tenczar was looking directly at him as Tenczar started to approach him. Sgt. Hall drew his service weapon while moving to the left side of the door. Tenczar continued to close the short distance to where Sgt. Hall stood. Sgt. Hall observed Tenczar raise the shotgun to his shoulder and point it directly at him. Deputy Welsh also saw Tenczar bring the shotgun to his shoulder and point it directly at Sgt. Hall. Deputy Welsh heard Sgt. Hall yell, ?He?s got a gun,? and he observed Tenczar ?tracking? the weapon along the wall toward his (Welsh?s) position. At this same moment, Sgt. Hall was moving along the deck away from the side door and stopped at a kitchen window. When Sgt. Hall observed through the window that Tenczar was continuing toward him with the shotgun pointed directly at him, he fired his service weapon twice at Tenczar. Simultaneously, Deputy Welsh, still at the rear sliding glass door, fired his service weapon three times at Tenczar. Tenczar, struck by the deputies? gunfire, fell to the floor.

Deputy Anderson, who was outside the front of the residence, heard a ?thump? inside the residence as the three deputies approached the outside deck. He heard the other deputies knocking on the door and saw a man inside the residence ? later identified as Tenczar ? flee to the rear of the house. Within seconds, Deputy Anderson heard Sgt. Hall shout that the man had a gun, and he observed the man with a long gun approaching the door where Sgt. Hall was standing on the deck. He observed the man bring the gun to his shoulder and point it in Sgt. Hall?s direction. Deputy Anderson drew his service weapon and aimed it at Tenczar, but did not shoot at Tenczar for fear of striking Deputy Welsh who he knew to be on the deck at the rear of the house. Deputy Anderson also observed Tenczar ?tracking? Sgt. Hall?s position with the shotgun. When Deputy Anderson attempted to move to a better position, he heard what turned out to be the discharge of both Sgt. Hall?s and Welsh?s weapons, and saw Tenczar fall to the floor.

Deputy Anderson?s cruiser contained a dash-mounted video camera, which recorded an audio broadcast from a remote microphone on Deputy Anderson?s uniform during the incident at Tenczar?s residence. Heard on the recording is Sgt. Hall knocking at the door of the residence and Welsh shouting several times, ?Come to the door.? Seconds later, a deputy is heard saying, ?He?s armed.? Gunshots are heard about a half minute after Sgt. Hall?s knock on the door. Later investigation disclosed that at the time Tenczar was shot, he was about 16 feet from Sgt. Hall, and 18 feet from Deputy Welsh.

Sgt. Hall administered first aid to Tenczar until the arrival of emergency medical technicians. Tenczar was taken to a hospital for treatment. He was thereafter flown by helicopter to a Lewiston hospital for further treatment of three gunshot wounds to the groin, right shoulder, and right arm. Toxicology tests at the time of his initial hospital treatment disclosed that Tenczar had a blood-alcohol level of at least 0.28%, as well as marijuana and benzodiazepines[1] in his system.

Detectives from the Attorney General?s Office went to the scene of the shooting to conduct an investigation. They were assisted by detectives and forensic specialists from the Cumberland County Sheriff?s Office and the State Police. The Sheriff?s Office cooperated fully with the investigation and conducted its own internal review of the incident.

Benzodiazepines are a class of drug commonly known as tranquilizers and sleeping pills, and are predominantly used for conditions associated with anxiety or sleeping problems.

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Contact: Kate Simmons Phone: (207) 626-8577

Contractor Sentenced to 60 Days in Jail for Tax Evasion

August 28, 2009

FOR IMMEDIATE RELEASE
August 27, 2009

Contact: Leanne Robbin Assistant Attorney General, Phone: (207) 626-8573

Contractor Sentenced to 60 Days in Jail for Tax Evasion

AUGUSTA?Attorney General Janet T. Mills announced today that Christopher W. Janes, 42, of South Berwick, Maine, has been sentenced in York District Court to 60 days in jail for failing to file and pay state income taxes from 2002 through 2007. Janes, a drywall contractor, had a gross income ranging from $36,000 to over $290,000 during the relevant time period, and failed to file or pay any state taxes.

His case was referred to the Maine Revenue Services Criminal Investigations Unit from the agency?s Non-Filer Unit, which identifies those individuals who are required to pay income tax and fail to do so. Following the investigation, the State determined that Janes owes $64,695.22 in tax and interest for the six year period.

On August 27, 2009, Janes pled guilty to six counts Failure to File and Pay Income Taxes, all Class D crimes. Each count is punishable by up to 364 days in jail and a $2,000 fine. After argument before the court, Judge Andre Janelle imposed a sentence of 364 days, all but 60 days suspended, followed by one year administrative release, on count 6 of the criminal complaint. The court imposed a second year of administrative release for the remaining counts. The conditions of administrative release are that Janes liquidate an annuity, currently valued at approximately $18,000, and make restitution to the State.

?We expect every Maine citizen to do his or her part in paying taxes to support our roads, our schools and other State services,? said Attorney General Mills. ?My office will bring criminal prosecutions and seek significant jail sentences, when appropriate, against Maine citizens who do not fulfill their tax obligations.?

The Attorney General?s Office would like to thank the Maine Revenue Services Criminal Investigations Unit for investigating this case.

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Skowhegan Man Sentenced for Timber Theft

August 28, 2006

FOR IMMEDIATE RELEASE
August 27, 2009
Contact: Leanne Robbin Assistant Attorney General, Phone: (207) 626-8581

Skowhegan Man Sentenced for Timber Theft

AUGUSTA, Maine ? In a decision issued this week, a Superior Court justice sitting in Lincoln County Superior Court ordered Logger Gerald Nelson, Jr. to pay $94,558.69 in restitution to 10 victims of his timber theft upon his release from prison. Nelson has been incarcerated since August 7, 2008, when he was sentenced by Justice Andrew M. Horton to five years in prison following a trial in June, 2008, on charges of theft from woodlot owners in six counties in Maine, as well as in New Hampshire.

Justice Horton also ordered Gerald Nelson Jr., 42, of Skowhegan, to serve two years probation following his release from prison, according to an announcement by the Maine Forest Service and the Office of the Attorney General

A jury sitting in Kennebec County found Nelson guilty in June, 2008, of theft by deception from 10 private landowners and Sappi Paper Co.

He was sentenced on August 7, 2008, to five years in prison on the theft from the 10 landowners and three years in prison, all suspended, on the theft from Sappi. In addition to the charges for which he went to trial, Nelson pleaded guilty in September, 2008, to theft from an eleventh landowner with a woodlot in New Hampshire and was sentenced to a consecutive prison term of two years, all suspended, and one more year of probation.

Under the conditions of probation, he will be prohibited from working in the woods and he will be required to pay the restitution set by the court. The restitution hearing was held on August 18, 2009, and the court issued its decision this week.

?The Office of the Attorney General will continue to prosecute and seek restitution and jail time from loggers who unethically harvest timber,? Assistant Attorney General Leanne Robbin. ?Woodlot owners should contact the nearest Maine Forest Service forest ranger if they suspect timber is being illegally harvested from their land.?

The timber thefts committed by Nelson occurred between July, 2000, and October, 2006 from landowners with woodlots in Augusta, Fairfield, Newport, Freedom, Peru, Carmel, Sumner and Canton, as well as a town in New Hampshire.

Maine Forest Service forest rangers and foresters worked as a team with a detective from the Attorney General?s Office to identify the woodlots and track down the trip tickets and scale slips associated with each lot. Because Nelson falsified the names of the landowners and the location of the woodlots on the trip tickets, the truckers who transported the wood became material witnesses in identifying where the wood in fact came from, according to the Attorney General?s Office.

The MFS forest rangers used tax maps and landowner complaints to identify the actual landowner/victims.

The Maine Forest Service has information and resources for landowners who are considering a harvest of their woodlots. In order to avoid becoming a victim of timber theft, the Maine Forest Service recommends that landowners take the following steps: ? Keep all property lines well marked and brushed out. ? Know who the adjacent property owners are. ? Have someone keep an eye on your property if you are away for a significant period of time. ? Should you suspect someone is cutting wood on your property, call the nearest Forest Ranger. ? Never give oral permission for someone to harvest your timber. ? Always have a written contract for all timber harvesting. ? Keep all copies of scale slips and payment documents associated with each timber sale for at least one year after the timber harvest. ? Hire a licensed forester to formulate a management plan, supervise the harvest, and ensure that you are receiving fair market prices for the wood. For more information on preventing timber theft, call 1-800-750-9777 or go to: www.maineforestservice.gov

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Attorney General Janet T. Mills Announces Major Settlements Against World's Largest Drug Manufacturer

September 2, 2009

FOR IMMEDIATE RELEASE

Contact: Kate Simmons Phone: (207) 626-8577

Attorney General Janet T. Mills Announces Major Settlements Against World?s Largest Drug Manufacturer

AUGUSTA- Attorney General Janet T. Mills announced that Maine has joined with the federal government and other states to reach two separate settlement agreements with Pfizer Inc., the world?s largest manufacturer of pharmaceuticals. Pfizer will pay the State of Maine nearly two million dollars in restitution and penalties in the two settlements.

The first agreement, which includes the federal government, settles allegations that Pfizer and its subsidiaries paid kickbacks and engaged in off-labeling marketing campaigns that improperly promoted certain Pfizer drugs. Pfizer will pay the federal government and the states a total of $2.3 billion in civil damages, penalties and criminal fines and forfeitures?the largest settlement ever in a health care fraud matter. Maine will receive $1,434,131.36 of this settlement.

In this multi-drug settlement, Pfizer will pay the states and the federal government a total of $1 billion in civil damages and penalties to compensate Medicaid, Medicare, and other federal healthcare programs for harm suffered as a result of its conduct. In addition, Pharmacia & Upjohn Company, Inc., a Pfizer subsidiary, has agreed to plead guilty to a felony violation of the Food, Drug, and Cosmetic Act (FDCA) and to pay a criminal fine and forfeiture of $1.3 billion. The criminal allegations center on illegal marketing and promotion of Bextra, an anti-inflammatory drug which Pfizer pulled from the market in 2005. Pharmacia & Upjohn Company, Inc. has agreed to plead guilty to a felony violation of the FDCA for misbranding the drug with the intent to defraud or mislead.

The government entities alleged that Pfizer engaged in a pattern of unlawful marketing activity to promote drugs for certain uses which the Food and Drug Administration (FDA) had not approved. While it is not illegal for a physician to prescribe a drug for an unapproved use, federal law prohibits a manufacturer from promoting a drug for uses not approved by the FDA. This promotional activity included:

  • Marketing Bextra for conditions and dosages other than those for which it was approved;

  • Promoting the use of the antipsychotic drug Geodon for a variety of off-label conditions such as attention deficit disorder, autism, dementia and depression for patients that included children and adolescents;

  • Selling the pain medication Lyrica for unapproved medical conditions;

  • Making false representations about the safety and efficacy of Zyvox, an antibiotic which had been approved only to treat certain drug-resistant infections.

In addition to improper off-label marketing of drugs, Pfizer is alleged to have illegally compensated health care professionals to induce them to promote and prescribe Bextra, Geodon, Lyrica, Zyvox, Aricept, Celebrex, Lipitor, Norvasc, Relpax, Viagra, Zithromax, Zoloft and Zyrtec. These payments allegedly took many forms that included entertainment, cash, travel and meals. Federal law prohibits payment of anything of value in exchange for the prescribing of a product paid for by a federal health care program.

As a condition of the settlement, Pfizer will enter into a Corporate Integrity Agreement with the United States Department of Health and Human Services, Office of the Inspector General, which will closely monitor the company?s future marketing and sales practices.

In a second and unrelated settlement, Maine and 42 other states have entered into a $33 million dollar multistate agreement with Pfizer Inc. for its alleged illegal promotion of Geodon to consumers. Pfizer has agreed to change its marketing of Geodon, including not promoting it for ?off-label? uses that have not been approved by the U.S. Food and Drug Administration (FDA). The State of Maine will receive $476,304 from Pfizer from this settlement.

Geodon is the brand name for the prescription drug ziprasidone, which has been approved by the FDA for treatment of schizophrenia in adults and for manic or mixed episodes of bipolar disorder in adults. The State alleges that Pfizer illegally promoted Geodon for a number of off-label uses, which included its use in treating children, and at higher than FDA-approved dosages. Although a physician may prescribe drugs for off-label uses, federal law prohibits pharmaceutical manufacturers from marketing their products for off-label uses.

?The Office of the Attorney General will continue to be vigilant in monitoring the pharmaceutical industry to ensure that drugs are marketed in a fair and transparent manner,? said Attorney General Mills. ?To follow the law, drug manufacturers must provide consumers with accurate information to enable them to make well-informed health care decisions.?

Under the multistate settlement, Pfizer has agreed to post on its website a list of physicians and other entities who received payments from Pfizer; to provide product samples of Geodon only to certain health care providers who customarily treat patients with certain kinds of conditions; to register and to post the results of certain clinical trials; to disclose information about grants on its website; and to require medical seminars to disclose Pfizer?s financial support of their programs and Pfizer?s financial relationship with faculty and speakers.

Attorney General Mills expressed great appreciation to Assistant Attorney General Michael Miller for her work on the federal settlement and Assistant Attorney General Carolyn Silsby for her work on the Geodon settlement.

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Court Determines Online Marketing Law Could Infringe on Constitutional Rights

September 9, 2009

Case 1:09-cv-00396-JAW Document 19 Filed 09/09/2009 Page 1 of 1

UNITED STATES DISTRICT COURT

DISTRICT OF MAINE

MAINE INDEPENDENT COLLEGES )
ASSOCIATION, MAINE PRESS )
ASSOCIATION, NETCHOICE, AND )
REED ELSEVIER, INC., )
)
     Plaintiffs, )
)
v. ) CV-09-396-B-W
)
GOVERNOR JOHN BALDACCI )
and ATTORNEY GENERAL JANET )
MILLS, in their official capacities, )
and JOHN DOE, )
)
     Defendants. )

STIPULATED ORDER OF DISMISSAL

The Court finds that the Plaintiffs have met their burden of establishing a likelihood of success on the merits of their claims that Chapter 230 is overbroad and violates the First Amendment. The Attorney General has acknowledged her concerns over the substantial overbreadth of the statute and the implications of Chapter 230 on the exercise of First Amendment rights and accordingly has committed not to enforce it. She has also represented that the Legislature will be reconsidering the statute when it reconvenes. As a result, third parties are on notice that a private cause of action under Chapter 230 could suffer from the same constitutional infirmities.

In light of these considerations, the parties have agreed to a dismissal of this action without prejudice and the Court hereby SO ORDERS.

/s/John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
CHIEF UNITED STATES DISTRICT JUDGE

Dated this 9th day of September, 2009

Attorney General Mills Issues Opinion on the Implications of LD 1020 on Maine School Curricula

October 15, 2009

FOR IMMEDIATE RELEASE

Contact: Kate Simmons, Communications Director Phone: 207-626-8577

Attorney General Issues Opinion on the Implications of LD 1020 on Maine School Curricula

Susan A. Gendron, Commissioner Maine Department of Education 23 State House Station Augusta, ME. 04333-0023

RE: Referendum Question 1

Dear Commissioner Gendron:

You have asked about the implications of LD 1020, PL 2009, ch. 82, ?An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom,? on the development of school curricula in our state. My office?s analysis of the issue reveals no impact on the curricula of Maine?s public schools.

LD 1020, as enacted by the Legislature and signed into law by the Governor on May 6, 2009, expands the availability of civil marriage to couples of the same gender. It also reaffirms the strict prohibitions on marriage by related parties, marriage by persons under disability and multiple marriages. It then allows a specific religious conscience exception, prohibiting any court or state or local governmental entity from interfering with any religious institution?s policy or teachings.

The provisions of this new law pertain expressly to Title 19-A, which defines in what instances the state will recognize a couple?s marriage, when a premarital agreement is authorized, how a marriage is dissolved by the court through divorce or separation, how married individuals are obligated to support one another and their children, the rights of children and the division of marital property upon dissolution of a marriage and many other rights and responsibilities surrounding the legal institution of marriage.

The status of marriage as legally defined in Title 19-A also incidentally determines rights of inheritance, rights to tort claim damages, right to medical information, the right of privilege against disclosure of private communications, the right of priority as guardian or conservator or custodian of a deceased?s remains and other rights and responsibilities under Maine?s civil laws.

I have scoured Maine laws relating to the education of its children for any references to marriage in the public school curricula. I have found none.

As you are well aware, the guidelines for Maine?s public school curricula are established by the ?Maine Learning Results,? which set out educational standards for mathematics, reading, science and technology, as well as minimum graduation requirements in English, math, science and other core subjects. These guidelines are then reviewed at the local level as locally elected school boards determine the exact content of each district?s curricula. Nothing in state law dictates that any particular text books or other reading materials should be used or made available in the public schools.

In fact, for parents concerned about educational practices in Maine, safeguards for persons with religious beliefs are already provided in the law: The Maine Learning Results statute, 20-A M.R.S.A. sec. 6209, requires ?accommodation provisions for instances where course content conflicts with sincerely held religious beliefs and practices of a student?s parent or guardian.?

Thus, if parents with religious beliefs which do not permit them to vote do not wish their children to be taught about their duty to vote in civics classes, for instance, they could seek accommodation under this law. Likewise, parents with religious beliefs which prohibit dancing might seek accommodation for their child regarding physical education classes that involved dancing. (See Dept. of Educ. 05 071 CMR 127-3.07, which requires the local superintendent to make accommodations before asking the Commissioner for assistance.).

The political process, to which the courts often refer, also provides a recourse for families who wish to participate in the development of curricula in their local schools. See 20-A M.R.S.A. secs. 1001(6) & (10-A) (duty of the school board to ?approve educational materials?).

I have reviewed the one Massachusetts case cited by certain advocates in opposition to the marriage measure passed by our legislature. That case, Parker v. Hurley, 514 F.3d 87 (1st Cir.2008), cert. den., 129 S.Ct. 56 (U.S.2008), does not stand for the proposition that any particular educational materials must be taught, used or referred to in that state?s public schools. That case declared, regardless of that state?s definition of marriage, that there is no federal First Amendment right to prior review of books made available in the public schools. The case does pointedly make reference to the parents? political recourse through the local school board.

Importantly, there was no allegation in the Parker case of ?a formalized curriculum requiring students? to read books ?affirming gay marriage? or anything that constituted ?coercion? or any viable claim of ?indoctrination,? according to the court, ibid, 105-07; any such practices which offend religious beliefs would probably have been struck down. Nor did the decision turn on any provision of state law relating to either marriage or education.

The holding of the Parker case would apply to any parents who might not want their child to be exposed to certain viewpoints in a public school, whether it be discussions limited only to traditional heterosexual marriage; or depictions of adoption families, foster care and other nontraditional family situations; or discussions of differing theories of government, religion, philosophy, science or history. Parker simply states that there is no automatic federal judicial remedy for such objections to educational materials.

Whatever the benefits and burdens of the civil institution of marriage, the state?s definition of marriage has no bearing on the curricula in our public schools, either under current law or under LD 1020. Neither the Parker decision nor passage of LD 1020 ?requires? or ?allows? the teaching of any particular subject in our schools, in answer to the citizen question attached to your letter.

What is taught in private or religious schools, of course, may include the principles and religious tenets of those organizations regarding family institutions and other subjects, and nothing in LD 1020 would change that prerogative of private or religious institutions to instill those beliefs in their children either at home or at their schools.

I trust this letter adequately addresses your question and the concerns of citizens who have sought advice from your department.

Very truly yours,

Janet T. Mills Attorney General

JTM/ms

Attorney General Finds Portland Police Officers Acted in Self-Defense

October 16, 2009

AUGUSTA - Attorney General Janet T. Mills has concluded that Portland police officers Benjamin Roper and Joshua Wiseman acted in self-defense when they fatally shot David O. Okot, age 26, the evening of April 25, 2009, outside an apartment building on Weymouth Street in Portland.

The Attorney General is charged by law with investigating any law enforcement officer who, while acting in the performance of that officer's duties, uses deadly force. The function of the Attorney General?s investigation is to determine whether self-defense or defense of others, as defined in the Maine Criminal Code, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there might be any civil liability, whether any administrative action is warranted, or whether the use of deadly force may have been avoidable.

Under Maine law, for an individual to be justified in using deadly force for self-defense or the defense of others, two requirements must be met: First, the individual must reasonably believe that deadly force is imminently threatened against the individual or against someone else and, second, the individual must reasonably believe that deadly force is necessary to counter that imminent threat.

The Attorney General?s investigation concluded that Officers Roper and Wiseman reasonably believed that deadly force was imminently threatened by Mr. Okot against them. Further, Attorney General Mills concluded that both officers reasonably believed it was necessary to use deadly force to protect them from that imminent threat.

The Attorney General reported the following findings from the investigation:

On Saturday, April 25, 2009, at 7:37 p.m., the Portland Emergency Communications Center received a cellular telephone call from a resident who reported that he had just seen a man displaying a handgun in the area of Weymouth and Grant Streets in Portland. He said the man was carrying the gun in his waistband and that he had pulled his shirt up to show him the gun. He described the gun as a silver-colored 9mm or .45 caliber handgun. The caller described the man as an intoxicated black male who was wearing a white tee shirt, jeans, a white hooded sweatshirt, and a blue baseball cap.

When the report was broadcast by dispatch, Portland police officers Benjamin Roper and Joshua Wiseman were close to the area of Weymouth and Grant Streets. Both were in uniform and patrolling together in a marked police cruiser. The cruiser was equipped with a video camera. About two minutes after receiving the report, the officers drove onto Weymouth Street from Park Avenue, where both immediately observed a black male who fit the description in the broadcast. The man was standing on the sidewalk close to another person. It appeared to the officers that the two men were together. The black male, whom the officers did not know, was later identified as David O. Okot. The officers observed no other persons in the immediate area. Both officers focused on Okot because he matched the description of the man with the gun.

Upon sighting the cruiser coming up the street, Okot quickened his pace while the second man walked off in another direction. The officers got out of their cruiser in front of a multi-unit apartment building at 5 Weymouth Street and told Okot they needed to speak with him. Okot ran up the stairs to the front entrance to 5 Weymouth Street and tried to open the door to the apartment building, but the door was locked. Reacting to Okot?s rapid flight and the belief that he was armed, the officers, then situated at the bottom of the stairs, trained their service weapons on Okot, and ordered him to ?show your hands.?

Okot refused, telling the officers that he had done nothing wrong. A second man on the small porch appeared to the officers to be an associate of Okot and they viewed him as a potential threat. Officers Roper and Wiseman kept ordering Okot to ?show your hands.? Okot refused the commands, instead responding angrily more than once ?F--- you!? and telling the officers he would not show his hands. Officer Wiseman stepped in front of Officer Roper onto a bottom step while continuing to order Okot to ?show your hands.? Okot continued to refuse and paced back and forth on the landing, carrying a cellular telephone in his left hand. The officers were unable to see what Okot was doing with his right hand but observed that he kept moving his hands to the waistband of his pants.

Another Portland police officer, Nicholas Goodman, arrived on the scene and observed Officers Roper and Wiseman shouting commands to Okot to ?show your hands.? Officer Goodman focused on the second man standing on the landing and ordered this second man to ?show your hands.? While it appeared to Officer Goodman that this man was trying to comply, it also appeared to him that the man was preparing to jump off the landing.

The officers saw Okot lower his left shoulder forward while pulling the right side of his body back, a position commonly referred to as a ?fighter?s stance.? As Okot turned away from the officers and moved his right hand under his sweatshirt near his waistband, both officers believed that Okot was reaching for a gun. While Officer Roper saw movement consistent with pulling out a gun, his view was partially blocked by Officer Wiseman in front of him on the stairs and he did not actually see a gun. Officer Wiseman, however, who was closer to Okot, saw a gun in Okot?s right hand at hip level pointed at him when Okot pulled his hand out from under his clothing. Both officers fired their weapons; Okot was struck several times and fell to the landing. Officer Wiseman said that he saw Okot?s gun being ?tossed? behind Okot. It is not known if Okot intentionally threw the gun or if the impact from being shot caused the gun to be thrown. About three minutes had elapsed since the arrival of Officers Roper and Wiseman at 5 Weymouth Street.

Officer Goodman confirmed that he saw Okot turn toward Officers Wiseman and Roper with a gun in his hand. Officer Goodman contemplated at that moment firing his own weapon at Okot, but doing so from his position placed others at risk of being struck. All the officers at that point were still concerned with potential threats from others. Officer Goodman and a fourth officer who arrived at the scene took the second man on the landing into custody as he jumped from the landing. Officer Goodman had observed an unidentified man just inside the door to the apartment building, who disappeared from view as soon as Officer Goodman made eye contact with him. Concerned about a potential threat from inside the building, two other officers carried Okot off the landing to a location a short ways up the sidewalk where he could be attended by emergency medical personnel. Unfortunately, Okot died at the scene.

Okot?s weapon, a .22 caliber semi-automatic pistol, was recovered at the scene about 67 feet from the porch landing of 5 Weymouth Street. Weymouth Street has a considerable downward slope in the immediate area of the incident. The gun bore damage consistent with it scraping against a rough surface such as street pavement. Later testing of the gun included the discovery of a DNA profile consistent with Okot?s DNA profile.

A postmortem toxicology determined that Okot?s blood alcohol concentration was 0.266%. The report also disclosed the presence of cocaine in Okot?s blood. There was cocaine found in Mr. Okot?s right rear pocket.

Detectives from the Attorney General?s Office went to the scene of the shooting to conduct an investigation, as did Dr. Margaret Greenwald, the state?s chief medical examiner. The investigation also included extensive review of a video recording made by a camera inside the cruiser used by Officers Roper and Wiseman. The Portland Police Department cooperated fully with the investigation and conducted its own internal review of the incident.

1 Later investigation, which included a complete neighborhood canvass and interviews with various residents, disclosed little to no pedestrian traffic in the immediate area around the same time as the incident. Some residents reported hearing gunshots, but only one ? a man on the porch landing with Okot ? fully witnessed the encounter between Okot and the police officers. It was later determined that this second man was not an associate of Okot, but rather someone whom Okot had approached and to whom Okot had shown a gun in his waistband that he offered to sell him. The man was interviewed and provided an account of the encounter between Okot and the officers that was consistent with those of the officers.

2 Later attempts to identify and interview this person were not successful.

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CONTACT: Kate Simmons(207) 626-8577

Statement of Attorney General Janet T. Mills Regarding TABOR II Proponents' Press Conference

October 26, 2009

FOR IMMEDIATE RELEASE October 26, 2009

Contact: Kate Simmons (207) 626-8577

Statement of Attorney General Janet T. Mills Regarding TABOR II Proponents' Press Conference

Taking everything the pro-Tabor lobbyists have said at face value, the paper work dropped off at the Attorney General?s Office after the TABOR II proponents' press conference this morning shows that:

A private sector lobbyist requested and organized a meeting for representatives of private business groups with the President of the Senate and the Speaker of the House.

The meeting agenda focused on the impact of ?Tabor II? on the construction industry, road engineers and the Maine economy generally.

A summary of the impact of Tabor II was prepared by a legislative staffer and was the principal talking point of the meeting.

Inquiries made by the professional staff of this office of attendees at the meeting revealed that no discussions or actions of an illegal or inappropriate nature occurred during the meeting.

Such meetings between private citizens, members of the business community with individual legislators, with committee chairs and with members of leadership of either party, to discuss the impact of particular legislation, including initiated bills, on their businesses is not unlawful and is, in fact, commonplace.

There is no indication either in the materials provided or in follow-up interviews that any laws were broken by any party.

-end-

Attorney General Sues Unlicensed Texas Debt Settlement Company Over Unfair and Deceptive Practices

November 16, 2009

Contact: Kate Simmons, Office of the Attorney General, (207) 626-8577 Doug Dunbar, Dept. of Financial and Professional Regulation, (207) 592-0843

FOR IMMEDIATE RELEASE November 16, 2009

ATTORNEY GENERAL MILLS SUES UNLICENSED TEXAS DEBT SETTLEMENT COMPANY OVER UNFAIR AND DECEPTIVE PRACTICES

Attorney General Janet Mills announced today that she has filed suit against Credit Solutions of America, Inc. (CSA) and its president, Douglas Van Arsdale, for unfair and deceptive practices in the marketing and provision of debt settlement services to hundreds of Maine consumers. This lawsuit follows an investigation conducted by staff in the Attorney General?s Office and at the Bureau of Consumer Credit Protection within Maine?s Department of Professional and Financial Regulation, which licenses debt management service providers. The lawsuit alleges that CSA violated the law by using deceptive and unfair practices in marketing debt settlement services, and for failing to register as a debt management service. The suit seeks to recover fees paid by Maine consumers to CSA, as well as civil penalties and costs.

?Whether we are in steady financial times or uncertain ones, debt management service providers must operate in a lawful and responsible manner,? said Attorney General Mills. ?We will use every tool that we have to protect consumers from illegal business practices that sink vulnerable consumers deeper into debt.?

CSA allegedly charged consumers more for its debt settlement services than allowed for by Maine law. The State alleges that CSA misrepresented the benefits of its program to consumers and failed to clearly and conspicuously disclose important conditions and terms of contracts. The State also alleges that CSA engaged in unfair business practices by exploiting vulnerable individuals in dire financial straits who will drop out of CSA?s program before their debts are settled but after CSA has been paid, in full or in part, for its services.

CSA has claimed that it will settle unsecured debt, usually credit card debt, by as much as 60% of the original debt amount. CSA?s contracts require consumers to pay CSA upfront fees before all their debts are settled. Many consumers have paid CSA in full months before CSA settles their debts. Consumers who enroll in CSA?s program are told to stop paying their creditors in order to save money each month towards settlement negotiated by CSA, which typically takes three to four years. Meanwhile, stopping all payment can result in default leading to more aggressive collection activities and legal action by creditors. Consumers are told to stop talking to their creditors and to refer all communications to CSA. CSA, however, frequently fails to respond to consumers? inquiries about CSA?s communications with creditors. Many times, settlements obtained by CSA are no better than what a consumer could obtain by dealing directly with her or his creditors.

Many Maine consumers who enrolled in CSA?s program dropped out long before their debts were settled. Many have found themselves in worse financial circumstances than they were before they hired CSA, due to higher account balances resulting from rising interest rates, penalty charges for missed payments, poor credit ratings, and lawsuits brought against them by creditors.

Maine?s Debt Management Services Act requires that providers of debt management services register with the Superintendent of the Bureau of Consumer Credit Protection and procure a $50,000 surety bond for the protection of consumers. CSA has never registered and has no surety bond. Maine law prohibits debt management service providers from charging more than a $75 set-up fee and more than 15% of the amount by which the consumer?s debt is reduced as part of each settlement. CSA charges 15% of the consumer?s total debt, a difference that costs Maine consumers thousands of dollars.

?Maine consumers face difficult financial challenges in these hard economic times. In looking for solutions to large debt, they should not be deceived and exploited by companies who prey on their misfortunes and provide no real assistance.? Mills said.

Superintendent Will Lund of the Bureau of Consumer Credit Protection cautions consumers who are considering hiring a debt management provider to review the roster of registered companies found on its website, www.Credit.Maine.gov, or to contact the Bureau at 1-800-332-8529 (1-800-DEBT-LAW) to make sure that the provider is properly registered.

?The Bureau of Consumer Credit Protection does not tolerate unlicensed and deceptive practices. We will continue to work with the Attorney General and other partners to stop violations of laws and to protect the public,? Superintendent Lund commented.

State of Maine v. Credit Solutions of America complaint

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Attorney General Announces Settlement with Vonage Regarding Cancellation Issues

Contact: Kate Simmons, (207) 626-8577

FOR IMMEDIATE RELEASE
November 16, 2009

ATTORNEY GENERAL ANNOUNCES SETTLEMENT WITH VONAGE REGARDING CANCELLATION ISSUES

Company will refund consumers and modify its cancellation and retention practices

Attorney General Janet Mills announced today that Maine and 31 other states have entered into a $3 million settlement with VONAGE, one of the nation?s largest providers of VoIP (Voice over Internet Protocol), an Internet-based telephone service. The settlement requires VONAGE to make significant changes in its business practices, particularly in marketing its service, and in handling consumer cancellation and refund requests. Maine will receive $45,000 from the settlement for consumer protection efforts.

VONAGE formerly paid incentives to its customer service representatives for retaining, or ?saving,? customers who tried to cancel. As a result, many consumers complained of their difficulty, or inability, to cancel service with VONAGE. The settlement establishes strict limitations on this practice, and requires recording and verification of these telephone calls. In addition, VONAGE must revise its disclosures regarding the offer of ?free? services, money back guarantees and trial periods.

?This settlement globally resolves the states? concerns about VONAGE?s deceptive marketing practices and poor customer service,? said Attorney General Mills.

Maine consumers or businesses who have filed complaints since January 1, 2004 with the Attorney General?s Office or another state regulatory agency may be eligible for restitution from VONAGE under the settlement if their complaint has not been resolved. New complaints under this settlement will be accepted until March 16, 2010 and will also be considered for restitution by VONAGE. VONAGE will have a minimum of 6 months to evaluate each complaint for eligibility under the terms for restitution under the settlement, and to make payment. A copy of the settlement will be available on the Attorney General?s web site at www.maine.gov/ag.

-end-

Attorney General Announces Settlement with Vonage Regarding Cancellation Issues

November 16, 2009

Contact: Kate Simmons, (207) 626-8577

FOR IMMEDIATE RELEASE
November 16, 2009

ATTORNEY GENERAL ANNOUNCES SETTLEMENT WITH VONAGE REGARDING CANCELLATION ISSUES

Company will refund consumers and modify its cancellation and retention practices

Attorney General Janet Mills announced today that Maine and 31 other states have entered into a $3 million settlement with VONAGE, one of the nation?s largest providers of VoIP (Voice over Internet Protocol), an Internet-based telephone service. The settlement requires VONAGE to make significant changes in its business practices, particularly in marketing its service, and in handling consumer cancellation and refund requests. Maine will receive $45,000 from the settlement for consumer protection efforts.

VONAGE formerly paid incentives to its customer service representatives for retaining, or ?saving,? customers who tried to cancel. As a result, many consumers complained of their difficulty, or inability, to cancel service with VONAGE. The settlement establishes strict limitations on this practice, and requires recording and verification of these telephone calls. In addition, VONAGE must revise its disclosures regarding the offer of ?free? services, money back guarantees and trial periods.

?This settlement globally resolves the states? concerns about VONAGE?s deceptive marketing practices and poor customer service,? said Attorney General Mills.

Maine consumers or businesses who have filed complaints since January 1, 2004 with the Attorney General?s Office or another state regulatory agency may be eligible for restitution from VONAGE under the settlement if their complaint has not been resolved. New complaints under this settlement will be accepted until March 16, 2010 and will also be considered for restitution by VONAGE. VONAGE will have a minimum of 6 months to evaluate each complaint for eligibility under the terms for restitution under the settlement, and to make payment.

Vonage settlement agreement

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Attorney General Sues Unlicensed Foreclosure Rescue/Mortgage Modification Companies

FOR IMMEDIATE RELEASE: November 24, 2009 Contact: Kate Simmons, Office of the Attorney General, (207) 626-8577 Doug Dunbar, Dept. of Financial and Professional Regulation, (207) 592-0843

Attorney General Sues Unlicensed Foreclosure Rescue/Mortgage Modification Companies

AUGUSTA, MAINE -- Attorney General Janet Mills today joined the Federal Trade Commission, the U.S. Department of Justice and the attorneys general of twenty-six other states in a national crackdown against foreclosure rescue and mortgage modification operations. These companies prey on consumers who are desperate to save their homes from foreclosure.

The Maine Attorney General has filed three separate lawsuits in Kennebec County Superior Court against three out-of-state businesses and their principals. The defendants are: Elect Group, LLC, Anthony Ferlanti and Emmanuele Zuccarelli (Florida); Help Modify Now Debt Solutions, Inc., Help Modify Now, Inc. and Chas Bain (California and Nevada); and US Advocate Law Group, P.C. and Jeff Nemerofsky (California). These lawsuits allege that the defendants used deceptive and unfair practices in marketing so-called ?debt settlement? services, in the form of foreclosure rescues and mortgage modifications, and that they failed to register as debt management services under Maine law. The suits seek the recovery of fees paid by Maine consumers to these defendants, as well as civil penalties and costs.

?A person?s home is not just their largest financial asset; it is the bedrock of their family, their anchor in the community, their children?s future and their legacy. These foreclosure rescue schemes take advantage of people threatened with foreclosure by demanding large upfront fees and doing little or nothing in return,? said Attorney General Mills.

?I am pleased to join a national effort to protect homeowners from unfair and deceptive practices. Maine homeowners need to know that there is legitimate help for those concerned about foreclosure. I encourage Maine consumers to talk to Maine registered non-profit counselors and to avoid paying fees to any entity without checking the state?s registry. Many times a homeowner can negotiate on their own without paying any fees to a debt management company. The money spent on these ?debt solution? services is better spent on paying down debt and negotiating with banks and other creditors,? Mills stated.

The three lawsuits follow investigations conducted by staff in the Attorney General?s Office and at the Bureau of Consumer Credit Protection within Maine?s Department of Professional and Financial Regulation, which licenses debt management service providers.

The defendants allegedly charged Maine consumers more for their debt settlement services than allowed for by Maine law. The State alleges that the defendants? illegally high upfront charges ranged from $1,000.00 to $4,300.00. Maine law prohibits debt management service providers from charging more than a $75 set-up fee and for charging more than 15% of the amount by which the consumer?s debt is reduced as part of each settlement. The State also alleges that the defendants misrepresented the benefits of their programs to consumers and refused to provide refunds when consumers asked for them after the defendants failed to prevent foreclosure. As a result, many Maine consumers found themselves in more dire financial straits than they were before they engaged the defendants. .

Maine?s Debt Management Services Act requires that providers of debt management services register with the Superintendent of the Bureau of Consumer Credit Protection and obtain a $50,000 surety bond for the protection of consumers. The defendants named in the recent lawsuits have never registered nor have they procured the required surety bond.

Superintendent Will Lund of the Bureau of Consumer Credit Protection stated that his agency has filed Cease & Desist Orders against 19 separate unlicensed debt management providers in the past 6 months, and that his staff has recovered more than $25,000 in restitution for Maine consumers during that time.

Lund cautions consumers who are considering hiring a debt management provider to review the roster of registered companies found on the agency?s website, www.Credit.Maine.gov, or to contact the Bureau at 1-800-332-8529 (1-800-DEBT-LAW) to make sure that the provider is properly registered.

?We hear every week from consumers who have found unlicensed companies on the Internet and who have sent funds to those companies without receiving any benefit,? Superintendent Lund commented. ?We will continue to work with the Attorney General and other partners to stop violations of laws and to protect the public,? he said.

AG Mills and Superintendent Lund advise homeowners facing foreclosure that they now have a right to mediate with their lenders during the court proceedings. Homeowners should not hesitate to ask for mediation; this is an informal opportunity to resolve a foreclosure problem under the guidance of a court-approved mediator.

Attorney General Sues Unlicensed Foreclosure Rescue/Mortgage Modification Companies

FOR IMMEDIATE RELEASE: November 24, 2009

Contact: Kate Simmons, Office of the Attorney General, (207) 626-8577 Doug Dunbar,Dept. of Financial and Professional Regulation, 207) 592-0843

Attorney General Sues Unlicensed Foreclosure Rescue/Mortgage Modification Companies

AUGUSTA, MAINE -- Attorney General Janet Mills today joined the Federal Trade Commission, the U.S. Department of Justice and the attorneys general of twenty-six other states in a national crackdown against foreclosure rescue and mortgage modification operations. These companies prey on consumers who are desperate to save their homes from foreclosure.

The Maine Attorney General has filed three separate lawsuits in Kennebec County Superior Court against three out-of-state businesses and their principals. The defendants are: Elect Group, LLC, Anthony Ferlanti and Emmanuele Zuccarelli (Florida); Help Modify Now Debt Solutions, Inc., Help Modify Now, Inc. and Chas Bain (California and Nevada); and US Advocate Law Group, P.C. and Jeff Nemerofsky (California). These lawsuits allege that the defendants used deceptive and unfair practices in marketing so-called ?debt settlement? services, in the form of foreclosure rescues and mortgage modifications, and that they failed to register as debt management services under Maine law. The suits seek the recovery of fees paid by Maine consumers to these defendants, as well as civil penalties and costs.

?A person?s home is not just their largest financial asset; it is the bedrock of their family, their anchor in the community, their children?s future and their legacy. These foreclosure rescue schemes take advantage of people threatened with foreclosure by demanding large upfront fees and doing little or nothing in return,? said Attorney General Mills.

?I am pleased to join a national effort to protect homeowners from unfair and deceptive practices. Maine homeowners need to know that there is legitimate help for those concerned about foreclosure. I encourage Maine consumers to talk to Maine registered non-profit counselors and to avoid paying fees to any entity without checking the state?s registry. Many times a homeowner can negotiate on their own without paying any fees to a debt management company. The money spent on these ?debt solution? services is better spent on paying down debt and negotiating with banks and other creditors,? Mills stated.

The three lawsuits follow investigations conducted by staff in the Attorney General?s Office and at the Bureau of Consumer Credit Protection within Maine?s Department of Professional and Financial Regulation, which licenses debt management service providers.

The defendants allegedly charged Maine consumers more for their debt settlement services than allowed for by Maine law. The State alleges that the defendants? illegally high upfront charges ranged from $1,000.00 to $4,300.00. Maine law prohibits debt management service providers from charging more than a $75 set-up fee and for charging more than 15% of the amount by which the consumer?s debt is reduced as part of each settlement. The State also alleges that the defendants misrepresented the benefits of their programs to consumers and refused to provide refunds when consumers asked for them after the defendants failed to prevent foreclosure. As a result, many Maine consumers found themselves in more dire financial straits than they were before they engaged the defendants. .

Maine?s Debt Management Services Act requires that providers of debt management services register with the Superintendent of the Bureau of Consumer Credit Protection and obtain a $50,000 surety bond for the protection of consumers. The defendants named in the recent lawsuits have never registered nor have they procured the required surety bond.

Superintendent Will Lund of the Bureau of Consumer Credit Protection stated that his agency has filed Cease & Desist Orders against 19 separate unlicensed debt management providers in the past 6 months, and that his staff has recovered more than $25,000 in restitution for Maine consumers during that time.

Lund cautions consumers who are considering hiring a debt management provider to review the roster of registered companies found on the agency?s website, www.Credit.Maine.gov, or to contact the Bureau at 1-800-332-8529 (1-800-DEBT-LAW) to make sure that the provider is properly registered.

?We hear every week from consumers who have found unlicensed companies on the Internet and who have sent funds to those companies without receiving any benefit,? Superintendent Lund commented. ?We will continue to work with the Attorney General and other partners to stop violations of laws and to protect the public,? he said.

AG Mills and Superintendent Lund advise homeowners facing foreclosure that they now have a right to mediate with their lenders during the court proceedings. Homeowners should not hesitate to ask for mediation; this is an informal opportunity to resolve a foreclosure problem under the guidance of a court-approved mediator.

FOR IMMEDIATE RELEASE: November 24, 2009

FOR IMMEDIATE RELEASE: November 24, 2009

Contact: Kate Simmons, Office of the Attorney General, (207) 626-8577 Doug Dunbar, Dept. of Financial and Professional Regulation, 207) 592-0843

Attorney General Sues Unlicensed Foreclosure Rescue/Mortgage Modification Companies

AUGUSTA, MAINE -- Attorney General Janet Mills today joined the Federal Trade Commission, the U.S. Department of Justice and the attorneys general of twenty-six other states in a national crackdown against foreclosure rescue and mortgage modification operations. These companies prey on consumers who are desperate to save their homes from foreclosure.

The Maine Attorney General has filed three separate lawsuits in Kennebec County Superior Court against three out-of-state businesses and their principals. The defendants are: Elect Group, LLC, Anthony Ferlanti and Emmanuele Zuccarelli (Florida); Help Modify Now Debt Solutions, Inc., Help Modify Now, Inc. and Chas Bain (California and Nevada); and US Advocate Law Group, P.C. and Jeff Nemerofsky (California). These lawsuits allege that the defendants used deceptive and unfair practices in marketing so-called ?debt settlement? services, in the form of foreclosure rescues and mortgage modifications, and that they failed to register as debt management services under Maine law. The suits seek the recovery of fees paid by Maine consumers to these defendants, as well as civil penalties and costs.

?A person?s home is not just their largest financial asset; it is the bedrock of their family, their anchor in the community, their children?s future and their legacy. These foreclosure rescue schemes take advantage of people threatened with foreclosure by demanding large upfront fees and doing little or nothing in return,? said Attorney General Mills.

?I am pleased to join a national effort to protect homeowners from unfair and deceptive practices. Maine homeowners need to know that there is legitimate help for those concerned about foreclosure. I encourage Maine consumers to talk to Maine registered non-profit counselors and to avoid paying fees to any entity without checking the state?s registry. Many times a homeowner can negotiate on their own without paying any fees to a debt management company. The money spent on these ?debt solution? services is better spent on paying down debt and negotiating with banks and other creditors,? Mills stated.

The three lawsuits follow investigations conducted by staff in the Attorney General?s Office and at the Bureau of Consumer Credit Protection within Maine?s Department of Professional and Financial Regulation, which licenses debt management service providers.

The defendants allegedly charged Maine consumers more for their debt settlement services than allowed for by Maine law. The State alleges that the defendants? illegally high upfront charges ranged from $1,000.00 to $4,300.00. Maine law prohibits debt management service providers from charging more than a $75 set-up fee and for charging more than 15% of the amount by which the consumer?s debt is reduced as part of each settlement. The State also alleges that the defendants misrepresented the benefits of their programs to consumers and refused to provide refunds when consumers asked for them after the defendants failed to prevent foreclosure. As a result, many Maine consumers found themselves in more dire financial straits than they were before they engaged the defendants. .

Maine?s Debt Management Services Act requires that providers of debt management services register with the Superintendent of the Bureau of Consumer Credit Protection and obtain a $50,000 surety bond for the protection of consumers. The defendants named in the recent lawsuits have never registered nor have they procured the required surety bond.

Superintendent Will Lund of the Bureau of Consumer Credit Protection stated that his agency has filed Cease & Desist Orders against 19 separate unlicensed debt management providers in the past 6 months, and that his staff has recovered more than $25,000 in restitution for Maine consumers during that time.

Lund cautions consumers who are considering hiring a debt management provider to review the roster of registered companies found on the agency?s website, www.Credit.Maine.gov, or to contact the Bureau at 1-800-332-8529 (1-800-DEBT-LAW) to make sure that the provider is properly registered.

?We hear every week from consumers who have found unlicensed companies on the Internet and who have sent funds to those companies without receiving any benefit,? Superintendent Lund commented. ?We will continue to work with the Attorney General and other partners to stop violations of laws and to protect the public,? he said.

AG Mills and Superintendent Lund advise homeowners facing foreclosure that they now have a right to mediate with their lenders during the court proceedings. Homeowners should not hesitate to ask for mediation; this is an informal opportunity to resolve a foreclosure problem under the guidance of a court-approved mediator.

Attorney General Sues Unlicensed Foreclosure Rescue/Mortgage Modification Companies

November 24, 2009

FOR IMMEDIATE RELEASE: November 24, 2009

Contact: Kate Simmons, Office of the Attorney General, (207) 626-8577 Doug Dunbar, Dept. of Financial and Professional Regulation, 207) 592-0843

Attorney General Sues Unlicensed Foreclosure Rescue/Mortgage Modification Companies

AUGUSTA, MAINE -- Attorney General Janet Mills today joined the Federal Trade Commission, the U.S. Department of Justice and the attorneys general of twenty-six other states in a national crackdown against foreclosure rescue and mortgage modification operations. These companies prey on consumers who are desperate to save their homes from foreclosure.

The Maine Attorney General has filed three separate lawsuits in Kennebec County Superior Court against three out-of-state businesses and their principals. The defendants are: Elect Group, LLC, Anthony Ferlanti and Emmanuele Zuccarelli (Florida); Help Modify Now Debt Solutions, Inc., Help Modify Now, Inc. and Chas Bain (California and Nevada); and US Advocate Law Group, P.C. and Jeff Nemerofsky (California). These lawsuits allege that the defendants used deceptive and unfair practices in marketing so-called ?debt settlement? services, in the form of foreclosure rescues and mortgage modifications, and that they failed to register as debt management services under Maine law. The suits seek the recovery of fees paid by Maine consumers to these defendants, as well as civil penalties and costs.

?A person?s home is not just their largest financial asset; it is the bedrock of their family, their anchor in the community, their children?s future and their legacy. These foreclosure rescue schemes take advantage of people threatened with foreclosure by demanding large upfront fees and doing little or nothing in return,? said Attorney General Mills.

?I am pleased to join a national effort to protect homeowners from unfair and deceptive practices. Maine homeowners need to know that there is legitimate help for those concerned about foreclosure. I encourage Maine consumers to talk to Maine registered non-profit counselors and to avoid paying fees to any entity without checking the state?s registry. Many times a homeowner can negotiate on their own without paying any fees to a debt management company. The money spent on these ?debt solution? services is better spent on paying down debt and negotiating with banks and other creditors,? Mills stated.

The three lawsuits follow investigations conducted by staff in the Attorney General?s Office and at the Bureau of Consumer Credit Protection within Maine?s Department of Professional and Financial Regulation, which licenses debt management service providers.

The defendants allegedly charged Maine consumers more for their debt settlement services than allowed for by Maine law. The State alleges that the defendants? illegally high upfront charges ranged from $1,000.00 to $4,300.00. Maine law prohibits debt management service providers from charging more than a $75 set-up fee and for charging more than 15% of the amount by which the consumer?s debt is reduced as part of each settlement. The State also alleges that the defendants misrepresented the benefits of their programs to consumers and refused to provide refunds when consumers asked for them after the defendants failed to prevent foreclosure. As a result, many Maine consumers found themselves in more dire financial straits than they were before they engaged the defendants. .

Maine?s Debt Management Services Act requires that providers of debt management services register with the Superintendent of the Bureau of Consumer Credit Protection and obtain a $50,000 surety bond for the protection of consumers. The defendants named in the recent lawsuits have never registered nor have they procured the required surety bond.

Superintendent Will Lund of the Bureau of Consumer Credit Protection stated that his agency has filed Cease & Desist Orders against 19 separate unlicensed debt management providers in the past 6 months, and that his staff has recovered more than $25,000 in restitution for Maine consumers during that time.

Lund cautions consumers who are considering hiring a debt management provider to review the roster of registered companies found on the agency?s website, www.Credit.Maine.gov, or to contact the Bureau at 1-800-332-8529 (1-800-DEBT-LAW) to make sure that the provider is properly registered.

?We hear every week from consumers who have found unlicensed companies on the Internet and who have sent funds to those companies without receiving any benefit,? Superintendent Lund commented. ?We will continue to work with the Attorney General and other partners to stop violations of laws and to protect the public,? he said.

AG Mills and Superintendent Lund advise homeowners facing foreclosure that they now have a right to mediate with their lenders during the court proceedings. Homeowners should not hesitate to ask for mediation; this is an informal opportunity to resolve a foreclosure problem under the guidance of a court-approved mediator.

Attorney General Janet T. Mills Announces Grants Are Available to Assist Mental Health Organizations

December 4, 2009

FOR IMMEDIATE RELEASE
December 4, 2009

Attorney General Janet T. Mills Announces Grants Are Available to Assist Mental Health Organizations

Contact: Kate Simmons Phone: 626-8577

AUGUSTA - Attorney General Janet T. Mills announced today that she will accept grant proposals to assist her in distributing $68,900 awarded to the state as part of a 2008 settlement with the Gentle Wind Project.

In August of 2008, the Office of the Attorney General settled its claims against the Gentle Wind Project. As part of the settlement, the Office was awarded $138,981.81 to be distributed by the Attorney General "at his sole discretion" to a non-profit charitable organization whose mission is to assist people with mental health disabilities.

Over half of the settlement funds were distributed in 2008 to seven Maine mental health organizations, leaving approximately $68,900 remaining to be distributed. Attorney General Mills is now accepting grant proposals from innovative organizations that will use these funds to assist Maine people with mental illnesses.

The Attorney General is seeking organizations with proven track records who will continue to improve the support available to people with mental illnesses. To be eligible to submit a proposal, an organization must be a Maine public benefit corporation in good standing with the Secretary of State, be registered as a charitable organization with the Maine Department of Professional and Financial Regulation and be classified as a 501 (c)(3) public charity by the Internal Revenue Service. Grants cannot be made to individuals or to support candidates for political office. Grants cannot be used to influence legislation of any kind or to support sectarian or religious purposes.

To be considered, proposals must include:

? A clear statement of the need or problem to be addressed.

? The grant request amount

? A work plan and timeline for the project

? How your organization will determine if the project was successful

? Project and organization budget

? A list of the board of directors and officers

? An audited financial statement for the prior year (or the IRS 990 Report, if the organization did not have an independent financial audit).

Grant proposals will be accepted until January 15, 2010, and should be sent to Assistant Attorney General Linda Conti, 6 State House Station, Augusta, ME 04333.

-end-

Maine Lawyer Sentenced to 30 Days in Jail for Failure to File Income Taxes

January 8, 2010

FOR IMMEDIATE RELEASE

Contact: Leanne Robbin,
Assistant Attorney General (207) 751-2961

Alfred?Attorney General Janet Mills announced today that Stephen M. Brett, age 50, of York Beach, Maine has been sentenced by Justice Arthur Brennan in York County Superior Court to 30 days in jail for failing to file his state income tax returns for 2004, 2005 and 2006. Brett also pled no contest to a charge that he had commingled $3,625 entrusted to him in a real estate closing with his personal funds and used the money for personal purposes. He has also been placed on a deferred disposition following his plea of no contest to a charge of misuse of entrusted property.

Under the terms of the deferred disposition, he will pay restitution of $611 and file his outstanding state tax returns by April 15, 2010. If Brett compiles with the terms, the state will permit him to withdraw his no contest guilty plea and will dismiss the charge of misuse of entrusted property. Prior to the indictment, he had already repaid the $3,625. He will also be required to pay restitution for unpaid taxes and interest up to $3,315.

The charges all arose from a time when Brett was practicing as an attorney. Brett?s law license is currently under suspension.

Brett will report to jail on February 19, 2010.

Assistant Attorney General Leanne Robbin said, ?Attorneys are well aware of their obligation to pay their share of taxes. There is no excuse for an attorney who fails to fulfill that responsibility.?

Attorney General Mills would like to thank Assistant Attorney General Leanne Robbin for her excellent work on the case and thanks the Criminal Investigations Unit of Maine Revenue Services for their investigation.

-end-

Former Department of Health and Human Services Employee Sentenced to 30 Days in Jail for Forgery and Theft of Public Funds

January 11, 2010

FOR IMMEDIATE RELEASE

Contact: Leanne Robbin,
Assistant Attorney General, (207) 626-8581

Portland- Attorney General Janet Mills announced today that Ruth Hazelton, age 58, of Portland, Maine has been sentenced by Justice Thomas Warren in Cumberland County Superior Court to 30 days in jail for three counts of Aggravated Forgery, three counts of Misuse of Identification and three counts of Theft. Hazelton was a long term employee of the Maine Department of Health and Human Services who misused Electronic Benefit Cards that had been issued to two of the Department?s clients. Electronic Benefit Cards are issued to give recipients of public assistance and food stamps access to their benefits. Hazleton used the recipients? pin numbers to steal their benefits.

The total amount of the loss to the State resulting from Mrs. Hazelton?s forgeries and theft was $314.61.

Attorney General Leanne Robbin, Chief of the Office?s Financial Crimes and Civil Rights Division, stated, ?Most public employees work diligently on behalf of the people of the State of Maine, particularly in these difficult economic times. The Office of the Attorney General will request significant penalties when any public official breaches the public trust for his or her personal gain. Although the amount the State could prove as stolen in this case was small, the breach of trust was egregious and warranted jail time.?

Hazelton has been ordered to report to jail the week of January 22, 2010. Prior to sentencing, Mrs. Hazelton had completed 240 hours of public service. She has been ordered to pay the restitution in the amount of $314.61.

Attorney General Janet T. Mills would like to thank the Fraud Investigation and Recovery Unit of the Department of Health and Human Services for their diligent investigation of this matter.

-end-

Commercial Fisherman Sentenced to Jail for Failure to Pay Income Taxes

January 22, 2010

For Immediate Release

Contact: Gregg D. Bernstein,
Assistant Attorney General (207) 626-8800

Ellsworth?Attorney General Janet T. Mills announced today that Timothy Cook, age 28, of Bernard, Maine, will serve six months in jail for failure to file his income tax returns for the years 2003 through 2007. Cook, a commercial fisherman, pleaded guilty on January 21, 2010. He was sentenced by Justice Kevin Cuddy in Hancock County Superior Court to two years, all but six months suspended, and 2 years of probation. These charges were felonies because Cook had previously been convicted for his failure to file taxes during the years 1999 through 2001.

At the time Mr. Cook was sentenced he paid $2,500 towards the restitution for unpaid tax from 2003 to 2008. Under the terms of probation Mr. Cook will pay additional restitution in the amount of $15,000 and file future tax returns as normally required.

Attorney General Mills commented, "All contractors, including commercial fisherman, need to make sure that taxes are set aside regularly to ensure that they pay their fair share in taxes, as their neighbors do. My office will take strong action against those individuals who fail to pay their state income taxes."

Mr. Cook was ordered to begin his six-month sentence immediately.

Attorney General Mills thanks Maine Revenue Services' Criminal Investigations Unit for their work on the investigation and Assistant Attorney General Gregg D. Bernstein for his work on this case.

-end-

Attorney General Releases Eighth Annual Maine Domestic Abuse Homicide Review Panel Report

January 28, 2010

Attorney General Janet T. Mills made the following comments at a press conference on January 28, 2010:

We are here to release the eighth annual report of the Maine Domestic Abuse Homicide Review Panel. There are several recommendations from this report that I would like to highlight for you today.

First and foremost, this report is about working to prevent another domestic abuse homicide. One of the most practical recommendations outlined is this report is to let victims know that they should never return to the house of their abuser alone. Three of the seventeeen cases reviewed were cases in which a victim returned to the residence/household to retrieve personal or their children?s belongings without police escort. These victims killed when they returned to the home of their abuser.

Our most important advice to persons leaving any relationship is: Don?t go back alone, always ask for police escort/assistance. Our advice to every police officer is to take these requests for assistance very seriously; help whenever you can. It will make a difference. You will save lives.

Secondly, this report notes that domestic abuse also includes intrafamilial violence and violence between parents and children. These situations can be prevented by adhering to medication plans prescribed by medical professionals. Our message to families, educators, and mental health professionals is: Take threats or talk of suicide and threats of violence very seriously. Threats can escalate into violence against themselves and family members, and result in homicides that may have been prevented.

Thirdly, I believe we are making progress to put protections into place for people seeking protection from abusive relationships. The Protection from Abuse (PFA) process has indeed saved lives. Few if any of the murders examined in this report occurred while a protection from abuse order was in effect. This tells me that, most likely, protection orders are working.

But the PFA process is perhaps underutilized. We must continue to work to educate victims in abusive relationships that PFAs are available and can help protect them from a situation that could become even more violent and deadly.

Lastly, the presence of children at scenes of domestic homicide is disturbing. In the cases reviewed by the panel, fourteen minor children lost a parent, or sometimes both parents, to DV homicides.

These children, no matter where they are, no matter how strong their other family or community ties are, no matter how resilient they seem, they need intensive professional and community help and understanding. Schools, counselors, extended family need to extend themselves to make sure these children receive therapy, kindness, patience and love.

For the rest of us, these acts of violence quickly become yesterday?s news. For these children, the trauma never leaves, the after-shocks last a lifetime.

Overall, the statistics on domestic violence are valid across county lines, across economic strata and all social circles.

While Maine still has one of the lowest crime rates in the country, domestic violence is an issue that remains one of the highest priorities to all of us in law enforcement and in social services in Maine. There were thirty one homicides in 2008, sixty-five per cent of them were family or relational abuse.

For nearly thirty years we?ve had in place a self-help remedy, protection from abuse orders. Yet an estimated 30,000 adults are victims of domestic violence in our state in one year alone.

We have tightened the criminal laws and broadened the scope of protection orders. We have instituted a mandatory arrest policy and broadened the prohibitions on possession of firearms.

What is it we?re not doing? I suggest that most of what we?ve done to date has been to put a band-aid on the problem, after it occurs.

We need to focus on prevention.

We need adult male role models for those children who have none?and there are many more than ever before.

We need men?those Nascar heroes, baseball luminaries, music and movie stars?to send the message to boys and young men in Maine, that ?heroes don?t hit;? that it?s cool to walk away; that the best way to get even is to ignore the person offending you and to find another outlet; to let off steam at the gym not in the kitchen; that anger is normal, but violence is not.

In recent years the office of the Attorney General has authorized sworn domestic violence investigators to cross jurisdictional lines in order to enforce bail conditions and protection order provisions. I believe we have saved hundreds of lives by taking this measure.

And we are taking a closer look at the long term impact of domestic violence on children in the household who grow up thinking that such behavior is the norm.

I would like to thank Margo Batsie and Lisa Marchese from the Attorney General's office, and the members of the Domestic Abuse Homicide Review Panel, for their tireless work on this report. It is our hope that this information will prevent further domestic violence homicides. Our job will not be done until no one dies as a result of domestic abuse in Maine.

The report can be found online at: http://www.maine.gov/ag/dynld/documents/8th%20Report%20of%20the%20Maine%20Domestic%20Abuse%20Homicide%20Review%20Panel.pdf -end-

Attorney General Releases Report on Use of Deadly Force by Lewiston Police Officers on December 1, 2009

February 22, 2010

FOR IMMEDIATE RELEASE

CONTACT: Kate Simmons, (207) 626-8577

Attorney General?s Report on Use of Deadly Force by Lewiston Police Officers on December 1, 2009

AUGUSTA - Attorney General Janet T. Mills has concluded that two Lewiston police officers, Raymond Vega and Keith Caouette, acted in self-defense when they shot at Kristy Lee Cookson, age 28, the evening of December 1, 2009, in Lewiston. The incident resulted in Cookson being struck and wounded by a single gunshot.

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of that officer's duties. The function of the Attorney General?s investigation is to determine whether self-defense or defense of others, as defined in the Maine Criminal Code, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there might be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been avoided at all costs.

Under Maine law, for an individual to be justified in using deadly force in self-defense or in the defense of others, two requirements must be met: First, the individual must reasonably believe that deadly force is imminently threatened against the individual or against someone else and, second, the individual must reasonably believe that deadly force is necessary to counter that imminent threat.

The Attorney General?s investigation concluded that Officers Vega and Caouette reasonably believed that deadly force was imminently threatened by Ms. Cookson against them. Further, Attorney General Mills concluded that both officers reasonably believed it was necessary to use deadly force to protect themselves from that imminent threat.

In addition, a law enforcement officer is allowed to use deadly force to effect an arrest when the officer reasonably believes that the person has committed a crime involving the use or threatened use of deadly force or that the person is likely to seriously endanger human life or inflict serious bodily injury unless apprehended without delay.

The Attorney General?s investigation and analysis concluded that Officers Vega and Caouette reasonably believed that unlawful deadly force was imminently threatened by Ms. Cookson against others and that the officers reasonably believed that deadly force was necessary to protect others from the imminent threat of deadly force. The Attorney General?s investigation also determined that Officers Vega and Caouette reasonably believed that Ms. Cookson had committed crimes involving the use or threatened use of deadly force, that she was likely to seriously endanger human life unless apprehended without delay and that Ms. Cookson knew that Officers Vega and Caouette were law enforcement officers attempting to arrest her.

The Attorney General reported the following findings:

On December 1, 2009, at approximately 5:35 p.m., Lewiston police officer Raymond Vega was on patrol in Lewiston. He was in uniform and driving a marked police cruiser. Officer Vega observed a Chevy pickup truck stopped ahead of him on Howard Street at its intersection with Walnut Street. The truck caught the officer?s attention because it remained stopped at the intersection for a long period of time with no traffic on Walnut Street. Upon determining who the registered owner of the vehicle was, Officer Vega recognized the truck as being one that he had stopped about a week earlier, when he arrested Kristy Lee Cookson for operating under the influence.

Without signaling, the pickup truck made a right turn onto Walnut Street and Officer Vega followed it. The truck then made an abrupt turn onto Horton Street, again without signaling, this time jumping a curb. Officer Vega activated his cruiser?s blue lights to stop the vehicle. The vehicle did not stop, however, even after Officer Vega honked his horn and shined his spotlight on the driver. Instead, the vehicle increased its speed and then attempted to elude Officer Vega.

Radioing dispatch to report the pursuit, Officer Vega observed the vehicle continue at a high rate of speed through several urban residential and downtown streets, driving around construction zones and over sidewalks, disregarding stop signs, crosswalks, traffic lights and speed bumps, and driving the wrong way on a major one-way street (1). The vehicle continued to Central Avenue, at speeds of up to 80 miles per hour, and failed to stop at the stop sign at the Montello Street intersection.

The pickup truck was gaining distance on Officer Vega until it failed to negotiate a right hand curve on Central Avenue and skidded off the road into a small parking lot of an apartment house and crashed into a parked vehicle. The impact of the crash pushed the parked vehicle into the driver?s side of a second parked vehicle, which in turn pushed the second vehicle into a third parked vehicle.

The crash resulted in the front end of the pickup truck being lodged into the driver?s side of the parked vehicle. As Officer Vega got out of his cruiser, the driver of the pickup truck, later identified as Kristy Lee Cookson, attempted to dislodge the truck. As she tried several times to back away, Officer Vega ran to the driver?s side of the truck, pointed his handgun at the driver and ordered her to stop. At this point, Officer Vega was on foot about four to five feet between the truck and the apartment building. Cookson looked directly at Officer Vega but ignored his commands to stop. Instead, Cookson repeatedly attempted to drive forward and backwards, turning the wheel left and right in an attempt to dislodge the truck from the other vehicle. Officer Vega banged his hand on the closed window, ordering Cookson to stop. Officer Vega described Cookson?s actions to flee the scene as ?frantic.? Officer Vega then noticed the arrival of another officer, Keith Caouette, near the rear of the pickup truck.

As the vehicle was backing up and beginning to dislodge from the crash, Officer Vega fired two rounds from his sidearm into the left front tire in an attempt to disable the vehicle. The pickup truck successfully dislodged from the other vehicle, however, and backed up rapidly as Officer Vega moved in front of and between five and ten feet from the vehicle. Recognizing that Officer Caouette was in the path of the moving vehicle, Officer Vega fired another round at the truck as it was backing up. He heard at least two other rounds discharge, and he fired two more rounds at the driver (2). The truck continued to speed backwards striking a stand of small trees which prevented it from going backwards down a sharp embankment.

Not recognizing at that point that any of the rounds fired by Officers Vega or Caouette had actually struck the driver, Officer Vega holstered his sidearm and ran to the driver?s side of the truck. The driver?s door window was shattered. Officer Vega ordered Cookson from the vehicle, but she ignored him and kept revving the engine, trying to flee the scene in the pickup truck. When Officer Vega attempted to open the door, he found it locked. He reached into the vehicle and grabbed Cookson, but she physically resisted his attempts to remove her from the vehicle. At that point, Officer Caouette used a TASER to temporarily immobilize Cookson, and she was arrested. It was at this point that it was discovered that Cookson had been shot in the neck. She was given medical aid at the scene and transported to a local hospital where she was treated and released for the single gunshot wound.

The investigation determined that the route of the pursuit measured about two-and-a-half miles and less than four minutes elapsed from the time Officer Vega initially attempted to stop Cookson until the time she was taken into custody. The investigation also determined that Officer Vega fired five rounds at the pickup truck and Officer Caouette fired three rounds (3).

The scene investigation disclosed results that were consistent with the officers? accounts as well as with several witness accounts of the incident. Crash reconstruction determined that Cookson lost control of the pickup truck on the Central Avenue curve and that the truck skidded out-of-control 140 feet across a lawn and into the parking lot of the apartment building before crashing into the parked vehicle (4). The investigation also showed that Cookson?s vehicle was travelling 81 miles per hour five seconds before hitting the parked vehicle and that the braking system was engaged and remained engaged for five seconds before impact. The speed of the pickup truck one second before hitting the parked vehicle was 30 miles per hour.

Cookson was charged by the Androscoggin County District Attorney with eluding a police officer, reckless conduct with a dangerous weapon, unlawful possession of a narcotic drug, operating under the influence, driving to endanger, and violation of bail conditions.

Detectives from the Attorney General?s Office went to the scene of the shooting to conduct an investigation. They were assisted by the Lewiston Police Department and the State Police. The Lewiston Police Department cooperated fully with the investigation and conducted its own internal review of the incident.

(1) A second officer, Keith Caouette, who observed parts of the pursuit, estimated the pickup truck?s speed near Bates College, where several pedestrians were standing on a sidewalk near a crosswalk, at 80 miles per hour.

(2) The gunshots heard by Officer Vega were rounds fired by Officer Caouette who, for his part, feared that both he and Officer Vega were going to be run over or pinned against the apartment building by the pickup truck in Cookson?s repeated attempts to flee the scene in the truck.

(3) Later investigation determined that it was one of Officer Caouette?s rounds that struck Cookson in the neck.

(4) This vehicle was found with the engine running after the crash. Investigation revealed that the driver had just returned from shopping and was in the process of unloading items. Just prior to the crash, she had taken some of the items into her apartment.

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Attorney General Janet T. Mills Warns Storm Victims to Be Careful When Choosing a Home Repair Contractor

August 20, 2003

Contact: Kate Simmons, (207) 626-8577

Attorney General Janet T. Mills warns homeowners to be careful when choosing a contractor to repair damage from recent storms.

?After storms and other natural disasters, some home improvement contractors aggressively market their services to the elderly and other potentially vulnerable consumers to repair their homes,? said Attorney General Mills. ?While most contractors in Maine are reputable and treat their customers fairly, some do not. Consumers should wait, check around and get written estimates before hiring a contractor do to home repairs.

Attorney General Mills recommends that people who are insured contact their insurance adjuster to get an estimate of the repair costs and use that number as a benchmark when getting estimates from and hiring a contractor.

Other steps consumers can take to protect themselves from unscrupulous operators are:

  1. Shop around. Do not hire the first person you talk to, and get several estimates.

  2. Do your own research. Check references from past customers, if possible, and inspect work the contractor has done in the past.

  3. Get it in writing. Always use a contract. Maine law requires a written contract for home repair jobs that will cost more than $3,000.

  4. Shop local. If possible use a local business person. If you have a problem down the road, it will be easier to correct the problem if the contractor is in your community.

  5. Take your time. If the offer is good today, it will be good tomorrow. Be skeptical of high pressure tactics. A reputable contractor will not pressure you to sign a contract. Take 24 hours to review it carefully.

  6. Insist on a payment schedule. By doing so you give yourself some leverage. Maine law states that down payments cannot exceed 1/3 of the total cost of the job.

  7. Get a second opinion. Have an independent inspector or insurance adjuster inspect the project before you make your final payments.

If you have questions about home construction repair or if you need to file a complaint please contact the Attorney General?s Consumer Protection Division at (800) 436-2131 or by email at consumer.mediation@maine.gov.

For more information on consumer issues please visit our website at: http://www.maine.gov/ag/consumer/housing/home_construction.shtml.

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Attorney General Janet T. Mills Urges Homeowners to Be Careful When Choosing a Home Repair Contractor

March 8, 2010

Contact: Kate Simmons, (207) 626-8577

Attorney General Janet T. Mills warns homeowners to be careful when choosing a contractor to repair damage from recent storms.

?After storms and other natural disasters, some home improvement contractors aggressively market their services to the elderly and other potentially vulnerable consumers to repair their homes,? said Attorney General Mills. ?While most contractors in Maine are reputable and treat their customers fairly, some do not. Consumers should wait, check around and get written estimates before hiring a contractor do to home repairs."

Attorney General Mills recommends that people who are insured contact their insurance adjuster to get an estimate of the repair costs and use that number as a benchmark when getting estimates from and hiring a contractor.

Other steps consumers can take to protect themselves from unscrupulous operators are:

  1. Shop around. Do not hire the first person you talk to, and get several estimates.

  2. Do your own research. Check references from past customers, if possible, and inspect work the contractor has done in the past.

  3. Get it in writing. Always use a contract. Maine law requires a written contract for home repair jobs that will cost more than $3,000.

  4. Shop local. If possible use a local business person. If you have a problem down the road, it will be easier to correct the problem if the contractor is in your community.

  5. Take your time. If the offer is good today, it will be good tomorrow. Be skeptical of high pressure tactics. A reputable contractor will not pressure you to sign a contract. Take 24 hours to review it carefully.

  6. Insist on a payment schedule. By doing so you give yourself some leverage. Maine law states that down payments cannot exceed 1/3 of the total cost of the job.

  7. Get a second opinion. Have an independent inspector or insurance adjuster inspect the project before you make your final payments.

If you have questions about home construction repair or if you need to file a complaint please contact the Attorney General?s Consumer Protection Division at (800) 436-2131 or by email at consumer.mediation@maine.gov.

For more information on consumer issues please visit our website at: http://www.maine.gov/ag/consumer/housing/home_construction.shtml

FTC and 35 States Reach Agreement with LifeLock for Misleading Advertising and Sales Tactics

March 9, 2010

FOR IMMEDIATE RELEASE

Contact: Linda Conti (207) 626-8591

Augusta- Today Attorney General Janet T. Mills joined the U.S. Federal Trade Commission (FTC) and 34 states in announcing an agreement reached with LifeLock, Inc., a Tempe, Ariz.-based identity theft protection provider, that resolves an investigation into the company?s misleading advertising practices.

?No company can guarantee that you will not be a victim of identity theft,? said Attorney General Mills. ?The safest bet is to closely review your debit and credit card statements when you receive them and question any unfamiliar charges.?

The FTC and states began jointly investigating LifeLock amid allegations that the company made a range of deceptive claims that misled consumers to believe its services were a ?proven solution? that would protect against all forms of identity theft, including criminal, mortgage and child identity theft. The settlement also resolves allegations that the company misrepresented the nature of specific services it provided to protect or alert consumers when their personal information had been compromised.

Although the FTC and state attorneys general share jurisdiction to investigate unfair and deceptive practices against consumers, a joint enforcement action of this magnitude is unprecedented.

LifeLock sells identity theft services which past advertisements claimed were ?guaranteed? to protect consumers? personal information and prevent criminals from using it to open accounts in their names. Some ads even included CEO Todd Davis? Social Security Number, which Davis said, showed ?how confident I am in LifeLock?s proactive identity theft protection.? LifeLock?s advertisements also implied that individuals with fraud alerts on their consumer reports will always receive a phone call prior to the opening of new accounts, when in fact a phone call is not required by federal law.

Under the agreement, LifeLock is prohibited from misrepresenting that its services:

? Protect against all types of identity theft; ? Constantly monitor activity on each of its customers? consumer reports; ? Always prompt a call from a potential creditor before a new credit account is opened in the customer?s name; and ? Eliminate the risk of identity theft.

LifeLock is also prohibited from overstating the risk of identity theft to consumers, including whether a particular consumer has become or is likely to become a victim. Past marketing materials have warned consumers about their heightened risk of identity theft when LifeLock did not have information to warrant such a warning.

LifeLock agreed to pay $11 million in restitution to consumers. The FTC and states will jointly send letters to eligible consumers, notifying them of the agreement and how they can opt-in to the settlement. LifeLock also agreed to pay $1 million to cover the costs of the states? investigation.

Federal and state laws provide consumers with a variety of tools to help protect themselves against identity theft. Consumers who have a reasonable suspicion that they are or are about to become victims of identity theft can place free fraud alerts on their credit reports by contacting one of the three major credit reporting agencies. In addition, consumers can obtain free copies of their credit reports to review their own credit histories and identify errors and inaccuracies, such as unauthorized accounts. Consumers are also best-positioned to monitor their own bank accounts and credit card statements for unauthorized withdrawals or charges.

The three major credit reporting agencies are:

Equifax: 1-800-525-6285; www.equifax.com; P.O. Box 740241, Atlanta, GA 30374-0241

Experian: 1-888-EXPERIAN (397-3742); www.experian.com; P.O. Box 9532, Allen, TX 75013

TransUnion: 1-800-680-7289; www.transunion.com; Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92834-6790

For more information about waht consumers can do if they are victims of identity theft, please visit:

http://www.maine.gov/ag/consumer/identitytheft/identitytheft.shtml

States participating in today?s agreement include: Alaska, Arizona, California, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington and West Virginia.

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Attorney General Janet T. Mills Announces Alpharma, Inc. to Pay $42.5 Million to Resolve Fraud Allegations

March 17, 2010

For Immediate Release

Attorney General Janet T. Mills Announces Alpharma, Inc. to Pay $42.5 Million to Resolve Fraud Allegations

Contact: Kate Simmons (207) 626-8577

Augusta- Attorney General Janet T. Mills announced today that Maine has joined other states and the federal government to reach an agreement in principle with pharmaceutical manufacturer, Alpharma Inc. This agreement settles allegations of false or fraudulent claims for the drug Kadian that were submitted to the Medicaid program. Kadian is a sustained release morphine sulfate product that manages pain. Under the agreement, Alpharma will pay the participating states and the federal government $42.5 million, plus interest. Maine will receive over $405,000, while Medicaid programs nationwide will receive approximately $19.2 million of the total settlement. Medicaid is jointly funded by the federal and state governments.

Maine alleged that during the period of January 1, 2000 through December 29, 2008, Alpharma made or disseminated false statements about the safety and efficacy of Kadian to induce health care providers to prescribe the drug. Alpharma also offered and paid for training programs, consulting forums, research grants, and speaker?s bureaus to illegally promote Kadian.

The investigation was initiated by a lawsuit filed under the qui tam provisions of the False Claims Act. This Act creates a mechanism for whistleblowers to initiate a government action to investigate and prosecute allegations of corporate wrongdoing.

A team representing the National Association of Medicaid Fraud Control Units participated in the investigation and conducted settlement negotiations with Alpharma on behalf of the states. Team members included representatives from South Carolina, Texas, Florida, Vermont and Arkansas.

Attorney General Mills would like to thank Assistant Attorney General Michael Miller and the staff of the Healthcare Crimes Unit of the Maine Attorney General's Office for their excellent work on this case. The Healthcare Crimes Unit welcomes information regarding fraud or abuse involving Medicaid funded services in Maine.

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Attorney General Janet T. Mills Announces End to Pineland Court Case

March 19, 2010

Attorney General Janet T. Mills Announces End to Pineland Court Case

Contact: Kate Simmons (207) 626-8577

Federal District Court Judge George Singal today terminated the Pineland Consent Decree. The Court granted Attorney General Janet Mills? ?Motion for Relief from Judgment,? filed last October and argued by Attorney General Mills on February 26, 2010. The Court found that the State of Maine was in substantial compliance with the 1994 Decree, that there were mechanisms in place to assure future compliance and that the State had exhibited a ?demonstrable commitment to achieving compliance.?

The Consent Decree stemmed from a 1975 lawsuit filed on behalf of people with cognitive disabilities who were involuntarily confined at Pineland Center, a state-run institution. The Plaintiffs challenged the conditions of the center and the quality of care. Pineland Center was closed in 1996.

In the thirty-five years since the lawsuit was filed, the state has developed community-based services for class members all across the state. The class currently includes 738 individuals.

?The State of Maine is committed to providing class members services in their communities,? stated Attorney General Mills. ?People have a right to live, work, play and worship in their communities rather than in institutions. Maine is one of only ten states that do not institutionalize people with cognitive disabilities. We can be justifiably proud of the work our state has done. Never again will this state shelter away individuals with disabilities, hide them behind closed doors, or deprive them of supports and socialization.?

The Attorney General thanked especially Commissioner Brenda Harvey and Jane Gallivan, Director of the Office of Adults with Cognitive and Physical Disabilities, and Court Master Clarence Sundram for their tireless work in ensuring compliance with the decree and in protecting the rights of Maine?s most vulnerable citizens.

Restaurant Worker Sentenced to Jail for Tax Fraud

March 23, 2010

FOR IMMEDIATE RELEASE

Restaurant Worker Sentenced to Jail for Tax Fraud

Contact: Kate Simmons (207) 626-8577

Portland?Attorney General Janet Mills announced that Michael Rice, age 40, of Windham, Maine, was sentenced Friday to nine months and a day in prison for aggravated forgery, theft by deception and misuse of identification. Rice applied for rent and property tax refunds online under the names of former co-workers at the Tortilla Flats Restaurant. Rice then had refunds of more than $5,000 directly deposited into his personal bank account. In addition, Rice fraudulently completed an online Maine income tax return for another individual without that person?s knowledge and then diverted the refund to his personal account.

Rice pled guilty in Cumberland County Superior Court and was sentenced by Judge Mary Gay Kennedy to two years with all but nine months and one day suspended. In addition to the prison sentence, Rice will be on probation for two years and will be required to pay back the money he stole.

Attorney General Mills commented, "Not only did Rice victimize the individual taxpayers whose identities he stole, he also stole from the honest citizens of Maine who continue to pay their taxes during hard times. My office will take strong action against anyone steals from Maine citizens by defrauding the state.?

This case was investigated by the Maine Revenue Services' Criminal Investigations Unit and was prosecuted by Assistant Attorney General Gregg D. Bernstein.

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Portland Man Sentenced for Aggravated Trafficking in Cocaine

March 26, 2010

For Immediate Release

Portland Man Sentenced for Aggravated Trafficking in Cocaine

Contact: Lisa R. Bogue Assistant Attorney General 207-626-8555

Rockland-Attorney General Janet T. Mills announced that Kaihlil Nigro was sentenced today in Knox County Superior Court to ten years all but seven years suspended, followed by four years of probation, for two counts of Aggravated Trafficking in Scheduled W Drugs (Cocaine) and a probation violation. A Knox County jury found him guilty of the drug trafficking offenses on December 15, 2009, after a two day jury trial. At the time of the drug trafficking offenses, Nigro was on probation for a December 2, 2008 conviction for felony possession of cocaine in Cumberland County. A hearing on the State?s request to revoke his probation was held at the same time as the trial and the court found that he had violated his probation by committing the new crimes.

In August of 2009, Nigro travelled from Portland to the Rockland area to sell cocaine. Twice on August 25, 2009, he sold cocaine to a confidential informant working with the Maine Drug Enforcement Agency. Law enforcement officers from Rockland Police Department, Maine State Police, Knox County Sheriff?s Office and the Maine Drug Enforcement Agency executed a search warrant in Rockland on September 1, 2009 and found Nigro in possession of 47.8 grams (1.69 ounces) of cocaine. Agents located the cocaine in a safe belonging to Nigro. The 17 one gram packages and the 12 three gram packages found in Nigro?s possession had a street value of approximately $5,300.

Attorney General Janet Mills applauded the cooperative efforts of the law enforcement agencies involved in the investigation of this case. ?Law enforcement agencies working together to share information and resources, as they have in this case, is essential to the successful identification and prosecution of drug traffickers like Mr. Nigro. We are pleased that he has now been held accountable for his crimes.?

Attorney General Mills also thanked Assistant Attorney General Lisa R. Bogue for her successful efforts in prosecuting this case. AAG Bogue is a Drug Task Force Attorney within the Criminal Division of the Attorney General?s Office.

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Attorney General Janet T. Mills Files Criminal Complaint against Bowdoinham Town Clerk Alleging Election Law Violation

March 31, 2010

Contact: Kate Simmons (207) 626-8577

Bath?Attorney General Janet Mills announced today that her office filed a criminal complaint in the West Bath District Court against Bowdoinham Town Clerk, Pamela Ross, age 51, alleging that Ms. Ross knowingly violated the law regarding the counting of absentee ballots. Specifically, the complaint alleges that Ms. Ross unfolded the ballots at the time she removed them from the absentee ballot envelopes. Unfolding the ballots allows an election official to determine how the person voted, violating the sanctity of the secret ballot. The charge is a Class E crime punishable by up to six months in jail and a $1,000 fine.

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Attorney General Mills Announces First in the Nation Consumer Protection Bill

March 31, 2010

Attorney General Janet T. Mills Announces First in the Nation Consumer Protection Bill

Contact: Kate Simmons
(207) 626-8577

Augusta-Attorney General Mills today joined Governor Baldacci for a ceremonial signing of LD 1541 ?An Act to Protect Consumers from Charges after a Free Trial Period.? This law is a first in the nation safeguard for consumers from deceptive free trial offers. Under this new law, companies offering free trial periods of goods or services have to confirm billing information directly from the consumer at the time the consumer accepts the offer.

The Office of the Attorney General has received hundreds of complaints from consumers who accepted a free trial offer and unknowingly committed to monthly or annual credit card charges. For example, a consumer rents a car and later receives a check in the mail from the car rental company. The consumer believes the check is a rebate, and cashes it. By cashing the check, the consumer is enrolled in a membership club for a ?free? trial period. After the trial period, the consumer?s credit card is charged for the service on a monthly or annual basis until the consumer realizes that they are being charged, and then tries to cancels the charge.

This new law will require that the consumer give their billing information to the seller in order to accept the free trial period.

?During these tough economic times, Maine people deserve the right to choose exactly what to spend their hard earned money on,? said Attorney General Janet T. Mills. ?Consumers have a right to know who is charging them and for how much. This bill will provide more transparency in free trial offers and will prevent consumers for being charged for services that they do not need or want.?

Attorney General Mills thanked the bill?s lead sponsor, Representative Rob Hunt (D-Buxton), and the members of the Business, Research and Economic Development Committee for their unanimous support of the bill.

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Orono Attorney Sentenced for Failing to File Income Tax Returns

April 15, 2010

For Immediate Release

Orono Attorney Sentenced for Failing to File Income Tax Returns

Contact: Gregg D. Bernstein, 207-626-8517

Bangor?Attorney General Janet Mills announced that Michael McAleer, age 57, of Orono was sentenced to a suspended jail term after his plea of no contest on April 13, 2010 in Penobscot County Superior Court to criminal charges of failing to file Maine state income tax returns for 2003 through 2007. McAleer is a former law partner of the law firm Rudman & Winchell, located in Bangor, Maine.

Justice William Anderson sentenced McAleer to six months of jail, all suspended, and one year of probation followed by a consecutive sentence of six months in jail, all suspended, and one year of probation, and a combination of suspended sentences for remaining counts. In addition, McAleer will be required to pay tax due and file his 2007 and still unfiled 2008 Maine state income tax return. He also will be required to file his future tax returns on time while on probation.

The charges were filed in August of 2009. As of the date of sentencing, McAleer had not yet filed his 2007 or 2008 Maine state income tax returns. There was no plea agreement in this case.

Attorney General Mills commented, "In these difficult economic times, it is even more important that all Maine citizens follow the tax laws so that everyone pays their fair share. My office will take strong action against individuals who fail to comply with the tax laws and force other Maine citizens to make up the difference.?

This case was investigated by Maine Revenue Services' Criminal Investigations Unit and prosecuted by the Attorney General?s Office by Assistant Attorney General Gregg D. Bernstein.

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Attorney General's Report on the Use of Deadly Force by State Police Trooper on December 17, 2009

April 19, 2010

AUGUSTA - Attorney General Janet T. Mills has concluded that a State Police trooper, Corey Smith, acted within the law when he shot Matthew Sylvester, 24, during the early morning of December 17, 2009, in Searsport. The incident resulted in Sylvester being struck and wounded by a single gunshot.

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of that officer's duties. The function of the Attorney General?s investigation is to determine whether self-defense or defense of others, or other legal justification as defined in the Maine Criminal Code, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there might be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been avoided at all costs.

Under Maine law, for an individual to be justified in using deadly force in self-defense or in the defense of others, two requirements must be met: First, the individual must reasonably believe that deadly force is imminently threatened against the individual or against someone else and, second, the individual must reasonably believe that deadly force is necessary to counter that imminent threat. In addition, a law enforcement officer is allowed to use deadly force to effect an arrest or prevent an escape when the officer reasonably believes that a person has committed a crime involving the use or threatened the use of deadly force or that the person is likely to seriously endanger human life or inflict serious bodily injury unless apprehended without delay.

The Attorney General?s investigation and analysis concluded that Trooper Smith reasonably believed that unlawful deadly force was imminently threatened by Mr. Sylvester against others, including a second officer, Sgt. Steven Saucier of the Searsport Police Department, and that Trooper Smith reasonably believed that deadly force was necessary to protect others from such imminent threat of deadly force. The Attorney General?s investigation also determined that Trooper Smith reasonably believed that Mr. Sylvester had committed a crime involving the use of deadly force, and that he was likely to seriously endanger human life unless apprehended without delay.

The Attorney General reported the following findings:

On Thursday, December 17, 2009, at 2:21 a.m., a 911 caller reported that Matthew Sylvester had shot Richard Brown several times outside a vehicle near the North Searsport Fire Department. The caller was hysterical and requested immediate help. The caller reported that Sylvester was still present at the scene and was armed with a .40 caliber Glock pistol. The caller was heard demanding that Sylvester give him the gun. While dispatching police to the scene, it was learned from the caller that Sylvester had left the scene in the company of a woman in a red Jeep.

About six minutes after the initial 911 report, Trooper Corey Smith was dispatched from his home to the call. At the time, Trooper Smith was told that a man had been shot and the victim and suspect, who still had a gun, were at the scene. Trooper Smith received additional information while responding to the scene that included the names of people involved, and that Sylvester was in possession of a Glock handgun. Trooper Smith also learned that Sylvester had left the scene in a red Jeep and was possibly going to a residence in Frankfort where Sylvester would have access to a 1994 red Ford Thunderbird.

Trooper Smith drove to the residence in Frankfort. He did not locate either the red Jeep or the red Thunderbird. He did, however, speak with two individuals in a nearby residence, who told him that they believed Sylvester had left about 10 minutes before Trooper Smith?s arrival. The individuals told Trooper Smith that Sylvester left ?spinning his tires.? The individuals provided Trooper Smith with vague information about the location of the Searsport residence of Sylvester?s father. While speaking with these individuals at their residence, the person who had made the initial 911 call of the shooting in North Searsport called the residence and spoke with Trooper Smith. The caller told Trooper Smith that he was present when Sylvester, who had been drinking, shot Brown ?four or five times.? Trooper Smith also learned at this time that when Sylvester left the shooting scene that he was in the company of a woman in a red Jeep who lived in Belfast.

Based on the information received from the individuals in Frankfort and the call from the 911 reporter, Trooper Smith radioed other officers that Sylvester was likely either in the company of the woman in the red Jeep or at his father?s residence in Searsport. Trooper Smith then learned that the woman and the red Jeep had been located at the woman?s residence in Belfast and that Sylvester was not with her. Trooper Smith set out to search for the red Thunderbird. About an hour had elapsed since the initial 911 call.

Trooper Smith, joined by Searsport police sergeant Steven Saucier, went to the home of Sylvester?s father in Searsport. They observed the residence to be located several hundred feet from the street. They decided to use the cover of darkness to approach the house on foot. The officers could see lights on in the house. As they approached the house, the officers observed a truck and a maroon Ford Thunderbird in the driveway. Trooper Smith noticed lights ?flicker? in the house. Concerned that he and Sergeant Saucier had been seen, the officers retreated a few feet and took up a position of concealment behind a large tree. Both officers called their respective agencies to report that they had located the red Ford Thunderbird. The officers decided to wait for additional officers before attempting contact with Matthew Sylvester.

Sergeant Saucier returned to his cruiser several hundred feet away to get his patrol rifle and hand warmers. Trooper Smith moved to a location that provided him a better view of the house. He observed an upstairs light go off. Trooper Smith then heard what he believed to be someone walking in the snow near the outside of the house. He heard a car door close. Suspecting that Sylvester had entered the parked car, Trooper Smith yelled a warning to Sergeant Saucier. Trooper Smith watched as someone started the red Thunderbird, illuminated the headlights, backed up the car, and started driving down the driveway toward his location. Trooper Smith yelled a second warning to Sgt. Saucier. As the red Thunderbird approached him, Trooper Smith, who was now standing in the driveway, illuminated the vehicle with his flashlight and observed the driver as the only occupant.

As the vehicle got closer, Trooper Smith identified himself and ordered the driver to stop. Instead of stopping or slowing, however, the vehicle accelerated slightly. Trooper Smith gave another command of ?State Police, stop!? but the driver was not responsive. As the vehicle continued unabated down the driveway, Trooper Smith moved slightly to avoid being struck by the vehicle. The vehicle turned slightly to the right as if to drive by Trooper Smith. As the vehicle was abreast of Trooper Smith, Trooper Smith, with the aid of his flashlight, could see that the driver was holding a black handgun, which he recognized from his training and experience as a Glock pistol, pointed toward the center console of the car. At this point, Trooper Smith was approximately three feet from the driver?s door of the car. Trooper Smith fired two rounds from his handgun at the driver. The vehicle came to a stop and the driver screamed, ?You shot me.? Trooper Smith ordered the driver to show his hands and the driver stuck them out of the window. Trooper Smith then ordered the driver out of the car. The driver opened the door and did as requested. The driver identified himself as Matthew Sylvester and said that his gun was in the car. Officers provided first aid to Sylvester until the arrival of emergency medical personnel who treated him and transported him to a hospital. At the hospital, Sylvester was treated for a gunshot wound to the upper left arm and released.

On February 11, 2010, the Waldo County Grand Jury indicted Sylvester on charges related to the alleged shooting on December 17, 2009, of Richard Brown in North Searsport. Brown survived the shooting.

Detectives from the Attorney General?s Office went to the scene of the shooting to conduct an investigation into the use of deadly force by Trooper Smith. They were assisted by the State Police. The State Police cooperated fully with the investigation and conducted its own internal review of the incident.

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Contact: Kate Simmons (207) 626-8577

Court Affirms Insurance Superintendent's Denial of Anthem's 2009 Requested Rate Increase

April 22, 2010

Contact: Kate Simmons (207) 626-8577

Augusta- Maine Superior Court Chief Justice Thomas Humphrey affirmed the Insurance Superintendent?s denial of Anthem Health Plans of Maine, Inc. fixed profit margin in their rates for individual health insurance plans in Maine. The Court found that individual health plan rates meet the governing legal standard if they cover the ability of the insurer to ?sustain projected losses and expenses,? and that Maine law does not ?expressly entitle insurers to a mandated profit margin.?

?We agree with the court. Maine law does not guarantee health insurance companies millions of dollars in additional profits. Small businesses and the self-employed in Maine struggle to afford even the most basic health care coverage. We must take responsible steps to prevent health insurance from becoming all but unaffordable, while allowing health insurers to cover the cost of doing business,? said Attorney General Janet T. Mills.

The Court?s decision affirms that the Superintendent of Insurance acted within her authority in granting Anthem an average 10.9% rate increase on individual policies that included a 0% profit and risk margin. The Court also found that the Superintendent properly relied on the existence of Anthem?s aggregate surplus from all lines of insurance to cover, if necessary, claims and expenses arising from the individual products.

?In the past three years alone, Anthem turned over $200 million in dividends to its parent company Wellpoint, one of the largest health insurers in the country,? Attorney General Mills said. ?Anthem cannot impose high rate increases on the backs of individual policy holders to maximize its corporate profits.?

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Statement of Kate Simmons, Office of the Maine Attorney General Regarding Law Enforcement's Use of Deadly Force in Cyr Plantation

On Friday morning, April 23, 2010, Trooper Robert Flynn of the Houlton State Police Barracks and two U.S. Border Patrol agents visited Neil Begin?s residence in Cyr Plantation as part of an investigation of a complaint involving Mr. Begin. Border Patrol agents frequently assist local and state law enforcement officials with investigations and enforcement actions in Aroostook County. The visit resulted in an armed encounter with Mr. Begin, and Mr. Begin was fatally shot. Mr. Begin was taken to Cary Medical Center, and then flown to Eastern Maine Medical Center where he died at 5:30 am on Saturday, April 24, 2010.

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of that officer's duties. The function of the Attorney General?s investigation is to determine whether self-defense or defense of others, or other legal justification as defined in the Maine Criminal Code, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there might be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been avoided at all costs.

At the conclusion of the Attorney General?s investigation, a complete report with factual details will be released.

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Statement of Kate Simmons Regarding Law Enforcement's Use of Deadly Force in Cyr Plantation on April 23, 2010

April 26, 2010

On Friday morning, April 23, 2010, Trooper Robert Flynn of the Houlton State Police Barracks and two U.S. Border Patrol agents visited Neil Begin?s residence in Cyr Plantation as part of an investigation of a complaint involving Mr. Begin. Border Patrol agents frequently assist local and state law enforcement officials with investigations and enforcement actions in Aroostook County. The visit resulted in an armed encounter with Mr. Begin, and Mr. Begin was fatally shot. Mr. Begin was taken to Cary Medical Center, and then flown to Eastern Maine Medical Center where he died at 5:30 am on Saturday, April 24, 2010.

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of that officer's duties. The function of the Attorney General?s investigation is to determine whether self-defense or defense of others, or other legal justification as defined in the Maine Criminal Code, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there might be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been avoided at all costs.

At the conclusion of the Attorney General?s investigation, a complete report with factual details will be released.

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AstraZeneca to Pay $520 Million to Settle Claims of Off-Label Drug Marketing

April 27, 2010

Contact: Kate Simmons (207) 626-8577

Augusta- Attorney General Janet T. Mills announced today that Maine has joined with other states and the federal government to reach an agreement in principle with AstraZeneca Pharmaceuticals LP, to settle allegations that it engaged in an off-label marketing campaign that improperly promoted the antipsychotic drug, Seroquel. AstraZeneca will pay the states and the federal government a total of $520 million in damages and penalties to compensate Medicaid and various federal healthcare programs for harm suffered as a result of this conduct. Maine will receive over $1.2 million in restitution and additional recoveries.

Seroquel is one of a newer generation of antipsychotic medications (called atypical antipsychotics) used to treat certain psychological disorders. From January 1, 2001 through December 31, 2006, AstraZeneca promoted the sale and use of Seroquel for certain uses that the Food and Drug Administration had not approved. The settlement resolves a government investigation into promotional activities undertaken by AstraZeneca that were directed not only to psychiatrists but also to primary care physicians and other health care professionals for unapproved uses in the treatment of medical conditions such as aggression, Alzheimer?s disease, anger management, anxiety, attention deficit hyperactivity disorder, dementia and sleeplessness.

In implementing its marketing campaign, AstraZeneca was also alleged to have made illegal payments to physicians, paying their way to travel to resort locations to ?advise? AstraZeneca about marketing messages for unapproved uses, to serve as authors of articles written by AstraZeneca and its agents, and to conduct studies for unapproved uses of Seroquel. The settlement resolves claims that these promotional activities caused physicians to prescribe Seroquel for children, adolescents and dementia patients in long term care facilities. These uses were not medically accepted indications for which state Medicaid programs would approve reimbursement for Seroquel.

?AstraZeneca improperly marketed Seroquel to physicians for uses that not were not approved by the FDA at an extreme cost to the state of Maine,? stated Attorney General Mills. ?This agreement requires AstraZeneca to make restitution to account for the costs of such illegal marketing activity.?

As part of the settlement, AstraZeneca will enter into a Corporate Integrity Agreement with the United States Department of Health and Human Services, Office of the Inspector General, which will closely monitor the company?s future marketing and sales practices.

This settlement is based on qui tam cases that were filed in the United States District Court for the Eastern District of Pennsylvania by relators ? private parties who filed actions under state and federal false claims statutes.

A National Association of Medicaid Fraud Control Units team participated in the investigation and conducted the settlement negotiations with AstraZeneca on behalf of the settling states. Attorney General Mills thanks Assistant Attorney General Michael Miller for her excellent work on this case.

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Naples Man Sentenced to 45 Days in Jail for Falsifying Tax Returns

April 28, 2010

Contact: Kate Simmons (207) 626-8577

Portland - Attorney General Janet T. Mills announced that Michael A. Skarbinski, age 49, of Naples, Maine, was sentenced on April 27, 2010, by Justice Roland Beaudoin in Cumberland County Superior Court to 12 months in jail with all but 45 days suspended and two years probation for making false statements in his tax returns and obtaining a tax refund through deception. Skarbinski had been convicted of the charges following a jury trial on March 10 and 11, 2010.

Skarbinksi falsified his 2005-2007 Maine income tax returns by claiming that he and his wife had no federal and state taxable income when in fact they earned between $80,000 and $130,000 in taxable income per year. Skarbinski contended at trial that the salaries that he and his wife earned as professionals at local area hospitals simply were not taxable. By falsely claiming zero taxable income in 2007, Skarbinski received a refund for that tax year of nearly $4,000. His two other attempts at refunds were detected and denied by Maine Revenue Services.

In addition to the jail sentence, Skarbinski is ordered to repay the $3780 refund he obtained and will file his amended tax returns and pay the required taxes. Skarbinski is also ordered to file complete and corrected tax returns for 2008 and 2009.

"Tax cheats will not be tolerated,? stated Attorney General Mills. ?My office will take strong action against individuals who misrepresent their income and force other Maine citizens to make up the difference. Especially during these hard economic times, when other citizens are struggling to get by but paying their taxes, we will not not stand for this kind of crime.?

This case was investigated by Maine Revenue Services' Criminal Investigations Unit and prosecuted by the Attorney General?s Office by Assistant Attorney General Gregg D. Bernstein.

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Maine Students to Promote Civil Rights at Statewide Conference

April 29, 2010

MEDIA ADVISORY

Maine Students to Promote Civil Rights at Statewide Conference in Augusta

Contact: Thom Harnett, Assistant Attorney General for Civil Rights Education and Enforcement (207) 626-8897, Kate Simmons (207)626-8577

WHAT: Civil Rights Team Project Spring Convention WHERE: Augusta Civic Center WHEN: Monday, May 3, 2010 TIME: 8:30 AM - 1:30 PM

On Monday, May 3, 2010 over 1,100 students and faculty members from 83 Maine elementary, middle and high schools will gather at the Augusta Civic Center for the Statewide Conference of the Civil Rights Team Project (CRTP).

The CRTP, a project of the Office of the Attorney General, is a student-led program designed to reduce bias and harassment in Maine?s schools. At the Statewide Conference, students from across Maine will attend workshops designed to increase their understanding of bias-based harassment and ways to confront it.

Speakers will include Attorney General Janet T. Mills and Czerny Brasuell, Director of Multicultural Affairs at Bates College.

Workshops will include survivors of the European Holocaust and the Sudanese Darfur genocide telling their stories, civil rights and Native American leaders examining the power of language in our schools, athletes from the Maine Roller Derby discussing how sports can redefine gender roles and domestic violence counselors teaching students how to avoid abusive relationships.

A complete conference agenda is available on request.

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Maine and 16 Other States Move to Join Suits Against Pharmaceutical Giant Wyeth

May 11, 2010

For Immediate Release

MAINE AND 16 OTHER STATES MOVE TO JOIN SUITS AGAINST PHARMACEUTICAL GIANT WYETH Drug Company Allegedly Failed to Pay Hundreds of Millions In Rebates to Medicaid Programs Across the Country

Contact: Kate Simmons (207) 626-8577

Augusta- Maine and sixteen other states filed a joint motion for leave to intervene in two whistleblower lawsuits against the drug manufacturer Wyeth alleging that the company knowingly failed to report certain discounted prices of its drugs as required by Medicaid program laws. As a result, Wyeth allegedly avoided paying hundreds of millions in rebates to state Medicaid programs for its drugs, Protonix Oral and Protonix IV. These drugs are proton pump inhibitors (PPI) and are used to suppress stomach acid.

Under the Medicaid Drug Rebate Program, drug manufacturers are required to report to the government certain prices they charge their customers, including the ?best price? offered for their drugs. They also are required to pay rebates to the state Medicaid programs which are calculated based on the reported discounted prices offered to other customers. Congress created the Medicaid Drug Rebate Program to ensure that Medicaid, the nation?s provider of health insurance to the poor and the disabled and one of the largest purchasers of drugs in the country, receives the same discounts offered to other large commercial customers in the marketplace.

Between 2001 and 2006, Wyeth offered steep discounts to thousands of hospitals nationwide for Protonix Oral and Protonix IV under pricing arrangements known as ?Protonix Performance Agreements.? These agreements offered discounted prices based on certain conditions, such as market share or placement on formularies. The States allege that Wyeth was required under the Medicaid Drug Rebate Program to report these prices paid by hospitals under this arrangement, and to pass along the benefit of the lower prices to the state Medicaid programs. Wyeth allegedly failed to do so and avoided paying hundreds of millions of dollars to Medicaid in rebates.

?In order to provide Protonix Oral and Protonix IV to the Medicaid program, Wyeth was legally required to report their best price for these drugs,? stated Attorney General Mills. ?This action is intended to enforce this requirement and ensure that Maine?s Medicaid program is getting the same discounts for drugs that are provided to other large drug purchasers. Every dollar inappropriately retained by Wyeth for these drugs should instead have been available to provide services to Maine?s most vulnerable.?

The case is being handled by the Maine Office of Attorney General, Healthcare Crimes Unit. Last year, the United States and 16 other named plaintiff states intervened in these two whistleblower lawsuits now pending in the United States District Court for Massachusetts. By intervening in the suits, Maine seeks damages from Wyeth on behalf of its Medicaid program known as MaineCare.

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Attorney General Releases Report on Inquiry into Former PUC Chair Kurt Adams' Interactions with First Wind

June 2, 2010

For Immediate Release

Office of the Maine Attorney General Report on Inquiry into Former PUC Chair Kurt Adams Interactions with First Wind

Contact: Kate Simmons (207) 626-8577

On April 30, 2010, the Maine Office of the Attorney General commenced an inquiry in response to suggestions that former Public Utilities Commission (?PUC?) Chair Kurt Adams acted improperly when he accepted an employment offer from First Wind on April 16, 2008, which included the transfer to him of 1,200,000 unvested Series B securities.

This office interviewed PUC staff, PUC commissioners, and Mr. Adams. We reviewed emails, corporate documents, employment contracts, PUC and Federal Energy Regulatory Commission (FERC) pleadings, and the record relating to the PUC?s deliberation of whether to intervene before FERC on the disqualification of the Stetson Wind Farm from the first Forward Capacity Auction (?FCA?).

Legal Authority of the PUC

A preliminary concern for this review is the authority of the PUC over any matters involving First Wind. The PUC consists of three commissioners appointed by the Governor, each for six year terms. 35-A M.R.S. ? 103. As a result of the restructuring of the electrical industry, the PUC does not regulate electrical generators, including wind power generators, or the wholesale market for electricity. 35-A M.R.S. ?? 102, 3201, 3202. Rather, the Independent System Operator-New England (?ISO-NE?), a private entity that was created and is regulated by FERC, oversees the regional market for wholesale electricity.

Since ISO-NE?s decisions significantly impact Maine ratepayers, the Legislature authorized the PUC to ?[i]ntervene and participate in proceedings at the Federal Energy Regulatory Commission (FERC)?whenever the interest of competition, consumers of electricity or economic development in this State are affected,? and to ?use all means within its authority and resources to advocate for and promote the interests of Maine ratepayers in any proceeding at the Federal Energy Regulatory Commission involving the development, governance, operations or conduct of an independent system operator.? 35-A M.R.S. ? 3215.

The Legislature further directed the PUC to ?monitor electricity markets and sale opportunities physically accessible to wind power installations in this State to determine whether such markets and opportunities are available for the sale of wind energy in accordance with federal and state law.? 35-A M.R.S. ? 3403(1). The commission may ?initiate regulatory and other legal action to protect access to markets by wind power facilities located in the State.? 35-A M.R.S. ? 3403(2).

The review of the facts revealed the following:

Chronology

Fall 2007. Representatives of Central Maine Power (CMP) meet with the PUC to discuss the Maine Power Reliability Project (MPRP), CMP?s proposal to expand transmission lines in Maine. Adams reviews with staff the alternative routes for the proposed transmission lines. Adams determines that one of the alternatives would expand the line directly behind his residence. He privately hires Attorney Toby Dilworth to advise him as to whether he might have a conflict of interest in presiding over this major and lengthy proceeding before the PUC.

October 15, 2007. Dilworth issues his opinion that Adams does not have an actual conflict that would require recusal but Dilworth advises Adams to disclose the possible conflict to the Attorney General?s Office and to request an opinion. He cautions that while there is ?no basis for you to disqualify yourself at this time,...you will need to evaluate whether you can make a fair and unbiased decision when the matter is filed.?

November 6, 2007. ISO-NE makes an informational filing with FERC regarding qualification of electricity generators to participate in the first Forward Capacity Auction (FCA) for electricity. The filing disqualified the Stetson Wind Farm in Springfield, Maine, due to ISO-NE?s finding that there was insufficient transmission capacity from Orrington South. Stetson Wind Farm is owned by First Wind Holdings, LLC (?First Wind?), then UPC Wind Management, LLC (?UPC?).

November 9, 2007. A PUC staff economist brings the issue of Stetson?s disqualification to the attention of a PUC staff attorney, Lisa Fink. Fink emails the PUC commissioners (Kurt Adams, Sharon Reishus, and Vendean Vafiades) and suggests that they discuss the matter at their weekly meeting on the wholesale markets.

November 25, 2007. Fink indicates by email to the commissioners that she cannot attend the next scheduled wholesale markets meeting and notes, ?I do think we need to decide whether to comment at FERC on the FCM [Forward Capacity Market] qualification filing made by ISO, specifically the disqualification of the Stetson wind project.? The meeting is cancelled due to the press of other business, delaying discussion of Stetson.

December 10 or 11, 2007. Because of his possible conflict in presiding over the major MPRP proceeding, Adams begins to explore employment opportunities outside of the PUC and contacts First Wind, an energy developer not regulated by the PUC. A meeting is scheduled for December 21, 2007.

December 12, 2007. Adams notifies Fink and the commissioners by email that he is ?aware of a potential conflict? with the Stetson matter and asks to be taken ?out of the loop on this for now.? There is no evidence that Adams participated in any matter before the PUC involving UPC or First Wind after this date.

December 17, 2007. The Stetson disqualification issue is on the agenda for deliberation by the commissioners. Adams recuses himself from consideration of the issue. The other two commissioners approve Fink?s recommendation to intervene before FERC on the issue of Stetson?s disqualification by ISO-NE.

December 18, 2007. Fink and Washington D.C.-based counsel for the PUC make an electronic filing with FERC entitled a ?Motion for Leave to Intervene and Protest Out of Time.?

December 21, 2007. Adams meets with representatives of First Wind to discuss possible employment with the company.

January 11, 2008. FERC issues its order granting the PUC?s request to intervene, but upholds ISO-NE?s disqualification of the Stetson project in a ruling adverse to First Wind.

January 18, 2008. Fink transmits the order to the commissioners and advises against taking an appeal.

December 28, 2007 through February 22, 2008. Adams and First Wind exchange emails about Adams? possible employment at First Wind.

February 22, 2008. Adams declines First Wind?s offer of employment by email. ?I look forward to watching your company thrive in Maine and elsewhere.?

March 18, 2008. Chief Deputy Attorney General Linda Pistner issues an opinion about Adams? possible conflict in presiding over the MPRP proceeding. She concurs with Dilworth that Adams does not have an actual conflict of interest but advises Adams to disclose his interest in the project at the outset of the MPRP proceeding in order to permit any party to raise objections to his participation. Based on Pistner?s analysis, Adams concludes that he should not preside over this major transmission line proceeding and he contacts First Wind to accept the position.

March 26, 2008 through April 16, 2008. Adams and representatives of First Wind exchange emails regarding terms of employment and the documents necessary for his signature.

April 16, 2008. Adams signs the documents required for his employment at First Wind, including the ?Restricted Unit Agreement.? The agreement includes the following provisions:

? The agreement transfers 1,200,000 Series B-3 Units with a $1.57 threshold value.

? The units ?are subject to all the restrictions applicable to Series B Units as set forth in the LLC Agreement and in this agreement.?

? Except as provided by Section 4 of the Agreement, the transferee units are ?Unvested Series B Units.?

? The units do not become vested until the one year anniversary of continuous employment. The vesting schedule is as follows: One third of the B Units are vested at one year; the second third is vested at the two-year anniversary of employment; and the last third of the B Units is vested at the third anniversary of continuous employment.

? The B Series Units are forfeited if the transferee resigns or is terminated for cause.

The units have no market value at the time of the transfer.

May 1, 2008. Adams? resignation as PUC Chair is publicly announced by the Governor?s Office.

May 18, 2008. Adams begins work at First Wind as a senior vice president.

Relevant Law

The statute relating to conflicts of interest is found at 5 M.R.S. ? 18, which provides in relevant part:
An executive employee commits a civil violation if he personally and substantially participates in his official capacity in any proceeding in which, to his knowledge, any of the following have a direct and substantial financial interest: A. Himself, his spouse or his dependent children; B. His partners; C. A person or organization with whom he is negotiating or has agreed to an arrangement concerning prospective employment; [1979, c. 734, ?2 (NEW).] D. An organization in which he has a direct and substantial financial interest; or E. Any person with whom the executive employee has been associated as a partner or a fellow shareholder in a professional service corporation pursuant to Title 13, chapter 22-A, during the preceding year.

As demonstrated by the chronology, Adams complied with this law by disqualifying himself from any proceeding in which he arguably had a ?direct and substantial financial interest.?

The only other statutes of possible relevance are contained in Chapter 25 of Title 17-A, the Maine Criminal Code. Our review of the facts discloses no evidence of a violation of these laws, in particular because Adams recused himself appropriately from any decision-making which might have raised the appearance of a quid pro quo or inappropriate influence.

Conclusion

Our review of the facts and the law finds no cause for further action regarding Kurt Adams interactions with First Wind at the end of his service as Chair of the PUC.

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Steuben Nurse?s License Revoked for Releasing Patient During Severe Snowstorm

June 4, 2010

For Immediate Release

Contact: Kate Simmons (207) 626-8577

Attorney General Janet T. Mills announced today that the Maine State Board of Nursing revoked the nursing license of John Zablotny, 44, of Steuben, for incompetent nursing practice and unprofessional conduct.

On January 1, 2008, Mr. Zablotny was the nurse supervisor at Down East Community Hospital when he allowed an elderly and disoriented patient to be discharged from the hospital during a severe snowstorm.

The patient was admitted to the DECH on December 27, 2008 for treatment of abdominal pain. During the day on January 1, 2008, a snowstorm developed and the patient, while still receiving pain medication, began asking to leave the hospital. Nurses advised the patient he was too weak to leave the hospital, and that his family was not able to return to the hospital to provide him with transportation due to the storm.

That evening, Mr. Zablotny, the supervising nurse, provided the patient with a form for the patient to sign if he was leaving the hospital against medical advice. Prior to the patient?s discharge, Mr. Zablotny failed to review of the patient?s medical records to determine the patient?s medical status, which included the medications administered to the patient. Mr. Zablotny failed to properly assess the patient?s medical condition and ignored the advice of other staff members that the patient was confused and weak. The patient signed the discharge form, and Mr. Zablotny pointed the patient to the front exit of the hospital unescorted. Against the advice of hospital staff, Mr. Zablotny did not call the local police department. He also did not verify that the patient had transportation or a specific destination and did not ensure that the patient was properly clothed.

The patient left the hospital at approximately 8:20 pm and was wearing a pair of brown slippers, socks, pants and a flannel shirt. Between 8:00 pm until 6:00 am the inner set of hospital doors were unattended and locked from the outside and the patient would be unable to get back in through the doors he exited. At the insistence of the patient?s family, the police were called at 9:25 pm to search for the patient.

The patient?s body was found on the afternoon of January 2, 2008 approximately 18 feet from the hospital building wall. The medical examiner determined that the patient died of hypothermia and opiate toxicity.

?Nurses have a moral and ethical responsibility to use common sense and compassion to protect the patients that they care for,? stated Attorney General Mills. ?Anything less puts patients lives at risk.?

Mr. Zablotny?s nursing license was revoked for two years. He must also pay the cost of the hearing and a fine of $1,500.

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West Farmington Man Sentenced to Four Years in Prison in Methamphetamine Manufacturing Case

June 8, 2010

CONTACT: DAVID FISHER ASSISTANT ATTORNEY GENERAL 207-784-1397 MDEA COMMANDER DARRELL CRANDALL 207-557-0510

Attorney General Janet T. Mills announced that William Bart Christopher of West Farmington, ME, was sentenced yesterday afternoon in Franklin County Superior Court to four years in prison and a $2,000 fine for trafficking in methamphetamine. Christopher pled guilty to the charge. At the time of the drug trafficking offense, Christopher was the subject of an October 7, 2009 deferred disposition agreement in a sexual abuse of a minor (class C) case prosecuted by the Franklin County District Attorney?s Office. This agreement was terminated. Christopher was also sentenced to one year in prison to run concurrently with the four year sentence on the methamphetamine trafficking charge.

On November 20, 2009, law enforcement officers executed a search warrant at a New Vineyard residence and found evidence that William Bart Christopher was manufacturing methamphetamine using a highly explosive method.

?Methamphetamine is one of the most dangerous illegal drugs, both because of its devastating impact on its users and their families and because of the dangerous and toxic methods used to manufacture it,? said Attorney General Mills. ?The manufacture of methamphetamine is a serious crime and this office will continue to place a high priority on the prosecution of methamphetamine manufacturers.?

A number of area police and fire departments assisted in securing and disposing of the hazardous materials found on the premises.

Attorney General Mills thanks Assistant Attorney General David Fisher for his successful efforts in prosecuting this case. AAG Fisher is a Drug Task Force Attorney within the Criminal Division of the Attorney General?s Office. Attorney General Mills also applauds the cooperative efforts of the Maine Department of Health and Human Services Environmental Testing Laboratory, the Maine Department of Environmental Protection and the Maine Drug Enforcement Agency for their involvement in the investigation of this case.

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Former La Kermesse Festival President Indicted on Charges of Theft

June 9, 2010

For Immediate Release

Contact: Leanne Robbin (207) 626-8581

Attorney General Janet T. Mills announced today that the York County Grand Jury returned a four count indictment today against Priscille Gagnon, age 70, of Biddeford, Maine. The indictment alleges that Gagnon committed theft and misuse of entrusted property from 2004 through 2010 with funds entrusted to her as president of the Biddeford Festival La Kermesse and as treasurer of the Western Oaks Condominium Association. The amount of the thefts is alleged to be in excess of $10,000 from each organization. The theft charges are Class B crimes punishable by up to 10 years in prison. The misuse of entrusted property charges are Class D crimes punishable by up to 364 days in jail.

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Former Chiropractor Convicted of Theft and Unlicensed Practice

June 10, 2010

CONTACT: Kate Simmons 207-626-8577

Attorney General Janet T. Mills announced today that former chiropractor Ted T. Stokes of Greene pled guilty to one count of theft by deception and one count of unlicensed practice for providing chiropractic services after his license was revoked. Stokes?s license was revoked in September 2008. Despite receiving numerous warnings, he continued to be a practicing chiropractor and he billed MaineCare, Medicare, and Anthem Blue Cross and Blue Shield a total of $14,339.52 for his services.

Stokes was sentenced to 364 days of imprisonment, with all but 22 days suspended, and one year of probation with conditions on the theft by deception charge. He received a concurrent sentence of 22 days of imprisonment on the unlicensed practice charge. Stokes was also ordered to pay $14,339.52 total in restitution.

?Practicing chiropractic without a license puts patients? health and well being at risk,? stated Attorney General Mills. ?We will not permit any medical professional to practice without a license and then bill the state or health insurers for their services.?

The case was investigated by Detective James Gioia of the Maine Office of Attorney General?s Healthcare Crimes Unit, with assistance from Tom Avery, Investigator for the Board of Chiropractic Licensure and Special Agent Brian Pellerin, Office of Inspector General, U.S. Dept. of Health and Human Services. Mr. Stokes was prosecuted by Assistant Attorney General Michael Miller, Director of the Attorney General?s Healthcare Crimes Unit.

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Statement of Kate Simmons Regarding Law Enforcement's Use of Deadly Force in Old Orchard Beach

June 15, 2010

Statement of Kate Simmons Regarding Law Enforcement?s Use of Deadly Force in Old Orchard Beach

Contact: Kate Simmons (207) 626-8577

Old Orchard Beach - At 6 am, several federal Alcohol, Tobacco and Firearm (ATF) agents were executing search and arrest warrants on the residents of a home on Sandy Circle. There were four occupants of the residence, two men and two women. The agents were met with resistance from the occupants and gunfire was exchanged. One of the occupants of the residence, a male, was fatally injured. No other civilians or members of law enforcement sustained injuries.

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of that officer's duties. The function of the Attorney General?s investigation is to determine whether self-defense or defense of others, or other legal justification as defined in the Maine Criminal Code, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there might be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been avoided at all costs. At the conclusion of the Attorney General?s investigation, a complete report with factual details will be released.

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Attorney General Janet T. Mills Recognizes World Elder Abuse Awarness Day and Highlights Programs to Help Maine Seniors

June 15, 2010

Contact: Kate Simmons (207) 626-8577

To recognize World Elder Abuse Awareness Day, Attorney General Janet T. Mills reminds Maine seniors and those who care for them that elder abuse can take many forms, including financial abuse from scam artists, as well as financial exploitation and physical and mental abuse.

?Maine seniors deserve to be cared for and respected and not fall victim to financial scams or physical abuse,? stated Attorney General Mills. ?My office is committed to protecting seniors from deceptive marketing scams and providing resources to elders who are being taken advantage of by those who seek to diminish their quality of life.?

The Attorney General?s Office has recently seen a number of scams targeted specifically at Maine?s elder citizens. These include the ?grandparent? scam in which a scam artist calls seniors and claims to be their grandchild. The scammer explains that the grandchild needs money to be sent urgently for legal defense or another emergency and instructs the grandparents where to send the money and not to tell the child?s parents. The money winds up in the scam artist?s pocket and the grandparents learn later that they were deceived.

Scam artists are also contacting Medicare-eligible seniors and asking for them to divulge personal financial information to be eligible for a $250 check to cover medication costs not covered by Medicare Part D. Seniors enrolled in the Medicare Part D program who have spent more than $2,830 on prescription drugs are eligible for this one-time check. The check is sent automatically, and seniors should not share any personal financial information with anyone over the phone who is claiming that they must do so to qualify for their check.

Another scam targeting seniors is the sweepstakes or lottery scam. Seniors receive a call or letter from the scammer congratulating them on a prize they have won and explaining that they need to send some amount of money to take care of taxes or other shipping or transaction fees.
Many lonely seniors in particular fall prey to these types of scams. The scammers call frequently and as a result, the elderly feel that they have developed a ?friendship? and a sense of trust with the scammers. In one instance earlier this year, an elderly Maine woman had sent scammers more than $250,000 over several months. When warned about sending them any more money, she responded ?They?re waiting for the money and they trust me.?

?Scam artists are continually creating new scams to unfairly take advantage of Maine seniors,? stated Attorney General Mills. ?Seniors need to protect themselves and be skeptical of anyone who asks them to give money over the phone.?

Elderly residents of Maine who are concerned that they are being scammed should contact their local law enforcement office immediately or call the Attorney General?s Office at 626-8800.

Elders can also suffer from physical abuse and financial exploitation that is more destructive and that can occur in any setting. The Office of the Attorney General is committed to the protection of Maine's elderly citizens, and an investigator is assigned to facilitate the prevention, reporting, investigation and prosecution of elder abuse cases in Maine. In 2009, the Healthcare Crimes Unit of the Office of Attorney General received more than 1,100 referrals alleging abuse, neglect or exploitation of elder and vulnerable Mainers.

The alleged abusers are often family members or health care providers. Signs of abuse, neglect and exploitation include: bruising, fractures, abrasions, burns, pressure sores, dehydration, weight loss, inappropriate or soiled clothing, untreated medical conditions, and improper medication.

Signs of financial exploitation may include: unpaid bills, maxed out credit cards, re-financing the home when the senior depends on social security for income, lack of essential services to care for the victim, unexplained disappearance of funds or valuables, sudden excessive gifting absent a historical pattern, change in payee or power of attorney, reports from the elder that they signed papers they could not identify, and withdrawal or isolation from family and friends.

?Victims of elder abuse often cannot report that they are being harmed either because they are dependent on the abusing caregiver and fear retaliation or they are physically unable to contact someone for help,? stated Attorney General Mills. ?To help protect our elders, Maine people must be aware of the signs of elder abuse and how we all can help.?

Most victims never come forward and it is estimated that 84% of all elder abuse is never reported to authorities.

If you suspect abuse please call, the Elder Abuse Hotline at 1-800-624-8404. You may also report suspected abuse, neglect or exploitation to the Healthcare Crimes Unit at 207-626-8870 or online at AG.HCU@Maine.gov. If the incident needs immediate attention, please call 911.

For more information about elder abuse visit http://www.maine.gov/ag/

The Office of the Attorney General also leads Maine Elder Death Analysis Review Team (MEDART) to review deaths and cases of serious bodily injury associated with suspected abuse or neglect of elderly and vulnerable adults. The team?s membership includes representation from state, local and county law enforcement, prosecutors, victim advocates, licensing and certification, adult protective services, and mental health, a sexual assault nurse examiner and a geriatrician or a primary care physician.
MEDART meets bi-monthly to review selected cases, the purpose of which is to identify whether systems that have the purpose or responsibility to assist or protect victims were sufficient for the particular circumstances or whether such systems require adjustment or improvement.

MEDART seeks to foster system change that will improve the response to victims and prevent similar outcomes in the future.

For more information about MEDART, please visit: http://www.maine.gov/ag/elder_issues/medart.shtml -end-

Maine Awarded Contract to Decrease Youth Smoking Rates

June 16, 2010

Contact: John Archard, Tobacco Enforcement Coordinator, (207) 592-8149 Kate Simmons (207) 626-8577

Augusta ? Attorney General Janet T. Mills and Health and Human Services Commissioner Brenda Harvey announced today that Maine is one of the first states to receive a competitive grant from the Food and Drug Administration to increase the enforcement of state and federal tobacco laws. Grant funds will help the state reverse the recent upward trend in teenage smoking rates. The rate of smoking amongst Maine high school students reached a low of 14% in 2007, but increased to 18% in 2009.

The National Center for Disease control reports that of the people who begin smoking any tobacco products before the age of 19, 85% of them become lifelong smokers. In Maine, $602 million is spent annually on health care expenditures to treat tobacco-related illnesses, while $216 million in state Medicaid total health expenditures are caused by tobacco use.

?I am delighted that the federal government has given Maine this grant to do even more to prevent teens from taking up the dangerous habit of smoking,? said Attorney General Janet T. Mills. ?If we can keep tobacco products out of the hands of teenagers, we can reduce the toll of tobacco-related illnesses on Maine people, families and communities.?

Under the contract administered by the Maine Office of the Attorney General, the Department of Health and Human Services will receive over $750,000 to increase enforcement of federal and state tobacco laws. According to both federal and state law, tobacco sales to anyone under 18 are prohibited and retailers must check IDs of anyone under 27.

Retailers and consumers can find guidance on the new federal law on the FDA Tobacco Center website at http://www.fda.gov/TobaccoProducts/default.htm.

?Integrating youth access prevention into our comprehensive tobacco control program contributed to the decline in youth smoking between 1997 and 2007,? said Health and Human Services Commissioner Brenda Harvey. ?This contract is timely with Maine seeing an uptick in youth smoking. We expect this stepped up effort combined with the work of the Healthy Maine Partnerships will help get us back on track to seeing a reduction in youth smoking in Maine.?

State of Maine and Oppenheimer Funds Announce Settlement Regarding Maine College Savings Plan

June 22, 2010

Contact: Judith Shaw, Office of Securities (207) 624-8551

Bill Norbert, FAME, (207) 620-3540

Kate Simmons, Office of the Attorney General, (207) 626-8577

AUGUSTA ? The Finance Authority of Maine (FAME) and the Maine Office of Securities announced today that Maine has entered into a settlement with OppenheimerFunds, Inc. on behalf of certain NextGen College Investing Plan? (NextGen) participants. The settlement ends an investigation by the Office of Securities in conjunction with the Office of the Attorney General into the management of certain investments offered by OppenheimerFunds, Inc. within the NextGen College Investing Plan.

All OppenheimerFunds portfolios in NextGen were terminated by FAME in July 2009.

?This settlement, similar to those reached by other states with OppenheimerFunds, resolves the matter and returns money to the accounts of families so they may continue saving for college,? said FAME Chief Executive Officer Beth Bordowitz. ?We will continue to vigilantly monitor all funds offered in the NextGen plan for the benefit of Maine families and other account holders seeking to prepare for future college expenses.?

?I am pleased that the investigation by my Office and the Office of the Attorney General resulted in a settlement favorable to Maine residents,? said Securities Administrator Judith Shaw. ?I commend FAME for its diligence in overseeing funds critical to the continued success of Maine?s youth.?

?My staff and the Office of Securities continue to work together to protect Maine investors,? stated Attorney General Janet T. Mills. ?I appreciate FAME?s assistance throughout the investigation and the leading role that FAME and the Securities Administrator played in reaching this favorable result.?

The settlement will divide $6,030,000 among certain account holders based on their exposure to Oppenheimer Core Bond Fund from January 1, 2008 through March 31, 2009. A relatively small portion of the overall NextGen investments was invested in that Fund.

Affected investors who maintain a NextGen account will have their allocation of the settlement credited directly to their NextGen account. Others will be eligible to receive a check. FAME will be notifying affected account holders about the distribution of the settlement.

More information is available at www.me-edsettlement.com.

NextGen was created by the Maine Legislature in 1999 as a qualified tuition program under Section 529 of the Internal Revenue Code. It is a tax-advantaged investing program of the Finance Authority of Maine designed to help families prepare for higher education expenses. Merrill Lynch is the program manager and underwriter of the plan. Anyone can open an account, regardless of income or residency, and assets can be used at any accredited U.S. post-secondary institution. Matching grants are available to eligible families.

The Maine Office of Securities protects Maine investors by investigating and prosecuting violations of the securities laws; licensing broker-dealers, agents, investment advisers, and investment adviser representatives; and reviewing registration statements and exemption filings for securities issuers that are seeking to sell in Maine. To learn more information about the office, please visit http://www.maine.gov/pfr/securities/index.shtml

FAME is a quasi-independent state agency that provides innovative financial solutions to help Maine citizens pursue businesses and educational opportunities. To learn more about FAME, please visit www.famemaine.com.

NextGen is a Section 529 plan administered by FAME. Merrill Lynch, Pierce, Fenner & Smith Incorporated, a registered broker-dealer, member SIPC, is the program manager and underwriter. Before investing you should carefully consider the investment objectives, charges, expenses and risks of investing in the NextGen Plan. You should also consider whether your or the designated beneficiary?s home state offers any state tax or other benefits that are only available for investments in such state?s 529 plan. Request a Program Description from your Maine bank or financial advisor, or call FAME at 1-800-228-3734 and read it carefully.

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Attorney General Janet T. Mills Announces $173 Million Anti-Trust Settlement with Computer Chip Makers

June 24, 2010

For Immediate Release Thursday, June 24, 2010 Contact: Kate Simmons (207) 626-8577

Augusta ? Attorney General Janet T. Mills announced today a $173 million settlement with six manufacturers of Dynamic Random Access Memory (DRAM) computer chips who ?conspired in an illegal global scheme to fix prices.?

DRAM is a common form of memory chip that stores information temporarily for quick access. It is found in desktop computers, laptops, servers, printers and networking equipment such as routers and hubs. DRAM sales to major electronic manufacturers, including Dell, IBM, and Hewlett-Packard, exceed $5 billion a year in the United States and $17 billion worldwide.

?These technology companies acted illegally by fixing prices on computer chips,? stated Attorney General Mills. ?I will continue to take action against manufacturers who use illegal price-fixing schemes to unfairly take advantage of Maine businesses, local schools, governments, and consumers.?

Mills and 32 other state attorneys general participated in the settlement. In July 2006, the multi-state group, led by California, filed a complaint in federal district court alleging that Maine?s consumers and state agencies were forced to pay illegally inflated prices for products containing DRAM chips.

The DRAM manufacturers named in the lawsuit include the American companies Micron Technology, Inc. and NEC Electronics America, Inc., as well as foreign companies Infineon Technologies A.G. in Germany; Hynix Semiconductor, Inc. in South Korea; Elpida Memory Inc. in Japan; Mosel-Vitelic Corp. in Taiwan; and their American subsidiaries. The investigation into DRAM manufacturers? pricing practices revealed that from 1998 to 2002, the salespeople and upper management of all the companies held frequent meetings, made telephone calls and initiated other contacts in which they exchanged confidential information and agreed to charge customers illegally inflated prices on DRAM chips. They also agreed to exchange sales data in order to monitor and enforce their illegal price-fixing.

The result of this collusion was to keep DRAM prices artificially high instead of letting market forces operate freely through competition.

The U.S. Justice Department called the scheme ?one of the largest cartels ever discovered.? As a result of a federal investigation, four companies ?-- Samsung, Hynix, Infineon, and Elpida ? and 12 individuals have pleaded guilty to criminal price-fixing.

The settlement announced today requires the companies to refrain from illegal price-fixing and to conduct extensive employee-compliance training. The settlement must be approved by the court.

The defendants agreed to resolve both lawsuits, as well as lawsuits by private plaintiffs, by paying $173 million over two years plus interest to the affected consumers, schools and government offices. Samsung and another company, Winbond, reached settlement for $113 million in 2007.

?It is unacceptable to use illegal price fixing to overcharge Maine businesses and consumers for goods or services to inflate profits,? said Attorney General Mills. ?More than ever, during these tough economic times, every dollar Maine people spend should be going to needed goods or services, and not to expand corporate profits.? The other states participating in the settlement are Arizona, Arkansas, California, Colorado, Florida, Hawaii, Idaho, Illinois, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Virginia, Washington, West Virginia, and Wisconsin.

Distribution of the funds among the states and the affected parties will be approved by the court at a later date.

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Statement Regarding Law Enforcement's Use of Deadly Force in Augusta

July 8, 2010

Contact: Kate Simmons (207) 626-8577

Augusta ? Shortly after 9 am a police-involved shooting occurred near the Route 17 gate of the Togus Veterans Affairs Medical Center. The incident involved a confrontation between an armed military veteran, a member of the Togus Police Department and two Game Wardens. The Game Wardens witnessed the confrontation, and stopped to aid the officer from Togus. The armed individual, a male who was not a resident or staff person at the facility, was fatally injured in the confrontation. No other civilians or members of law enforcement sustained injuries. The Attorney General?s Office will release the name of the deceased when the identity of the individual is confirmed and the next of kin have been notified.

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of that officer's duties. The function of the Attorney General?s investigation is to determine whether self-defense or defense of others, or other legal justification as defined in the Maine Criminal Code, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there might be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been avoided at all costs. At the conclusion of the Attorney General?s investigation, a complete report with factual details will be released.

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Office of the Attorney General Releases Names of Victim and Officers Involved in Confrontation at Togus

July 8, 2010

Contact: Kate Simmons (207) 215-5088

Augusta - Shortly after 9 am a police-involved shooting occurred near the Route 17 gate of the Togus Veterans Affairs Medical Center. James F. Popkowski, 37, of Medway, was fatally injured. Togus police officer Thomas Park and Sergeant Ron Dunham of the Maine Warden Service used deadly force against Popkowski. Warden Joey Lefebrve witnessed the confrontation, but did not use deadly force. An autopsy will be conducted on Popkowski at the Office of the Chief Medical Examiner tomorrow.

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Attorney General's Findings re: April 23, 2010 Cyr Plantation Shooting

July 27, 2010

On the morning of April 23, 2010, Maine State Police Trooper Robert Flynn was dispatched to Van Buren to investigate a report that Neil Begin had threatened his wife, his adult son, and his son?s girlfriend with a high-powered hunting rifle the previous night at the family?s residence in Cyr Plantation. Begin was described by family members as highly intoxicated at the time of the threats.

From interviewing the victims and witnesses, Trooper Flynn learned that Begin had been drinking heavily the previous night and had become increasingly abusive to family members at the residence. He was told that Begin pointed the loaded rifle at his son, threatened to shoot him and, in succession, pointed the loaded rifle at his wife and his son?s girlfriend. At one point, according to the victims, Begin ?panned? the rifle, alternately pointing it at the wife, the son and the son?s girlfriend, threatening to shoot all of them. At other times, they said, Begin challenged his son to fight him, telling his son that he would kill him and that he (the son) would never get up again. Eventually Begin and the others went to bed. Begin woke up his wife later in the morning and told her to get out of the residence and take their son and the son?s girlfriend with her. Begin let them gather a few clothes, all the while continuing to challenge the son to a fight. At some point Begin assaulted his son by grabbing him by the throat and throwing him against the wall, threatening to kill him.

Following his interviews with Begin?s family members, Trooper Flynn met with two Border Patrol officers, Robert Kipler and Rick Romann, who were patrolling together in a single vehicle in Van Buren. The officers agreed to follow Flynn to the Begin residence in Cyr Plantation. Trooper Flynn confirmed with the District Attorney?s Office in Caribou that the information disclosed in his investigation constituted probable cause to believe that Begin had engaged in the felony of criminal threatening with a dangerous weapon. Trooper Flynn told the Border Patrol officers that he intended to go to the Begin residence in Cyr Plantation to speak with Begin and to arrest him.

The Begin residence is located on Route 1 south of Van Buren. The residence is situated close to the highway and is visible from the road. Trooper Flynn was in uniform and driving a marked police cruiser. Officers Kipler and Romann were also in uniform; they followed Trooper Flynn to the residence in Cyr Plantation in their own marked cruiser. None of the officers had had previous negative dealings with Mr. Begin; the only information they were aware of regarding Mr. Begin?s behavior was the information from the family members just before the approach to the residence.

The officers arrived at the residence on Route 1 at about 11 a.m. and parked their cruisers along Route 1 within sight of the mobile home. Trooper Flynn approached the mobile home and, unable to observe any movement inside the home, entered an open porch that provided access to the main entrance of the mobile home. At the door, Trooper Flynn shouted, ?Trooper Flynn, Maine State Police. Come to the door. Leave the gun behind, and come to the door.? Trooper Flynn could see Begin?s face through a small window high on the door and heard Begin say something unintelligible. He again told Begin to come outside and leave the gun behind. This was followed by commands of ?show me your hands,? and ?leave the gun inside.? The only verbal response from Begin was, ?Why?? Begin showed one of his hands, but refused to show both his hands and refused to open the door.

Through another window, Trooper Flynn saw Begin leave the door and run to the rear of the mobile home carrying a rifle. Trooper Flynn told the Border Patrol officers that Begin was running to the other end of the trailer and that he was armed. Trooper Flynn tried to open the door, but it was locked. He forced the door open and entered the home, followed by the other officers. The officers saw Begin at the opposite end of a hallway, and they heard Begin working the bolt action of a rifle.

Although daytime, the inside of the mobile home was dark and the officers used their flashlights to illuminate the hallway. The officers saw Begin moving back and forth and holding a rifle. The officers told him several times to drop the weapon. Begin?s only response was ?why?? and ?I didn?t do anything.? Trooper Flynn told Begin that he was under arrest for threatening his wife and son with a firearm; Begin responded, ?No,? and instructed the officers to get out of the house.

The officers observed Begin holding the rifle with his right hand. As he moved his other hand to the rifle, Trooper Flynn told him again to drop the weapon. Begin responded by moving so that the rifle was pointed at waist level toward the officers. Believing that Begin was about to fire the rifle, Trooper Flynn fired his service pistol and Officer Kipler fired a patrol rifle at Begin. Begin disappeared from sight behind a wall into a room. Trooper Flynn instructed Begin to ?show your hands? and to come out of the room; Begin responded, ?You shot me.? Only a few seconds elapsed before the officers saw Begin reappear from behind the wall and saw that he was still armed with the rifle. Begin again refused commands to drop the weapon. Flynn and Kipler fired at Begin again, and Begin fell to the floor. As the officers approached him, they could see the rifle behind him as well as a second firearm next to him.

Later investigation determined that Begin was struck five times by gunfire and died from a gunshot wound to the abdomen. He was initially treated at a hospital in Caribou and thereafter transferred to a hospital in Bangor where he died. At the time of his admission to the Caribou hospital, Begin?s blood alcohol concentration was 0.248%.

An audio recording captured through a remote microphone on Trooper Flynn?s uniform that was connected to his cruiser?s recording system disclosed the following:

  1. Within 50 seconds of his arrival at the Begin residence, Trooper Flynn was at the door of the residence addressing Begin and ordering him to come to the door without the gun.

  2. About two minutes elapsed before Trooper Flynn is heard telling the Border Patrol officers that Begin had gone to back of the house with the gun.

  3. Six seconds later, Trooper Flynn is heard ordering Begin to drop the gun. Trooper Flynn is also heard telling Begin that he heard him ?rack? the bolt action of the rifle.

  4. One minute and 12 seconds later, Trooper Flynn is heard telling Begin not to move his hand again or he will shoot.

  5. Twenty-two seconds elapse when the first volley of shots fired by Trooper Flynn and Border Patrol Officer Kipler is heard, as are continuing commands for Begin to drop the rifle.

  6. About 23 seconds later, the second volley of shots fired by Flynn and Kipler is heard, as well as continuing commands to drop the rifle.

Detectives from the Attorney General?s Office went to the scene of the shooting to conduct an investigation with the assistance of the State Police and the Office of the Chief Medical Examiner. Recovered from Begin?s residence near where he was shot were a bolt-action 30.06 rifle and a semi-automatic .22 caliber rifle. The Maine Drug Enforcement Agency was also called to remove a number of marijuana plants from the home.

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined in law, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for an individual to be justified in using deadly force for self-defense or the defense of others, two requirements must be met: First, the individual must reasonably believe that deadly force is imminently threatened against the individual or against someone else, and, second, the individual must reasonably believe that deadly force is necessary to counter that imminent threat.

Based on the above facts, the Attorney General has concluded that at the time that shots were fired on Mr. Begin, it was reasonable for Trooper Flynn and Officer Kipler to believe that deadly force was imminently threatened against them and against Border Patrol Officer Rick Romann. In addition, both officers reasonably believed it was necessary to use deadly force to protect themselves and Officer Romann from the imminent threat of deadly force. No criminal action will ensue against the officers involved in this tragic incident.

#

CONTACT: Kate Simmons (207) 626-8577

AG Mills Urges FDA to Fight Obesity with Truthful Food Labeling

August 2, 2010

Maine Attorney General Janet Mills joined Connecticut Attorney General Richard Blumenthal and ten other state attorneys general in urging the Food and Drug Administration to adopt stringent guidelines for food labeling.

In a joint statement to the FDA, the twelve attorneys general proposed that food products contain ?front-of-package? labels containing complete nutritional information, both good and bad, in common sense language to help consumers make healthy food choices for their families.

?Combating chronic diseases and obesity is one of the most important public health missions of our time,? Attorney General Mills stated. ?Providing consumers with accurate and meaningful nutrition information is an important step in addressing the epidemic of obesity which is contributing to heart disease, diabetes and shortened lives for adults and children alike in our society.?

The position of the attorneys general stems from a recent multistate investigation of the ?Smart Choices Program,? a voluntary labeling program designed by the food industry itself. In some cases, the investigation found, cereals which were labeled as being nutritionally acceptable contained as much as 12 grams of sugar per one-cup serving?approximately 40 percent of the serving by weight.

The Smart Choices Program appeared to cherry-pick criteria from many different guidelines in order to include as many products as possible. The states alleged the program was misleading, confusing and ultimately deceptive under Connecticut?s consumer protection laws. Shortly after the multistate investigation aired the concerns of the attorneys general, the food industry suspended the Smart Choices program indefinitely.

This industry-run program illustrated the need for a uniform labeling system to provide consumers with an accurate nutrition picture of the products available to them, Connecticut Attorney General Blumenthal stated.

The attorneys general urged the FDA to follow specific principles in its labeling standards:

? Transparency of underlying standards. Any national front-of-package labeling system should be based on publicly available standards, including an updated version of the Dietary Guidelines for Americans 2005, containing the best available nutritional criteria.

? Applicability. Front-of-package labels should apply to as many foods as possible and not require payment by food manufacturers beyond a reasonable licensing fee.

? Understandability. Labels should be readily understandable by people of varying educational levels, based on the best consumer research.

? Helpfulness. Labels should be designed to facilitate informed and healthy consumer choices.

? Uniformity. A national, uniform front-of-package label should be the sole nutritional label on the front of food packages. Competing graphics or messages would only mislead consumers and undermine the effort to provide clear information.

States joining the formal comments to the FDA include: Arizona, Connecticut, Delaware, Maine, Maryland, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Tennessee and Vermont.

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CONTACT: Maine Attorney General (207) 626-8599

Pharmaceutical Company Allergan to Pay $600 Million for Off Label Marketing of Botox

September 1, 2010

Attorney General Janet T. Mills announced that the State of Maine joined the federal government and other states to reach an agreement in principle with pharmaceutical manufacturer, Allergan, Inc., and Allergan USA, Inc. to settle allegations of improper off-label marketing of the drug Botox. Allergan will pay the states and the federal government $225 million dollars, of which $33 million dollars is for Medicaid nationwide. The MaineCare Program will receive $74,297.00 as restitution of Medicaid monies spent from the settlement.

Additionally, the Office of the United States Attorney for the Northern District of Georgia filed an Information in the United States District Court alleging a misdemeanor violation of the Food, Drug and Cosmetic Act. In a plea agreement with the United States, Allergan has agreed to enter a guilty plea and pay an additional $350 million dollars in criminal fines to the federal government and $25 million in forfeiture to resolve the criminal charges.

The national federal and state settlement totaling $600 million dollars resolves allegations that Allergan promoted the drug Botox for uses other than what the Food and Drug Administration approved. Botox was initially approved for strabismus (crossed eyes) and blepharospasm (uncontrollable eye blinking), cervical dystonia (abnormal head and neck posture with involuntary contractions) and underarm sweating.

The investigation revealed that Allergan engaged in a nation-wide campaign to market Botox to patients suffering from headache, pain, overactive bladder and spasticity. The marketing plan included providing physicians ?free? reimbursement services and support which included coaching physicians to use a muscle spasm code in order to obtain reimbursement for this off-label use. Allergan also funded continuing medical education programs, honoraria, and grants to health care professionals to promote off-label uses for Botox.

This settlement reimburses the federal government and participating states for excessive amounts paid by the Medicaid program as a result of Allergan?s improper off-label marketing campaign and other improper conduct. Additionally, Allergan entered into a Corporate Integrity Agreement (CIA) with the Department of Health and Human Services, Office of Inspector General, requiring strict scrutiny of its future marketing and practices.

A team from the National Association of Medicaid Fraud Control Units participated in the investigation and represented the interests of the states during negotiations with Allergan. Team members included representatives from Oregon, Georgia and New York.

Maine?s Medicaid Fraud Control Unit is headed by Assistant Attorney General Michael Miller who represented the State on the settlement.

Anyone with any information about Medicaid provider fraud or abuse may call the Maine Healthcare Crimes Unit within the office of the Attorney General at (207) 626-8870.

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CONTACT: Michael Miller (207) 626-8891

Attorney General Janet T. Mills Galvanizes the Fight Against Prescription Drug Abuse In Maine

September 16, 2001

National Take-Back Intitiative Press Conference Wednesday, September 8, 2010 Attorney General Janet T. Mills

Too often we hear the phrase, ?I?m from the government. I?m here to help you.?

Today the members of the state, federal and local governments ask for your help in combatting one of the biggest threats to our social fabric in this decade: prescription drug diversion and abuse.

In the last nine years, the number of deaths from misuse of prescription drugs has more than doubled.

The number of homicides related to prescription drugs is on the rise: people are literally killing each other over this stuff.

The number of drug related deaths has surpassed the number of traffic fatalities on Maine's highways.

Pharmacy robberies, home invasions, assaults and violent crimes related to prescription drugs have become an everyday occurrence, every day's news, with dangerous consequences.

Elderly and disabled people are abused and exploited for their prescriptions.

Prescription drugs is the number one cause of crime in our state today.

Prescription drug misuse and diversion costs us millions in Mainecare funds, in insurance claims, in hospital, medical and psychiatric care.

The "National Prescription Drug Threat Assessment," published by the U.S. Department of Justice, reports that prescription drug misuse costs public and private insurers $72.5 billion a year and that it has resulted in a 114 percent increase in overdose deaths. We are paying for this problem in every way.

More importantly and more tragically, 464 drug-affected babies were born in Maine in 2008 alone. Imagine the impact of these births on our foster care system, on our health care system, on our education system, on the social, medical and economic fabric of our society.

Prescription drug diversion is an epidemic in our state, in our nation today. It is a public health issue, an economic issue, a public safety issue, an environmental issue. We need to cry out, "all hands on deck!"

The idea that prescription drugs are safe is a thing of the past. Prescription drugs are drugs and they are dangerous when used improperly.

You can help.

Getting rid of unused or expired medicines will help ensure your own safety. Without drugs in the medicine cabinet, thieves will not target you. Without drugs in the medicine cabinet, children, neighbors, friends and others cannot turn on you, raid your home, hold you hostage. A drug-free home is a safe home.

So, we are from the government. We are here to help you. Help us help you. Spread the word. Let's make Maine the most successful "drug take-back" state in the country on September 25th! The safe disposal of prescription drugs is critical to the safety of our state.

On September 25th, take back the security of your home. Take back the safety of our streets. Take back the sanity of our communities... Take back those drugs!


To find a drug take-back site near you, visit: http://www.deadiversion.usdoj.gov/takeback/

On September 8th, Attorney General Janet T. Mills, flanked by law enforcement officers and community members, spoke to a crowd in the Hall of Flags about the National Prescription Drug Take-Back Initiative scheduled for September 25th. Her remarks were as follows:

Attorney General Janet T. Mills Galvanizes the Fight Against Prescription Drug Abuse in Maine

September 16, 2010

National Take-Back Initiative Press Conference

Wednesday, September 8, 2010

Attorney General Janet T. Mills

On September 8th, Attorney General Janet T. Mills, flanked by law enforcement officers and community members, spoke to a crowd in the Hall of Flags about the National Prescription Drug Take-Back Initiative scheduled for September 25th. Her remarks were as follows:

Too often we hear the phrase, ?I?m from the government. I?m here to help you.?

Today the members of state, federal and local governments ask for your help in combating one of the biggest threats to our social fabric in this decade: prescription drug diversion and abuse.

In the last nine years, the number of deaths from misuse of prescription drugs has more than doubled.

The number of homicides related to prescription drugs is on the rise: people are literally killing each other over this stuff.

The number of drug related deaths has surpassed the number of traffic fatalities on Maine?s highways.

Pharmacy robberies, home invasions, assaults and violent crimes related to prescription drugs have become an everyday occurrence, every day?s news, with dangerous consequences.

Elderly and disabled people are abused and exploited for their prescriptions.

Prescription drugs is the number one cause of crime in our state today.

Prescription drug misuse and diversion costs us millions in MaineCare funds, in insurance claims, in hospital, medical and psychiatric care.

The ?National Prescription Drug Threat Assessment,? published by the U.S. Department of Justice, reports that prescription drug misuse costs public and private insurers $72.5 billion a year and that it has resulted in a 114 percent increase in overdose deaths. We are paying for this problem in every way.

More importantly and more tragically, 464 drug-affected babies were born in Maine in 2008 alone. Imagine the impact of these births on our foster care system, on our health care system, on our education system, on the social, medical and economic fabric of our society.

Prescription drug diversion is an epidemic in our state, in our nation today. It is a public health issue, an economic issue, a public safety issue, an environmental issue. We need to cry out, ?all hands on deck!?

The idea that prescription drugs are safe is a thing of the past. Prescription drugs are drugs and they are dangerous when used improperly.

You can help.

Getting rid of unused or expired medicines will help ensure your own safety. Without drugs in the medicine cabinet, thieves will not target you. Without drugs in the medicine cabinet, children, neighbors, friends and others cannot turn on you, raid your home, hold you hostage. A drug-free home is a safe home.

So, we are from the government. We are here to help you. Help us help you. Spread the word. Let?s make Maine the most successful ?drug take-back? state in the country on September 25th! The safe disposal of prescription drugs is critical to the safety of our state.

On September 25th, take back the security of your home. Take back the safety of our streets. Take back the sanity of our communities? Take back those drugs!

To find a drug take-back site near you, visit: http://www.deadiversion.usdoj.gov/takeback/

Supporting documents

Attorney General Mills Speaks About Prescription Drug Abuse in Maine

Novartis to pay $422.5 Million to Settle Claims of Off-Label Drug Marketing and Kickbacks

October 1, 2010

Attorney General Janet T. Mills announced today that Maine has joined with other states and the federal government to reach an agreement in principle with Novartis Pharmaceuticals Corporation (Novartis) to settle allegations it improperly promoted Trileptal and engaged in unlawful kickback schemes to induce physicians to prescribe Trileptal, Diovan, Zelnorm, Sandostatin, Exforge and Tekturna. As a result, Novartis will pay the states and the federal government $237.5 million in damages and penalties for losses to the Medicaid and other federal health care programs. Maine will receive $382,521.03 as part of this settlement. Additionally, the Office of the United States Attorney for the Eastern District of Pennsylvania filed a one count Information against Novartis Pharmaceuticals Corporation in the United States District Court alleging a misdemeanor violation of the Food, Drug and Cosmetic Act. In a plea agreement with the United States, Novartis has agreed to plead guilty and pay $185 million to resolve the criminal case. Novartis is a pharmaceutical manufacturer incorporated in Delaware and headquartered in East Hanover, New Jersey

Trileptal is an anti-epileptic drug approved by the Food and Drug Administration (FDA) for the treatment of partial seizures in patients who have epilepsy. The civil settlement resolves claims from January 1, 2001 through June 30, 2005, that Novartis promoted the sale and use of Trileptal for certain uses not approved by the FDA. The settlement resolves a government investigation into promotional activities by Novartis, which were directed at psychiatrists and other health care professionals, to induce physicians to prescribe Trileptal for unapproved uses such as the treatment of bipolar disorder and neuropathic pain. Novartis also offered and paid illegal remuneration to health care professionals to induce them to promote and prescribe Trileptal.

The settlement also resolves allegations that from January 1, 2002 to December 31, 2009, Novartis provided illegal remuneration, through mechanisms such as payments for speaker programs, advisory boards and the giving of gifts, (including entertainment, travel and meals), to health care professionals to induce them to promote and prescribe the drugs Diovan, Zelnorm, Sandostatin, Exforge, and Tekturna.

As one of the conditions of the settlement, Novartis will enter into a Corporate Integrity Agreement with the Office of the Inspector General of the United States Department of Health and Human Services (?HHS-OIG?), which will closely monitor Novartis? practices going forward.

These settlements are based on four separate qui tam lawsuits filed by private individuals; three of which were consolidated in the United States District Court for the Eastern District of Pennsylvania and one of which was filed in the Middle District of Florida under state and federal false claims statutes.

A team formed by the National Association of Medicaid Fraud Control Units participated in the investigation and represented the interests of the states during negotiations with Novartis. Team members included representatives from Ohio, Florida and New York.

Maine?s Medicaid Fraud Control Unit is headed by Assistant Attorney General Michael Miller who represented the State on the settlement.

Anyone with any information about Medicaid provider fraud or abuse may call the Maine Healthcare Crimes Unit within the office of the Attorney General at (207) 626-8870.

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CONTACT: Maine Attorney General 207) 626-8599

Tax Evader Sentenced to Jail

October 1, 2010

Machias?Attorney General Janet Mills announced that Jackie Fenton, age 61, of Jonesport, Maine, was sentenced in Superior Court in Machias on his plea of guilty to charges of failing to file his state income tax returns for 2003 to 2008. The charges are Class C felonies punishable to up to five years in jail, because this is the second time that Fenton has been convicted of failing to file taxes for multiple years. Fenton, a commercial fisherman, had previously been convicted on February 18, 2004, of failing to file state taxes for 1997 to 2002. State law increases penalties for individuals who have previously been convicted of failure to file their returns or pay their taxes.

Judge John Romei sentenced Fenton to two years in jail with all but six months suspended. Upon his release, Fenton will serve two years of probation, with the condition that he pay $16,046.42 in restitution for the most recent convictions. Fenton still owes over $10,000 in restitution from his prior tax convictions.

Attorney General Mills commented, "In these continued difficult economic times, the willful nonpayment of income taxes will not be tolerated. My office will take strong action against individuals who fail to pay their fair share forcing other Maine citizens to make up the difference.?

This case was investigated by Maine Revenue Services' Criminal Investigations Unit and prosecuted by the Attorney General?s Office by Assistant Attorney General Gregg D. Bernstein.

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CONTACT: Maine Attorney General 207) 626-8599

Police-Involved Shooting in Skowhegan

October 5, 2010

The Attorney General?s Office is investigating a police-involved shooting that occurred Monday night, October 4, 2010, on the Middle Road in Skowhegan. According to Nicole Sacre, spokesperson for the Attorney General, Kemp Lybrook, 28, of Skowhegan was shot and wounded near his home on the Middle Road in a confrontation with a member of the State Police Tactical Team, Trooper Mark Sperrey. Members of the Tactical Team had been outside the residence for several hours after the team?s assistance was requested by the Skowhegan Police Department, which had been earlier summoned to the residence after a report of a despondent man with a gun behaving in a threatening manner. According to initial reports, Lybrook was brandishing an assault rifle when he was shot by Trooper Sperrey and was approaching Trooper Sperrey and a second trooper behind Lybrook?s residence in a wooded area. Lybrook was taken to the hospital where he underwent surgery for a single gunshot wound. The incident is being investigated by the Attorney General?s Office with the assistance of the Skowhegan Police Department and State Police detectives.

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined in law, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

This is the fourth police-involved shooting in Maine this year.

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CONTACT: Maine Attorney General (207) 626-8599

Maine Attorney General Janet Mills Joins Multistate Mortgage Foreclosure Group

October 13, 2010

(Augusta, Maine) Attorney General Janet Mills is joining a coordinated national effort by state regulators and Attorneys General to investigate the practice of so-called ?robo-signing? in the mortgage servicing industry.

The Mortgage Foreclosure Multistate Group, comprised of state attorneys general in 50 states and state banking and mortgage regulators in thirty states, including Maine, will investigate whether individual mortgage servicers have improperly submitted documents in support of foreclosures. Specifically, the group will look into whether companies misrepresented on affidavits and other documents that they reviewed and verified documentation supporting foreclosure actions. The group will also determine whether companies signed affidavits outside the presence of a notary public or committed other irregularities regarding residential mortgage foreclosures. (See attached joint multistate group statement).

?This issue affects peoples? homes, the stability of our families and our local economy and the integrity of our judicial system,? said Attorney General Janet Mills. ?This probe will be thorough, expeditious, and fair to all concerned.?

Submitting foreclosure documents without verification or with false representations, and/or signing certain legal documents outside the presence of a notary public may constitute deceptive acts and unfair practices and may violate other state laws and court rules.

Mills noted that at least three court decisions in Maine in the last two months found serious flaws with documents filed on behalf of mortgage servicers. Maine?s highest court ruled in August that Mortgage Electronic Registration Systems, Inc., (?MERS?) is not a proper party to a foreclosure action. In addition, courts in both Maine and Florida have sanctioned GMAC for inappropriate document signing practices.

Mills said these recent court rulings highlight the need for a broader investigation into foreclosure practices conducted in Maine by out of state servicers.

Maine, like 22 other states, has a judicial foreclosure process for residential mortgages. Last year the Maine Legislature enacted a foreclosure mediation process which requires proof of ownership of the mortgage and presence of a person with authority to mediate in good faith all aspects of a residential mortgage.

The new multistate group, through an executive committee, will contact a comprehensive list of individual mortgage servicers. The group?s initial objectives include:

? Put an immediate stop to improper mortgage foreclosure practices. ? Review past and present practices by mortgage servicers subject to the inquiry. ? Evaluate potential remedies for past practices and to deter future improper practices. ? Establish a mechanism for more effective independent monitoring of future mortgage foreclosure practices.

The Mortgage Foreclosure Multistate Group will consult with federal regulators and agencies, including the Mortgage Fraud Working Group of the Financial Fraud Enforcement Task Force (FFETF), which was created in 2009.

?This is a cooperative and coordinated effort to address a serious problem,? said Attorney General Mills. ?The group may limit, expand or change its objectives, but it won?t stray from the goal of addressing a situation that has affected hundreds of thousands of homeowners.?

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Contact: Office of the Attorney General (207) 626-8599

Supporting documents

Attorney General Janet T. Mills Announces Federal Consumer Grant Award

October 19, 2010

Augusta, ME ? Attorney General Janet T. Mills announced today her office?s receipt of $135,000 in federal funding to provide Maine consumers with advice about health insurance coverage and their rights to appeal denials by private insurers.

The grant, awarded by the federal Department of Health and Human Services, made possible through the Affordable Care Act?s Consumer Assistance Program Grants, provides funding to state agencies to implement programs that serve the public by assisting them with the many complexities that can be associated with obtaining and receiving fair and affordable health insurance.

The program will be coordinated by the Maine Attorney General?s Office in collaboration with the Maine Bureau of Insurance and the non-profit organization Consumers for Affordable Health Care. It will, among other things, help Mainers by assisting them in plan selection and enrollment. It will also educate consumers about their rights as recipients of private health insurance and will aid consumers with complaints and grievances against insurers by helping them to undertake the process of filing both internal and external appeals. If patterns of deceptive behavior are identified, referrals may be made to the Bureau of Insurance for regulatory action, or the Attorney General?s office may take action if any unfair practices are detected.

?We?re here to protect Maine consumers,? said Attorney General Mills when announcing the award. ?This Consumer Assistance Program will help us to do just that. Insurance is a complicated and ever-changing field. Mainers deserve a program that will help them to navigate its complexities and ensure that they have the maximum health coverage allowed by law and contract.?

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Contact: Elizabeth Rozeboom (207) 626-8559

Forensic Nurses Week November 8th through November 12th

October 25, 2010

Attorney General Janet T. Mills praised Governor John E. Baldacci for proclaiming November 8th through 12th ?Forensic Nurses Week.?

The Attorney General?s office houses the State?s Sexual Assault Forensic Examiner Program(SAFE) which provides training and technical assistance for healthcare providers in the care of patients who have suffered sexual assault, and in the use of the Maine sex crimes kit for collection of evidence. Forensic Nurses are trained to perform medical-forensic exams, minimize the patient's waiting period to receive care, to compassionately attend to the needs of the patient in an effort to reduce the trauma from the assault and to collect evidence in a manner that meets state standards promoting successful prosecution.

The Governor?s proclamation recognizes nurses who lead the healthcare system?s response to violence around the world. Forensic Nurses Week is organized by the International Association of Forensic Nurses (IAFN), a nursing association representing over 3,000 registered nurses, death investigators, other forensic medical professionals, correctional officers, and law enforcement.

Studies show that nearly 40% of people experience consequential violence or abuse, and these victims access the healthcare system at least twice as frequently as those without a history. Forensic Nurses are the first responders to victims upon entering the healthcare system. They care for victims of physical, psychological and/or social violence and/or abuse.

Nationally, forensic nurses provide nursing care, collect evidence and provide consultation in a variety of areas including: sexual assault, domestic violence, child abuse and neglect, death investigation, elder mistreatment, corrections, emergency services, mental health and public health. Additionally, forensic nurses provide direct services to individual clients, consultation services to nursing, medical and law related agencies, and expert court testimony in areas dealing with trauma and/or questioned death investigative processes, adequacy of services delivery, and specialized diagnoses of specific conditions as related to nursing.

In Maine over 150 Sexual Assault Forensic Nurses provide specialized care for victims of sexual violence, domestic violence/abuse, child abuse and neglect, and elder mistreatment.

?Maine?s forensic nurses are on the front lines, responding to some of the worst forms of violence one person can do to another,? Governor Baldacci said. ?They play an important public health and criminal justice role, but their work goes beyond the science and the medicine. They also bring humanity and compassion to a terrible situation.?

Greater awareness of Forensic Nurses and their work ensures communities will utilize their services to prevent, mitigate, or intervene following acts of violence.

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Contact: Polly Campbell, RN 626-8806 Office of the Attorney General

Supporting documents

Glaxosmithkline to Pay $750 Million Dollars to Settle Allegations of Selling Adulterated Drugs

October 27, 2010

Attorney General Janet T. Mills announced on October 27, 2010, that the National Association of Medicaid Fraud Control Units joined the federal government to reach an agreement in principle with the pharmaceutical manufacturer GlaxoSmithKline (GSK) to settle allegations that the company introduced adulterated drugs into interstate commerce. As a result, GSK will pay the states and the federal government $600 million in civil damages and penalties for Medicaid and other federally-funded health care programs. Maine will receive $1,808,522 from the settlement. Additionally, GSK subsidiary, SB Pharmaco of Puerto Rico, where the drugs were manufactured, has agreed to plead guilty to a felony violation of the U.S. Food, Drug, and Cosmetic Act, and has agreed to pay $150 million in criminal fines and forfeitures.

The national federal and state civil settlement, totaling $600 million dollars, resolves allegations of poor manufacturing practices in the GSK facility located in Cidra, Puerto Rico. The investigation grew out of a false claims action filed in 2004 in U.S. District Court in Massachusetts. The whistleblower?s complaint alleged that GSK knowingly manufactured, distributed and sold four products ? Paxil CR, Avandamet, Kytril and Bactroban ? whose strength, purity and/or quality fell below the standards required by the FDA:

Paxil CR: A controlled-release antidepressant that included split tablets, causing recipients to receive either product with no active ingredient and/or product with only the active ingredient layer and no controlled release mechanism;

Avandamet: A diabetes medication with tablets containing higher or lower amounts of the active ingredient than specified;

Kytril: An anti-nausea drug labeled as sterile but with some vials containing impurities;

Bactroban: Antibiotic ointments and creams that, in some packages, were contaminated with microorganisms.

This settlement agreement reimburses the federal government and the participating states for the amounts paid by the Medicaid program as a result of GSK?s conduct. Additionally, GSK has agreed to the terms of a Corporate Integrity Agreement (CIA) with the Department of Health and Human Services, Office of the Inspector General, which will require scrutiny of GSK?s future manufacturing practices.

A team from the National Association of Medicaid Fraud Control Units represented the interests of the states during negotiations with GSK. Team members included representatives from New York, Massachusetts and Ohio.

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Contact: Maine Attorney General (207) 626-8599

Attorney General Janet T. Mills Sues Chimney Repair Business

November 9, 2010

Augusta, ME ? Attorney General Janet T. Mills has filed suit against Lysco Contracting Inc., a residential chimney and furnace repair business operating in central Maine, for unfair and deceptive trade practices.

The suit alleged that Lysco Contracting Inc., a Massachusetts corporation, defrauded homeowners by convincing them that they needed expensive repairs that were in fact unnecessary. The suit also alleged that the business was not registered to conduct door-to-door sales or transient sales in the State of Maine and that it failed to tell consumers they had three days to rescind a contract as required by Maine law.

The Attorney General?s Office has received a number of complaints that Lysco called older citizens and offered to inspect or clean their chimneys for $50 or less. Upon inspection, the company told consumers that their chimneys were dangerous and that they needed an expensive chimney liner. The company then sold the liner to them for thousands of dollars. Later inspections revealed that Lysco misrepresented the need for the liner and unlawfully persuaded consumers to spend money for unnecessary repairs.

?In tight economic times, Maine?s citizens cannot afford to lose money to such unscrupulous practices,? Attorney General Mills stated. ?This office will be vigilant to protect innocent Maine citizens and to pursue shoddy door to door salesmen who prey on our elderly.?

Maine consumers who believe that they were deceived by Lysco Contracting Inc., are encouraged to contact the Attorney General?s Consumer Protection Line at 1-800-436-2131.

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Attorney General Janet T. Mills Announces Results of Fraud Investigations

November 9, 2010

Contact: Kate Simmons, 626-8577

Attorney General Mills Announces Results of Fraud Investigations

Maine Attorney General Janet Mills announced the hiring of a new fraud prosecutor to pursue additional cases of abuse of Maine's safety net programs.

Assistant Attorney General Peter Black has been on the job for a month but has already brought several indictments for the misuse of various state administered programs. Mr. Black will focus on theft and fraud by recipients of state programs.

Grand Juries in three counties returned indictments over the past two weeks regarding fraud by state program recipients.

In Cumberland County, Steven Muise was indicted for Class C Theft, Class B Aggravated Forgery and Class D Misuse of Identification for using his deceased father?s EBT card.

In Androscoggin County, Kathleen Schidzig was indicted for Class B Theft, Class B Aggravated Forgery and three counts of Class D Unsworn Falsification for misuse of approximately $25,000 in TANF and ASPIRE benefits.

And in October the Kennebec County Grand Jury indicted Leah Wright for Class C Theft and eight counts of Class B Aggravated Forgery for having falsified documents from four different medical providers asserting that she was pregnant over a forty month period of time in order to qualify for food stamps and MaineCare benefits.

Over the past year and half other members of the Attorney General?s Office have brought successful prosecutions against thirteen different individuals for recipient fraud. These cases included diversion of Electronic Benefits Transfer (?EBT?) cards, misuse of ASPIRE program benefits, and food stamp, MaineCare and housing fraud.

In addition, the Attorney General?s HealthCare Crimes Unit has recouped more than $7.6 million in the last fiscal year alone from the misuse of health care safety net programs by providers. Much of these recoveries resulted from illegal practices by pharmaceutical companies who obtained taxpayer dollars through improper marketing of drugs to MaineCare providers.

"Maine's taxpayers should not tolerate people who abuse the system, big or small, rich or poor. We all want a government that is accountable and wise. Taxpayers deserve no less," Mills stated.

?While Maine's rate of abuse is certainly no worse than that of other states, when people in the private sector are losing their jobs, their homes, their hopes and their dreams, we in government have an even higher duty to guard the public purse and to pursue those who game the system and abuse the people's trust.?

Assistant Attorney General Peter Black is a magna cum laude graduate of Fairleigh-Dickinson University, a cum laude graduate of University of Georgia and a Navy veteran who served during Operation Desert Storm, achieving the rank of Lieutenant. He has extensive litigation experience with some of Maine's most prestigious law firms.

Anyone with specific information about fraud at hospitals, nursing homes or other health care institutions should call the Attorney General's HealthCare Crimes Unit at 626-8870.

In addition, the Attorney General pointed out that since 2008 the Maine Department of Audit has had a fraud hotline. Any citizen who has specific information about fraud or abuse or other improper or illegal acts against the state should call the fraud hotline at 624-6250 or email that office at: fraud.audit@maine.gov.

?People need to do more than simply complain about fraud. We need to work together to prevent fraud at all levels and to make sure that our hard earned tax dollars go to those truly in need,? Mills stated.

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Attorney General Janet T. Mills Applaud's FDA's Letters to Alcoholic Energy Drink Manufacturers Stating that Their Products are Unsafe

November 17, 2010

Contact: Kate Simmons 207) 626-8577

Maine Attorney General Janet T. Mills Applauds FDA?s Letters to Alcoholic Energy Drink Manufacturers Stating That Their Products Are Unsafe

Augusta - Attorney General Janet T. Mills applauded the U.S. Food and Drug Administration?s (FDA) issuance of warning letters today to four manufacturers of alcoholic energy drinks (AEDs) stating that the caffeine in their alcoholic beverages, including the popular brands ?Four Loko? and ?Joose,? are ?unsafe food additives,? making these products adulterated under federal law.

AEDs are alcoholic beverages to which caffeine and other stimulants, such as guarana, have been added at the point of manufacture. Packaged in 23.5 ounce cans resembling energy drinks with fruit flavors like Fruit Punch, Lemonade and Watermelon, some AEDs like Four Loko contain the alcohol equivalent of 5 or 6 beers and the caffeine equivalent of 4 to 5 colas or 1.5 to 2 cups of coffee in just one can.

Last year, Attorney General Mills joined other State Attorneys General and the San Francisco City Attorney in asking the FDA to determine that the use of caffeine in alcoholic beverages is not ?Generally Recognized as Safe,? or ?GRAS,? under FDA law. In support of that request, the Attorneys General submitted a report by experts in medicine, forensic toxicology, and public health documenting the dangers presented by these beverages, whose caffeine and other stimulant ingredients mask -- but do not offset -- alcohol intoxication.

Last November, the FDA informed manufacturers of AEDs that the Administration was not aware of any basis for concluding that the use of caffeine in alcoholic beverages is GRAS and gave them 30 days to submit substantiating data, warning that if it determined that the use of caffeine in their alcoholic beverages is not GRAS, the FDA would take appropriate action to ensure that the products are removed from the marketplace. Over the past year, medical and public health research has continued to confirm the dangers presented, particularly among young people with whom these beverages are most popular.

?Following the FDA?s year-long review, today?s action represents a significant step forward in removing these dangerous products from the market once and for all,? said Attorney General Mills. ?By trading on the popularity of non-alcoholic energy drinks, AEDs attract young people who wrongly believe that the caffeine will offset the intoxicating effects of the alcohol. These beliefs are fueled by aggressive youth-targeted marketing campaigns on social network sites and activities that promote excessive drinking. I applaud the FDA?s issuance of warning letters rejecting the manufacturers? unfounded claims that these products are safe.?

With increased consumption of these beverages among teens and college students, reports of alcohol poisoning, serious injury including sexual assault, and hospitalizations have become all too common. ?Over the past few months hardly a day has gone by that we have not heard or seen a news report about teens or college students somewhere in this country seriously injuring themselves or others after consuming AEDs, most often Four Loko,? said Attorney General Mills. ?As FDA?s letters make clear, there is no way to consume these beverages safely.?

Attorney General Mills and other members of the National Association of Attorneys General (NAAG) Youth Access to Alcohol Committee have taken previous actions regarding AEDs. In 2008, Attorneys General initiated investigations of the two leading manufacturers of AEDs at that time: MillerCoors Brewing and Anheuser-Busch. The investigations concluded with the companies agreeing to cease production of caffeinated alcoholic beverages altogether. However, smaller AED manufacturers introduced products packaged in larger containers (up to 23.5 ounces) and containing a higher percentage of alcohol (up to 12% alcohol by volume).

The FDA?s warning letters require that the manufacturers take prompt action to correct their violations of federal law, and that failure to do so may result in enforcement action.

Mills noted that these drinks are classified as ?distilled spirits? in Maine and cannot be sold as a malt beverage or beer. Therefore, can only be sold in stores that are allowed to sell liquor. For this reason, these products are not as prevalent in Maine as in other states.

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Attorney General Janet T. Mills Announces Alcoholic Energy Drink ?Joose" Will No Longer Be Sold In Maine

November 19, 2010

Contact: Kate Simmons (207) 626-8577

Augusta ? Maine Attorney General Janet T. Mills applauded the action of all four Maine distributors of Joose in agreeing to stop selling this alcoholic energy drink (AED) to Maine retailers. The distribution companies Federal Distributors, Maine Distributors, National Distributors and Valley Distributors took this action voluntarily in response to findings by the Food and Drug Administration that the addition of caffeine to Joose made this product unsafe.

AEDs are alcoholic beverages to which caffeine and other stimulants, such as guarana, have been added at the point of manufacture. Packaged in 23.5 ounce cans resembling energy drinks with fruit flavors like Fruit Punch, Lemonade and Watermelon, some AEDs like Four Loko contain the alcohol equivalent of 5 or 6 beers and the caffeine equivalent of 4 to 5 colas or 1.5 to 2 cups of coffee in just one can.

Alcoholic energy drinks (AEDs) have been subject to Attorney General scrutiny since 2008, when under pressure from State Attorneys General, Anheuser Busch InBev NV and MillerCoors LLC agreed to remove caffeine guarana and other stimulants from drinks such as MillerCoors Sparks and Anheuser's Tilt.

In September of 2009, Attorney General Mills joined other state attorneys general in urging the Food and Drug Administration (FDA) to take a stand against high levels of caffeine in alcoholic drinks. This week the FDA responded by informing seven manufacturers of AEDs that their products were not regarded as safe and effectively banned their sale.

As a result of the FDA action, all four distributors of Joose in Maine have agreed to stop selling Joose in this state. Four Loko, another drink that was the subject of the FDA action, was never sold in Maine because the manufacturer never applied to have it accepted and registered here.

"I have reviewed and relied on scientific evidence that demonstrate the dangers of mixing caffeine with alcohol. As these studies show, stimulants such as caffeine appear to mask the intoxicating effects of alcohol, which can lead to increased risk taking and other serious alcohol-related problems such as traffic accidents,? said Attorney General Mills. ?The effects of these drinks are particularly harmful because they drinks are aggressively marketed to young people."

Attorney General Mills applauded both the FDA action and the actions by Maine?s distributors as a reasonable response to a serious public safety issue.

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Attorney General Janet T. Mills Funds Foreclosure Relief Efforts

November 22, 2010

Augusta - Attorney General Janet Mills announced today that she is distributing $200,507 in foreclosure relief money from the Countrywide Financial Corporation settlement. The funds are being distributed to the state?s ten Community Action Programs based on the population of the areas they serve.

In July 2009, Maine settled its claims with Countrywide alleging that the company had engaged in predatory lending practices and in unfair and deceptive trade practices in connection with its loan servicing business. Under the settlement agreement, Maine received a total of $430,000 to first distribute to eligible homeowners with Countrywide loans who filed claims before the court-ordered deadline. The remainder funds are required by the settlement agreement to be used for foreclosure relief efforts. Attorney General Mills has determined that the remaining $200,000 will go to the ten CAP agencies.

"The HUD certified counselors at these CAP agencies have been doing a tremendous job helping consumers who are facing foreclosure," said Mills. "These agencies are well aware of the neediest homeowners in their respective areas and they best suited to decide how the money may be used to make the most difference in consumers' lives."

Other settlement terms require Countrywide, which is now owned by Bank of America, to offer qualifying consumers the opportunity for a loan modification. Consumers who do not qualify for a loan modification will be offered relocation assistance payments by Bank of America.

"The loan modification process is very confusing and frustrating for consumers,? stated Attorney General Mills. ?I urge consumers not to pay for foreclosure assistance. Foreclosure assistance programs that charge fees are often scams. Consumers at risk of foreclosure should contact a HUD certified counselor.?

Homeowners may obtain advice without charge from a HUD certified counselor by calling 1-888-664-2569. The HUD certified counselors located in many CAP agencies can help consumers work through a loan modification process. Also, a homeowner facing foreclosure has a right to mediation in the court system upon request.

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Attorney General Provides Funds to Good Shepherd Food Bank

November 23, 2010

Contact: Kate Simmons (207) 626-8577

Attorney General Janet T. Mills announced that $135,000 in proceeds from a court case will soon help to feed the hungry in Maine. The funds, which result from a price-fixing case against major vitamin companies, will be donated to the Good Shepherd Food Bank, the state?s largest distributor of emergency food to those in need. A small portion of the settlement funds will also go to the State?s Emergency Food Assistance Program to purchase food for low-income Mainers.

The money stems from a multistate lawsuit against 10 separate vitamin manufacturers. This is the second lawsuit emerging from the international vitamins price-fixing scheme. Both suits alleged a price-fixing conspiracy among vitamin manufacturers which indirectly raised the cost of food between 1988 and 2000. Because the majority of food items sold commercially contain vitamin products, the increase in the price of supplements resulted in higher prices for consumers across the country.

The latest settlement, approved by the court, is to compensate the public for the high prices of food products during the years of the price-fixing activities. Due to the impracticality of providing such a small rebate to so many consumers, the settlement allows the proceeds to be distributed to programs that benefit and improve the health or nutrition of Maine consumers. The Attorney General asked the court?s permission to use the money for emergency hunger relief, and the judge approved.

The Good Shepherd Food Bank will use the funds primarily to buy Maine-grown produce and Maine-processed food for distribution throughout the state. The Emergency Food Assistance Program will also purchase emergency food stores for low-income Mainers.

Attorney General Mills stated, ?I can think of no better use for this money than to feed the hungry at a time when our state is reeling from the economic downturn. When people are losing their jobs, their homes and their dreams due to a national recession, this money can provide some small comfort to those in need.?

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Attorney General Janet T. Mills Announces Reprieve for Homeowners

November 24, 2010

Attorney General Mills announced progress in her negotiations with GMAC Mortgage LLC and Bank of America regarding their foreclosure practices in Maine.

GMAC has agreed that it will temporarily halt sales on homes that have been foreclosed on, pending further talks to resolve the Attorney General?s concerns about the company?s foreclosure procedures.

GMAC recently encountered problems in court with its practice of ?robo-signing? affidavits in foreclosure cases. Bank of America has agreed not to proceed to judgment on any pending matters in Maine until it has completed an internal review of its foreclosure procedures and until it has informed the Attorney General of its findings and new procedures. According to Bank of America, this could happen as soon as next month.

Attorney General Mills has also expressed frustration with the Bank's Home Affordable Modification Program ("HAMP"). Bank of America acknowledged that there were delays due to backlogs.

"My office is receiving calls every day from homeowners who complain that the bank lost the paperwork and that they are unable to speak with the same person twice about their loan," Attorney General Mills stated. ?My office will continue to insist that the banks devote more resources to loan modifications and to streamlining their modification processes. I advise consumers to be persistent, to contact a HUD certified counselor and to document attempted contacts with their lender.?

A homeowner who is having trouble getting a trial modification converted to a permanent modification may obtain free advice from a HUD approved counselor by calling the Maine Foreclosure Prevention Hotline at 1-888-664-2569.

Attorney General Mills has also joined the national effort to change foreclosure practices of the major lenders and loan servicers. While multi-state talks are ongoing, Mills stated that no settlement has been reached. Mills noted that community banks in Maine are not the focus of this effort. ?Our local banks in Maine have been reasonable in handling foreclosure matters because they know their customers and they work with them whenever possible to avoid foreclosure and eviction during hard economic times.?

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Contact: Maine Attorney General (207) 626-8599

Fiscal Year 2010 Annual Report of the Maine Attorney General's Office

November 30, 2010

Friends,

I am pleased to present the Fiscal Year 2010 Annual Report of the Maine Attorney General's Office. ??

While our State is reeling from a recession of national proportions, while Maine people continue to ?lose their jobs, their hopes, their homes and their dreams, through no fault of their own, this Office has reduced General Fund expenditures, consolidated positions and streamlined functions. ?

We persuaded the federal court to terminate the 35-year long litigation in the Pineland case, saving millions in future court costs. We began a systematic review of all major state contracts, reducing financial risks to the State. We hired a dedicated welfare fraud prosecutor to ferret out abuse of our public benefits programs by recipients, while also pursuing provider fraud, recouping $7.6 million in Medicaid funds. ?

We beefed up the Computer Crimes Unit with a new prosecutor to focus on child pornography and to address the newest form of dangerous domestic violence: high tech stalking. ??

With the help of our Drug Prosecution Coordinator and the Chief Medical Examiner, I have made it a priority of this Office to address the epidemic of prescription drug abuse and diversion?the number one cause of crime in this State and the cause of more deaths than car crashes. ?We have spent hundreds of hours addressing the concerns of those facing foreclosure, helping elderly citizens who are victims of scams and resolving disputes between small businesses and consumers. ?

In all this, it has been a privilege for me ?to work with a highly professional team of attorneys, staff and volunteers to make sure that our government works effectively for the people. ? ? ?

Janet T. Mills
Attorney General?

Fiscal Year 2010 Annual Report (PDF)

Holiday Shopping Tips From Attorney General Janet T. Mills

December 3, 2010

The internet offers endless possibilities for finding the perfect gift without even having to go to the store. Many consumers are concerned about the safety of shopping on the internet. With so many products and companies to choose from, how do you sort out which online retailers are legitimate and which to avoid? Following these tips will help protect you from online scams and rip-offs.

?Many resources exist online to help consumers navigate warranty polices, pick reputable retailers to do business with, and even evaluate the content of video games for their children,? stated Attorney General Mills. ?By doing just a few minutes of research, consumers can make informed decisions about the products they purchase online and protect themselves from scams and disreputable retailers.?

  1. Deal with reputable businesses. Many businesses and product manufacturers have lists on their websites or product packaging of the websites where you can buy their goods. These sites are authorized online retailers, and sell legitimate products. If you are not shopping at an authorized online retail store, do some homework to make sure the company is legitimate before purchasing a product online. Identify the company's name, its physical address and an email address or phone number so you can contact the company in case of a problem.

  2. Look for secure websites. Shop from online sites that display "https://" rather than "http//" in the address bar. Also look for the padlock image at the bottom of the browser. These details indicate that the website is secure and has a safe encrypted connection. Sites that do not have secure connections are not storing customer data in a secure manner and could put your personal financial information at risk.

  3. Protect your privacy. All businesses require information about you to process an order. Some businesses share or sell the information to other retailers. If you are not comfortable with the sharing of your information, you can shop only from businesses that respect your privacy. Look for the business' privacy policy on the web site. T he privacy policy statement should tell you what personal information is collected at the site and how it will be used, and give you an opportunity to refuse having your information shared with other businesses.

  4. Understand the terms, conditions and costs involved in the sale. Find out up front what you are getting for your money by getting a complete, itemized list of costs involved in the sale. Look for information about restrictions, limitations or conditions of the purchase, warranties and guarantees, and cancellation, return, or refund policies. For more information on your warranty rights visit our website at: http://www.maine.gov/tools/whatsnew/index.php?topic=AGOfficeConsumerLaw_Guide&id=27922&v=article

  5. Check the Entertainment Software Rating Board (ESRB) ratings when shopping for computer or video games. Parents should be sure to understand the content of the games they purchase for children. Information about video game software ratings can be found at the Maine Merchants Association in Augusta or to the web site of the ESRB at www.esrb.org.

The ratings are in two parts. Rating symbols appear on the front of virtually every game?s packaging and include age recommendations, such as EC (Early Childhood 3+), E (Everyone 6+), E10+ (Everyone 10 and older), T (Teen 13+), M (Mature 17+) and AO (Adults Only, 18+). The rating symbol also appears on the back of a computer or video game box, along with content descriptors, which are brief words and phrases describing what?s in the game that triggered the rating or that may be of interest to parents.

For parents that wish to know more specific information about a game?s content, ESRB also offers ?rating summaries.? Available for all games rated since July 1, 2008, rating summaries provide a brief yet detailed description of the content in a game that factored into its rating, including specific examples. While they are not on game packages as are the ratings, parents can go online to look up rating summaries at home (via ESRB?s website at ESRB.org) or in the store aisle with a mobile device using ESRB?s mobile website (m.esrb.org) or free mobile app (ESRB.org/mobile).

Curtis Picard, executive director of the Maine Merchants Association, thanked General Mills for her leadership in educating parents about the rating system.

?These ratings are a tool that empowers shoppers to know more about what they are buying and to make choices that are best for them,? Picard said. ?I applaud and thank Attorney General Mills and the ESRB for raising awareness about this valuable resource available to Maine people.?

Maine Attorney General (207) 626-8599

Dannon Settles Charges of Deceptive Advertising for Activia and DanActive for $21 Million; Agrees to Change Marketing Practices

December 15, 2010

FOR IMMEDIATE RELEASE Contact: (207) 626-8577

Today, Maine Attorney General Janet T. Mills joined the Attorneys General of thirty-eight other states to file settlements with The Dannon Company, Inc. to settle allegations that Dannon made unsubstantiated and unlawful marketing claims about its Activia yogurts and DanActive dairy drinks. The lawsuit filed today by Attorney General Mills alleges that Dannon made unlawful claims in advertising, marketing, packaging, and selling Activia yogurts and DanActive dairy drinks, including claims that were not substantiated by competent and reliable scientific evidence.

Under the multistate settlement, Maine will receive $425,000 of the total $21 million settlement. The total settlement is the largest payment to date in a multistate settlement with a food producer. The funds will be used for consumer education or for nutrition education programs.

The Attorneys General and the Federal Trade Commission worked in close cooperation on the investigation, and the Federal Trade Commission also filed a settlement with Dannon today.

Activia yogurt products are sold throughout the United States. Dannon claimed that Activia helped to regulate one?s digestive system through one ingredient, a bacterial strain with purported probiotic benefits that Dannon trademarked under the name Bifidus Regularis. The Attorneys General alleged that Dannon represented that Activia improved intestinal transit time when an individual consumed one serving per day for two weeks. However, the majority of studies demonstrated a benefit only for individuals who consumed three servings per day for two weeks. The Attorneys General also alleged that Dannon made other unsubstantiated and unlawful claims about Activia?s benefits.

Dannon also produces and distributes DanActive dairy drinks. Dannon represented that DanActive provided consumers with ?immunity? and cold and flu prevention benefits. The Attorneys General allege that those claims are unlawful and further, that Dannon lacked adequate substantiation to support those claims. As with Activia, Dannon?s advertising and marketing emphasized that DanActive contains a probiotic bacterial strain. In DanActive?s case, Dannon trademarked the bacterial strain under the fanciful name, L. casei Immunitas.

The court order prohibits Dannon from making misleading claims about Activia and DanActive and from representing that these products can prevent, treat, cure or mitigate disease. Dannon does not admit any wrongdoing and denies the factual allegations asserted in the Attorney General?s Complaint. Dannon cooperated with the multistate investigation.

Consumers who have complaints about unsubstantiated health or advertising claims or any consumer matter should contact the Office of the Attorney General Consumer Division at (207) 626-8800.

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Attorney General Janet T. Mills Announces Elan to Pay $102 Million, Eisai to Pay $11 Million to Settle Zonegran Marketing Claims

December 16, 2010

For Immediate Release Contact: Kate Simmons (207) 626-8577

Attorney General Janet T. Mills announced today that Maine joined with other states and the federal government to an agreement in principle with Irish pharmaceutical company Elan Corporation (Elan), and their North American subsidiary, Elan Pharmaceuticals, Inc. (EPI) to settle allegations that they improperly marketed its anti-epileptic drug Zonegran for off-label purposes. Elan will pay the states and the federal government a total of $101 million in damages and penalties to compensate Medicaid and various federal healthcare programs. In a related settlement, the federal government and states have separately agreed in principle to recover $11 million from Japanese company Eisai, Inc., who bought the drug from Elan, for continuing to improperly promote Zonegran. Maine will receive a total of $155,786 from the two settlements based on prescriptions paid for by MaineCare.

?Elan and Esai marketed Zonegran to pediatric neurologists when Zonegran had not been approved for use by anyone under age 16,? said Attorney General Mills. ?In times of economic stress, it is even more unacceptable for pharmaceutical corporations to abuse the system and force taxpayers to pick up the tab for pharmaceutical drugs marketed and sold for unapproved uses.?

In 2000, the Food and Drug Administration (FDA) approved Zonegran for treatment of seizures. The government contends that Elan, through EPI, improperly marketed Zonegran for off-label uses not approved by the FDA. State Medicaid and other federally funded health care programs then paid claims for illegal uses of Zonegran.

In addition to promoting Zonegran to pediatric neurologists, the government also contends that Zonegran was promoted illegally for off-label uses including treatment for neuropathic pain, obesity, headaches, and a variety of psychiatric conditions. The settlement also resolves allegations that Elan offered and paid illegal remuneration to health care professionals for promoting and prescribing Zonegran in violation of federal and state anti-kickback statutes. Elan has also agreed to plead guilty to a federal misdemeanor charge under the United States Food, Drug, and Cosmetic Act (FDCA) that it misbranded the drug Zonegran through illegal promotional activities. Elan will pay a criminal fine of $102 million to the federal government.

As a condition of its civil settlement, Elan will enter into a Corporate Integrity Agreement with the United States Department of Health and Human Services, Office of the Inspector General, to insure that the company does not engage in illegal marketing and sales practices in the future.

The settlements are based on a qui tam case that was filed in the United States District Court for the District of Massachusetts by a private individual under state and federal false claims statutes.

A National Association of Medicaid Fraud Control Units team participated in the investigation and conducted the settlement negotiations with Elan and Eisai on behalf of the settling states.

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Attorney General Janet T. Mills Announces Maine to Join States to Settle Complaints Against DIRECTV

Contact: Kate Simmons (207) 626-8577

Attorney General Janet T. Mills announced today that Maine has joined a $13.25 million multistate agreement with DIRECTV to settle allegations of deceptive and unfair sales practices. Additionally, some consumers who have had problems with DIRECTV may be eligible for a refund directly from the company.

?Consumers everywhere are trying to cut back on expenses. In this economy, every dollar counts, including money families spend on satellite television service,? Attorney General Mills said. ?This office has received 120 complaints about this company since 2008. Our office joined with Attorneys General across the country to forge an agreement to change the company?s practices.?

Among the allegations in the multistate investigation were that DIRECTV:

? Did not clearly disclose how much consumers were being charged and the existence of cancellation fees and other terms of the contract; ? Enrolled consumers in additional contracts or contract terms without clearly disclosing the terms to the consumer; ? Enrolled consumers in additional contracts when replacing defective equipment; ? Misrepresented the availability of sports programming; ? Offered cash back to consumers but instead gave bill credits rather than cash.

As part of the settlement, DIRECTV, while not admitting any wrongdoing, has agreed to clearly disclose all material terms, costs and contractual commitments, as well as the availability of local and sports programming. Additionally, DIRECTV will change its practices with respect to cash reimbursements and cancellations. The company will clearly notify consumers that they will be charged for cancellation or equipment fees at least 10 days before charging the fee.

Maine?s share of the settlement is $185,000, which will is designated for the enforcement of Maine?s consumer laws.

Consumers who signed contracts with DIRECTV on or after January 1, 2007, may file a complaint directly with DIRECTV by June 9, 2011, to be considered for the restitution program. If the complaint cannot be resolved, DIRECTV will inform the consumer that the complaint will be decided by a Claims Administrator and will mail a Claim Form to the consumer. The Claims Administrator will then resolve the dispute between the consumer and DIRECTV.

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Attorney General Joins States to Settle Complaints Against DIRECTV

December 16, 2010

Attorney General Janet T. Mills announced today that Maine has joined a $13.25 million multistate agreement with DIRECTV to settle allegations of deceptive and unfair sales practices. Additionally, some consumers who have had problems with DIRECTV may be eligible for a refund directly from the company.

?Consumers everywhere are trying to cut back on expenses. In this economy, every dollar counts, including money families spend on satellite television service,? Attorney General Mills said. ?This office has received 120 complaints about this company since 2008. Our office joined with Attorneys General across the country to forge an agreement to change the company?s practices.?

Among the allegations in the multistate investigation were that DIRECTV:

? Did not clearly disclose how much consumers were being charged and the existence of cancellation fees and other terms of the contract;

? Enrolled consumers in additional contracts or contract terms without clearly disclosing the terms to the consumer;

? Enrolled consumers in additional contracts when replacing defective equipment;

? Misrepresented the availability of sports programming;

? Offered cash back to consumers but instead gave bill credits rather than cash.

As part of the settlement, DIRECTV, while not admitting any wrongdoing, has agreed to clearly disclose all material terms, costs and contractual commitments, as well as the availability of local and sports programming. Additionally, DIRECTV will change its practices with respect to cash reimbursements and cancellations. The company will clearly notify consumers that they will be charged for cancellation or equipment fees at least 10 days before charging the fee.

Maine?s share of the settlement is $185,000, which will is designated for the enforcement of Maine?s consumer laws.

Consumers who signed contracts with DIRECTV on or after January 1, 2007, may file a complaint directly with DIRECTV by June 9, 2011, to be considered for the restitution program. Consumers can complain in one of two ways: on line by going to www.directv.com/ag or by calling 1-800-DIRECTV.

If the complaint cannot be resolved, DIRECTV will inform the consumer that the complaint will be decided by a Claims Administrator and will mail a Claim Form to the consumer. The Claims Administrator will then resolve the dispute between the consumer and DIRECTV.

Consumers who signed contracts with DirecTV on or after January 1, 2007, may file a complaint directly with DirecTV by June 9, 2011, to be considered for the restitution program. Consumers can complain online by going to www.directv.com/ag or by calling 1-800-DirecTV. Consumers can also send in their complaint to the Maine Attorney General?s Consumer Protection Division and we will forward your complaint to DirecTV. Send your complaint to Maine Attorney General Consumer Protection Division, 6 State House Station, Augusta, Maine 04333 or by e-mail to consumer.mediation@maine.gov.

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Findings of the Attorney General in the Matter of the Shooting Death of James F. Popkowski on July 8, 2010, at the Togus VA Hospital

Facts

On the morning of July 8, 2010, James F. Popkowski, 37, of Medway, was shot and killed by law enforcement officers during an armed confrontation on the grounds of the Togus hospital facility of the U.S. Department of Veterans Affairs off Route 17 in Augusta.

Mr. Popkowski lived by himself in the Medway area, where he had been raised by an aunt and uncle and graduated from high school in 1990. Upon graduation, Mr. Popkowski enlisted in the U.S. Marine Corps. During his military career, he attained commissioned officer status. In 2003, Mr. Popkowski was diagnosed with a rare and aggressive form of cancer. A stem cell replacement resulted in serious long term side effects, and Mr. Popkowski medically retired from the Marine Corps. As a retiree, he qualified for certain medical benefits from the Department of Veterans Affairs, including outpatient care at the VA hospital at Togus, Maine. Mr. Popkowski routinely visited a VA outpatient clinic in Lincoln, Maine, which was closer to his home than the Togus facility in Augusta.

By 2009, Mr. Popkowski was expressing significant dismay with the quality of the medical treatment he was receiving from the VA hospital. He told others that he was not receiving his medications in a timely manner from Togus. He also expressed his feelings that the VA hospital at Togus was not responsive to his medical condition. He became especially focused in this regard on what he perceived as the failings of the VA director in assuring that he received adequate treatment and that his medications were delivered to him in a timely fashion.

On December 11, 2009, an employee at the Lincoln VA outpatient clinic contacted the Togus Police Department and reported that Mr. Popkowski had called her that day and threatened to load guns into his truck, drive to the Togus VA hospital, and ?blow it up,? unless he was allowed to speak with a particular physician?s assistant. The employee told the Togus Police that Mr. Popkowski was angry because he did not think that he was receiving his medications in a timely manner. The employee told Mr. Popkowski that prescriptions for his medications had been sent to the pharmacy at the Togus facility and that he would receive the medications soon. The employee offered to assist Mr. Popkowski in determining the status of the prescriptions, but Mr. Popkowski insisted on being able to speak with the particular physician?s assistant. The Togus Police contacted the physician?s assistant who, in turn, attempted to telephone Mr. Popkowski, but was unable to reach him. The Togus Police also attempted to contact Mr. Popkowski by telephone, but was likewise unsuccessful. The Togus Police then contacted a Penobscot County deputy sheriff and requested that the deputy check on the welfare of Mr. Popkowski at his home in Medway. In the meantime, the Togus Police was able to determine that Mr. Popkowski?s medications had been delivered to his home the afternoon of December 11, 2009, a few hours after Mr. Popkowski?s call to the Lincoln clinic. Three days later, the Togus Police received a message from the Penobscot County deputy sheriff that the deputy had indeed visited with Mr. Popkowski as a result of the December 11th request and, in the deputy?s opinion, Mr. Popkowski did not constitute a probable threat. As a result of this incident and because the Lincoln outpatient clinic does not have a police presence, Mr. Popkowski was notified by the Togus VA that he could no longer receive services at the Lincoln VA outpatient clinic, that he would be restricted to the VA hospital at Togus for any necessary medical services to which he was entitled.

On July 5, 2010, a few days before his death, Mr. Popkowski sent a series of messages through a social networking site to his biological mother in Massachusetts. On July 5 at 4:51 p.m., Mr. Popkowski wrote:

Mother?seeing the VA has not filled critical prescriptions in over three month?no surprise of my weight loss?if the cancer returns, whether it is the VA?s fault, or not?the children of the Director of VA Togus, Maine will grow up fatherless?just as my daughter will due to this man?s utter incompetence?I know where he lives?I know his schedule?I know what he drives?I have pics of his entire family?he is a dead man walking!

Three minutes later (4:54 p.m.), Mr. Popkowski added:

?in fact, I have his name printed on some specially modified rounds.

Mr. Popkowski continued four minutes later (4:58 p.m.): ?I hope [the] Director . . . is a man of faith?I hope he prays my cancer does not return and I snap?if I do snap?he will be my first priority?if my health, my life, were the least bit of his concern?he would ensure my meds were not three-plus months late?.DEAD MAN WALKING!?

And, finally, two minutes later (5:00 p.m.), Mr. Popkowski wrote:

?INCOMPETENT PEOPLE SHOULD NOT BE IN POSITIONS THAT ALLOW THEM TO IMPACT THE LIVE?S OF OTHERS!

During the afternoon of July 7, 2010, a neighbor was doing work at Mr. Popkowski?s house in Medway. Mr. Popkowski was in his garage cleaning a gun. Mr. Popkowski told the neighbor that doctors were trying to kill him by terminating his stem cell treatments. The friend also said that later that night, sometime between 10 p.m. and midnight, he heard gunshots coming from Mr. Popkowski?s property. The neighbor went to Mr. Popkowski?s house the next morning, July 8, only to discover that Mr. Popkowski was not at home. The neighbor observed several spent shotgun casings on the ground at the residence.

During the early evening of July 7, another neighbor and his family were traveling past Mr. Popkowski?s home and saw Mr. Popkowski?s dogs in the road. At the same time, the neighbor?s children pointed out a crudely-constructed sign outside Mr. Popkowski?s house. The sign, containing large block letters in yellow paint on dark-colored opaque plastic garbage bags strung together on a wooden frame, read:

MUCH LIKE ME, VA DIRECTOR = DEAD MAN WALKING.

In smaller lettering on the same sign:

SELF DEFENSE: HE IS NOT SENDING CRITICAL POST STEM TRANSPLANT MEDS. HE IS SLOWLY KILLING ME. WHAT IF I KILL HIM IN DEFENSE?!?!?!?!

The neighbor, who later reported that he spoke with Mr. Popkowski that evening, said that Mr. Popkowski was ?talking crazy? while in the process of ?patterning? (1) a 12-gauge shotgun outside his home. He said that Mr. Popkowski was talking about shooting over hoods of cars, although there was no mention at that time of Mr. Popkowski going to the Togus VA hospital in Augusta. Mr. Popkowski told the neighbor that he was slowly dying because the VA was not giving him his medications and the doctors were not listening to him. The neighbor said that Mr. Popkowski was focused on a particular person at the VA who the neighbor believed to be a doctor and who Mr. Popkowski referenced on the sign (2). During their conversation, the neighbor said that Mr. Popkowski was shooting the shotgun at targets held up by rocks at ?point blank range,? and that the shotgun pellets were ricocheting and coming close to striking him and Mr. Popkowski. He said Mr. Popkowski appeared oblivious to the danger. The neighbor became increasingly concerned over Mr. Popkowski?s careless handling of the shotgun. Mr. Popkowski went on to tell the neighbor that if he went to the Togus hospital and killed ?the doctor,? it would be a matter of self-defense. Mr. Popkowski told the neighbor that even if he went to jail as a result, he would at least get his medications on time, along with three square meals a day, a shower, and a roof over his head. The neighbor did not take seriously these statements by Mr. Popkowski. He said Mr. Popkowski was known to possess a large quantity of firearms. During the conversation, the neighbor said that Mr. Popkowski donned a shoulder holster containing a pistol, which he said was a common occurrence in that Mr. Popkowski ?always carried a pistol in a shoulder holster.?

The Penobscot County deputy sheriff who had checked on Mr. Popkowski after the incident at the Lincoln VA outpatient clinic on December 11, 2009, later told investigators that he knew Mr. Popkowski and would occasionally check on his welfare. Such was the case the morning of July 8, 2010, shortly after 10 a.m., when the deputy went to Mr. Popkowski?s residence and observed a man who was identified as the neighbor who had been at Mr. Popkowski?s home the day before doing work. The man pointed out the sign on the property. Concerned over the nature of the sign?s message, the deputy telephoned Togus VA only to learn of the earlier shooting that morning that resulted in Mr. Popkowski?s death.

On July 8, at about 4:30 a.m., Officer Thomas Park of the VA Police was patrolling the VA grounds when he saw a man reading a newspaper while sitting on the steps of Building 203. The man identified himself as James Popkowski and told Officer Park that he was waiting to see the director of the facility (3). Officer Park told Mr. Popkowski that the director was not yet in his office and, after determining that Mr. Popkowski was not an in-patient at the hospital, Officer Park instructed Mr. Popkowski that he would have to leave the facility and return during normal business hours. Officer Park observed Mr. Popkowski to be upset, ?tense and aggravated? and ?potentially confrontational.? Mr. Popkowski told the officer that he was upset with the VA because he was not getting his medications. Mr. Popkowski told Officer Park that the VA director was a ?worthless piece of sperm,? and expressed similar sentiments about the VA system in general. Officer Park attempted to persuade Mr. Popkowski to consult with the patient advocacy office at Togus, but Mr. Popkowski responded that he had already talked with all the people with whom he intended to talk and that he was going to do something about the deficiencies sooner or later. Mr. Popkowski, when asked, refused to elaborate further. Officer Park warned Mr. Popkowski that if he returned to the facility outside normal business hours, he would be charged with trespassing. Mr. Popkowski agreed to leave, but told the officer that he would return later. Mr. Popkowski entered a nearby dark colored pickup truck and drove toward the Route 17 gate. Officer Park noted that Mr. Popkowski was wearing a t-shirt, shorts, sneakers, and a baseball cap.

About 45 minutes later, at about 5:15 a.m., a Togus employee on his way to work was driving on Route 17 in Augusta when he observed a green pickup truck parked next to a water pump house a short distance from the north gate of the Togus VA. The employee saw a man at the rear of the truck, and presumed that the man was a water district employee checking on the pump house. Fifteen (15) minutes after that, a delivery truck driver traveling on Route 17 saw the same pickup truck parked near the pump house. The driver noticed that the door on the truck?s cap was open and he saw a person standing near the front of the truck. A resident living near the Route 17 Togus gate saw the pickup truck parked next to the pump house at about 6:00 a.m. Another resident of Route 17 went outside to retrieve his morning newspaper at about 7:45 a.m. and he saw the same pickup truck parked next to the pump house.

At about 9:20 a.m., two female employees of the VA were on break and sitting at a picnic table behind Building 209. They heard gunshots coming from the direction of a small pond on the grounds, and the sound of bullets coming close to them. Both women ran into Building 209 and reported the gunshots to the Togus Police. At least two other persons in the parking lot near Building 209 likewise heard gunshots. One of these persons heard about six gunshots coming from the direction of the pond, and heard at least one of the rounds striking tree branches near where his vehicle was parked. The other person, a military veteran familiar with the sound of small arms fire, heard about six gunshots that he believed were fired from the area of the pond. This witness said that he could discern by sound that at least one of the rounds came close to him. He also reported seeing other persons in the parking lot ducking and at least one of them running toward a building in apparent retreat. The same two residents on Route 17 near the VA who had earlier seen the pickup truck parked next to the pump house similarly heard gunshots at the same time. One of these residents heard several gunshots coming from the woods near the pump house, while the other resident heard five or six gunshots.

Still on duty, Officer Park overheard a radio transmission to another officer reporting gunshots being fired toward Building 209 from a location near the pond. Officer Park was instructed to check the area of the pump house off Route 17, a short ways from the north gate of the Togus VA facility (4). Officer Park drove to the pump house where he observed the pickup truck parked next to the building and recognized it immediately as the same truck Mr. Popkowski had driven off the Togus grounds nearly five hours earlier. Officer Park observed the stock of a rifle or shotgun inside the cab of the truck. He also saw two dogs in the back of the truck. Speculating that Mr. Popkowski was the person shooting near the pond and concerned that he would return to retrieve the firearm inside the truck, Officer Park decided to stay in the area for a while. In the meantime, he spoke with residents across the street who told him they had heard three to five gunshots coming from the woods behind the pump house near the Togus VA grounds. After hearing a single gunshot from the same area of the woods, Officer Park positioned himself near the pump house in view of the wooded path.

By happenstance, two game wardens, Sgt. Ronald Dunham and Warden Joey Lefebvre, were traveling together in a warden service vehicle headed east on Route 17 on their way to pick up a boat for a training session for new wardens. Sgt. Dunham observed Officer Park near the pump house with his service weapon drawn. While Warden Lefebvre parked the vehicle, Sgt. Dunham joined Officer Park who told Dunham that there was a man in the woods and the man had just fired a shot. Sgt. Dunham moved to a position of less foliage next to Route 17 and observed the foot path in the woods. Officer Park observed a man he recognized from his earlier encounter as Mr. Popkowski walking down the path toward Sgt. Dunham. Mr. Popkowski was wearing a shoulder holster and a baseball cap, and was now dressed in a green jump or flight suit with the pant legs tucked into his socks (5). Mr. Popkowski, arm extended, was holding a handgun and pointing it directly at Sgt. Dunham. Sgt. Dunham, positioned at the end of the path next to Route 17, had not yet observed Mr. Popkowski but, along with Officer Park, heard Mr. Popkowski shout in an agitated manner, ?You guys got a problem with my truck? Who the hell are you?? Sgt. Dunham identified himself as a game warden and then observed Mr. Popkowski walking at a brisk pace down the path and pointing a handgun directly at him. Sgt. Dunham and Officer Park issued successive commands for Mr. Popkowski to drop the gun. Mr. Popkowski, however, continued to advance on Sgt. Dunham with his handgun pointed directly at Sgt. Dunham at which point Officer Park and Sgt. Dunham simultaneously fired several rounds at Mr. Popkowski.

Mr. Popkowski died at the scene from what the Office of the Chief Medical Examiner later determined to be a single gunshot wound to the neck fired by Officer Park (6). Mr. Popkowski also suffered a non-fatal grazing gun shot wound to the right thigh.

While Officer Park rendered aid to Mr. Popkowski and called for emergency medical services, Sgt. Dunham, not knowing if additional persons were in the woods, walked up the path. At the top of a grade about 48 feet from where Mr. Popkowski was shot, Sgt. Dunham discovered a single-shot rifle with a scope in a partially open gun case, along with a bipod for the rifle. Also found nearby was a GPS device with three saved locations: the area of the pump house, the pond, and Mr. Popkowski?s residential location in Medway (7). It was discovered later that Mr. Popkowski was carrying on him a digital camera, a survival knife, and a pair of binoculars. A photograph on the camera dated 07/08/10 was a recent depiction of the parking lot near Building 209. The photograph was taken from behind a split rail fence next to the pond described by witnesses as the area from which the earlier series of gunshots emanated. Investigation disclosed areas of matted vegetation near the pond behind the fence. The bipod discovered by Sgt. Dunham showed evidence of this vegetation.

In addition to the rifle found on the path a short distance from where Mr. Popkowski was shot and the 9mm loaded semi-automatic pistol he was brandishing, additional loaded firearms ? three semi-automatic pistols, a rifle with a scope, and a shotgun ? were found in Mr. Popkowski?s pickup truck. Also found in the truck was another GPS device, a night vision spotting scope, and several hundred rounds of ammunition for the various firearms.

Detectives from the Attorney General?s Office went to the scene of the shooting to conduct an investigation with the assistance of the State Police and the Office of the Chief Medical Examiner, as well as the Augusta Police Department, Maine Warden Service, and the Togus VA Police Department.

Analysis and Conclusion

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense of the defense of others, as defined in law, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for an individual to be justified in using deadly force for self-defense or the defense of others, two requirements must be met. First, the individual must reasonably believe that deadly force is imminently threatened against the individual or against someone else, and, second, the individual must reasonably believe that deadly force is necessary to counter that imminent threat.

The Attorney General has concluded that at the time that shots were fired at Mr. Popkowski, it was reasonable for Officer Park and Sgt. Dunham to believe that deadly force was imminently threatened against them. In addition, both officers reasonably believed it was necessary to use deadly force to protect themselves from the imminent threat of deadly force against them. Because the law enforcement officers used deadly force in self defense, no criminal action will ensue against the officers involved in this tragic incident. This conclusion is based on an extensive scene investigation, interviews with numerous individuals, review of medical records, and all other evidence made available from any source. The investigation also disclosed that, prior to July 8, 2010, neither of the officers involved knew Mr. Popkowski nor had either of them had any interactions with him.

It is beyond the scope of this report and beyond the authority and expertise of this office to determine Mr. Popkowski?s motivations, his state of mind, or the medical or psychological underpinnings of his behavior and actions on July 8, 2010.

Footnotes

  1. Patterning a shotgun is a process where the shooter chooses a specific load and choke combination to test how the weapon shoots and delivers pellets to a specific area on the target at certain distances.
  2. The sign referenced the VA director, not a doctor.
  3. While Building 203 normally contained the office of the facility director, the building was undergoing renovations and the director?s temporary office was in another building, a fact of which Mr. Popkowski was unlikely aware.
  4. The pump house was also easily accessible on foot via a path through the woods from the pond to a point on Route 17 near the pump house, a distance of about two-tenths (2/10ths) of a mile.
  5. Later investigation determined that the jump suit was donned over the shorts and t-shirt Mr. Popkowski was known to be wearing during his earlier encounter with Officer Park on the steps of Building 203.
  6. When the officers shot at Mr. Popkowski, Officer Park was about 47 feet to the right of Mr. Popkowski, and Sgt. Dunham about 44 feet facing Mr. Popkowski.
  7. The chain of events, as well as the discovery of a high-powered rifle with scope and bipod and other indicia of ?sniper? activity, resulted in members of the State Police Tactical Team checking the area, as well as a team from the State Police checking for explosives and incendiary devices.

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Findings of the Attorney General in the Matter of the Shooting Death of James F. Popkowski on July 8, 2010 at the Togus VA Hospital

December 21, 2010

Findings of the Attorney General in the Matter of the Shooting Death of James F. Popkowski on July 8, 2010, at the Togus VA Hospital

Facts

On the morning of July 8, 2010, James F. Popkowski, 37, of Medway, was shot and killed by law enforcement officers during an armed confrontation on the grounds of the Togus hospital facility of the U.S. Department of Veterans Affairs off Route 17 in Augusta.

Mr. Popkowski lived by himself in the Medway area, where he had been raised by an aunt and uncle and graduated from high school in 1990. Upon graduation, Mr. Popkowski enlisted in the U.S. Marine Corps. During his military career, he attained commissioned officer status. In 2003, Mr. Popkowski was diagnosed with a rare and aggressive form of cancer. A stem cell replacement resulted in serious long term side effects, and Mr. Popkowski medically retired from the Marine Corps. As a retiree, he qualified for certain medical benefits from the Department of Veterans Affairs, including outpatient care at the VA hospital at Togus, Maine. Mr. Popkowski routinely visited a VA outpatient clinic in Lincoln, Maine, which was closer to his home than the Togus facility in Augusta.

By 2009, Mr. Popkowski was expressing significant dismay with the quality of the medical treatment he was receiving from the VA hospital. He told others that he was not receiving his medications in a timely manner from Togus. He also expressed his feelings that the VA hospital at Togus was not responsive to his medical condition. He became especially focused in this regard on what he perceived as the failings of the VA director in assuring that he received adequate treatment and that his medications were delivered to him in a timely fashion.

On December 11, 2009, an employee at the Lincoln VA outpatient clinic contacted the Togus Police Department and reported that Mr. Popkowski had called her that day and threatened to load guns into his truck, drive to the Togus VA hospital, and ?blow it up,? unless he was allowed to speak with a particular physician?s assistant. The employee told the Togus Police that Mr. Popkowski was angry because he did not think that he was receiving his medications in a timely manner. The employee told Mr. Popkowski that prescriptions for his medications had been sent to the pharmacy at the Togus facility and that he would receive the medications soon. The employee offered to assist Mr. Popkowski in determining the status of the prescriptions, but Mr. Popkowski insisted on being able to speak with the particular physician?s assistant. The Togus Police contacted the physician?s assistant who, in turn, attempted to telephone Mr. Popkowski, but was unable to reach him. The Togus Police also attempted to contact Mr. Popkowski by telephone, but was likewise unsuccessful. The Togus Police then contacted a Penobscot County deputy sheriff and requested that the deputy check on the welfare of Mr. Popkowski at his home in Medway. In the meantime, the Togus Police was able to determine that Mr. Popkowski?s medications had been delivered to his home the afternoon of December 11, 2009, a few hours after Mr. Popkowski?s call to the Lincoln clinic. Three days later, the Togus Police received a message from the Penobscot County deputy sheriff that the deputy had indeed visited with Mr. Popkowski as a result of the December 11th request and, in the deputy?s opinion, Mr. Popkowski did not constitute a probable threat. As a result of this incident and because the Lincoln outpatient clinic does not have a police presence, Mr. Popkowski was notified by the Togus VA that he could no longer receive services at the Lincoln VA outpatient clinic, that he would be restricted to the VA hospital at Togus for any necessary medical services to which he was entitled.

On July 5, 2010, a few days before his death, Mr. Popkowski sent a series of messages through a social networking site to his biological mother in Massachusetts. On July 5 at 4:51 p.m., Mr. Popkowski wrote:

Mother?seeing the VA has not filled critical prescriptions in over three month?no surprise of my weight loss?if the cancer returns, whether it is the VA?s fault, or not?the children of the Director of VA Togus, Maine will grow up fatherless?just as my daughter will due to this man?s utter incompetence?I know where he lives?I know his schedule?I know what he drives?I have pics of his entire family?he is a dead man walking!

Three minutes later (4:54 p.m.), Mr. Popkowski added:

?in fact, I have his name printed on some specially modified rounds.

Mr. Popkowski continued four minutes later (4:58 p.m.):

?I hope [the] Director . . . is a man of faith?I hope he prays my cancer does not return and I snap?if I do snap?he will be my first priority?if my health, my life, were the least bit of his concern?he would ensure my meds were not three-plus months late?.DEAD MAN WALKING!?

And, finally, two minutes later (5:00 p.m.), Mr. Popkowski wrote:

?INCOMPETENT PEOPLE SHOULD NOT BE IN POSITIONS THAT ALLOW THEM TO IMPACT THE LIVE?S OF OTHERS!

During the afternoon of July 7, 2010, a neighbor was doing work at Mr. Popkowski?s house in Medway. Mr. Popkowski was in his garage cleaning a gun. Mr. Popkowski told the neighbor that doctors were trying to kill him by terminating his stem cell treatments. The friend also said that later that night, sometime between 10 p.m. and midnight, he heard gunshots coming from Mr. Popkowski?s property. The neighbor went to Mr. Popkowski?s house the next morning, July 8, only to discover that Mr. Popkowski was not at home. The neighbor observed several spent shotgun casings on the ground at the residence.

During the early evening of July 7, another neighbor and his family were traveling past Mr. Popkowski?s home and saw Mr. Popkowski?s dogs in the road. At the same time, the neighbor?s children pointed out a crudely-constructed sign outside Mr. Popkowski?s house. The sign, containing large block letters in yellow paint on dark-colored opaque plastic garbage bags strung together on a wooden frame, read:

MUCH LIKE ME, VA DIRECTOR = DEAD MAN WALKING.

In smaller lettering on the same sign:

SELF DEFENSE: HE IS NOT SENDING CRITICAL POST STEM TRANSPLANT MEDS. HE IS SLOWLY KILLING ME. WHAT IF I KILL HIM IN DEFENSE?!?!?!?!

The neighbor, who later reported that he spoke with Mr. Popkowski that evening, said that Mr. Popkowski was ?talking crazy? while in the process of ?patterning?(1) a 12-gauge shotgun outside his home. He said that Mr. Popkowski was talking about shooting over hoods of cars, although there was no mention at that time of Mr. Popkowski going to the Togus VA hospital in Augusta. Mr. Popkowski told the neighbor that he was slowly dying because the VA was not giving him his medications and the doctors were not listening to him. The neighbor said that Mr. Popkowski was focused on a particular person at the VA who the neighbor believed to be a doctor and who Mr. Popkowski referenced on the sign (2). During their conversation, the neighbor said that Mr. Popkowski was shooting the shotgun at targets held up by rocks at ?point blank range,? and that the shotgun pellets were ricocheting and coming close to striking him and Mr. Popkowski. He said Mr. Popkowski appeared oblivious to the danger. The neighbor became increasingly concerned over Mr. Popkowski?s careless handling of the shotgun. Mr. Popkowski went on to tell the neighbor that if he went to the Togus hospital and killed ?the doctor,? it would be a matter of self-defense. Mr. Popkowski told the neighbor that even if he went to jail as a result, he would at least get his medications on time, along with three square meals a day, a shower, and a roof over his head. The neighbor did not take seriously these statements by Mr. Popkowski. He said Mr. Popkowski was known to possess a large quantity of firearms. During the conversation, the neighbor said that Mr. Popkowski donned a shoulder holster containing a pistol, which he said was a common occurrence in that Mr. Popkowski ?always carried a pistol in a shoulder holster.?

The Penobscot County deputy sheriff who had checked on Mr. Popkowski after the incident at the Lincoln VA outpatient clinic on December 11, 2009, later told investigators that he knew Mr. Popkowski and would occasionally check on his welfare. Such was the case the morning of July 8, 2010, shortly after 10 a.m., when the deputy went to Mr. Popkowski?s residence and observed a man who was identified as the neighbor who had been at Mr. Popkowski?s home the day before doing work. The man pointed out the sign on the property. Concerned over the nature of the sign?s message, the deputy telephoned Togus VA only to learn of the earlier shooting that morning that resulted in Mr. Popkowski?s death.

On July 8, at about 4:30 a.m., Officer Thomas Park of the VA Police was patrolling the VA grounds when he saw a man reading a newspaper while sitting on the steps of Building 203. The man identified himself as James Popkowski and told Officer Park that he was waiting to see the director of the facility (3). Officer Park told Mr. Popkowski that the director was not yet in his office and, after determining that Mr. Popkowski was not an in-patient at the hospital, Officer Park instructed Mr. Popkowski that he would have to leave the facility and return during normal business hours. Officer Park observed Mr. Popkowski to be upset, ?tense and aggravated? and ?potentially confrontational.? Mr. Popkowski told the officer that he was upset with the VA because he was not getting his medications. Mr. Popkowski told Officer Park that the VA director was a ?worthless piece of sperm,? and expressed similar sentiments about the VA system in general. Officer Park attempted to persuade Mr. Popkowski to consult with the patient advocacy office at Togus, but Mr. Popkowski responded that he had already talked with all the people with whom he intended to talk and that he was going to do something about the deficiencies sooner or later. Mr. Popkowski, when asked, refused to elaborate further. Officer Park warned Mr. Popkowski that if he returned to the facility outside normal business hours, he would be charged with trespassing. Mr. Popkowski agreed to leave, but told the officer that he would return later. Mr. Popkowski entered a nearby dark colored pickup truck and drove toward the Route 17 gate. Officer Park noted that Mr. Popkowski was wearing a t-shirt, shorts, sneakers, and a baseball cap.

About 45 minutes later, at about 5:15 a.m., a Togus employee on his way to work was driving on Route 17 in Augusta when he observed a green pickup truck parked next to a water pump house a short distance from the north gate of the Togus VA. The employee saw a man at the rear of the truck, and presumed that the man was a water district employee checking on the pump house. Fifteen (15) minutes after that, a delivery truck driver traveling on Route 17 saw the same pickup truck parked near the pump house. The driver noticed that the door on the truck?s cap was open and he saw a person standing near the front of the truck. A resident living near the Route 17 Togus gate saw the pickup truck parked next to the pump house at about 6:00 a.m. Another resident of Route 17 went outside to retrieve his morning newspaper at about 7:45 a.m. and he saw the same pickup truck parked next to the pump house.

At about 9:20 a.m., two female employees of the VA were on break and sitting at a picnic table behind Building 209. They heard gunshots coming from the direction of a small pond on the grounds, and the sound of bullets coming close to them. Both women ran into Building 209 and reported the gunshots to the Togus Police. At least two other persons in the parking lot near Building 209 likewise heard gunshots. One of these persons heard about six gunshots coming from the direction of the pond, and heard at least one of the rounds striking tree branches near where his vehicle was parked. The other person, a military veteran familiar with the sound of small arms fire, heard about six gunshots that he believed were fired from the area of the pond. This witness said that he could discern by sound that at least one of the rounds came close to him. He also reported seeing other persons in the parking lot ducking and at least one of them running toward a building in apparent retreat. The same two residents on Route 17 near the VA who had earlier seen the pickup truck parked next to the pump house similarly heard gunshots at the same time. One of these residents heard several gunshots coming from the woods near the pump house, while the other resident heard five or six gunshots.

Still on duty, Officer Park overheard a radio transmission to another officer reporting gunshots being fired toward Building 209 from a location near the pond. Officer Park was instructed to check the area of the pump house off Route 17, a short ways from the north gate of the Togus VA facility (4). Officer Park drove to the pump house where he observed the pickup truck parked next to the building and recognized it immediately as the same truck Mr. Popkowski had driven off the Togus grounds nearly five hours earlier. Officer Park observed the stock of a rifle or shotgun inside the cab of the truck. He also saw two dogs in the back of the truck. Speculating that Mr. Popkowski was the person shooting near the pond and concerned that he would return to retrieve the firearm inside the truck, Officer Park decided to stay in the area for a while. In the meantime, he spoke with residents across the street who told him they had heard three to five gunshots coming from the woods behind the pump house near the Togus VA grounds. After hearing a single gunshot from the same area of the woods, Officer Park positioned himself near the pump house in view of the wooded path.

By happenstance, two game wardens, Sgt. Ronald Dunham and Warden Joey Lefebvre, were traveling together in a warden service vehicle headed east on Route 17 on their way to pick up a boat for a training session for new wardens. Sgt. Dunham observed Officer Park near the pump house with his service weapon drawn. While Warden Lefebvre parked the vehicle, Sgt. Dunham joined Officer Park who told Dunham that there was a man in the woods and the man had just fired a shot. Sgt. Dunham moved to a position of less foliage next to Route 17 and observed the foot path in the woods. Officer Park observed a man he recognized from his earlier encounter as Mr. Popkowski walking down the path toward Sgt. Dunham. Mr. Popkowski was wearing a shoulder holster and a baseball cap, and was now dressed in a green jump or flight suit with the pant legs tucked into his socks (5). Mr. Popkowski, arm extended, was holding a handgun and pointing it directly at Sgt. Dunham. Sgt. Dunham, positioned at the end of the path next to Route 17, had not yet observed Mr. Popkowski but, along with Officer Park, heard Mr. Popkowski shout in an agitated manner, ?You guys got a problem with my truck? Who the hell are you?? Sgt. Dunham identified himself as a game warden and then observed Mr. Popkowski walking at a brisk pace down the path and pointing a handgun directly at him. Sgt. Dunham and Officer Park issued successive commands for Mr. Popkowski to drop the gun. Mr. Popkowski, however, continued to advance on Sgt. Dunham with his handgun pointed directly at Sgt. Dunham at which point Officer Park and Sgt. Dunham simultaneously fired several rounds at Mr. Popkowski.

Mr. Popkowski died at the scene from what the Office of the Chief Medical Examiner later determined to be a single gunshot wound to the neck fired by Officer Park (6). Mr. Popkowski also suffered a non-fatal grazing gunshot wound to the right thigh.

While Officer Park rendered aid to Mr. Popkowski and called for emergency medical services, Sgt. Dunham, not knowing if additional persons were in the woods, walked up the path. At the top of a grade about 48 feet from where Mr. Popkowski was shot, Sgt. Dunham discovered a single-shot rifle with a scope in a partially open gun case, along with a bipod for the rifle. Also found nearby was a GPS device with three saved locations: the area of the pump house, the pond, and Mr. Popkowski?s residential location in Medway 7). It was discovered later that Mr. Popkowski was carrying on him a digital camera, a survival knife, and a pair of binoculars. A photograph on the camera dated 07/08/10 was a recent depiction of the parking lot near Building 209. The photograph was taken from behind a split rail fence next to the pond described by witnesses as the area from which the earlier series of gunshots emanated. Investigation disclosed areas of matted vegetation near the pond behind the fence. The bipod discovered by Sgt. Dunham showed evidence of this vegetation.

In addition to the rifle found on the path a short distance from where Mr. Popkowski was shot and the 9mm loaded semi-automatic pistol he was brandishing, additional loaded firearms ? three semi-automatic pistols, a rifle with a scope, and a shotgun ? were found in Mr. Popkowski?s pickup truck. Also found in the truck was another GPS device, a night vision spotting scope, and several hundred rounds of ammunition for the various firearms.

Detectives from the Attorney General?s Office went to the scene of the shooting to conduct an investigation with the assistance of the State Police and the Office of the Chief Medical Examiner, as well as the Augusta Police Department, Maine Warden Service, and the Togus VA Police Department.

Analysis and Conclusion

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense of the defense of others, as defined in law, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for an individual to be justified in using deadly force for self-defense or the defense of others, two requirements must be met. First, the individual must reasonably believe that deadly force is imminently threatened against the individual or against someone else, and, second, the individual must reasonably believe that deadly force is necessary to counter that imminent threat.

The Attorney General has concluded that at the time that shots were fired at Mr. Popkowski, it was reasonable for Officer Park and Sgt. Dunham to believe that deadly force was imminently threatened against them. In addition, both officers reasonably believed it was necessary to use deadly force to protect themselves from the imminent threat of deadly force against them. Because the law enforcement officers used deadly force in self defense, no criminal action will ensue against the officers involved in this tragic incident. This conclusion is based on an extensive scene investigation, interviews with numerous individuals, review of medical records, and all other evidence made available from any source. The investigation also disclosed that, prior to July 8, 2010, neither of the officers involved knew Mr. Popkowski nor had either of them had any interactions with him.

It is beyond the scope of this report and beyond the authority and expertise of this office to determine Mr. Popkowski?s motivations, his state of mind, or the medical or psychological underpinnings of his behavior and actions on July 8, 2010.

(1) Patterning a shotgun is a process where the shooter chooses a specific load and choke combination to test how the weapon shoots and delivers pellets to a specific area on the target at certain distances. (2) The sign referenced the VA director, not a doctor. (3) While Building 203 normally contained the office of the facility director, the building was undergoing renovations and the director?s temporary office was in another building, a fact of which Mr. Popkowski was unlikely aware. (4) The pump house was also easily accessible on foot via a path through the woods from the pond to a point on Route 17 near the pump house, a distance of about two-tenths (2/10ths) of a mile. (5) Later investigation determined that the jump suit was donned over the shorts and t-shirt Mr. Popkowski was known to be wearing during his earlier encounter with Officer Park on the steps of Building 203. (6) When the officers shot at Mr. Popkowski, Officer Park was about 47 feet to the right of Mr. Popkowski, and Sgt. Dunham about 44 feet facing Mr. Popkowski. (7) The chain of events, as well as the discovery of a high-powered rifle with scope and bipod and other indicia of ?sniper? activity, resulted in members of the State Police Tactical Team checking the area, as well as a team from the State Police checking for explosives and incendiary devices.

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West Gardiner Man Sentenced to 21 Days in Jail for Failing to Pay Taxes

December 28, 2010

Contact: Kate Simmons Phone: (207) 626-8577

West Gardiner Man Sentenced to 21 Days in Jail for Failing to Pay Taxes

Augusta?Attorney General Janet T. Mills announced today that Joseph Darling, age 42, of West Gardiner was sentenced to jail last week in Augusta District Court for failing to pay his Maine income taxes from 2004 through 2007. Darling, an employee at Bath Iron Works, pled no contest to the charges.

At the sentencing hearing, Darling claimed that he was the Governor of the State of Maine and the income tax laws did not apply to him. He also argued that the Court did not have jurisdiction over him.

Judge Beth Dobson sentenced Darling to 21 days in jail and ordered him to pay $11,388 in restitution for the taxes he owes. Darling went into custody immediately.

"Darling?s claim of being Governor did not insulate him from his obligations under the tax laws,? stated Attorney General Mills. ?Even if he had in fact been Governor of the State, he would still have to pay his taxes.?

This case was investigated by Maine Revenue Services' Criminal Investigations Unit and prosecuted by the Attorney General?s Office by Assistant Attorney General Gregg D. Bernstein.

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Findings of the Attorney General in the Matter of the Shooting Death of Thomas Mayne on June 15, 2010 in Old Orchard Beach

December 28, 2010

Facts

In the early morning of June 15, 2010, Thomas P. Mayne, 58, a prominent member of the Outlaws Motorcycle Gang, was shot and killed by federal law enforcement agents during a shootout at Mr. Mayne?s home in Old Orchard Beach.

Mr. Mayne and 26 other members of the Outlaws Motorcycle Gang (OMG)[1] were the subject of a federal indictment and arrest warrant issued by the U.S. District Court for the Eastern District of Virginia in Richmond on June 11, 2010. The multi-count indictment alleged RICO[2] violations, conspiracy, drug trafficking, unlawful possession of firearms, and witness tampering. Mr. Mayne was identified in the indictment as an OMG regional treasurer and a former ?enforcer,? and one of four individuals living in Maine subject to arrest as a result of the indictment. The indictment also alleged that Mr. Mayne and an accomplice had shot a member of the Hell?s Angels Motorcycle Gang in Canaan, Maine, on October 8, 2009.[3] It was known that Mr. Mayne had previously boasted that if the police attempted to arrest him that he would become the most famous member of all of the Outlaws Motorcycle Gang by resisting the attempt with lethal force. On June 14, 2010, the U.S. District Court for the District of Maine issued a search warrant for Mr. Mayne?s residence in Old Orchard Beach for RICO-related evidence, narcotics, and weapons.

After a detailed briefing the day before that identified Mr. Mayne as a high risk individual who was reportedly heavily armed, a contingent of several federal agents from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), comprising a Special Response Team specifically trained for high risk operations, went to the Mayne residence at about 6 a.m. on June 15, 2010, in Old Orchard Beach, to execute the arrest warrant for Mayne as well as the search warrant issued the day before for the Mayne residence. They were accompanied by other federal agents, members of the Maine State Police, and an Old Orchard Beach police officer in a cruiser equipped with a video camera system, all of whom were clearly identified as law enforcement officers.

As the Special Response Team operators moved into position outside the Mayne residence, they were met with a volley of gunfire through a front window from inside the residence. Four of the operators[4] returned fire with rifles they were carrying, shooting into the same window from which the volley of gunfire had originated. Both the initial volley and the return fire were captured on the video camera system in the Old Orchard Beach police cruiser. Seven seconds elapsed from the initial volley to the cessation of return fire.

Mr. Mayne was killed by the return fire from the ATF agents. He was found deceased with a .45 caliber semi-automatic pistol in his hand in the same room from which it was determined that he shot at the agents. Later investigation also determined that there were four individuals in the Mayne residence at the time of the shooting, but only Mr. Mayne shot at the approaching agents. None of the other three individuals ? a man and two women ? offered armed resistance, although the man was arrested for interfering with federal agents in the execution of a warrant.

The investigation determined that in addition to the .45 caliber pistol found in Mr. Mayne?s hand, there was a shotgun and a rifle in the same room from which Mr. Mayne shot at the agents. It was also determined that Mr. Mayne had discharged the pistol?s capacity of six rounds at the approaching ATF agents.[5] The four agents who responded with gunfire discharged a total of 20 rounds, at least seven of which struck Mr. Mayne. Dr. Margaret Greenwald, the state?s Chief Medical Examiner, determined that six of the rounds struck Mr. Mayne in the head and neck, while a seventh round caused non-fatal wounds to both legs. Dr. Greenwald determined the cause of death to be multiple gunshot wounds to the head and neck.

Detectives from the Attorney General?s Office went to the scene of the shooting to conduct an investigation with the assistance of the State Police.

Analysis and Conclusion

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined in law, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force for self-defense or the defense of others, two requirements must be met. First, the person must reasonably believe that deadly force is imminently threatened against the person or against someone else, and, second, the person must reasonably believe that deadly force is necessary to counter that imminent threat.

The Attorney General has concluded that at the time that shots were fired at Mr. Mayne, it was reasonable for the four ATF agents who returned fire to believe that deadly force was being used against them. In addition, the agents reasonably believed it was necessary to use deadly force to protect themselves from the use of deadly force against them. Because the agents used deadly force in self defense, no criminal action will ensue against the officers involved in this incident. This conclusion is based on an extensive scene investigation that was consistent in all significant respects with the interviews of over 40 individuals, the review of medical records, and other evidence.

[1] The federal indictment described OMG as ?the American Outlaw Association, better known as the ?Outlaws,? a criminal organization whose members and associates engaged in criminal acts, including murder, attempted murder, robberies, assaults, extortion, arson, witness intimidation, narcotics violations, illegal gambling, and weapons violations.?

[2] The Racketeer Influenced and Corrupt Organizations Act is a federal law that provides for extended criminal penalties and other actions for acts performed as part of a continuing criminal enterprise or organization.

[3] According to the admission of another Outlaws Motorcycle Gang member in plea negotiations arising from the same indictment, he and Mr. Mayne did in fact shoot the Hell?s Angels Motorcycle Gang member in Canaan on October 8, 2009.

[4] The names of the four ATF agents, all from outside Maine, have been withheld in that there is a reasonable possibility that public release of such information would endanger the life or physical safety of the agents. See 16 M.R.S. ? 614(1)(H).

[5] A number of other firearms were found in other parts of the house.

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Attorney General?s Findings re: April 23, 2010 Cyr Plantation Shooting

On the morning of April 23, 2010, Maine State Police Trooper Robert Flynn was dispatched to Van Buren to investigate a report that Neil Begin had threatened his wife, his adult son, and his son?s girlfriend with a high-powered hunting rifle the previous night at the family?s residence in Cyr Plantation. Begin was described by family members as highly intoxicated at the time of the threats.

From interviewing the victims and witnesses, Trooper Flynn learned that Begin had been drinking heavily the previous night and had become increasingly abusive to family members at the residence. He was told that Begin pointed the loaded rifle at his son, threatened to shoot him and, in succession, pointed the loaded rifle at his wife and his son?s girlfriend. At one point, according to the victims, Begin ?panned? the rifle, alternately pointing it at the wife, the son and the son?s girlfriend, threatening to shoot all of them. At other times, they said, Begin challenged his son to fight him, telling his son that he would kill him and that he (the son) would never get up again. Eventually Begin and the others went to bed. Begin woke up his wife later in the morning and told her to get out of the residence and take their son and the son?s girlfriend with her. Begin let them gather a few clothes, all the while continuing to challenge the son to a fight. At some point Begin assaulted his son by grabbing him by the throat and throwing him against the wall, threatening to kill him.

Following his interviews with Begin?s family members, Trooper Flynn met with two Border Patrol officers, Robert Kipler and Rick Romann, who were patrolling together in a single vehicle in Van Buren. The officers agreed to follow Flynn to the Begin residence in Cyr Plantation. Trooper Flynn confirmed with the District Attorney?s Office in Caribou that the information disclosed in his investigation constituted probable cause to believe that Begin had engaged in the felony of criminal threatening with a dangerous weapon. Trooper Flynn told the Border Patrol officers that he intended to go to the Begin residence in Cyr Plantation to speak with Begin and to arrest him.

The Begin residence is located on Route 1 south of Van Buren. The residence is situated close to the highway and is visible from the road. Trooper Flynn was in uniform and driving a marked police cruiser. Officers Kipler and Romann were also in uniform; they followed Trooper Flynn to the residence in Cyr Plantation in their own marked cruiser. None of the officers had had previous negative dealings with Mr. Begin; the only information they were aware of regarding Mr. Begin?s behavior was the information from the family members just before the approach to the residence.

The officers arrived at the residence on Route 1 at about 11 a.m. and parked their cruisers along Route 1 within sight of the mobile home. Trooper Flynn approached the mobile home and, unable to observe any movement inside the home, entered an open porch that provided access to the main entrance of the mobile home. At the door, Trooper Flynn shouted, ?Trooper Flynn, Maine State Police. Come to the door. Leave the gun behind, and come to the door.? Trooper Flynn could see Begin?s face through a small window high on the door and heard Begin say something unintelligible. He again told Begin to come outside and leave the gun behind. This was followed by commands of ?show me your hands,? and ?leave the gun inside.? The only verbal response from Begin was, ?Why?? Begin showed one of his hands, but refused to show both his hands and refused to open the door.

Through another window, Trooper Flynn saw Begin leave the door and run to the rear of the mobile home carrying a rifle. Trooper Flynn told the Border Patrol officers that Begin was running to the other end of the trailer and that he was armed. Trooper Flynn tried to open the door, but it was locked. He forced the door open and entered the home, followed by the other officers. The officers saw Begin at the opposite end of a hallway, and they heard Begin working the bolt action of a rifle.

Although daytime, the inside of the mobile home was dark and the officers used their flashlights to illuminate the hallway. The officers saw Begin moving back and forth and holding a rifle. The officers told him several times to drop the weapon. Begin?s only response was ?why?? and ?I didn?t do anything.? Trooper Flynn told Begin that he was under arrest for threatening his wife and son with a firearm; Begin responded, ?No,? and instructed the officers to get out of the house.

The officers observed Begin holding the rifle with his right hand. As he moved his other hand to the rifle, Trooper Flynn told him again to drop the weapon. Begin responded by moving so that the rifle was pointed at waist level toward the officers. Believing that Begin was about to fire the rifle, Trooper Flynn fired his service pistol and Officer Kipler fired a patrol rifle at Begin. Begin disappeared from sight behind a wall into a room. Trooper Flynn instructed Begin to ?show your hands? and to come out of the room; Begin responded, ?You shot me.? Only a few seconds elapsed before the officers saw Begin reappear from behind the wall and saw that he was still armed with the rifle. Begin again refused commands to drop the weapon. Flynn and Kipler fired at Begin again, and Begin fell to the floor. As the officers approached him, they could see the rifle behind him as well as a second firearm next to him.

Later investigation determined that Begin was struck five times by gunfire and died from a gunshot wound to the abdomen. He was initially treated at a hospital in Caribou and thereafter transferred to a hospital in Bangor where he died. At the time of his admission to the Caribou hospital, Begin?s blood alcohol concentration was 0.248%.

An audio recording captured through a remote microphone on Trooper Flynn?s uniform that was connected to his cruiser?s recording system disclosed the following:

  1. Within 50 seconds of his arrival at the Begin residence, Trooper Flynn was at the door of the residence addressing Begin and ordering him to come to the door without the gun.

  2. About two minutes elapsed before Trooper Flynn is heard telling the Border Patrol officers that Begin had gone to back of the house with the gun.

  3. Six seconds later, Trooper Flynn is heard ordering Begin to drop the gun. Trooper Flynn is also heard telling Begin that he heard him ?rack? the bolt action of the rifle.

  4. One minute and 12 seconds later, Trooper Flynn is heard telling Begin not to move his hand again or he will shoot.

  5. Twenty-two seconds elapse when the first volley of shots fired by Trooper Flynn and Border Patrol Officer Kipler is heard, as are continuing commands for Begin to drop the rifle.

  6. About 23 seconds later, the second volley of shots fired by Flynn and Kipler is heard, as well as continuing commands to drop the rifle.

Detectives from the Attorney General?s Office went to the scene of the shooting to conduct an investigation with the assistance of the State Police and the Office of the Chief Medical Examiner. Recovered from Begin?s residence near where he was shot were a bolt-action 30.06 rifle and a semi-automatic .22 caliber rifle. The Maine Drug Enforcement Agency was also called to remove a number of marijuana plants from the home.

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined in law, is reasonably generated on the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for an individual to be justified in using deadly force for self-defense or the defense of others, two requirements must be met: First, the individual must reasonably believe that deadly force is imminently threatened against the individual or against someone else, and, second, the individual must reasonably believe that deadly force is necessary to counter that imminent threat.

Based on the above facts, the Attorney General has concluded that at the time that shots were fired on Mr. Begin, it was reasonable for Trooper Flynn and Officer Kipler to believe that deadly force was imminently threatened against them and against Border Patrol Officer Rick Romann. In addition, both officers reasonably believed it was necessary to use deadly force to protect themselves and Officer Romann from the imminent threat of deadly force. No criminal action will ensue against the officers involved in this tragic incident.

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William J. Schneider Sworn In as Maine?s 56th Attorney General, Swears in Assistant Attorneys General Across State as First Official Act

January 9, 2011

FOR IMMEDIATE RELEASE

AUGUSTA -- On January 6, 2011 William J. Schneider was sworn in as Maine?s 56th Attorney General by Governor Paul LePage. He was born and raised in Elma, New York son of Clayton and Phyllis Schneider. He graduated from the United State Military Academy at West Point and went on to serve with distinction in the U.S. Army, earning his Special Forces Tab, Ranger Tab and Senior Airborne Wings, and being awarded the Meritorious Service Medal. He earned his law degree from the University of Maine Law School in 1993.

Attorney General Schneider was an Assistant Attorney General from 1993 to 1998, prosecuting cases against drug traffickers across the state. In 1998 he was elected to the House of Representatives, representing Durham and parts of Brunswick and Lisbon. He served on the Joint Standing Committee on Judiciary and several special committees during his first term, and was elected Assistant Republican Leader during his second term.

After the September 11, 2001 terrorist attacks on the United States, he was recruited to serve as the federal Anti-Terrorism Coordinator in the United States Attorney?s Office for the District of Maine. He served as an Assistant United States Attorney from 2002 to 2010 conducting investigations and working with local, state, federal and international partners to fight the threat of terrorism. In addition, he handled a wide variety of civil and criminal cases, including defending the United States against immigration appeals by illegal aliens and prosecuting criminals.

?It is an honor and a privilege to be Maine?s 56th Attorney General. I believe my primary assignment is protecting Maine?s citizens by vigorously defending our laws and our people. Prescription drug abuse jeopardizes public safety, decreases property values, increases domestic violence and puts the safety of our seniors at risk. My office will work tirelessly to reduce this problem in Maine. I also believe the Office of the Attorney General needs to do its part to enhance economic development in Maine and help turn our state into the economic engine it must become in the new global economy,? said Attorney General Schneider.

As his first official act, Attorney General Schneider traveled to offices in Portland, Bangor and Augusta on Friday to swear in the Assistant Attorney Generals and Detectives.

Attorney General Schneider lives in Durham.

Contact: Martha Demeritt (207) 626-8599

Attorney General Schneider Joins Multi-State Health Care Lawsuit

January 18, 2011

Attorney General Schneider Joins Multi-State Health Care Lawsuit

AUGUSTA ? At the request of Maine Attorney General William Schneider, the State of Florida will today move the federal court to allow Maine and several other states to join the lawsuit challenging the constitutionality of certain provisions of the federal health care reform law.

?As Attorney General I took an oath to protect the people of Maine. Health care in the United States is at a critical point and needs to be fixed so that all citizens have access to good quality and affordable health care. However, the repairs to the system cannot be based on an unconstitutional foundation. The federal health care reform law mandates all citizens to purchase health insurance or pay a costly penalty. This would be an unprecedented expansion of federal power, violating the 10th Amendment and Commerce Clause of the United States Constitution. I hope the court will allow Maine to join this important lawsuit and settle the constitutionality of whether the federal government can force all citizens to purchase or maintain health insurance,? said Attorney General Schneider.

Attorney General Schneider believes that the court will decide within several weeks whether to allow the states to join the lawsuit. If successful, the lawsuit will eliminate only the unconstitutional portions of the health reform law. Joining the lawsuit has had a negligible cost to the people of Maine, contrary to estimates that have appeared in the press.

CONTACT: Martha Demeritt (207) 626-8599

Maine Formally Joins Multi-State Health Care Lawsuit

January 20, 2011

AUGUSTA ? Maine Attorney General William Schneider announces the decision of United States District Judge Roger Vinson to allow Maine to join the health care lawsuit.

?Judge Vinson has granted the motion by the State of Florida to include Maine and five other states in the lawsuit to challenge the constitutionality of certain provisions of the health care reform law. I am pleased that Maine will have an opportunity to be part of this lawsuit as I believe the foundation of the health care law is an impermissible expansion of the powers granted to the federal government by the United States Constitution.

This lawsuit is not about whether citizens should or should not have health care. All citizens should have access to good quality and affordable health care. However, the repairs to the system cannot be based on an unconstitutional foundation. The federal health care reform law mandates all citizens to purchase health insurance or pay a costly penalty. This would be an unprecedented expansion of federal power, violating the United States Constitution.

I have heard from many Mainers with their concerns regarding the anticipated cost incurred by the state for participation in this lawsuit. The cost to Maine to join the Florida lawsuit has been negligible and will be minimal in the future, contrary to some well-publicized estimates,? Attorney General Schneider said.

CONTACT: Martha Demeritt (207) 626-8599

Supporting documents

Attorney General William Schneider Urges Maine Consumers to Guard Themselves Against Internet Snoops

January 28, 2011

Data Privacy Day brings together businesses, individuals, government agencies, nonprofit groups and academics to spotlight how personal data is collected, used and stored.

AUGUSTA ? Despite warnings, many computer users unknowingly leave themselves vulnerable to financial fraud or privacy invasions. In recognition of Data Privacy Day, Attorney General William Schneider today reminded Maine residents to protect their personal information by checking the privacy settings on social Web sites and using secured networks.

Attorney General Schneider warns consumers to use common sense. ?If you post vacation updates on an open site, you're telling the world ? and possibly a burglar ? that your home is vacant. There?s also your reputation to consider ? it is becoming more common for human resources professionals to reject job candidates based on inappropriate and personally damaging information discovered online."

Here are three steps you can take now to help ensure that you don?t unintentionally compromise your personal information:

  1. Know your privacy settings. As part of Data Privacy Day, Facebook is reminding its users to review their privacy settings, found both at the bottom of every Facebook page and in your account settings. With just a few clicks, you can adjust the type of information that strangers, acquaintances and friends can access, as well as control the information they can share about you.
  2. Configure your wireless router to encrypt data. Wireless Internet access is convenient. But you need to activate your router?s encryption feature to better ensure information you transmit over the Web ? such as account logins, passwords and credit card numbers -- are scrambled.

Read the instructions that come with your wireless router to determine how to turn on the encryption feature. Two main types of encryption are available: WiFi Protected Access (WPA) and Wired Equivalent Privacy (WEP). Your computer, router, and other equipment must use the same encryption. WPA2 is strongest; use it if you have a choice.

Change your router?s hardware identifier and preset password so a hacker can?t use the defaults to try to access your network.

Of course, you should also use anti-virus and anti-spyware software and a firewall. For help configuring your router, visit www.onguardonline.gov/topics/wireless-security.aspx.

  1. Don?t assume that public ?hot spots? are secure.

Cafe, hotel and airport ?hot spots? are convenient, but you must assume that other people can see anything you see or send over a public wireless network.

PRIVACY RESOURCES:

Data Privacy Day site: www.dataprivacyday2011.org

Facebook?s privacy guide: www.facebook.com/privacy

The Online Trust Alliance?s updated planning guide to help businesses protect data and prepare for potential breaches: https://otalliance.org/resources/Incident.html

CONTACT: Martha Demeritt (207) 626-8599 martha.demeritt@maine.gov

Attorney General Announces Order in Michael Ryan Civil Rights Case

February 3, 2011

AUGUSTA ? Attorney General William Schneider announced today that the York County Superior Court has ordered Michael Ryan, age 31, of Biddeford, to have no contact with two middle school students and to comply with the Maine Civil Rights Act.

The Superior Court order arises from allegations that Ryan threatened a 13-year-old girl and a 12-year-old boy, while they were walking past his home to school on September 20, 2010. The Attorney General?s complaint alleges that Ryan addressed the girl with racial epithets and blamed people of her race for problems in the schools and welfare system. He threatened that he would assault her if she did not get away from his house, and that if she walked by his building again, there would be people on the porch to beat her up.

The Order not only prohibits Ryan from having any contact with the two middle school students, but also prohibits him from ?assaulting, using physical force or violence, threatening to use physical force or violence or attempting to use physical force or violence on any person motivated by bias based upon race, color, religion, sex, ancestry, national origin, physical or mental disability, or sexual orientation.? Under the Maine Civil Rights Act, any knowing violation of the Order is a Class D crime, punishable by up to 364 days in jail.

?No student should be afraid to walk to school because of the color of their skin. My office is committed to enforcing the Maine Civil Rights Act to ensure that our schools and streets are safe from violence and harassment based on race or color,? said Attorney General Schneider.

CONTACT: Leann Robbin, AAG (207) 626-8581

Statewide Authority for Domestic Violence Investigators

February 15, 2011

AUGUSTA ? Attorney General William J. Schneider reaffirmed the jurisdiction of 21 domestic violence investigators yesterday from six district attorneys offices, seven sheriffs offices, and two police departments by swearing them in as statewide investigators. This marks the fifth year of a program started by the Attorney General?s Office that provides statewide law enforcement powers to domestic violence investigators so that their work does not have to stop at town or county lines.

By broadening the arrest powers of these investigators the program has resulted in several arrests of violent or repeat offenders who may have avoided timely apprehension. At least five other police departments in Maine also have officers dedicated to domestic violence investigations who operate within their respective municipal jurisdictions. Attorney General Schneider called the extension of jurisdiction for the 21 investigators another tool for the officers to use against the insidious problem of domestic violence in Maine.

?This is a very effective way to combat domestic violence that occurs all over the state. By providing statewide arrest authority to these law enforcement investigators we can interrupt domestic violence at an earlier stage before it escalates. The recent Maine Domestic Abuse Homicide Review Panel Report highlights the destructive nature of domestic violence and the importance of the investigators? work. Every 97 minutes, someone in Maine is the victim of a domestic assault. More than half of the homicides in Maine are cases of domestic violence and as law enforcers we must do everything in our power to stop these inexcusable acts of violence,? Attorney General Schneider said.

The Maine Domestic Abuse Homicide Review Panel?s report is available online at http://www.maine.gov/ag/dynld/documents/8th%20Report%20of%20the%20Maine%20Domestic%20Abuse%20Homicide%20Review%20Panel.pdf

The officers sworn in as domestic violence investigators yesterday are:

Aroostook County SO - Lawrence Goff and Daniel Robertson; Cumberland County DA - Jill Potvin; Franklin County SO - David St. Laurent; Hancock County DA - Stephen McFarland; Kennebec County DA - Robert Hinkel and Paul Stewart; Knox County SO - Dwight Burtis; Lincoln County SO - Robert McFetridge; Oxford County SO - Hart Daley, Christopher Wainwright, and Thomas Harriman; Piscataquis County DA - Scott Arno; Sagadahoc County DA - Steven Edmondson; Somerset County DA - James Ross; Waldo County SO - Matthew Curtis; Washington County, Eastport PD - Frank Gardner and John Preston; York County SO Mathew Nadeau and Wilfred Vachon; York County, Biddeford PD - Ricky Doyon

Contact: Martha Demeritt, 626-8599

Consumer Alert: Beware of Grandparent Scam

March 7, 2011

Attorney General William J. Schneider warns about an increasingly common scam: the call from a grandchild needing emergency money. The Consumer Protection Division recently took a call from a Maine grandfather who said he had been contacted by someone claiming to be his grandson. He said he was in jail in Canada and had been in an accident. When the grandfather said ?you don?t sound like Buddy?, the person said he had broken his nose in the accident. The grandfather decided to wire $2800 by Western Union. Fortunately, the employee at a local Western Union office had questioned and warned the grandfather about this transfer, and the grandfather quickly confirmed that his grandson was fine. The money was to be wired to someone in Spain. The grandfather stated that he and his wife recently celebrated their 60th wedding anniversary, and that their grandson?s name was mentioned in the announcement. It was clear that the scammers used this information when contacting the consumer.

Settlement Proceeds Disbursed to Emergency Food Programs

March 8, 2011

AUGUSTA ? Maine Attorney General William Schneider announces that the latest settlement in a global price-fixing case is helping to fill the shelves of the Good Shepherd Food Bank, the state?s largest distributor of emergency food to those in need. A portion of the settlement will also improve the ability of the State?s Emergency Food Assistance Program (administered by the Maine Department of Agriculture) to store and distribute frozen and refrigerated donated food for needy Mainers.

More than $135,000 in proceeds from the settlement has been given to the Good Shepherd Food Bank and The Emergency Assistance Food Program. The money comes from ten separate vitamin manufacturers, all of whom agreed to terms of the latest settlement. While the settlement authorized the Attorney General to retain a portion of the proceeds for expenses in bringing the case, he opted to forego that share to maximize the relief going directly to Mainers in need.

This is the second settlement in the price-fixing case; in 2001 the Maine Attorney General?s Office delivered more than $1.245 million in funds from an initial settlement which totaled $225 million for consumers and businesses in participating states. The price-fixing conspiracy among vitamins manufacturers indirectly raised the cost of food between 1988 and 2000, Schneider said. Because the majority of all food items sold commercially contain vitamins or vitamin products, food manufacturers supplementing their products with overpriced vitamins and nutrients resulted in higher prices for consumers.

The latest settlement money is intended to compensate Maine consumers who ultimately overpaid for food products during the years of the conspiracy. Because of the difficulty in providing a small rebate to thousands of Maine consumers, the settlement provides for the proceeds to be distributed through grants for programs that benefit and improve the health or nutrition of Maine consumers. The Attorney General opted to use the money for emergency hunger relief to do the greatest good for Maine people still struggling to recover from the economic downturn, a plan approved by the judge who oversaw the case.

The Good Shepherd Food Bank will use its portion of the funds to purchase Maine-grown produce and Maine-processed food, as well as other vital food purchases from producers outside Maine, for distribution throughout the state. The Emergency Food Assistance Program will improve its refrigerated storage facility to better enable it to store and distribute frozen and refrigerated donated food.

CONTACT: Brenda Kielty (207) 626-8577

Attorney General Schneider announces National Consumer Protection Week

March 10, 2011

OFFICE OF THE ATTORNEY GENERAL

AUGUSTA ? The Maine Office of the Attorney General has joined federal, state and local government agencies and national consumer advocacy organizations to launch the 13th annual National Consumer Protection Week (NCPW), March 6-12, 2011. NCPW is a nation-wide campaign led by the Federal Trade Commission to encourage consumers across the country to take full advantage of their consumer rights. This coordinated consumer education effort highlights the importance of protecting privacy and avoiding scams. This year?s theme is ?Your Information Destination.? It is intended to highlight consumer education resources available including http://www.deliveringtrust.com a website featuring free fraud education and prevention videos, tips on scams and instructions on reporting scammers to the appropriate authorities.

?An informed consumer is the first step toward the prevention of consumer fraud,? said Attorney General Schneider at the United States Postal Inspection Service press conference on March 4, 2011. Fraud schemes victimize millions of Americans each year, leaving many financially and emotionally devastated. The internet and international phone calls make it easy for fraudsters to target Mainers from anywhere in the world. An informed consumer is more likely to recognize a fraudulent promotion and report it so that others can be warned.

NCPW partner organizations provide practical tips so consumers can learn how to make well-informed purchase decisions, avoid scams, protect their personal information, and file a complaint if they?re not satisfied. ?There is a great deal of information available to help Maine consumers protect themselves. The Attorney General?s website, http://www.maine.gov/ag/ is packed with current on-line resources to help both consumers and businesses,? stated Schneider.

More information on NCPW is available at http://www.NCPW.gov.

CONTACT: Brenda Kielty (207) 626-8577

Attorney General Announces AstraZeneca Settlement

March 14, 2011

OFFICE OF THE ATTORNEY GENERAL

ATTORNEY GENERAL SCHNEIDER AND 37 ATTORNEYS GENERAL REACH A LANDMARK $68.5 MILLION SETTLEMENT WITH ASTRAZENECA PHARMACEUTICALS

AUGUSTA ?Maine Attorney General William Schneider, along with 37 other attorneys general, reached a record $68.5 million settlement with AstraZeneca Pharmaceuticals LP (AstraZeneca), resolving allegations of improper marketing of the antipsychotic drug, Seroquel. It is the largest multi-state consumer protection-based pharmaceutical marketing settlement. Maine will receive $969,000 as a result of the settlement, which includes proceeds to fund prescription drug abuse prevention, victim aid and public protection programs.

The complaint, filed along with the settlement agreement, alleges that AstraZeneca engaged in unfair and deceptive practices when it marketed Seroquel for uses that had not been approved by the U.S. Food & Drug Administration (FDA), failed to adequately disclose the drug?s potential side effects to health care providers and withheld negative information about Seroquel?s safety and efficacy.

?Misleading marketing by pharmaceutical companies puts consumers at risk,? Attorney General Schneider said. ?This settlement will contribute to the safe and effective use of prescription medications here in Maine.?

In addition to the $68.5 million payment, the agreement includes provisions that address specific concerns identified in the investigation, which began three years ago. Along with other prohibitions and requirements, the agreement specifically requires AstraZeneca to:

? Publicly post its payments to physicians on a website;
? Take actions to ensure that financial incentives are not given to marketing and sales personnel for off-label marketing; ? Take actions to ensure that AstraZeneca sales personnel do not promote to health care providers who are unlikely to prescribe Seroquel for an FDA-approved use; and ? Cite to Seroquel?s FDA-approved indications when referencing selected symptoms, rather than promoting Seroquel by highlighting symptoms only.

Although physicians may prescribe drugs for off-label uses, pharmaceutical manufacturers are prohibited from marketing their products for such uses. As alleged in the complaint, AstraZeneca unlawfully marketed Seroquel for unapproved uses in children and the elderly, and for Alzheimer?s disease and dementia, anxiety, depression, sleep disorders and post traumatic stress disorder. AstraZeneca promoted Seroquel for such uses even though Seroquel was not, at the time it was marketed, approved for the treatment of these conditions and AstraZeneca had not established that Seroquel was safe or effective for these uses.

Atypical antipsychotics, including Seroquel, can produce dangerous side effects such as weight gain, hyperglycemia, diabetes, cardiovascular complications, increased risk of mortality in elderly patients with dementia and other severe conditions.

In addition to Maine, the Attorneys General of the following states and the District of Columbia participated in the settlement: Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia and Wisconsin.

CONTACT: Brenda Kielty (207)626-8577

Consumer Alert: Charity Relief Scams

March 21, 2011

AUGUSTA ? Maine Attorney General William J. Schneider cautions Mainers to be extremely careful about donating to any relief efforts for survivors of the Japanese earthquake and tsunami.

?Events like this unfortunately can create an opportunity for good-hearted people to be victimized by scammers,? Attorney General Schneider said. ?Please be certain that the charity you are contributing to is a legitimate charity and NEVER give any caller your credit card, debit card or bank account information over the phone or over the internet.?

Mainer consumers who wish to determine if a charity is legitimate are encouraged to check the Maine Office of Licensing & Registration at:

www.maine.gov/pfr/professionallicensing/professions/charitable/

or call the Licensing Office at (207)624-8603.

Contact: Brenda Kielty (207) 626-8577

Consumer Alert: Data Breach

April 7, 2011

OFFICE OF THE ATTORNEY GENERAL

AUGUSTA ? Due to several recent large data breaches, Attorney General William J. Schneider cautions Mainers to be alert to the possibility of scam emails asking them to confirm their private financial information.

?These data breaches may have provided scammers with the opportunity to try to trick Maine residents into providing their account information. Consumers may receive scam emails that look as though they are from a company they have done business with in the past, requesting that they respond by confirming their financial information,? says Schneider.

?Maine residents should be aware that none of the actual companies involved will send an email requesting information. Never reply to an email by giving your account numbers, social security number or other financial information,? warns the Attorney General.

In addition, Attorney General Schneider reminds residents of Maine that having their information in the hands of an unauthorized person does not necessarily mean that they have become a victim of identity theft. Identity theft does not occur until an unauthorized person fraudulently uses that information to secure money, goods or services in another person?s name.

A security freeze or ?file freeze? may be placed on an individual?s credit report as added protection against identity theft. With a freeze in place, the credit reporting agency may not release a credit report without the individual?s authorization. To place a security freeze on your credit file you must send a written request to the three major credit reporting agencies. The security freeze is provided at no charge to consumers who have been victims of identity theft.

Maine?s file freeze law is found at the following link: http://www.mainelegislature.org/legis/statutes/10/title10sec1313-C.html

Consumers who are concerned about data breaches may contact the Maine Office of the Attorney General Consumer Protection Division at 626-8800.

National credit reporting agency contact information is as follows:

Equifax PO Box 740241 Atlanta, GA 30374-0241 1-800-685-1111 For security freezes call 800-525-6285 http://www.equifax.com/answers/help/security-freeze/en_cp

Experian PO Box 2104 Allen, TX 75013-0949 1-888-397-3742 For security freezes call 888-397-3742 http://experian.com/consumer/security_freeze.html

Trans Union PO Box 1000 Chester, PA 19022 1-800-916-8800 For security freezes call 800-680-7289 http://transunion.com/corporate/personal/fraudIdentityTheft/fraudPrevention/securityFreeze.page

CONTACT: Brenda Kielty (207) 626-8577

Opportunity to Submit Public Comments on MaineHealth Acquisition of Portland Cardiology Practices

April 11, 2011

MaineHealth, Maine Medical Center, Maine Cardiology Associates, P.A., (?MCA?) and Cardiovascular Consultants, P.A., (?CCM?) have entered an agreement whereby most of the physicians employed by MCA and CCM would become employees of a subsidiary of MaineHealth and/or Maine Medical Center. The Maine Attorney General has agreed to a Consent Decree, which would allow the proposal to go forward only under certain conditions. (Click link below to view the Consent Decree.) The Superior Court must approve the Consent Decree. Interested persons may file written comments to the proposed Consent Decree. All comments must be received by April 26, 2011 and be directed to:

Danielle Young, Clerk
Docket No. CV-11-115
Business and Consumer Court
205 Newbury Street, Ground Floor
Portland, ME 04101

Supporting documents

Proposed Consent Decree (PDF) - MaineHealth, Maine Medical Center, Maine Cardiology Associates, P.A., and Cardiovascular Consultants, P.A.

Maine Attorney General Appeals LURC Court Decision

April 15, 2011

AUGUSTA ? Maine Attorney General William J. Schneider today announced he has filed a notice of appeal to the Maine Supreme Judicial Court in Portland seeking review of a recent Superior Court decision regarding the Land Use Regulation Commission?s (LURC) decision conditionally approving Plum Creek?s Concept Plan for the Moosehead Lake Region.

An April 7 Superior Court decision vacated LURC?s approval of the Plum Creek Concept Plan on procedural grounds. The Court found that LURC commissioners needed to hold an additional adjudicatory hearing on the proposal before finally acting on it. The decision remanded the LURC decision and ordered further proceedings.

The State?s appeal seeks review of the Superior Court?s determination that LURC afforded the concept plan insufficient process, according to the Maine Attorney General?s Office.

Gov. Paul LePage said, ?The Maine Attorney General has set forth a thorough, reasoned appeal. It has my full support.?

?At the same time, this seemingly endless use of Maine?s complex regulatory system to stop Maine landowners from investing in their own land, in creating jobs and building the tax base, not by merit of their arguments, but simply by endless regulatory uncertainties and delay, is a travesty and must end,? the Governor continued. ?This is why I feel so strongly about regulatory reform. We need regulations that are tough, fast, reliable and fair.?

?We are eager to complete this appeal to settle once and for all the question of whether due process was served by the reviews and public hearings that were conducted by LURC,? said Attorney General Schneider.

?The LURC board and staff carried out an exhaustive, inclusive, comprehensive review and deliberative procedure,? said Commissioner Bill Beardsley of the Maine Department of Conservation. ?They assured an area larger than Baxter State Park would be set aside as conservation easements. They held 300 hours of public hearings, attentively following state procedures over years, before making their reasoned decision. Even with this positive decision to allow Plum Creek to develop just 2 percent of their Maine properties, Plum Creek must now still go through a permitting process before it can start developing the related area for residential and seasonal homes and a resort not unlike the Kineo resort of 100 years ago.

?I simply believe the State?s appeal to the Maine Judicial Court is strong and will prevail,? Commissioner Beardsley said.

Established by the Maine Legislature in 1971, LURC, housed within the Maine Department of Conservation, acts as the planning and zoning authority for the state?s unorganized area consisting of townships that have no local form of government. LURC also serves certain towns and plantations that choose not to administer land use at the local level. LURC?s jurisdiction covers more than 10.4 million acres, almost half of the land area in the state. The commission is supported by a staff within the Maine Department of Conservation.

LURC?s decision, made in September 2009, permanently conserved about 392,000 acres of land for sustainable forestry and public recreational access, while setting aside about 16,000 acres, or about 2 percent of Plum Creek?s land holdings in Maine, to allow for residential and seasonal growth in targeted areas.

Following years of planning by Plum Creek, LURC began its formal review of Plum Creek?s proposed concept plan in the summer of 2007, and held four full weeks of adjudicatory hearings on the proposal in December 2007 and January2008.

Twenty-six parties to these hearings presented almost 170 witnesses during this phase of the process and all witnesses were made available for cross-examination. Additionally, the agency held four full days and evenings of public hearings around the state in which nearly 500 Maine residents expressed their point of view on the plan.

Following the close of the hearings, LURC developed amendments to Plum Creek?s proposed concept plan based on the evidence presented during the hearings. The amendments were developed over a period of 18 months and repeatedly posted for public notice and comment. LURC issued its final decision approving the concept plan as amended in September 2009.

Three of the 26 parties that participated in the proceeding before LURC appealed the decision to Superior Court.

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CONTACT: Brenda Kielty (207)626-8577

Supporting documents

Brief of Respondent

Notice of Appeal

Maine Attorney General Calls on Pabst Brewing Company to Stop Selling or Alter New Product ?Blast? by Colt 45

April 21, 2011

OFFICE OF THE ATTORNEY GENERAL

?Binge?In-A-Can? Equivalent to Five Beers in One Serving

AUGUSTA ? Maine Attorney General William J. Schneider, along with 16 other attorneys general, today called on Pabst Brewing Company to stop selling or alter its new malt beverage, ?Blast? by Colt 45, because of its high alcohol content and marketing tactics. Known as ?binge-in-a-can?, the drink contains the equivalent of five beers in one serving and is marketed in a way that targets underage youth.

?At a time when we?re fighting to prevent underage drinking and binge drinking among young people, I am urging Pabst to recognize the dangers posed by ?Blast?,? said Attorney General Schneider. ?Promoting this kind of a product to young, underage drinkers is reprehensible.?

Earlier this month, Pabst introduced its ?Blast? by Colt 45 as a carbonated malt beverage in fruit flavors of grape, strawberry, lemonade, strawberry watermelon and blueberry pomegranate, all with an alcohol concentration level of 12% in brightly colored 23.5 ounce single serving cans. A standard serving of alcohol is any drink (whether beer, wine or distilled spirits) that contains 0.6 fluid ounces or 14 grams of ?pure? ethyl alcohol. Each 23.5 ounce can of ?Blast? contains nearly five servings of alcohol.

As a result, consuming a single can of ?Blast? in about two hours constitutes ?binge drinking? as defined by the Centers for Disease Control and Prevention (CDC). Such excessive drinking typically leads to acute intoxication that can be harmful for a variety of reasons, including impaired brain functioning. This can result in poor judgment, reduced reaction time, loss of balance and motor skills, and slurred speech. Coma and death can occur if alcohol is consumed rapidly and in large amounts.

Given these dangers, the CDC recently declared binge drinking to be a major public health problem in the United States. Binge drinking increases the chances of motor vehicle crashes, violence, HIV and sexually transmitted diseases, unplanned pregnancy, sudden infant death syndrome, and fetal alcohol spectrum disorders. These health risks pose a particular threat to youth, given that about 90% of the alcohol consumed by Americans under age 21 is while binge drinking.

In addition to offering this high alcohol malt beverage in youth-friendly flavors, Pabst has enlisted celebrity hip hop/rap music artist Snoop Dogg to promote ?Blast?, largely through social media sites such as YouTube and Twitter. ?These marketing practices raise serious concerns that Pabst is targeting an audience that is under the legal drinking age,? according to Attorney General Schneider.

Last fall, after urging by attorneys general and a review by the Food and Drug Administration (FDA), the popular alcohol energy drink Four Loko was pulled from the market after reports that children as young as 13 were drinking the product, which also had a 12% alcohol concentration in a 23.5 ounce single serving can. The drink also had a caffeine additive, which the FDA later banned, that enabled consumers of the product to stay awake and drink more.

In addition to Maine, the attorneys general of the following states and U.S. Territory signed on to the letter to Pabst Brewing Company: Arizona, California, Connecticut, Guam, Idaho, Illinois, Iowa, Kentucky, Maryland, Massachusetts, New Mexico, Ohio, Oklahoma, Tennessee, Utah, and Washington.

More information regarding alcohol consumption can be found at the following links:

http://rethinkingdrinking.niaaa.nih.gov/WhatCountsDrink/WhatsAstandardDrink.asp

http://www.cdc.gov/alcohol/fact-sheets/binge-drinking.htm

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CONTACT: Brenda Kielty (207)626-8577

Maine Attorney General Announces Mural Court Decision

April 22, 2011

AUGUSTA ? Maine Attorney General William J. Schneider today announced that the United States District Court denied the motion for a temporary restraining order in which the plaintiffs attempted to require the State of Maine to put back up the mural located at the Department of Labor that was removed several weeks ago.

Judge John A. Woodcock, in a thorough and well-reasoned decision, explained that the mural represented government speech because the State commissioned, approved, paid for and owned it, and that ?the overwhelming weight of authority indicates that government speech may say what it wishes regardless of viewpoint.?

?The messages from the state-owned works of art are government speech and Maine?s political leaders, who are ultimately responsible to the electorate, are entitled to select the views they want to express,? concludes Judge Woodcock.

Attorney General William J. Schneider applauded the decision, stating: ?We are pleased with this decision. Judge Woodcock correctly found that elected officials can and should express their views. This is as it should be because the voters of Maine therefore have a better idea what their elected officials stand for. The Court agreed that it would be a dangerous precedent for a federal court to dictate how the state government should express its views.?

The Court?s decision follows oral arguments held on April 19, 2011 on the motion for a temporary restraining order filed by six plaintiffs claiming the administration violated their first amendment rights by denying them access to view the mural.

?The thoroughness of the decision should put these issues to rest and make clear to the plaintiffs that the way to express their views is through the political rather than judicial processes,? remarked Deputy Attorney General Paul Stern, who argued on behalf of the administration.

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CONTACT: Brenda Kielty (207)626-8577

Supporting documents

Order on Motion for Temporary Restraining Order

Attorney General Schneider Announces Prescription Take-Back Day

April 25, 2011

OFFICE OF THE ATTORNEY GENERAL

AUGUSTA ? Maine Attorney General William J. Schneider today joined other local, state and federal law enforcement partners to announce the second National Prescription Drug Take-Back Day this Saturday, April 30th from 10 a.m. to 2 p.m. Prescription drugs are being misused and abused at alarming rates today, leading to accidental poisoning, overdose and addiction. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. The Take-Back Day gives the public an opportunity to rid their homes of potentially dangerous expired, unused and unwanted prescription drugs.

?Mainers need to know that prescription drugs, used without a prescription or a doctor?s supervision, can be as dangerous as street drugs,? said Attorney General Schneider. ?In the last 10 years, the number of deaths from misuse of prescription drugs has more than doubled in Maine. Prescription drug abuse is a national epidemic that has become Maine?s most serious drug problem.?

Last September, Americans turned in over 242,000 pounds -121 tons- of prescription drugs nationwide. This Saturday more than 150 collection sites will be set up in communities across Maine where residents can bring unused or expired prescription drugs for safe disposal. The service is free and anonymous, no questions asked.

To find a collection site, go to http://www.justice.gov/dea/ and click the National Prescription Drug Take-Back Day icon.

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CONTACT: Brenda Kielty (207)626-8577

Attorney General Schneider Releases Letter to Darryl Brown

OFFICE OF THE ATTORNEY GENERAL

AUGUSTA ? Maine Attorney General William J. Schneider today addressed questions concerning the potential disqualification under Maine law of Darryl Brown, Commissioner of the Maine Department of Environmental Protection, in light of Mr. Brown?s income from Main-land Development Consultants, Inc.

Mr. Brown?s personal attorney, Clint Boothby, wrote to both the Attorney General?s Office and the U.S. Environmental Protection Agency (EPA) on April 22, 2011 following Mr. Boothby?s private review of documentation relating to Mr. Brown?s income during the preceding two years.

Mr. Boothby?s letter expresses concern about potential damage to Main-land Development?s business interests from the public disclosure of its client list and revenue information, and questions whether such records would become part of the public domain if submitted to the Attorney General?s Office for its review.

Mr. Boothby states that although ?Commissioner Brown?s income is not derived directly from a permit holder ? the fact that income from permit holders is received by Main-land may trigger the ten percent conflict threshold.? Mr. Boothby asks if a conflict of interest under Maine law does exist, whether Mr. Brown may continue to serve as Commissioner.

In a letter to Mr. Brown dated April 26, 2011 Attorney General Schneider explains that documentation related to Mr. Brown?s income would become subject to Maine?s Freedom of Access Act if submitted to the Attorney General?s Office for review and that such records are presumptively available for public inspection.

The Attorney General also advises that if he has a conflict, as suggested by Mr. Boothby, Mr. Brown would be precluded from serving as Commissioner of the Department of Environmental Protection under Maine statute. Attorney General Schneider states that ?if in fact such a conflict exists, it would undermine your legal authority to act on any matter coming before you as Commissioner.?

The Attorney General concludes that Mr. Brown must either produce documentation showing the absence of a conflict or take other action to resolve this matter. ?In the absence of new information, it appears you are unqualified to serve as Commissioner of the Department of Environmental Protection under Maine law,? states Attorney General Schneider.

Questions about Mr. Brown?s potential disqualification arose shortly after his appointment and confirmation. Since that time the Attorney General?s Office has provided legal advice to the Department of Environmental Protection and the Administration concerning the meaning and effect of the governing law.

The role of the Attorney General?s Office with respect to statutory conflict of interest provisions in Maine law is to represent the public interest by advising state officials and executive departments of their obligations under those laws and to enforce those laws when it is warranted.

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CONTACT: Brenda Kielty (207)626-8577

Supporting documents

Letter from Attorney Boothby to AG

Letter from AG to Darryl Brown

Attorney General Schneider Releases Letter to Darryl Brown

April 27, 2011

OFFICE OF THE ATTORNEY GENERAL

AUGUSTA ? Maine Attorney General William J. Schneider today addressed questions concerning the potential disqualification under Maine law of Darryl Brown, Commissioner of the Maine Department of Environmental Protection, in light of Mr. Brown?s income from Main-land Development Consultants, Inc.

Mr. Brown?s personal attorney, Clint Boothby, wrote to both the Attorney General?s Office and the U.S. Environmental Protection Agency (EPA) on April 22, 2011 following Mr. Boothby?s private review of documentation relating to Mr. Brown?s income during the preceding two years.

Mr. Boothby?s letter expresses concern about potential damage to Main-land Development?s business interests from the public disclosure of its client list and revenue information, and questions whether such records would become part of the public domain if submitted to the Attorney General?s Office for its review.

Mr. Boothby states that although ?Commissioner Brown?s income is not derived directly from a permit holder ? the fact that income from permit holders is received by Main-land may trigger the ten percent conflict threshold.? Mr. Boothby asks if a conflict of interest under Maine law does exist, whether Mr. Brown may continue to serve as Commissioner.

In a letter to Mr. Brown dated April 26, 2011 Attorney General Schneider explains that documentation related to Mr. Brown?s income would become subject to Maine?s Freedom of Access Act if submitted to the Attorney General?s Office for review and that such records are presumptively available for public inspection.

The Attorney General also advises that if he has a conflict, as suggested by Mr. Boothby, Mr. Brown would be precluded from serving as Commissioner of the Department of Environmental Protection under Maine statute. Attorney General Schneider states that ?if in fact such a conflict exists, it would undermine your legal authority to act on any matter coming before you as Commissioner.?

The Attorney General concludes that Mr. Brown must either produce documentation showing the absence of a conflict or take other action to resolve this matter. ?In the absence of new information, it appears you are unqualified to serve as Commissioner of the Department of Environmental Protection under Maine law,? states Attorney General Schneider.

Questions about Mr. Brown?s potential disqualification arose shortly after his appointment and confirmation. Since that time the Attorney General?s Office has provided legal advice to the Department of Environmental Protection and the Administration concerning the meaning and effect of the governing law.

The role of the Attorney General?s Office with respect to statutory conflict of interest provisions in Maine law is to represent the public interest by advising state officials and executive departments of their obligations under those laws and to enforce those laws when it is warranted.

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CONTACT: Brenda Kielty (207)626-8577

Supporting documents

Letter from Attorney Boothby to AG

Letter from AG to Darryl Brown

Harrison Woman Sentenced for Stealing More Than $4 Million From the MaineCare Program

May 5, 2011

AUGUSTA ?Dawn L. Solomon, age 43, of Harrison, was sentenced today in Oxford County Superior Court for stealing more than $4 million from the MaineCare Program, Attorney General William J. Schneider and Maine Department of Health and Human Services (DHHS) Commissioner Mary Mayhew announced.

Solomon, a former MaineCare day habilitation service provider, pleaded guilty on December 17, 2010 on one count of felony theft by deception. Oxford County Superior Court Justice Robert W. Clifford sentenced Solomon to eight years imprisonment with all but 42 months suspended and three years of probation. Solomon was also ordered to pay full restitution.

?This $4 million fraud scheme exhibited a complete disregard for the disabled children who were used to commit it,? said Attorney General Schneider. ?We are pleased to have put this unscrupulous operator out of business. Investigators and prosecutors from my office will continue to keep the heat on health care criminals whose victims are the most vulnerable in society.?

In September 2009 DHHS Division of Audit made a referral to the Office of the Attorney General Healthcare Crimes Unit (HCU) questioning certain expenses claimed on cost reports submitted by Solomon?s business, Living Independence Network Corporation (LINC).

LINC, located at 180 Main Street in Norway, Maine, provided behavior management and physical and social development services to children with mental retardation, autism and certain other disabilities.

The HCU investigation revealed numerous schemes used by Solomon that resulted in MaineCare paying for services that were not rendered and reimbursing costs and expenses that were false or unauthorized. Solomon consistently inflated LINC?s billings starting in 2006 with an average $87,000 in false billings per month. The overbilling ballooned to a staggering average of $134,000 per month in 2008.

According to the HCU investigation, Solomon put persons on LINC?s payroll who were not LINC employees, including her children?s nanny, her father-in-law, and handymen who performed maintenance and repairs on her rental properties and personal residences. False invoices and expense reports were fabricated for mileage, training, equipment and services. Solomon failed to disclose relationships with related business entities and paid those entities for services or rentals at an inflated cost.

In addition to the inflated billings, Solomon funneled personal expenses for travel, tuition, vehicles, gifts and other items, as well as expenses related to three other business entities owned by her through LINC.

?I am grateful for the work of our Division of Audit, the Attorney General?s Office and our other partners during this investigation,?? said Commissioner Mayhew. ?Eliminating fraud and abuse in our healthcare and welfare programs is a priority for this administration, no matter the size or scope. We are intensifying our efforts to hold benefit recipients, providers and our system accountable for the proper use of our limited resources.?

This case was prosecuted by Assistant Attorney General Michael Miller, Director of the Healthcare Crimes Unit with assistance from investigators James Gioia, and Jeffrey Wrigley; auditor Carolee Bisson; and agents of the U.S. Department of Health and Human Services Office of Inspector General, the Federal Bureau of Investigation, Maine State Police, and the Oxford County Sheriff?s Office.

The Healthcare Crimes Unit is the Medicaid Fraud Control Unit for the State of Maine charged with investigating and prosecuting financial fraud and other crimes committed by MaineCare providers or their employees, and investigating and prosecuting abuse, neglect or exploitation of elderly and dependent persons that occurs in health care facilities or by health care providers.

To learn more about the Office of the Attorney General Healthcare Crimes Unit, go to: http://www.maine.gov/ag/crime/crimesweprosecute/healthcare_crimes.shtml

To learn more about the DHHS Division of Audit, go to: http://www.maine.gov/dhhs/audit/index.shtml

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CONTACT: Brenda L. Kielty (207) 626-8577

John A. Martins (207) 287-5012

Maine Man Pleads Guilty, Sentenced For Possession of Child Pornography

May 9, 2011

OFFICE OF THE ATTORNEY GENERAL

AUGUSTA ? A Maine man pled guilty and was sentenced to state prison on charges he possessed child pornography on his computer, Attorney General William J. Schneider announced.

David J. Oakes, age 48, pled guilty on May 6, 2011 in York County Superior Court to one count of Possession of Sexually Explicit Materials (Class C). Following the plea, Superior Court Justice G. Arthur Brennan sentenced Oakes to five years in state prison with all but two and a half years suspended, followed by two years of probation.

?Mr. Oakes used his computer to obtain child pornography over the internet,? Attorney General Schneider said. ?The exploitation of young children in the production of pornography is a serious and disturbing offense. Our office will continue to prevent the victimization of children by identifying online predators, investigating their actions and prosecuting their crimes.?

In July, 2001 Oakes pled guilty U.S. District Court, District of Maine, to one count of Knowingly Receiving Child Pornography and was sentenced in to fifty-four months in federal prison followed by five years of supervised release. Under the conditions of release Oakes was required to refrain from direct or indirect contact with children under the age of 18 and was prohibited from possessing or using a computer to access an on-line computer service at any location.

While living in Maine in 2007, Oakes violated the federal conditions of supervised release. When he learned that U.S. Marshals were looking for him, Oakes threw several of his computer components containing contraband out the window of his truck on the side of Killick Pond Road in Hollis. Oakes was arrested and returned to a federal penitentiary on December 28, 2007.

The computer components were discovered almost two years later by Maine Warden Service Officer Peter Herring. During a foot chase of a stolen car suspect, Herring noticed what appeared to be an abandoned computer hard drive and compact discs. He believed the items to be suspicious and returned the next day to collect them. Among the items was an external hard drive that he was able to turn on. The hard drive contained images and videos of child pornography.

?I commend the Maine Warden?s Service for their part in bringing this criminal to justice. This is a great example of our separate agencies cooperating to combat the scourge of child pornography,? said Schneider.

Forensic analysis of the external hard drive revealed the presence of 202 videos and 15,290 images of child pornography. The hard drive was connected to Oakes by the location where it was found, the dates of the files on the drive and software that was registered to Oakes.

A York County Grand Jury returned an indictment against Oakes on September 8, 2010. In early December 2010 Oakes was turned over to the York County Jail after serving his sentence in federal prison, was arraigned, and pled not guilty. $50,000 cash bail was imposed and Oakes remained in custody until his sentencing today.

This case was prosecuted by Assistant Attorney General Kate Lawrence, the designated computer crimes prosecutor for the Attorney General?s Office with assistance from the Attorney General's Investigations division and the Lewiston Police Department.

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CONTACT: Brenda Kielty (207) 626-8577

Attorney General Schneider Announces Hollywood Video Debt Collection Settlement

May 12, 2011

AUGUSTA ?Maine Attorney General William J. Schneider today announced a settlement to resolve allegations of unfair debt collection practices for Hollywood Video and Movie Gallery customer accounts.

The customer accounts at issue involve Hollywood Video rental stores in all fifty states and the District of Columbia and approximately 3 million consumers of which 14,531 are Mainers.

When Hollywood Video filed for bankruptcy in 2010 the customer accounts were referred to independent debt collection agencies to collect outstanding late fees and product fees.

A spike of consumer complaints emerged with common claims that: 1) disputed the debts were ever incurred or owed; 2) amounts sought were greatly in excess of any late fees that might have been incurred; and 3) adverse credit information was reported to credit bureaus without prior notice to customers that amounts were owed and without opportunity to challenge the debt.

?Debt collection and resulting credit reports can have a serious impact on consumers. It is very important that debts are collected in a fair and legal manner,? said Attorney General Schneider. ?This agreement provides immediate consumer relief from improper collection practices.?

Under the terms of the settlement, Hollywood Video will rescind any outstanding adverse credit reports and refrain from reporting adverse information to reporting agencies in the future. If a consumer disputes the validity of a collection notice, Hollywood Video will immediately cease collection efforts until the account is reviewed and verified to be accurate. In addition, in instances where Hollywood Video asserts that a consumer owes both a late fee and product fee, Hollywood Video will seek to collect only the lesser of the two fees and will forego collection of any interest or collection fees on the account.

Any future purchaser of the Hollywood Video customer accounts will be bound by the terms of the agreement.

Consumers who have complaints about individual accounts can contact Hollywood Video directly at Movie Gallery, Inc., Hollywood Entertainment Corp., 7405 SW Tech Center Drive, Suite 130, Tigard, Oregon.

Consumers can contact the Office of the Attorney General?s Public Protection Division for additional information or assistance at (207) 626-8812.

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CONTACT: Brenda L. Kielty (207) 626-8577

Attorney General William Schneider Urges Maine Consumers to Do Their Homework When Purchasing Home Heating Oil

May 16, 2011

AUGUSTA ? In light of recent cases of local home heating oil dealers going out of business without fulfilling the prepaid accounts of customers, Attorney General William Schneider today urged Maine residents to do their homework before purchasing oil.

In 2005 the Maine legislature enacted a statute that prohibits home heating oil dealers from offering prepaid guaranteed price plans without first obtaining one of three forms of financial protection to ensure the dealer?s ability to deliver the product for the agreed-upon price.

?Before purchasing home heating oil, compare oil suppliers, costs and contracts,? said Schneider. ?Ask the dealer which of the three financial security methods it uses to meet statutory requirements. Keep a copy of the contract and any other related paperwork, including any advertisements the company placed at the time of purchase.?

The law requires the dealers to obtain one of the following: 1.) Contracts with suppliers that guarantee the dealer will be able to purchase at a fixed price an amount equal to 75% of the maximum gallons the dealer is committed to delivering to its prepaid customers; 2.) A surety bond equal to at least 50% of the total amount paid by its prepaid customers; or 3.) A letter of credit equal to 100% of the total amount paid by its prepaid customers.

The terms of each customer?s prepaid contract must specifically include the total amount of money paid by the customer under the contract; the maximum number of gallons committed by the dealer for delivery; and confirmation that the dealer has secured one of the three consumer protections listed above.

At least two Maine oil dealers, Thibeault of Brunswick and Price-Rite/Veilleux of Biddeford have gone out of business recently. Due to the lack of assets available to satisfy a judgment, there is little recourse for customers. This has left hundreds of customers without the heating oil they purchased or the money they gave the oil companies in advance.

For more home heating information, go to http://www.maine.gov/tools/whatsnew/attach.php?id=27939&an=1

To report unfair and deceptive conduct by a home heating company, contact the Attorney General?s Consumer Protection Division at (207) 626-8849.

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CONTACT: Brenda Kielty (207) 626-8577

Maine Criminal Justice Academy Graduates 45 Officers From Basic Law Enforcement Training Program

May 20, 2011

AUGUSTA ? Attorney General William J. Schneider today gave the keynote address at the Maine Criminal Justice Academy?s 20th Basic Law Enforcement Training Program Graduation Ceremony, held at the Academy?s Oak Grove Road facilities in Vassalboro.

Forty-five cadets from state, county, municipal and state agency organizations successfully completed the rigorous 18 week training. The following cadets received their badges in today?s ceremony:

  1. Officer Dennis V. Matthews, Auburn Police Department
  2. Officer Bryan J. Parker, Auburn Police Department
  3. Officer Jonathan D. Provisor, Auburn Police Department
  4. Officer Benjamin Murtiff, Augusta Police Department
  5. Officer Todd D. Nyberg., Augusta Police Department
  6. Officer Andrew M. Simmons, Augusta Police Department
  7. Officer Joshua R. Engroff, Baileyville Police Department
  8. Officer Ryan W. Freeman, Bangor Police Department
  9. Officer Matthew P. Bell, Biddeford Police Department
  10. Officer Scott R. Hendee, Biddeford Police Department
  11. Officer Kristie A. Bouchard, Brewer Police Department
  12. Officer Thomas P. Ferriter, Boothbay Harbor Police Department
  13. Officer Cody E. Laite, Camden Police Department
  14. Deputy Todd W. McGee, Cumberland County Sheriff?s Office
  15. Officer Wayne H. Drake, Farmington Police Department
  16. Officer Matthew W. Moorhouse, Freeport Police Department
  17. Officer Michelle E. Legare, Fryeburg Police Department.
  18. Deputy David L. Arsenault, Knox County Sheriff?s Office
  19. Mr. Kyle S. McDonald, MCJA ? Tuition Student
  20. Marine Patrol Officer Brent A. Chasse, Maine Marine Patrol
  21. Trooper Christopher R. Baez, Maine State Police
  22. Trooper Reid C. Bond, Maine State Police
  23. Trooper Tucker L. Bonnevie, Maine State Police
  24. Trooper David W. Coflesky, Maine State Police
  25. Trooper Nicholas D. D?Angelo, Maine State Police
  26. Trooper Thomas W. Kwok, Maine State Police
  27. Trooper Paul M. Mason, Maine State Police
  28. Trooper Jillian M. Monahan, Maine State Police
  29. Trooper Kyle D. Pelletier, Maine State Police
  30. Trooper Benjamin K. Sweeney, Maine State Police
  31. Trooper Kyle M. Wells, Maine State Police
  32. Trooper Samuel D. Quintana, Maine State Police
  33. Officer Ryan D. Lawson, Mount Desert Police Department
  34. Deputy David L. Quinn, Penobscot County Sheriff?s Office
  35. Warden Troy J. Francis, Penobscot Nation Warden Service
  36. Officer Christopher M. Kelley, Portland Police Department
  37. Officer Heath L. Mains, Saco Police Department
  38. Officer Eddie H. Murphy, Sanford Police Department
  39. Officer Christopher T. Schofield, South Portland Police Department
  40. Officer Caleb H. McGary, University of Maine Department of Public Safety.
  41. Officer Jason T. St. John, Westbrook Police Department
  42. Officer Brandon P. Perry, Windham Police Department
  43. Officer Eric P. Quatrano, Windham Police Department
  44. Deputy Robert W. Carr Jr., York County Sheriff?s Office
  45. Deputy Duane K. Fay, York County Sheriff?s Office

Attorney General Schneider commended the Academy faculty and staff for ?building these outstanding young cadets into modern law enforcement officers whose courage, commitment and daily efforts will keep our streets safe.?

The mission of the Maine Criminal Justice Academy is to provide the highest level of training available to law enforcement and correctional officers in the state. By statute, the Academy is required to provide a basic training program for all full-time law enforcement officers, all part-time law enforcement officers, all county and state correctional officers, all court security officers and all capitol police officers. The Academy also coordinates the eight Regional Training Districts across the state, many of which provide Academy certified training to officers in remote areas.

For more information about the Maine Criminal Justice Academy, go to the following link:

http://www.maine.gov/dps/mcja/index.shtml

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CONTACT: Brenda Kielty 626-8577

Attorney General Schneider Reaches Settlement With Irving Oil

May 26, 2011

AUGUSTA ?Maine Attorney General William Schneider announced today that he has settled concerns about reduced competition as a result of the proposed acquisition by Irving Oil Terminal, Inc. and Irving Oil Limited (?Irving?) of ExxonMobil petroleum products storage and transportation assets in Maine.

Under the original deal made public in November 2009, Irving would have acquired ExxonMobil?s petroleum products terminals in South Portland and Bangor, as well as the pipeline connecting the two terminals.

According to Attorney General Schneider, this acquisition would have substantially reduced competition and constituted a violation Maine?s merger laws.

?We have challenged this transaction for one very simple reason,? said Schneider. ?Promoting competition in an industry where consumer impact is high is critical, particularly in these times of rising fuel and gasoline prices. The people of Maine, particularly the Bangor and Penobscot Bay area, will benefit by keeping the gasoline marketplace open.?

Under the terms of the settlement, which is in the form of a Consent Judgment and subject to court approval, Irving will not acquire ExxonMobil?s Bangor terminal or the pipeline connecting the Bangor terminal and ExxonMobil?s South Portland terminal.

Irving will also be prohibited from acquiring more than a 50% ownership interest in the South Portland terminal, which will be acquired instead by a joint venture between Irving and Buckeye Partners, L.P. and its affiliate Buckeye Pipe Line Holdings, L.P. (?Buckeye?).

Buckeye, a publicly traded partnership that owns and operates one of the largest independent refined petroleum products pipeline systems in the United States, will be the sole operator of the South Portland terminal and will also acquire the ExxonMobil Bangor terminal and the intrastate pipeline connecting the two terminals.

The proposed Consent Judgment, to govern for a period of ten years, prevents Irving from acquiring additional share in, managing, or operating the South Portland terminal absent the Attorney General?s prior approval.

The Consent Judgment also requires prior notification should Irving acquire any form of additional ownership interests in petroleum products transportation or storage assets located in Maine.

Finally, firewall and monitor provisions are included to prevent Irving from accessing and using confidential customer information as a result of its co-ownership in the South Portland terminal joint venture with Buckeye.

The remedy reflected in the Consent Judgment preserves competition in the gasoline and distillates terminaling services markets in both the Bangor/Penobscot Bay and South Portland areas of Maine.

In reviewing the acquisition, the Attorney General worked closely with the Federal Trade Commission (?FTC?), which has also announced and accepted for public comment an Agreement Containing Consent Order, reflecting similar restrictions and conditions as the Maine Consent Judgment.

Assistant Attorney General Christina M. Moylan handled this matter for Attorney General Schneider?s Consumer Protection Division.

More information and the FTC?s Agreement Containing Consent Order, Decision and Order and Analysis to Aid Public Comment can be viewed at:

http://www.ftc.gov/os/caselist/1010021/index.shtm

CONTACT: Brenda Kielty (207) 626-8577

Biddeford Man Pleads Guilty, Sentenced for Racially Motivated Assault

May 26, 2011

AUGUSTA ? A Biddeford man pled guilty and was sentenced on charges he violated the Maine Civil Rights Act, Attorney General William J. Schneider announced.

Adam D. Goodwin, age 36, pled guilty in York County Superior Court in Alfred to assault, interference with constitutional and civil rights, and a criminal violation of a civil rights injunction. Following the plea, Superior Court Justice G. Arthur Brennan sentenced Goodwin to nine months in the York County Jail.

On December 18, 2010 the victim, Carl Donaldson, an African-American, waited for an order at Rapid Ray?s Diner in Saco with his female companion, who was Caucasian. Goodwin entered the diner and made a racially derogatory comment to the couple. Donaldson replied and turned back to his companion when Goodwin closed his fist and punched Donaldson in the head.

?It is unacceptable that acts of violence are committed against complete strangers because of their race or national origin. We will continue to vigorously pursue and prosecute those who commit crimes driven by hatred and intolerance.?

At the time of the assault, Goodwin was under an injunction resulting from a 2008 assault against a Jewish man motivated by anti-Semitism. The Maine Superior Court had ordered Goodwin not to engage in future violations of the Maine Civil Rights Act, which prohibits the use of physical force or violence or the threat of physical force or violence motivated by bias against race, color, religion, sexual orientation, national origin, and physical or mental disability.

Since 1992 the Maine Attorney General?s office has obtained over 200 injunctions against individuals under the Maine Civil Rights Act. Violations of those injunctions are Class D crimes punishable by up to 364 days in jail. There have only been eight criminal violations of these civil rights orders, all resulting in significant jail sentences.

This case was investigated by the Saco Police Department. Assistant Attorney General Leanne Robbin handled this matter for Attorney General Schneider?s Financial Crimes and Civil Rights Division.

CONTACT: Brenda Kielty (207)626-8577

Naples Man?s Conviction for Tax Theft Affirmed

June 2, 2011

AUGUSTA ? A Naples man?s conviction for tax related theft was affirmed by the Maine Supreme Judicial Court, Attorney General William J. Schneider announced today.

Michael A. Skarbinski, age 50, appealed from a judgment of conviction entered in the Cumberland County Superior Court, following a jury trial in March 2010. Superior Court Justice Roland Beaudoin found Skarbinski guilty of one count of theft by deception (Class C); two counts of criminal attempted theft by deception (Class D); and three counts of making and subscribing false tax returns (Class D).

Skarbinski filed requests for tax refunds claiming no taxable income for the years 2005, 2006 and 2007 when he and his wife had earned between $80,000 and $130,000 in taxable income per year. Skarbinski contended at trial that the salaries he and his wife earned as professionals at local area hospitals simply were not taxable. By falsely claiming zero taxable income in 2007, Skarbinski received a refund for that tax year of nearly $4,000. His two other attempts at refunds were detected and denied by Maine Revenue Services.

?All Maine taxpayers bear the responsibility for paying their fair share under state tax laws,? said Attorney General Schneider. ?We will continue to work with Maine Revenue Services to pursue and prosecute anyone who attempts to falsify tax returns or obtain tax refunds through deception.?

Skarbinski was sentenced to 12 months in jail with all but 45 days suspended followed by two years of probation. He had been free on bail pending his appeal. In addition, he was ordered to pay restitution of the $3,780 refund, file his amended tax returns and pay the required taxes.

This case was investigated by the Maine Revenue Services? Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled this matter for Attorney General Schneider?s Financial Crimes and Civil Rights Division.

CONTACT: Brenda L. Kielty (207) 626-8577

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Pharmaceutical Company UCB Inc. Settles Health Care Fraud Allegations

June 10, 2011

AUGUSTA ? Attorney General William J. Schneider announced today that Maine reached an agreement with pharmaceutical manufacturer UCB Inc. (UCB) to settle allegations of submitting false claims for its epilepsy drug Keppra to MaineCare, the Maine Medicaid program.

Medicaid programs nationwide will receive approximately $25.7 million of the $34 million settlement resolving criminal and civil liability arising out of UCB?s off-label promotion of its anti-epileptic drug. Maine will receive approximately $43,000 as a result of the settlement.

Keppra was approved by the Food and Drug Administration (FDA) as an anti-epileptic drug for the treatment of seizures in adults and children suffering from epilepsy. Once approved by the FDA, a manufacturer may not market or promote a drug for any use not specified in the FDA-approved product label. These uses are also known as unapproved or ?off-label? uses.

The federal government?s investigation revealed that from January 1, 2003 through March 31, 2005 UCB promoted the sale and use of Keppra for headaches, migraines, pain, bipolar mood disorders and anxiety. These off-label uses were not medically accepted indications and not eligible for reimbursement by state Medicaid programs under the False Claims Act.

?UCB put profit ahead of patients,? said Attorney General Schneider. ?This settlement shows our continuing efforts to pursue and recover Maine taxpayer dollars for health care fraud.?

The UCB settlement involved both criminal and civil components. Under the terms of the plea agreement before the U.S. Court for the District of Columbia, UCB pled guilty to one misdemeanor count of misbranding in violation of the Food, Drug and Cosmetic Act. The government alleged that UCB promoted the sale of Keppra for off-label use in the treatment of migraine by generating and disseminating posters representing that Keppra was safe and effective for treating migraine based on purportedly independent investigator-initiated studies. The posters did not disclose UCB?s sponsorship of these studies or that UCB?s own clinical trial had failed to demonstrate that Keppra was effective in treating migraine.

The civil settlement was reached by the U.S. Attorney?s Offices for the District of Columbia, the District of Oregon and the Commercial Litigation Branch of the U.S. Department of Justice Civil Division. Assistance was provided by the National Association of Medicaid Fraud Control Units with Maine represented by Assistant Attorney General Michael Miller, Director of the Healthcare Crimes Unit.

The Healthcare Crimes Unit is the Medicaid Fraud Control Unit for the State of Maine charged with investigating and prosecuting financial fraud and other crimes committed by MaineCare providers or their employees, and investigating and prosecuting abuse, neglect or exploitation of elderly and dependent persons that occurs in health care facilities or by health care providers.

To learn more about the Office of the Attorney General Healthcare Crimes Unit, go to:

http://www.maine.gov/ag/crime/crimesweprosecute/healthcare_crimes.shtml

CONTACT: Brenda L. Kielty (207) 626-8577

Pharmaceutical Novo Nordisk Settles Health Care Fraud Allegations

June 14, 2011

AUGUSTA ? Attorney General William J. Schneider announced today that Maine reached an agreement with Danish pharmaceutical manufacturer Novo Nordisk Inc. to settle allegations of submitting false claims for its hemostasis management drug NovoSeven to MaineCare, the Maine Medicaid program.

State Medicaid programs nationwide will receive approximately $3.5 million of the $25 million settlement resolving civil liability arising out of Novo Nordisk?s off-label promotion of its bleeding disorder drug. Maine will receive approximately $22,000 as a result of the settlement.

NovoSeven was approved by the Food and Drug Administration (FDA) to treat certain bleeding disorders in hemophiliacs. Once approved by the FDA, a manufacturer may not market or promote a drug for any use not specified in the FDA-approved product label. These uses are also known as unapproved or ?off-label? uses.

The U.S. subsidiary of Novo Nordisk promoted NovoSeven to health care professionals as a coagulator agent for trauma patients, general surgery, cardiac surgery, liver surgery, liver transplants and intra-cerebral hemorrhage. As a result of this unlawful promotion, Novo Nordisk caused false claims to be submitted to government health care programs that were not reimbursable by those programs. Medicare and Medicaid paid for off-label prescriptions as a result of Novo Nordisk?s campaign to influence doctors and hospitals.

?Health care patients should be able to trust that their prescription drugs are safe, effective and prescribed only for FDA approved uses,? said Attorney General Schneider. ?These off-label promotions waste Maine taxpayer dollars and we will seek recovery from pharmaceutical companies for this kind of health care fraud.?

The settlement resolves a whistleblower lawsuit filed under the qui tam or whistleblower provisions of the False Claims Act that is pending in the District of Maryland. Also as part of the settlement, Novo Nordisk has agreed to enter into an expansive corporate integrity agreement that provides for procedures and reviews meant to avoid and promptly detect improper marketing practices.

The civil settlement was reached by the U.S. Attorney?s Offices for the District of Maryland and the U.S. Department of Justice Civil Division. Assistance was provided by the National Association of Medicaid Fraud Control Units with Maine represented by Assistant Attorney General Michael Miller, Director of the Healthcare Crimes Unit.

The Healthcare Crimes Unit is the Medicaid Fraud Control Unit for the State of Maine charged with investigating and prosecuting financial fraud and other crimes committed by MaineCare providers or their employees, and investigating and prosecuting abuse, neglect or exploitation of elderly and dependent persons that occurs in health care facilities or by health care providers.

To learn more about the Office of the Attorney General Healthcare Crimes Unit, go to:

http://www.maine.gov/ag/crime/crimesweprosecute/healthcare_crimes.shtml

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CONTACT: Brenda L. Kielty (207) 626-8577

Citi Credit Card Customer Data Breached

June 16, 2011

AUGUSTA ? Attorney General William J. Schneider alerts credit card customers of Citibank N.A. (Citi) that a recent breach of security resulted in the unauthorized access to personal information of at least 703 Maine Citi credit card customer accounts.

According to Citi, the breach was discovered during routine monitoring on May 10 and involved unauthorized third party access to customer names, credit card account numbers and personal contact information including email addresses. The third party did not gain access to any customer?s social security number, date of birth, credit card expiration date or credit card security code (CVV).

Citi began notifying customers of the breach on June 3 by letter sent via U.S. mail and/or through a notice displayed online when a customer logs into a specific Citi credit card account. Citi will not be notifying their affected customers by telephone or email. In addition, Citi will reissue credit cards to potentially impacted customers.

?This breach is a direct threat to the confidentiality and security of the private information of Citi?s Maine credit card customers,? says Schneider. ?Credit card users should review their account activity frequently and be aware that legitimate communication from Citi will not occur by a phone call or random email.?

In addition, Attorney General Schneider reminds residents of Maine that having their information in the hands of an unauthorized person does not necessarily mean that they have become a victim of identity theft. Identity theft does not occur until an unauthorized person fraudulently uses that information to secure money, goods or services in another person?s name.

A security freeze or ?file freeze? may be placed on an individual?s credit report as added protection against identity theft. With a freeze in place, the credit reporting agency may not release a credit report without the individual?s authorization. To place a security freeze on your credit file you must send a written request to the three major credit reporting agencies. The security freeze is provided at no charge to consumers who have been victims of identity theft.

Maine?s file freeze law is found at the following link:

http://www.mainelegislature.org/legis/statutes/10/title10sec1313-C.html

Consumers who are concerned about data breaches may contact the Maine Office of the Attorney General Consumer Protection Division at 626-8800.

National credit reporting agency contact information is as follows:

Equifax PO Box 740241 Atlanta, GA 30374-0241 1-800-685-1111 For security freezes call 800-525-6285 http://www.equifax.com/answers/help/security-freeze/en_cp

Experian PO Box 2104 Allen, TX 75013-0949 1-888-397-3742 For security freezes call 888-397-3742 http://experian.com/consumer/security_freeze.html

Trans Union PO Box 1000 Chester, PA 19022 1-800-916-8800 For security freezes call 800-680-7289 http://transunion.com/corporate/personal/fraudIdentityTheft/fraudPrevention/securityFreeze.page

CONTACT: Brenda Kielty (207) 626-8577

Report Of The Attorney General On The Use Of Deadly Force By York County Deputy Sheriff On January 15, 2011 In Lyman

June 16, 2011

Facts

On the night of January 15, 2011, Andrew Landry, 22, was shot and killed by York County deputy sheriff Kyle Kassa during an armed confrontation in a home on Faucher?s Lane in Lyman.

At approximately 8 p.m. on January 15, 2011, the Sanford Regional Communications Center received a call from Andrew Landry?s grandmother, with whom Mr. Landry resided in Sanford. She reported that Mr. Landry was at his aunt?s residence on Faucher?s Lane in Lyman and was acting oddly. The call was dispatched to Sgt. Kyle Kassa of the York County Sheriff?s Office. Sgt. Kassa learned that Mr. Landry?s odd behavior included calls made by Mr. Landry to family members inquiring if there were any weapons in the Faucher?s Lane residence. Mr. Landry also told family members that he felt that he was in ?the matrix.? It was also reported that during one of these telephone calls, Mr. Landry asked a family member whether his cousin would bleed if stabbed because he thought she was a robot. About a half hour before this call, the same cousin spoke with a family member and expressed fear of Mr. Landry because of the odd manner in which he was acting. After this call, no one from Mr. Landry?s family was able to reach anyone inside the Faucher?s Lane home by telephone.

It was learned from the investigation that Mr. Landry?s odd behavior at the Faucher?s Lane home included methodically unplugging anything electrical in the home, unplugging the phone in the residence, and removing the battery from a cell phone. Mr. Landry spoke to family members of his aversion to electrical outlets and his belief that voices coming from the electrical outlets were talking to him. He also told the family members that they were all robots from the head down, that they would not bleed if stabbed, and that he would defend them from the police who were also robots. At another point, Mr. Landry climbed onto a chair to cover a rear kitchen window with a blanket.

For nearly two hours, the family members inside the house witnessed Mr. Landry?s unusual behavior and it was his behavior that ultimately resulted in the call to the police. Using the pretense that she needed to walk the dog, Mr. Landry?s aunt was able to leave the residence and use her cell phone to call Mr. Landry?s grandmother. After receiving the aunt?s call describing Mr. Landry?s odd behavior, the grandmother called the police, and later described the behavior in detail to Sgt. Kassa while the officer was on his way to the residence in Lyman.

Before approaching the Faucher?s Lane home, Sgt. Kassa and Sgt. David Chauvette, also of the York County Sheriff?s Office, met and conferred briefly at the entrance to Faucher?s Lane and then drove in separate cruisers to the residence. Both officers were in uniform and driving marked cruisers. It was nighttime, and the officers noted that the home appeared to be dark inside. As the officers approached the home on foot, they noticed movement of the blinds or curtains in a front window. As the officers climbed the steps to a small landing at the front door, lights came on inside the home. The officers observed notes taped to the front door and they noticed that written on one of the notes was ?robots not welcome.? Later investigation disclosed that two notes, written by Mr. Landry and taped to the front door of the residence with black duct tape, read:

?Robots lost Man Wins! 1st Amendment Freedom is Speech. Computers & Matrixs are Not Welcome here. STAY OUT! WE HAVE A STRICT PRIVACY POLICY!!!? ?This is strictly A house of GOD. Stay out. Freedom of Religion. SELF DEFENSE IS LEGAL. Don?t brake in.?

In response to the officers? arrival at the door, Mr. Landry?s aunt opened the door. She appeared very upset and started to explain Mr. Landry?s behavior, but was cut short when Mr. Landry appeared in the open doorway. Mr. Landry failed to respond to questions from Sgt. Chauvette; he turned around and walked into the living room of the home. Mr. Landry failed to interact verbally with the officers and maintained a blank stare throughout the entire encounter. The officers followed Mr. Landry into the house. Mr. Landry walked from the living room into the kitchen, ignoring the officers? requests for him to ?hold up? and speak to them. The officers were side-by-side in the living room when they observed Mr. Landry, who was six to seven feet away from them in the kitchen area, extract what turned out to be two large knives from a butcher block on the kitchen counter. Later investigation determined that the stainless steel knives measured 14 inches overall with 8-inch blades. In addition to the two knives picked up by Mr. Landry at that point, the investigation also disclosed that Mr. Landry had placed two similar knives at locations in the living room which, according to a family member, he said were needed to defend himself.

Both officers issued several commands for Mr. Landry to drop the knives; these commands were ignored. Sgt. Chauvette attempted to immobilize Mr. Landry with a TASER. After the TASER was deployed, Mr. Landry ?stiffened up? and then charged at Sgt. Kassa while ?wind milling? the knives in both hands. Sgt. Kassa backed up as Mr. Landry came toward him but quickly ran out of room. As Mr. Landry continued to charge, Sgt. Kassa shot at him several times. At the time he was shot, Mr. Landry had already made physical contact with Sgt. Kassa and Sgt. Kassa was continuing to ward off Mr. Landry?s knife attack even after discharging several rounds at Mr. Landry. As this was going on, Sgt. Chauvette, who was within a foot or two of Sgt. Kassa and Mr. Landry, was able to grab Mr. Landry and push him away from Sgt. Kassa. Mr. Landry, struck by gunfire, collapsed to the floor. The investigation disclosed that Sgt. Kassa discharged a total of four rounds, three of which struck Mr. Landry. There was no appreciable distance between Sgt. Kassa and Mr. Landry at the time the shots were fired. This was evidenced by gunpowder stippling on Mr. Landry, and blood from Mr. Landry on Sgt. Kassa. In addition, the contact between Mr. Landry and Sgt. Kassa resulted in a small tactical light being dislodged from Sgt. Kassa?s firearm.

The investigation also disclosed a previous encounter between the police and Mr. Landry on January 15. Shortly after noon on that day, Mr. Landry?s mother called the Sanford Police Department to report that Mr. Landry was missing. The mother also reported that Mr. Landry?s cell phone and brief case had been found on the side of the New Dam Road in Sanford, not far from his grandmother?s home where he had been residing. A Sanford police officer went to the grandmother?s home and spoke with two family members, who related that Mr. Landry?s behavior of late had been bizarre. While the officer was speaking with the family members, Mr. Landry?s grandmother returned home and with her was Mr. Landry. The grandmother told the officer that she found Mr. Landry in Alfred and that he had been out in the cold for at least three hours without a shirt or shoes. In response to questioning by the officer, Mr. Landry said that he had not slept nor eaten for several days, that he did not know why he had left his grandmother?s house in cold weather only partially clothed, and that he did not know where he was when his grandmother found him in Alfred. Based on Mr. Landry?s responses, the officer called Sanford Rescue to evaluate Mr. Landry?s medical condition. Initially, Mr. Landry consented to the medical evaluation and, agreed to go to a hospital; ultimately he rejected the advice and declined to go to the hospital. The paramedics determined that Mr. Landry was not in need of immediate medical attention and, in accordance with his wishes, he was released. At the same time, the responding Sanford police officer determined that taking Mr. Landry into protective custody was not an option because the officer had no credible evidence that Mr. Landry was an imminent threat to himself or others.

Analysis and Conclusion

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, is reasonably generated by the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for an individual to be justified in using deadly force for self-defense or the defense of others, two requirements must be met. First, the individual must reasonably believe that deadly force is imminently threatened against the individual or against someone else, and, second, the individual must reasonably believe that deadly force is necessary to counter that imminent threat.

Attorney General William J. Schneider has concluded that at the time shots were fired at Mr. Landry by Sgt. Kassa, it was reasonable for Sgt. Kassa to believe that deadly force was imminently threatened against him and Sgt. Chauvette. In addition, it was reasonable for Sgt. Kassa to believe that it was necessary for him to use deadly force to protect himself and Sgt. Chauvette from the imminent threat of deadly force posed against them by Mr. Landry?s actions. This conclusion is based on an extensive scene investigation, interviews with numerous individuals, review of medical records, and all other evidence made available from any source.

It is beyond the scope of this report and beyond the authority and expertise of this office to determine Mr. Landry?s motivations, his state of mind, or the medical or psychological underpinnings of his behavior and actions on January 15, 2011.

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CONTACT: Brenda Kielty Telephone: (207) 626-8577

Attorney General Schneider and 37 Attorneys General Reach Settlement With GlaxoSmithKline and SB Pharmco over Substandard Pharmaceutical Manufacturing

June 23, 2011

AUGUSTA ?Maine Attorney General William Schneider, along with 37 other attorneys general, reached a $40.75 million settlement with drug manufacturer GlaxoSmithKline, LLC (GSK) and SB Pharmco Puerto Rico, Inc. (SB) arising from allegations that the companies used substandard manufacturing processes at their plant in Cidra, Puerto Rico. The settlement includes $585,127 for Maine.

In a complaint filed today with the settlement agreement, Attorney General Schneider alleges that GSK and SB manufactured and distributed certain lots of Kytril (a sterile drug used to prevent nausea and vomiting caused by cancer chemotherapy and radiation treatment), Bactroban (an antibiotic ointment used to treat skin infections), Paxil CR (the controlled release formulation of the antidepressant drug, Paxil), and Avandamet (a combination Type II diabetes drug) that were adulterated because the manufacturing processes used to produce these lots were substandard.

GSK and SB are no longer manufacturing drugs at their Cidra facility, which has been closed since 2009.

?These manufacturing processes did not meet standards put in place to ensure that drugs available for consumers in the marketplace are safe and effective,? Attorney General Schneider said. ?This settlement is part of our continuing effort to ensure that Maine consumers are protected from potential harm.?

As a result of the settlement, GSK and SB are prohibited from making deceptive claims regarding the manufacturing of all drugs formerly manufactured at the Cidra facility regardless of where these drugs are now produced. In addition, the companies cannot misrepresent the characteristics or cause the likelihood of confusion or of misunderstanding about the way in which they are manufactured.

Consumers should note that the adulterated batches have been recalled for many years and/or the products? expiration dates have passed. If consumers have questions or concerns they should contact their health care provider. In addition to Maine, the Attorneys General of the following states and the District of Columbia participated in the settlement: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia and Wisconsin.

Assistant Attorney General Carolyn A. Silsby of Attorney General Schneider?s Consumer Protection Division handled the case for Maine.

CONTACT: Brenda Kielty (207)626-8577

Maine Awarded Three-Year Contract to Enforce Federal Tobacco Sales Law

July 11, 2011

AUGUSTA ? The U.S. Food and Drug Administration (FDA) Center for Tobacco Products announced an agreement with the state of Maine to assure compliance with federal laws surrounding the sale and distribution of tobacco to minors.

Dr. Lawrence R. Deyton, Director of the FDA Center for Tobacco Products, Maine Attorney General William J. Schneider and Maine Department of Health and Human Services (DHHS) Commissioner Mary Mayhew announced the award of a one year contract with two one year options. If all options are exercised, the three-year amount will total $2.1 million. The funds will be used to supplement existing compliance efforts and will be administered by the Attorney General?s Office on behalf of DHHS.

?We are fortunate to be able to continue our comprehensive tobacco control program,?? said Commissioner Mayhew. ?Maine has reduced youth smoking over the last several years but the recent slight increase in smoking among youth reinforces the need to be vigilant in our effort to reduce youth smoking.?

Maine was awarded one of the first two of FDA?s compliance and enforcement contracts to pilot the program in 2010. FDA currently has contracts with 19 states and will award contracts to several other states through the end of September.

Maine?s laws mirror the federal regulations that prohibit the sale of cigarettes, smokeless tobacco, and cigarette tobacco to anyone under age 18 and require retailers to check the identification of anyone under age 27.

In addition, the federal law prohibits sales to minors of flavored cigarettes and cigarettes, smokeless tobacco and cigarette tobacco labeled light, low tar or containing similar descriptions that convey a message that the product is safer than others on the market.

Attorney General Schneider praised Maine retailers for their effort in preventing underage tobacco sales. ?Compliance is at an all-time high. Our continued partnership with FDA will assist us in limiting the availability of tobacco products to Maine children and adolescents,? Schneider said. ?We have also partnered with DHHS on the NO BUTS responsible tobacco retailer program which now offers online training to help retail employees comply with the law.?

Dr. Deyton met with stakeholders from the public health and regulated business communities to learn more about Maine?s comprehensive tobacco prevention efforts and brief them on FDA?s mission and its efforts to partner with states and businesses.

?Maine?s tobacco prevention efforts have a strong history and we are pleased that the new contract will continue our relationship,? commented Dr. Deyton.

Information about FDA Center for Tobacco Products can be found at: http://www.fda.gov/Tobacco

Report Of The Attorney General On The Use Of Deadly Force By Kennebunk Police Officer Morneau On March 27, 2011 In Kennebunk

August 2, 2011

Facts

On the night of March 27, 2011, Katherine Paulson, 39, was shot and killed by Kennebunk police officer Joshua Morneau during an armed confrontation at the Paulson home in Kennebunk where Ms. Paulson lived with her elderly mother.

Just before 9 p.m. on March 27, 2011, Katherine Paulson?s mother called 911 to report that she was ?having a domestic dispute with [her] adult daughter,? and that she was afraid for her wellbeing. The caller told the dispatcher that Katherine Paulson lived with her on Nottingham Court in Kennebunk, and that she wanted her removed from the home. The dispatcher determined that the dispute was verbal in nature and did not include any sort of physical altercation. When asked if she had been assaulted, the mother responded, ?No, not this evening.? Within minutes two Kennebunk police officers, Officer Joshua Morneau and Sgt. Juliet Gilman, arrived at the home. Both officers were in uniform and driving marked police cruisers. The telephone connection between the mother and the dispatcher remained opened.

Officer Morneau was the first to meet the mother at the door to the home, followed closely by Sgt. Gilman. Both officers were invited into the home by the mother, who described the problems she had been experiencing that evening with Katherine Paulson and Katherine?s refusal to leave. While Sgt. Gilman spoke further with the mother, Officer Morneau met Katherine Paulson in the home?s small galley kitchen. Ms. Paulson was leaning against a counter with her arms folded and did not respond to Officer Morneau?s greeting or his attempts to engage her in dialogue. Based on Ms. Paulson?s stance and demeanor, Officer Morneau formed the opinion that Ms. Paulson was angry because of the police presence.

When Officer Morneau introduced himself, Ms. Paulson turned slightly to her right and removed a large knife from a butcher block holder on the kitchen counter. Later investigation determined that the knife was 13? inches long with an eight-inch blade. Ms. Paulson turned to face Officer Morneau with the knife in her hand. Officer Moreau started moving backwards while drawing his service weapon and ordering Ms. Paulson to drop the knife. She did not comply. Instead, she advanced on Officer Morneau. Officer Morneau moved backwards until he was unable to retreat further because of a physical obstruction. Officer Morneau continued to command Ms. Paulson to drop the knife. When Ms. Paulson was about four feet from Officer Morneau and still advancing, Officer Morneau discharged four shots at her. Later examination by the Office of the Chief Medical Examiner in Augusta determined that all four rounds struck Ms. Paulson, and that she died at the scene from the multiple gunshot wounds.

No more than 19 seconds passed from the time the officers arrived at the Paulson home to the time that Officer Morneau shot Katherine Paulson.

Investigators from the Office of the Attorney General went to Kennebunk the night of the shooting to investigate the incident. They were assisted by State Police detectives and evidence technicians, as well as the Office of the Chief Medical Examiner. The Kennebunk Police Department cooperated fully with the investigation, and later convened its own internal review of the incident.

The Kennebunk Police Department had no prior history with Katherine Paulson but Ms. Paulson did have history with police in Massachusetts. The investigation determined that during the years that Ms. Paulson lived in Hamilton, Massachusetts, the Hamilton police had contact with her at least 18 times beginning in about 1988. These interactions with the Hamilton police were primarily calls that resulted in Ms. Paulson being taken into protective custody after exhibiting symptoms of mental illness and becoming physically combative with officers. Criminal history record information in Massachusetts also showed that Ms. Paulson was arrested in 1997 in Saugus and in 2000 in Wenham. Ms. Paulson?s Saugus arrest involved an alleged assault on a police officer ?by a dangerous weapon.? Ms. Paulson?s arrest in Wenham was for allegedly assaulting three police officers with a dangerous weapon.

Analysis and Conclusion

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, is reasonably generated by the facts so as to preclude criminal prosecution. The review does not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for an individual to be justified in using deadly force for self-defense or the defense of others, two requirements must be met. First, the individual must reasonably believe that deadly force is imminently threatened against the individual or against someone else, and, second, the individual must reasonably believe that deadly force is necessary to counter that imminent threat.

Attorney General William J. Schneider has concluded that at the time shots were fired at Ms. Paulson by Officer Morneau, it was reasonable for Officer Morneau to believe that deadly force was imminently threatened against him, Sgt. Gilman and Ms. Paulson?s mother. In addition, it was reasonable for Officer Morneau to believe that it was necessary for him to use deadly force to protect himself and the others from the imminent threat of deadly force posed against them by Ms. Paulson?s actions. This conclusion is based on an extensive scene investigation, interviews with numerous individuals, review of medical records, and all other evidence made available from any source.

Ms. Paulson?s state of mind, her motivation, or the medical or psychological foundation of her behavior and actions the evening of March 27, 2011 is beyond the scope of this report and beyond the authority and expertise of this office.

CONTACT: Brenda Kielty (207)626-8577

Kennebunkport Man Sentenced For Tax Evasion And Unemployment Fraud

August 2, 2011

AUGUSTA ? Attorney General William J. Schneider announced today that Brian Bartley, 59, of Kennebunkport, was convicted on all counts in a 20 count indictment that included charges of theft of sales tax, income tax evasion, theft by deception and unemployment fraud.

York County Superior Court Justice Arthur Brennan sentenced Bartley, part owner and general manager of the Kennebunkport restaurant Bartley?s Dockside, to 3 years of incarceration with all but 9 months suspended and 3 years of probation. Bartley was ordered to pay back $87,365 in restitution which represents the money stolen, income tax evaded and recent restaurant taxes that he failed to pay since the criminal prosecution began in September 2009.

Bartley pleaded guilty in March of this year following an investigation covering 2003 through 2007. Each year Bartley regularly stole a portion of the sales tax customers paid to the restaurant and used that tax money for personal use. He also used the restaurant as a vehicle for income tax evasion by having it pay tens of thousands of dollars in personal expenses for him and his family, including mortgage and automobile payments, home utility bills and personal credit card expenses.

Although the restaurant operated as a year-round business, Bartley fraudulently applied for and received thousands of dollars in unemployment compensation.

Bartley was previously convicted in Maine, along with his father, James Bartley, of similar restaurant related tax offenses in 1991. Both served 3 months in jail. Over the course of several years the state collected the $200,000 in restitution for which Bartley, his father and the restaurant were responsible.

?All Maine taxpayers bear the responsibility for paying their fair share under state tax laws,? said Attorney General Schneider. ?Businesses entrusted with the collection of state taxes must pay these taxes over to the state and not use them for personal gain. With so many people out of work and struggling to pay their bills, it is inexcusable that an individual would fraudulently seek and receive unemployment benefits he does not deserve. We will continue to work with Maine Revenue Services to pursue and prosecute anyone who attempts to steal tax money or defraud the state.?

This case was investigated by the Maine Revenue Services? Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled this matter for Attorney General Schneider?s Financial Crimes and Civil Rights Division.

CONTACT: Brenda Kielty (207) 626-8577

Debt Settlement Company CSA Settles Unfair Trade Practices Claims

August 9, 2011

AUGUSTA ? Attorney General William J. Schneider announced today that Maine reached an agreement with Texas debt settlement company Credit Solutions of America, Inc. (CSA) and its owner Douglas Van Arsdale to settle allegations of unfair trade practices. (View Consent Judgment)

After two days of trial that began July 18th, CSA agreed to enter into a consent judgment to resolve claims that they violated the Maine Unfair Trade Practices Act with an advance fee debt settlement scheme.

Since 2003 CSA provided debt management services to Maine consumers by promising to negotiate with their creditors in order to obtain settlement of their credit card and other unsecured debts. CSA collected advance fees of up to 15% of the total enrolled debt to be negotiated. The company claimed that it could eliminate 40% to 60% of a consumer?s debts.

In most cases CSA held consumers responsible for paying the enrollment fee, regardless of whether all of the enrolled debt was settled. Of the 561 Maine consumers who enrolled with CSA and paid its advance fees, only 6 settled their debts at 40% of the total debt owed.

?Maine consumers in financial distress are particularly vulnerable to deceptive marketing of debt relief services,? said Attorney General Schneider. ?Despite CSA?s claims that consumers who enrolled in their program would be debt free in 36 months, the truth is that debt relief is not a quick fix.?

According to the consent judgment, CSA and Van Arsdale agreed that they will not accept payment in advance of providing services and will not enter enrollment contracts with new Maine consumers. In addition, CSA will pay $150,000 for the costs of investigation and litigation related to the resolution of these claims.

CSA will be permitted to continue to provide services to existing Maine customers in compliance with state law. Debt management companies are required to be licensed and bonded through the Maine Bureau of Consumer Credit Protection. These companies must offer an approved consumer education program and ensure that their debt management counselors are properly certified.

?More than 98% of Maine consumers who dealt with this company did not get the promised results,? said Will Lund, Superintendent of the Bureau of Consumer Credit Protection. ?Consumers who do their ?due diligence? before committing money, and who check to see if a company holds a valid license, can save themselves a lot of grief.?

If a consumer loses money as the result of law violations by licensed companies, Lund said his office can recover those lost funds by making a claim against a surety bond posted as part of the licensing process. Consumers can call the Bureau at 1-800-DEBT-LAW (1-800-332-8529) to verify a company?s license status, or they can review the rosters of licensed companies at the Bureau?s website: http://www.maine.gov/pfr/consumercredit/index.shtml

This case was prosecuted by Assistant Attorney General Linda Conti, Chief of Attorney General Schneider?s Consumer Protection Division and Kate Silsby, Assistant Attorney General with assistance from the Bureau of Consumer Credit Protection within the Maine Department of Professional and Financial Regulation.

To learn more about debt relief services contact:

The Federal Trade Commission 1-877-FTC-HELP (1-877-382-4357) http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre02.shtm

The Maine Bureau of Consumer Credit Protection 1-800-DEBT-LAW (1-800-332-8529) http://www.maine.gov/pfr/consumercredit/index.shtml

Attorney General Schneider Issues Statement On Superior Court Ruling Upholding Maine?s Sex Offender Registration and Notification Act

August 19, 2011

AUGUSTA ? Attorney General William J. Schneider announced today that the Superior Court in Kennebec County upheld Maine?s Sex Offender Registration and Notification Act (SORNA) in the face of constitutional challenges.

In a 70-page decision, the Superior Court rejected claims that SORNA is an unconstitutional ex post facto law; is void for vagueness; violates procedural and substantive due process; or is unconstitutionally cruel and unusual punishment. The court went on to reject Plaintiffs? argument that SORNA violated the Declaration of Rights in Maine?s Constitution.

The decision came about as a result of motions filed by over 15 sex offenders represented by three law firms.

Justice Michaela Murphy specifically noted that: ?The history of SORNA in Maine is one in which all branches of the government have acted in an attempt to find constitutional ways to protect the public, especially children, from sex offenders. Clearly, the State of Maine has significant and legitimate reasons in monitoring the whereabouts and activities of sex offenders who reside throughout Maine.?

Additionally, the Superior Court rejected Plaintiffs? request for over $600,000 in attorney?s fees. The court correctly reasoned that the Plaintiffs had not prevailed and therefore were not entitled to an award of these fees.

?This important decision upholds the Legislature?s efforts to reduce incidents of sexual exploitation, violence and abuse in Maine. The sex offender registration and notification provisions of SORNA are a necessary mechanism to inform and protect the public,? said Attorney General Schneider.

CONTACT: Brenda Kielty 626-8577

Attorney General Schneider, 45 Attorneys General Seek Answers From Backpage.com on How Online Advertiser Prevents Facilitation of Human Trafficking and Child Exploitation

September 1, 2011

AG Letter Cites More Than 50 Cases Involving Trafficking or Attempted Trafficking Of Minors Through Backpage.com

AUGUSTA ? Attorney General William Schneider and 45 other state attorneys general today called for information about how Backpage.com intends to remove advertising for sex trafficking, especially advertisements that could involve minors.

In a letter to the online classified site?s lawyers, the attorneys general say that Backpage.com claims it has strict policies to prevent illegal activity and yet the chief legal officers of numerous states have found hundreds of ads on Backpage.com?s regional sites that clearly involve illegal services.

The letter says the website for illegal sex ads is a hub for those seeking to exploit minors and points to more than 50 cases, in 22 states over three years, involving the trafficking or attempted trafficking of minors through Backpage.com. ?These are only the stories that made it into the news; many more instances likely exist,? the attorneys general wrote.

In many cases involving human trafficking on Backpage.com, law enforcement has found that minors are, in fact, often coerced. In May, a Dorchester, Massachusetts man was charged with allegedly forcing a 15-year-old girl into a Quincy motel to have sex with various men for $100 to $150 an hour. To find customers, the man allegedly posted a photo of the girl on Backpage.com. Prosecutors in Benton County, Wash., are handling a case in which teen girls say they were threatened and extorted by two adults who marketed them on Backpage.com. One of the adults rented a hotel room and forced the girls to have sex with men who answered the online ads. Backpage.com charges $1 and up for such ads.

?Children are being forced into prostitution and those traffickers are being given a tool to make this deplorable crime even easier.? said Attorney General Schneider. ?We urge Backpage.com to stop child sex trafficking on the site by completely removing all adult service advertisements.?

Backpage.com, owned by Village Voice Media, LLC, is a top provider of ?adult services? advertisements. The multimedia company, which owns 13 weekly newspapers in the United States, admits its involvement in advertising illegal services. In a meeting with staff at the Washington State Attorney General?s Office, Village Voice board member Don Moon readily acknowledged prostitution ads appear on the Web site. And in a June 29 article published nationally by the Village Voice, the corporation criticized those concerned about child sex trafficking as ?prohibitionists bent on ending the world?s oldest profession,? acknowledging that, as a seller of adults services ads, ?Village Voice has a stake in this story.?

Industry analysts suggest that Village Voice?s stake in adult services advertisements is worth about $22.7 million in annual revenue.

Many state attorneys general believe that Backpage.com is attempting to minimize the impact of child sex trafficking because they fear it will turn attention to the company?s robust prostitution advertising business. While Backpage.com has ramped up its effort to screen some ads for minors, the attorneys general involved in today?s letter believe that ?Backpage.com sets a minimal bar for content review in an effort to temper public condemnation, while ensuring that the revenue spigot provided by prostitution advertising remains intact.?

The letter from state attorneys general makes a series of requests to Backpage.com, asking that the company willingly provide information in lieu of a subpoena. For example, in order to substantiate the claim that the company enforces policies to prevent illegal activity, the attorneys general ask that Backpage.com describe in detail its understanding of what precisely constitutes ?illegal activity,? and whether advertisements for prostitution fall into that category. The attorneys general also ask, among other requests, how many advertisements in its adult section and subsections have been submitted since Sept. 1, 2010, how many of those advertisements were individually screened, how many were rejected and how many were removed after being discovered to be for illegal services.

In 2008, 42 attorneys general reached an agreement with Craigslist to crack down on illegal listings in an effort to reduce prostitution and trafficking of men, women and children. Craigslist removed its ?erotic services? section in May 2009 and shut down its adult services section in September 2010. That same month 21 attorneys general wrote Backpage.com to request that the adult services section be closed.

CONTACT: Brenda Kielty (207) 626-8577

Supporting documents

NAAG Backpage.com Sign-on Letter

Portage Lake Woman Pleads Guilty To Theft of Hunting and Fishing License Fees

September 12, 2011

AUGUSTA ? Attorney General William J. Schneider announced today that a sales agent of hunting and fishing licenses for the Department of Inland Fisheries and Wildlife will serve 30 days in jail for misappropriating license fees that were supposed to be turned over to IF&W.

Lynn C. Taylor, 64, of Portage Lake, pleaded guilty to theft on September 9, 2011 in Kennebec County Superior Court. Under a plea agreement, she will be required to repay over $16,000 in fees within six months of her plea. If she fails to make the restitution, she faces a sentence of up to five years in prison.

Taylor, owner of Coffin?s General Store in Portage Lake, signed an agreement in 2006 to become a license and registration agent with IF&W. The contract provided that money collected from the sale of licenses, permits and registrations belonged to the state of Maine and would not be used by the agent for business or personal purposes.

From November 1, 2007 through March 31, 2008 Taylor failed to turn over $16,752 in fees.

?We entrust certain individuals to act as sales agents to sell hunting, fishing and other licenses on behalf of IF&W to the general public,? said Attorney General Schneider. ?The fees collected for those licenses are necessary for the enforcement of fish and game laws and the protection of Maine?s wildlife resources. License fees do not belong to the licensing agent, but to the state, and failure to turn over the fees amounts to theft.?

License and permit applications are available online, at the main IF&W office in Augusta or at more than 840 licensing partners throughout Maine. For more information contact the Maine Department of Inland Fisheries & Wildlife:

284 State Street 41 State House Station Augusta, ME 04333-0041

TELEPHONE: (207) 287-8000 FAX: (207) 287-6395

WEBSITES: http://www.maine.gov/ifw

This case was investigated by the Maine Warden Service Investigation Unit. Assistant Attorney General Leanne Robbin handled this matter for Attorney General Schneider?s Financial Crimes and Civil Rights Division.

#

National Health Care Company Settles Fraud Allegations

September 14, 2011

AUGUSTA ? Attorney General William J. Schneider announced today that Maine reached an agreement with Maxim Healthcare Services, Inc. (Maxim) to resolve allegations that it defrauded the Medicaid and Veterans Affairs health care benefits programs. The settlement will return $71,994 state only funds to the MaineCare program.

Maxim, one of the nation?s largest health care staffing agencies, has over 300 offices in more than 40 states, including Maine. The company provides in-home nursing and health aide services to patients with disabilities.

The settlement is the culmination of a more than five-year investigation by state and federal authorities into allegations that Maxim: (1) submitted false claims to government health care benefits programs for services to patients that were not provided; (2) submitted government health care benefits program claims that were improperly documented, and therefore not reimbursable; and (3) operated health care staffing offices that were not licensed under applicable state laws and regulations.

?Companies like Maxim must prevent fraud and abuse by implementing effective compliance programs and internal controls,? Attorney General Schneider said. ?Overbilling schemes use patients as pawns, causing real harm and ultimately costing all of us.?

The Maxim investigation was initiated following a complaint by a Medicaid patient who lived in Ocean County, New Jersey. In 2003-04, the then 55 year-old patient received home nursing services staffed by Maxim. When Medicaid informed him that the company had submitted invoices for services beyond his monthly Medicaid benefits allotment, the patient challenged the veracity of Maxim?s invoices. According to the patient?s records, during a 15-month period between 2003 and 2004, Maxim claimed more than 700 hours of services that were not provided. He initiated a qui tam lawsuit as a relator on behalf of the federal and state governments.

The multi-state investigation was spearheaded by the New Jersey Attorney General?s Office, the U.S. Attorney?s Office for the District of New Jersey, the FBI, and the departments of Justice, Health & Human Services and Veterans Affairs.

As the investigation expanded, the New Jersey Attorney General?s Office led the team of states, along with Virginia and Massachusetts, which eventually included attorneys general from 41 states. The resolution with Maxim includes a deferred criminal prosecution agreement with the U.S. Attorney?s Office; a federal civil settlement agreement with the U.S. Attorney?s Office and Civil Division of the Department of Justice on behalf of the Departments of Health & Human Services and Veterans Affairs; and a corporate integrity agreement with the Department of Health & Human Services.

The total amount of the state and federal civil settlements is $130 million, of which approximately $121.5 million is allocated to the Medicaid program, and approximately $8.5 million to the Veterans? Affairs program.

Maine was represented by Assistant Attorney General Michael Miller, Director of the Healthcare Crimes Unit.

The Healthcare Crimes Unit is the Medicaid Fraud Control Unit for the State of Maine charged with investigating and prosecuting financial fraud and other crimes committed by MaineCare providers or their employees, and investigating and prosecuting abuse, neglect or exploitation of elderly and dependent persons that occurs in health care facilities or by health care providers.

To learn more about the Office of the Attorney General Healthcare Crimes Unit, go to:

http://www.maine.gov/ag/crime/crimesweprosecute/healthcare_crimes.shtml

Attorney General Schneider and 25 Other States Ask Supreme Court To Review Health Care Lawsuit

September 28, 2011

AUGUSTA ? Attorney General William J. Schneider and 25 other states filed a petition for a writ of certiorari asking the United States Supreme Court to accept the decision of the Eleventh Circuit Court of Appeals in order to resolve far-reaching constitutional issues arising out of the Patient Protection and Affordable Care Act.

In State of Florida, et al. v. United States Health and Human Services, et al., the Eleventh Circuit agreed with the majority of states and held that the individual mandate provision of the health care overhaul law exceeds the commerce powers of Congress and is unconstitutional.

The states have asked the Supreme Court to review three other aspects of the opinion including whether the entire Act must fail because its centerpiece ? the mandate that every person purchase insurance ? is unconstitutional; whether the federal government can force the states to administer and fund a substantial expansion of Medicaid or risk all of their Medicaid funding; and whether the federal government can require states to give state employees a federally mandated level of health insurance coverage.

?This is one of several efforts to have the Supreme Court decide the obvious constitutional questions arising out of the Patient Protection and Affordable Care Act,? said Attorney General Schneider. ?The sooner that the nation?s highest court considers and resolves these issues, the more expeditiously and efficiently will the federal government and the states be able to solve the health care crisis in our country. I look forward to the Supreme Court granting our request, and determine that the Act is unconstitutional so that individual rights and state sovereignty will be properly preserved while at the same time Americans? health needs are fairly met.?

Supporting documents

Petition for Certiorari

Holden Woman Receives Jail Sentence for Stealing More than $400,000

September 30, 2011

AUGUSTA ? Attorney General William Schneider announced that Tammy Barker, age 43, of Holden, has been sentenced to three and a half years in prison for misappropriating funds from the sales of 17 mobile homes entrusted to her on consignment from 2005 through 2006. Barker, who was formerly known as Tammy Sproul, took the money in connection with her operation of Sproul?s Home Center in Holden. The State alleged that she stole over $400,000 over an 18 month period and that she used the proceeds to gamble at Hollywood Slots.

The bulk of the transactions involved mobile homes from the Brunswick Naval Air Station, the proceeds of which would have been used to improve the housing for U.S. Navy sailors. In addition to the Brunswick Naval Air Station homes, there were four transactions involving individual sellers who had entrusted Barker with their homes under consignment agreements, and lost their homes and the money due to them from the sale of the homes due to Barker?s conduct. The Court ordered Barker to pay restitution to those individuals in the amount of $81,126.

Justice Ann Murray sentenced Barker to eight years all but three and a half years suspended. In imposing sentence, the Court took into account the fact that Barker had two prior felony theft convictions from 1991 and 1992, as well as the impact of her crime on the victims. Barker had not served jail time in the past, having previously been sentenced to 18 months of home confinement for the prior thefts.

?Jail time has an important deterrent effect in cases of financial fraud, which typically involve forethought and planning,? said Attorney General Schneider. ?In this case, home confinement had not been sufficient to deter Barker from stealing from others. A serious jail sentence was warranted to deter not only Barker, but others who might be tempted to misappropriate funds in consumer transactions and consignment sales.?

Barker received a stay until November 15, 2011 to address some medical issues.

The Office of the Attorney General and the Holden Police Department investigated this case.

CONTACT:
Leann Robbin, AAG (207) 626-8581

Presque Isle Man Sentenced for Failure to Pay Maine Income Taxes

October 3, 2011

AUGUSTA ? Attorney General William J. Schneider announced that Alan Harding, 58, of Presque Isle was convicted following his no contest plea on all counts in a 12 count complaint charging Failure to Make and File Maine Income Tax Returns and Failure to Pay Maine Income Tax for tax years 2004 through 2009.

Justice Donald Marden sentenced Harding, an attorney, to 120 days, with all but ten days suspended, and one year of administrative release, in Superior Court in Augusta. Harding had paid the restitution of back taxes and interest in the amount of $119,412 earlier this year, approximately five months after being criminally charged.

Harding had been subject to numerous administrative efforts by Maine Revenue Services to obtain his compliance with the tax laws. He failed to file his Maine Income Tax Returns for 2001 and 2003, years that were not included in the charges because they were beyond the criminal statute of limitations. In addition, before being considered for criminal prosecution, the civil enforcement division of MRS had served Harding with six notices in an effort to get him to file his returns and pay his taxes. Harding failed to respond to any of these notices. Harding also failed to file and pay his federal taxes for most of the same years, only recently paying approximately $360,000 to the federal government for federal taxes owed.

For the years Harding could be criminally charged, 2004 through 2009, Harding earned between approximately $150,000 to $225,000 per year, owned two homes, and multiple vehicles, and managed a lucrative private law practice.

?All Maine taxpayers bear the responsibility for paying their fair share under state tax laws,? said Attorney General Schneider. ?We are in difficult economic times and many people are struggling simply to pay their bills. No one is above the law, especially attorneys practicing before our state courts.?

This case was investigated by the Maine Revenue Services? Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled this matter for Attorney General Schneider?s Financial Crimes and Civil Rights Division.

Home Heating Costs Expected To Remain High This Winter, Attorney General Schneider Offers Advice To Consumers

October 27, 2011

AUGUSTA ? With federal officials expecting record breaking oil prices this year, Attorney General William J. Schneider urges consumers to educate and protect themselves.

Starting every October, the United States Energy Information Administration (EIA) provides pricing information through the State Heating Oil and Propane Program, a weekly joint data collection effort between EIA and states in the Northeast and Midwest for the winter season.

EIA projects average household heating expenditures for natural gas, propane and heating oil will increase by 3 percent, 7 percent and 8 percent, respectively, this winter compared with last winter. According to EIA, northeast region monthly oil bills could rise by about $200, with average households paying nearly $2,500 through March.

?Fuel costs for individual households are highly dependent on weather conditions, market size, the size and energy efficiency of homes and their heating equipment, and thermostat settings,? said Schneider. ?There are steps that Maine consumers can take to manage the cost of keeping warm this winter.?

Attorney General Schneider offers the following advice to consumers:

FIND THE BEST PRICE

  • Contact several fuel oil suppliers in your area to compare options.
  • Ask about any surcharges that may be added to a weekend delivery, emergency delivery or inclement weather delivery.
  • Do your homework on fuel oil suppliers before making any agreement. Dealers are required to maintain security to ensure delivery of fuel sold to consumers under prepaid contracts. The dealers are also required to let consumers know the method by which they secure the delivery of prepaid fuel.
  • If your dealer has had trouble making timely deliveries in prior heating seasons or has been unable to keep up with automatic fill requirements, you should be wary of paying in advance of deliveries.

CONTRACT OPTIONS

  • There are typically two types of contracts available to home heating oil consumers: a ?fixed price contract? and a ?capped price contract.?
  • With a fixed price, the consumer locks into a set price, agreeing to pay a certain price per gallon for the entire season, even if the cost goes up or down. This may include pre-purchase programs to pay for heating oil up front.
  • With a capped price contract, the oil company puts a maximum price or ?cap? on the cost of oil during the season. If the cost goes down, consumers may pay less.
  • Read all contracts closely. If you are shopping for a contract, consider which type of contract is best for you. Contracts may include added fees.
  • Compare oil suppliers, costs and contracts before committing to a contract.
  • Learn your rights and obligations under your oil agreement.

CONSERVATION TIPS

  • Maintain your heating system. Have it checked by a professional at least once a year and change the filters regularly.
  • Set the thermostat to 65 degrees during the day and 55 degrees during sleeping hours or when the house is unoccupied.
  • Replace old thermostats with programmable thermostats.
  • Do not block registers and hot water radiators.
  • Install storm doors and windows.
  • Have adequate insulation throughout the house, especially in the attic and around your water heater. Seal cracks around windows and doors.

KNOW YOUR RIGHTS

  • From October 15 through April 30, an oil dealer cannot refuse to deliver to a consumer even if the consumer owes the dealer money as long as the consumer has cash or government guaranteed payment for the oil being requested; the dealer regularly serves the consumer?s area; and the consumer requests at least 20 gallons.

PAYMENT OPTIONS

  • If you have trouble paying for heating fuel, call 211 for a list of resources in your area.

For more home heating information, go to http://www.maine.gov/tools/whatsnew/attach.php?id=27939&an=1

To report unfair and deceptive conduct by a home heating company, contact the Attorney General?s Consumer Protection Division at (207) 626-8849.

Old Orchard Beach Man Convicted For Stealing Sales Tax

October 27, 2011

AUGUSTA ? Attorney General William J. Schneider announced that Dennis Caris, 54, of Old Orchard Beach was convicted on all counts in a four count indictment charging him with felony Theft by Misapplication of Sales Tax, along with Failure to Truthfully Collect, Account, and Pay Over Sales Tax, all occurring from January 2007 to October 2009.

York County Superior Court Justice William Brodrick sentenced Caris to two years in jail, with all but four months suspended and three years of probation. Caris was ordered to pay $35,860 in tax and interest, which represents the sales tax money Caris stole, along with sales tax money that Caris had collected this past summer, but also failed to pay over.

Caris ran The Caris Landings by the Sea, a family owned motel and inn in Old Orchard Beach. Caris failed to respond to numerous administrative efforts by Maine Revenue Services to pay over the tax money he was collecting from customers.

Caris was convicted in 1991 of felony bad check writing.

?Individuals who run businesses are entrusted with the collection of state taxes to be paid over to the state,? said Attorney General Schneider. ?We will continue to work with Maine Revenue Services to pursue and prosecute anyone who steals tax money.?

This case was investigated by the Maine Revenue Services? Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled this matter for Attorney General Schneider?s Financial Crimes and Civil Rights Division.

Attorney General Schneider Joins National Highway Traffic Safety Administration, the State Attorneys General and Ad Council to Unveil New Public Service Advertising Campaign to Urge Young Adult Drivers to ?Stop the Texts? and ?Stop the Wrecks?

October 31, 2011

New National Survey Shows Eighty-Two Percent of Young Adults Say They Have Read a Standard Text Message While Driving

AUGUSTA ? In an effort to educate young drivers about the dangers of texting while driving, Attorney General William J. Schneider announces that the State Attorneys General and Consumer Protection agencies, the National Highway Traffic Safety Administration (NHTSA), and the Ad Council are launching a new public service advertising campaign (PSA) nationwide.

NHTSA reports that distracted driving is the number one killer of American teens. Sixteen percent of all drivers younger than twenty involved in fatal crashes were reported to have been distracted while driving. The Virginia Tech Transportation Institute (VTTI) reports that a texting driver is twenty-three times more likely to get into a crash than a non-texting driver.

Maine banned texting and driving in September 2011.

?Texting and driving is a dangerous combination,? said Attorney General Schneider. ?That information needs to be conveyed clearly, especially to our youngest drivers.?

?Distracted driving is dangerous, and tragically, teen drivers are the most at risk of being involved in a fatal distracted driving crash," said U.S. Transportation Secretary Ray LaHood. "We hope our new ad campaign will send a strong message to teens that putting away cell phones and other distractions while you're driving is not just commonsense safe behavior, it can save your life.?

?Every second matters when you?re behind the wheel,? said Attorney General Rob McKenna, 2012 President of the National Association of Attorneys General. ?The nation?s attorneys general join the Ad Council, consumer protection agencies and NHTSA in reminding young drivers to stop texts and stop wrecks. No text, Tweet or Facebook update is worth your life.?

The new television, radio, outdoor and digital PSAs communicate to teens and adults that when you text and drive, you are not multitasking, but essentially driving blind. By taking your eyes off the road, even for a few seconds, you are making the road less safe for you, your passengers and other drivers. All of the PSAs direct audiences to http://www.stoptextsstopwrecks.org/#home, a new campaign website where teens and young adults can find facts about the impact of texting while driving and tips for how to curb the behavior.

?For over twenty-five years we have been working with NHTSA to successfully address drunk driving prevention. The term ?designated driver? is now a part of the American vocabulary, but even more importantly sixty-seven percent of all adults have tried to stop someone from drinking and driving,? said Peggy Conlon, president and CEO of the Ad Council. ?Research has shown that using a cell phone delays a driver?s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent. Through our Texting and Driving Prevention campaign we are working towards eradicating the mindset among young adults that texting and driving is a safe activity.?

The Ad Council?s national survey also found that seventy-five percent of young adult drivers have sent a standard text message while driving; forty-nine percent have done it multiple times. Half of respondents say that during the past month, they have been a passenger when a friend was texting while driving.

A social media program will help drive the point home on social networking sites and blogs nationwide. Non-profit partners such as NOYS (National Organizations for Youth Safety) and SADD (Students Against Destructive Decisions) will help spread the message by reaching out to their members across the country.

Since 2006, the Ad Council has partnered with the State Attorneys General to address reckless driving among teens. To date the campaign has received more than $88.7 million in donated media support. For more than twenty-five years, the Ad Council and NHTSA have worked together on consumer safety PSA campaigns. For more information visit http://www.adcouncil.org/

For more than four decades, the NHTSA has served as the key federal agency charged with improving safety on our nation?s roadways. As part of the U.S. Department of Transportation, NHTSA is working to reduce traffic-related deaths and injuries by promoting the use of safety belts and child safety seats; helping states and local communities address the threat of drunk drivers; regulating safety standards and investigating safety defects in motor vehicles; establishing and enforcing fuel economy standards; conducting research on driver behavior and traffic safety; and providing consumer information on issues ranging from child passenger safety to impaired driving. For more information visit http://www.nhtsa.gov/

Former Kittery Point Man Sentenced for Bottle Redemption Fraud

November 1, 2011

AUGUSTA ? Attorney General William J. Schneider announced that a former Kittery redemption center owner was sentenced to 21 months in jail, all but 21 days suspended, and two years of probation for his role in a large-scale bottle redemption fraud scheme.

Thomas Woodard, 50, formerly of Kittery Point, was sentenced on October 28, 2011 in York County Superior Court and ordered to pay $10,000 in restitution. This past August, a York County jury found Woodard guilty of theft by deception for obtaining over $10,000 in deposit refunds and handling fees from Maine beverage distributors for beverage containers that he knew were not eligible for redemption in Maine.

Woodard managed Green Bee Redemption Center, a licensed bottle redemption center in Kittery, from 2008 through June 2011.

?Green Bee Redemption became an outlet for out of state interests that wanted to illegally cash in through the redemption of their containers here in Maine,? said Attorney General Schneider. ?Woodard?s crime increased the costs to both Maine consumers and Maine-based distributors, businesses that in turn provide jobs to Maine residents.?

Under Maine?s Bottle Bill, all beverage distributors charge a deposit of five cents for most soda, sports drink and bottled water containers sold in Maine. When the empty beverage containers are returned, the distributors refund the consumer the five cents originally paid as a deposit.

In addition to refunding the deposit, the distributors are required by the Bottle Bill to pay an additional handling fee to the redemption center. At the time of Woodard?s crime, the handling fee was three to three and one half cents per container. The distributors have no obligation to pay a deposit refund or handling fee for the redemption of any beverage container purchased outside of Maine.

New Hampshire has no bottle bill and no deposit is charged for any container sold in that State. The Massachusetts? bottle bill does not require a deposit for containers of water, juices, ice tea and sports drinks.

The evidence at trial showed that Woodard knowingly redeemed hundreds of thousands of containers brought in from New Hampshire and Massachusetts to Green Bee Redemption, receiving eight to eight and one half cents per container. He facilitated the establishment of satellite redemption operations in Massachusetts and New Hampshire. He then arranged for the after-hours delivery of truckloads of out of state bottles and redeemed them through Green Bee Redemption.

Since no deposit had been paid on the containers, the distributors were paying Woodard a refund of five cents that had never been paid to them as a deposit, along with the three to three and one half cents handling fee.

Woodard remains out on bail pending appeal to the Maine Supreme Judicial Court.

The case was prosecuted by Assistant Attorney General Leanne Robbin, Chief of Attorney General Schneider?s Financial Crimes Division and was investigated by the Attorney General?s Investigations Division, the Maine Department of Agriculture and the Kittery Police Department.

$1.3 Million in Sales and Fuel Taxes Diverted By Former Bath Fuel Company President To Be Recovered

November 9, 2011

AUGUSTA ? Attorney General William J. Schneider announced that the state will recover $1.3 million in sales, gasoline and special fuel taxes that were diverted by Philip Sewall, former president of M.W. Sewall & Co.

Philip Sewall was found guilty today in West Bath District Court on three counts of failure to pay the taxes collected and fined $2,000 on each count. The Court ordered Sewall to pay $50,000 within 12 months in addition to the $225,000 he has already paid to Maine Revenue Services.

M.W. Sewall & Co. was a family owned company based in Bath that operated a heating oil delivery business and 11 service stations and convenience stores in the Midcoast region. Philip Sewall failed to pay Maine Revenue Services the money collected as sales and fuel taxes from January 2009 through March 2009, instead using the funds to pay his own compensation and other business expenses.

The company filed for bankruptcy protection on March 27, 2009 and its assets are in the process of being sold. As part of a global settlement, the state will continue working with the bankruptcy trustee for M.W. Sewall & Co. to collect the remaining $1.06 million from the sale of company assets.

Philip Sewall was removed from M.W. Sewall & Co. and the companies that have emerged from bankruptcy are under new ownership.

?The agreement reached requires Philip Sewall to personally pay out a large amount of money to cover the unpaid taxes owed by the company and other assets are available to repay the state through the bankruptcy. The remaining companies of M.W. Sewall are under new leadership and can move forward. This is a good outcome for the citizens of Maine,? said Attorney General Schneider.

This case was investigated by the Maine Revenue Services? Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled this matter for Attorney General Schneider?s Criminal Division.

CONTACT: Brenda Kielty, (207) 626-8577

Attorney General Schneider Warns Consumers of Credit Card Interest Rate Reduction Scams

November 8, 2011

AUGUSTA ? Attorney General William J. Schneider is warning consumers about reports of pre-recorded phone calls from companies claiming to be able to help lower the interest rate on your credit card.

?There are reports from Maine consumers who have received the automated phone calls asking individuals to enter their debit or credit card number,? said Attorney General Schneider. ?Never provide any personal banking information based on an automated phone call. If you get one of these robo-calls, immediately hang up and contact our consumer hotline.?

A typical call will come from ?card services?, ?card holder services? or ?credit card services? and regards lowering your interest rates. The recording instructs the individual to press 1 for more information. The caller then requests your credit card number, social security number or other personal information.

Attorney General Schneider advices consumers to protect themselves by following these guidelines:

  1. Don?t give out your credit card information. Once a scammer has your data, they can charge your credit card for their own purchases or sell the information to other scammers.
  2. Don?t share other personal financial or sensitive information like your bank account or social security numbers. Scam artists often ask for this information during an unsolicited sales pitch and then use it to commit other frauds against you.
  3. Be skeptical of any unsolicited sales calls that are prerecorded, especially if your phone number is on the National Do Not Call Registry.
  4. To report violations of the National Do Not Call Registry or to register your phone number, visit www.maine.gov/ag/consumer/identity_theft/do_not_call.shtml

If you think you have experienced a credit card interest rate reduction scam, call the Attorney General?s Consumer Protection Hotline at (207) 626-8849.

Attorney General Statement Regarding Officer Involved Shooting in Rumford

November 10, 2011

AUGUSTA ? Attorney General William J. Schneider issued the following statement today:

?The Maine Attorney General?s Office is investigating the deadly shooting of Eric Richard, 46, an administrative officer with the Rumford Police Department.

The shooting occurred after 10:00 a.m. this morning in the woods of Rumford. The Maine Warden Service and State Police troopers Kyle Tilsley and Adam Fillebrown, with his tracking dog, were searching for Mr. Richard in the woods. An armed confrontation occurred between Mr. Richard and Warden Jeremy Judd, 34, from the Gray District. The State Police troopers were not involved in the shooting.

Mr. Richard died as a result of a gunshot wound. The manner of death has not yet been determined by the Medical Examiner?s Office.

Several law enforcement agencies are assisting with the investigation, including State Police, the Maine Warden Service, Rumford Police and deputies from the Oxford County Sheriff?s Office. State Police have sent a team of detective and evidence technicians to assist in the investigation, and Colonel Robert Williams, Chief of the State Police, went to the scene and has met with Rumford Police.?

Office of the Chief Medical Examiner Report on Officer Involved Shooting in Rumford

November 11, 2011

AUGUSTA ? Attorney General William J. Schneider issued the following statement today:

?The Maine Office of the Chief Medical Examiner has determined that Eric Richard, 46, of Rumford, died yesterday morning as a result of three gunshot wounds. The three shots were fired by Warden Jeremy Judd during an encounter in a wooded area of Rumford with Mr. Richard, who was armed. The Maine Warden Service and State Police troopers with a tracking dog were assisting the Rumford Police Department in searching for Mr. Richard, who was reported as despondent.?

Attorney General Schneider Issues Statement on U.S. Supreme Court Decision to Hear Federal Health Care Challenge

November 14, 2011

AUGUSTA ? Attorney General William J. Schneider issued the following statement today regarding the U.S. Supreme Court?s decision to grant certiorari and hear challenges to the Patient Protection and Affordable Care Act:

?I am pleased and encouraged that the Supreme Court today announced it will hear challenges to the health care law. The Court granted writs of certiorari in three cases, including the one in which Maine is a party. The Court allotted five and one-half hours of argument time to cover four separate issues. We look forward to defending our position that the individual mandate is unconstitutional, that forcing the states to substantially expand their Medicaid programs or risk losing all of their Medicaid funding is unconstitutionally coercive, that the Anti-Injunction Act does not apply, and that the entire law fails if one part fails.

?We anticipate that by June 2012 we will have a Supreme Court decision that preserves individual rights and state sovereignty. The sooner we can have these issues decided, the better it will be for Maine and the entire country.?

Report of the Attorney General on the Use of Deadly Force

November 18, 2011

In the early morning hours of April 10, 2011, Jonathan Mitchell, 29, of Veazie, was shot and seriously wounded by Portland police officer Robert Miller during a confrontation following a vehicle chase in Portland.

While working a night shift that started the late evening of April 9, 2011, Officer Robert Miller was in uniform and operating a marked Portland Police cruiser. At about 4:45 a.m. on April 10, Officer Miller overheard a call dispatched to other Portland units concerning a burglary in progress on Allen Avenue in Portland. From the dispatch, Officer Miller knew that the person who had called the police was a woman, that a man who was her former husband or domestic partner and prohibited by court order from having contact with her allegedly broke into her apartment, and then fled the home. The woman called 911 when the intruder refused to leave her apartment. Officer Miller also knew from the dispatch that the suspect was driving a black Volkswagen Jetta described as having numerous bumper stickers covering the rear of the vehicle. He also learned that the vehicle was possibly headed toward Washington Avenue.

Officer Miller was parked on Forest Avenue in Portland when he monitored the dispatch. He drove his cruiser along Washington Avenue while watching for the suspect vehicle. The traffic on Washington Avenue at that early hour of the morning was light. Near the intersection of Ocean Avenue, Officer Miller observed a black Volkswagen Jetta, which passed him going in the opposite direction. He immediately recognized the vehicle and believed it was the suspect?s vehicle because it matched the description of the vehicle in the earlier dispatch.

Officer Miller reversed direction on Washington Avenue. The operator of the Volkswagen Jetta apparently saw him reverse direction and in response turned left onto East Kidder Street. Officer Miller was within ten feet of the Volkswagen Jetta when he notified Dispatch by radio of the suspect?s vehicle plate number and that he was following the vehicle. At this point the speed of the Volkswagen Jetta was about 25 miles per hour. The Volkswagen turned right onto Sherwood Street. Officer Miller learned from Dispatch that the suspected operator, Jonathan Mitchell, was a habitual offender and was believed to be possibly under the influence.

When the suspect vehicle turned left onto Inverness Street, Officer Miller activated the blue lights on his cruiser to initiate a vehicle stop. When the vehicle failed to stop, Officer Miller activated the cruiser?s siren. The speed of the Volkswagen Jetta was 20 to 25 miles per hour. The vehicle turned right onto Berkshire Street, then right onto Presumpscot Street, left back onto Sherwood Street, and then rapidly accelerated. The Volkswagen Jetta quickly moved far ahead of Officer Miller and was traveling at over 60 miles per hour. The area of travel was densely populated with vehicles parked on both sides of the street, and some sections of the roadway so narrow that there was only room for one lane of travel at a time.

At the intersection of Sherwood and Veranda Street, the suspect vehicle ran a stop sign at a high rate of speed, and then turned sharply left onto Veranda Street. Officer Miller was still in pursuit, and the speed of the Volkswagen was now over 70 miles per hour. At about the same time that a police supervisor instructed that the chase be terminated, the Volkswagen Jetta turned onto Fairfield Street, a dead end street. As Officer Miller approached the end of the street, he observed the suspect vehicle partially on the lawn of a residence next to a guardrail marking the end of the street. Officer Miller positioned his cruiser about 10 feet from the Volkswagen Jetta, facing the driver?s door at an angle. The cruiser?s lights and siren remained operational.

Officer Miller quickly approached the vehicle on foot shouting for the driver to get out of the car. The Volkswagen backed into the street in such a fashion that it was perpendicular to Officer Miller?s cruiser, and in a position to drive back toward Veranda Street. Officer Miller opened the driver?s door of the Volkswagen, and repeatedly commanded the driver, Jonathan Mitchell, to turn the engine off and to get out of the car. In the meantime, Officer David Schertz arrived in another cruiser at the location and quickly approached the Volkswagen. As Mitchell drove forward several feet, Officer Miller and Officer Schertz stayed in motion with the vehicle, Miller at the open door and Schertz nearer the outer side of the open door. Officer Miller continued to issue commands. Officer Miller?s multiple commands to Mr. Mitchell to turn the engine off and to get out of the vehicle went unheeded. Officer Schertz was near the middle of the dead end street and Officer Miller closer to the right side of the dead end street. The immediate area was confined ? a dead end street, a private vehicle parked to the right of Officer Miller?s position, his cruiser in the middle of the street, and Officer Schertz?s cruiser behind Miller?s cruiser. Officer Miller continued to issue commands to shut off the engine and to get out of the car. When Officer Miller reached into the vehicle in an attempt to grab Mr. Mitchell, Mitchell swatted his hand away. The Volkswagen then rolled backwards three to four feet and when it stopped moving, Officer Miller again tried to grab Mr. Mitchell through the fully opened driver?s side door. The attempt failed and Officer Miller tried again.

At this point, Officer Miller was between the open door and the vehicle; Officer Schertz was immediately to his left, also generally between the open door and the vehicle but with Officer Miller between him and the vehicle. Officer Miller succeeded at grabbing and hanging onto Mr. Mitchell?s outer clothing and, in response, Mr. Mitchell abruptly accelerated the Volkswagen in a forward direction. The sudden acceleration was so powerful that the rear of the Volkswagen fishtailed to the left and the tires spun on the pavement. This sudden movement of the vehicle resulted in both officers having to move quickly away from the vehicle, although the rapid and forceful forward motion of the vehicle initially caught Officer Miller off guard and pulled him with the vehicle while Officer Schertz attempted to remove himself from the path of the open driver?s door by quickly moving to the outer side. Officer Miller released his hold on Mr. Mitchell and fired two shots at Mr. Mitchell. The Volkswagen continued to accelerate and sped off. Neither officer was aware at that time that Mr. Mitchell had been struck by gunfire.

About 25 seconds elapsed from the time that Officer Miller got out of his cruiser on Fairfield Street to the point when he fired the two shots at Mr. Mitchell.

Attempts to locate the vehicle or Mr. Mitchell proved fruitless until about an hour-and-a-half later when the Volkswagen Jetta was found in Portland. The vehicle was outside the apartment of the owner of the vehicle, a female friend of Mr. Mitchell?s. There were two bullet holes in the rear driver?s side window of the Volkswagen Jetta. Mr. Mitchell was found in the friend?s apartment holding a towel to his neck. Mr. Mitchell had in fact been shot. The friend told police that she had allowed Mr. Mitchell to stay at her apartment off and on, but he was not there the evening before she went to bed nor did she know that he had taken her vehicle during the night. She told police that she was awakened very early in the morning by Mr. Mitchell, who asked her to come into the bathroom. She stated that she went into the bathroom and found Mr. Mitchell covered with blood. She told the police that Mr. Mitchell told her he had been shot by the police, but he did not remember anything else. Mr. Mitchell refused the woman?s pleas to go to a hospital, but was taken to the hospital after the police arrived. The investigation disclosed that Mr. Mitchell was shot twice, once in the neck and once in the upper back. He survived the wounds.

Analysis and Conclusion

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others or the need to arrest or stop a dangerous person from escaping, as defined by law, is reasonably generated by the facts so as to preclude criminal prosecution. The review does not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for an individual, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the individual must reasonably believe that deadly force is imminently threatened against the individual or against someone else, and, second, the individual must reasonably believe that deadly force is necessary to counter that imminent threat.

In addition, under certain limited circumstances, a law enforcement officer is justified in using deadly force to make an arrest or prevent an escape. Specifically, a law enforcement officer is justified in using deadly force when the officer reasonably believes that the person has committed a crime involving the use or threatened use of deadly force, or otherwise indicates that the person is likely to seriously endanger human life, or to inflict serious bodily injury unless apprehended without delay. When using deadly force to make an arrest or prevent an escape, the officer must first make reasonable efforts to advise the person that the officer is a law enforcement officer, and the officer must have reasonable grounds to believe that the person is aware of this advice.

Whether a use of force is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time shots were fired at Mr. Mitchell by Officer Miller, it was reasonable for Officer Miller to believe that deadly force was imminently threatened against him and Officer Schertz, and it was reasonable for Officer Miller to believe that it was necessary for him to use deadly force to protect himself and Officer Schertz from the imminent threat of deadly force posed against them by Mr. Mitchell?s actions. Moreover, Attorney General Schneider determined that Officer Miller reasonably believed that Mr. Mitchell had committed a crime involving the use or threatened use of deadly force, was likely to seriously endanger human life unless apprehended without delay, and that Mr. Mitchell knew that Miller and Schertz were law enforcement officers attempting to place him under arrest. The Attorney General?s conclusions are based on an extensive scene investigation, interviews with numerous individuals, and review of all evidence made available from any source.

Dietary Supplements Companies Settle Unfair Trade Practices Claims

November 21, 2011

AUGUSTA ? Attorney General William J. Schneider announced today that the State reached an agreement with Maine acai supplement LLCs Grapevine, Great Berry, Vitality, and 3V Marketing and their managers Ryan E. Dall and Eric R. Crouse (Grapevine) to settle allegations of unfair trade practices.

A complaint and consent decree were filed in Kennebec County Superior Court on November 16, 2011, resolving claims that Grapevine violated the Maine Unfair Trade Practices Act with internet marketing sales using ?free? or ?risk free? offers that were misleading and deceptive.

The complaint alleges that in 2009, Grapevine marketed and sold the dietary supplements Certified Acai and Acai Advanced to consumers using the ?free? or ?risk free? trial offers. The supplements purportedly contained 750 to 900 milligrams of a proprietary blend of ingredients, including acai berry extract. According to packaging materials and internet advertising, use of the Acai Advanced and Certified Acai products would result in rapid and substantial weight loss. The acai berry was represented as the ?#1 Super Food? that provides many health benefits including supporting the immune system, improving digestion, reducing pain and soreness, promoting healthy sleep, increasing energy, stamina and libido, fighting cancer and disease, lowering blood pressure and fighting aging and inflammation.

According to the ?free? or ?risk free? promotion, consumers could try the product for 15 days and if not completely satisfied receive a ?30-day money back guarantee.? The consumer would pay only a nominal charge for shipping and handling.

By requesting the ?free? or ?risk free? trial, consumers were actually enrolled in a recurring ?Healthy Lifestyles Program? with automatic monthly shipments of the product. Many consumers complained about discovering unauthorized charges on their credit card accounts for the additional monthly shipment charges, typically $64.95 plus $9.95 shipping and handling per month. By that time, consumers had often been charged the full price for the ?free? or ?risk free? trial shipment as well as for the second shipment plus a shipping and handling fee.

In many instances, requests for refunds were refused even if consumers returned or offered to return the unopened product.

As part of the ?free? or ?risk free? offer, consumers were automatically signed up for a trial membership in the ?Live Lean for Life? weight loss management plan as a ?free gift.? Numerous consumers did not expect to be charged for an additional product that they did not order, and many were unaware that they had to take affirmative steps to cancel the trial membership to avoid being charged an additional $24.95 each month.

?Even sophisticated consumers can be caught by deceptive advertising,? said Attorney General Schneider. ?Merchants are required by the Unfair Trade Practices Act to be truthful in claims about their products. This settlement will contribute to ensuring fairness in the marketplace in Maine.?

According to the consent judgment, Grapevine agreed to a permanent injunction that prohibits them from making any weight loss or health claim in connection with the marketing or sale of any product without having competent and objective scientific evidence to substantiate the claim at the time that it is made. Other provisions of the injunction include restrictions on the future marketing and sale of any product or service through the use of a free or risk free trial offer. In addition, Grapevine will pay $5,000 for the costs of investigation related to the resolution of these claims.

This case was prosecuted by Assistant Attorney General Carolyn Silsby of Attorney General Schneider?s Consumer Protection Division.

Brunswick Woman Convicted For Stealing $60,000 in Food Stamps and Child Care Reimbursement Benefits

December 2, 2011

AUGUSTA ? Attorney General William J. Schneider announced that Sarah E. Fairbanks, 40, of Brunswick, was convicted after a two day jury trial in Cumberland County Superior Court on November 30, 2012 on all counts in a three count indictment charging her with Theft by Deception and Unsworn Falsification.

Fairbanks was convicted of stealing almost $60,000 in benefits from the Supplemental Nutrition Assistance Program (Food Stamps) and Child Care Development Fund Voucher Program (CCDF) from January 2005 through May 2010.

Fairbanks falsely reported to the Maine Department of Health and Human Services that she was separated from her husband and living alone with her children and repeated this claim in written applications in order to qualify for and keep her benefits. In fact, Fairbanks was living with and receiving support from her husband. The income she reported was at least 70% lower than her actual household income.

?These programs are targeted to provide benefits for Maine families truly in need. We will continue to partner with DHHS to hold benefit recipients accountable for the proper use of our limited resources,? said Attorney General Schneider.

This case was investigated by the Maine DHHS Fraud Investigation and Recovery Unit. Assistant Attorney General Peter Black handled this matter for Attorney General Schneider?s Criminal Division.

Millbridge Man Sentenced for Failure to File Maine Income Taxes

December 9, 2011

AUGUSTA ? Attorney General William J. Schneider announced that Aaron Doherty, 51, of Millbridge was convicted following his pleas of guilty to three felony counts of Failure to Make and File Maine Income Tax Returns for tax years 2005 through 2007.

Doherty was previously convicted on October 24, 2005 for the same conduct for tax years 1999 through 2004.

Cumberland County Superior Court Justice Thomas Warren sentenced Doherty to two years with all but five months suspended and two years of probation. Doherty was ordered to repay $31,637 in restitution. This includes restitution from the new convictions, tax money still remaining unpaid from the older convictions, and additional tax money due for years 2008 and 2009.

Doherty is a commercial fisherman who has a long history of failing to file and pay Maine income taxes. After being convicted in 2005, Doherty paid little of the back taxes he owed. The State sought to enforce the restitution order from the 2005 convictions and due to Doherty?s continued lack of cooperation sought and obtained an indictment for the new felony charges.

?All Maine taxpayers bear the responsibility for paying their fair share under state tax laws,? said Attorney General Schneider. ?Individuals cannot repeatedly fail to file and pay income taxes and ignore their obligations to pay back taxes even after they have been convicted of income tax crimes.?

This case was investigated by the Maine Revenue Services? Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled this matter for Attorney General Schneider?s Criminal Division.

Brunswick Woman Sentenced For Stealing Food Stamps and Child Care Reimbursement Benefits

December 12, 2011

AUGUSTA ? Attorney General William J. Schneider announced that Sarah E. Fairbanks, 40, of Brunswick, was sentenced today in Cumberland County Superior Court.

Fairbanks was convicted by a jury on November 30, 2011 of one count of Class B theft and two counts of unsworn falsification for providing false information to the Department of Health and Human Services in order to obtain welfare benefits from the Supplemental Nutrition Assistance Program (SNAP or Food Stamps) and Child Care Development Fund Voucher Program (CCDF).

Fairbanks was sentenced to five years imprisonment with all but thirteen months suspended, three years of probation and restitution in the amount of $59,816.38.

?The successful result in this case is due to the focused and effective partnership between DHHS and our prosecutors. We are committed to working together to ensure accountability for the proper use of our limited resources,? said Attorney General Schneider.

This case was investigated by the Maine DHHS Fraud Investigation and Recovery Unit. Assistant Attorney General Peter Black handled this matter for Attorney General Schneider?s Criminal Division.

Bangor Man Sentenced for Tax Fraud

December 20, 2011

AUGUSTA ? Attorney General William J. Schneider announced that Andrew Murphy, Sr., 49, of Bangor, was sentenced today to serve five months in jail for 14 counts of tax fraud, including theft of withholding tax, intentional tax evasion, failure to pay over withholding tax, and making false statements in tax returns.

Murphy committed the crimes in connection with the operation of his fuel oil and trucking delivery businesses, under the names of A.J Murphy, Inc., Hudson Road Holding Company, and Heaten Oil Company. He pleaded guilty in August of this year following an investigation covering 2005 through 2010. During this time period Murphy repeatedly reported to Maine Revenue Services that he had no employees, when in fact he had several. Moreover, Murphy stole the withholding taxes that he withheld from his employees? wages, rather than pay over the taxes to Maine Revenue Services.

Penobscot County District Court Judge Bruce Jordan sentenced Murphy to three years of incarceration with all but five months suspended, and three years of probation. Murphy was ordered to pay back $65,713 in restitution, which represents the withholding taxes which were stolen, along with unpaid corporate, sales, and personal income tax.

?Businesses are entrusted with the collection of state taxes and must not divert these taxes for personal enrichment,? said Attorney General Schneider. ?Maine citizens rely upon businesses to be honest collectors of their tax monies. We will continue to work with Maine Revenue Services to pursue and prosecute anyone who attempts to steal tax money or defraud the state.?

This case was investigated by the Maine Revenue Services? Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled this matter for Attorney General Schneider?s Financial Crimes and Civil Rights Division.

Attorney General Schneider Asks Parents To Be Wary of Children?s Acting Event This Weekend

January 6, 2012

AUGUSTA ? Attorney General William J. Schneider is warning parents about a series of acting auditions for Maine youngsters scheduled for tomorrow (Saturday) and Sunday at the Clarion Hotel in Portland.

Advertisements on a local radio station tell parents to bring their children ages 6 to 16 to the hotel for ?Disney? auditions. One Maine mother called the toll-free number given in the advertisement. She was asked for her name, the child?s name and age, and told to arrive at the hotel with the child ?dressed for success? and with two of the child?s photographs. She was not informed of any fee for the audition.

Consumers who have attended similar auditions in other locations complain that the ?free? event ultimately could end up costing thousands of dollars. Once at the audition site, up-front registration or consultation fees may be required, or expensive acting classes and subsequent paid events may be offered after the audition.

?Many parents want to believe that their child could be the next Hollywood sensation,? said Attorney General Schneider. ?The truth is that the odds of this happening are remote. A legitimate audition will not require up-front fees.?

Attorney General Schneider offers the following tips for families interested in pursuing modeling and acting careers for their children:

  1. Be very careful about any requests for up-front payments in the form of registration, consultation or administrative fees.
  2. Understand that this is a competitive business and a paid seminar or event may not be the best way to get agents or others to notice your child.
  3. Be wary of any promises of guaranteed employment or high earnings.
  4. Be cautious of companies that try to convince you to pay them money by using names of known celebrities, motion picture studios or recording companies.
  5. A legitimate production company will provide information about their business, their employees and their practices. Research company and agent names.
  6. Disney affiliates will be able to provide credentials demonstrating their association with Disney. Parents should ask for a telephone number of their contact at Disney Studios in Burbank, California.

If you think you have experienced an acting or modeling audition scam, call the Attorney General?s Consumer Protection Hotline at (207)626-8849.

CONTACT: Brenda Kielty (207) 626-8577

Attorneys General Call on Congress to Reauthorize Violence Against Women Act

January 11, 2012

AUGUSTA ? Attorney General William J. Schneider, joined by 52 of his fellow state and territorial Attorneys General, is calling on the United States Congress to reauthorize the Violence Against Women Act (?VAWA?) and ensure that vital programs working to keep women and families safe from violence and abuse continue uninterrupted.

?I am pleased to co-sponsor the sign-on letter to support the Violence Against Women Act Reauthorization Bill. This important legislation generates critical resources for programs in Maine that work to defeat domestic and sexual violence. Maine?s statutes, policies and training on domestic and sexual violence have been evolving for many years and VAWA will help ensure that progress continues,? said Attorney General Schneider.

According to Elizabeth Ward Saxl, Director of the Maine Coalition Against Sexual Assault, prevention and response to sexual violence in Maine has increased dramatically since VAWA was enacted. ?We have made great strides toward ending sexual violence, but we have so much work left to do. When 13,000 Mainers experience sexual violence each year, it?s clear that there is still a strong need for the presence of quality services to support victims and survivors,? said Ms. Saxl.

In their letter to members of Congress, the Attorneys General note that since the initial passage of VAWA in 1994, the national response to domestic violence, sexual assault, dating violence and stalking has been transformed. Crimes that used to be considered private, family matters to be dealt with behind closed doors have been brought out of the darkness and the results have been dramatic. But while rates of domestic violence have dropped by over 50% in the past 17 years, the issues addressed by VAWA are still very much at the forefront of the crime fight.

Tragically, three women are killed each day in the United States by abusive husbands and partners, and for every victim who loses her life, there are nine more who narrowly escape. In Maine last summer, an abusive husband subject to a protective order murdered his wife and two young children before taking his own life. Domestic violence homicide remains Maine's deadliest crime, accounting for about half the state's murders every year.

Citing the need to maintain services to victims and families on the local, state, and federal level, the Attorneys General urged Congress to reauthorize VAWA for the first time since 2006. They note that reauthorization would not only allow existing programs to continue uninterrupted, but would also provide for the development of new initiatives aimed at key areas most in need of intervention.

These initiatives include:

  • Addressing the high rates of domestic violence, dating violence and sexual assault among women aged 16-24. Programs will work to combat tolerant youth attitudes toward violence and break the cycle in which women who experience abuse as teens are more likely to be victimized again as adults.
  • Improving the response to sexual assault across disciplines by implementing best practices, training, and communication tools among the healthcare, law enforcement, and legal services a victim encounters after an assault.
  • Preventing domestic violence homicides by enhancing training for law enforcement, advocates, and others who interact with those at risk. A growing number of experts and researchers agree that these homicides are predictable ? and therefore preventable ? if we know the warning signs.

The Attorneys General closed their letter to Congress by recalling that when VAWA was first passed in 1994, it was recognition that domestic violence, dating violence, sexual assault and stalking are pervasive issues affecting individuals, families and communities across the nation. They note that the progress that has resulted from strong federal support has been tremendous, but that the fight never ends. Reauthorizing VAWA, the Attorneys General say, will enable that progress to continue, building on the lessons we have learned along the way and saving countless lives.

Signing on to this letter are the Attorneys General from American Samoa, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming.

Contact: Brenda Kielty (207)626-8577

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Attorney General Schneider Announces Settlement with Berlin City Auto Group Regarding Warranty Disclaimers

January 20, 2012

Settlement Ensures Compliance with Maine?s Implied Warranty Laws

AUGUSTA ? Attorney General William J. Schneider announced that the Berlin City Auto Group of Portland has settled claims that implied warranty and remedy disclaimers made when selling new cars to Maine consumers were unfair and deceptive.

The Unfair Trade Practice Consent Decree approved by Kennebec Superior Court on January 5, 2012 prohibits the Berlin City Auto Group from stating to consumers that only the manufacturer and not the dealer are responsible if the new car has a serious defect. Although Berlin City Auto Group did not admit any wrongdoing, the business agreed to inform past consumer purchasers of new cars that implied warranty and remedy disclaimers are retracted and that customers who were improperly turned down can seek reimbursement for repairs of serious defects.

Berlin City Auto Group agreed to pay a $5,000 civil penalty as part of the settlement.

?One of the most important consumer rights in Maine law says that if you are sold a seriously defective product, the seller or the manufacturer has to repair it,? said Attorney General Schneider. ?The dealer is required to share the responsibility for repair if a new car sold to a consumer turns out to have serious problems.?

The Maine implied warranty law protects consumers for up to four years after the purchase of all household or personal goods, excluding used cars.

To learn more about consumer goods and Maine express and implied warranty laws, go to: http://www.maine.gov/ag/consumer/consumerlawguide.shtml

This case was handled by Assistant Attorney General James McKenna in Attorney General Schneider?s Consumer Protection Division.

Attorney General Schneider Warns Consumers of Supplemental Health Insurance Scams

January 20, 2012

AUGUSTA ? Attorney General William J. Schneider is warning consumers about recent reports of calls from individuals claiming to represent supplemental health insurance offers.

There are reports from Maine seniors who have received phone calls claiming to be from Medicare or from the ?health office.? The callers ask for the Mainer by name and appear to be offering seniors some sort of supplemental health insurance or prescription coverage.

?Seniors can protect themselves by never giving any personal information to anyone over the phone,? said Attorney General Schneider.

Consumers with questions about Medicare can get more information from the Medicare offices at 1-800-MEDICARE.

If you think you have experienced a Medicare scam, call the Attorney General?s Consumer Protection Hotline at (207) 626-8849.

Rockland Man Sentenced for Failure to File Maine Income Taxes

January 26, 2012

Attorney General William J. Schneider announced that Daniel Gargan, Jr., age 43, of Rockland, was sentenced on January 25, 2012, to 30 days in jail for failing to pay his state income taxes. Gargan pled guilty to failing to pay his Maine Income Taxes from 2005 through 2009 and failing to file his Maine Income Tax Returns for 2005 and 2006.

Gargan, a commercial fisherman, earned an annual income of between $80,000 and $110,000 from 2005 through 2009 yet paid no state income taxes. Gargan had previously failed to pay his state income taxes from 2000 through 2003.

Knox County Superior Court Justice Jeffrey Hjelm sentenced Gargan to 180 days in jail, with all but 30 days suspended, and one year of administrative release. Gargan also was ordered to pay $61,111 in restitution, consisting of the tax due from 2000 to the present.

?All Maine taxpayers bear the responsibility for paying their fair share under state tax laws,? said Attorney General Schneider. ?We depend on people timely filing and paying their taxes. That is how our system works.?

This case was investigated by the Maine Revenue Services? Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled this matter for Attorney General Schneider?s Criminal Division.

CONTACT: Martha Demeritt, (207)626-8599

Attorney General Schneider Warns Churches of Rental Assistance Scam

February 2, 2012

AUGUSTA ? Attorney General William J. Schneider is warning churches and nonprofits about recent reports of calls from individuals claiming to need help with paying rent.

?There are reports from Maine church officials who have received phone calls from individuals requesting help to pay rent,? said Attorney General Schneider. ?One particular caller was very believable and stated that she needed $170 to rent a home in Winthrop. As it turns out, this particular property is a home which was recently listed for sale and the owner was still living there.?

It is believed the scammer obtained the information on any number of websites where properties are listed for sale.

The caller requests the payment be mailed to the ?land lady? whose address is a post office box in Washington, D.C.

If you think you have experienced a rental assistance scam, call the Attorney General?s Consumer Protection Hotline at (207) 626-8849.

Maine Prescription Drug Abuse Task Force Established

February 6, 2012

AUGUSTA ? Attorney General William J. Schneider and Governor Paul R. LePage announced last week that a Task Force has been formed to combat the prescription drug abuse problem in Maine.

Governor LePage signed an executive order Wednesday, February 1 establishing the Maine Prescription Drug Abuse Task Force. The formation of the Task Force follows the Prescription Drug Abuse Summit hosted by Attorney General Schneider in October.

?Decision makers in the fields of prevention and intervention, treatment and recovery, education, enforcement and public policy came together at the Summit to develop an action plan for Maine,? said Attorney General Schneider. ?This is a complex problem and the experts at the Summit considered many solutions, finally targeting the measures that are most likely to make a difference. I am encouraged by the level of commitment of people across the state and look forward to the leadership that the Task Force will bring on this issue.?

The executive order describes the alarming public health and safety effects of prescription drug misuse, abuse and diversion and highlights the challenge of balancing prevention, education and enforcement with the need for legitimate access.

?Prescription drug use is the Nation?s fastest-growing drug problem and Maine is experiencing increasing and alarming rates of prescription drug abuse,? said the Governor. ?This reality demands action, but any policy response must be approached responsibly. I hope members of this Task Force will be able to address this issue and start to find solutions on how slow down this major drug problem in a meaningful and effective way.?

The 17-member Task Force will address four action items identified by statewide stakeholders at the Summit:

  1. Develop a long-term controlled substance disposal program.
  2. Implement a statewide Diversion Alert Program that provides prescribers with drug crime information from local law enforcement to assist in determining whether patients are legitimately in need of controlled substance prescriptions.
  3. Develop an evidence-based public education campaign for both community education and prescriber training.
  4. Review the Prescription Monitoring Program and recommend improvements to maximize its use and effectiveness.

The members of the Task Force will report every six months to the Governor, the Attorney General, the Commissioner of Public Safety, the Commissioner of Environmental Protection and the Legislature.

Members include:

Joe Bruno R.Ph., M.B.A., President and CEO, Community Pharmacies, LP

Dr. Stevan Gressit, Founding Director, International Institute for Pharmaceutical Safety

William Savage, Assistant Attorney General, Office of the Attorney General

Greg Couture, Assistant to the Commissioner, Maine Department of Public Safety

Pattie Aho, Commissioner, Maine Department of Environmental Protection

Darrell Crandell, Commander, Maine Drug Enforcement Agency

Natalie Morse, Prevention Center Director, Maine General Medical Center

Susan Morissette, State Representative

Dr. Denise Theriault, Southern Maine Periodontal Associates

Lauri Sidelko, Director, Alcohol and Drug Education Programs

Jayne Harper, Drug Overdose Prevention Educator, MaineGeneral Prevention Center

Gordon Smith, Executive Vice President, Maine Medical Association

Melissia Petro, Regional Director, State Government & Legislative Affairs Purdue Pharma

Neill Miner, Project Director, Southern Kennebec Alliance for Substance Abuse Prevention

Roy McKinney, Director, Maine Drug Enforcement Agency

Brenda Kielty, Special Assistant to the Attorney General, Maine Office of the Attorney General

Patricia Lapera, Project Coordinator, Prescription Monitoring Program Office of Substance Abuse

Maine Man Sentenced for Worker?s Compensation Fraud

February 8, 2012

AUGUSTA ? Attorney General William J. Schneider announced that a former Medway man was sentenced to 60 days in jail following his plea of guilty to perjury.

David A. Powers, 50, was sentenced on February 7 in the Penobscot Judicial Center. The charge arose from Powers? false testimony in a worker?s compensation hearing in April, 2009 that he had not earned wages since 2006 and that he did not have earnings of any kind in 2008. Powers asserted that deposits from a logging and land clearing company and a trucking company to his personal bank account were for his son, not income to him for his work. During the time that Powers was collecting worker?s compensation for a back injury, he was observed operating a crane and grapples, and picking up trees and brush and feeding them into a chipping machine. Surveillance video and Powers? bank records showed his testimony under oath to be false.

At the time of the sentencing, Powers paid $6,000 in restitution to Acadia Insurance Company to reimburse the company for the worker?s compensation paid to him while he was working in 2008.

?Mr. Powers fraudulently misrepresented the extent of his disability, his actual work activities and his employment income,? said Attorney General Schneider. ?Witnesses who lie before any tribunal, whether administrative or judicial, undermine the integrity of the process and impede our ability to make sure justice is done.?

The case was prosecuted by Assistant Attorney General Leanne Robbin, for Attorney General Schneider?s Criminal Division and was investigated by the Attorney General?s Investigations Division.

Maine Joins $25 Billion Joint State-Federal Mortgage Servicing Settlement on Foreclosure Wrongs: State share of national settlement estimated at $21,000,000

February 9, 2012

Attorney General William J. Schneider announced that Maine joined a landmark $25 billion joint federal-state agreement and the nation?s five largest mortgage servicers over foreclosure abuses, fraud and unacceptable nationwide mortgage servicing practices.

U.S. Attorney General Eric Holder, U.S. Housing and Urban Development (HUD) Secretary Shaun Donovan and a bipartisan group of 49 state attorneys general announced the national settlement today in Washington, D.C.

?This agreement lays out the best first step to get relief directly to eligible Maine borrowers who were harmed,? said Attorney General Schneider. ?The statewide impact of these prohibited foreclosure practices will be offset through funding for foreclosure prevention programs, legal assistance to homeowners in foreclosure, and compensation to the state?s general fund.?

The state?s estimated share of the settlement is $21 million.

  • Maine?s borrowers who are in default on their mortgages will receive an estimated $7 million in direct borrower relief through principal reduction, short sales, borrower transition efforts, etc.
  • Maine?s borrowers who lost their home to foreclosure from January 1, 2008 through December 31, 2011 qualify for a cash payment from a $1.9 million fund set aside for this purpose.
  • The value of refinanced loans to Maine?s underwater borrowers who are current on their loans would be an estimated $4.5 million.
  • The state will receive a direct payment of $8.2 million for state foreclosure prevention programs, legal assistance to homeowners and the general fund.

The unprecedented joint state-federal settlement is the result of a massive civil law enforcement investigation and initiative that includes state attorneys general and state banking regulators across the country, and nearly a dozen federal agencies. The settlement holds banks accountable for past mortgage servicing and foreclosure fraud and abuses and provides relief to homeowners. With the backing of a federal court order and the oversight of an independent monitor, the settlement stops future fraud and abuse.

Under the agreement, the five largest servicers, Ally/GMAC, Bank of America, Citi, JPMorgan Chase and Wells Fargo, have agreed to a $25 billion penalty under a joint state-national settlement structure.

Nationally:

  • Servicers commit a minimum of $17 billion directly to borrowers through a series of national homeowner relief effort options, including principal reduction. Given how the settlement is structured, servicers will actually provide up to an estimated $32 billion in direct homeowner relief.
  • Servicers commit $3 billion to a mortgage refinancing program for borrowers who are current, but owe more than their home is currently worth.
  • Servicers pay $5 billion to the states and federal government ($4.25 billion to the states and $750 million to the federal government). The state payments include funding for payments to borrowers for mortgage servicing abuse.
  • Homeowners receive comprehensive new protections from new mortgage loan servicing and foreclosure standards.
  • An independent monitor will ensure mortgage servicer compliance.
  • Government can pursue civil claims outside of the agreement, any criminal case; borrowers and investors can pursue individual, institutional or class action cases regardless of agreement.

The settlement does not grant any immunity from criminal offenses and will not affect criminal prosecutions. The agreement does not prevent homeowners or investors from pursuing individual, institutional or class action civil cases against the five servicers. The settlement also enables state attorneys general and federal agencies to investigate and pursue other aspects of the mortgage crisis, including securities cases.

On January 27th, federal and state authorities announced the formation of the Residential Mortgage-Backed Securities Working Group. The working group will investigate those responsible for misconduct contributing to the financial crisis through the pooling and sale of residential mortgage-backed securities.

?In addition to providing significant relief for homeowners, this settlement also imposes new servicing standards on these national lenders,? said Will Lund of the Bureau of Consumer Credit Protection, which administers Maine's foreclosure diversion program. "These standards will ensure that homeowners have a fair opportunity to negotiate a loan modification and avoid losing their homes."

The final agreement, through a consent judgment, will be filed in U.S. District Court in Washington, D.C. and will have the authority of a court order.

Because of the complexity of the mortgage market and this agreement, which will span a three year period, in some cases participating mortgage servicers will contact borrowers directly regarding loan modification options. However, borrowers should contact their mortgage servicer to obtain more information about specific loan modification programs and whether they qualify under terms of this settlement. Settlement administrators or state attorneys general may also contact borrowers regarding certain aspects of the settlement.

To Get More Information:

Go to www.maine.gov/ag for the Maine Attorney General?s website or call the consumer protection division at (207) 626-8849 Monday through Friday 9:00 a.m. to 12:00 a.m. or 626-8861 to leave a message.

Email consumer.mediation@maine.gov or mail Maine Attorney General, Consumer Protection Division, 6 State House Station, Augusta, Maine 04333. Include the following information:

  • Name
  • Former Address
  • Loan Servicer
  • Current Address
  • Phone or email address
  • Date of foreclosure

Go to www.NationalForeclosureSettlement.com for more information on this settlement, including frequently asked questions.

www.HUD.gov

www.justice.gov

To find out if you are eligible for any of the benefits of the settlement contact your mortgage servicer:

  • Ally/GMAC: 800-766-4622
  • Bank of America: 877-488-7814
  • Citi: 866-272-4749
  • Chase: 866-372-6901
  • Wells Fargo: 800-288-3212

CONTACT: Martha Demeritt, (207) 626-8599

Supporting documents

Graphic showing settlement breakdown (PDF)

Report of the Attorney General on the Use of Deadly Force by Belfast Police Officer on June 8, 2011

February 14, 2012

Shortly before midnight on June 8, 2011, Benjamin Thompson, 26, of Swanville, was shot and seriously wounded in Belfast by Belfast police officer Daniel Fitzpatrick during an armed confrontation following a vehicle chase that started in Searsport.

While working a night shift on June 8, 2011, Officer Daniel Fitzpatrick of the Belfast Police Department heard a radio broadcast from Officer Eric Marcel of the Searsport Police Department that he was attempting to stop a dark colored Jeep Cherokee on the Brock Road in Searsport. Officer Marcel reported that the vehicle had a loud exhaust and its plate light was out. He reported that the driver of the vehicle was refusing to stop. Hearing that the Jeep Cherokee was heading toward the Smart Road in Belfast, Officer Fitzpatrick and Belfast police officer Mathew Cook traveled up the Swan Lake Road (Route 141) in their separate fully marked police cruisers to the Smart Road where they stopped and waited near an intersection. Officer Fitzpatrick remained in his cruiser while Officer Cook walked over to Officer Fitzpatrick?s car. Both officers were in uniform. The two officers were engaged in conversation when they saw the headlights of a car approaching from the Curtis Road.

Officer Fitzpatrick observed that the approaching vehicle was a dark color sport utility vehicle travelling at a high rate of speed; he suspected that it was the same vehicle that Officer Marcel had tried to stop. He and Officer Cook watched the vehicle make a sharp right turn onto the Smart Road toward Belfast. As Officer Cook went back to his cruiser, Officer Fitzpatrick activated his blue lights and followed the vehicle. The vehicle failed to stop. Officer Fitzpatrick, followed by Officer Cook, pursued the vehicle for about a mile on the Smart Road, and observed it continuously swerving from the travel lane into the oncoming traffic lane. The vehicle was traveling faster than the posted 35 MPH limit. Officer Fitzpatrick was able to read the plate number on the vehicle and recognize it as a dark colored Jeep Cherokee. The vehicle began to slow down as it neared the intersection of Route 141. It stopped at the intersection.

Officer Fitzpatrick quickly got out of his cruiser and observed the driver of the Jeep, later identified as Benjamin Thompson, lunge from the vehicle with what Officer Fitzpatrick believed was a rifle. As the driver got out of the vehicle, the Jeep rolled backwards three or four feet until it lodged against the front right fender and tire of Officer Fitzpatrick?s cruiser.

Officer Fitzpatrick retreated to the space between his cruiser and its open door while ordering the driver to ?put your hands up,? and firing several shots until Mr. Thompson fell to the ground. Officer Cook was getting out of his cruiser behind Officer Fitzpatrick?s cruiser when he heard Officer Fitzpatrick?s command and the sound of three or four gunshots. Officer Cook covered Officer Fitzpatrick while Officer Fitzpatrick secured the shotgun Thompson had held. Officer Cook, assisted by Waldo County deputy sheriffs who had arrived at the scene, then handcuffed Mr. Thompson, who was combative and implored the officers to kill him.

Portions of the event were recorded on a video camera in Officer Fitzpatrick?s cruiser. From the time that the Jeep Cherokee stopped at the intersection of the Smart Road and Route 141 to the time that Officer Fitzpatrick fired at Mr. Thompson was eight seconds. The distance between Officer Fitzpatrick and Mr. Thompson was 15-20 feet.

Mr. Thompson sustained gunshot wounds to his abdomen and upper left leg. The long gun he was brandishing was determined to be a .20 gauge loaded shotgun that was cocked and ready to fire when Mr. Thompson bounded from the Jeep Cherokee. Mr. Thompson was treated by police officers and emergency medical personnel at the scene and taken by ambulance to a Bangor hospital for treatment. It was later determined that Officer Fitzpatrick had fired a total of four shots at Mr. Thompson and that two of the shots struck him. Detectives from the Office of the Attorney General went to the scene to conduct an investigation. They were assisted by several members of the State Police, the Waldo County Sheriff?s Office, and the Belfast Police Department. The Belfast Police Department cooperated fully with the investigation, and later conducted its own internal review of the shooting.

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation in this matter was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution. The review did not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must reasonably believe that deadly force is imminently threatened against the person or someone else, and, second, the person must reasonably believe that deadly force is necessary to counter that imminent threat.

Whether a use of force is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time shots were fired at Mr. Thompson by Officer Fitzpatrick, it was reasonable for Officer Fitzpatrick to believe that deadly force was imminently threatened against him, and it was reasonable for Officer Fitzpatrick to believe that it was necessary for him to use deadly force to protect himself from the imminent threat of deadly force posed by Mr. Thompson?s actions. The Attorney General?s conclusions are based on an extensive scene investigation, interviews with numerous individuals, and review of all evidence made available from any source.

Report of the Attorney General on the Use of Deadly Force by State Police Trooper on September 24, 2011 in Farmingdale

February 27, 2012

Facts

During the evening of Saturday, September 24, 2011, Paul A. Fritze, 41, of Farmingdale, was shot and killed by Trooper Timothy Black of the Maine State Police Tactical Team during an armed confrontation outside a residence on Bowman Street in Farmingdale.

Timothy Black has been a state police trooper for 13 years and a member of the State Police Tactical Team for five years. In the early evening of September 24, 2011, he responded to Bowman Street in Farmingdale as a member of the Tactical Team. Upon arrival, he learned that a man, identified as Paul A. Fritze, had, about two hours earlier, gone to a neighbor?s home on Bowman Street with a firearm, threatened the two occupants of the home with the firearm, and discharged several rounds inside the house. One of the occupants of the house had been forced by gunpoint into the basement, but managed to escape the house through a basement window. The other occupant fled from the home after Mr. Fritze fired several shots inside the house. Trooper Black learned that while both occupants of the house had managed to flee, Mr. Fritze remained inside the house and was still armed.

Trooper Black and another Tactical Team member were assigned to a position on the east side of the Bowman Street residence. The position afforded Trooper Black a view of the home?s primary entrance, and its driveway. He was armed with a rifle equipped with a scope. Trooper Black was about 130 feet from the residence. Once in position, Trooper Black monitored radio traffic from other team members that included information about the attempts of a State Police crisis negotiator to establish contact with Mr. Fritze by telephone. Trooper Black also heard a team member report that he could see the person believed to be Mr. Fritze inside the house.

For nearly two hours and without success, various attempts were made by a crisis negotiator to reach Mr. Fritze by telephone. Trooper Black learned that other team members were going to get closer to the house by positioning the team?s fully-marked armored vehicle in the driveway of the residence. From this closer position, further attempts were made to make contact with Mr. Fritze. Inside the vehicle were a negotiator and several members of the Tactical Team. Members of the team were in and out of the vehicle at various times.

Trooper Black heard a negotiator attempt to make contact with Mr. Fritze on a public address system. Less than a half hour later, Trooper Black saw Mr. Fritze come out the door of the house onto a deck on the east side of the house. He could only see Mr. Fritze from the waist up. Mr. Fritze had an object in his left hand that Trooper Black, given his limited field of view at that point, could not identify. In response to the negotiator?s request that Mr. Fritze answer the telephone, Mr. Fritze shouted, ?I don?t have a [expletive] phone.?

Trooper Black watched Mr. Fritze go back into the house and come back out. When Mr. Fritze came out of the house this time, Trooper Black saw a black pistol in his right hand through the scope on his rifle. He saw Mr. Fritze turn, raise the weapon toward the armored vehicle, and shout, ?I don?t have a [expletive] phone if you want a gun battle here.? Fearing that Mr. Fritze would shoot Tactical Team members near the armored vehicle, Trooper Black fired one shot at Mr. Fritze. The round struck Mr. Fritze, who fell to the deck. The single shot was fatal. About four hours had elapsed from the time that Mr. Fritze entered the house and fired shots, forcing the two occupants to flee the house, and the time of his death. About two hours had elapsed from the arrival and deployment of the State Police Tactical Team.

Detectives from the Office of the Attorney General went to the scene to conduct an investigation. They were assisted by several members of the State Police, including evidence technicians and detectives. The investigation disclosed that Mr. Fritze had sent text messages to the male occupant of the home during the morning of September 24. In one of the messages, Mr. Fritze asked to come to the man?s house to play cards. The recipient of the message declined the invitation saying that it was his birthday and he just wanted to take it easy. This was followed by other text messages from Mr. Fritze to the man, some of which were offensive in nature. Later in the afternoon, apparently feeling rebuffed, Mr. Fritze went to the home and confronted the male occupant with a handgun outside the house. Holding the gun to the man?s head, Mr. Fritze ordered him to go inside the house and sit at the kitchen table. Mr. Fritze smoked a cigarette, and then ordered the man to summon his housemate from her bedroom. Mr. Fritze ordered the man at gunpoint to the basement of the house. The man did as commanded, but managed to flee the residence through a window. Observing these interactions between Mr. Fritze and her housemate, the female occupant of the house locked herself in her bedroom, hid in a closet, and called 911. When she refused commands from Mr. Fritze to come out of the bedroom and go to the basement, Mr. Fritze fired multiple rounds into the woman?s locked bedroom door. The woman was able to escape the house through a sliding glass door onto a raised deck where she was helped to the ground by the male occupant. They heard an additional gunshot from inside the house.

The weapon brandished by Mr. Fritze at the time he was shot was a Beretta 9mm semi-automatic pistol ready to fire. It had one round in the chamber and 11 in the magazine. Additional live rounds were found in Mr. Fritze?s pocket. It was determined that at least 12 rounds were fired by Mr. Fritze into the door of the female occupant?s bedroom, including one round into the doorknob itself in an apparent attempt to gain entry to the bedroom. Given the weapon?s capacity of 16 rounds, Mr. Fritze would have had to reload between the time he fired the first rounds in the house and the time he encountered Tactical Team officers outside the residence. A second gun, a Smith & Wesson 9mm semi-automatic pistol, was found in the basement of the house. The pistol did not belong to the occupants of the home. While it could not be conclusively determined that this second gun belonged to Mr. Fritze, a Smith & Wesson 9mm magazine was later found at Mr. Fritze?s residence.

At the time he was shot, Mr. Fritze?s blood alcohol content was 0.28%. Mr. Fritze?s criminal history included commandeering a bus with passengers at gunpoint in New Jersey in 1993, an event for which he was convicted and sentenced in 1994 to five years in state prison and three years parole. In 1999, Mr. Fritze was convicted in Maine on a federal charge of possession of a firearm by a felon and sentenced to 41 months in federal prison and 36 months of supervised release.

Analysis and Conclusion

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation in this matter was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution. The review did not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must reasonably believe that deadly force is imminently threatened against the person or someone else, and, second, the person must reasonably believe that deadly force is necessary to counter that imminent threat.

Whether a use of force is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time Trooper Black fired the shot at Mr. Fritze, it was reasonable for Trooper Black to believe that deadly force was imminently threatened against other officers, and it was reasonable for Trooper Black to believe that it was necessary for him to use deadly force to protect the officers from the imminent threat of deadly force posed by Mr. Fritze?s actions.

Scarborough Man Convicted Of Stealing From American Legion

February 29, 2012

AUGUSTA ? Attorney General William J. Schneider announced that Ryan J. Byther, age 36, of Scarborough, was found guilty today of stealing $50,000 from the American Legion Post 56 of York. After a two day trial, a York County Superior Court jury returned a guilty verdict on a one-count indictment that charged Byther with Class B Theft by Deception.

Byther, a general contractor working for the American Legion on a new building project in early 2008, represented to Legion officials that he was an experienced professional fundraiser and could manage their $2 million fundraising campaign. Evidence introduced at trial showed that Byther had no fundraising experience and had never been licensed as a professional fundraiser in Maine.

As a result of his deception, Byther obtained a $50,000 retainer from the American Legion in March, 2008. Byther never raised any funds for the Legion. Instead, he spent the $50,000 on his other business pursuits and expenses, including the Prost Tap House and Club Onyx, a bar and nightclub that Byther opened in the Old Port of Portland in June of 2008 and that failed several months later.

?By intentionally creating the false impression that he was a professional fundraiser and would use this money solely for fundraising activities, Mr. Byther deceived the American Legion,? said Attorney General Schneider. ?We are pleased to get a guilty verdict for this theft from a community veterans organization that provides programs and resources to so many in the York area.?

Byther will be sentenced on May 29, 2012 and faces a maximum sentence of 10 years of incarceration.

This case was investigated by the Attorney General?s Investigations Unit and the York Police Department. Assistant Attorney General Michael J. Colleran handled this matter for Attorney General Schneider?s Criminal Division.

New Hampshire Man Sentenced for Bottle Redemption Fraud

March 5, 2012

AUGUSTA ? Attorney General William J. Schneider announced that the owner of a Derry, New Hampshire sports complex was sentenced today for his role in a large-scale bottle redemption fraud scheme.

Dennis Reed, 67, pled guilty to nine Class E thefts and one Class D theft in York County Superior Court and was ordered to serve 72 hours in jail and pay a $10,000 civil penalty.

On March 18, 2010 Reed was caught making an after-hours delivery of thousands of containers from New Hampshire to Green Bee Redemption in Kittery, Maine. The purpose of the delivery was to redeem the five cent refund from the Maine bottle distributors, even though no five cent deposit had been paid and the bottles from New Hampshire were not eligible for redemption in Maine.

Reed operates the SportZone, a five-acre sports complex in Derry, New Hampshire, about 50 miles from Kittery. Within the SportZone, he sold Pepsi products and maintained a bottle redemption operation directing employees to sort all containers carrying the Maine refund label. The thousands of sorted containers were then loaded onto a trailer and transported for redemption at Green Bee.

Between April 9, 2008 and February 18, 2010 Reed obtained over $4,400 from his fraudulent redemption of New Hampshire containers in Maine.

?Out of state interests that attempt to illegally cash in through the redemption of their containers here in Maine will be prosecuted,? said Attorney General Schneider. ?Reed?s crime increased the costs to both Maine consumers and Maine-based distributors, businesses that in turn provide jobs to Maine residents.?

Under Maine?s Bottle Bill, all beverage distributors charge a deposit of five cents for most soda, sports drink and bottled water containers sold in Maine. When the empty beverage containers are returned, the distributors refund the consumer the five cents originally paid as a deposit.

In addition to refunding the deposit, the distributors are required by the Bottle Bill to pay an additional handling fee to the redemption center. The distributors have no obligation to pay a deposit refund or handling fee for the redemption of any beverage container purchased outside of Maine.

New Hampshire has no bottle bill and no deposit is charged for any container sold in that State. The Massachusetts? bottle bill does not require a deposit for containers of water, juices, ice tea and sports drinks.

In August, 2011 Thomas Woodard, one of the operators of Green Bee Redemption, was convicted after a jury trial of theft by deception for obtaining over $10,000 in deposit refunds and handling fees from Maine beverage distributors for beverage containers that he knew were not eligible for redemption in Maine. Woodard was sentenced to 21 days in jail and remains out on bail pending appeal to the Maine Supreme Judicial Court.

The case was prosecuted by Assistant Attorney General Leanne Robbin, of Attorney General Schneider?s Criminal Division and was investigated by the Attorney General?s Investigations Division, the Maine Department of Agriculture and the Kittery Police Department.

Home Repair Contractors Sued by Attorney General Schneider for Allegedly Swindling Homeowners out of Money

March 12, 2012

AUGUSTA ? Attorney General William J. Schneider announced today that lawsuits have been filed against two home repair contractors for taking money from consumers and failing to perform as promised.

Daniel B. Tucci, of Portland, advertised as ?Dan the Handyman? in local newspapers. According to the Attorney General?s complaint, filed March 8, 2012 in Cumberland County Superior Court, Tucci collected payments in advance but failed to perform the promised home repair services. When the homeowners complained about the lack of progress, Tucci demanded more money. Any work actually performed by Tucci and his crew was of extremely low quality.

The Attorney General?s Office began an investigation of Tucci after receiving a complaint from Legal Services for the Elderly alleging that he targeted elderly victims. Many of the consumers stated that when Tucci was confronted about the lack of progress or poor quality of the repairs, he responded with threats and bullying.

A separate lawsuit was filed February 18, 2012 in York County Superior Court against Joel Poirier following the U.S. Bankruptcy Court?s dismissal of Poirier?s Chapter 13 Petition. Poirier owned and operated a home construction and repair business in Buxton. According to the lawsuit, Poirier took large down payments in advance for home improvement projects that he did not begin on time and never finished.

?We allege that these contractors intentionally misrepresented their ability and willingness to complete the home improvement projects they were paid in advance to do,? said Attorney General Schneider. ?This kind of intimidation of our seniors, who especially need help maintaining their homes, is intolerable.?

The Attorney General?s lawsuits seek to prohibit Tucci and Poirier from acting as general contractors in Maine, providing goods or services, and taking any money in advance from consumers. The complaint is also seeking restitution for the affected consumers, as well as penalties and costs.

There are many reputable home improvement contractors in Maine and homeowners can protect themselves and find the right contractor for the job by taking a few easy steps.

  1. Shop around and compare several estimates.
  2. Check references from past customers and ask to see samples of the contractor?s work, particularly models of those jobs that are similar to the work you want done to your home.
  3. Get a contract in writing. Maine law requires a written contract for jobs costing more than $3,000.
  4. Take your time. If the offer is good today, it will be good tomorrow. Be skeptical of high pressure tactics.
  5. Establish a payment schedule. Maine law states that down payments cannot exceed 1/3 of the total cost of the job.
  6. Before making your final payment, get a second opinion. Have an independent inspector or insurance adjuster inspect the project.
  7. Demand to see lien waivers from subcontractors and material suppliers.

If you have questions about home construction repair or if you need to file a complaint, contact the Attorney General?s Consumer Protection Division at (800) 436-2131 or by email at consumer.mediation@maine.gov

For information and consumer tips on choosing home improvement contractors, please visit http://www.maine.gov/ag/consumer/housing/home_construction.shtml

Contact Legal Services for the Elderly at 1(800)750-5353 or visit http://www.mainelse.org/library/kyr/home_repair.htm

These cases are being prosecuted by Assistant Attorneys General Linda Conti and Carolyn Silsby of Attorney General Schneider?s Consumer Protection Division.

Attorney General Schneider Issues Medical Scam Alert

March 22, 2012

AUGUSTA ? Attorney General William J. Schneider is warning people with diabetes to beware of a medical scam involving diabetic supplies. Recent reports in Maine involve telephone calls from someone claiming to be from Medicare who offers diabetic and other medical supplies in exchange for Medicare information. Some Medicare consumers have received diabetic supplies that were never ordered and even after repeatedly informing the mail order company that they purchase their diabetic supplies at a local pharmacy, the shipments continued.

?People with diabetes have become the target of criminals who want to steal your Medicare number,? said Attorney General Schneider. ?Safeguarding your personal information, including your Medicare number, is the best step Maine consumers can take to prevent medical identity theft.?

Attorney General Schneider offers the following tips for diabetic patients and other Medicare beneficiaries:

  1. Be suspicious of anyone who offers free medical equipment or services and then asks for your Medicare or financial information. These calls are not coming from Medicare, diabetes associations or other similar organizations.
  2. Do not provide your Medicare number, social security number, or other personal information over the phone.
  3. Do not accept items that you did not order. Refuse the delivery and keep a record of the sender?s name and the date you returned the items.
  4. Check all of your medical bills, Medicare summary notices, explanation of benefits and credit reports. If you spot unusual or questionable charges, first contact your health care provider to be sure it is not just an error.
  5. Report medical identity theft and Medicare fraud.

The Maine Senior Medicare Patrol (SMP) connects callers to their local Area Agency on Aging to help Mainers file reports with the appropriate Medicare/MaineCare entities. Call 1-877-353-3771 or go to http://www.maine.gov/dhhs/oes/community/mmep.shtml

For more information on Medicare fraud, go to http://www.maine.gov/dhhs/oes/community/medicare_fraud.htm

If you think you have experienced a Medicare scam, call the Attorney General?s Consumer Protection Hotline at (207)626-8849.

Attorney General Schneider Announces Mural Decision

March 23, 2012

AUGUSTA ? Attorney General William J. Schneider today announced that the United States District Court rejected claims that attempted to control the speech of government officials.

The opening sentence of Judge John A. Woodcock?s 91 page decision encapsulates the issue: ?The resolution of the Governor?s decision to remove a state-owned labor mural from the anteroom of the Maine Department of Labor rests not in a court of law but in the court of public opinion.?

In this case, the prior administration expended $60,000 on a mural depicting select scenes from the history of labor in Maine, which was displayed in a small waiting room at the Department of Labor. The mural was removed by the current administration, prompting a group of individuals to file suit in federal court seeking to compel the return of the mural.

In declining to examine the motivation behind government speech, the Court concludes that: ?To hold a jury trial and subject elected officials to cross-examination whenever a dissident group contends that a governmental action, which affects a governmental message, is politically motivated would risk transforming the courts into stages for political theatre.?

Attorney General William J. Schneider applauded the decision, commenting: ?One of the cornerstones of American democracy is free expression ? by individuals and the government. As citizens, we want our government officials to speak and express their views. Any effort by a small group to attempt to control government?s speech by bringing elected officials to trial should be viewed as a threat to our democratic principles. I am pleased that the Court agreed that just as individuals are free to speak, so too is the government.?

Supporting documents

Newton v. LePage Order on Motion for Summary Judgment

U.S. Supreme Court to Hear Challenge to Health Care Law

March 25, 2012

Attorney General Schneider Will Attend Oral Argument

AUGUSTA ? Attorney General William J. Schneider, 25 other attorneys general, the National Federation of Independent Business and four individual plaintiffs will begin an unprecedented six hours of oral arguments before the U.S. Supreme Court challenging the Federal Government?s Health Care Act.

Paul Clement, former U.S. Solicitor General, will argue on behalf of the states. The argument schedule is as follows:

Monday, March 26

? 10:00 a.m. to 11:30 a.m. The Court will hear 90 minutes of argument on whether the federal Anti-Injunction Act prohibits the plaintiffs from bringing a challenge to the individual mandate at this time. The States contend that the individual mandate issue may be settled now without having to await the assessment of penalties under the Act.

Tuesday, March 27

? 10:00 a.m. to 12:00 p.m. The Court will hear two hours of argument on the constitutionality of the individual mandate ? the requirement that individuals obtain health insurance or face a financial penalty. The States argue that Congress lacks constitutional authority to force individuals who are not participating in the insurance market to enter the market and purchase a government-prescribed insurance product.

Wednesday, March 28

? 10:00 a.m. to 11:30 a.m. The Court will hear 90 minutes of argument on the issue of severability and whether, if the Court invalidates the individual mandate, what other parts of the Act can still survive. Plaintiffs argue that the entire Act must fail if the mandate fails because it is the lynchpin of the Act.

? 1:00 p.m. to 2:00 p.m. The Court will hear one hour of argument on the requirement that States massively expand their Medicaid programs. The States argue that Congress cannot force the States to expand, operate, and substantially fund the expansion of Medicaid, or coerce them to do so by threatening the loss of all federal Medicaid funding.

?It is vitally important to have this case decided,? said Attorney General Schneider. ?The lives of every Mainer and every American are profoundly impacted by the issues that will be presented and argued during the next three days. Our core beliefs in individual rights and state sovereignty are at stake. Only when these questions have been settled by the Supreme Court will we have the constitutional foundation upon which to address the urgent health care needs of all our citizens.?

The Court is expected to issue a decision by the end of June 2012.

Gray Man Sentenced for Stealing from Sons of AMVETS

April 2, 2012

AUGUSTA ? Attorney General William J. Schneider announced that Peter R. Bragdon, 33, of Gray, was sentenced today for stealing $8,902 from the Maine Chapter of Sons of AMVETS (American Veterans). Androscoggin County Superior Court Justice MaryGay Kennedy sentenced Bragdon to three years of incarceration with all but 18 months suspended, and two years of probation.

Bragdon, a former dispatcher for the Androscoggin County Sheriff?s Office, was the Commander of the Maine Sons of AMVETS chapter. Bragdon maintained access to the Sons of AMVETS bank account after he was forced to resign in 2009 due to alleged poor management and misconduct. He stole money from the account for nearly two years after his resignation.

AMVETS, a national veterans and community service organization, provides outreach and support to veterans, their families, and through a range of initiatives, aims to contribute to the quality of life in local communities.

Bragdon will be immediately paying back a portion of the money he stole. Bragdon is also awaiting sentencing in the Kennebec County Superior Court after pleading guilty to unrelated income tax charges of forgery, intentional tax evasion, and attempted theft by deception of an income tax refund. Bragdon previously pled guilty in the Lewiston District Court to the charge of negotiating a worthless instrument and is awaiting sentencing on that charge, as well.

?AMVETS has a proud tradition of helping veterans and sponsoring programs that serve our citizens and our country,? said Attorney General Schneider. ?Stealing from a volunteer-led charitable organization that contributes so much to the local community is intolerable and we are pleased that justice was served in this case.?

These cases were investigated and prosecuted by the Cumberland County Sheriff?s Office, the Mechanic Fall?s Police Department, the Androscoggin County District Attorney?s Office, and Maine Revenue Services. Assistant Attorney General Gregg D. Bernstein handled this matter for Attorney General Schneider?s Criminal Division.

Former Maine Turnpike Authority Executive Director Sentenced for Theft

April 6, 2012

AUGUSTA ? Attorney General William J. Schneider announced that former Maine Turnpike Authority Executive Director Paul E. Violette, 56, of Portland was sentenced today to seven years in prison, all but three and one-half years suspended, for the theft of Maine Turnpike Authority funds.

Violette pled guilty in February to one Class B theft charge involving his unauthorized use of gift cards and credit cards purchased with Turnpike Authority funds for personal travel, meals and other expenses. Class B theft is punishable by up to 10 years in prison.

Cumberland County Unified Criminal Court Justice Roland Cole sentenced Violette to seven years of incarceration, all but three and one-half years suspended and 1,500 hours of community service after his release from jail.

Violette was elected executive director of the Maine Turnpike Authority by its board in December 1987. In 2009, the Government Oversight Committee of the Legislature requested that the Office of Program Evaluation and Government Accountability (OPEGA) review the operations of the Maine Turnpike Authority. OPEGA?s report, issued on January 28, 2011 first identified issues with the agency?s spending, including the purchase of over $200,000 in gift cards, allegedly for charity.

The OPEGA investigation revealed that Violette had, among other things, used gift cards from Akari, a Portland salon, to finance his own spa treatments and had cashed in Fairmont Hotel gift cards for stays by himself, family and friends at the Chateau Frontenac in Quebec City for a conference of the Winston Churchill Society and for Winter Carnival.

Further investigation determined that Violette had been using gift cards purchased with Turnpike Authority funds to finance trips to Italy, Canada, Spain, Puerto Rico and France, as well as stays in boutique hotels in the Berkshires, Vermont and Maine.

Based on the information gathered by OPEGA, the Turnpike Authority?s audit and the Attorney General?s investigation, OPEGA concluded that between 2004 and 2010 Violette stole $175,000 to $230,000.

Violette resigned his position as executive director on March 7, 2011. In December 2011 he settled a civil suit filed against him by the Maine Turnpike Authority with a $155,000 payment, reportedly his net worth. The Travelers and CNA Casualty paid $155,000 and $100,000, respectively, as a result of Violette?s misuse of public funds.

?Mr. Violette?s sentence sends a strong message that we will fight corruption in government, regardless of an official?s power or position,? said Attorney General Schneider. ?I commend OPEGA and the Government Oversight Committee for their diligent work to uncover the deliberate abuse of public trust committed by Mr. Violette.?

This case was prosecuted by Assistant Attorney General Leanne Robbin of Attorney General Schneider?s Criminal Division and was investigated by the Attorney General?s Investigations Division.

Maine Domestic Abuse Homicide Review Panel Presents 9th Biennial Report

April 12, 2012

AUGUSTA ? Attorney General William J. Schneider announced that the Maine Domestic Abuse Homicide Review Panel?s 9th biennial report was made available to the public at a press conference today. Joining the attorney general were Governor LePage, Commissioner Morris of the Maine Department of Public Safety, Colonel Williams of the State Police, and Assistant Attorney General Lisa Marchese, chair of the panel.

The report is the product of many dedicated individuals who examined 13 cases of domestic violence homicide that occurred in Maine between March 2008 and July 2011. Their review of the circumstances surrounding these cases clarified the need to recognize the signs of domestic violence and to take the steps necessary to ensure the safety of victims, their families and the general public.

Among the panel?s observations and recommendations are several key themes that emerged from the homicide cases reviewed.

  1. Validated, evidence-based domestic violence risk assessment tools are currently available and would increase various systems? capacity to respond to perpetrators and victims of domestic abuse. These tools would also provide information helpful to victims when safety planning. Currently, risk assessment in Maine in domestic violence cases is neither routine nor consistent.

  2. An abuser?s suicidality as a precursor to homicide was present in many of the cases reviewed, and yet often went unrecognized as a risk factor by law enforcement, mental health professionals, friends, family members and co-workers. Bystanders, including the general public and professionals alike, must recognize an abuser?s suicidal thoughts and actions as posing potential danger to the abuser?s partner, parents and children.

  3. Firearms continue to be the most often used deadly weapons for individuals who commit domestic violence homicide. Possession of, and access to, firearms in dangerous situations should be examined by criminal justice stakeholders. The current system for relinquishment of firearms, and policies and practices to seize and secure firearms pursuant to state and federal law, requires vigilant examination.

Supporting documents

Working Together to End Domestic Violence Homicide in Maine

Report of the Attorney General on the Use of Deadly Force by Lewiston Police Officer and Androscoggin County Deputy Sheriff on November 8, 2011

April 17, 2012

In the early morning hours of November 8, 2011, Kyle Corey, 43, of Portland, was shot and wounded by Lewiston police officer Nicholas Meserve and Androscoggin County deputy sheriff Travis Lovering during a confrontation following a vehicle pursuit.

Facts

On November 7, 2011, Officer Nicholas Meserve was working a patrol shift that started at 11:00 p.m. He was in uniform and operating a fully marked police cruiser. (All officers involved in the pursuit and the subsequent attempts to take two individuals into custody were in uniform and operating fully marked police cruisers.)

Shortly after midnight on November 8th, he heard over the radio that fellow Lewiston Officer Nathan Hood was in pursuit of a stolen vehicle carrying two unidentified occupants. (The white Ford Focus was reported stolen from Portland on October 29, 2011.) When Officer Meserve heard Officer Hood?s radio traffic, he was less than two blocks away on Sabattus Street.

Officer Meserve saw Officer Hood?s cruiser and the suspect vehicle, a white Ford Focus, cross Pine Street, and he joined the pursuit, falling in behind Officer Hood?s cruiser. During the pursuit, Officer Meserve observed the vehicle traveling without headlights, going through red lights at several four-way intersections, traveling at speeds as high as 70 m.p.h. in congested areas of Lewiston and Auburn, going in the wrong direction on one-way Pine and Ash Streets, and traveling in the oncoming travel lane on Center Street in Auburn. The vehicle pursuit started in Lewiston, went into Auburn, and then back into Lewiston, ending on a dead end street in Lewiston.

Deputy Travis Lovering was at the Androscoggin County Sheriff?s Office on Center Street in Auburn when a dispatcher told him about a chase involving officers from Lewiston and Auburn. He left the Sheriff?s Office, and while he was at the intersection of Turner and Center Street in Auburn, he saw the blue lights of police cruisers following a small white car on Turner Street. Deputy Lovering noted that the small white car was traveling without its headlights on and its operation appeared erratic. He turned on his blue lights and siren and joined the pursuit that included Lewiston and Auburn police cruisers. The pursuit went back into Lewiston before ending on Mill Street, a dead end street.

Apparently recognizing that he and his passenger were trapped at the end of the street, the driver attempted to turn around and, in so doing, backed into Officer Hood?s cruiser. Upon hitting the cruiser, the Ford Focus stopped and the driver got out of the car and ran into an alleyway near the Chestnut Street parking garage. Officer Hood and another officer ran after the fleeing driver. The driver, later identified as Richard Thorpe, 30, of Norway, was located a few minutes later and taken into custody after physically resisting the officers.

Officer Meserve remained with the Ford Focus. His attention was focused on the passenger, later identified as Kyle Corey, who was trying to get out of the car through the passenger side door. To prevent Mr. Corey from using the passenger?s side door, Officer Meserve moved his cruiser toward the Ford Focus and positioned it so that the cruiser?s front bumper pinned the passenger?s side door closed. When Mr. Corey moved into the driver?s seat, Officer Meserve believed that Mr. Corey would try to flee through the driver?s side door. Officer Meserve left his cruiser, which was still positioned against the passenger?s side door, and went to the driver?s side door of the Ford Focus to intercept Mr. Corey if he attempted to escape. In the meantime, other officers had arrived on Mill Street.

Officer Meserve was within an arm?s length of the driver?s door as he issued verbal commands to Mr. Corey to show his hands and get out of the vehicle. Mr. Corey did not respond to the verbal commands; instead, just as Officer Meserve was reaching for the door handle, Mr. Corey put the vehicle in reverse and accelerated causing the vehicle?s front end to swing toward the officer. Officer Meserve was struck by the vehicle and knocked to the ground.

Deputy Lovering was near Officer Meserve when the Ford Focus knocked the officer down. Deputy Lovering drew his duty weapon and ordered Mr. Corey to stop the vehicle. Mr. Corey did not heed Deputy Lovering?s command, but drove the Ford Focus in a forward direction directly at Deputy Lovering. The Ford Focus was 15 to 20 feet from Deputy Lovering when Deputy Lovering took several steps to the right to get out of its path. At the same time and being fearful that the vehicle would run him over, Officer Meserve had gotten back on his feet and was standing. Officer Meserve drew his weapon, and both Officer Meserve and Deputy Lovering fired their weapons at the driver in the moving vehicle.

As the two officers fired their weapons, they were about an arm?s length from each other and within ten feet of the moving vehicle. The vehicle continued another 20 feet past them before going through a chain link fence and stopping. Both officers reloaded their weapons and approached the stopped vehicle. Mr. Corey could be seen moving inside the vehicle, but he continued to fail to comply with the officers? demands that he show his hands and get out of the vehicle. Mr. Corey continued moving around the vehicle and appeared to be fumbling with things in the car. When Mr. Corey was ordered to show his hands, Mr. Corey would show only one hand at a time.

During what became about a half-hour standoff with the officers, Mr. Corey was talking, he smoked a cigarette, and he made a call on a cellular telephone. Mr. Corey told officers that he knew he had hit an officer with the car, and he wanted to know if the officer was all right. Mr. Corey was finally persuaded to surrender to the police. He was taken to a local hospital for treatment of a single gunshot wound to his left shoulder. (Because the bullet that struck Mr. Corey was not removed, it is not known which officer actually shot Mr. Corey.)

Officer Meserve sustained injuries to his knee and ankle, as well as abrasions and contusions, when he was struck and knocked down by the Ford Focus driven by Mr. Corey.

Kyle Corey was charged with theft, refusing to stop for an officer, aggravated assault, and assault on an officer. Richard Thorpe was charged with refusing to stop for an officer, theft, carrying a concealed weapon, and refusing to submit to arrest. Both individuals had extensive criminal records prior to the incident on November 8th in Lewiston. Mr. Corey?s criminal record dates back to 1987 and Mr. Thorpe?s back to 2000.

Analysis and Conclusion

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation in this matter was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution. The review did not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that unlawful deadly force is imminently threatened against the person or someone else, and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether a particular use of force is reasonable is based on the totality of the specific circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time shots were fired at Mr. Corey by Officer Meserve and Deputy Lovering, it was reasonable for both officers to believe that unlawful deadly force was imminently threatened against them, as well as other officers, and it was reasonable for both officers to believe that it was necessary for them to use deadly force to protect themselves and other officers from the imminent threat of deadly force posed by Mr. Corey?s actions. The Attorney General?s conclusions are based on an extensive scene investigation, interviews with numerous individuals, and review of all evidence made available from any source.

Oakland Man Pleads Guilty, Sentenced for Forgery of Absentee Ballot Documents

April 18, 2012

AUGUSTA ? Attorney General William J. Schneider announced that Byron L. Wrigley, Jr., 50, of Oakland was sentenced today following his pleas of guilty to three Class D counts of forgery for signing the name of two other voters on an application for an absentee ballot and two absentee ballot return envelopes.

Kennebec County Superior Court Justice Michaela Murphy sentenced Wrigley to 10 days incarceration to be served in Kennebec County?s alternative sentencing program.

Wrigley forged his adult children?s signatures on absentee ballot documents so that he could cast votes in their names in the November 2010 general election. Wrigley?s son was unaware that an absentee ballot was being cast in his name in Oakland and voted in person in Orono, where he attended the University of Maine. The Secretary of State?s Office identified the dual voting violation and referred the case to the Office of the Attorney General.

?Election-related fraud has serious consequences,? said Attorney General Schneider. ?Every instance of absentee ballot forgery harms all the voters of Maine. We will vigilantly safeguard the integrity of the voting process and deter others who may be tempted to engage in similar conduct.?

This case was investigated by Attorney General Schneider?s Investigations Unit. Assistant Attorneys General Michael J. Colleran and Leanne Robbin handled this matter for Attorney General Schneider?s Criminal Division.

Attorney General Schneider Joins State Workers in Prescription Drug Take-Back Drive

April 26, 2012

AUGUSTA ? Attorney General William J. Schneider joined state workers and retirees today in collecting prescription drugs as part of this week?s National Prescription Drug Take Back effort. Attorney General Schneider asked capital area state employees to ?lead the way? in safely disposing of unused and unwanted prescription drugs. Collection sites, attended by Capitol Police and Maine Drug Enforcement Administration officers, were available at the Eastside Wellness Center and outside the west entrance to the Statehouse.

The U.S. Drug Enforcement Administration (DEA) will hold the fourth nationwide Take Back Day this Saturday, April 28th from 10:00 to 2:00. Collection sites will be set up throughout the state and will be manned by local law enforcement agencies in partnership with public and private community leaders. To find a collection site near you, call your local police department or go to http://www.deadiversion.usdoj.gov/drug_disposal/takeback/

?The take-back effort is a way that each of us can help reduce the risk of drug diversion and protect the environment in Maine,? said Attorney General Schneider. ?I want to thank everyone who takes a few minutes to clean out their medicine cabinet and drop those drugs off at a local collection site. It?s easy ? no identification is necessary and no questions will be asked ? and it makes a difference.?

Maine ranked first in the nation for the amount of drugs collected per capita in the last three take-backs. Mainers participating in the October 2011 take-back turned in over 14,000 pounds of prescription drugs, ensuring that those unwanted medications would be removed from circulation and disposed of properly.

Attorney General Seeks Injunction Against Turner Man for Bias- Motivated Assault

April 26, 2012

AUGUSTA ? Attorney General William J. Schneider announced that a complaint was filed on April 24, 2012 in Androscoggin County Superior Court under the Maine Civil Rights Act against Ronald Champagne, age 50, of Turner.

The complaint alleges that on March 22, 2012 Champagne targeted a 60 year old man who was parked at the causeway boat launch on Route 4 in Auburn. The victim had stopped briefly at the causeway to adjust items in the back of his vehicle after leaving his evening shift at work around 11:00 p.m. According to the complaint, Champagne drove up to the victim?s car in his Cadillac, called him a homophobic epithet and threatened to ram him into the lake. The victim turned his car toward Auburn and Champagne pursued him at a high rate of speed. The victim dialed 911 from his cellular phone and during the call Champagne rammed the victim?s car. Champagne rammed the victim?s car a second time with such force that the phone flew out of the victim?s hand.

?We allege that the defendant engaged in a bias-motivated assault that directly interfered with the victim?s civil rights and ability to safely travel on our public roadways,? said Attorney General Schneider. ?No one should be placed in physical danger because of who they are or how they are perceived.?

Under the Maine Civil Rights Act, the Attorney General?s Office may obtain injunctions against individuals who use physical force or violence or the threat of physical force or violence motivated by bias against race, color, religion, sexual orientation, national origin, and physical or mental disability. Violations of those injunctions are Class D crimes punishable by up to 364 days in jail.

The Attorney General?s lawsuit seeks an injunction prohibiting Champagne from having any contact with the victim and from violating the Maine Civil Rights Act in the future.

Since 1992 the Maine Attorney General?s Office has obtained more than 200 civil rights injunctions on behalf of victims of hate crimes, often working in close collaboration with police departments and District Attorney?s offices throughout the state. There have only been eight criminal violations of these civil rights orders, all resulting in significant jail sentences.

In addition to the prosecution of cases, the Attorney General?s Office provides training and support to student civil rights teams in schools across Maine through the Civil Rights Team Project. The CRTP currently has student civil rights teams in approximately 200 schools and works to reduce the incidence of bias-motivated harassment and violence in schools and communities.

This case was investigated by the Auburn Police Department, the Androscoggin County Sheriff?s Department, and Attorney General Schneider?s Investigations Division. Assistant Attorney General Leanne Robbin is handling this matter for Attorney General Schneider?s Criminal Division.

Attorney General Schneider Joins National Highway Traffic Safety Administration, the State Attorneys General and Ad Council on Inaugural Stop the Texts Day

May 1, 2012

NASCAR Driver Kasey Kahne Featured in New Public Service Announcements to Encourage Young Drivers to Leave the Risky Driving to the Professionals

AUGUSTA ? Sixty percent of young adult drivers ages 16 to 24 said they have texted while driving, according to a national survey released by the Ad Council. To educate young adult drivers about the dangers of texting while driving, Attorney General William Schneider, the National Highway Traffic Safety Administration (NHTSA), the State Attorneys General and Consumer Protection Agencies, and the Ad Council today revealed new public service advertisements (PSAs) featuring NASCAR driver Kasey Kahne. The new PSAs are being unveiled today to coincide with the first nationwide Stop the Texts Day, and the start of National Youth Traffic Safety Month.

NHTSA reports that distracted driving is the number one killer of American teens. In 2010, more than 3,000 people were killed and an additional 416,000 were injured due to distracted driving, which includes texting while driving. Maine banned texting and driving in September 2011.

?Here in Maine we know the consequences of texting while driving,? said Attorney General Schneider. ?Those few seconds that your eyes are off the road can cause irreparable harm. It?s just not worth it.?

"I am glad that I was able to be a part of this project. The Ad Council folks do a good job of bringing awareness to causes such as this. Hopefully this will help people realize how dangerous texting while driving can be," said Kasey Kahne, NASCAR driver.

The goal of Stop the Texts Day is to extend the message of the ?Stop the Texts. Stop the Wrecks.? texting and driving prevention PSA campaign via social media in an effort to educate young drivers about the risks of texting while driving. Friends and parents of young adult drivers, and other safe driving advocates, are invited to share status updates from the campaign?s Facebook and Twitter pages throughout the day on why texting while driving is such a risky behavior. Additionally, supporters can write an open letter to young adults imploring them to not text while driving on the campaign?s Tumblr. A complete toolkit for Stop the Texts Day is also available to provide additional ways the public can participate.

Created pro bono by advertising agency RPA, the television, radio and digital PSAs remind young adult drivers that it is dangerous to do anything that takes your attention away from the road and serve as a reminder to leave the risky driving to the professionals. The PSAs direct audiences to stoptextsstopwrecks.org, a website where teens and young adults can find facts about the impact of texting while driving and tips for how to curb the behavior.

The Ad Council?s national survey released today also found that forty-four percent of young adult drivers ages16 to 24 say that friends are the most influential source to encourage them to curb their texting and driving habits, followed by their parents. Most notably, eighty-eight percent of texting drivers said a law against the behavior would encourage them to completely stop or be less likely to text while driving. Additionally, ninety-six percent of young adult drivers said large fines, a suspended license and/or jail time, higher insurance rates and other financial and legal consequences would encourage them not to text while driving.

The online survey, commissioned by the Ad Council, was conducted in partnership with ORC International?s Online CARAVAN® Youth Omnibus. Research was conducted nationwide from April 3 to 6, 2012. The sample consisted of 862 teens and young adults between the ages of 16 and 24. All respondents were required to have a valid driver?s license, junior license or learner?s permit.

Since 2006, the Ad Council has partnered with the State Attorneys General to address reckless driving among teens. To date the campaign has received more than $98.2 million in donated media support. For more than twenty-five years, the Ad Council and NHTSA have worked together on consumer safety PSA campaigns. For more information visit www.adcouncil.org.

For more than four decades, the NHTSA has served as the key federal agency charged with improving safety on our nation?s roadways. As part of the U.S. Department of Transportation, NHTSA is working to reduce traffic-related deaths and injuries by promoting the use of safety belts and child safety seats; helping states and local communities address the threat of drunk drivers; regulating safety standards and investigating safety defects in motor vehicles; establishing and enforcing fuel economy standards; conducting research on driver behavior and traffic safety; and providing consumer information on issues ranging from child passenger safety to impaired driving. For more information visit www.nhtsa.gov.

Attorney General Schneider and 46 Civil Rights Teams from Schools across Maine Attend Diversity Day at Hadlock Field

May 7, 2012

AUGUSTA ? Attorney General William J. Schneider, 650 students from schools throughout Maine and the Portland Sea Dogs will celebrate ?Diversity Day? at Hadlock Field tonight. The students are members of civil rights teams working with the Maine Civil Rights Team Project to increase school safety and reduce the incidence of bias-motivated harassment and violence.

The Civil Rights Team Project is housed in the Office of the Attorney General and is a school-based program aimed at increasing the safety of high school, middle school and elementary school students regardless of race, national origin, religion, disability, gender or sexual orientation.

?We want to recognize our student civil rights teams for encouraging students to see differences as positive,? said Attorney General Schneider. ?These young leaders and their dedicated advisors are creating a culture of respect in their schools and communities. I want to thank the Sea Dogs for putting the spotlight on these great kids and the Civil Rights Team Project.?

The pre-game ceremony begins at 5:25 p.m. and will include recognition of the teams and the first pitch from the attorney general. The Portland Sea Dogs take on the New Hampshire Fisher Cats beginning at 6:00 p.m.

For more information about the Civil Rights Team Project, contact Brandon Baldwin at (207) 626-8548 or Brandon.baldwin@maine.gov

Attorney General Schneider Reaches Settlement With Abbott Laboratories

May 7, 2012

Case resolves company?s wrongful marketing of prescription drug Depakote

AUGUSTA ? Attorney General Schneider and the attorneys general of 44 other states and the District of Columbia today announced a $100 million settlement with Abbott Laboratories over allegations of illegal off-label marketing of its Depakote drug.

The agreement marks the largest consumer protection-based pharmaceutical settlement ever reached. Maine will receive nearly $1.2 million and the Illinois-based Abbott will be restricted from marketing the drug for off-label uses not approved by the U.S. Food and Drug Administration.

?Promoting drugs for unapproved uses is illegal,? said Attorney General Schneider. ?Abbott is being held accountable for marketing the off-label use of Depakote without reliable proof of its efficacy.?

In a complaint filed today along with the settlement agreement, the states alleged Abbott engaged in unfair and deceptive practices when it marketed Depakote for off-label uses. Depakote is approved for treatment of seizure disorders, mania associated with bipolar disorder and prophylaxis of migraines, but the attorneys general alleged Abbott marketed the drug for treating unapproved uses, including schizophrenia, agitated dementia and autism.

As a result of the states? investigation, Abbott has agreed to significantly change how it markets Depakote and to cease promoting off-label uses.

Under the settlement, Abbott Laboratories is: 1. Prohibited from making false or misleading claims about Depakote

  1. Prohibited from promoting Depakote for off-label uses, and

  2. Required to ensure financial incentives on sales do not promote off-label uses of Depakote.

In addition, for a five-year period Abbott must: 1. Limit the creation and use of responses to requests by physicians for non-promotional information about off-label uses of Depakote,

  1. Limit dissemination of reprints of clinical studies relating to off-label uses of Depakote,

  2. Limit use of grants and CME,

  3. Disclosure of payments to physicians, and

  4. Register and disclose clinical trials.

Attorneys General of the District of Columbia and the following states participated in today?s settlement: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin.

Lewiston Man Sentenced for Food Stamp and Public Assistance Benefits Fraud

May 8, 2012

AUGUSTA ? Attorney General William J. Schneider announced that David M. Stain, 46, of Lewiston, pled guilty to two counts of Class C theft and was sentenced yesterday for stealing Food Stamps and Public Assistance Benefits in the amount of $11,001.

Androscoggin County Superior Court Justice Mary Gay Kennedy sentenced Stain to one year in jail, all but 60 days suspended, and one year probation with the requirement that he pay restitution. Stain admitted that during a two year period he obtained $9,407 in public assistance from the City of Lewiston by failing to disclose that his wife, who also receives public benefits, was living in his household.

Stain also admitted stealing $1,600 in benefits from the Supplemental Nutrition Assistance Program (Food Stamps) by selling his Electronic Benefits Transfer Card (EBT card) with $200 of monthly benefits to his sister for eight months and providing her with his PIN number so that she could access the benefits. Stain used the cash to buy cigarettes.

?We will continue to work with DHHS and local law enforcement agencies to hold benefit recipients accountable for the proper use of our limited resources,? said Attorney General Schneider. ?Food stamps and general assistance are designed to give our neighbors a hand in a time of need, not maintain a lifestyle through fraud and illegal trafficking.?

This case was investigated by the Lewiston Police Department and the Maine Department of Health and Human Services Fraud Investigation and Recovery Unit. Assistant Attorney General Darcy Mitchell handled this matter for Attorney General Schneider?s Criminal Division.

Report of the Attorney General on the Use of Deadly Force by State Game Warden on November 10, 2011 in Rumford

May 9, 2012

Facts

On Thursday, November 10, 2011, Eric Richard, 46, of Rumford, was shot and killed by Game Warden Jeremy Judd during an armed confrontation in the woods behind Richard?s residence in Rumford.

Jeremy Judd has been a state game warden for nine years. On November 10, 2011, he was dispatched to Rumford to help search for Eric Richard, 46, of Rumford. Warden Judd learned that Mr. Richard was a parttime police officer and worked fulltime for the Rumford Police Department as an administrative officer. Warden Judd also learned that Mr. Richard was potentially suicidal and armed with at least a handgun. He was told that Mr. Richard had ventured by himself into a wooded area behind his residence in Rumford the previous evening and had not returned home. Through the night, after the discovery of a note left by Mr. Richard in which he suggested suicidal intent, several unsuccessful attempts were made by other officers to contact him.

A search team was assembled, which consisted of Warden Judd, two other game wardens, and two State Police troopers, one of whom was accompanied by a tracking dog. All five officers were in uniform. The members of the search team, as well as family members and other law enforcement officials associated with the attempts to locate Mr. Richard, were aware that Mr. Richard was disheartened because he was being investigated in his capacity as an officer of the Rumford Police Department. It was learned that Mr. Richard, upon leaving work the day before, had informed the duty sergeant at the police department that he would not be into work the next day.

After about an hour of searching in the woods, the tracking dog led the five searchers to an area at the base of a rock ledge where Mr. Richard was observed sitting on the ground wrapped in a tarp and large plastic bags. It appeared that Mr. Richard had spent the night in that location and used the tarp and plastic bags to keep warm. Because of Mr. Richard?s motionless stance and his failure to recognize the presence of the searchers, some of the members of the search team thought that he was deceased. Members of the search team instructed Mr. Richard to ?show your hands,? and one of the troopers warned Mr. Richard that a dog would be sent in if he did not comply with the instructions. One member of the team, who personally knew Mr. Richard, identified himself and addressed Mr. Richard by name, but Mr. Richard still did not move or otherwise respond. As the search team got closer, Warden Judd, who was about 15-20 feet away, saw Mr. Richard turn his head and look in his direction. At the same time, Mr. Richard removed his right hand from under the tarp and displayed a handgun. Mr. Richard pointed the handgun at Warden Judd and other officers in the search team. Several members of the search team observed this action by Mr. Richard and shouted commands for him to drop the gun. Warden Judd fired three rounds at Mr. Richard from the .223 caliber rifle he was carrying. Later investigation determined that all three rounds struck Mr. Richard, resulting in his death at the scene.

Detectives from the Office of the Attorney General went to the scene to conduct an investigation. They were assisted by several members of the State Police, as well as members of the Maine Warden Service, the Rumford Police Department, and the Oxford County Sheriff?s Office. The deputy chief state medical examiner, Dr. Michael Ferenc, conducted an investigation at the scene and later conducted an autopsy in Augusta, as a result of which he determined the cause of Mr. Richard?s death to be multiple gunshot wounds. The weapon brandished by Mr. Richard was a fully loaded and ready to fire 9mm semi-automatic pistol.

Analysis and Conclusion

The Attorney General is charged by law with investigating the circumstances under which any law enforcement officer uses deadly force in Maine while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution. The review does not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or someone else, and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether deadly force by a law enforcement officer is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time Warden Judd fired his weapon at Mr. Richard, it was reasonable for Warden Judd to believe that deadly force was imminently threatened against him and other officers, and it was reasonable for Warden Judd to believe that it was necessary for him to use deadly force to protect himself and the other officers from the imminent threat of deadly force posed by Mr. Richard?s actions.

Report of the Attorney General on the Use of Deadly Force by Farmington Police Officer on November 19, 2011

May 14, 2012

Facts

Late Saturday morning, November 19, 2011, Justin Crowley-Smilek, 28, of Farmington, was shot and killed by Farmington police officer Ryan Rosie during an armed confrontation in front of the Farmington Town Hall.

Officer Rosie, who was hired by the Farmington Police Department in June 2011, was working the day shift on November 19, 2011. He would be joined later in the morning by Officer Ted Neil. Both officers were in uniform. They were inside the police station shortly before 11 a.m. when someone activated a buzzer that alerts officers inside the building that someone is waiting outside the building to speak with an officer. It is also a voice communication connection to the Regional Communication Center in Farmington. After hearing the buzzer, Officers Rosie and Neil checked the front and rear entrances of the building, but found no one. A short time later, the buzzer sounded a second time and the officers again checked the front and rear entrances to the building, and found no one.

After answering the buzzer the second time, Officer Rosie received a telephone call from the Regional Communications Center informing him that a person was waiting outside the police department to speak with an officer. He was also told that the person refused to provide his name and said that ?there had better be two officers.? This was at 11:01 a.m. Officer Rosie went to the front entrance of the building. He observed no one until he stepped outside the building where he saw a man ? later identified to be Justin Crowley-Smilek ? walking away. Officer Rosie shouted, ?Sir, can I help you?? Mr. Crowley-Smilek did not respond. He continued to walk away toward the street. Officer Rosie shouted again and Mr. Crowley-Smilek stopped walking, turned around and, with his hands in his coat pockets, started walking at a brisk pace straight toward Officer Rosie. He did not speak. Officer Rosie did not know the man.

Officer Rosie tried to engage Mr. Crowley-Smilek in conversation, but was unsuccessful. Mr. Crowley-Smilek continued walking swiftly toward the officer. When he was about half-way to Officer Rosie?s position, Officer Rosie instructed him to take his hands out of his pockets. Mr. Crowley-Smilek did not comply. He continued to advance on Officer Rosie. Officer Rosie?s fully marked police cruiser was parked nearby in front of the town hall. Officer Rosie moved to the front of the cruiser so that it would be between him and the still advancing Mr. Crowley-Smilek. Before reaching the rear of the cruiser, Mr. Crowley-Smilek took his hands from his coat pockets and in his left hand he was holding a black handled knife with an exposed blade. (It was later determined that the kitchen-type butcher knife was 13 inches long with an eight-inch blade and five-inch handle.) Mr. Crowley-Smilek held the knife out at arm?s length in front of his body in a threatening display toward Officer Rosie as he continued moving toward the officer.

Officer Rosie drew his service weapon when he saw the knife. He asked Mr. Crowley-Smilek what he was doing and Mr. Crowley-Smilek responded, ?You?d better kill me now.? Mr. Crowley-Smilek ran at Officer Rosie and Officer Rosie responded by moving away from him. Officer Rosie continued to match Mr. Crowley-Smilek?s moves while keeping the cruiser between them. While Mr. Crowley-Smilek chased Officer Rosie, he repeated two more times, ?You?d better kill me now.?

At 11:05 a.m., Officer Rosie used his lapel microphone to call for help. Officer Rosie continued to match Mr. Crowley-Smilek?s movements including changing directions in response to Mr. Crowley-Smilek. By now, Officer Rosie was near the front of the cruiser and Mr. Crowley-Smilek, who was still holding the knife out in front of him, charged at Officer Rosie. Officer Rosie fired his weapon until Mr. Crowley-Smilek, struck by the gunfire, fell to the ground.

When Officer Rosie approached Mr. Crowley-Smilek, Mr. Crowley-Smilek said, ?Kill me.? Mr. Crowley-Smilek?s left arm and hand was beneath his body and Officer Rosie, while asking him if he had more weapons, pulled his arm out to check for weapons. At this point, Officer Neil came out of the police station and, seconds later, Detective Marc Bowering was on scene. Mr. Crowley-Smilek died at the scene shortly after being shot.

Detectives from the Office of the Attorney General went to the scene to conduct an investigation. They were assisted by several members of the State Police, as well as members of the Farmington Police Department, and the Franklin County Sheriff?s Office. Dr. Margaret Greenwald, the chief state medical examiner, conducted an investigation at the scene and later conducted a post-mortem examination in Augusta. She determined the cause of Mr. Crowley-Smilek?s death to be multiple gunshot wounds.

Analysis and Conclusion

The Attorney General is charged by law with investigating the circumstances under which any law enforcement officer uses deadly force in Maine while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution. The review does not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that unlawful deadly force is imminently threatened against the person or someone else, and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether deadly force by a law enforcement officer is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time Officer Rosie fired his weapon at Mr. Crowley-Smilek, it was reasonable for Officer Rosie to believe that deadly force was imminently threatened against him, and it was reasonable for Officer Rosie to believe that it was necessary for him to use deadly force to protect himself from the imminent threat of unlawful deadly force posed by the actions of Mr. Crowley-Smilek.

Attorney General Schneider Announces Settlement with Skechers for Deceptive Shoe Advertising

May 16, 2012

AUGUSTA ? Attorney General William J. Schneider announced today that Maine reached a settlement with Skechers USA, Inc., the makers of Shape-Ups, Tone-Ups and the Skechers Resistance Runner athletic shoes, to resolve allegations that the company made unsubstantiated health claims about its rocker-bottom products.

Maine, along with 43 other states and the District of Columbia, filed consent judgments in conjunction with a settlement the company reached with the Federal Trade Commission (FTC). The aggregate settlement amount between the FTC and the states is $45 million, the largest ever truth-in-advertising case of its kind that will result in consumer restitution. Of the total $5 million payment to the states, Maine will receive $74,715.

?Fitness-conscious consumers paid a premium for shoes that Skechers aggressively marketed as achieving almost magical calorie burning and muscle toning results,? said Attorney General Schneider. ?This victory for consumers will require Skechers to pay refunds and stop making claims without reliable scientific evidence.?

The complaint filed today by the attorney general alleges that Skechers made health-related claims in the marketing, packaging, advertising, offering, and selling of its line of rocker-bottom shoe products including Shape-ups, Tone-ups, and the Skechers Resistance Runner that were not adequately substantiated at the time the claims were made.

Skechers claimed that these rocker-bottom shoe products caused consumers to lose weight, burn calories, improve circulation, fight cellulite, and firm, tone or strengthen thigh, buttock, and back muscles.

Under the settlement, Skechers is prohibited from making these claims without adequate substantiation.

Consumers who purchased Shape-Ups, Tone-Ups, or the Skechers Resistance Runner may be eligible for a partial refund. For information about filing a claim, go to http://www.ftc.gov/skechers or call toll free at (866) 325-4186.

Attorneys General of the District of Columbia and the following states participated in today?s settlement: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, Washington, West Virginia, Wisconsin; The State of Hawaii?s Office of Consumer Protection, and the State of Georgia?s Governor?s Office of Consumer Protection.

Assistant Attorney General Carolyn A. Silsby handled this matter for Attorney General Schneider?s Consumer Protection Division.

Maine Medicaid Program Receives $1.1 Million in Vioxx Settlement

May 18, 2012

AUGUSTA ? Attorney General William J. Schneider announced today that Maine has received payment of more than $1.1 million in a nationwide settlement with pharmaceutical manufacturer Merck Sharp & Dohme Corp. (Merck) involving allegations of off-label marketing and failure to disclose potential adverse health effects of the painkiller Vioxx.

The settlement agreement, reached with the United States and 43 states and the District of Columbia in November 2011, resolved allegations that Merck marketed it drug Vioxx for uses not approved by the United States Food and Drug Administration (FDA), misrepresented the cardiovascular safety issues related to the drug and otherwise made false and misleading representations about Vioxx.

Merck paid the states and the federal government a total of $615 million in civil damages and penalties to resolve claims on behalf of the Medicaid, Medicare and other federally-funded healthcare programs.

Vioxx (generic name rofecoxib) is a non-steroidal anti-inflammatory medication that was approved by the FDA in 1999 for the treatment of osteoarthritis, acute pain conditions and dysmenorrhea. Once approved by the FDA, a manufacturer may not market or promote a drug for any use not specified in the FDA-approved product label. These uses are also known as unapproved or ?off-label? uses.

On September 30, 2004 Merck voluntarily withdrew Vioxx from the market worldwide, citing an increase in the incidence of heart attacks and strokes in patients taking Vioxx. This settlement resolves allegations that Merck marketed Vioxx for the treatment of rheumatoid arthritis before the FDA approved the drug for that use and that Merck made inaccurate, misleading and unsupported statements about Vioxx?s cardiovascular safety in order to increase sales of the drug.

The misleading representations caused physicians to write prescriptions for Vioxx that they otherwise would not have written, resulting in Medicaid paying for prescriptions that should not have been submitted for reimbursement.

?The big payout by Merck follows multi-year investigations and extensive civil and criminal litigation,? said Attorney General Schneider. ?Especially where patient safety is at risk, we will work diligently with our state and federal partners to hold drug makers accountable for fraud and abuse and safeguard the taxpayer dollars that fund essential healthcare services for our most needy citizens.?

Assistant Attorney General Michael Miller, Director of Attorney General Schneider?s Healthcare Crimes Unit, handled this matter.

The Healthcare Crimes Unit is the Medicaid Fraud Control Unit for the State of Maine charged with investigating and prosecuting financial fraud and other crimes committed by MaineCare providers or their employees, and investigating and prosecuting abuse, neglect or exploitation of elderly and dependent persons that occurs in health care facilities or by health care providers.

To learn more about the Office of the Attorney General Healthcare Crimes Unit, go to: http://www.maine.gov/ag/crime/crimesweprosecute/healthcare_crimes.shtml

Scarborough Man Sentenced For Stealing From American Legion

May 30, 2012

AUGUSTA ? Attorney General William J. Schneider announced that Ryan J. Byther, age 36, of Scarborough, was sentenced yesterday for stealing $50,000 from the American Legion Post 56 of York. York County Superior Court Justice O?Neil sentenced Byther to five years of incarceration with all but six months suspended; three years of probation; and restitution in the amount of $50,000.

After a two day trial last February, a jury returned a guilty verdict on a one-count indictment that charged Byther with Class B Theft by Deception.

Byther, a general contractor working for the American Legion on a new building project in early 2008, represented to Legion officials that he was an experienced professional fundraiser and could manage their $2 million fundraising campaign. Evidence introduced at trial showed that Byther had no fundraising experience and had never been licensed as a professional fundraiser in Maine.

As a result of his deception, Byther obtained a $50,000 retainer from the American Legion in March, 2008. Byther never raised any funds for the Legion. Instead, he spent the $50,000 on his other business pursuits and expenses, including the Prost Tap House and Club Onyx, a bar and nightclub that Byther opened in the Old Port of Portland in June of 2008 and that failed several months later.

?The American Legion is a valuable resource to so many in the York area,? said Attorney General Schneider. ?Stealing from this kind of community based organization really takes away from Maine families and neighborhoods. This sentence reflects the seriousness and impact of this crime.?

This case was investigated by the Attorney General?s Investigations Unit and the York Police Department. Assistant Attorney General Michael J. Colleran handled this matter for Attorney General Schneider?s Criminal Division.

Maine Receives State Portion of Funds in Mortgage Servicing Settlement

June 1, 2012

Foreclosure Prevention and Legal Assistance to Homeowners Programs to Benefit

AUGUSTA ? Attorney General William J. Schneider announced that Maine has received the state portion of settlement funds from the landmark $25 billion joint federal-state agreement over foreclosure abuses, fraud and unacceptable nationwide mortgage servicing practices.

The state received a direct payment of $6.9 million for continued funding of state foreclosure prevention programs, legal assistance to homeowners in foreclosure, and compensation to the state?s general fund.

?These prohibited foreclosure practices were costly to individual Maine borrowers and strained foreclosure prevention programs and safety net services across the state,? said Attorney General Schneider. ?Funds received through this settlement are targeted to get relief directly to homeowners through existing programs with proven records of success and offset some of the cumulative impact through compensation to the state?s general fund.?

In addition to the direct payment to the state, Maine?s borrowers who are in default on their mortgages will receive an estimated $7 million in direct borrower relief through principal reduction, short sales, borrower transition efforts, and other mortgage modification measures. Maine?s borrowers who lost their home to foreclosure from January 1, 2008 through December 31, 2011 qualify for a cash payment from a $1.9 million fund set aside for this purpose. The value of refinanced loans to Maine?s underwater borrowers who are current on their loans is estimated at $4.5 million.

?This settlement resulted from claims that national lenders used unfair foreclosure procedures,? said Will Lund of the Bureau of Consumer Credit Protection, which administers Maine's foreclosure diversion program. "It is appropriate that a portion of the funds will be used to assist Maine families obtain loan modifications so they can stay in their homes."

The Bureau of Consumer Credit Protection foreclosure prevention program matches Maine based U.S. Housing and Urban Development (HUD) certified counselors with distressed homeowners. Consumers facing mortgage delinquency and default can contact 1-888-NO-4- CLOZ (1-888-664-2569).

Increasing demand for services and limited resources have impacted the ability of low-income homeowners facing foreclosure to get affordable legal assistance in Maine. Pine Tree Legal will use funding from this settlement to restore staff capacity in order to accept new foreclosure cases.

?We are extremely excited to be a recipient of the funding through the Attorney General,? said Chet Randall, Attorney at Pine Tree Legal. ?Without this funding, we faced shutting down our foreclosure prevention work. The Pine Tree Board and staff will discuss the best way to manage this funding over a two to three year period in order to provide targeted legal services to those who can benefit most from this service.?

Homeowners in need of legal assistance can contact Pine Tree Legal local offices with questions. Go to http://www.ptla.org for more information.

Go to http://www.NationalForeclosureSettlement.com for more information on this settlement, including frequently asked questions.

To find out if you are eligible for any of the benefits of the settlement contact your mortgage servicer: Ally/GMAC: 800-766-4622 Bank of America: 877-488-7814 Citi: 866-272-4749 Chase: 866-372-6901 Wells Fargo: 800-288-3212

Political Survey Robo-Call Scam Alert

June 1, 2012

AUGUSTA ? Attorney General William J. Schneider is warning consumers about a sham political robo-call that disguises a vacation timeshare sales pitch as election poll questions.

A group called Political Opinions of America uses an automated voice to ask a three-question ?poll?. After answering, Caribbean Cruise Lines comes on the line and offers the consumer a free cruise for taking the survey. The free offer requires a ?port fee or tax? to be paid by credit card over the phone. Allegedly, the cruise is designed to expose people to sales pitches for vacation timeshares.

?Legitimate campaign calls can be expected during election season and the information that pollsters obtain from voters is valuable to the campaign process,? said Attorney General Schneider. ?A bona fide survey will not try to reward you with a free service or sell you something.?

The Federal Trade Commission?s Do Not Call Registry bans unsolicited pre-recorded sales calls to any number on the list. For more information, go to:

http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt107.shtm

www.donotcall.gov

If you think you have experienced a survey scam, call the Attorney General?s Consumer Protection Hotline at (207)626-8849.

Attorney General Seeks Injunction against Maine Man for Civil Rights Violation

June 5, 2012

AUGUSTA ? Attorney General William J. Schneider announced that a complaint was filed on May 29, 2012 in Androscoggin County Superior Court under the Maine Civil Rights Act against Joshua Drew, age 27, for using violence or the threat of violence against multiple women based on his bias against their gender. Drew is currently incarcerated at the Cumberland County Jail.

Drew has a history of domestic violence assaults and acts of terrorizing against women, with convictions in Kennebec, Somerset and Androscoggin Counties. In 2011 Drew became enraged when told to leave the home of a female victim. He came up from behind and choked her, kicked her in the back of the head bringing her to the ground, kicked her in the face, and killed her kitten.

The complaint alleges that Drew has specifically expressed hatred against women generally, stating in writing at one of the jails in which he was incarcerated, ?Is there really any question or wondering why I keep coming back to jail for the exact same thing? Domestic Assault/Why is it that every woman that comes near me finds a way to [expletive] me over? Every last one of you does nothing but fuel my hatred and anger towards women. I do not feel remorse and I am not sorry for the things I have done. My only regret is that I didn?t do worse to the women I assaulted.?

Under the Maine Civil Rights Act, the Attorney General?s Office may obtain injunctions against individuals who use physical force or violence or the threat of physical force or violence motivated by bias against race, color, religion, sex, ancestry, sexual orientation, national origin, and physical or mental disability. Violations of those injunctions are Class D crimes punishable by up to 364 days in jail and a $2,000 fine.

The Attorney General?s lawsuit seeks an injunction prohibiting Drew from having any contact with his past victims and from violating the Maine Civil Rights Act in the future.

?It is rare to have evidence of a civil rights violation motivated purely by bias against all women,? said Attorney General Schneider. ?The Civil Rights Act is one tool to stop violence against women based on this kind of seething hatred of women as an entire class of people.?

Since 1992 the Maine Attorney General?s Office has obtained more than 200 civil rights injunctions on behalf of victims of hate crimes, often working in close collaboration with police departments and District Attorney?s offices throughout the state. There have only been nine criminal violations of these civil rights orders, all resulting in significant jail sentences.

In addition to the prosecution of cases, the Attorney General?s Office provides training and support to student civil rights teams in schools across Maine through the Civil Rights Team Project. The CRTP currently has student civil rights teams in approximately 200 schools and works to reduce the incidence of bias-motivated harassment and violence in schools and communities.

This case was investigated by Attorney General Schneider?s Investigations Division with assistance from the Maine Department of Corrections, Livermore Falls Police Department, Augusta Police Department, Madison Police Department, Kennebec County Sheriff?s Office and the Somerset County Sheriff?s Office. Assistant Attorney General Leanne Robbin is handling this matter for Attorney General Schneider?s Criminal Division.

Former Alfred Lawmaker Pleads Guilty, Sentenced for Forgery and Theft

June 14, 2012

AUGUSTA ? Attorney General William J. Schneider announced that David R. Burns, 44, of Alfred was sentenced today following his pleas of guilty to three counts of forgery and three counts of theft, all misdemeanors.

York County Superior Court Justice Paul Fritzsche sentenced Burns to 364 days incarceration, all but six months suspended, and one year administrative release following his release from jail. Burns must pay $2,384 in restitution.

Burns won House District 138 as a Maine Clean Election Act candidate in 2010, representing Alfred, Limerick, Newfield and Shapleigh. A random audit conducted by the Maine Commission on Governmental Ethics and Election Practices revealed multiple violations of campaign finance laws. Burns transferred public campaign funds from his campaign account to his personal account to pay for non-campaign related bills and expenses. In response to auditor requests for original vendor invoices for expenses identified in campaign finance reports, Burns produced forged receipts for campaign payments that had not occurred.

Burns resigned his seat in late January, 2012 shortly before being indicted on February 8, 2012.

?This six month sentence sends a strong message to potential Clean Election candidates,? said Attorney General Schneider. ?Public campaign funds must be used strictly for election expenses and those expenditures must be well-documented. Legislators have a special duty to tell the truth in response to Ethics Commission inquiries. Using lies and deception to avoid responsibility is never acceptable, but this conduct by an elected official is particularly egregious.?

This case was investigated by Attorney General Schneider?s Investigations Unit. Assistant Attorney General Leanne Robbin handled this matter for Attorney General Schneider?s Criminal Division.

Solicitation Disguised as Invoice Scam Alert

June 15, 2012

AUGUSTA ? Attorney General William J. Schneider is warning schools, businesses, municipalities and other government agencies about a mailing that appears to be a bill for services rendered but is a disguised solicitation that may mislead recipients to pay for services that were neither ordered nor received.

The mailings, from a California-based company called UST, appear to be bills requesting payment for telecom maintenance agreements in the sum of $425. The billing invoices contains no product information and no indication that a contract is offered, giving the misleading impression that the service has been rendered and payment is now due.

?We have heard from local school and city purchasing agents who received these invoices but had never done business with this company,? said Attorney General Schneider. ?This solicitation is a ruse and organizations should not be fooled into paying for something they never ordered.?

U.S. postal regulations do not allow the mailing of a bill-type advertisement or solicitation without a clear disclaimer. This disclaimer must be in very large type and must be in boldface capital letters in a color that contrasts prominently with the background against which it appears.

For more information go to:

Federal Trade Commission http://www.ftc.gov (877) 382-4357

Better Business Bureau http://maine.bbb.org (508)652-4888

U.S. Postal Inspection Service http://postalinspectors.uspis.gov (877) 876-2455

Attorney General Schneider Statement on the U.S. Supreme Court Health Care Decision

June 28, 2012

AUGUSTA ? Attorney General William J. Schneider announced today that the United States Supreme Court, in a 5 to 4 decision, largely upheld the Patient Protection and Affordable Care Act, including in particular the individual mandate. However, the Court specifically sided with the States regarding the efforts of the federal government to use Medicaid funding to force the States to expand programs beyond their own policy choices.

?The Supreme Court today held that the penalty that an individual must pay for refusing to buy insurance is a kind of tax that Congress can impose using its taxing power,? said Attorney General Schneider. ?The individual mandate does not withstand constitutional scrutiny if Congress uses the Commerce Clause as the source of its power, and the mandate could not have politically withstood the opinion of the American people if it had been branded a tax when the law was being devised.?

Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for the provision that required States to comply with new eligibility requirements for Medicaid or risk losing their funding. On that question, the Court held that the provision is constitutional as long as States would only lose new funds if they didn't comply with the new requirements, rather than all of their funding.

The Court held: ?What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding.? In doing so, the Court protected the States? rights and prerogatives.

?The expansion of Medicaid on the backs of state budgets through all-or-nothing bullying tactics was rejected by the Court,? said Schneider. ?We are carefully reviewing the decision to evaluate how this will specifically impact Maine.?

Attorney General Schneider and 25 other state attorneys general, the National Federation of Independent Business and four individual plaintiffs in State of Florida, et al. v. United States Health and Human Services, et al., challenged the federal health care overhaul law as an unconstitutional expansion of the commerce powers of Congress.

Supporting documents

ACA Supreme Court Decision (PDF)

GlaxoSmithKline to Pay $4.4 Million to MaineCare Program in Nation?s Largest Ever Healthcare Fraud Settlement

July 2, 2012

$3 Billion Total to Resolve Drug Marketing and Pricing Claims

AUGUSTA ? Attorney General William J. Schneider announced today that Maine, various other states and the federal government reached an agreement for the largest healthcare fraud settlement in U.S. history. Under the terms of the settlement, GlaxoSmithKline (GSK) has agreed to pay $3 billion to resolve allegations of unlawful promotion of certain prescription drugs, failure to report certain safety data, and false price reporting practices.

GSK will pay to the states and the federal government a total of $2 billion in damages and civil penalties to compensate various federal healthcare programs, including Medicaid, for harm allegedly suffered as a result of the illegal conduct. In addition, GSK has agreed to plead guilty to federal criminal charges relating to drug labeling and FDA reporting and will pay a $1 billion criminal fine in connection with those allegations.

As part of this settlement, Maine will receive a total of $4,402,994.

?This worldwide pharmaceutical heavyweight put the health of patients at risk and imposed enormous costs on Medicaid and taxpayers,? said Attorney General Schneider. ?Today?s outsized multi-billion dollar settlement should alert even the largest corporations that they will be held accountable for healthcare fraud.?

The state and federal governments alleged that GSK engaged in a pattern of unlawfully marketing certain drugs for uses for which the drugs were not approved by the Food and Drug Administration (FDA); making false representations regarding the safety and efficacy of certain drugs; offering kickbacks to medical professionals; and underpaying rebates owed to government programs for various drugs paid for by Medicaid and other federally-funded healthcare programs. Specifically, the government alleged that GSK engaged in the following activities:

? Marketing the depression drug Paxil for off-label uses, such as use by children and adolescents;

? Marketing the depression drug Wellbutrin for off-label uses, such as for weight loss and treatment of sexual dysfunction, and at higher-than-approved dosages;

? Marketing the asthma drug Advair for off-label uses, including first-line use for asthma;

? Marketing the seizure medication Lamictal for off-label uses, including bipolar depression, neuropathic pain, and various other psychiatric conditions;

? Marketing the nausea drug Zofran for off-label uses, including pregnancy-related nausea;

? Making false representations regarding the safety and efficacy of Paxil, Wellbutrin, Advair, Lamictal, Zofran, and the diabetes drug Avandia;

? Offering kickbacks, including entertainment, cash, travel, and meals, to healthcare professionals to induce them to promote and prescribe Paxil, Wellbutrin, Advair, Lamictan, Zofran, the migraine drug Imitrex, the irritable bowel syndrome drug Lotronex, the asthma drug Flovent, and the shingles and herpes drug Valtrex; and

? Submitting incorrect pricing data for various drugs, thereby underpaying rebates owed to Medicaid and other federal healthcare programs.

The settlement is based on four qui tam actions brought by private individuals pursuant to state and federal false claims acts and filed in or transferred to the United States District Court for the District of Massachusetts, as well as investigations conducted by the U.S. Attorney?s Office for the District of Massachusetts and the Civil Frauds Division of the U.S. Department of Justice.

Maine was represented by Assistant Attorney General Michael Miller, Director of the Healthcare Crimes Unit.

The Healthcare Crimes Unit is the Medicaid Fraud Control Unit for the State of Maine charged with investigating and prosecuting financial fraud and other crimes committed by MaineCare providers or their employees, and investigating and prosecuting abuse, neglect or exploitation of elderly and dependent persons that occurs in health care facilities or by health care providers.

To learn more about the Office of the Attorney General Healthcare Crimes Unit, go to: http://www.maine.gov/ag/crime/crimesweprosecute/healthcare_crimes.shtml

Lewiston Man Sentenced for Food Stamp Benefits Fraud

July 3, 2012

AUGUSTA ? Attorney General William J. Schneider announced that Robert W. Baylor, 35, of Lewiston, pled guilty to one count of Class C theft by deception and was sentenced on June 28, 2012 for stealing $2,800 in benefits from the Supplemental Nutrition Assistance Program (Food Stamps).

Androscoggin County Superior Court Justice Clifford sentenced Baylor to one year in jail, all but 30 days suspended, and one year probation with the requirement that he pay full restitution.

Baylor was charged with stealing 14 months of Food Stamp benefits by selling his Electronic Benefits Transfer Card (EBT card) with $200 of monthly benefits to another individual, Christopher Frazier, for $100 per month. As part of the EBT trafficking scheme, Baylor provided Frazier with the EBT card and his assigned PIN number in exchange for the cash. An EBT card operates like an ATM card at eligible locations and requires that the card be swiped and the PIN number entered at the store checkout.

Baylor admitted that when Frazer did not pay the $100 cash, he would contact the Maine Department of Health and Human Services and have his card cancelled and replaced. When Frazier finally paid, Baylor would hand over the new EBT card and new PIN number.

?An EBT card loaded with State benefits is not a commodity to be bought and sold,? said Attorney General Schneider. ?Taxpayers should not foot the bill for those who use Food Stamp fraud and illegal trafficking to put cash in their pockets.?

This case was investigated by the Lewiston Police Department and the Maine Department of Health and Human Services Fraud Investigation and Recovery Unit. Assistant Attorney General Darcy Mitchell handled this matter for Attorney General Schneider?s Criminal Division.

Attorney General Schneider Announces Prescription Drug Abuse Task Force Interim Report

July 5, 2012

The Maine Prescription Drug Abuse Task Force established by Executive Order on February 1, 2012 presented an Interim Report to Governor LePage and Legislative leaders today.

“Prescription drug abuse is a complex problem throughout Maine and will require innovative solutions – a challenge that our Task Force is already tackling,” said Attorney General Schneider in his letter accompanying the Interim Report. “I am confident in the abilities of the Task Force and its ability to meet the four goals set forth in Executive Order 2012-002. Some of the resulting actions will require legislation and funding. The Task Force will continue its work on this issue in the months ahead and I look forward to presenting you with our next Interim Report.”

Information about the Task Force can be found at www.maine.gov/ag/initiatives/drugsummit2011/

Supporting documents

Read the Interim Report (PDF)

Report of the Attorney General on the Use of Deadly Force By State Trooper in Dover-Foxcroft on November 29, 2011

July 9, 2012

Facts

On the Tuesday morning of November 29, 2011, Michael S. Curtis, 46, of Sangerville, was shot and killed by State Police Trooper Jon Brown during a confrontation at the Piscataquis Valley Fairgrounds in Dover-Foxcroft.

Shortly after 9 a.m. on November 29, Curtis, a dispatcher for the Piscataquis County Sheriff?s Office, left his home in Sangerville after an argument with his wife and drove to the Hilltop Manor in Dover-Foxcroft where his wife?s ex-husband, Udo Schneider , was working with others outside the facility. (Udo Schneider is not related to Attorney General William J. Schneider) Upon arrival, Mr. Curtis confronted Mr. Schneider in the presence of other workers and shot and killed him. One of the coworkers called 911 and reported that the assailant, who was later identified as Michael Curtis, fled the scene in a white Ford pickup truck bearing firefighter license plates.

No more than ten minutes after the 911 call, at about 9:36 a.m., Lt. Scott Arno of the Dover-Foxcroft Police Department spotted a vehicle matching the description in the 911 call and followed it to the Piscataquis Valley Fairgrounds. A lone occupant, later identified as Michael Curtis, was in the vehicle. At the same time, other officers from the Dover-Foxcroft Police Department, as well as officers from the Piscataquis County Sheriff?s Office, the Maine State Police, and the Dexter, Milo, and Brownville police departments responded to the 911 report. Among these officers was Trooper Jon Brown of the State Police. Trooper Brown was patrolling in Ripley when, at about 9:35 a.m., he heard a State Police radio broadcast reporting the shooting at Hilltop Manor. A few minutes later, Trooper Brown heard the report that the suspect vehicle had driven into the fairgrounds in Dover-Foxcroft.

On his way to Dover-Foxcroft, Trooper Brown came up behind Dexter Police Chief James Emerson, who was also responding to the 911 call, and, at 9:53 a.m., both officers arrived at the fairgrounds. Eighteen minutes had elapsed from the time Trooper Brown heard the initial State Police broadcast. During those 18 minutes, Trooper Brown became aware that the victim of the shooting at the Hilltop Manor had been shot several times and that he was likely deceased. Trooper Brown also learned that the suspect had fled the scene of the shooting in a white pickup truck with firefighter plates, that the suspect was armed with at least a handgun, that shots had been fired by the suspect after his arrival at the fairgrounds, and that there were at least four police officers at the fairgrounds. He also learned from a State Police broadcast that officers at the scene were having difficulty managing the scene because of the number of additional responding officers, and that officers at the scene had requested the assistance of a State Police negotiator and the State Police Tactical Team. The source of all of Trooper Brown?s information until his arrival at the fairgrounds was State Police dispatch in Orono. Trooper Brown was unable to monitor broadcasts by the Piscataquis County Sheriff?s Office or monitor radio conversations among other responding officers.

At approximately 9:43 a.m., David Wilson, an agent of the Maine Drug Enforcement Agency, arrived at the fairgrounds and took a position in an open-sided building over 800 feet west of Mr. Curtis? location. Using binoculars, Agent Wilson saw a man with no shirt leaning against the back of the pickup truck. Agent Wilson, who personally knew Michael Curtis, did not at that time recognize the man as Mr. Curtis.

At approximately 9:45 a.m., Agent Wilson looked away from Mr. Curtis to use his radio, and heard the report of four gunshots that seemed to come from Mr. Curtis? location. Agent Wilson looked back at Mr. Curtis through his binoculars and saw that Mr. Curtis was maintaining the same position observed earlier. Agent Wilson theorized that Mr. Curtis had fired the shots in the air. He announced over his police radio, ?Gunshots, gunshots, be advised gunshots have been fired.? This information was subsequently broadcast by the State Police dispatcher in Orono and heard by Trooper Brown, still on his way to the fairgrounds. In the meantime, Lt. Arno, Chief Dennis Dyer, Sheriff John Goggin, Chief Deputy Dale Clukey, and Deputy James Kane joined Agent Wilson at his location. Independent of one another, both Lt. Arno and Chief Dyer requested the assistance of the State Police Tactical Team and a State Police negotiator.

Trooper Brown and other State Police officers responding to the fairgrounds were unaware of two-way radio communications between the suspect himself, who had a portable radio and was broadcasting on a fire frequency, and a dispatcher at the Sheriff?s Office. For several minutes, the dispatcher attempted to persuade Mr. Curtis to relinquish his weapon and surrender to the police. At 9:53 a.m., at the same time that Trooper Brown arrived at the fairgrounds, Sheriff Goggin took over radio communications with Mr. Curtis and announced the following:

Mike, I?m coming out right now, I?m coming up and talk to you right where you?re at. You stay right there. You just throw your gun in the cab of the truck ? you throw it down, I don?t care what you do with it. Nobody?s going to hurt you Mike, I give you my word, nobody?s going to hurt you, we?re going to give you the help that you need and that?s it. Nobody else is going to get hurt today. Now you just listen to me, and I?ll be right out and we?re going to help you. Okay?

After Mr. Curtis acknowledged the announcement, Sheriff Goggin, notwithstanding dissent from other officers, started out of the building into the field walking in the direction of Mr. Curtis some 800 feet away.

When Trooper Brown arrived at the fairgrounds, he was armed with his service weapon and a rifle. While he was unaware of the exact location of Mr. Curtis, he could see what he presumed to be Mr. Curtis? pickup truck in a field several hundred feet away. He also saw what appeared to be a log yard on the other side of the truck and assumed that people were likely working in the yard. Based on previous radio traffic, Trooper Brown anticipated but did not observe a significant law enforcement presence at the fairgrounds nor did he observe what he anticipated to be evidence of officers deployed around the vehicle in a ?perimeter? fashion intended to preclude possible further flight. Trooper Brown sought out the on-scene commander, who was identified to him by Chief Emerson as MDEA Agent Wilson. He asked Agent Wilson if the man next to the pickup truck was the suspect and if the suspect had fired at the officers at the fairgrounds. While speaking with Agent Wilson, Trooper Brown observed other officers taking cover inside an open-sided building containing farm machinery. Based on these observations and the radio traffic that he received from the State Police dispatcher in Orono, Trooper Brown concluded that the officers he saw in the open-sided building were the total complement of officers on scene and that no perimeter had been established by law enforcement. Trooper Brown remained unaware that communication had been established between Mr. Curtis and Sheriff Goggin.

Trooper Brown took a prone position on the ground near the building in which he had observed the other officers, and issued commands to Mr. Curtis to ?show your hands." After Mr. Curtis failed to comply with the commands, Trooper Brown fired three rounds from his rifle at Mr. Curtis from the prone position. Immediately after the first round, Mr. Curtis fired his weapon ? a handgun ? into the air. Trooper Brown?s rounds struck the pickup truck but missed Mr. Curtis. At the time that Trooper Brown fired the shots at Mr. Curtis, he was unaware that Sheriff Goggin intended to walk out into the field to Mr. Curtis? location. Similarly, after firing the three shots, Trooper Brown was unaware of the following radio communication from Mr. Curtis:

Scream all you want, scream all you want, I?m not going to put the friggin gun down. I can see you, I can see you from where I am, I?m not going to hurt nobody, I?m not going to hurt nobody, I?m not going to hurt nobody.

I want help, but nobody seems to want to help me, all they want to do is shoot me.

Walk up to me ? you know ? I don?t care, I?m not going to hurt nobody.

Surprised by Trooper Brown?s actions in firing the shots at Mr. Curtis, other officers in the open building next to him, including a person Trooper Brown later learned to be Sheriff Goggin, admonished him for his actions. It was at this point that Trooper Brown became aware that others were communicating with Mr. Curtis, and that Sheriff Goggin intended to walk out into the field to meet with Mr. Curtis. Trooper Brown also learned that two officers responding to the 911 call had been directed to the log yard, an area closer to Mr. Curtis than the building in which the other officers were located.

When Trooper Brown saw Sheriff Goggin walking into the field toward Mr. Curtis, he yelled several warnings for the Sheriff to ?get out of the field.? When Sheriff Goggin ignored the warnings, Trooper Brown left the other officers and enlisted the assistance of a Dexter police officer, Sgt. Kevin Wintle, to accompany him in moving to a different location. The two officers went into a wooded area generally to the north of where Mr. Curtis was located next to his pickup truck. As Trooper Brown and Sgt. Wintle were moving closer to Mr. Curtis, Sheriff Goggin continued walking in the open field and was closing the distance between himself and Mr. Curtis.

When Trooper Brown found a spot where he had a closer and clearer view of Mr. Curtis, he aimed and fired one round at Mr. Curtis. At the time of the shot, Mr. Curtis was still armed and was looking in the direction of Sheriff Goggin, who was less than 150 feet from him. Trooper Brown was nearly 500 feet from Mr. Curtis when he discharged the rifle. The round struck Mr. Curtis. Medical aid was rendered at the scene and Mr. Curtis was taken by ambulance to a local hospital where he died a short time later.

Detectives from the Office of the Attorney General went to the scene to conduct an investigation. They were assisted by several members of the State Police, as well as members of the Maine Warden Service and several other agencies. The weapon used by Mr. Curtis to kill Mr. Schneider and the one in his possession at the fairgrounds was a Glock .40 caliber semiautomatic pistol with a total capacity of 16 rounds. Investigation at the Hilltop Manor disclosed that Mr. Curtis had fired 12 rounds at Mr. Schneider. Investigation at the fairgrounds resulted in the recovery near where Mr. Curtis had been standing of five spent .40 caliber casings, accounting for the four shots heard by Agent Wilson and the single shot discharged by Mr. Curtis at the time Trooper Brown initially shot at him. An examination of Mr. Curtis?s pistol after his death disclosed seven live rounds still in the weapon, indicating that Mr. Curtis reloaded the weapon between the time he shot and killed Mr. Schneider and the time he was shot and killed by Trooper Brown. Several loose live .40 caliber rounds were found in the pickup truck.

Dr. Edward David of the Office of the Chief Medical Examiner conducted an investigation at the scene. The Chief Medical Examiner, Dr. Margaret Greenwald, later conducted a post mortem examination in which she determined the cause of Mr. Curtis? death to be a single gunshot wound that entered the right posterior chest, and exited the left lateral chest. Mr. Curtis? blood-alcohol content (BAC) at the time of his death was 0.216%.

Legal Analysis and Conclusion

The Attorney General is charged by law with investigating the circumstances under which any law enforcement officer uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others or the need to arrest or stop a dangerous person from escaping, as defined by law, is reasonably generated by the facts so as to preclude criminal prosecution. The review does not include an analysis of potential civil liability, whether any administrative employment action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for an individual, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the individual must actually and reasonably believe that deadly force is imminently threatened against the individual or against someone else, and, second, the individual must actually and reasonably believe that deadly force is necessary to counter that imminent threat. In addition, under certain limited circumstances, a law enforcement officer is authorized by law to use deadly force to make an arrest or prevent an escape. Specifically, a law enforcement officer is justified in using deadly force only when the officer reasonably believes that such force is necessary and the officer reasonably believes that the person (1) has committed a crime involving the use or threatened use of deadly force, (2) is using a dangerous weapon in attempting to escape, or (3) otherwise indicates that the person is likely to endanger human life or to inflict serious bodily injury unless apprehended without delay. When using deadly force to make an arrest or prevent an escape, the officer must first make reasonable efforts to advise the person that the officer is a law enforcement officer, and the officer must have reasonable grounds to believe that the person is aware of this advice. Whether a use of force is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time Trooper Brown fired the shot that resulted in Mr. Curtis? death, it was reasonable for Trooper Brown to believe that deadly force was imminently threatened against Sheriff Goggin, if not others, and it was reasonable for Trooper Brown to believe that it was necessary for him to use deadly force to counter that imminent threat of deadly force. Moreover, Attorney General Schneider determined that Trooper Brown reasonably believed that Mr. Curtis had committed a crime involving the use of deadly force, was likely to seriously endanger human life unless apprehended without delay, and that Mr. Curtis knew that Trooper Brown and the other officers at the fairgrounds were law enforcement officers attempting to arrest him. The Attorney General?s conclusions are based on an extensive scene investigation, interviews with numerous individuals, and review of all evidence made available from any source.

It is beyond the scope of this report and beyond the authority and expertise of the Attorney General?s Office to determine or speculate on Mr. Curtis? motivations, his state of mind, or the medical or psychological underpinnings of his behavior and actions on November 29, 2011, in Dover-Foxcroft.

Supporting documents

Read the full report (PDF)

Obama Utility Bill Scam Alert

July 13, 2012

AUGUSTA ? Attorney General William J. Schneider is warning consumers about a scam that claims a new federal government assistance program, sometimes described as a bailout authorized by President Barack Obama?s administration, will pay your utility bills.

To receive a credit or apply a payment to a utility bill, consumers are asked to provide their Social Security and bank routing numbers. In return, they are given a phony bank routing number that will supposedly pay their utility bills. In reality, there is no money and customers believe they have paid their bills when in fact they have not.

While it appears that this scam may not yet have reached Maine, other states have seen large numbers of consumers become victims very quickly. The scammers use text messages, ficticious tweets and Facebook to reach potential victims through social media channels. Agents for the criminals have even gone door to door handing out flyers. In other states, payments were sometimes processed and initially credited to victims before the local utility company identified the account numbers as unauthorized. Victims who received payment confirmation notices shared their story with family and friends, who also fell for the scam. Only later were the payments rescinded.

?We want Mainers to realize that scammers will use the names well-known local companies, government officials, and other notable people to convince you that their offer is legitimate,? said Attorney General Schneider. ?Don?t fall for it.?

If you think you have experienced a utility bill scam, call the Attorney General?s Consumer Protection Hotline at (207)626-8849.

McKesson to Pay $1.4 Million to MaineCare Program in Healthcare Fraud Settlement

July 27, 2012

Drug Wholesaler to Pay $151 Million to States to Resolve Pricing Claims

AUGUSTA ? Attorney General William J. Schneider announced today that Maine, as part of a national settlement against McKesson Corporation, has resolved allegations that McKesson violated the Federal False Claims Act and various state false claims acts by reporting inflated pricing information for a large number of prescription drugs, causing the state?s Medicaid program to overpay for those drugs.

The drug pricing data at issue in this settlement concerns the ?Average Wholesale Price? (AWP) benchmark used by most states to set pharmacy reimbursement rates for pharmaceuticals dispensed to Medicaid beneficiaries. Maine alleges that McKesson, one of the largest drug wholesalers in the country, reported inflated AWP pricing data to First Data Bank (FDB), a publisher of drug prices, thereby inflating many AWPs that are used to set reimbursement.

The Medicaid program is funded jointly by the federal and state governments. In April, the federal government settled the federal portion of this lawsuit for over $187 million. As part of the settlement with the states, Maine will receive a total of $1,438,600.28 for the state Medicaid share.

?The State paid artificially high prices due to the manipulation of the drug reimbursement system by this corporation,? said Attorney General Schneider. ?Through this settlement, MaineCare will receive restitution for those excessive payments.?

The suit was filed in US District Court in New Jersey. Maine was represented by a national settlement team comprised of members from the states of California and New York working through the National Association of Medicaid Fraud Control Units.

Assistant Attorney General Michael Miller, Director of the Healthcare Crimes Unit, handled this matter for Attorney General Schneider?s Criminal Division.

The Healthcare Crimes Unit is the Medicaid Fraud Control Unit for the State of Maine charged with investigating and prosecuting financial fraud and other crimes committed by MaineCare providers or their employees, and investigating and prosecuting abuse, neglect or exploitation of elderly and dependent persons that occurs in health care facilities or by health care providers.

To learn more about the Office of the Attorney General Healthcare Crimes Unit, go to: http://www.maine.gov/ag/crime/crimesweprosecute/healthcare_crimes.shtml

Report of the Attorney General on the Use of Deadly Force by Federal Task Force Officers in Portland on January 27, 2012

August 17, 2012

Facts

In the early evening hours of January 27, 2012, Arien L?Italien, 22, of Eagle Lake and Biddeford, was shot and wounded by U.S. Deputy Marshal Michael Tenuta and Special U.S. Deputy Marshal John Gill during an armed confrontation in Portland.

The United States Marshal?s Service for the District of Maine operates a Violent Offender Task Force based in Portland and Lewiston. The Task Force consists of Deputy U.S. Marshals and Special Deputy U.S. Marshals. The special deputies are state, county, and municipal law enforcement officers in Maine with federal law enforcement authority allowing them to work with the task force to locate and apprehend fugitives who are subject to federal or state arrest warrants. The task force also lends assistance in special circumstances to other law enforcement agencies and its members are specially trained and equipped. Two members of the Task Force are U.S. Deputy Marshal Michael Tenuta and Special U.S. Deputy Marshal John Gill, a Scarborough police officer.

On January 17, 2012, a warrant was issued by the Superior Court in York County for the arrest of Arien L?Italien on a charge of aggravated assault for conduct that allegedly occurred in Biddeford on January 1, 2012. During the course of an investigation to locate and apprehend Mr. L?Italien, it was learned that Mr. L?Italien was armed with a handgun, was believed to be engaging in the armed robbery of drug traffickers, and had allegedly discharged the firearm randomly while riding as a passenger in a vehicle on the Maine Turnpike. Mr. L?Italien was known to be a convicted felon and a person prohibited from possessing firearms. Further investigation disclosed that Mr. L?Italien had been dropped off in Portland the evening of January 26 to meet an associate whose family was believed to reside on Cumberland Avenue in Portland.

Near dusk later in the afternoon of January 27, a person believed to be Mr. L?Italien was observed by task force agents entering an apartment building on Cumberland Avenue. Just over an hour later, the same person, accompanied by another individual, left the building and the two made their way on foot through an alleyway to the Mellen Street Market about a block away. Four members of the Task Force, including Deputies Tenuta and Gill, were on foot and positioned at vantage points near the market. The area around the market is a heavily populated residential district and includes the Sacred Heart Church at the corner of Mellen and Sherman Street. Mr. L?Italien and his companion were in the market briefly before leaving and walking on the sidewalk up Mellen Street. The four task force agents observing Mr. L?Italien and his companion started to close the distance between themselves and the two men.

Near the Sacred Heart Church, the agents identified themselves as law enforcement officers and ordered Mr. L?Italien and his companion to stop. Both men turned and looked at the officers, and then started running as further commands to stop were issued. When the officers were 15-25 feet away, Mr. L?Italien, still running, turned toward the officers brandishing a .40-caliber semi-automatic pistol and shot at the agents. Deputy Marshals Tenuta and Gill returned fire. One of the rounds struck Mr. L?Italien in his right leg, and Mr. L?Italien was disarmed and taken into custody. In the meantime, Mr. L?Italien?s companion complied with commands to get on the ground, but fled from the area during the shooting. It was learned later that the man attempted, but was denied entry by parishioners into the Sacred Heart Church. He was later located and questioned but not charged with any crime. The investigation was unable to establish which of the two deputy marshals fired the round that struck Mr. L?Italien. The investigation disclosed that Mr. L?Italien shot four rounds at the federal officers, while Deputy Marshals Tenuta and Gill each discharged four rounds in return.

Mr. L?Italien was provided immediate medical aid by Deputy Tenuta and then by Portland MEDCU paramedics. He was thereafter treated at Maine Medical Center and later transferred to the Cumberland County Jail.

On March 26, 2012, Mr. L?Italien entered a guilty plea in the U.S. District Court in Portland to three federal charges related to the incident on January 27. Those changes were assault on a federal officer, being a felon in possession of a firearm, and using a firearm in furtherance of a crime of violence. Mr. L?Italien was later sentenced to 18 years in federal prison, which will be followed by 4 years of incarceration in a state prison for a previous felony theft conviction, and five years of federal probation.

Legal Analysis and Conclusion

The Attorney General is charged by law with investigating the circumstances under which any law enforcement officer uses deadly force in Maine while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution. The review does not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that unlawful deadly force is imminently threatened against the person or someone else, and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether a particular use of force is reasonable is based on the totality of the specific circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time shots were fired at Mr. L?Italien by Deputy Marshals Tenuta and Gill, it was reasonable for both officers to believe that unlawful deadly force was imminently threatened against them, as well as other officers, and it was reasonable for both officers to believe that it was necessary for them to use deadly force to protect themselves and other officers from the imminent threat of deadly force posed by Mr. L?Italien?s actions. The Attorney General?s conclusions are based on an extensive scene investigation, interviews with numerous individuals, and review of all evidence made available from any source.

Pharmaceutical Company Settles Claims of Misleading Marketing

August 30, 2012

Largest Multistate Consumer Protection Drug Settlement

AUGUSTA ? Attorney General William J. Schneider announced today that Maine, along with 36 other State Attorneys General, reached a record $181 million dollar settlement with Janssen Pharmaceuticals, Inc., a subsidiary of Johnson and Johnson.

A complaint and consent decree filed in Kennebec County Superior Court today resolved claims that Janssen violated the Maine Unfair Trade Practices Act when it improperly marketed the antipsychotic drugs Risperdal, Risperdal Consta, Risperdal M-Tab and Invega for unapproved or off-label uses. Risperdal is among a class of drugs known as atypical or second generation antipsychotics.

Maine will receive $2.7 million as part of the settlement.

The complaint alleges that Janssen promoted Risperdal for off-label uses to both geriatric and pediatric patients, targeting those with Alzheimer?s disease, dementia, depression and anxiety. Risperdal is approved to treat schizophrenia, bipolar disorder and behavior problems in teenagers and children with autism. While doctors may prescribe medicines as they see fit, companies are allowed to promote them for only uses approved by the U.S. Food and Drug Administration (FDA).

?The sales practices of pharmaceutical companies have increasingly come under scrutiny,? said Attorney General Schneider. ?As this lengthy investigation and resulting settlement shows, we are determined to curb illegal marketing that puts patients at risk.?

According to the consent judgment, Janssen agreed to change not only how it promotes and markets its atypical antipsychotics but also agreed to refrain from any false, misleading or deceptive promotion of the drugs. Additionally, for a five-year period, Janssen:

Must clearly and conspicuously disclose, in promotional materials for atypical antipsychotic products, the specific risks identified in the black-box warning on its product labels;

Must present information about effectiveness and risk in a balanced manner in its promotional materials;

Shall not promote its atypical antipsychotics using selected symptoms of the FDA-approved diagnoses unless certain disclosures are made regarding the approved diagnoses;

Shall require its scientifically trained personnel, rather that its sales and marketing personnel, to develop the medical content of scientific communications to address requests for information from health care providers regarding Janssen?s atypical antipsychotics;

Must refrain from providing samples of its atypical antipsychotics to health care providers whose clinical practices are inconsistent with the FDA-approved labeling of those atypical antipsychotics;

Must not use grants to promote its atypical antipsychotics nor condition medical education funding on Janssen?s approval of speakers or program content;

Must contractually require medical education providers to disclose Janssen?s financial support of their programs and any financial relationship with faculty and speakers;and

Must have policies in place to ensure that financial incentives are not given to marketing and sales personnel that encourage or reward off-label marketing.

This case was handled by Assistant Attorney General Christina Moylan of Attorney General Schneider?s Consumer Protection Division.

The Attorneys General from Florida led the investigation into Janssen?s marketing and promotional practices. The Attorneys General of the following states and the District of Columbia participated in the settlement: Alabama, Arizona, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, Wisconsin and Wyoming.

E-Book Publishers Settle Price-Fixing Claims

August 30, 2012

Hachette Book Group, HarperCollins and Simon & Schuster to pay $69 Million Total to Resolve Conspiracy Allegations

AUGUSTA ? Attorney General William J. Schneider announced today that Maine, along with 54 attorneys general in other states, districts and U.S. territories, has reached an antitrust settlement with three of the largest book publishers in the United States. Hachette Book Group, Inc., HarperCollins Publishers L.L.C. and Simon & Schuster Inc. have agreed to pay a total of more than $69 million to consumers to resolve antitrust claims of an alleged unlawful conspiracy to fix the prices of electronic books (e-books). They have also agreed to change the way they price e-books going forward.

Consumers in Maine are expected to receive approximately $332, 527.

The settlement occurs in conjunction with a civil antitrust lawsuit filed in U.S. District Court for the Southern District of New York against Hachette, HarperCollins, and Simon & Schuster. The lawsuit alleges that the three settling publishers and others, including non-settling publishers Macmillan and Penguin (collectively, the ?Agency Five? publishers), ?conspired and agreed to increase retail E-book prices for all consumers? and ?agreed to eliminate E-book retail price competition between E-book outlets, such that retail prices to consumers would be the same regardless of the outlet patronized by the consumer.?

The lawsuit and today?s settlement stem from a two-year antitrust investigation conducted jointly by the Connecticut and Texas Attorneys General and U.S. Department of Justice?s Antitrust Division. That investigation developed evidence that the Agency Five conspired to end e-book retailers' freedom to compete on price by taking control of pricing from e-book retailers and substantially increasing the prices that consumers paid for e-books. As a result of this conduct, the States allege that consumers paid millions of dollars more for their e-books.

?Maine customers who paid inflated prices for e-books will receive restitution from these publishers,? said Attorney General Schneider. ?Under the terms of this settlement, the digital book market will have better competition among retailers and e-book prices that reflect market forces rather than price-fixing schemes.?

Under the proposed settlement agreement, which the court must approve, Hachette, HarperCollins and Simon & Schuster will compensate consumers who purchased e-books from any of the Agency Five during the period of April 1, 2010 through May 21, 2012. Payments will begin 30 days after the court approval of the settlement becomes final. The settling defendants will also pay approximately $7.5 million to the states for fees and costs.

In addition to paying the $69 million consumer compensation, Hachette, HarperCollins and Simon & Schuster have agreed to terminate their existing agency agreements with certain retailers, requiring the publishers to grant those retailers?such as Amazon and Barnes & Noble?the freedom to reduce the prices of their e-book titles. For two years they will be prohibited from making any new agreements that constrain retailers? ability to offer consumer discounts or other promotions which encourage the sale of e-books.

The proposed settlement agreement also precludes these three publishers from further conspiring or sharing competitively sensitive information with their competitors for five years. Also for five years, Hachette, HarperCollins and Simon & Schuster will be forbidden from agreeing to any kind of ?most favored nation clause?, which says that no other retailer can sell e-books for a lower price.

Another case against Penguin Group, Inc., Holtzbrinck Publishers LLC (dba Macmillan) and Apple, Inc. is pending in the Southern District of New York.

Assistant Attorney General Christina M. Moylan handled this matter for Attorney General Schneider?s Consumer Protection Division.

Former Bangor Psychologist Sentenced for Sexual Assault and MaineCare Fraud

August 31, 2012

AUGUSTA ? Attorney General William J. Schneider announced today that former psychologist John A. Keefe, 60, of Veazie, pled guilty to one count of Class B theft by deception and one count of Class C gross sexual assault for engaging in sexual acts with a client and billing MaineCare for mental health therapy services for that client.

Penobscot County Superior Court Justice William R. Anderson sentenced Keefe on each count to three years imprisonment with all but 120 days suspended and two years of probation, to be served concurrently. He also required Keefe to pay $14,806.52 restitution to MaineCare.

From 2007 to 2010, Keefe engaged in sexual acts with a female client while claiming to provide mental health therapy to that client. Some of the sexual acts occurred in Keefe?s office at Columbia Psychology Associates in Bangor during mental health therapy sessions that he billed to MaineCare. On June 22, 2010, Keefe surrendered his license to practice psychology during the pendency of the criminal action through entry of a consent agreement with the Maine Board of Examiners of Psychologists.

?Medical professionals in Maine are held to high ethical standards and conduct that exploits patients is a breach of trust,? said Attorney General Schneider. ?Committing sexual assault of a patient is not only immoral; it is illegal and punishable by jail time.?

This case was investigated by the Bangor Police Department and Attorney General Schneider?s Criminal Division, Healthcare Crimes Unit, with assistance from the Maine State Police Computer Crimes Unit. Assistant Attorney General Valerie Wright handled this matter for the Healthcare Crimes Unit.

The Healthcare Crimes Unit is the Medicaid Fraud Control Unit for the State of Maine charged with investigating and prosecuting financial fraud and other crimes committed by MaineCare providers or their employees, and investigating and prosecuting abuse, neglect or exploitation that occurs in health care facilities or is committed by health care providers.

To learn more about the Office of the Attorney General Healthcare Crimes Unit, go to: http://www.maine.gov/ag/crime/crimesweprosecute/healthcare_crimes.shtml

Maine Seeks Federal Court Review of Medicaid State Plan Amendment

September 4, 2012

AUGUSTA ? Attorney General William J. Schneider issued the following statement today:

?The State of Maine, through its Department of Health and Human Services, submitted a proposed State Plan Amendment (SPA) to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) on August 1, 2012. Maine proposed to amend its Medicaid State Plan to make specific MaineCare eligibility changes to three groups consistent with legislative directives effective October 1, 2012.

?Maine?s standards in these areas still remain at or greater than the federal minimums with the proposed MaineCare eligibility changes.

?Maine asked CMS to review the SPA on an expedited basis and to approve the SPA by September 1, 2012. Maine explained to CMS that an expedited decision was needed so that Maine could achieve its budget savings as directed by the Legislature and achieve a balanced budget as required by the Maine Constitution.

?Although Maine explained to CMS that it preferred not to resort to the courts, Maine made it clear to CMS that Maine would suffer irreparable injury absent CMS?s expeditious review of the SPA or CMS?s commitment to pay Maine for its costs while the SPA was pending, which CMS could later recoup by adjusting Medicaid reimbursements to Maine.

?In a letter dated August 31, 2012 CMS indicated that it will not issue an expedited decision on Maine?s SPA and did not address paying Maine?s costs while the SPA is pending before CMS, foreclosing the possibility of advancing resolution of this issue without resort to litigation.

?The failure of CMS to take action in consideration of the State?s critical time constraints is in effect a denial Maine?s proposed SPA. Given the response from CMS, Maine has no choice but to present this matter to the United States Court of Appeals for the First Circuit. Maine is filing a Petition for Review of CMS?s failure to act upon Maine?s request for the SPA. Maine is simultaneously filing a Motion for Injunctive Relief asking the First Circuit to: (1) order CMS to approve the SPA, or (2) order CMS to pay Maine?s share for coverage of these three groups over and above the amounts Maine would pay if the SPA was approved on or before October 1, 2012.

?We anticipate that the First Circuit will resolve this matter expeditiously.?

Supporting documents

Petition For Review

Motion For Injunctive Relief

Attorney General Schneider Announces Hiring of Public Access Ombudsman

September 7, 2012

AUGUSTA ? Attorney General William Schneider announced today that attorney Brenda Kielty has been selected to serve as Maine?s first Public Access Ombudsman.

The responsibilities of the Public Access Ombudsman include responding to informal inquiries about Maine?s Freedom of Access Act, working to resolve complaints, preparing educational materials about the law in collaboration with the Right to Know Advisory Committee, and making recommendations about improving access to public records and proceedings. The Ombudsman position, while created by the Legislature in 2006, has been unfunded until this year.

?The public?s right to know about the activities of government is a cornerstone of democracy. We look forward to having the means to provide more effective information and assistance to citizens about using the law,? said Attorney General Schneider.

Ms. Kielty, previously a Special Assistant to the Attorney General, has worked as an educator, a mediator and an attorney, and serves as a member of the RSU #5 Board. ?I?m very excited about the opportunity this position will give me to make use of the different parts of my background, and particularly to work toward expanding the public?s awareness of the law as a tool that can increase their participation in government.?

While Ms. Kielty transitions into her new position, the Office of the Attorney General continues to answer questions about the public?s rights to access records and meetings at 207-626-8800.

CONTACT: Linda Pistner, 626-8820

Federal Court Declines to Order an Expedited Review of Maine?s Medicaid State Plan Amendment

September 14, 2012

AUGUSTA ? Attorney General William J. Schneider issued the following statement today:

?We are disappointed in the decision of the First Circuit Court of Appeals to decline to order the federal government to conduct an expedited review of the Maine Department of Health and Human Services State Plan Amendment by the date of October 1, 2012.

?The First Circuit did not reject Maine?s substantive legal arguments that the Patient Protection and Affordable Care Act maintenance of effort provision violates fundamental constitutional principles. We continue to believe that Maine has a strong legal argument on the substantive merits of this case.

?Maine?s State Plan Amendment was submitted to the U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) on August 1, 2012. In light of the Court?s decision, Maine will proceed with the administrative process currently underway with CMS.?

Clinton Woman Pleads Guilty, Sentenced For Stealing $47,000 in Welfare Benefits

September 27, 2012

AUGUSTA ? Attorney General William J. Schneider announced that Theresa M. Rice-Goodrich, 32, of Clinton, plead guilty in Kennebec County Superior Court on September 25, 2012 to one count of Theft by Deception and one count of Unsworn Falsification. She was sentenced to three years of incarceration, all but nine months and one day suspended, two years of probation, and ordered to pay $46,394 in restitution for the Class C theft. The sentence for the unsworn falsification charge was nine months and one day, to be served concurrently.

Rice-Goodrich told the Maine Department of Health and Human Services that her three children were living with her in order to qualify for benefits from the Supplemental Nutrition Assistance Program (Food Stamps) and Temporary Assistance for Needy Families (TANF) from January 2006 through August 2011.

The DHHS investigation revealed that the children were not living with her, except for a three month period in early 2010, and were actually living with her grandparents.

?Misrepresenting the facts to qualify for welfare benefits ultimately deprives the children who need these programs the most,? said Attorney General Schneider. ?We will continue to partner with DHHS to ensure that recipients who steal from these programs are held accountable.?

This case was investigated by the Maine DHHS Fraud Investigation and Recovery Unit. Assistant Attorney General Darcy Mitchell handled this matter for Attorney General Schneider?s Criminal Division.

Attorney General Schneider Joins State Workers in Prescription Drug Take-Back Drive

September 28, 2012

AUGUSTA – Attorney General William J. Schneider joined state workers, retirees and local citizens today in collecting prescription drugs as part of this week’s National Prescription Drug Take Back effort. Attorney General Schneider asked state employees to “Lead the Way” in safely disposing of unused and unwanted prescription drugs. Collection sites, attended by Capitol Police, Maine Drug Enforcement Administration officers and local law enforcement, were available at the Eastside Wellness Center, the east entrance to the Cross Office Building, and at DHHS offices in Bangor and Portland.

The U.S. Drug Enforcement Administration will hold the fifth nationwide Take Back Day this Saturday, September 29th from 10:00 to 2:00. At least 167 collection sites will be set up throughout the state and will be manned by local law enforcement agencies in partnership with public and private community leaders.

“The take-back effort is a way that each of us can help reduce the risk of drug diversion and protect the environment in Maine,” said Attorney General Schneider. “I want to thank everyone who takes a few minutes to clean out their medicine cabinet and drop those drugs off at a local collection site. It’s easy – no identification is necessary and no questions will be asked – and it makes a difference.”

Maine ranked first in the nation for the amount of drugs collected per capita in the last four take-backs. Mainers participating in the April 2012 take-back turned in over 19,900 pounds of prescription drugs, ensuring that those unwanted medications would be removed from circulation and disposed of properly.

To find a collection site near you, call your local police department or go to www.deadiversion.usdoj.gov/drug_disposal/takeback/index.html

Many law enforcement agencies continuously collect unused medication at their offices. Find the one near you on Google Maps.

South Thomaston Woman Sentenced for Failure to Pay Income Taxes

October 12, 2012

South Thomaston Woman Sentenced for Failure to Pay Income Taxes Will Serve 90 Day Jail Sentence and Pay $7,086 in Restitution

AUGUSTA ? Attorney General William J. Schneider announced that Gertrude Black, 60, of South Thomaston, was sentenced yesterday for failing to file Maine Income Tax Returns and pay the tax due for 2007 through 2010. Knox County District Court Judge Susan Sparaco sentenced Black to 364 days, with all but 90 days suspended, and 1 year of administrative release. Black will have to pay $7,086 in restitution for the tax due.

During 2007 through 2010 Black was a personal care assistant for an elderly individual who suffered from partial dementia. In addition to the salary Black earned, she admitted to taking financial advantage of her patient. Black had her patient pay for many of Black?s personal expenses such as utility, veterinary, auto insurance, cable, and cellular telephone bills, along with auto loan payments. Black blamed this conduct on her use of alcohol. Black has a history of non-compliance with Maine?s income tax laws.

?This case is an unfortunate example of how the elderly can be exploited for the selfish purposes of their caretakers. We must all be vigilant in protecting the most vulnerable among us and my Office will take strong action against those who take advantage of those in their care,? said Attorney General Schneider. ?All citizens must pay their fair share of income tax and we will continue to prosecute those persons who fail to obey the tax laws.?

This case was investigated by the Criminal Investigations Unit of Maine Revenue Services and the Healthcare Crimes Unit of the Office of the Attorney General. Assistant Attorney General Gregg D. Bernstein prosecuted this matter for Attorney General Schneider?s Criminal Division.

Report of the Attorney General on the Use of Deadly Force by State Police in Auburn on 3-30-2007

May 18, 2007

DEADLY FORCE BY STATE POLICE TROOPERS LEGALLY JUSTIFIED

May 18, 2007 David Loughran, Special Assistant to the Attorney General (207) 626-8577 or david.loughran@maine.gov

Attorney General Steven Rowe announced today that two troopers, Lucas Hare and Douglas Cropper, both members of the State Police Tactical Team, were legally justified when they used deadly force against James M. Peters, 42, during the evening of March 30, 2007, in Auburn. Mr. Peters died as the result of being shot by Trooper Hare after an eight-hour standoff with police.

The Attorney General's investigation focused on the issue of whether the use of deadly force by the officers in the particular situation was legally justified. The Attorney General is required by law to review all occurrences in which a law enforcement officer uses deadly force while in the performance of the officer?s public duty.

Under Maine law, for a law enforcement officer to be justified in using deadly force for purposes of self-protection or the protection of third persons, two requirements must be met. First, the officer must actually and reasonably believe that unlawful deadly force is imminently threatened against the officer or a third person. Second, the officer must actually and reasonably believe that the officer's use of deadly force is necessary to meet or counter that imminent threat of unlawful deadly force.

Attorney General Rowe determined, based on the investigation conducted by his office and the application of controlling Maine law, that Troopers Hare and Cropper actually and reasonably believed that unlawful deadly force was being imminently threatened against them and others by James Peters, and that the officers also actually and reasonably believed that the use of deadly force on their part was necessary to protect themselves and others. Therefore, both requirements of the law having been met, the use of deadly force by Troopers Hare and Cropper was legally justified.

The Attorney General?s investigation revealed the following:

Shortly before 10:30 a.m. on March 30, 2007, two persons traveling together on Minot Avenue in Auburn noticed a man standing in the driveway of a residence at 1806 Minot Avenue. The man was holding what was described as an assault rifle and he was standing over a person on the ground who appeared to be an elderly woman. They called the Auburn Police Department. An Auburn police officer dispatched to the call observed the body of an elderly woman lying in the driveway near the residence at 1806 Minot Avenue. It appeared to the officer that the woman was deceased and had been shot in the head. A second officer arrived. The two officers observed a man, who was later identified as James M. Peters, appear on foot in the driveway brandishing an assault rifle. Peters yelled words that neither officer could understand.

Concluding at that point that Peters had likely shot and killed the woman (believed at the time and later determined to be his 76-year-old mother, Margaret Peters), and also believing that he was armed and was a potential threat to others, the Auburn Police Department closed Minot Avenue and started the evacuation of residents in the immediate area. Other residents were notified by telephone of the danger in the area of their homes and were instructed to remain inside. The State Police Tactical Team and the State Police Crisis Negotiation Team were called to the scene. Among the 17 members of the Tactical Team responding were Troopers Hare and Cropper.

While the evacuation of residents was underway, Peters was seen standing in the driveway near the woman?s body smoking a cigarette. Peters did not appear to be armed at that time. A team of officers approached Peters, but he entered the residence before they reached him. On at least two more occasions, Peters similarly appeared outside the residence, but retreated into the residence each time officers approached him. Over the course of the next several hours, 114 calls to the residence went unanswered by Peters. A negotiator used a loudspeaker in continuous attempts to communicate with Peters.

At one point a few hours into the standoff, Peters was observed in a window of the residence responding nonverbally to messages that were broadcast by the negotiator over the loudspeaker. As the attempts to communicate with Peters continued, several officers observed Peters at various times inside the residence appearing at different windows, sometimes holding a rifle. At other times, Peters opened windows in the residence, shouted indecipherably, and used an obscene gesture. Through various means, the police were able to reasonably conclude that Peters was alone in the residence and was able to hear the negotiator on the loudspeaker. Nevertheless, repeated attempts to engage Peters in communication failed.

Eventually, after several more hours, Tactical Team members fired tear gas rounds into the house in an attempt to force Peters from the residence. This was done at both the front and rear of the house. Three Tactical Team members, including the team commander, Sgt. Nicholas Grass, were near the front of the residence next to a Tactical Team vehicle. Peters responded to the introduction of tear gas into his residence by firing at the officers in front of the residence with what sounded to the officers like a fully automatic rifle. At least one round struck the Tactical Team vehicle and fragments of shattered glass struck Sgt. Grass in the face. It was later determined that bullet fragments had entered the vehicle, and missed several officers inside the vehicle. At least two of the rounds fired by Peters struck a residence across the road.

After Peters had stopped shooting, Sgt. Grass announced over the radio that the Tactical Team vehicle had been fired upon, and he gave the order that deadly force was to be used if Peters was sighted. Less than an hour later, Troopers Hare and Cropper observed Peters near a window holding something in his hands. Both Troopers fired their weapons at Peters. Neither Trooper knew at that point whether Peters had been struck. Over the next several hours, however, attempts at communicating with Peters were fruitless.

In the early morning hours of March 31, several Tactical Team members entered the residence and located Peters in the room where Troopers Hare and Cropper had previously shot at him. Peters was deceased. It was later determined that Peters had been struck by a shotgun round fired by Trooper Hare. Several firearms were found in the house. These included an AK-47 assault rifle, two high powered hunting rifles, a .12 gauge shotgun, and a .22 caliber rifle. Later investigation determined that the shotgun was the likely weapon used to kill Margaret Peters. The AK-47 assault rifle contained 17 live rounds, the shotgun two rounds, and one of the hunting rifles four rounds. Also found in the residence were 12 spent casings representing rounds fired at police by Peters with the assault rifle. Other ammunition in the residence included another clip for the AK-47 that contained 12 rounds, 52 rounds for a .357 handgun, and 35 rounds for the hunting rifles.

Detectives from the Office of the Attorney General went to the scene of the shooting in Auburn to conduct the investigation. They were assisted in the investigation by detectives from the State Police, as well as members of the Auburn Police Department, and Chief Medical Examiner Margaret Greenwald. Ballistic and other forensic evidence was examined by the Maine State Police Crime Laboratory. The Maine State Police cooperated fully with the investigation and is conducting its own departmental review of the incident.

Boehringer Ingelheim Pharmaceuticals, Inc. to Pay $89,700 to MaineCare Program in Healthcare Fraud Settlement

October 26, 2012

Drug Company to Pay $34 Million to States to Resolve Kickback and Marketing Claims

AUGUSTA ? Attorney General William J. Schneider announced that on October 25, 2012 Maine, as part of a national settlement against Boehringer Ingelheim Pharmaceuticals, Inc. (BIPI), resolved allegations that BIPI paid kickbacks and engaged in off-label marketing campaigns that improperly promoted four drugs: Atrovent, Combivent, Micardis and Aggrenox. BIPI, a Connecticut based company, will pay the states and the federal government $95 million, of which $34,468,649 will go to the Medicaid programs to resolve civil allegations that the company unlawfully marketed the drugs Aggrenox, Combivent, Atrovent and Micardis and thereby caused false claims to be submitted to the government healthcare programs.

The Medicaid program is funded jointly by the federal and state governments. As part of the settlement with the states, the Maine Medicaid program will receive $89,720.

The settlement resolves allegations that BIPI unlawfully marketed these drugs for a variety of non-FDA approved indications, including Aggrenox for certain cardiovascular events such as myocardial infarction and peripheral vascular disease; Combivent for use prior to another bronchodilator in treating Chronic Obstructive Pulmonary Disease; and Micardis for treatment of early diabetic kidney disease. Additionally, the settlement resolves allegations that BIPI knowingly promoted the sale and use of Combivent and Atrovent at doses that exceeded those covered by federal health care programs and that BIPI knowingly made unsubstantiated claims about the efficacy of Aggrenox, including that it was superior to Plavix. Finally, the agreement resolves allegations that the company paid kickbacks to healthcare professionals as inducement to prescribe.

?The State paid for claims that were based on false representations about efficacy, medically-accepted indications, and cost effectiveness of treatment,? said Attorney General Schneider. ?Through this settlement, MaineCare will receive restitution for those excessive payments.?

As a condition of the settlement, BIPI will enter into a Corporate Integrity Agreement with the United States Department of Health and Human Services, Office of the Inspector General, which will closely monitor the company?s future marketing and sales practices.

The investigation resulted from a qui tam action originally filed in the United States District Court for the District of Maryland under the federal False Claims Act and various state false claims statutes. Maine was represented by a national settlement team comprised of members from the Offices of the Attorneys General for the States of Ohio, Florida, Virginia, South Carolina and Oregon.

Assistant Attorney General Michael Miller, Director of the Healthcare Crimes Unit, handled this matter for Attorney General Schneider?s Criminal Division.

The Healthcare Crimes Unit is the Medicaid Fraud Control Unit for the State of Maine charged with investigating and prosecuting financial fraud and other crimes committed by MaineCare providers or their employees, and investigating and prosecuting abuse, neglect or exploitation of elderly and dependent persons that occurs in health care facilities or by healthcare providers.

To learn more about the Office of the Attorney General Healthcare Crimes Unit, go to: http://www.maine.gov/ag/crime/crimesweprosecute/healthcare_crimes.shtml

Attorney General Schneider Accepts Day One Award Presented to the Prescription Drug Abuse Task Force

November 1, 2012

Day One Substance Abuse and Mental Health Services will present an award tonight to the Maine Prescription Drug Abuse Task Force at the Day One 39th Annual Celebration at Sable Oaks in South Portland. Attorney General William J. Schneider will accept the award on behalf of the Task Force.

Day One provides training and education, assessment, screening, referrals and treatment for individuals, families, schools and communities throughout Maine. For nearly four decades, Day One has provided hope, healing and recovery to generations of young people with substance abuse and mental health issues.

?Day One?s mission to ?dramatically reduce substance abuse among Maine youth to help them live productive, healthy and rewarding lives? is closely aligned to the goals of the Task Force,? said Attorney General Schneider. ?Through their peer programs in the schools, outpatient services, parent support groups, the residential treatment center in Hollis, and the treatment programs for incarcerated youth at Long Creek and Mountain View, Day One leads the way in preventing and treating teen drug and alcohol abuse.?

The Maine Prescription Drug Abuse Task Force was established by Executive Order on February 1, 2012 with 17 members representing the fields of prevention and intervention, treatment and recovery, education, enforcement and public policy.

?Prescription drug abuse is a complex problem throughout Maine and will require innovative solutions,? said Attorney General Schneider. ?The credit goes to the individuals on the Task Force for their determination to tackle this challenge and I am deeply grateful that their hard work is being recognized.?

Information about the Task Force can be found at http://www.maine.gov/ag/initiatives/drugsummit2011/

Drugmaker to Pay Maine $1.2 Million as Part of National Diabetes Drug Settlement

November 16, 2012

AUGUSTA ? Attorney General William J. Schneider has joined 37 other states in a $90 million settlement with GlaxoSmithKline LLC (GSK), resolving allegations that the pharmaceutical company unlawfully promoted its diabetes drug, Avandia, by misrepresenting its cardiovascular risks and safety profile.

The settlement will bring more than $1.2 million to the State of Maine.

?Patients rely on safety claims made by pharmaceutical companies,? said Attorney General Schneider. ?This settlement will help ensure that patients are not put at risk by misleading marketing.?

A complaint and consent decree were filed in Kennebec County Superior Court on November 15, 2012 alleging that GSK promoted the diabetes drug to physicians and other healthcare providers with false and misleading representations about its safety and misrepresenting the drug?s cardiovascular benefits. The drug may have actually increased patient risks.

Under the terms of the consent judgment, GSK has agreed to change how it markets and promotes diabetes drugs, and is prohibited from:

Making any false, misleading, or deceptive claims about any diabetes drug;

Making comparative safety claims that are not supported by substantial evidence or substantial clinical experience;

Presenting favorable information once thought valid but rendered invalid by contrary and more credible recent information;

Promoting investigational drugs; or

Misusing statistics or otherwise misrepresenting the nature, applicability, or significance of clinical trials.

The consent judgment also imposes, for at least eight years, a number of requirements relating to GSK?s publication of its study results, including that it register and post all GSK-sponsored clinical trials as required by federal law.

The investigation was led by the Attorneys General of Oregon and Illinois with an Executive Committee consisting of the Attorneys General of Arizona, Florida, Maryland, Pennsylvania, Tennessee, and Texas. Also participating in the settlement are Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Idaho, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Vermont, Washington, and Wisconsin.

This case was prosecuted by Assistant Attorney General Carolyn Silsby of Attorney General Schneider?s Consumer Protection Division.

LCD Screen Price-Fixing Settlement Refunds Available

November 16, 2012

Consumers and Businesses must file claims by December 6, 2012

Attorney General William J. Schneider wants to inform consumers and businesses that they may be entitled to a cash refund from a billion dollar LCD price-fixing settlement fund. The fund is made up of settlements with ten manufacturers over an illegal conspiracy to raise the price of LCD flat panels used in televisions, monitors, and laptop computers.

?Consumers and businesses can get a considerable amount of money as a result of this settlement,? said Attorney General Schneider. ?We encourage you to file your claim online before the December 6th deadline.?

Eligible consumers could collect $25, $100, $200 or more depending upon the number of televisions, monitors, and laptop computers purchased between from 1999 to 2006. Businesses with large purchases could recoup thousands of dollars.

The easiest way to file a claim is to use the online claim form at https://LCDclass.com/ or call 1-855-225-1886 for more information.

Consumers and businesses are eligible for payments if they were residents of Maine or one of the other 23 settling states or the District of Columbia at the time of purchase. The other 23 states participating in the refund are Arizona, Arkansas, California, Florida, Hawaii, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Mexico, New York, North Carolina, North Dakota, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia and Wisconsin.

The LCD flat screen manufacturers participating in the settlement are AU Optronics Corportation, Hitachi Ltd., Sharp Corporation, Toshiba Corporation, Samsung Electronics Corporation, Epson Imaging Devices Corporation, LG Electronics, Chunghwa Picture Tubes, HannStar Display Corporation, and Chi Mei Optoelectronics.

Report of Attorney General William J. Schneider on the Use of Deadly Force by U.S. Border Patrol Agents in Jackman on June 23, 2012

November 27, 2012

FOR IMMEDIATE RELEASE
November 27, 2012
FACTS

During the evening of Saturday, June 23, 2012, Charles Robinson, 75, was shot and killed by U.S. Border Patrol agents during a confrontation at Mr. Robinson?s residence on the Long Pond Road in Jackman.

Charles Robinson and a female companion lived together in Jackman. During the evening of June 23, 2012, Mr. Robinson, who had been drinking, fell down in his home and was believed by his companion to be injured. When the companion told Mr. Robinson that she was going to call an ambulance, he threatened to kill her. Nevertheless, the companion called the Jackman Regional Health Center. The call was interrupted when Mr. Robinson ripped the receiver from the base of the telephone. The companion, who reported that she feared for her life at that point, left the residence and traveled to the nearby health center. In the meantime, a person at the health center called the Somerset County Sheriff's Office, as well as the Jackman station of the U.S. Border Patrol, to report the call from the companion. At the time of these notifications to law enforcement, it was not known that the female companion had left the residence.

After learning that Somerset County deputy sheriffs were at least an hour away from Jackman, two U.S. Border Agents, Jamie Tierney and Chris Demanski, responded to the call. The agents were aware that Mr. Robinson was likely intoxicated, had fallen, and possibly injured himself. The agents were also told that when the female occupant of the residence called for medical assistance, Mr. Robinson had interrupted the call by disconnecting the telephone. They were aware of a similar call, about three months earlier, from the same residence that had resulted in the arrest of Mr. Robinson. They were also aware that Mr. Robinson was known to have firearms in the residence.

The two agents approached the residence ? located about 300 feet off the Long Pond Road ? on foot from different directions. Both agents were dressed in U.S. Border Patrol uniforms. They met at a door on the side of the residence that served as the main entrance. The agents observed no activity and heard no noise from the residence. They were concerned that the female caller was injured or in danger. The agents observed a partially open screen door and a main door that was fully open. Agent Tierney banged on the screen door and announced ?United States Border Patrol,? followed by several other announcements making it clear that they were law enforcement officers and wanted the person inside the residence to show himself, or they were coming inside.

Receiving no response to the announcements, the agents entered the residence. They were barely inside when Agent Tierney observed a man, later identified as Charles Robinson, behind a barrier about 15 feet away. Agent Tierney ordered Mr. Robinson to show his hands and, in response, Mr. Robinson fired at Agent Tierney. Agent Tierney was struck by the gunfire, later determined to be projectiles from a shotgun round that expelled over 200 pellets in the single shot. Agent Demanski saw from where the shot came and observed that Agent Tierney had been struck by the gunfire. Both agents returned fire, after which Mr. Robinson disappeared from view. Agent Tierney was armed with a .40 caliber semi-automatic handgun, and Agent Demanski a semi-automatic carbine rifle. It was later determined that Mr. Robinson had fired a single shot from a .12 gauge double barrel shotgun; a live round was later found in the other barrel of the shotgun, and several other live rounds were found on and around Mr. Robinson.

Both agents withdrew from the residence and took positions of cover outside. It was at this time that Agent Tierney recognized that while he had been injured from several shotgun pellets, his ballistic vest had stopped several more pellets from penetrating. He later received medical treatment, which included the removal of several pellets from his body. Other Border Patrol agents summoned to the residence set up a perimeter around the residence to await the arrival of the Maine State Police Tactical Team . At a time when officers could safely enter the residence, they did so and discovered that Mr. Robinson had been struck by the earlier gunfire and had died at the scene.

Dr. Margaret Greenwald, the state?s chief medical examiner, conducted an investigation at the scene, and later conducted a post mortem examination in which she determined the cause of Mr. Robinson?s death to be a single gunshot wound that entered and exited the upper left arm and then entered the chest. Recovered during the examination was a .40 caliber bullet. Mr. Robinson?s blood-alcohol content (BAC) at the time of his death was 0.155%.

LEGAL ANALYSIS AND CONCLUSION

The Attorney General is charged by law with investigating the circumstances under which any law enforcement officer uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others or the need to arrest or stop a dangerous person from escaping, as defined by law, is reasonably generated by the facts so as to preclude criminal prosecution. The review does not include an analysis of potential civil liability, whether any administrative employment action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for any individual, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the individual must actually and reasonably believe that unlawful deadly force is imminently threatened against the individual or against someone else, and, second, the individual must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Under the law, whether a particular use of force is reasonable is based on the totality of the circumstances. The judgment must be from the perspective of a reasonable officer on the scene, and must allow for the fact that police officers are often forced to make split-second decisions about the amount of force necessary. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time that Agents Tierney and Demanski fired the shots that resulted in Mr. Robinson?s death, it was reasonable for the agents to believe that unlawful deadly force was being used against them, and it was reasonable for the agents to believe that it was necessary for them to use deadly force to counter that use of deadly force. The Attorney General?s conclusions are based on an extensive scene investigation, interviews with numerous individuals, and review of all evidence made available from any source.

CONTACT: Martha Demeritt, (207)626-8599

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Amgen Settles Drug Marketing and Pricing Claims

December 19, 2012

AUGUSTA ? Attorney General William J. Schneider announced today that Maine, various other states and the federal government reached an agreement with Amgen, Inc. (Amgen) to settle allegations that Amgen engaged in various illegal marketing practices to promote sales of the drugs Aranesp, Enbrel, Epogen, Neulasta, Neupogen and Sensipar and inaccurately reported and manipulated prices for these drugs causing the submission of false claims.

As part of this settlement, Maine will receive a total of $13,313 in restitution and other recovery.

?Improper marketing and pricing put enormous costs on Medicaid and taxpayers,? said Attorney General Schneider. ?This settlement will bring some relief for the harm done and put in place measures to prevent these false claims from happening again.?

Amgen will pay the states and the federal government a total of $612 million in civil damages and penalties to compensate Medicaid, Medicare, and various federal healthcare programs for harm suffered as a result of its conduct.

In addition, Amgen has agreed to plead guilty to an information to be filed by the government in the United States District Court for the Eastern District of New York, that will allege a violation of Title 21, United States Code, Sections 331(a), and 333(a)(1) and Title 18, United States Code, Sections 2 and 3551 et seq., namely, the introduction into interstate commerce of a drug that was misbranded within the meaning of 21 U.S.C. ? 352(a), specifically, Aranesp, in violation of the Food, Drug and Cosmetic Act (?FDCA?).

The government entities alleged that Amgen engaged in several improper marketing and pricing practices that included the following:

  • Amgen illegally marketed the drugs Aranesp, Enbrel and Neulasta;

  • Amgen illegally offered, paid or caused to be paid kickbacks for the purpose of influencing health care providers? selection and utilization of Aranesp, Enbrel, Epogen, Neulasta, Neupogen, and Sensipar for Medicaid recipients;

  • Amgen knowing reported inaccurate Average Sales Prices (?ASP?) for Aranesp, Epogen, Neulasta and Neupogen;

  • Amgen knowingly reported inaccurate Best Prices and AMPS for Aranesp, Enbrel, Epogen, Neulasta, Neupogen and Sensipar by failing to include remuneration that was paid to health care providers and that was conditioned on purchase of Amgen products in violation of the Medicaid Rebate Statute, 42 U.S.C. ? 1396r-8.

As a condition of the settlement, Amgen will enter into a Corporate Integrity Agreement with the United States Department of Health and Human Services, Office of the Inspector General, which will closely monitor the company?s future marketing and sales practices.

This settlement is based on ten qui tam cases that were filed in the United States District Court for the District of Massachusetts, the United States District Court for the Eastern District of New York and the United States District Court for the Western District of Washington by private individuals who filed actions under state and federal false claims statutes.

A National Association of Medicaid Fraud Control Units team participated in the investigation and conducted the settlement negotiations with Amgen on behalf of the settling states. Team members included representatives from the Offices of the Attorneys General for the states of California, Massachusetts, Indiana, Illinois, New York and North Carolina.

Maine was represented by Assistant Attorney General Michael Miller, Director of the Healthcare Crimes Unit.

The Healthcare Crimes Unit is the Medicaid Fraud Control Unit for the State of Maine charged with investigating and prosecuting financial fraud and other crimes committed by MaineCare providers or their employees, and investigating and prosecuting abuse, neglect or exploitation of elderly and dependent persons that occurs in health care facilities or by health care providers. To learn more about the Office of the Attorney General Healthcare Crimes Unit, go to:

http://www.maine.gov/ag/crime/crimesweprosecute/healthcare_crimes.shtml

Attorney General Schneider Warns of Phony Legal Action Calls

December 28, 2012

AUGUSTA ? Attorney General William J. Schneider is warning Maine consumers about a telephone scam involving callers who claim that the consumer has been named in a legal action. The caller instructs the consumer to make a call to another number to resolve the matter or else face a lawsuit.

Several consumers have reported receiving such calls over the past week.

Consumers describe the calls as threatening.

?If you receive a call claiming that you are being sued, named in a legal action or subpoenaed, hang up immediately,? advised Attorney General Schneider. ?Do not call any numbers provided by the caller. Calling the number will only result in more scam calls.?

Schneider warned that although consumers may be tempted to make the call to find out who is calling, it is not worth the risk of becoming the target of the aggressive tactics of fraudsters.

If the incoming call number can be identified, report it to your telephone service provider. If you think you have experienced a threatened legal action scam, call the Attorney General?s Consumer Protection Hotline at (207) 626-8849.

Report of Attorney General William J. Schneider on the Use of Deadly Force by State Police Trooper on July 1, 2012 in Hermon

December 31, 2012

Facts

On Sunday night, July 1, 2012, Michael McKay, 24, was shot by State Police Trooper Gregory Roy during an armed confrontation outside Mr. McKay?s home on Buck Lane in Hermon.

On July 1, Michael McKay met with his estranged wife to discuss divorce proceedings. Later that afternoon, Mr. McKay drove to Orrington where he purchased a .40 caliber semi-automatic handgun equipped with a laser sight. He also purchased a box of ammunition for the gun.

Not long after making the purchase, Mr. McKay drove to a residence in Kenduskeag where he believed that his wife was staying. Once there, Mr. McKay, drinking a beer, threatened a man in the residence with the handgun he had just purchased in Orrington by pointing the gun at the man?s head. The man tried to grab the gun and the two struggled. As the man was trying to push Mr. McKay out the door, he told Mr. McKay that he was going to call the police. Mr. McKay held the gun to his own head, and told the man that he (McKay) would not be going to jail and that ?no one is going to take me.? Upon leaving the residence, Mr. McKay fired three rounds from his handgun into his wife?s unoccupied vehicle, which was parked outside the residence. In the meantime, the wife and her companion had arrived at the residence in Kenduskeag but, upon seeing Mr. McKay?s vehicle parked at the residence, they drove to the McKay residence in Hermon. Once in Hermon the wife found a bag containing her clothes outside the residence. She went into the residence to check on her dog and to retrieve a laptop computer. She noticed several empty beer bottles inside the residence that had not been there earlier in the day when she met with Mr. McKay.

The wife and her companion left the Hermon residence and, shortly after, received a call from Mr. McKay. Mr. McKay told her he was back at the residence in Hermon and that he noticed that she had been there and taken the laptop computer. He told her she needed to return to the residence, but she declined and ended the call. During the next five hours, Mr. McKay called his wife?s cell phone 30 times and left two messages. In the last message, he said ?the troopers are here to get me, but they?re not gonna take me.?

Two State Police troopers were the first to arrive at the McKay residence in Hermon. Shortly after arrival, they heard gunshots from the rear of the residence. One of the troopers observed a person later determined to be Mr. McKay inside the residence with a laser sight that he was pointing outside into a wooded area. As other officers from the State Police and the Penobscot County Sheriff?s Office arrived, they positioned themselves around the residence. One of the officers observed Mr. McKay come out onto a front deck and raise a handgun with a laser sight. The officer also observed Mr. McKay waving the handgun in a semi-circular fashion. The same officer saw Mr. McKay go back inside the residence where he pointed the handgun?s laser out various windows into wooded areas around the residence. Several officers heard at least one gunshot coming from inside the residence.

One of the deputies spoke with Mr. McKay?s neighbor, who said she had spoken with Mr. McKay on the telephone and asked him why the police were in the woods around his home. Mr. McKay reportedly told the neighbor that he didn?t know, but during a subsequent phone conversation minutes later, he said he did know. The deputy, using the neighbor?s telephone, then spoke directly with Mr. McKay, who sounded intoxicated and angry. Mr. McKay denied having a gun and refused to come out of his residence. He eventually hung up, but the deputy and Mr. McKay spoke again and Mr. McKay told him that he believed his wife was having an affair and that he had just signed divorce paperwork. Mr. McKay told the deputy that he knew the officers were ?in the shadows of the woods? and asked where they were hiding. Some members of the State Police Tactical Team and the Crisis Negotiation Team had already arrived at the location, but the remainder of the Tactical Team was summoned at this time. While telephone contact was later re-established between Mr. McKay and a police negotiator, Mr. McKay refused to come out of the residence. He told the negotiator that he knew the police were in the woods around his residence.

Members of the Tactical Team were deployed in positions around the residence, relieving the initial responding officers occupying those positions. One of the members of the team so deployed was Trooper Gregory Roy. Not long after the Tactical Team?s arrival, Mr. McKay was observed pacing back and forth inside his residence, and scanning outside the residence with the laser on his weapon. Mr. McKay came out of the residence onto the front deck and stood in the open doorway. While talking on a telephone , he pointed his weapon and scanned the laser as if searching for someone. He fired two shots in the general direction of at least two members of the Tactical Team. Simultaneously, having observed Mr. McKay point his weapon as if to fire it, Trooper Roy fired at Mr. McKay. A single shot struck Mr. McKay in the leg, whereupon he fell in a backwards motion into the residence. Within seconds, a single gunshot was heard from inside the residence. It was later determined that Mr. McKay had killed himself once back inside the residence with a single self-inflicted gunshot to the head.

Dr. Edward David of the Office of the Chief Medical Examiner conducted an investigation at the scene, and Chief Medical Examiner Dr. Margaret Greenwald later conducted a post mortem examination in which she determined the cause of Mr. McKay?s death to be a single .40 caliber close contact gunshot wound to the head and the manner to be suicide. Mr. McKay?s blood-alcohol content (BAC) at the time of his death was 0.243%.

Analysis and Conclusion

The Attorney General is charged by law with investigating any use of deadly force by a law enforcement officer while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, is reasonably generated by the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for any person to be justified in using deadly force for self-defense or the defense of others, two requirements must be met. First, the person must reasonably believe that deadly force is imminently threatened against the person or against someone else, and, second, the person must reasonably believe that deadly force is necessary to counter that imminent threat.

Attorney General William J. Schneider has concluded that at the time shots were fired at Mr. McKay by Trooper Roy, it was reasonable for Trooper Roy to believe that deadly force was imminently threatened against himself and other officers. In addition, it was reasonable for Trooper Roy to believe that it was necessary for him to use deadly force to protect himself and other officers from the imminent threat of deadly force posed against them by Mr. McKay?s actions. This conclusion is based on an extensive scene investigation, interviews with numerous individuals, review of medical records, and all other evidence made available from any source.

CONTACT: Martha Demeritt (207) 626-8599

Report of Attorney General William J. Schneider on the Use of Deadly Force by State Police Trooper in Edinburg on August 14, 2012

December 31, 2012

On Tuesday evening, August 14, 2012, Warren Dome, 54, was shot and wounded by State Police Trooper Christopher Hashey during an armed confrontation near Mr. Dome?s home on the Edinburg Road in Edinburg.

Facts

On August 14, at 5:29 p.m., the Orono Regional Communications Center received a 911 telephone call from a man in Edinburg. The caller identified himself as ?Fred Baun.? The caller was later identified as Warren Dome of Edinburg. Mr. Dome told the dispatcher that ?you need to come down to 682 Edinburg Road in Edinburg.? Mr. Dome said that he did not ?want to go on anymore.? When the dispatcher asked what he meant, Mr. Dome told the dispatcher to ?figure it out.? When asked if he was going to hurt himself, Mr. Dome said that he did not know what he wanted to do. Mr. Dome told the dispatcher that he was a veteran, that there were ?mean hummingbirds? around his house, and acknowledged that he had been drinking. Mr. Dome was asked if he had any weapons and he replied ?maybe.? He also told the dispatcher that he had a garbage can, a mean gray squirrel, and a 185-pound dumbbell set. According to Mr. Dome, he was alone and he did not want to hurt anyone else. He told the dispatcher to ?send the militia? and that he was ?not going to go down easy.? Mr. Dome then terminated the call.

Trooper Christopher Hashey, who was patrolling Interstate 95 in an unmarked State Police cruiser, was dispatched to the call. Trooper Hashey was alerted to the possibility that Mr. Dome could be suicidal. The trooper was told that Mr. Dome indicated that he did not want to go on anymore and that he would not ?go down easy.? Trooper Hashey was also advised that Mr. Dome would not say if he had any weapons. The dispatcher who had spoken with Mr. Dome told Trooper Hashey that he felt that Mr. Dome was a ?real threat.? While Trooper Hashey was receiving this information, a dispatcher re-established telephone contact with Mr. Dome. Mr. Dome told the dispatcher, ?You had better get your asses down here, because I?m done.? Mr. Dome further stated, ?The only casualties are going to be on your side.? This information was relayed to Trooper Hashey and other responding officers.

On the way to the call, Trooper Hashey met up with a Penobscot County deputy sheriff, Raymond Goodspeed. Deputy Goodspeed and Trooper Hashey proceeded to the Dome residence on the Edinburg Road together in Trooper Hashey?s unmarked cruiser. According to Deputy Goodspeed, the Penobscot County Regional Communications Center informed him that it, too, had received a call from Mr. Dome and that, during the call, Mr. Dome remarked that the only casualties would be law enforcement. Trooper Hashey and Deputy Goodspeed were also made aware that Mr. Dome had been previously involved in a domestic dispute at the same residence on the Edinburg Road.

Shortly after 6 p.m., Trooper Hashey and Deputy Goodspeed drove by Mr. Dome?s residence, which was located about 150 feet from the Edinburg Road. They observed a woman approaching the residence. This foiled a plan to approach the residence tactically. Believing they had to act immediately to prevent this person from reaching the residence, the officers turned around, stopped at the driveway entrance, and got out of the unmarked cruiser. Both officers were in uniform and drew their service weapons. The officers observed the woman and a man and determined that the man was not Mr. Dome. The man told the officers that he and the woman had extinguished a small fire in the roadway at the entrance of the driveway, and were approaching the residence to speak with Mr. Dome, whom they knew. The officers told the couple to leave. As the couple was getting into their vehicle, the officers saw another man, later determined to be Mr. Dome, emerge from behind his house with a large knife in his hand. Trooper Hashey initially moved toward Mr. Dome in order to place himself between Mr. Dome and the man and woman who were getting into their vehicle in the driveway, but started moving away from Mr. Dome when the man and woman left the driveway in their vehicle. Mr. Dome continued to approach Trooper Hashey while displaying the knife in a threatening manner.

As Trooper Hashey walked backwards down the driveway toward the Edinburg Road, Mr. Dome continued to move toward him with the knife. Both Trooper Hashey and Deputy Goodspeed issued repeated commands for Mr. Dome to drop the knife. Mr. Dome was closing the distance between him and Trooper Hashey as the trooper reached the end of the driveway and entered the roadway. Additional commands to drop the knife went unheeded as Mr. Dome continued to move closer to Trooper Hashey. Mr. Dome did not stop advancing on Trooper Hashey and when he was within ten feet of Trooper Hashey and still advancing, Trooper Hashey fired two rounds. Both rounds struck Mr. Dome and he fell to the ground. Mr. Dome was taken into custody and given immediate first aid by Trooper Hashey and Deputy Goodspeed until the arrival of other officers and emergency medical services. Mr. Dome was treated at the scene and transported by helicopter to a Bangor hospital.

Analysis and Conclusion

The Attorney General is charged by law with investigating the circumstances under which any law enforcement officer uses deadly force in Maine while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution. The review does not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that unlawful deadly force is imminently threatened against the person or someone else, and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether deadly force by a law enforcement officer is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time Trooper Hashey fired his weapon at Mr. Dome, it was reasonable for Trooper Hashey to believe that deadly force was imminently threatened against him, and it was reasonable for Trooper Hashey to believe that it was necessary for him to use deadly force to protect himself from the imminent threat of unlawful deadly force posed by the actions of Mr. Dome. The Attorney General?s conclusions are based on an extensive scene investigation, interviews with numerous individuals, and review of all evidence made available from any source.

It is beyond the scope of this report and beyond the authority and expertise of the Attorney General?s Office to determine or speculate on Mr. Dome?s motivations, his state of mind, or the medical or psychological underpinnings of his behavior and actions on August 14, 2012, in Edinburg.

CONTACT: Martha Demeritt, (207)626-8599

National Mortgage Servicing Settlement Claims Deadline Approaching

January 2, 2013

Eligible Maine borrowers must file claims by January 18, 2013

AUGUSTA ? Attorney General William J. Schneider announced that eligible Maine borrowers who lost their homes due to foreclosure between January 1, 2008 and December 31, 2011 must file a National Mortgage Settlement Claim form by January 18th in order to receive a cash payment from a $1.9 million fund set aside for this purpose.

The National Mortgage Settlement Administrator, assigned to handle the logistics of distributing the cash payments, has taken extensive steps to ensure that eligible borrowers are aware of the claims process. In late September through early October notice letters and claim forms were mailed to eligible borrowers. A call center was opened for borrowers to speak with a trained customer service representative to answer questions about the settlement and the National Mortgage Settlement website was updated to allow borrowers to submit their claim forms online. A reminder postcard was sent to non-responders in November and December.

As of December 20, 2012 notices had been mailed to 2,538 eligible borrowers in Maine and 1,056 claims had been filed, for a filing rate of 51 percent.

?Many eligible borrowers who were foreclosed upon by one of the top five services between 2008 and 2011 have not yet filed their claim forms and after January 18th they may not be able to qualify for a cash payment from this fund,? said Attorney General Schneider. ?One of the key provisions of the Mortgage Settlement is this direct payment and I encourage eligible borrowers to take advantage of this remedy.?

If you believe you are eligible for relief and have not received a claim form, contact the National Mortgage Settlement Administrator at 1-866-430-8358. To file a claim online, go to http://www.nationalmortgagesettlement.com

The National Mortgage Settlement negotiated by the state Attorneys General and the federal government and announced in February 2012 impacts borrowers serviced by the following major lenders: ? Ally/GMAC ? Bank of America ? Citi ? JPMorgan Chase ? Wells Fargo

In addition to the fund for cash payments to eligible borrowers, the state received a direct payment of $6.9 million for continued funding of state foreclosure prevention programs, legal assistance to homeowners in foreclosure, and compensation to the state?s general fund to offset some of the cumulative impact to safety net services across the state.

Under the terms of the settlement, the five servicers subject to the agreement must provide an additional $20 million to Maine consumers for loan modification relief. Complete information on the number of loan modifications that have been offered and approved, the number of first and second mortgage liens that have been forgiven, the number of short sales with the deficiency balance forgiven, the number of transition payments made and the number of mortgages refinanced pursuant to the settlement can be found at http://www.mortgageoversight.com.

Report of Attorney General William J. Schneider on the Use of Deadly Force by State Police Trooper September 15, 2012

January 3, 2013

Facts In the late afternoon of September 15, 2012, State Police Trooper Kyle Wells shot at a vehicle being operated by Matthew Cole, 23, of Portland, in order to disable the vehicle. Neither Mr. Cole nor any other person was injured.

At around 5:30 p.m. on September 15, Trooper Wells was conducting a traffic safety detail at the Mile 44 southbound toll station of the Maine Turnpike in Scarborough. Trooper Wells was in uniform and had parked his marked cruiser at the parking area used by turnpike employees. Trooper Wells was standing on the tollbooth island that separates the two cash toll lanes; he was observing the traffic moving through those lanes.

Shortly before 5:39 P.M., Trooper Wells observed a silver Honda coupe approach one of the cash toll lanes. He noted that the Maine registration plate affixed to the front of the Honda coupe was displaying an expired registration sticker. Trooper Wells observed that the driver and sole occupant of the Honda, later identified as Matthew Cole, was a young adult male. After Mr. Cole paid the toll collector, Trooper Wells directed him to pull over near his cruiser. Rather than complying with the trooper?s instruction, Mr. Cole drove off at a high speed along the entrance ramp onto the Maine Turnpike. Trooper Wells ran to his cruiser, activated the emergency lights and siren, and radioed the Regional Communications Center (RCC) in Gray that a vehicle had taken off on him and of his intention to catch up with the vehicle. Trooper Wells? cruiser was equipped with a camera system, which recorded both audio and video portions of the overall event.

While attempting to catch up with the Honda, Trooper Wells observed the vehicle fleeing southbound on the turnpike and weaving in and out of traffic at a high rate of speed. He observed the Honda leave the turnpike at Exit 42. Trooper Wells followed the vehicle onto the exit ramp and came upon airborne debris. He saw the Honda off the paved surface of the road in a shallow earthen gully. Trooper Wells drove by the Honda and stopped about 35 feet beyond it. During the investigation of the incident, it was determined that Mr. Cole had lost control of the vehicle when he attempted to pass another vehicle on the exit ramp.

With his service weapon drawn, Trooper Wells approached the Honda and repeatedly told the driver, with whom he made eye contact, to shut off the engine and get out of the car. Ignoring the trooper?s instructions and in an apparent attempt to flee again, Mr. Cole placed the car in reverse and was trying to back the vehicle onto the ramp. The vehicle?s engine was racing and the vehicle?s rapid movement was causing gravel and other earthen debris to be thrown onto the roadway. Observing the vehicle coming toward him and also fearing that the vehicle would attempt to flee in the wrong direction on the ramp in the path of several other occupied vehicles, Trooper Wells fired several rounds at the vehicle in an attempt to disable it. When Trooper Wells shot at the vehicle, he was in the process of attempting to retreat from the approaching vehicle. The vehicle was within six feet of him when Trooper Wells fired at it, and Mr. Cole was attempting to negotiate his vehicle in a fashion that would have put the Honda against the flow of traffic in the wrong direction on the ramp. With the vehicle blocking the ramp but back on the pavement, Mr. Cole stopped the vehicle and submitted to custody. Mr. Cole was later charged with reckless conduct with a dangerous weapon, attempting to elude a police officer, criminal speed, and violation of probation.

Analysis and Conclusion The Attorney General is charged by law with investigating any use of deadly force by a law enforcement officer while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, is reasonably generated by the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Maine law defines deadly force as physical force that a person uses with the intent of causing, or that a person knows to create a substantial risk of causing, death or serious bodily injury. Further, in the specific context of a firearm, Maine law defines deadly force to include the intentional or reckless discharge of a firearm in the direction of another person or at a moving vehicle.

In addition to the legal justification for the use of deadly force in self-defense or the defense of others, a law enforcement officer is justified in limited circumstances in using deadly force to make an arrest or to prevent an escape. Specifically, an officer is justified in using deadly force under circumstances when the officer reasonably believes that the person has committed a crime involving the use or threatened use of deadly force, is using a dangerous weapon in attempting to escape, or otherwise indicates that the person is likely to seriously endanger human life or to inflict serious bodily injury unless apprehended without delay.

Whether a use of force is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time shots were fired at Mr. Cole by Trooper Wells, it was reasonable for Trooper Wells to believe that deadly force was imminently threatened against him, and it was reasonable for Trooper Wells to believe that it was necessary to use deadly force ? shooting at the vehicle in attempt to disable it ? to protect himself from the imminent threat of deadly force posed against him by Mr. Cole?s actions. Moreover, Attorney General Schneider determined that Trooper Wells reasonably believed that Mr. Cole had committed crimes involving the use of a motor vehicle in a manner that constituted deadly force, was using a dangerous weapon in attempting to escape, and was likely to seriously endanger human life unless apprehended without delay.

The Attorney General?s conclusions are based on an extensive scene investigation, interviews with numerous individuals, and review of all evidence made available from any source.

Report of Attorney General William J. Schneider on the Use of Deadly Force by State Police Trooper in Lamoine on October 23, 2012

January 4, 2013

Facts

On Tuesday, October 23, 2012, Leon Tilden, 27, was shot and killed by State Police Detective Randall Keaten during an armed confrontation near Mr. Tilden?s residence on Bobolink Lane in Lamoine.

On October 23, at approximately 3:30 a.m., the Hancock Regional Communications Center (RCC) received a 911 call from a woman on Bobolink Lane in Lamoine who reported that her son, Leon Tilden, had shot both her husband and her brother outside her residence. The caller said that Mr. Tilden had left the area in his father?s pickup truck.

A Hancock County deputy sheriff arrived at the residence minutes later, and observed the bodies of two men on the ground outside the residence. The men were later identified as Robert Tilden, 50, the father of Leon Tilden, and Russell Pinkham, also 50, Leon Tilden?s uncle. Investigation at the scene later determined that Leon Tilden had shot and killed his father outside the residence. When apparently confronted by his uncle, he shot and killed him, as well. The exact whereabouts of Leon Tilden was not known, although Robert Tilden?s pickup truck in which Leon Tilden was believed to have left the area was seen parked a short distance away near Mr. Pinkham?s residence on Bobolink Lane. Because it was believed that Leon Tilden was still in the area, the State Police Tactical Team[1] was summoned.

Over the next several hours, as members of the Tactical Team arrived they were deployed in positions around both the Tilden and Pinkham residences, relieving the officers who had been stationed in similar positions. One of the members of the team so deployed was Detective Randall Keaten. As members of the Tactical Team took up positions, they received reports that Mr. Tilden was possibly in possession of several firearms, including a 30.06 rifle, a 30.30 rifle, a .410 shotgun, a 20 gauge shotgun, and a .22 caliber pistol. The team was also informed that Mr. Tilden had been arrested in the past for assault and terrorizing, and that he had been arguing with family members during the previous days about his discharging firearms at night near the Tilden and Pinkham residences. Tactical Team members were also aware of reports that Mr. Tilden had expressed a desire at some point in the past to engage in a shootout with the police.

Members of the Tactical Team were starting to search outbuildings on the Tilden property when another member of the Team watching the Pinkham residence a few hundred feet away reported that Mr. Tilden had just come out of the Pinkham residence and then immediately disappeared from view. It was later established through other witnesses that Mr. Tilden had seen the activity of the officers searching outbuildings at his parents? residence, and that he had stayed close to the side of the Pinkham residence after leaving the residence in order to conceal his presence from the officers and escape into a wooded area of dense vegetation. A few of the officers deployed around the Pinkham residence caught glimpses of Mr. Tilden, armed with a long gun, as he moved quickly into the wooded area.

Within minutes of hearing that Mr. Tilden had fled the Pinkham residence, Det. Keaten saw him running along a trail which was parallel to and approximately 20 yards from his position. He noted that Mr. Tilden was carrying a shotgun and running in the direction of the other Tactical Team members who were still in the area of the Tilden residence. Concerned with Mr. Tilden?s close proximity and believing that Mr. Tilden may be trying to flank team members placing them in imminent danger, Det. Keaten fired several rounds at Mr. Tilden from a distance of about 15 yards. Struck by the gunfire, Mr. Tilden fell to the ground where he was taken into custody and provided immediate medical aid by a Tactical Team medic and local emergency medical services personnel. It was at this time that it was discovered that in addition to the shotgun, Mr. Tilden was armed with a pistol and several loaded magazines. A sawed-off shotgun that Mr. Tilden had been carrying was also found near him. Later, an additional firearm, a high-powered semi-automatic rifle, was found in Robert Tilden?s pickup truck, which was the vehicle used by Leon Tilden when he initially left the scene of the homicides. Mortally wounded by the gunfire, Mr. Tilden was transported by helicopter to a Bangor hospital where he later died.

Detectives from the Office of the Attorney General went to the scene to conduct an investigation. They were assisted by several members of the State Police, as well as members of the Maine Warden Service, the Hancock County Sheriff?s Office, and Dr. Edward David of the Office of the Chief Medical Examiner. The Deputy Chief Medical Examiner, Dr. Michael Ferenc, conducted a post mortem examination the next day in which he determined the cause of Mr. Tilden?s death to be multiple gunshot wounds. Dr. Ferenc also found the pattern of the gunshot wounds to be consistent with Mr. Tilden having been carrying a long gun with his right hand on the trigger and his left hand supporting the barrel when he was shot by Detective Keaten.

Analysis and Conclusion

The Attorney General is charged by law with investigating any use of deadly force by a law enforcement officer while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, is reasonably generated by the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for an individual to be justified in using deadly force for self-defense or the defense of others, two requirements must be met. First, the individual must reasonably believe that deadly force is imminently threatened against the individual or against someone else, and, second, the individual must reasonably believe that deadly force is necessary to counter that imminent threat.

In addition to the legal justification for the use of deadly force in self-defense or the defense of others, a law enforcement officer is justified in limited circumstances in using deadly force to make an arrest or to prevent an escape. Specifically, a law enforcement officer is justified in using deadly force only when the officer reasonably believes that such force is necessary and the officer reasonably believes that the person (1) has committed a crime involving the use or threatened use of deadly force, (2) is using a dangerous weapon in attempting to escape, or (3) otherwise indicates that the person is likely to endanger human life or to inflict serious bodily injury unless apprehended without delay. When using deadly force to make an arrest or prevent an escape, the officer must first make reasonable efforts to advise the person that the officer is a law enforcement officer, and the officer must have reasonable grounds to believe that the person is aware of this advice.

Whether a use of force is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time shots were fired at Mr. Tilden by Detective Keaten, it was reasonable for Detective Keaten to believe that deadly force was imminently threatened against him and other Tactical Team members, and it was reasonable for Detective Keaten to believe that it was necessary for him to use deadly force to protect himself and other officers from the imminent threat of deadly force posed against them by Mr. Tilden. Moreover, Attorney General Schneider determined that Detective Keaten reasonably believed that Mr. Tilden had committed crimes involving the use of deadly force, was using a dangerous weapon in attempting to escape, and was likely to seriously endanger human life unless apprehended without delay.

The Attorney General?s conclusions are based on an extensive scene investigation, interviews with numerous individuals, and review of all evidence made available from any source.

It is beyond the scope of this report and beyond the authority and expertise of this office to determine Leon Tilden?s motivations, his state of mind, or the medical or psychological underpinnings of his behavior and actions on October 23, 2012.

CONTACT: Martha Demeritt, (207) 626-8599

Attorney General Mills Warns Maine Medicare Recipients of Scam

January 22, 2013

AUGUSTA ? Attorney General Janet T. Mills is warning consumers about recent reports of calls from individuals claiming to represent Medicare.

There are reports from Maine Medicare recipients who have received phone calls claiming to be from Medicare. The callers claim Medicare is issuing a new Medicare card and asks for the consumer?s Medicare number, the name of their financial institution and their financial routing and account numbers.

Medicare consumers who provide this information are advised to review their Medicare statements carefully for the next year and contact 1-800-MEDICARE immediately if anything questionable appears on their statements. Consumers should also notify their financial institution if their account information has been compromised.

?Mainers can protect themselves by never giving any personal information to anyone over the phone,? said Attorney General Mills.

If you think you have experienced a Medicare scam, call the Attorney General?s Consumer Protection Hotline at (207) 626-8849.

Attorney General Mills Announces $500,000 Settlement for Maine in ?Robo-Signing? Case with Lender Processing Services, Inc.

January 31, 2013

AUGUSTA ? Attorney General Janet T. Mills announced today that her office has reached a settlement against Lender Processing Services, Inc. and its subsidiaries, LPS Default Solutions and DocX. The proposed judgment, which involves the Attorneys General of 45 states and the District of Columbia, resolves allegations that the Jacksonville-based company ?robo-signed? documents and engaged in other improper conduct in mortgage loan default servicing.

The judgment filed today by the Maine Attorney General in Kennebec County Superior Court prohibits LPS from using ?robo-signers? and improper notarizations. It will also require the company to review and correct all the documents it processed from 2008-2010 at the height of the foreclosure crisis.

?This settlement is a judgment in favor of the basic rights of ordinary people in the extraordinarily complex world of mortgage servicing,? said Mills. ?With this decision LPS is prohibited from using practices like ?robo-signing? and required to provide consumers with a fair review of their mortgage documents.?

In the proposed settlement, LPS stipulates to important facts uncovered in the investigation, including the practice by DocX of so-called ?surrogate signing,? the signing of documents by an unauthorized person in the name of another and notarizing those documents as if they had been signed by the proper person, as well as other improprieties.

?The unfair practices employed by this company contributed to a high rate of hastily processed foreclosures in Maine and across the country,? said Mills. ?The funds from this settlement will be used to support housing counselors to help Maine homeowners avoid foreclosure.?

Maine will receive $500,000 as part of the $120.6 million multi-state settlement. The consent judgment requires LPS and its subsidiaries to reform their business practices, to correct documents that they previously executed and to offer assistance homeowners. It also accomplishes the following:

? Prohibits LPS (including DOCX) from engaging in the practice of surrogate;

? Ensures that LPS has proper authority to sign documents on behalf of a servicer;

? Requires LPS to accurately identify the authority that the signer has to execute the document and where that signer works;

? Prohibits LPS from notarizing documents outside the presence of a notary and ensures that notarizations will comply with applicable laws;

? Prohibits LPS from improperly interfering with the attorney-client relationship between attorneys and services;

? Prohibits LPS from incentivizing or promoting attorney speed or volume to the detriment of accuracy;

? Requires LPS to ensure that foreclosure and bankruptcy counsel or trustees can communicate directly with the servicer;

? Requires LPS to have enhanced oversight and review of processes over third parties it manages, including those entities that perform property preservation services;

? Prohibits LPS from imposing unreasonable mark-ups or other fees on third party providers? default or foreclosure-related services;

? Requires LPS to establish and maintain a toll-free phone number for consumers concerning document execution and property preservation services (including winterization, inspection, preservation, and maintenance); and

? Requires LPS to modify mortgage documents that require remediation when LPS has legal authority to do so and when reasonably necessary to assist a consumer or when required by state or local laws.

Once the judgment is entered by the courts, LPS will review the documents executed during the period of January 1, 2008 to December 31, 2010 to determine what documents need to be re-executed or corrected. If LPS is authorized to make the corrections, it will do so and will make periodic reports to the Attorney General of the status of its review and/or modification of documents. Consumers may also call the LPS toll-free number and request review and correction of any documents executed by LPS at any time.

The following states joined Maine in today?s settlement: Alabama, Alaska, Arizona, Arkansas, California, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the District of Columbia.

Attorney General Janet Mills Joins Suit Against Standard & Poor?s Ratings

February 5, 2013

AUGUSTA, ME ? Attorney General Janet T. Mills announced today that her office has filed suit against Standard & Poor?s (S&P) alleging that the company engaged in unfair and deceptive business practices in the rating of certain complex finance securities that were at the heart of the nation?s financial crisis.

The complaint, filed today in Kennebec County Superior Court, alleges that S&P operated with an inherent conflict of interest, prioritizing profits over objective ratings. It alleges that the company knew its analytical models could not adequately assess these complex securities but that it continued to rate those products anyway, often awarding them the highest and safest rating of AAA. The suit that alleges S&P?s misconduct began as early as 2001, becoming particularly acute between 2004 and 2007, and continuing into 2011.

?The mutual funds and pension funds of Maine residents, retirees and workers were adversely impacted by S&P?s misconduct,? said Mills. ?The company promised independence, competence and objectivity, but what it provided were inflated ratings engineered to drive S&P?s profits at the expense of investors.?

The bipartisan Financial Crisis Inquiry Commission concluded in its report that the financial crisis ?could not have happened? without ratings agencies such as S&P.

?S&P violated the trust that it purposefully cultivated with the marketplace leading to disastrous results,? said Mills.

The enforcement actions sought by the Maine Attorney General?s Office include: court orders to stop S&P from making misrepresentations to the public; changes in the way the company does business; civil penalties; and the disgorgement of ill-gotten profits, which may total hundreds of millions of dollars.

The other states filing suit are Arizona, Arkansas, California, Connecticut, Delaware, Idaho, Iowa, North Carolina, Missouri, Pennsylvania, Tennessee, and Washington, as well as the District of Columbia.

The complaints allege that investors and other market participants, including state regulators, relied on S&P to fulfill its promise of independence and objectivity. Instead, S&P adjusted its analytical models for rating residential mortgage-backed securities and collateral debt obligations to allow it to assign as many AAA ratings as possible, allowing it to earn additional revenue from its investment banking clients. Assessing actual credit risk was of secondary importance to revenue goals and winning new business, the complaints allege.

S&P and its chief competitor, Moody?s Investors Service, Inc., dominate the market for rating structured finance securities and are responsible for rating virtually all structured finance securities issued into the global capital markets.

Maine Joins Briefs Urging Supreme Court to Strike Down California's Prop 8 and Federal DOMA

February 28, 2013

Augusta, Me ? Maine Attorney General Janet T. Mills has agreed to sign on to two separate friend-of-the-court briefs that urge the U.S. Supreme Court strike down laws that discriminate against same-sex couples. Maine has joined an amicus brief, filed today, asking the Court to declare California?s Proposition 8 unconstitutional. Maine has also signed on to a second amicus brief that will be filed tomorrow, urging the Court to strike down the federal Defense of Marriage Act (DOMA).

?Equal protection under the law is the bedrock on which America?s legal foundation is built,? said Attorney General Mills. ?I am troubled by the notion that a state might declare that one group of Americans can be accorded the benefits of civil marriage, but another group of Americans is not. I was proud that Maine voters were the first to approve marriage equality at the ballot box last November and I am proud to join this effort to ensure that more people in America can have the freedom to marry whomever they choose. I hope the Supreme Court will grant all married couples the benefits of federal tax, retirement, social security and other benefits.?

The Supreme Court will hear arguments on whether Proposition 8?s ban on marriage for same-sex couples violates the Equal Protection Clause of the 14th Amendment. The amicus brief was filed today by Massachusetts Attorney General Martha Coakley in the case of Hollingsworth v. Perry (12-144). The brief contends that Proposition 8 does violate the Equal Protection Clause and that the Court should declare Proposition 8 unconstitutional. The case is scheduled for oral argument on March 26.

Proposition 8 amended the California state constitution to define marriage as a union between one man and one woman. California voters approved the measure by ballot initiative in November 2008 after a California Supreme Court decision granting same-sex couples the right to marry. The amicus brief includes a total of 13 states and the District of Columbia. The state are: Connecticut, Delaware, Illinois, Iowa, Maine, Massachusetts, Maryland, New Hampshire, New Mexico, New York, Oregon, Vermont and Washington. The Attorney General of California filed a separate brief in support of equal marriage rights.

The brief refutes speculation offered by the proponents of Proposition 8 as to the negative effects of allowing same-sex couples to marry. The brief also argues that Proposition 8 actually harms families by denying the multitude of legal and social benefits of marriage to same-sex couples and their children.

The brief argues that ?Proposition 8 deprives the children of same-sex couples of the benefits of being raised in a secure, protected family unit with two married parents. In doing so, it works against the states? efforts to ?strengthen the modern family in its many variations,? citing the Massachusetts Supreme Judicial Court?s 2003 decision in Goodridge v. Department of Public Health. Maine is also joining a brief to be filed Friday by Attorney General Coakley, along with New York Attorney General Eric Schneiderman, in the case of U.S. v. Windsor urging the U.S. Supreme Court to strike down the federal Defense of Marriage Act (DOMA) as unconstitutional. DOMA defines marriage as a union between a man and a woman for the purposes of all federal laws. That case has been scheduled for oral argument in the Supreme Court on March 27, 2013.

This amicus brief is being joined by at least 16 other states, including New York, Massachusetts, California, Connecticut, Delaware, District of Columbia, Illinois, Iowa, Maine, Maryland, New Hampshire, New Mexico, Oregon, Rhode Island, Vermont and Washington.

The case was brought by New York resident Edie Windsor, who was married in Canada in 2007 to her partner, Thea Spyer. Following Spyer?s death two years later, the federal government denied Windsor the estate tax exemption available to surviving spouses. Windsor filed a lawsuit challenging the constitutionality of DOMA and seeking a refund of the estate taxes she was forced to pay as a result of the federal government?s refusal to recognize her marriage.

The amicus brief argues that DOMA is a significant departure from Congress?s more than 200 years of deference to all state marriage determinations and warrants closer review by the Supreme Court. In addition to highlighting many examples of DOMA undermining other federal laws by excluding protections to same-sex spouses, the brief contends that none of the arguments offered by those defending DOMA are legitimate bases for sustaining it.

?DOMA is an unwarranted intrusion into states? rights and denies equal protection under the law,? said Attorney General Mills. ?The State of Maine has declared that same sex couples have a right to civil marriage under the law and the federal government should not subject these people to discriminatory treatment.?

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Supporting documents

Mass Amicus Brief re DOMA 2-28-13

Maine Attorney General Janet T. Mills asks FDA to make generic pain pills harder to abuse

March 11, 2013

Maine Attorney General Janet T. Mills asks FDA to make generic pain pills harder to abuse 48 AGs call for more tamper and abuse resistant prescription drugs AUGUSTA, Me: Generic versions of popular pain relievers must be made harder to abuse, Attorney General Janet T. Mills and 47 other state and territorial attorneys general told federal officials in a letter sent today by the National Association of Attorneys General. The letter encourages the U.S. Food and Drug Administration (FDA) to adopt standards requiring manufacturers and marketers of generic prescription painkillers to develop tamper- and abuse-resistant versions of their products.
?We are asking the FDA to require generic producers to take the same steps that producers of brand-name opioid pain killers have taken to make it harder to use their products illegally,? said Attorney General Mills. ?Misuse and abuse of pain pills is a terrible problem in Maine. It is the number-one cause of crimes. We need to take comprehensive action to stem the tide of prescription drug abuse, and this action by the FDA would be an important step in that direction.? Prescription drug abuse is on the rise across the country and Maine has one of the highest per captia rates of abuse in the nation. Prescription pain relievers are among the most commonly abused drugs. Manufacturers of name-brand versions of painkillers such as OxyContin have taken steps to make it more difficult to abuse their drugs, for example, by making it harder to crush pills to inject or snort the drug.
?In our states, nonmedical users are shifting away from the new tamper-resistant formulations to non-tamper-resistant formulations of other opioids as well as to illegal drugs. There is great concern in our law enforcement community that many non-tamper-resistant products are available for abuse when only a few products have been formulated with tamper-resistant features,? the attorneys general wrote in their letter to the FDA. When abused or used incorrectly prescription drugs can be deadly. Fatal drug overdoses are now the leading cause of death due to unintentional injury in the United States, exceeding motor vehicle deaths, according to the U.S. Centers for Disease Control and Prevention.
Attorneys general from the following states and territories signed onto the letter: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.

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Supporting documents

Maine Joins Multistate Settlement Over Google Street View

March 12, 2013

(AUGUSTA, Maine) Attorney General Janet T. Mills joined 38 states and the District of Columbia in a $7 million settlement on Tuesday with Internet giant Google over its collection of data from unsecured wireless networks around the nation while taking photographs for its Street View mapping service between 2008 and March 2010.

The agreement bans unauthorized data collection, requires training of Google employees on privacy and includes a nationwide campaign to educate consumers on protecting information

Google?s Street View cars were equipped to collect identification information from unsecured business and personal wireless internet networks for use in geolocation mapping services. At the same time, Google collected and stored pieces of data and other ?payload data? being transmitted over those wifi networks.

While Google maintained it was unaware the payload data was being collected, the agreement of voluntary compliance signed with the states today acknowledges the information may have included requested Web pages, partial or complete email communications, and private information being transmitted to or from the network user while the Street View cars were driving by.

Attorney General Mills stated, ?As an industry leader Google has recognized that collecting personal and private data from an unsuspecting wifi network user is unacceptable. At the same time, this case is a reminder that people should take steps to protect themselves from unwarranted intrusions of their personal and financial matters. Password protecting your home or business wifi networks is a simple first step.?

Google has since disabled or removed the equipment and software used to collect the payload data from its Street View vehicles, and it has agreed not to collect any additional information without notice and consent.

The information collected was segregated and secured, and under terms of the agreement, it will be destroyed. Google also agreed that the payload data was not used, and will not be used, in any product or service, and that the information collected in the United States was not disclosed to a third party.

Other key elements of the agreement require Google to run an employee training program about privacy and confidentiality of user data and to continue this program for at least 10 years. Google must also conduct a public service advertising campaign to help educate consumers about how to better secure their personal information while using wireless networks.

Assistant AG?s Linda Conti and General Christina Moylan assisted the Attorney General with this case.

Maine?s share of the multistate settlement is $106,004.56. Maine?s share of the settlement funds may be used to cover the costs of litigation or to be used for future consumer protection or privacy enforcement and consumer education.

Other states participating in the settlement are: Alaska, Arkansas, California, Colorado, Delaware, Hawaii, Iowa, Kansas, Louisiana, Maryland, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Vermont, Virginia and Washington.

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Attorney General Mills joins Supreme Court brief in support of Indian Child Welfare Act

March 28, 2013

AUGUSTA ? Maine Attorney General Janet T. Mills has signed onto an amicus brief filed today in the United States Supreme Court which urges the Court to fully enforce the Indian Child Welfare Act (ICWA).

The case before the Court involves a baby born in Oklahoma to a father who is a member of the Cherokee nation. The non-Indian mother, who was not married to the father, put the child up for adoption. The child was placed for adoption with a non-Indian family and moved to South Carolina. The South Carolina Supreme Court ultimately ruled that the lower court, in approving the adoption, had violated ICWA. The lower court had ruled that because the child had not come from an ?existing Indian family,? that ICWA did not apply.

?The Indian Child Welfare Act provides minimum federal standards to ensure that the rights of Indian children, their parents and their tribes are fully respected in child custody proceedings,? Attorney General Mills stated. This federal law, enacted in 1978, was designed to reverse private and public efforts of assimilation of tribal members over many generations and to protect the ?continued existence and integrity of Indian tribes.? Congress found that, whenever possible, it is in an Indian child?s best interests to maintain a relationship with the child?s tribe.

ICWA requires that a parent who is a tribal member be given strong preference for custody. The law further requires that in an adoption placement of an Indian child whose parents have given up their rights, state courts must give preference to a member of the child?s extended tribal family or to other Indian families, unless good cause is shown to deviate from those preferences.

?The facts of the South Carolina case are particularly outrageous,? Mills stated, ?because the father of this Indian child was in the military and he was first notified about the proposed adoption of his child only four days before he was scheduled to deploy to Iraq.?

?The State of Maine, the Wabanaki people, and potential adoptive parents should know what the Federal law requires and should know that the law will be applied evenly,? Mills stated. ?The State of Maine conscientiously adheres to ICWA and trains its case workers and judges accordingly. Maine courts have never adopted the so-called ?Indian family exception? at issue in the South Carolina case.?


Attorney General Mills Presents Amendment to Drone Legislation

April 12, 2013

AUGUSTA ? Attorney General Janet T. Mills presented an amendment to the so-called ?Drones? bill that would preempt any inappropriate use of unmanned aerial vehicles by law enforcement officials and regulate their use for investigative purposes. The amendment was presented by the Attorney General at Thursday?s work session on LD 236, An Act to Protect the Privacy of Citizens from Domestic Unmanned Aerial Vehicle Use, sponsored by Senator John Patrick.

Attorney General Mills? amendment specifically prohibits the use of drones at labor actions, peaceful picketing or other peaceful exercise of First Amendment rights by private citizens. It encourages manufacturing and testing by private entrepreneurs and it permits legitimate law enforcement uses for search and rescue, traffic accident photography, forest fire assessment, and the like, while directing that specific guidelines be developed for use in criminal investigations.

?Technology is evolving by the moment,? said Attorney General Mills. ?Drones present many novel legal issues, but they also present an opportunity for any number of beneficial and lifesaving uses. The challenge is to address this new technology in a thoughtful , deliberative manner ? not to create a process so burdensome that no police officer, forest ranger, Marine Patrol Officer or game warden would ever be able to deploy one as a practical matter, even to save a life. The Board of Trustees of the Maine Criminal Justice Academy, which includes five public members, has experience dealing these kinds of novel and controversial issues. In recent years the Board has successfully created model policies regarding racial profiling, high speed pursuit, response to domestic violence, use of deadly force and other police standards and these have all been well received."

The Mills Amendment would also impose a moratorium for non-emergency, criminal investigatory use by law enforcement agencies through July 1, 2014, while the Academy Board develops minimum standards for the use of drones, with a report back to the Legislature by December 31, 2013. Except for obvious emergencies, no law enforcement agency may operate a drone before adopting the minimum standards.

The Mills amendment proposes legislative findings that:

??Evolving technology regarding unmanned aerial vehicles ?drones? presents a potential economic driver for the State of Maine; an opportunity for research and development; a very real benefit for security, search and rescue efforts and for disaster prevention and relief; a tool for the investigation of serious crimes, as well as a potential threat to the privacy of Maine citizens if widely used by law enforcement in the conduct of criminal investigations without appropriate guidelines and supervision.?

The Mills amendment is the result of many hours of meetings with the Maine State Police, the Fire Marshal, the Warden Service, the MCJA Director, other law enforcement agencies, private entrepreneurs, and the ACLU-Maine.

The Judiciary Committee tabled LD 236 for two weeks to review amendments.

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Amendment would prohibit surveillance of peaceful picketing, encourage manufacturing and testing and allow legitimate law enforcement uses with strict guidelines

Supporting documents

4-11-13 Mills Amendment to LD 236

Handyman Violated Unfair Trade Practices Act

April 16, 2013

AUGUSTA ? Attorney General Janet T. Mills has announced that self-professed ?handyman? Daniel B. Tucci of Portland, Maine, has been found guilty of numerous violations of Maine?s Unfair Trade Practices Act. In a ruling by Cumberland Superior Court Justice Joyce Wheeler following a three-day trial, Tucci was ordered to provide more than a quarter of a million dollars in restitution to 14 different victims. Mr. Tucci is permanently barred from operating a handyman or home repair business in the future. If Mr. Tucci fails to make the restitution payments he will also have to pay $140,000 in civil penalties.

?Mr. Tucci?s behavior is truly reprehensible,? Attorney General Mills stated. ?He lied about his qualifications. He took money from people and didn?t finish the job. The work he did do on people?s homes was shoddy. Then, when people complained, he harassed and threatened them, threatened to sue them, even calling their work place and berating them.?

Mr. Tucci targeted elderly people in particular and did business under a number of different names in York and Cumberland Counties: ?Dan the Handyman,? ?Tripol Handyman Services,? ?The TrixiePolly Co.,? ?TriDan,? ?Tripol Construction,? and ?T.P.D.F., LLC.?

?The State of Maine will not tolerate these kinds of shoddy business practices. I applaud the court?s decision in this case,? the Attorney General stated.

The Superior Court found that Mr. Tucci falsely advertised his services and qualifications, that he took advance payments and then failed to complete the work, that he provided shoddy and incomplete work and that he refused to correct the work he did or to refund the money paid. The Court also found that he threatened and intimidated customers.

The most egregious example of Mr. Tucci?s business dealings was that he took $80,000 in upfront payments from an elderly couple for a basement renovation; nearly all of the necessary work was left either incomplete or undone. After ending their relationship with Mr. Tucci, the couple was able to have the work corrected for just $14,000 by another contractor ? a far cry from the $145,000, Mr. Tucci ultimately charged them.

The Court found that Mr. Tucci falsely advertised himself as a licensed home repair person and handyman. From 2004 to 2012 he advertised his services in York and Cumberland counties, implying that he was competent and licensed in several trades including electrical, masonry, plumbing and oil burner services. In fact, Mr. Tucci holds no professional licenses

Mr. Tucci also took advance payments for work and then failed to complete the work. At the trial, held from January 22 to 25, 2013 in Portland, the court heard from witnesses who testified that Mr. Tucci required payments of half the estimate up front and then was ?painfully slow? to do the work. He would often use the delay to persuade homeowners that extra work was required.

When confronted about his shoddy, unworkmanlike or incomplete work, Mr. Tucci refused to give refunds and even threatened his customers. Mr. Tucci went so far as to contact the employer of one customer stating that they ?were not fit for employment.? He bullied his customers, constantly telling them, ?I know where you live. I will find you. No one does this to me.??

Attorney General Mills commended Assistant Attorney General Linda Conti, Director of the Consumer Protection Division, and Assistant Attorney General Carolyn Silsby, who prosecuted the case.

No homeowner should be pressured to pay more than a third up front for any home repair job. Consumers should insist on a written contract and should check the references for anyone who offers to perform work on their home.

Maine Consumers who believe they may be the victim of an unfair trade practice can call the Maine Attorney General?s Office with questions.
Consumers can call the specifically dedicated line 1-800-436-2131 or 626-8849 Monday-Friday 9:00 a.m. ? noon and 1:00 p.m. ? 4:00 p.m. In addition to the toll free phone number, consumers can contact the Consumer Protection Division by email at consumer.mediation@maine.gov and by regular mail by writing to: Attorney General?s Office, Consumer Protection Division, 6 State House Station, Augusta, ME 04333. The Consumer Protection Division also has a lot of consumer information on the website ? www.maine.gov/ag.

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Daniel B. Tucci ordered to pay restitution of $236,500 to 14 victims, permanently barred from doing home repairs.

Supporting documents

Tucci Order 4-9-13

Report of the Attorney General on the Use of Deadly Force

April 13, 2013

Synopsis

In the early morning hours of December 22, 2012, State Police Trooper Paul Casey shot at Michael Callahan from outside Mr. Callahan?s home in Minot in an armed nighttime confrontation during which Mr. Callahan fired multiple rounds in the direction of Trooper Casey and other law enforcement officers. Neither Mr. Callahan nor any other person was injured during the six-hour standoff in which Mr. Callahan fired at least 90 rounds from at least three different weapons in his home.

Facts

As a result of a 911 call from a teenage girl reporting a domestic disturbance involving her father brandishing a firearm, State Police troopers and Androscoggin County deputy sheriffs responded to a residence on Verrill Road in Minot at about 10 p.m. on Friday, December 21, 2012. The residence was the home of Michael Callahan, age 44, and his family. The residence was a large two-level colonial style single family dwelling with a daylight basement and an attached two car garage. Surrounded by manicured lawns with no plants, rocks, trees or bushes within about 100 feet, the residence was situated on an approximate 12-acre lot about 450 feet from the main road. An initial investigation disclosed that Mr. Callahan?s wife and two children had left the home after Mr. Callahan, upset over the notion of the police coming to his home, loaded and displayed an AK-47 assault rifle with a scope while making statements indicating he wanted to die. The wife and children were followed outside the house by Mr. Callahan, who was still armed with the loaded rifle. Mr. Callahan made no attempt to stop them when they left the premises in the wife?s car.

The initial investigation also disclosed that Mr. Callahan?s brother and his brother?s wife, while not being fully aware of what was occurring at the residence, had gone to the home in response to a call from Mr. Callahan?s young son, and had been confronted by Mr. Callahan, who was still armed with the assault rifle. After answering the door, Mr. Callahan walked out of the residence and attempted to leave in his pickup truck while still armed with the AK-47. Mr. Callahan?s brother blocked Mr. Callahan from immediately leaving and attempted to persuade him to stay. Mr. Callahan fired the assault rifle in the direction of the brother and the brother?s wife and retreated into his residence.

The brother?s wife fled the residence and called 911 requesting police assistance. The brother attempted to gain entry to the residence in hopes of calming Mr. Callahan but was unable to get into the house. The brother, slightly injured and bleeding from his attempts to get into the house, left the residence after hearing several gunshots from inside. He went to a neighbor?s home where he announced that Mr. Callahan was dead. The neighbor accompanied the brother back to the Callahan residence where the brother attempted again to break open a door to the home. The pair concluded, after hearing the discharge of about a dozen gunshots from inside the residence, that Mr. Callahan was not dead. As the neighbor fled the residence and ran down the driveway, he heard more gunshots coming from inside the residence. At the end of the driveway, the neighbor encountered one of the responding police officers who instructed him to return to his residence.

Shortly thereafter, the brother gained entry into the house. From the base of a staircase, he observed Mr. Callahan at the top of the staircase on the second floor. While demanding that the brother leave the residence, Mr. Callahan fired the AK-47 rifle, a Thompson .45 caliber machine gun, and a .40 caliber pistol down the stairwell in the direction of his brother. While firing additional rounds from the second floor of the house through the ceiling of the kitchen, Mr. Callahan told his brother that he knew police officers were in the house because he could see their shadows. In fact, there were no police officers or other persons in the house at that time. Fearing for his safety, the brother left the residence and went to the home of a neighbor.

Responding officers from the State Police and the Sheriff?s Office arrived at the residence knowing at that point that only Mr. Callahan remained in the residence. They heard multiple gunshots from inside the home as they established a perimeter around the residence. Some of these officers reported hearing gunshot rounds striking the trees and the ground near their locations. It was against this backdrop that the State Police Tactical Team was summoned.[1] One member of the team was Trooper Paul Casey. Trooper Casey and other team members were assigned to replace the initial responding troopers and deputy sheriffs who had taken up positions around the perimeter of the residence. Responding at about the same time were members of the State Police Crisis Negotiation Team.

Over the course of approximately two hours, numerous attempts were made by members of the crisis negotiation team to establish contact with Mr. Callahan. None of the 48 telephone calls made to the residence was answered. At the same time, several demands over a loud speaker for Mr. Callahan to come out of the residence unarmed went unheeded, despite clear evidence that Mr. Callahan heard the demands. Instead, during this period of time, Mr. Callahan continued to shoot from his residence in the direction of officers, including Trooper Casey. Many of these rounds struck trees or limbs near the officers. Later investigation confirmed that some of the rounds fired from the house by Mr. Callahan indeed struck trees and limbs near some of the troopers, including a bullet strike from the AK-47 scoped rifle in a tree about 30 feet from where one trooper was situated. Evidence of .45 caliber machine gunfire was later collected approximately 25 yards from Trooper Casey?s position.

Establishing a line of sight by the sound of gunshots coming from the house, Trooper Casey observed the silhouette of who he believed to be Mr. Callahan firing from inside the residence through a window in the daylight basement. Trooper Casey aimed and fired several rounds at the window. Later investigation determined that Trooper Casey was situated about 165 feet from the residence, and that he fired 16 rounds in the direction of Mr. Callahan. While none of the rounds struck Mr. Callahan, within minutes of the rounds being fired Mr. Callahan walked out of the residence unarmed and was taken into custody without further incident. Mr. Callahan was later charged by the Androscoggin County District Attorney?s Office with several crimes, including domestic violence criminal threatening with a dangerous weapon and reckless conduct with a firearm. Over 50 firearms, some fully loaded, were seized from the residence, including 22 handguns, 26 rifles, and six shotguns. Also found in the residence were easily accessible stores of ammunition and a pair of night goggles.

Detectives from the Office of the Attorney General went to the scene to conduct an investigation. They were assisted by members of the State Police, the Maine Warden Service, and the Androscoggin County Sheriff?s Office.

Analysis and Conclusion

The Attorney General is charged by law with investigating any use of deadly force by a law enforcement officer while acting in the performance of the officer's duties, whether or not that act actually causes death or any injury at all. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, is reasonably generated by the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for any person to be justified in using deadly force for self-defense or the defense of others, two requirements must be met. First, the person must reasonably believe that deadly force is imminently threatened against the person or against someone else, and, second, the person must reasonably believe that deadly force is necessary to counter that imminent threat.

Attorney General Janet T. Mills has concluded that at the time Trooper Casey fired shots in the direction of Mr. Callahan, it was reasonable for Trooper Casey to believe that deadly force was imminently threatened against himself and other officers. In fact, Mr. Callahan had already fired dozens of rounds in the direction of the police from a high powered rifle and a machine gun, and the officers had good reason to fear for their safety. In addition, it was reasonable for Trooper Casey to believe that it was necessary for him to use deadly force to protect himself and other officers from the imminent threat of deadly force posed against them by Mr. Callahan?s actions. This conclusion is based on an extensive scene investigation, interviews with numerous individuals, and all other evidence made available from any source.

Attorney General Mills Advises Consumers to be on the Lookout for Travel and Timeshare Scams

May 22, 2013

AUGUSTA ? With Memorial Day approaching more Mainers may start to receive solicitations from bogus companies enticing them take a free or incredibly cheap vacation or for an exceptional opportunity to sell their existing timeshare. Attorney General Mills asks consumers to be leery of any consumer deal that sounds too good to be true, because it probably is.

VACATION SCAMS

Not sure if you?re dealing with a travel scam? Here are six signs that sun-splashed getaway isn?t what it seems:

  1. You ?won a free vacation,? but you have to pay some fees first. A legitimate company won?t ask you to pay for a prize.

  2. The prize company wants your credit card number. Even if they say it?s just for ?verification,? ?taxes,? or ?port fees,? don?t give it to them.

  3. They cold-call, cold-text, or email you out of the blue. Before you do business with any company you don?t know, call the Attorney General?s office; then, search online by entering the company name and the word ?complaints? or ?scam.?

  4. They don?t ? or can?t ?give you specifics. They promise a stay at a ?five-star? resort or a cruise on a ?luxury? ship. The more vague the promises, the less likely they?ll be true. Ask for specifics, and get them in writing.

  5. You get pressure to sign up for a travel club for great deals on future vacations. The pressure to sign up or miss out is a sign to walk away. Travel clubs often have high membership fees and limited choice of destinations or travel dates.

  6. You get a robocall about it. Robocalls from companies are illegal if you haven?t given a company written permission to call you. That?s true even if you haven?t signed up for the national Do Not Call Registry.

TIMESHARE SCAMS

Want to sell your timeshare? You might get a call from a company that says they have someone ready to buy your place, or that they?ll sell it for you in a short time, if you pay them a fee first. One problem: they don?t have a buyer, and if you pay, you may never hear from them again ? or get the refund they?ve promised.

Before you sell a timeshare:

  1. Check out the company before you agree to anything. See if the Attorney General and local consumer protection agencies in the company?s home state have complaints, then search online by entering the company name and the word ?complaints? or ?scam.?

  2. Deal only with licensed real estate brokers or agents. Check with the Real Estate Commission in the state where your timeshare is located to make sure the company has a current license.

  3. Get all terms in writing before you agree to anything. That includes services that will be performed, timing of the sale, fees and commissions, cancellation and refund policies. If a company says you have to act now or you might miss out on a buyer, it?s not a company you want to do business with.

  4. Consider doing business only with someone who gets paid after the timeshare is sold. Don?t wire money or pay in cash.

  5. Be alert to a repeat scam. If you were scammed once by a timeshare reseller, another scammer might offer to help get your money back ? for a fee. Legitimate companies don?t ask you to pay before you?ve gotten your money back.

Read more about timeshares and vacation plans on the Federal Trade Commission?s website at http://www.consumer.ftc.gov/articles/0073-timeshares-and-vacation-plans

If you think you may have been targeted by scam, report it to the Maine Attorney General?s Consumer Protection Division at 1-800-436-2131 or 626-8849 Monday-Friday 9:00 a.m. ? noon and 1:00 p.m. ? 4:00 p.m. or by email at consumer.mediation@maine.gov.

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More than 1,300 Mainers slated to receive checks resulting from national ?Robo-Signing? abuses under the National Mortgage Settlement distribution

June 4, 2013

AUGUSTA ? The practice of ?robo-signing? documents that led to widespread abuses by national mortgage servicing companies led to a landmark $1.5 billion settlement against five of America?s largest firms. About 1,379 Maine residents will begin receiving checks today that average approximately $1,480.

?The abuses by the national mortgage industry were extremely disturbing and they needed to be held accountable,? said Maine Attorney General Janet T. Mills. ?In addition to the compensation to the people who were subjected to these bad practices, the settlement seeks to stop it from happening again by requiring tough new mortgaging servicing standards. People have the right to a fair and accurate review of their mortgage documents and this settlement will uphold that standard for all Mainers.?

Checks will begin to be sent today to Mainers who lost their homes to foreclosure between January 1, 2008 and December 31, 2011, had their mortgage serviced by one of the settlement?s five participating mortgage servicers, and submitted a valid claim form. The participating servicers include Ally (formerly GMAC), Bank of America, Citi, JPMorgan Chase, Wells Fargo.

Nationally, the settlement administrator, Rust Consulting, will mail 962,278 valid claim payments from June 10 through June 17. In February 2012, 49 state attorneys general and the federal government announced the historic joint state-federal National Mortgage Settlement with the country?s five largest mortgage servicers. Preliminary data shows that, so far, the servicers have provided more than $50 billion in direct settlement relief to borrowers nationwide.

This settlement is in addition to other actions the Maine Office of Attorney General has taken to protect consumers from poor mortgage servicing practices. In February, 2013, Attorney General Mills announced a $500,000 settlement with one company that engaged in ?robo-signing? and improper notarizing of documents on behalf of other companies.

Every borrower who filed a claim will receive a letter regarding their outcome. Borrowers with questions about their National Mortgage Settlement payment should call settlement administrator Rust Consulting at 1-866-430-8358. Consumers with questions can also go to: www.NationalMortgageSettlement.com

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$1.5B national settlement stems from loan servicing abuses by firms including Ally (formerly GMAC), Bank of America, Citi, JPMorgan Chase, Wells Fargo

Maine Attorney General Janet T. Mills warns consumers about Deed Processing Notice?read the fine print.

June 24, 2013

Augusta - The Maine Office of the Attorney General is warning consumers about an offer involving a Deed Processing Notice that is being mailed to consumers. The notice tells consumers that they need to send $83 to obtain a copy of their deed to their real estate.

Attorney General Mills says ?if you want a copy of your deed, contact your local registry of deeds. You can get a copy much quicker and cheaper from your county registry.?

A close look at the fine print of the notice discloses that copies can be obtained at a lower cost directly from the county registrar. However, the notice appears to be designed to alarm and deceive consumers into paying for a service at a higher cost.

You can find information about your county registry of deeds at www.maineregistryofdeeds.org

If you have questions about this or other consumer protection matters, you can contact the Attorney General?s Consumer Protection Division: 1-800-436-2131 or email: consumer.mediation@Maine.gov

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AG Mills on Court?s Dispatch of DOMA: ?Recognizes the dignity of same sex couples?

June 26, 2013

Augusta, Me ? Maine Attorney General Janet T. Mills is applauding the result of a closely watched case before the US Supreme Court. In the decisions released today, the Supreme Court struck down the Federal Defense of Marriage Act (DOMA) in United States V. Windsor. Maine had signed onto an amicus brief in the case.

?Equal protection under the law is the bedrock on which America?s legal foundation is built,? said Attorney General Mills. ?Striking down DOMA extends the benefits, rights and responsibilities of marriage to all committed couples. DOMA created a separate, but not equal, class of married couples in Maine. This decision recognizes the dignity of same sex couples and will ensure equal treatment for them under hundreds of federal laws and regulations.?

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Maine AG responds to Supreme Court decision on Indian Child Welfare Act

June 28, 2013

AUGUSTA - Maine Attorney General Janet T. Mills expressed dismay at the decision handed down by the Supreme Court this week in the case of Adoptive Couple v. Baby Girl. The decision places limits on the applicability of the Indian Child Welfare Act (ICWA) in a case in which the Court found that the biological father who was a tribal member had relinquished his rights to his daughter because he did not have 'legal custody' of the child.

"Under Maine law, this man would not have lost rights and responsibilities to his child. He would be presumed to have equal parental rights with the mother under longstanding Maine statutes. We will continue to urge courts and case workers in Maine to apply ICWA fully, giving effect to Congress' intent to ensure that the rights of Indian children, their parents and their tribes are fully respected in child custody proceedings.?

ICWA requires that a parent who is a tribal member be given strong preference for custody. The law further requires that in an adoption placement of an Indian child whose parents have given up their rights, state courts must give preference to a member of the child?s extended tribal family or to other Indian families, unless good cause is shown to deviate from those preferences.

Attorney General Mills joined an amicus brief in the case, which urged that the parental rights of the father be upheld. Unfortunately, by a 5-4 margin, the court ruled that he had given up his parental rights in the form of a text message just days before his unit was deploying to Iraq. ?That is a deplorable result, a result that would not have occurred in Maine,? Attorney General Mills stated. ?In this state we will continue to give tribal parents maximum deference.?

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Decision in Adoptive Couple v. Baby Girl erodes protections afforded to native tribes when considering child custody cases.

Attorney General Janet T. Mills Keeps Pressure on Google to Strengthen Privacy

July 3, 2013

[Augusta, Maine]? Maine Attorney General Janet T. Mills is pushing Google to offer more transparency and more meaningful privacy controls. Last year Google implemented a new privacy policy without giving consumers a meaningful opportunity to opt out, prompting Maine and a number of other states to write to Google CEO Larry Page requesting greater transparency and ways to address customers? privacy concerns.

?The kind and quantity of personal information consumers unknowingly share online has major privacy implications,? said Mills. ?What companies like Google do with that data ought to be disclosed to consumers and consumers ought to have an opportunity opt out of participation. I am encouraged by Google?s progress, but we continue to have concerns.?

Last year, after Google implemented a new unified privacy policy without giving consumers a meaningful opportunity to opt out, 36 state attorneys general wrote to CEO Larry Page expressing serious concerns with the way Google handles consumers? privacy and asked to meet with the company to address these concerns.

The attorneys general pressed Google to make improvements in many areas, including consumer education about how information gets combined across Google platforms; its notice to consumers about their privacy controls and how to access them; and its transparency about what information Google is collecting about users.

Attorney General Mills is encouraged that Google has now made changes in each of these areas, though more needs to be done. A new letter sent to Page this week, signed by 23 attorneys general, states that the attorney?s general will closely monitor Google?s activities related to consumer privacy. ?We trust that the company will do its part to ensure that the information consumers share with Google is appropriately protected and to keep consumers informed and in control of how and when that information is used and shared ? in the aggregate or otherwise ? with others.?

The letter continues: ?Online technology is constantly evolving, and innovation is welcomed, but innovation should not come at the expense of consumer protection. Changes to how Google treats consumers? information should not be treated like automatic software updates; they should be treated like new decision points for consumers, requiring consumer consent.?

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Supporting documents

NAAG Google Privacy 2 22 2012

NAAG Ltr Improving Google Privacy 7 3 2013

Arundel woman sentenced to 4 years for multiple charges which included financial misdeeds at Kennebunk children?s clinic

July 15, 2013

ALFRED ? A former executive director of a clinic that provided mental health and developmental services to children has been sentenced in connection to a number of charges stemming from her mismanagement of that clinic. Mari Jo Allen, 42, of Arundel, Maine, was sentenced on Friday, July 12, 2013 to four years all but 20 months suspended and has been ordered to pay $76,561 in restitution.
Allen previously pled guilty on March 1, 2013, to charges of Forgery, Theft by Deception, Theft by Misapplication, Intentional Income Tax Evasion, Failure to File and Pay Income Taxes, and Unemployment Fraud. Many of the charges arose from her work as Executive Director at the former Pediatric Evaluations for Developmental Solutions Clinic (PEDS Clinic), in Kennebunk, Maine, a non-profit clinic that provided mental health and developmental services for children. At the sentencing hearing Allen also pled guilty to additional charges of Theft by Unauthorized Taking, Negotiating a Worthless Instrument, Theft by Deception, and Violation of Condition of Release. The Court also imposed three years of probation and ordered Allen to repay $76,561 in restitution, consisting of tax and benefit money stolen, plus interest, and money Allen stole from an employer.
Many of Allen?s crimes took place when she was working as the owner of an administrative services company, and then later as an Executive Director of the PEDS Clinic. This is when Allen stole employee withholding taxes (totaling more than $18,000). As the Clinic?s Executive Director Allen wrote herself approximately $200,000 in checks over an approximate 18 month time period, while failing to pay the Clinic?s doctors, clinicians, and insurers, as well as local vendors which provided products and services for the Clinic. She also forged a check purporting to show that the Clinic?s health insurance premium for its employees had been paid. The Clinic eventually had to close due to Allen?s mismanagement of its finances. Allen also committed intentional income tax evasion, beginning in 2005 and continuing through 2010, by filing fraudulent federal income tax returns. Since the Adjusted Gross Income figure on an individual?s federal income tax return is used on Maine income tax returns, Allen used that figure to avoid filing Maine income tax returns. As a result of her scheme, Allen failed to pay more than $17,000 in Maine income taxes during the period that she intentionally underreported her income and stole federal income tax refund money. After the PEDS Clinic terminated Allen for her mismanagement Allen filed false claims with the Maine unemployment commission. She stole almost $16,000 in unemployment benefits by claiming that she was not working, while she continued to earn money performing administrative services for local businesses.
While Allen?s criminal case was pending over the past year Allen stole more than $3000 from her most recent employer, used the employer?s credit card without permission to buy approximately $1,200 in personal items, and wrote the York County Sheriff?s Office a check for more than $1,000 knowing she had no money to cover the check. This case represents the continued effort by Maine Revenue Services and the Office of the Maine Attorney General to halt and prevent tax fraud and related financial crimes. ?This case is an egregious example of someone who had no regard for their fellow citizens, coworkers or even the children and families who relied on the PEDS clinic. Our government relies upon citizens to file honest income tax returns just as a business entrusts its employees to safeguard payroll funds.? said Attorney General Mills. ?My Office will continue to work with Maine Revenue Services to pursue and prosecute any individuals who attempt to defraud the state and individuals and take advantage of positions of trust in order to enrich themselves.? This case was investigated by the Detective Division of the Maine Attorney General?s Office and Maine Revenue Services? Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled this matter for Attorney General Mill?s Criminal Division.

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Attorney General Janet T. Mills joins first National Military Consumer Protection Day

July 16, 2013

(AUGUSTA, Maine)? Maine Attorney General Janet T. Mills is joining the Department of Defense, Pine Tree Legal Assistance, the Federal Trade Commission and other state and federal organizations to celebrate the first annual Military Consumer Protection Day on Wednesday, July 17, 2013. Military Consumer Protection Day is a joint initiative to empower active duty and retired service members, military families, veterans and civilians in the military community.

?It is unconscionable that some scammers are targeting soldiers and their families,? said Mills. ?Maine is proud of its tradition of military service going back to the Civil War, when our state sent a larger proportion of our population into service than any other state in the Union. It is unforgivable that anyone would take advantage of these men and women who put their lives on the line to preserve our freedom. These men and women in uniform need to be aware of the unique steps they should take to manage money, deal with credit and debt, build savings, protect personal information, recognize identity theft and avoid fraud.?

A website has been launched to provide access to free resources and to help servicemembers make better-informed decisions when managing their money.

The site ? military.ncpw.gov ? provides free resources, tip sheets and blog posts from national consumer protection experts tailored specifically for military members and their families.

?Military members have a lot on their plates,? said Mills. ?Dealing with the fallout from poor financial choices or worrying about debt collectors harassing their families should not be something they have to contend with. I encourage service members, active and retired, to visit this new website and to take steps to protect themselves from financial exploitation.?

In addition to the national Military Consumer Protection Day website, the federal Consumer Financial Protection Bureau assists military personnel in planning for their future and protecting their assets. Overseen by Assistant Director Holly Petraeus, the Office of Servicemember Affairs web page at the Consumer Financial Protection Bureau is found at: www.consumerfinance.gov/servicemembers.

?It?s so important for servicemembers, veterans and their families to know about the agencies, tools and resources that help protect them from consumer fraud,? said Petraeus. ?We want to make it easy for them to make smarter decisions about spending and managing their money. Military Consumer Protection Day is a great way to raise awareness.?

The Servicemembers Civil Relief Act (SCRA) provides a number of protections to active-duty servicemembers. In addition to ensuring certain civil rights, like voting rights, while on active duty, the SCRA provides financial protections for active-duty servicemembers. The SCRA protects active-duty service members against default judgments, evictions, mortgage foreclosures, and repossession of property. It gives active-duty servicemembers the ability to terminate residential and automobile leases, and it reduces the rate of interest for debts incurred before entering active duty to 6 percent.

Anyone may visit the new national Military Consumer Protection Day website and Maine consumers who need assistance can contact the Attorney General?s Consumer Protection Division at 1-800-436-2131, email: consumer.mediation@Maine.gov or go to www.maine.gov/ag

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Attorney General Janet T. Mills warns homeowners to be wary when dealing with door-to-door sellers

July 22, 2013

Augusta, Maine) Attorney General Janet T. Mills reminds Maine homeowners to be wary of door-to-door sellers using high pressure tactics to sell home repair services, paving jobs and other goods. Maine has three statutes specifically intended to regulate door-to-door sales and to protect consumers from high pressure tactics. In many cases, door-to-sales require a state license and a three day waiting period.

?An educated consumer is a protected consumer,? said Attorney General Mills. ?At the very least, a consumer should know that door-to-door sellers are required to have a permanent address or to be licensed with the state. If you do agree to do business with this person, they must give you a detailed contract and they cannot commence work for three days, during which the consumer may cancel. Demand for payment up front should be a red flag that something is not right.?

I. The Consumer Solicitation Sales Act requires that a door-to-door seller of merchandise, including home repair services, paving or installing burglar alarms, must use a specific written contract and must wait three days before beginning the job. A homeowner has this period of time to review the contract and to cancel it in writing if they change their mind for any reason. If a deposit was provided, the seller has to return it within 15 days.

II. The Transient Sales Act applies to those sellers who travel into and throughout the State selling such services and goods such as driveway paving or magazine subscriptions and who then seem to ?disappear? by the time problems develop. This Act requires transient sellers of merchandise or services to be licensed by the State if they do not have a permanent place of business in Maine (either a 12-month lease or ownership of the business building). A consumer should ask for the address of the seller?s Maine ?permanent place of business.?

III. The Door-To-Door Seller of Home Repair Services Act requires a door-to-door seller of home repair services to be licensed by the State and to carry a State issued license when soliciting in a municipality in which the seller does not have a permanent place of business (a 12-month lease or ownership). For example, if you find a driveway paver who is going door-to-door, ask them: (a) Do you have a permanent place of business in this municipality; (b) if not, show me your State license.
To find out if a seller is licensed under the Transient Sales Act or the Door-to-Door Seller of Home Repair Services Act, call the Licensing Division at the Maine Department of Professional and Financial Regulation (624-8603) to confirm that the seller is registered. Or search Maine?s online list of licensees at: www.maine.gov/pfr/professionallicensing/license_search.htm.

Any complaints regarding door-to-door sales should first be reported to your local police department. Make sure to obtain the seller?s name and address and the identification of employees and vehicles. Also, photos of the individuals are helpful, in case the sellers are using different names. If you have questions about these or other consumer matters, please contact the Consumer Protection Division of the Attorney General?s Office at 1(800) 436-2131 or consumer.mediation@maine.gov.

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Attorney General Mills announces agreement with U.S. Department of Energy to strengthen key Energy Efficiency Standards

August 12, 2013

(AUGUSTA, Maine) Attorney General Janet Mills applauded the U.S. Department of Energy (DOE) for agreeing to update overdue energy efficiency standards for four common commercial appliances. The federal agency has finally met the demands of an 11-member coalition of states and cities to update these efficiency standards.

The decision will help reduce energy consumption, saving American consumers millions of dollars each month and reducing pollution that contributes to climate change, water and air pollution.

?Maine has a strong interest in seeing long-term reductions in air and water pollution,? said Attorney General Janet T. Mills. ?Reducing energy consumption will save Mainers money and will improve the air we breathe and the water we drink. Increasing these efficiency standards will have a positive impact on the health of the hundreds of thousands of Mainers who suffer from asthma and other lung and cardiovascular diseases. I am pleased with this action but deplore the length of time it has taken for the government to update these standards. .?

Attorney General Mills noted that Mainers suffer a high rate of diseases that are influenced by pollution. The American Lung Association estimates that in 2012, 23,000 Maine children had pediatric asthma and another 127,000 adults suffered from asthma. More than 83,000 Maine citizens suffered from COPD and 377,000 Mainers from cardiovascular disease. These conditions can be influenced by air pollution.

The government?s action was prompted by a 11-member coalition, consisting of nine state Attorneys General, the California Energy Commission and the City of New York, who announced on Friday an agreement with the U.S. Department of Energy (DOE) committing the Department to a specific timetable for updating the overdue energy efficiency standards.

The agreement was reached after DOE missed deadlines set by the federal Energy Policy and Conservation Act (EPCA) for revising efficiency standards for walk-in coolers and freezers, metal halide lamps, electric motors and commercial refrigeration equipment. Strengthening the standards will substantially reduce air and water pollution and will save businesses and consumers across the country an estimated $156 million per month - and $3.8 billion per year by 2035.

The Agreement commits DOE to the following schedule for proposing and then finalizing updated energy efficiency standards for the four appliances:

Appliance Proposed Standard Final Standard Metal Halide Lamps 8/2013 01/2014 Commercial Refrigeration Equipment 8/2013 02/2014 Walk in Coolers/Freezers 8/2013 04/2014 Electric Motors 11/2013 05/2014

The coalition reserves the right to take legal action under EPCA to force DOE to update the standards if the Department fails to meet any of the deadlines.

Initially enacted in 1975, the EPCA requires the federal agency to meet specific deadlines for reviewing and revising energy efficiency standards for over 50 categories of common commercial and residential products that use large amounts of energy. Standards must be set at maximum efficiency levels that are technologically feasible and economically justified. In the case of walk-in coolers and freezers and metal halide lamps, EPCA required that updated standards be in place 18 months ago, by January 1, 2012. The Act further required updated standards for commercial refrigeration equipment and electric motors to be in place January 1, 2013, seven months ago.

Walk-in coolers and refrigerators are spaces large enough for people to enter, and are used for temporary storage of refrigerated or frozen food. Commercial refrigeration equipment includes a diverse mix of refrigerators and freezers, including display cases, commonly used in supermarkets and convenience stores. Metal halide lamps fixtures are lights commonly used in large spaces such as industrial buildings, sports stadiums, gymnasiums and big-box retail stores and as street lights. Electric motors include an array of motors of varying sizes that run pumps, fans blowers, compressors and other commercial equipment.

The American Council for an Energy-Efficient Economy (ACEEE) estimates that, as a result of updating energy efficiency standards for the four appliances, 2.2 million metric tons of climate change pollution will be eliminated and consumers will save $156 million each month.

The ACEEE further estimates that, by 2035, strengthened energy efficiency standards for the four appliances will save businesses and consumers $3.8 billion per year. The cumulative energy savings by 2035 would be enough to supply all of the energy needs in the United States for three weeks. Additionally, stronger standards would cut tens of millions of pounds annually of the pollution that contributes to smog, soot and acid rain, and reduce climate change pollution by over 26 million metric tons annually -- the equivalent to retiring at least six coal-burning power plants.

The generation of electricity, particularly that involving fossil fuels, contributes to a range of environmental and public health harms, including air and water pollution, and climate change. The extraction, production and transport of coal, oil and natural gas to power plants add to these harms. By reducing electricity usage, energy efficiency standards effectively and efficiently reduce environmental and public health impacts -- and provide important consumer benefits. Energy efficient products lower energy bills for their owners and, by reducing energy demand, also help bring down the price of energy for all consumers.

Joining in the agreement are the Attorneys General of New York, Connecticut, Maine, Maryland, Massachusetts, Oregon, Rhode Island, Vermont and Washington, the California Energy Commission and the Corporation Counsel of New York City.

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Maine Attorney General Janet T. Mills announces top ten consumer complaints

August 28, 2013

(AUGUSTA, Maine) Mediators in the Maine Office of the Attorney General assist consumers with a variety of issues, ranging from landlord/tenant disputes to phone bill ?cramming?. The most frequent complaints in the last year, however, centered on auto sales and ?Jamaican lottery? scams.

Maine has numerous laws in place that can protect a consumer, but the best way for consumers to avoid being defrauded is to know their rights. The Maine Attorney General?s Consumer Law Guide provides a basis for understanding Maine?s consumer protection laws. Attorney General Janet T. Mills urges Maine consumers to educate themselves before signing contracts and to be wary of high pressure phone solicitations.

?An informed consumer is a well-armed citizen,? said Attorney General Janet T. Mills. ?Whether under our auto sales ?Lemon Law? or the Unfair Trade Practices Act, consumers have options when they encounter unfair business practices. Maine consumers should understand their rights and should always be skeptical before agreeing to part with their hard-earned money.?

The following are the top ten most frequent complaints received by the Maine Office of Attorney General, Consumer Mediation and Information Service between July 1, 2012 and July 1, 2013:

  1. Auto Sales (both new and used)
  2. Contests/Sweepstakes/Prize Promotions and similar types of Scams
  3. Landlord-Tenant/Mobile Homes
  4. Nigerian/Grandparent/?Sweetheart? and similar types of Scams
  5. Home Repair/Construction Complaints
  6. Furniture/Appliances/Home Furnishings
  7. Entertainment/Recreation
  8. Satellite TV Sales and Service
  9. Health Services (including over the counter ?health? products)
  10. Telecommunications/Slamming/Cramming (Charges added to bill without authorization)

The Consumer Mediation and Information Service assists Maine consumers and businesses by answering questions, providing referrals and mediating disputes. ?Our staff and our volunteer mediators help thousands of consumers each year by answering their questions on a variety of topics including used vehicles, Maine?s lemon law, landlord-tenant issues, telephone scammers, implied and express warranties, mobile phone disputes and much more. I hope more consumers will realize the resources that are available to them and reach out to our office for assistance,? said Attorney General Mills. Consumers may call the specifically dedicated line 1-800-436-2131 or 626-8849 Monday-Friday 9:00 a.m. ? noon and 1:00 p.m. ? 4:00 p.m. In addition to the toll free phone number, consumers can contact the Consumer Protection Division by email at consumer.mediation@maine.gov and by regular mail by writing to: Attorney General?s Office, Consumer Protection Division, 6 State House Station, Augusta, ME 04333. The Consumer Protection Division also has a lot of consumer information on the website, including the Consumer Law Guide ? www.maine.gov/ag.

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Attorney General Mills files Civil Rights Complaint Against Windham Man

September 10, 2013

Attorney General Janet Mills announced that her office has filed a complaint against 30-year old Justin Boucher of Windham for violating the Maine Civil Rights Act. The complaint filed in Cumberland County Superior Court alleges that Boucher threatened an African American woman with violence because of racial bias. The complaint seeks an injunction against Boucher preventing him from having contact with the victim and forbidding him from violating the Maine Civil Rights Act.

The complaint alleges that the victim was driving her vehicle on April 16, 2013, in the area of Time Warner Cable in Portland when she noticed a car behind her operated by Boucher. As the victim slowed down for a traffic light, Boucher pulled up next to her and yelled out his window, ?You stupid N?.., you need to learn how to drive!?

The victim drove past the defendant and stopped at the traffic light at the next intersection. Boucher again pulled up next to her, stopped his car, got out of his car and yelled, ?You stupid N?..! You need to learn how to drive. You don?t know how to drive. I should hang you up on that tree behind you, over there where you belong!? Fearing for her safety, the victim drove through a red light to get away from Boucher, who eventually drove off in another direction.

The Maine Civil Rights law ensures that all people have a right to engage in lawful activities without being threatened with violence or property damage motivated by bias based on race, color, religion, gender, ancestry, national origin, physical or mental disability or sexual orientation. The law authorizes the Attorney General to seek an injunction against any person who intentionally interferes or attempts to interfere with another person?s exercise of their rights by threat of violence.

?The words and actions attributed to Mr. Boucher echo the frightening acts of the Ku Klux Klan in years past,? commented Attorney General Mills. ?Fifty years after the March on Washington and Rev. Martin Luther?s historic and inspiring speech, the State of Maine simply will not tolerate such hateful, intolerant acts. We abhor these actions as a people, and we intend to send a message to those who would bully, intimidate or threaten our citizens with hate based words and actions. We will ensure that our state is a welcoming place for people of all races, religions, national origins, orientations and abilities.?

Mr. Boucher has twenty-one days to answer to the complaint. No date has been set for the hearing on the motion for preliminary injunction.

Maine prevails in nearly $50M case with Cigarette Manufacturers

September 12, 2013

(AUGUSTA, Maine) An arbitration panel of three retired federal judges has rejected an effort by tobacco companies to reclaim nearly $50 million owed to the State of Maine under the terms of the 1998 Tobacco Master Settlement Agreement. Maine Attorney General Janet T. Mills applauded the decision, which was handed down on Wednesday.

Maine was one of nine states found to have been in compliance with a key provision of the settlement, while six others were deemed to have failed to comply with the provision. The result of the decision is that Maine will be eligible for the full payment of settlement funds for 2003 ? retaining the $44 million already paid to the state and receiving an additional estimated $5 million that the companies withheld pending this decision.

?This is a big win for the people of the State of Maine who continue to pay the price due to the deceptive practices of the tobacco companies,? said Attorney General Janet T. Mills. ?Every year in Maine thousands of adults will die from tobacco use and thousands more ? including kids ? will get sick from tobacco-related illnesses. It is unconscionable that cigarette manufacturers are still trying to slip out of their obligations under the Master Settlement Agreement. I am hopeful that this decision will show that these corporations cannot escape liability for the deadly products they sell. They should cease to withhold these payments owed to the people of Maine.?

Under the terms of the 1998 Tobacco Master Settlement Agreement, Maine and 47 other states became eligible for perpetual annual cash payments from tobacco companies in exchange for the states dropping lawsuits seeking to recover ongoing costs the states incurred in treating tobacco-related illnesses. Beginning in 2003, however, tobacco companies began withholding portions of payments to states like Maine, asserting that they were not diligently enforcing laws against tobacco companies that did not join the settlement and therefore were not eligible for the full payments.

The Maine Attorney General?s Office is responsible for enforcing tobacco laws and the terms of the agreement in Maine. The decision means that Maine will keep the approximately $44 million already paid to the state, and will also receive an additional $5 million in tobacco settlement funds that had been withheld for 2003. The cigarette manufacturers are also challenging diligence in ensuing years and are withholding a portion of these settlement payments as well. Hearings on diligence for these years have yet to be held.

Attorney General Mills expressed special appreciation to Assistant Attorneys General Vivian Mikhail and Chris Taub who presented the state's case to the 3-member Arbitration Board over a period of 3 days. ?They were up against some the nation's highest paid trial lawyers who put up an exhausting battle on behalf of big tobacco. But we won!?

In Maine, tobacco settlement funds are deposited in the ?Fund for A Healthy Maine? and have been largely used for healthcare and disease prevention related efforts like the Healthy Maine Partnerships, school-based health centers and for offsetting Medicaid costs due to tobacco use. According to the Maine Office of Fiscal and Program Review, the state of Maine has collected nearly $700 million in Master Settlement Funds since 2000.

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Supporting documents

NPM Diligent Enforcement Decision 2013-09-11

Report of the Attorney General on the Use of Deadly Force by Androscoggin County Deputy Sheriff on May 24, 2013, in Minot

September 19, 2013

Synopsis

In the early afternoon of May 24, 2013, Androscoggin County Deputy Sheriff Dennis Sampson shot at Michael Callahan from outside Mr. Callahan?s vehicle. The incident took place on the Goodwin Road in Minot following a vehicle pursuit during which Mr. Callahan attempted to crash his vehicle into Deputy Sampson?s cruiser. Neither Mr. Callahan nor any other person was injured as a result of the incident.

Facts

On May 24, 2013, Michael Callahan, 44 years of age, was on bail conditions related to charges against him resulting from an incident the night of December 21-22, 2012, at Mr. Callahan?s residence in Minot during which Mr. Callahan allegedly threatened his wife and children and other family members with a firearm. The December incident included a six-hour standoff with police, during which time Mr. Callahan fired at least 90 rounds from three different weapons.[1] The conditions of his bail in effect on May 24, 2013, prohibited him from being at the family residence on the Verrill Road in Minot, as well as having any contact with his wife or children.

In the early afternoon of May 24, a resident on the Verrill Road reported to Mr. Callahan?s estranged wife that she had seen Michael Callahan?s red Chevy Avalanche enter the driveway of the Callahan residence. Shortly after contacting Mr. Callahan?s wife, the caller contacted the Androscoggin County Sheriff?s Office with the same information. The caller reported hearing loud pounding sounds, and seeing Mr. Callahan drive away from the residence. Shortly after the call to the Sheriff?s Office, several other residents called and reported seeing black smoke coming from the Callahan residence. Mr. Callahan?s wife was at work in Mechanic Falls when she received the notification from the resident on the Verrill Road. Shortly after, she was notified that the Callahan residence in Minot was on fire. The wife left work and called the Sheriff?s Office from her mobile cellular phone and reported that she had heard from neighbors that Mr. Callahan had set fire to the Callahan residence in Minot. During the call, the wife reported that Mr. Callahan was in his vehicle behind her on Elm Street in Mechanic Falls. The call was disconnected. Witnesses reported seeing Mr. Callahan repeatedly ram his wife?s vehicle while driving his vehicle at a high rate of speed. Apparently Mr. Callahan did not realize that while he was ramming the vehicle, his wife had managed to get out of the vehicle and run for safety after the first time her vehicle was rammed. [2]

Deputy Sheriff Dennis Sampson, a 23-year veteran police officer, was at a residence on Pleasant Street in Mechanic Falls handling a call when he received a request to respond to the report of the wife?s vehicle being rammed by Mr. Callahan. Deputy Sampson learned that the matter involved a domestic dispute with the possible involvement of a weapon. He also learned that the incident involved Mr. Callahan, a person with whom Deputy Sampson was familiar and on whom he had conducted bail checks. Deputy Sampson was aware of the incident in Minot six months earlier involving the armed standoff between Mr. Callahan and the police.

On his way to the call, Deputy Sampson observed a red Chevy Avalanche with substantial front-end damage coming from the opposite direction. The Avalanche made a right turn onto Route 124. Deputy Sampson communicated his observations to the Sheriff?s Office and learned that the Avalanche was believed to be operated by Mr. Callahan. Deputy Sampson, in a marked cruiser with emergency lights and siren activated, attempted to stop Mr. Callahan. Mr. Callahan failed to stop and a vehicle pursuit was initiated. The pursuit, which started in a residential area and continued into a more rural setting, involved speeds between 50 and 60 miles per hour. During the pursuit, Deputy Sampson was informed by a dispatcher that Mr. Callahan was possibly armed. The pursuit continued for about two miles onto the Goodwin Road until Mr. Callahan stopped his vehicle at the intersection of the Goodwin Road and Pottle Hill Road.

Deputy Sampson saw the backup lights on Mr. Callahan?s vehicle come on, and then saw the vehicle backing up at a high rate of speed towards him. Deputy Sampson believed that Mr. Callahan was attempting to ram his cruiser with his vehicle. Deputy Sampson began backing up his cruiser to avoid a collision. Deputy Sampson repeatedly looked behind his cruiser while backing up and also looked forward so that he could monitor what Mr. Callahan was doing. Deputy Sampson?s cruiser went off the right side of the Goodwin Road down an embankment into a ditch, putting the top of Deputy Sampson?s police vehicle roughly at road level.[3] Mr. Callahan stopped his truck slightly off the pavement on the left side of the road parallel to, but slightly forward of, Deputy Sampson?s cruiser in the ditch across the road.

Deputy Sampson noticed that the red Avalanche was rocking as though Mr. Callahan was moving inside. Deputy Sampson was unable to see what Mr. Callahan was doing inside the vehicle because of tinted side windows on the Avalanche. Deputy Sampson became concerned that Mr. Callahan would continue to try to ram his cruiser or, given the information that Mr. Callahan was possibly armed as well as his history, that Mr. Callahan would attempt to shoot him. Deputy Sampson got out of his cruiser and positioned himself behind the open driver?s side door and fired what he believed to be three or four rounds at the driver?s compartment of the Avalanche.[4] Mr. Callahan sped off toward the Pottle Hill Road intersection where he made a right turn. Shortly after, several law enforcement officers apprehended Mr. Callahan on the Greenwoods Mountain Road on the Minot/Hebron town line. Mr. Callahan got out of his vehicle, appearing disoriented, and vomited. Mr. Callahan indicated that he may have overdosed on medication he had with him in the vehicle. Mr. Callahan was transported to a Lewiston hospital, treated, and later arrested. He was not injured by the shots fired by Deputy Sampson.

Later investigation disclosed that Mr. Callahan?s residence on the Verrill Road in Minot had burned to the ground. Mr. Callahan was later charged with setting fire to that residence, as well as the mobile home residence of his estranged wife in Mechanic Falls. He was also charged with domestic violence reckless conduct, aggravated assault, reckless conduct, and violating the conditions of bail and a protection order. The charges are pending awaiting trial.

Analysis and Conclusion

The Attorney General is charged by law with investigating any use of deadly force by a law enforcement officer while acting in the performance of the officer's duties, whether or not that act actually causes death or any injury at all. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, is reasonably generated by the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for any person to be justified in using deadly force for self-defense or the defense of others, two requirements must be met. First, the person must reasonably believe that deadly force is imminently threatened against the person or against someone else, and, second, the person must reasonably believe that deadly force is necessary to counter that imminent threat.

Attorney General Janet T. Mills has concluded that at the time Deputy Sampson fired the three shots in the direction of Mr. Callahan in his vehicle, it was reasonable for Deputy Sampson to believe that deadly force was imminently threatened against him by Mr. Callahan?s actions, and it was reasonable for Deputy Sampson to believe that it was necessary for him to use deadly force to protect himself from the imminent threat of deadly force. This conclusion is based on an extensive scene investigation, interviews with numerous individuals, and all other evidence made available from any source.

Notes:

  1. See April 9, 2013, report of the Attorney General on the use of deadly force by State Police Trooper Paul Casey on December 22, 2012 in Minot.
  2. Just prior to this encounter, Mr. Callahan is alleged to have also set fire to the mobile home in which his wife was living in Mechanic Falls. The fire was reported and quickly extinguished by the Mechanic Falls Fire Department. The fire damage was limited to a wooden deck attached to the mobile home.
  3. Later investigation disclosed that the ditch was an approximate three-foot drop in elevation from the roadway.
  4. Later investigation determined that Deputy Sampson fired three shots from his .40 caliber service weapon.

Attorney General Mills Calls on FDA to Regulate E-Cigarettes

September 24, 2013

[Augusta, Maine] ? Attorney General Janet T. Mills today urged the U.S. Food and Drug Administration to place restrictions on electronic cigarettes. The rapidly growing use of this new and highly-addictive nicotine product is currently without sufficient safeguards on their production and use or limits on their advertising ? especially to youths.

In a letter joined by 39 other State and Territorial Attorneys General, Attorney General Mills urged the FDA to take strong measures to regulate electronic cigarettes, commonly known as e-cigarettes, as ?tobacco products? under the Tobacco Control Act. E-cigarettes, an increasingly widespread product that is growing rapidly among both youth and adults, are battery-operated products that heat liquid nicotine, which is derived from tobacco plants, into a vapor that is inhaled by the user. The Tobacco Control Act imposes restrictions on advertising and marketing of tobacco products to youth.

?I am very concerned that e-cigarettes are just the latest effort to introduce kids to nicotine, quickly followed by a lifetime of addiction to deadly tobacco products,? said Attorney General Mills. ?E-cigarettes are currently unregulated under federal law, their ingredients are untested and their claims are unproven. Maine merchants should know that e-cigarettes are considered a tobacco product under state law. They must be licensed to sell these products and they cannot sell to anyone under the age of 18. The FDA needs to take action to ensure consistency in enforcement and to prevent the manufacturers from targeting children in their marketing.?

Attorney General Mills asserts that Maine?s definition of tobacco products covers e-cigarettes and precludes retail sales to youths, but federal regulations are not as clear. Noting the growing use of e-cigarettes, and the growing prevalence of advertising, the letter highlights the need to protect youth from marketing and from becoming addicted to nicotine through these new products. E-cigarette manufacturers are using marketing tactics similar to those big tobacco used in the last 50 to 100 years to attract new smokers. Celebrity endorsements, television advertising, cartoons, fruit flavors, attractive packaging and cheap prices all serve to encourage youth consumption of these dangerous products. Even though the FDA has banned fruit and candy flavored cigarettes, e-cigarettes are available in a variety of flavors such as gummy bear, chocolate and bubble gum. One manufacturer even uses a cartoon monkey sell e-cigarettes.

A national survey conducted by the Center for Disease Control and Prevention shows that from 2011 to 2012, the percentages of youth who have tried or currently use e-cigarettes both roughly doubled. The survey estimates that nearly 1.8 million middle and high school students have tried e-cigarettes in 2012.

According to the U.S. Surgeon General, nicotine is highly addictive and has immediate bio-chemical effects on the brain and body at any dosage, and is toxic in high doses. The lack of regulation of e-cigarettes puts youth at risk of developing a lifelong addiction to a potentially dangerous product that could also act as a gateway to using other tobacco products.

Additionally, some marketing claims that these products do not contain the same level of toxins and carcinogens found in traditional cigarettes, cigars, and other tobacco products. These claims imply that e-cigarettes are a safe alternative to smoking, when in fact nicotine is highly addictive, the health effects of e-cigarettes have not been adequately studied, and the ingredients are not regulated and may still contain carcinogens. The lack of regulation puts the public at risk because users of e-cigarettes are inhaling unknown chemicals with unknown effects.

State Attorneys General have fought for years to protect people from the dangers of tobacco products. In 1998, the attorneys general of 52 states and territories signed a landmark agreement with the four largest tobacco companies in the United States to recover billions of dollars in costs associated with smoking-related illnesses, and restrict cigarette advertising to prevent youth smoking.

The letter was co-sponsored by Attorney General Mills along with Massachusetts Attorney General Martha Coakley and Ohio Attorney General Mike DeWine. The states joining the letter to the FDA are: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virgin Islands, Washington, and Wyoming.

Supporting documents

NAAG Letter to FDA re E Cig

US Department of Justice is seeking victims of MoneyGram schemes

October 27, 2013

(AUGUSTA, Maine) Maine Attorney General Janet T. Mills is encouraging Maine consumers who used the money services business MoneyGram to contact the Department of Justice, Victim Asset Recovery Program to see if they are entitled to a refund for unfair business practices conducted by the company. MoneyGram International, Inc. (MoneyGram), a global money services business headquartered in Dallas, Texas, has agreed to forfeit $100 million to the United States and enter into a deferred prosecution agreement with the Justice Department. The agreements arose from MoneyGram's involvement in mass marketing and consumer fraud which caused tens of thousands of persons to lose money from "advance fee" schemes and similar scams. The Justice Department will return the forfeited funds to the victims of the fraud through its Victim Asset Recovery Program. The scams, which generally targeted the elderly and other vulnerable persons, were committed by falsely promising victims they would receive large cash prizes, falsely offering various high-ticket items for sale over the Internet at deeply discounted prices, falsely promising employment opportunities as "secret shoppers," and placing distressed phone calls falsely posing as the victim's relative and claiming to be in trouble and in urgent need of money. In each case, the perpetrators required the victims to send them advance money through MoneyGram's money transfer system in order to receive a promised product or service. The victims never received what they were promised. If you lost money as a result of the MoneyGram schemes between 2004 and 2009, you may be eligible for compensation. More information about how to file a claim will be made available on the following website. If you believe you are an eligible victim you may also call one of the following numbers and provide your contact information: Toll-free number (United States Only): 877-282-2610 Toll number (International): 317-324-0390 If you believe you are an eligible victim, please go to http://gilardi.com/moneygram/ for information on how to file a petition for remission. Claims must be filed by November 15, 2013

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Report of Attorney General on the Use of Deadly Force by State Police Trooper in West Paris on June 8, 2013

October 8, 2013

On Saturday evening, June 8, 2013, James Reynolds, 18, was shot and gravely wounded by State Police Trooper Jason Wing during an armed confrontation outside a home on the Roy Road in West Paris that Mr. Reynolds had allegedly burglarized.

Facts

The Roy Road in West Paris is an unpaved private roadway that passes through a highly rural area. The few residents on the road remain vigilant to any suspicious activity. On June 8, 2013, at 6:11 P.M., a resident called the State Police to report a suspicious person on the road. The resident reported that she had learned from a neighbor that a person known to the caller only as ?James? had been observed moments earlier by the neighbor walking on the Roy Road towards the caller?s home. According to the caller, ?James? was allegedly responsible for a past residential burglary on the Roy Road, so his presence in the area was suspicious. ?James? was later identified as James L. Reynolds, 18, of West Paris.

State Police Trooper Jason Wing was on duty in a patrol area that included West Paris. He was in uniform and driving a marked State Police cruiser. Trooper Wing was contacted by a State Police dispatcher and informed of the information related by the Roy Road resident. Specifically, Trooper Wing was told the suspicious person was a known burglar. The dispatcher also told Trooper Wing that, according to the caller, the individual seen on the road was prohibited from being in the area. Initially, the caller was unable to remember the full name of the individual but, in a subsequent call, she identified him as James Reynolds and provided a description of his clothing. This information was communicated by the dispatcher to Trooper Wing.

At about the same time, the police received a call from a mental health worker who reported that James Reynolds had been reported missing by his mother from the home they shared in West Paris. The mother reportedly told the worker that her son suffered from mental health disorders, was a danger to himself, and had attempted suicide in the past. This additional information was communicated to Trooper Wing. Minutes later, Trooper Wing also learned that the original caller had looked for Mr. Reynolds on the Roy Road and, not having found him, believed that he had gone into the abutting wood line.

Within a half hour of the original call, Trooper Wing reported that he discovered where Mr. Reynolds had been walking and he requested a tracking dog. While in his cruiser and speaking by cellular phone with a game warden about a dog, Trooper Wing observed a man who matched the description of Mr. Reynolds next to a nearby shed-like structure on the grounds of a seasonal residence. Trooper Wing got out of his cruiser and saw the man look at him and then quickly move out of view behind the structure. The man then reappeared from behind the building with objects in both hands. The man stood in such a fashion that Trooper Wing, situated nearly 80 feet away, was unable to recognize the nature of the objects. Trooper Wing issued commands for the man to ?drop what?s in your hands.? The man ? later identified as James Reynolds ? responded ?F--- you!? and displayed a rifle ?scooped under his arm? and pointed at Trooper Wing. Trooper Wing drew his service weapon ? a .45 caliber semiautomatic pistol ? as he sought cover near his cruiser, and issued several commands for Mr. Reynolds to drop the rifle. Mr. Reynolds responded again with ?F--- you!? and leveled the rifle directly at Trooper Wing. Trooper Wing discharged three rounds at Mr. Reynolds. Mr. Reynolds was struck by the gunfire and fell to the ground.

Mr. Reynolds sustained a head wound and injuries to his arm and leg. He was treated by Trooper Wing and others at the scene and was taken by helicopter to a Lewiston hospital.

Detectives from the Office of the Attorney General went to West Paris to investigate the incident. They were assisted by State Police detectives and evidence technicians, as well as members of the Oxford County Sheriff?s Office. It was determined that the weapon brandished by Mr. Reynolds in the confrontation with Trooper Wing was a .35 caliber lever action hunting rifle. Mr. Reynolds had live rounds for the rifle in his possession, although the rifle was not in fact loaded and had a locking mechanism on it. The owner of the seasonal residence confirmed that his residence had been broken into and that the rifle and other items in Mr. Reynolds? possession had been stolen from the premises. Attempts to interview Mr. Reynolds were prevented by his mother and later by his legal counsel.

Analysis and Conclusion The Attorney General is charged by law with investigating the circumstances under which any law enforcement officer uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution. The review does not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that unlawful deadly force is imminently threatened against the person or someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether deadly force by a law enforcement officer is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

It is beyond the scope of this report and beyond the authority and expertise of the Attorney General?s Office to speculate on Mr. Reynolds? motivations, his state of mind, or the medical or psychological underpinnings of his actions at the time he confronted Trooper Wing on June 8, 2013.

However, Attorney General Janet T. Mills has concluded that at the time Trooper Wing fired his weapon at Mr. Reynolds, Trooper Wing actually and reasonably believed that deadly force was imminently threatened against him, and that it was reasonable for Trooper Wing to believe it necessary to use deadly force to protect himself from the imminent threat of unlawful deadly force by Mr. Reynolds. The Attorney General?s conclusions are based on an extensive scene investigation, on interviews with numerous individuals, and on a review of all evidence made available from any source.

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Attorney General Janet Mills Announces $30 Million Multi-State Judgment Against Marketer

October 11, 2013

The Attorneys General of 47 states and the District of Columbia announced today that Connecticut-based Affinion, and its subsidiaries Trilegiant and Webloyalty, will pay over $30 million to settle allegations that they misled consumers into signing up and paying for discount clubs and membership.

Affinion and its subsidiaries run multiple discount clubs and membership programs offering a variety of services such as credit monitoring, roadside assistance, and discounted travel. Affinion markets these programs through a series of agreements with ?marketing partners? ? well-known banks and retailers that present these programs to consumers often immediately after the consumer has engaged in a transaction with that partner. Affinion?s programs are marketed via direct mail, online, telemarketing, and in face-to-face sales. Affinion charges a monthly fee to consumers for these services, which continues until the consumers affirmatively cancel.

Consumers have complained that Affinion charged them for services without consumers? authorization or knowledge, and that, once consumers learned they were being charged, some had trouble canceling or getting a refund. Other consumers were confused about who Affinion even was because the offers looked like they came from Affinion?s marketing partners, usually banks or retailers with whom the consumers did business.

The States? investigation uncovered several of Affinion?s marketing practices that misled consumers, including a lack of clear and conspicuous disclosure aboutAffinion?s identity, and the cost and the ongoing nature of the charges. Most troubling were two specific marketing practices? live checks and online data pass. In a live check solicitation, consumers were mailed an offer that appeared to be a check ? but when consumers endorsed and deposited the checks, they unwittingly authorized Affinion to enroll them in so-called ?membership programs?, and to bill them each month indefinitely.

In an online data pass offer, consumers were presented an Affinion offer immediately after an online purchase from a retailer. Affinion enrolled and billed consumers without acquiring any of their account information because the marketing partner would pass that information to Affinion. As part of today?s judgment, both practices are prohibited.

Today?s agreement also requires Affinion to provide clear and conspicuous membership information to consumers after enrollment, periodic reminders of their enrollment, and any changes to Affinion?s cancellation practices.

Affinion is establishing a fund of approximately $19 million to provide refunds to consumers who received unauthorized charges for Affinion?s programs. An additional $13.5 million from the settlement is being set aside for states to further consumer protection efforts.

Consumers who believe they were improperly charged by Affinion, Trilegiant, or Webloyalty can file consumer complaints with the Attorney General at consumer.mediation@maine.gov or by calling 1-800-436-2131. Consumers should check their credit card and bank account statements and look for the names of Affinion?s membership programs, as that is how the company?s charges appear on their bills. A complete list of Affinion?s membership programs are listed here: [hyperlink to Membership Program List]. The complete settlement terms and refund eligibility can be found here: www.maine.gov/ag .

The States included in the settlement are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. The states that led the investigation were California, Texas, Tennessee, Iowa, Vermont, Washington, Oregon, Maine, and Illinois.

Supporting documents

Affinion Program Names

Report of the Attorney General on the Use of Deadly Force by Hampden Police Sergeant on June 9, 2013 in Hampden

October 11, 2013

During the late evening of Sunday, June 9, 2013, Cameron Arrigoni, 21, of Hampden, was shot and killed by Sgt. Christian Bailey of the Hampden Police Department during an armed confrontation in Mr. Arrigoni?s residence on Main Road South in Hampden.

Facts

During the evening of June 9, 2013, Cameron Arrigoni and his girlfriend were at their home on Main Road South in Hampden. Mr. Arrigoni had been drinking heavily. He told his girlfriend that he intended to kill himself. He retrieved a handgun from his car parked next to the residence. When the girlfriend threatened to take the gun from him, Mr. Arrigoni alternately pointed the gun at the girlfriend and at his own head. At about 9:15 P.M., the girlfriend called 911, but hung up when Mr. Arrigoni told her he would have no choice but to kill himself. When the 911 dispatcher called back in response to the hang-up call, Mr. Arrigoni took the girlfriend?s cellular phone away from her and threw it into a hallway. Follow-up calls from the 911 dispatcher went unanswered. In the meantime, the girlfriend retrieved the phone and took it with her to a second floor bedroom. After locking herself in the room, she answered a follow-up call from 911. Mr. Arrigoni followed her to the second floor and, while the girlfriend was on the phone with the 911 dispatcher, Mr. Arrigoni forced open a locked door, entered the bedroom, and disconnected the call.

Sgt. Christian Bailey and Officer William Miller of the Hampden Police Department were dispatched in response to the first 911 call from the girlfriend. While outside the residence, both officers were told by the 911 dispatcher that Mr. Arrigoni was attempting to break down the door to the second floor bedroom, and that the dispatcher was telling the girlfriend to escape the residence through a window. Officer Miller, closer to the house at that point, could hear sounds consistent with the report from the dispatcher that Mr. Arrigoni was attempting to break down the bedroom door. Officer Miller radioed his observations in this regard to Sgt. Bailey, and both officers, with Sgt. Bailey in the lead, entered the residence. As they ascended the steep and narrow stairwell to the second floor of the residence, they heard Mr. Arrigoni shouting, ?You just killed me, you just killed me!? This statement by Mr. Arrigoni was later determined to be an admonishment to his girlfriend when he entered the bedroom and learned that she was on the phone with the police. Just previous to this statement, the 911 dispatcher heard Mr. Arrigoni asking the girlfriend if she was on the phone with the police. When she responded that she was, Mr. Arrigoni disconnected the call.

Once at the top of the stairs, Sgt. Bailey noted the broken bedroom door and yelled ?Police!? as he crossed the threshold of the room. Mr. Arrigoni, who was standing next to the girlfriend at the foot of the bed in the small bedroom, turned toward Sgt. Bailey and pointed a handgun ? later determined to be a loaded .380 caliber semiautomatic pistol ? directly at Sgt. Bailey. Sgt. Bailey fired two rounds from his .45 caliber service weapon at Mr. Arrigoni, who was struck by the gunfire and fell to the floor. Mr. Arrigoni was transported to a Bangor hospital where he was pronounced dead.

A later postmortem examination and autopsy performed by the Office of the Chief Medical Examiner in Augusta determined that Mr. Arrigoni died as a result of gunshot wounds to the head and upper torso. It was also determined that his blood-alcohol content at the time of his death was 0.183%, and that there was a moderate level of THC (active ingredient of marijuana) in his system.

Detectives from the Office of the Attorney General went to the scene in Hampden to conduct an investigation. They were assisted by several members of the State Police, including evidence technicians and detectives.

Analysis and Conclusion The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation in this matter was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution. The review did not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or someone else, and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether a use of force is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General Janet T. Mills has concluded that at the time Sgt. Bailey fired his weapon at Mr. Arrigoni, Sgt. Bailey actually and reasonably believed that deadly force was imminently threatened against him, and that it was reasonable for Sgt. Bailey to believe it necessary to use deadly force to protect himself from the imminent threat of deadly force by Mr. Arrigoni.

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Pharmacist Convicted of Stealing Drugs

October 30, 2013

(Augusta) A pharmacist working in Brunswick has been convicted of two counts of Stealing Drugs in connection with the theft of the prescription opiate Oxycodone and the sleep aid Ambien.

Attorney General Janet T. Mills announced today that former pharmacist John W. Underwood, a resident of Bath, pleaded guilty in Cumberland County Superior Court on October 17, 2013, to two counts of Stealing Drugs in connection with a series of thefts of Oxycodone and Ambien from Mid Coast Hospital in 2011 and 2012. Underwood, a longtime employee of Mid Coast Hospital in Brunswick, was the Pharmacy Manager when he diverted drugs from the hospital for his personal use.

Underwood was sentenced to 2 years of imprisonment, with all but 14 days suspended, and two years probation on the felony charge for stealing Oxycodone. He received a concurrent sentence of 14 days of imprisonment on the misdemeanor charge for stealing Ambien. Underwood was also ordered to pay $800.00 in fines. Among other conditions of probation, Underwood is prohibited from accepting any employment that would give him access to controlled substances. Underwood?s license to practice as a pharmacist was revoked by the Maine Board of Pharmacy in April 2012.

?Abuse of prescription narcotics is a major public health and public safety issue in Maine,? Attorney General Mills stated. ?We place great trust in healthcare professionals to not only provide appropriate care, but to also assist in eliminating the diversion of these addictive drugs to non-medical uses. Mr. Underwood breached that trust and put the health and safety of countless patients at risk. I applaud the Healthcare Crimes Unit for their work in uncovering this deception.?

The case was investigated by Detective Robert Flis of the Maine Office of Attorney General?s Healthcare Crimes Unit, and Tom Avery, Investigator for the Board of Pharmacy. Mr. Underwood was prosecuted by Assistant Attorney General Valerie Wright of the Healthcare Crimes Unit within the Criminal Division.

The Maine Office of the Attorney General is responsible under law for the prosecution of all major drug offenses and all health care crimes. Attorney General Mills has made it a priority of her office to stem the tide of prescription drug diversion and abuse, which she has called an ?epidemic? in our state. Prescription drug abuse is the cause of hundreds of drug-affected babies being born each year and drug-related deaths now exceed those caused by traffic accidents in Maine.

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AG Mills Announces Meeting on Foreclosures Process in Maine

November 12, 2013

(AUGUSTA) Maine Attorney General Janet T. Mills will be convening her Foreclosure Working Group on Thursday, November 14 at 3 PM in Augusta. The panel consists of members representing homeowners, mediators, counselors, realtors and financial institutions. The Working Group will meet to continue discussing residential foreclosures and what steps can be taken to improve the process.

The meeting will be held on Thursday, November 14 at 3:00 PM in Room 208 of the Cross State Office Building in Augusta. The meeting will be streamed live on the Legislature?s audio system.

?Since the collapse of the housing market in 2008 there have been many efforts, formally and informally, nationally and at the state level, to address how residential foreclosures are handled,? said Attorney General Mills. ?Based on the testimony submitted to the Judiciary Committee earlier this year, people still feel changes are needed. I look forward to a healthy discussion among the panelists about how we can help homeowners keep their most valued possession ? the family home ? without incurring barriers and insurmountable debt.?

The Legislature?s Judiciary Committee reviewed legislation during the last legislative session regarding the foreclosure process in Maine. Attorney General Mills offered to review the foreclosure process and report back her findings by January 2014, when the Legislature reconvenes. The Attorney General?s working group met for the first time on October 10th in Portland.

Who: AG Mills and more than a dozen individuals representing entities involved in Maine?s home foreclosure process What: Panel discussion followed by public comment period When: Thursday, November 14, 2013 at 3 PM (Public comment from 5 PM to 6 PM) Where: Room 208 of the Cross State Office Building in Augusta, the Labor, Commerce, Research and Development Legislative Committee Room.

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Plaque at State Medical Examiner?s Building Dedicated to Longtime Chief Examiner ? Dr. Henry Ryan

November 14, 2013

(Augusta) A plaque recognizing the many years of dedicated service by Dr. Henry Ryan, the long-time Chief Medical Examiner, has been unveiled at the Medical Examiner?s building in Augusta. Dr. Ryan is credited for making the Office an integral part of the State?s law enforcement efforts and for being the driving force in the creation of a permanent facility dedicated to post-mortem examinations.

Dr. Ryan began serving as the Chief Medical Examiner for the State of Maine in 1976 and conducted autopsies at funeral homes and hospitals until 1992, when the State of Maine finally provided a permanent location for these examinations to be conducted.

Attorney General Janet T. Mills credited Dr. Ryan?s leadership for the creation of the facility and ushering a new era in the field. ?Henry Ryan transformed the practice of Forensic Medicine in Maine,? said Attorney General Mills. ?He brought a new level of sophistication and advanced thinking to the practice. Working in conjunction with law enforcement, I have no doubt that his efforts have resulted in solving cases that might not otherwise have been resolved. We owe him a huge debt of gratitude and it is very fitting that this plaque will recognize his efforts for many years to come.?

In 1976 Dr. Ryan set about developing the Medical Examiner system in Maine as we now know it. The current Office of Chief Medical Examiner was inaugurated on Hospital Street in Augusta in January 1992. Dr. Ryan continued as Chief Medical Examiner until his retirement in 1998. He testified in hundreds of court hearings in murder cases and conducted thousands of scene investigations.

?I was privileged to work with Dr. Ryan for many years,? Attorney General Mills stated. ?I always learned something new from him and saw firsthand how compassionate he was for the living, as he worked with great care and caution with the deceased.?

During Dr. Ryan?s 22 years of service, the Maine medical examiner system developed into a centralized, modern system. State statutes were updated. Educational programs were instituted, including a tie with the New England Seminar in Forensic Sciences at Colby College. Collaborative relationships with local and state law enforcement and the state crime laboratory were strengthened. The Maine Office of Chief Medical Examiner was one of few jurisdictions to utilize a multidisciplinary approach in death investigation beginning in the late 70s, including forensic anthropology, entomology, and other forensic sciences.

?Dr. Ryan set the standard for dedication to his profession,? said Dr. Margaret Greenwald, current Chief Medical Examiner for the State of Maine. ?It is hard to imagine that our current, centralized system of medical examinations would have coalesced without his leadership. He wasn?t merely a gifted physician, he also excelled as someone who brought people together to solve problems and put the public interest first. That is a remarkable legacy.?

Dr. Ryan continued to work as a local Medical Examiner for many years after his retirement. On October 15th of this year, in a small ceremony, Dr. Ryan was honored by his friends and colleagues with a plaque that was placed at the entrance to the Office of Chief Medical Examiner. The plaque was funded by donations from many of the physicians, police officers and attorneys who had learned and benefited from his contributions to the Maine system of death investigation. The plaque reads in part ?In honor of Henry F Ryan, MD; In deep appreciation for his unselfish service to the citizens of Maine. His dedication to forensic medicine, his vision and his tenacity helped make this building a reality.?

[Photo ? Left to Right: Chief Medical Examiner Dr. Margaret Greenwald, Deputy Attorney General William Stokes, Dr. Henry Ryan, Attorney General Janet T. Mills]

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Supporting documents

Photo - Greenwald Stokes Ryan Mills

Close up of Ryan Plaque

Attorney General Mills joins effort to defend ?buffer-zones? at reproductive healthcare facilities

November 21, 2013

(AUGUSTA) Maine Attorney General Janet Mills is supporting an effort to defend buffer-zones at reproductive healthcare facilities in a case before the United States Supreme Court, likely to be argued in early in 2014.

Attorney General Mills today signed onto an amicus brief in the case of McCullen v. Coakley, which will review a Massachusetts law establishing a 35 foot public safety buffer-zone around the entrances and driveways of reproductive healthcare facilities in that state. The Massachusetts law is in many ways similar to a recently enacted ordinance in the City of Portland.

?A woman has a right to access healthcare without fear and harassment,? said Attorney General Mills. ?The Massachusetts statute simply seeks to enhance public safety near reproductive healthcare facilities by establishing a clear and valid framework for any protected free speech activities that others seek to exercise in the vicinity. The statute was upheld upon appeal and I believe the Supreme Court will find this statute to be constitutional.?

The amicus brief, circulated by New York Attorney General Eric Schneiderman, argues that states must have flexibility to protect access to healthcare facilities, that the Massachusetts buffer-zone law is a valid ?time-place-manner? restriction that reasonably addresses the distinctive history of congestion at healthcare facilities and that the buffer-zone law is content neutral.

Many reproductive healthcare facilities have been the scenes of competing protests. The buffer-zone simply clears a way for patients and employees to safely enter and exit, minimizing the likelihood that opposing protestors will escalate their demonstrations to physical violence. All free speech activities are allowed outside of the very limited buffer-zone.

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AT&T Mobility, Sprint and T-Mobile Will Stop Billing Problematic Third-Party Cell Phone Charges Known as ?Mobile Cramming?

November 22, 2013

(Augusta, Me) In what is a major breakthrough in the fight against mobile cramming, Attorney General Janet T. Mills announced today that three of the nation?s largest mobile phone carriers ?AT&T Mobility, Sprint and T-Mobile?will no longer charge their customers for commercial Premium Short Messaging Services, also known as ?PSMS,? or ?premium text messages.?

Forty-five states, including Maine, have been engaged in discussions aimed at stopping the practice of mobile cramming ? unauthorized third-party charges that appear on mobile telephone bills. PSMS accounts for the majority of third-party charges on cell phones and for the overwhelming majority of cramming complaints.

?This is a victory for cell phone users in Maine and across the nation,? said Attorney General Mills. ?While PSMS has some benefits, like charitable giving, it is also a major contributor to the current mobile cramming problem. We are pleased that AT&T, Sprint and T-Mobile have decided to stop the flow of money from the pockets of ordinary people to the bank accounts of scam artists. We?re hopeful the other carriers will soon follow their lead. There is still much work to be done. My office will continue to work with other states for industry reforms and to recover money for consumers victimized by cramming.?

Cramming on cell phones and landlines is estimated to cost Americans $2 Billion per year. An analysis of consumer complaints filed with the Maine Attorney General?s Office last year showed that telecommunications bill cramming was one of the top ten most common complaints reported.

Cramming typically begins when a consumer purchases a cell phone app or downloads a ringtone, but the third-party continues to charge monthly fees without the consumer?s consent. The method has been rife with abuses because many consumers see just a small fee on their bill, usually less than two dollars and they do not attempt to challenge it. However, spread across thousands of consumers, the scammers can fraudulently collect large sums.

AG Mills encourages Mainers to watch their credit history and seek free advice if they think their identity has been stolen

December 11, 2013

The Maine Attorney General?s Office can help Maine consumers protect their private financial information and take action if it has been compromised ? without a charge.

(AUGUSTA) Maine Attorney General Janet T. Mills is reminding Maine consumers to keep an eye on their credit reports this holiday season to avoid any unwanted ?gifts? in the New Year. The Maine Attorney General?s Office can assist consumers in taking steps to protect their identity from fraudsters and connect them with free resources if they have been victimized.

?The last thing someone should do if they have been the victim of identity theft is to pay for services that are otherwise free,? said Attorney General Mills. ?The Consumer Protection Division of our office can help people put proper safeguards in place and if they had their private identifying or financial information stolen, we can help them file reports and get their credit back on track. We do not charge for these services.?

Recent news reports have raised the specter of identity thieves who target children or the elderly for identity theft. While the statistics bear this out, the part of the story left untold is that this is usually not a random crime and that family members are often to blame.

?Far too often the person victimized by identity theft was exploited by a person they trusted,? said Attorney General Mills. ?Parents who have ruined their own credit take out loans or apply for credit cards in the name of their children, and adult children do the same to elderly parents. We also know that this scenario is vastly underreported because family members are so reluctant to complain to authorities about their own family.?

In addition to the free resources offered by the Maine Attorney General?s Office, there are free federal resources as well. The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) both offer guidance documents and assistance with making reports.

The FTC has a page dedicated to offering advice to parents on how to protect their child?s identity from theft. It gives parents a ?how to? on knowing the warning signs, how to prevent the theft of their child?s identity, how to check their credit, and how to repair any damage if they are targeted. [Page: https://www.consumer.ftc.gov/topics/privacy-identity]

The CFPB has guides for people who are serving as powers of attorney, trustees, court appointed guardians and government fiduciaries (Social Security representative payees and VA fiduciaries.) The guides are intended to help the financial caregiver in three ways: ? They walk you through your duties. ? They tell you how to watch out for scams and financial exploitation, and what to do if your loved one is a victim. ? They tell you where you can go for help.

The guides can be downloaded on the Consumer Financial Protection Bureau?s website: [http://www.consumerfinance.gov/blog/managing-someone-elses-money/?utmsource=newsletter&utmmedium=email&utm_campaign=20131029OA]

If you have questions about these or other consumer matters, please contact the Consumer Protection Division of the Attorney General?s Office at 1(800) 436-2131 or consumer.mediation@maine.gov .

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During the early evening of Wednesday, July 3, 2013, Sgt. John Preston and Officer Joseph Bartlett of the Calais Police Department used deadly force against Daniel Pinney, 26, of Calais, during an armed confrontation at Mr. Pinney?s residence on Main Street in Calais. Although the rounds fired by Sgt. Preston and Officer Bartlett did not take Mr. Pinney?s life, it is the responsibility of this Office to determine whether the officers were acting in self-defense or in the defense of someone else at the time they employed deadly force.

Facts

On Wednesday afternoon, July 3, 2013, Megan Sherrard, 21, and her six-week-old son failed to appear at a 3:30 p.m. medical appointment in Calais. Ms. Sherrard?s mother located Ms. Sherrard?s unoccupied vehicle in the parking lot of the medical facility and noticed that the child safety seat was missing. She attempted unsuccessfully to reach Ms. Sherrard by cell phone, and then drove to several locations in Calais looking for Ms. Sherrard and the infant child. She drove by the Main Street apartment of the child?s father, Daniel Pinney, from whom Ms. Sherrard was estranged and against whom Ms. Sherrard had obtained a Protection from Abuse Order based on alleged threats of violence against Ms. Sherrard and her father. [1] Ms. Sherrard?s mother observed Mr. Pinney?s pickup truck parked outside the apartment, but did not stop. She continued to call Ms. Sherrard?s cell phone, but it only went to voice mail. Ms. Sherrard?s father left work to join his wife in searching for their daughter and grandson. On his way to meet his wife, he drove by Mr. Pinney?s apartment and was struck by the odd manner in which Mr. Pinney?s pickup truck was backed in and parked very close to the door of the building leading into the apartment.

Mr. and Mrs. Sherrard went to the Calais Police Department and met with three officers, Sgt. John Preston, Officer William White, and Officer Joseph Bartlett. Sergeant Preston and Officer White were familiar with Mr. Pinney and the alleged threats that had resulted in the Protection from Abuse Orders issued against him. The officers decided they would go to Mr. Pinney?s apartment to look for Ms. Sherrard and the baby. Officer White was operating a marked Calais police cruiser; Sgt. Preston and Officer Bartlett were in a second marked police cruiser. All three officers were in uniform. They arrived at Mr. Pinney?s apartment on Main Street shortly before 6 p.m. They, like Mr. Sherrard earlier, were struck with the odd fashion in which Mr. Pinney?s pickup truck was parked, as it left only approximately three feet of space between the truck?s passenger door and the doorway of a mudroom that led to Mr. Pinney?s apartment. The officers looked inside the truck and saw a child safety seat. Officer White approached the rear of the residence on foot. Sgt. Preston directed Officer Bartlett to stand near the driver?s door of Mr. Pinney?s vehicle, and Sgt. Preston went to the apartment door.

As Sgt. Preston knocked on the storm door to the mudroom, he saw Ms. Sherrard carrying a baby and running toward the door. Sgt. Preston tried to open the storm door, but it was locked from the inside. Ms. Sherrard was able to open the door from the inside at the same time that Mr. Pinney shot her in the back. [2] Sgt. Preston grabbed Ms. Sherrard, who was still holding her baby, and pulled her out of the doorway. Sgt. Preston drew his handgun and began shooting at Mr. Pinney, who was now less than ten feet away at an inner doorway to the apartment. [3] Upon hearing the gunfire, Officer Bartlett, who was outside next to the pickup truck, also shot at Mr. Pinney. Sgt. Preston pulled Ms. Sherrard, who was gravely wounded, away from the building to safety. He directed Officer Bartlett to take the baby, who was also injured from the shots fired by Mr. Pinney, outside the building. The officers determined that Mr. Pinney was deceased. Sgt. Preston provided emergency medical aid to Ms. Sherrard until emergency medical technicians arrived.

Detectives from the Office of the Attorney General went to the scene in Calais to conduct an investigation. They were assisted by several members of the State Police, including evidence technicians and detectives. It was later determined by the Office of the Chief Medical Examiner that Mr. Pinney was struck twice in the chest and once in the arm by three of the .45 caliber rounds fired by Sgt. Preston. However, it was also determined that Mr. Pinney died as a result of a wound to the head from a single 9mm round. Mr. Pinney was the only person armed with a 9mm weapon. A fragment of a jacket of a 9mm bullet was found in Mr. Pinney?s head during the autopsy and the spent 9mm round itself was found in a hat Mr. Pinney was wearing at the time of the incident. The Chief Medical Examiner?s Office concluded that Mr. Pinney killed himself by shooting himself in the head. Mr. Pinney?s blood-alcohol content at the time of his death was 0.239%.

Ms. Sherrard suffered four gunshot wounds, two to her back that passed through her body and exited her chest and two wounds to her left arm, most likely caused by the rounds that passed through her back and chest. The infant child suffered wounds to his right ear and left foot, again most likely from the rounds that struck and passed through his mother. Sgt. Preston also suffered a grazing wound to his hand from a round fired by Mr. Pinney.

Both Ms. Sherrard and her infant son survived the multiple gunshot wounds, and Ms. Sherrard was later able to speak with investigators concerning the events of the afternoon of July 3rd. On that afternoon, according to Ms. Sherrard, Mr. Pinney agreed to meet her for the purpose of returning a cell phone to her. Mr. Pinney, she said, wanted to meet in a private area, but Ms. Sherrard insisted on a more public location. The pair agreed to meet near a place of business across the street from Mr. Pinney?s apartment after the scheduled medical appointment. When Ms. Sherrard arrived in the parking lot of the medical facility for the 3:30 appointment, she was accosted by Mr. Pinney, who instructed her at gunpoint to get into his pickup truck with the baby. Ms. Sherrard said that Mr. Pinney told her that they were going to his apartment where he intended to kill her and then kill himself. On the way to the apartment, Mr. Pinney displayed a knife and told Ms. Sherrard that he had intended to stab her if she refused to go with him.

Arriving at his apartment on Main Street, Mr. Pinney backed his vehicle to a point approximately three feet from the entrance to the apartment so that Ms. Sherrard would be unable to flee when she got out of the vehicle. Ms. Sherrard took the baby into the apartment and sat down in the living room. She said that Mr. Pinney became perplexed over what to do with the baby and spoke about leaving the boy somewhere that would be safe and where he would be found quickly. Mr. Pinney told Ms. Sherrard the only reason he had not yet killed her was because she was holding the baby and he did not want to hurt him. Nevertheless, Mr. Pinney speculated that the police would come looking for Ms. Sherrard and the baby at some point and he told Ms. Sherrard that he would shoot her, even if she was holding the baby, if that was to occur. During the approximate two hours that Ms. Sherrard was held captive at the apartment, Mr. Pinney drank wine and encouraged her to do so, telling her it would be easier for her if she drank the wine.

Ms. Sherrard said that when the police arrived, she saw them outside the apartment, but Mr. Pinney did not. She said she realized that she needed to run because she knew that Mr. Pinney intended to shoot her in the apartment if he saw the police. She ran for the door, and Mr. Pinney shot her in the back just as she reached the doorway. Initially, she was unable to open the locked door and when she did get it open, she said she fell into the arms of a police officer.

Analysis and Conclusion The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation in this matter was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution of Sgt. Preston or Officer Bartlett. The review did not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or someone else, and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether the use of force was reasonable is based on all of the circumstances, and is judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General Janet T. Mills has concluded that at the time Sgt. Preston and Officer Bartlett fired their weapons at Mr. Pinney, they reasonably believed that Mr. Pinney was using unlawful deadly force against them, Ms. Sherrard and her baby, and it was reasonable for the officers to believe that it was necessary for them to use deadly force to protect themselves and others from that unlawful deadly force.

Notes: [1] On May 16, 2013, a week before the birth of her son, Megan reported the alleged threats to the Calais Police Department. As a result, Mr. Pinney was arrested. Two days later, the Calais District Court issued the Protection from Abuse Order against Mr. Pinney, which prohibited him from having any contact with Ms. Sherrard. On June 11, 2013, nearly three weeks after the birth of the baby, a second Protection from Abuse Order was issued against Mr. Pinney prohibiting him from having any contact with the baby. Both Orders included a provision that prohibited Mr. Pinney from possessing a firearm.

[2] At least one of the two rounds that struck Ms. Sherrard in the back and exited through her chest also struck Sgt. Preston, resulting in a grazing wound to his hand. That round or a second one also struck Sgt. Preston?s bloused uniform shirt without striking his body and came to rest inside the shirt. The spent round was discovered later at the police station when Sgt. Preston removed his shirt.

[3] Fifteen (15) seconds elapsed from the time Sgt. Preston knocked on the door to the time the shooting ended. Mr. Pinney discharged four rounds, Sgt. Preston nine rounds, and Officer Bartlett one round.

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Report of the Attorney General on the Use of Deadly Force by Calais Police Officers on July 3, 2013, in Calais

December 13, 2013

During the early evening of Wednesday, July 3, 2013, Sgt. John Preston and Officer Joseph Bartlett of the Calais Police Department used deadly force against Daniel Pinney, 26, of Calais, during an armed confrontation at Mr. Pinney?s residence on Main Street in Calais. Although the rounds fired by Sgt. Preston and Officer Bartlett did not take Mr. Pinney?s life, it is the responsibility of this Office to determine whether the officers were acting in self-defense or in the defense of someone else at the time they employed deadly force.

Facts

On Wednesday afternoon, July 3, 2013, Megan Sherrard, 21, and her six-week-old son failed to appear at a 3:30 p.m. medical appointment in Calais. Ms. Sherrard?s mother located Ms. Sherrard?s unoccupied vehicle in the parking lot of the medical facility and noticed that the child safety seat was missing. She attempted unsuccessfully to reach Ms. Sherrard by cell phone, and then drove to several locations in Calais looking for Ms. Sherrard and the infant child. She drove by the Main Street apartment of the child?s father, Daniel Pinney, from whom Ms. Sherrard was estranged and against whom Ms. Sherrard had obtained a Protection from Abuse Order based on alleged threats of violence against Ms. Sherrard and her father. [1] Ms. Sherrard?s mother observed Mr. Pinney?s pickup truck parked outside the apartment, but did not stop. She continued to call Ms. Sherrard?s cell phone, but it only went to voice mail. Ms. Sherrard?s father left work to join his wife in searching for their daughter and grandson. On his way to meet his wife, he drove by Mr. Pinney?s apartment and was struck by the odd manner in which Mr. Pinney?s pickup truck was backed in and parked very close to the door of the building leading into the apartment.

Mr. and Mrs. Sherrard went to the Calais Police Department and met with three officers, Sgt. John Preston, Officer William White, and Officer Joseph Bartlett. Sergeant Preston and Officer White were familiar with Mr. Pinney and the alleged threats that had resulted in the Protection from Abuse Orders issued against him. The officers decided they would go to Mr. Pinney?s apartment to look for Ms. Sherrard and the baby. Officer White was operating a marked Calais police cruiser; Sgt. Preston and Officer Bartlett were in a second marked police cruiser. All three officers were in uniform. They arrived at Mr. Pinney?s apartment on Main Street shortly before 6 p.m. They, like Mr. Sherrard earlier, were struck with the odd fashion in which Mr. Pinney?s pickup truck was parked, as it left only approximately three feet of space between the truck?s passenger door and the doorway of a mudroom that led to Mr. Pinney?s apartment. The officers looked inside the truck and saw a child safety seat. Officer White approached the rear of the residence on foot. Sgt. Preston directed Officer Bartlett to stand near the driver?s door of Mr. Pinney?s vehicle, and Sgt. Preston went to the apartment door.

As Sgt. Preston knocked on the storm door to the mudroom, he saw Ms. Sherrard carrying a baby and running toward the door. Sgt. Preston tried to open the storm door, but it was locked from the inside. Ms. Sherrard was able to open the door from the inside at the same time that Mr. Pinney shot her in the back. [2] Sgt. Preston grabbed Ms. Sherrard, who was still holding her baby, and pulled her out of the doorway. Sgt. Preston drew his handgun and began shooting at Mr. Pinney, who was now less than ten feet away at an inner doorway to the apartment. [3] Upon hearing the gunfire, Officer Bartlett, who was outside next to the pickup truck, also shot at Mr. Pinney. Sgt. Preston pulled Ms. Sherrard, who was gravely wounded, away from the building to safety. He directed Officer Bartlett to take the baby, who was also injured from the shots fired by Mr. Pinney, outside the building. The officers determined that Mr. Pinney was deceased. Sgt. Preston provided emergency medical aid to Ms. Sherrard until emergency medical technicians arrived.

Detectives from the Office of the Attorney General went to the scene in Calais to conduct an investigation. They were assisted by several members of the State Police, including evidence technicians and detectives. It was later determined by the Office of the Chief Medical Examiner that Mr. Pinney was struck twice in the chest and once in the arm by three of the .45 caliber rounds fired by Sgt. Preston. However, it was also determined that Mr. Pinney died as a result of a wound to the head from a single 9mm round. Mr. Pinney was the only person armed with a 9mm weapon. A fragment of a jacket of a 9mm bullet was found in Mr. Pinney?s head during the autopsy and the spent 9mm round itself was found in a hat Mr. Pinney was wearing at the time of the incident. The Chief Medical Examiner?s Office concluded that Mr. Pinney killed himself by shooting himself in the head. Mr. Pinney?s blood-alcohol content at the time of his death was 0.239%.

Ms. Sherrard suffered four gunshot wounds, two to her back that passed through her body and exited her chest and two wounds to her left arm, most likely caused by the rounds that passed through her back and chest. The infant child suffered wounds to his right ear and left foot, again most likely from the rounds that struck and passed through his mother. Sgt. Preston also suffered a grazing wound to his hand from a round fired by Mr. Pinney.

Both Ms. Sherrard and her infant son survived the multiple gunshot wounds, and Ms. Sherrard was later able to speak with investigators concerning the events of the afternoon of July 3rd. On that afternoon, according to Ms. Sherrard, Mr. Pinney agreed to meet her for the purpose of returning a cell phone to her. Mr. Pinney, she said, wanted to meet in a private area, but Ms. Sherrard insisted on a more public location. The pair agreed to meet near a place of business across the street from Mr. Pinney?s apartment after the scheduled medical appointment. When Ms. Sherrard arrived in the parking lot of the medical facility for the 3:30 appointment, she was accosted by Mr. Pinney, who instructed her at gunpoint to get into his pickup truck with the baby. Ms. Sherrard said that Mr. Pinney told her that they were going to his apartment where he intended to kill her and then kill himself. On the way to the apartment, Mr. Pinney displayed a knife and told Ms. Sherrard that he had intended to stab her if she refused to go with him.

Arriving at his apartment on Main Street, Mr. Pinney backed his vehicle to a point approximately three feet from the entrance to the apartment so that Ms. Sherrard would be unable to flee when she got out of the vehicle. Ms. Sherrard took the baby into the apartment and sat down in the living room. She said that Mr. Pinney became perplexed over what to do with the baby and spoke about leaving the boy somewhere that would be safe and where he would be found quickly. Mr. Pinney told Ms. Sherrard the only reason he had not yet killed her was because she was holding the baby and he did not want to hurt him. Nevertheless, Mr. Pinney speculated that the police would come looking for Ms. Sherrard and the baby at some point and he told Ms. Sherrard that he would shoot her, even if she was holding the baby, if that was to occur. During the approximate two hours that Ms. Sherrard was held captive at the apartment, Mr. Pinney drank wine and encouraged her to do so, telling her it would be easier for her if she drank the wine.

Ms. Sherrard said that when the police arrived, she saw them outside the apartment, but Mr. Pinney did not. She said she realized that she needed to run because she knew that Mr. Pinney intended to shoot her in the apartment if he saw the police. She ran for the door, and Mr. Pinney shot her in the back just as she reached the doorway. Initially, she was unable to open the locked door and when she did get it open, she said she fell into the arms of a police officer.

Analysis and Conclusion The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation in this matter was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution of Sgt. Preston or Officer Bartlett. The review did not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or someone else, and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether the use of force was reasonable is based on all of the circumstances, and is judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General Janet T. Mills has concluded that at the time Sgt. Preston and Officer Bartlett fired their weapons at Mr. Pinney, they reasonably believed that Mr. Pinney was using unlawful deadly force against them, Ms. Sherrard and her baby, and it was reasonable for the officers to believe that it was necessary for them to use deadly force to protect themselves and others from that unlawful deadly force.

Notes: [1] On May 16, 2013, a week before the birth of her son, Megan reported the alleged threats to the Calais Police Department. As a result, Mr. Pinney was arrested. Two days later, the Calais District Court issued the Protection from Abuse Order against Mr. Pinney, which prohibited him from having any contact with Ms. Sherrard. On June 11, 2013, nearly three weeks after the birth of the baby, a second Protection from Abuse Order was issued against Mr. Pinney prohibiting him from having any contact with the baby. Both Orders included a provision that prohibited Mr. Pinney from possessing a firearm.

[2] At least one of the two rounds that struck Ms. Sherrard in the back and exited through her chest also struck Sgt. Preston, resulting in a grazing wound to his hand. That round or a second one also struck Sgt. Preston?s bloused uniform shirt without striking his body and came to rest inside the shirt. The spent round was discovered later at the police station when Sgt. Preston removed his shirt.

[3] Fifteen (15) seconds elapsed from the time Sgt. Preston knocked on the door to the time the shooting ended. Mr. Pinney discharged four rounds, Sgt. Preston nine rounds, and Officer Bartlett one round.

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Attorney General Janet Mills Files Suit Against Festiva Vacation Club

December 16, 2013

(AUGUSTA) Attorney General Janet T. Mills announced today that her Office has filed suit against Festiva Hospitality Group and its associated businesses and principals for unfair and deceptive practices in connection with Festiva?s points-based ?vacation club.?

The ten-count complaint, filed in Kennebec Superior Court, alleges that Festiva sold Maine consumers ?points? for membership in a vacation club at high pressure sales presentations held at the Rangeley Lake Resort and at its sales office on Riverside Drive in Portland. Festiva told consumers that they could use points to take vacations anytime at various Festiva resorts around the country, including those in Florida, the Carolinas, Missouri, and at Rangeley Lake. However, many consumers discovered after they signed a 40-year contract with Festiva that membership in its vacation club is not what they were told it would be.

A number of consumers have complained to the Attorney General?s Office that it is impossible to book a vacation because of the lack of accommodations at Festiva?s resorts, particularly at peak times and locations. People who bought these ?points? thought they could save them to use for a vacation in another year but later found out that Festiva would not allow them to carry over points. They were also surprised to receive bills for higher and higher maintenance fees and special assessments. Consumers who tried to cancel their memberships were told they had signed a 40-year contract obligating them to pay fees and assessments, even if the purchaser is unable to schedule a vacation at a Festiva resort.

?Festiva pressures Maine consumers into buying an expensive but basically worthless product using misleading tactics,? says Attorney General Mills. ?Festiva tells them membership in its vacation club is a convenient and inexpensive way to vacation, but the reality is exactly the opposite. Consumers end up paying too much money for too long a time for a something that never materializes. Festiva promised dream vacations but delivered deception.?

The complaint asks the court to order civil penalties, reimbursement to consumers and an injunction against these deceptive practices.

Maine Assistant Attorneys General Linda Conti and Carolyn Silsby are pursuing the claims against Festiva for the State of Maine. Other states also taking action against Festiva Louisiana.

A copy of the Attorney General?s complaint is on the web site at www.maine.gov/ag.

Consumers who have questions about Festiva or other consumer protection matters can contact the Attorney General?s Office?s Consumer Protection Division at www.consumer.mediation@maine.gov or by calling 1-800-436-2131 or 207-626-8849.

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Supporting documents

Festiva Complaint

Attorney General Mills Urges Congress to Extend Tax Relief for Struggling Homeowners

December 19, 2013

AUGUSTA ? Fearing a setback for financially strapped homeowners and for the slowly improving housing market, Attorney General Janet T. Mills is urging Congress to extend tax relief for distressed homeowners into next year.

While the national housing market has shown signs of improvement, foreclosure filings are on the rise in Maine and could set a record in 2013. ?With Maine on track to see nearly 44,000 default notices sent to homeowners, clearly now is not the time to take away an important tool in helping struggling families,? said Attorney General Mills.

Under the federal Mortgage Debt Relief Act, in effect since 2007, mortgage debt that is forgiven after a foreclosure or short sale or through a loan modification provided to a homeowner in financial hardship is excluded from a taxpayer?s calculation of taxable income. This exclusion only applies to mortgage debt forgiven on primary residences, not second homes.

?I urge Congress to again extend this critical policy so that families that have been able to receive mortgage debt relief do not then face a tax bill that they cannot afford,? Attorney General Mills said. ?I believe this tax relief is critical not only for struggling families but also for any housing market recovery.?

Attorney General Mills has been reviewing the foreclosure process in Maine this summer and fall at the request of the Legislature?s Judiciary Committee. Attorney General Mills met personally with dozens of interested parties and convened two panel discussions with homeowner advocates, mediators and lenders to discuss how Maine?s foreclosure process is working and what can be done to improve the system. Attorney General Mills will report back to the Committee in January.

?In my discussions with homeowners and banks, I hear that a short sale or a deed-in-lieu foreclosure is often the best option for both parties,? said Mills. ?I also hear that it doesn?t happen frequently enough. Placing another barrier to this process by requiring a homeowner to pay taxes on the amount forgiven is exactly the wrong direction to go in. Congress needs to act on this immediately.?

An extension for 2014 is included in the Mortgage Forgiveness Tax Relief Act (S. 1187 and H.R. 2788), both of which are in committee; it is uncertain when these bills will be considered. The current Ryan-Murray budget proposal does not include the exemption provision.

More than 40 attorneys general from across the country are joining in this request to congress.

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Supporting documents

Mortgage Letter

AG Mills Announces latest settlement in ?Robo Signing? scandal

December 19, 2013

(AUGUSTA) Ocwen Financial Corporation of Atlanta, Georgia, and its subsidiary, Ocwen Loan Servicing, have agreed to a $2.1 billion dollar joint state-federal settlement with Attorney General Janet Mills, 48 additional states and the District of Columbia, and the Consumer Financial Protection Bureau (CFPB).

According to a complaint filed in the U.S. District Court for the District of Columbia, the misconduct resulted in premature and unauthorized foreclosures, violations of homeowners? rights and protections, and the use of false and deceptive documents and affidavits, including ?robo-signing.?

The settlement terms address servicing misconduct by Ocwen, and two companies later acquired by Ocwen, Homeward Residential Inc. and Litton Home Servicing LP. Ocwen specializes in servicing high-risk mortgage loans.

The settlement with the nation?s fourth largest mortgage servicer is the result of a massive civil law enforcement investigation and initiative that includes state attorneys general, state mortgage regulators and the CFPB. Through a court order, the settlement holds Ocwen accountable for past mortgage servicing and foreclosure abuses, provides relief to homeowners, and stops future fraud and abuse.

?What we found in the Ocwen case is similar to a lot of the problems we saw in our other mortgage servicer enforcement cases,? Mills said. ?While the National Mortgage Settlement appears to have halted many of the worst practices of the past, I am disturbed that many borrowers are still having difficulty in seeking modifications and resolving a threat of foreclosure. I am hopeful that this latest settlement with Ocwen will bring needed relief to affected homeowners and it will demonstrate to loan servicers that we will continue to hold them accountable.?

Attorney General Mills has been reviewing the foreclosure process in Maine this summer and fall at the request of the Legislature?s Judiciary Committee. Attorney General Mills has met with dozens of interested parties and convened two panel discussions with homeowner advocates, mediators and lenders to discuss how Maine?s foreclosure process is working and what could be done to improve the system. Attorney General Mills expects to report back to the Committee in January.

Under the settlement, Ocwen agreed to $2 billion in first-lien principal reduction, and $125 million for cash payments to borrowers on nearly 185,000 foreclosed loans. In Maine, the 739 homeowners who were foreclosed upon by Ocwen between January 1, 2009 and December 31, 2012 are eligible for a cash payment. Eligible homeowners will be contacted by Ocwen. For homeowners who are in the foreclosure process with Ocwen, but not yet foreclosed upon, Ocwen has agreed to provide an estimated $8,138,187 in first lien principal reduction. These consumers are encouraged to contact Ocwen at 1-800-337-6695 or consumerrelief@ocwen.com.

Joseph A. Smith, Jr., Monitor of the National Mortgage Settlement, will oversee the Ocwen agreement?s implementation and compliance through the Office of Mortgage Settlement Oversight.

The National Mortgage Settlement, a three-year agreement reached in 2012 with the attorneys general of 49 states and the District of Columbia, the federal government, and five mortgage servicers (Ally/GMAC, Bank of America, Citi, JPMorgan Chase and Wells Fargo), has so far provided more than $51 billion in relief to distressed homeowners and created significant new servicing standards. The U.S. District Court in Washington, D.C. entered the consent judgments on April 5, 2012.

The Ocwen settlement does not grant immunity from criminal offenses and would not affect any criminal prosecutions. The agreement does not prevent homeowners or investors from pursuing individual, institutional or class action civil cases. The agreement also preserves the authority of state attorneys general and federal agencies to investigate and pursue other aspects of the mortgage crisis, including securities cases.

Ocwen Agreement Highlights ? Ocwen commits to $2 billion in first-lien principal reduction. ? Ocwen pays $125 million cash to borrowers associated with 183,984 foreclosed loans. ? Homeowners receive comprehensive new protections from new mortgage loan servicing and foreclosure standards. ? An independent monitor will oversee implementation of the settlement to ensure compliance. ? The government can pursue civil claims outside of the agreement, and any criminal case; borrowers and investors can pursue individual, institutional or class action cases regardless of the agreement. ? Ocwen pays $2.3 million for settlement administration costs.

The final agreement, through a consent judgment, will be filed in U.S. District Court in Washington, D.C. If approved by a judge, it will have the authority of a court order.

Because of the complexity of the mortgage market and this agreement, which will span a three year period, in some cases Ocwen will contact borrowers directly regarding principal reductions. However, borrowers should contact Ocwen to obtain more information about principal reductions and whether they qualify under terms of this settlement.

A settlement administrator will contact qualified borrowers associated with foreclosed loans regarding cash payments.

More information will be made available as the settlement programs are implemented.

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***Scam Alert*** AG Mills Warns Maine Consumers about Home Contractor barred in Massachusetts

December 20, 2013

(AUGUSTA) Attorney General Janet T. Mills is alerting Maine consumers about a Massachusetts man who was barred from running a home repair business in that state after he was found to have had a long record of defrauding customers. Massachusetts Attorney General Martha Coakley?s Office has taken repeated action against Richard Myers of Hanover, Massachusetts ? operating under the business name of Atlantic Restoration Company. According to a 2012 press release from Attorney General Coakley?s Office: ?In November 2006, the AG?s Office sued Myers, alleging he violated the Home Improvement Contractor Act by illegally engaging in home improvement work on a suspended license, failing to perform agreed-upon work or apply for required building permits, requesting excessive cash advances, and failing and refusing to refund homeowners? payments for work not performed. ?In February 2011, a final judgment was entered against Myers, requiring him to pay more than $291,000 in consumer restitution, $300,000 in civil penalties and more than $125,000 in fees, and permanently enjoining him from soliciting or engaging in home improvement contracting work in the Commonwealth.? The Maine Attorney General?s Office has been contacted by a local law enforcement agency in Cumberland County to report they have received a complaint about Mr. Myers? business activities. He could be operating elsewhere in the state and under other business names. ?Consumers should be wary of doing business with this person,? said Attorney General Mills. ?His track record in other states is poor. He has been ordered by a court in another state to stop engaging in the home contracting and repair business. Maine homeowners should be on guard against hiring him to do work for them.? Anyone who has questions about dealing with home repair contractors is encouraged to contact the Consumer Protection Division of the Maine Attorney General?s Office. If you have questions about these or other consumer matters, please contact the Consumer Protection Division of the Attorney General?s Office, free of charge, at 1(800) 436-2131 or consumer.mediation@maine.gov. More information is available on the Consumer Division?s website: www.maine.gov/ag/consumer .

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Supporting documents

Mass Court Judgment against Myers

Report of the Attorney General on the Use of Deadly Force by East Millinocket Police Officer on August 17, 2013, in Grindstone

December 20, 2013

Late on Saturday night, August 17, 2013, Robert Bellfleur, 78, was shot and killed during an armed confrontation outside his home in Grindstone by Officer Seth Burnes of the East Millinocket Police Department. It is the responsibility of the Office of the Attorney General to determine whether the officer was acting in self-defense or in the defense of someone else at the time he employed deadly force. Facts

Brian and Marlene Badger reside on the Frazier Road[1] in Grindstone Township, a seasonal residence from which they have operated a bear hunting guide service for the past three years. Their closest neighbor was Robert Bellfleur, Sr., 78, who lived alone in a residence across the road. Frazier Road is a dead-end road and the two residences are at the terminus.

On Saturday evening, August 17, 2013, the Badgers? attention was drawn outside to the flashing of headlamps from what turned out to be Mr. Bellfleur in his vehicle at his residence. Shortly thereafter, Mr. Badger looked out the window and observed Mr. Bellfleur staggering up the steps to the Badgers? front door. Mr. Bellfleur fell on the steps, got up, and continued to the front door. Mrs. Badger opened the door and was met by Mr. Bellfleur, who immediately started yelling and cursing at Mr. and Mrs. Badger over the hunting practice of baiting bears. Mrs. Badger could smell an odor of intoxicants emanating from Mr. Bellfleur. Mr. Bellfleur threatened to kill the Badgers and burn their house down. Mr. and Mrs. Badger had seen Mr. Bellfleur intoxicated on many occasions during the three years they were neighbors, but on this occasion he was more agitated than before. Mr. Badger told Mr. Bellfleur to go home. Concerned about the tenor of Mr. Bellfleur?s behavior, and especially the threats to kill the Badgers and burn their house down, Mr. Badger directly telephoned Patricia McLaughlin, a Penobscot County deputy sheriff, for advice. The call was made at 8:39 p.m. Deputy McLaughlin said that she would come to the Badger residence to be sure that Mr. Bellfleur had in fact left.

At the time she received the call from Mr. Badger, Deputy McLaughlin had been assisting East Millinocket police officers Seth Burnes and Brad Fitzgerald with a traffic stop. Deputy McLaughlin requested assistance from the two officers with Mr. Bellfleur because she knew from past information and experience that Mr. Bellfleur could be aggressive toward law enforcement. For example, as recently as April 2013, Mr. Bellfleur called the Penobscot County Regional Communications Center after having been issued harassment warnings by the Sheriff?s Office and said that he would shoot any officer who came to his house and attempted to arrest him. At 8:42 p.m., Mr. Badger called Deputy McLaughlin back and told her that Mr. Bellfleur had left the residence. Mr. Badger asked her not to respond because he was concerned that a police presence might anger Mr. Bellfleur even more, causing him to follow through with the threat to burn their house down. However, at 8:49 p.m., Mr. Bellfleur returned to the Badger residence, and again threatened to kill the Badgers and burn their house down. He also continued to harangue them over their bear hunting practices. Mrs. Badger called Deputy McLaughlin back and informed her that Mr. Bellfleur was back and was continuing his threats.

At approximately 9:00 p.m., Deputy McLaughlin and the two East Millinocket police officers, Seth Burnes and Brad Fitzgerald, arrived at the Badger residence. Each officer arrived in separate, marked cruisers; all three officers were in uniform. Deputy McLaughlin illuminated the front of the Badger residence and observed Mr. and Mrs. Badger on their porch attempting to persuade Mr. Bellfleur to leave their door step and go home. Deputy McLaughlin approached Mr. Bellfleur, who she observed to be very intoxicated, instructed him to leave the property, and told him not to return or he would be arrested for criminal trespass. Mr. Bellfleur argued with Deputy McLaughlin and she ordered him at least four separate times to leave the Badger residence or face arrest. Mr. Bellfleur, in preparing to leave, stated that if any of the officers went onto his property, they would be shot. As he was leaving, he yelled, ?This isn?t going to be another Ruby Ridge! You are not going to shoot me in the back.? The officers watched Mr. Bellfleur walk out of sight in the direction of his residence.

Standing outside her residence with her husband and the three officers, Mrs. Badger noticed all of the lights in Mr. Bellfleur?s residence go out, which she found unusual. Mr. Bellfleur could still be heard yelling from his residence. A few moments later, the Badgers and the three police officers, all still standing outside the Badger?s residence, heard a gunshot, which appeared to have come from Mr. Bellfleur?s residence. The Badgers ran into their residence and the officers used their vehicles for cover.

Officer Fitzgerald turned his vehicle around and illuminated the front porch area of Mr. Bellfleur?s residence, a distance of approximately 200 feet, with the headlights and spotlight of his cruiser. Officer Fitzgerald could see Mr. Bellfleur standing in his doorway on the porch holding a long gun (rifle or shotgun) in his hands.

Officer Burnes retrieved his carbine rifle from his vehicle, took a position using his vehicle for cover, and focused on Mr. Bellfleur?s front porch. With the area illuminated by Officer?s Fitzgerald?s lights, Officer Burnes observed Mr. Bellfleur step out of his residence onto the porch with the long gun in the ?ready position,? which he described as not quite raised at shoulder height, but with both hands on the weapon and pointed directly at the officers. The long gun was later determined to be a 12 gauge shotgun.

Officer Burnes fired three rounds at Mr. Bellfleur and Mr. Bellfleur immediately fell backward through the open door, which shut behind him. It was unknown immediately if Mr. Bellfleur had been injured or if he was hiding in the residence. The officers waited for the State Police Tactical Team to arrive and approach the house in a protected vehicle. It was then determined that Mr. Bellfleur was deceased.

Later investigation determined that one of the rounds missed altogether, one round struck the side of the residence, and one round struck Mr. Bellfleur in the chest. The impact of the bullet caused him to drop his weapon and fall backward through the open door of his residence. Examination of the scene during the subsequent investigation determined that Mr. Bellfleur had stood on his front porch with his right shoulder leaning against a screen door. An interior door was open. When Mr. Bellfleur was shot, he dropped his weapon, fell into his residence, and the screen door closed behind him.

Detectives from the Office of the Attorney General went to the scene in Grindstone to conduct an investigation. They were assisted by several members of the State Police, including evidence technicians and detectives. A later postmortem examination and autopsy performed by the Office of the Chief Medical Examiner in Augusta determined that Mr. Bellfleur died from blood loss as a result of a single gunshot wound to the chest that perforated a lung. It was also determined that Mr. Bellfleur?s blood-alcohol content at the time of his death was 0.146%. The scene investigation and post mortem examination were consistent with the accounts given by the officers and witnesses.

Analysis and Conclusion The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation in this matter was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution of Officer Burnes. The review did not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or someone else, and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether a use of force is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General Janet T. Mills has concluded that at the time Officer Burnes shot Mr. Bellfleur, he reasonably believed that unlawful deadly force was being imminently threatened against him and the other officers, and it was reasonable for him to believe that it was necessary for him to use deadly force to protect himself and the other officers from deadly force. The officer acted in self-defense and in the defense of the other persons present.

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Maine Recognizes Utah Marriages, Attorney General Janet Mills Announces

January 13, 2014

(AUGUSTA) Maine Attorney General Janet T. Mills confirmed today that Maine law recognizes out-of-state marriages that are validly licensed and certified and are otherwise legal in Maine, including same-sex marriages performed recently in Utah. Pursuant the 2012 citizen referendum, the State of Maine recognizes same-sex marriages performed within Maine as well, as same-sex marriages legally performed in other jurisdictions. Recently in the State of Utah, same-sex marriages were briefly allowed. According to published reports, as many as 1,360 couples were married between December 20, 2013 when a federal judge struck down a Utah ban on same-sex marriages and January 6, 2014 when the US Supreme Court enjoined further marriages pending an appeal. ?Maine statute is clear that any marriage that was performed legally in another state and that would otherwise be legal in Maine will be given full faith and credit under Maine law,? said Attorney General Janet T. Mills. ?Assuming these marriages in Utah also comply with Maine law, they will be recognized here. Moreover, this issue raises the notion that some Americans are not being treated equally and are being denied the right to marry the person they love. I hope that the Supreme Court will use this opportunity to right this wrong in Utah, as they have elsewhere.? The statement from Attorney General Mills was prompted by an inquiry from newspaper reporters and from national advocacy groups involved in marriage equality issues.

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Attorney General Mills Announces Drug Statistics ? Heroin on upswing

January 15, 2013

(AUGUSTA) Attorney General Janet Mills and Chief Medical Examiner Margaret Greenwald released figures today which disclose that 163 drug induced deaths occurred in Maine in 2012. The number of drug induced deaths has been consistently high for the past 12 years and includes all deaths in which one or more drugs are mentioned on the death certificate as a cause of death or as a significant contributing factor. Most of these deaths reportedly are accidental overdoses.

?Each of these deaths represents a waste of a life, a preventable tragedy,? Attorney General Mills stated. ?The destruction of lives by drugs deserves our intensive intervention and society?s full attention. The Affordable Care Act now covers substance abuse disorders and treatment, with federal subsidies for those who cannot afford their insurance premiums. But cuts in MaineCare will leave more of the very poor without coverage for these treatable disorders. We may expect more preventable deaths in the future.?

The Attorney General remarked on the astonishing increase in deaths due to heroin use. Heroin use is on the rise partly because of regulations restricting prescriptions for oxycodone and regulations requiring tamper resistant packaging of prescription opioids. As reported in the New York Times cover story on heroin in New England a few months ago, the price of heroin has made this deadly drug much more accessible to people who can no longer get prescription opioids and to people just getting hooked on drugs. In 2012, 28 people in Maine died as a result of heroin overdose, compared to just seven in 2011.

Attorney General Mills noted that six of the 25 homicides during 2012 were related to illegal drugs. ?People are killing each other over these substances.?

Equally disturbing is the fact that 927 babies born in Maine last year began their lives under the influence of illegal drugs?more than twice the number in 2009, a hundred fifty-five more than in 2012, and a dramatic increase from the low of 165 in 2005.

?Each of these babies represents a challenge to Maine?s health care system, Maine?s educational system, Maine?s social services system,? Attorney General Mills said. Each of these children will require comprehensive health care that is now no longer available to many in our state.?

The problem of drug addiction and drug trafficking is a public health crisis requiring treatment and support, preventative services and a greater focus on education and creative criminal justice approaches such as Drug Court and Co-Occurring Disorder Courts.

Mills noted that her office prosecuted approximately 630 felony drug cases in 2013. In Maine the Attorney General?s Office prosecutes most major drug crimes and works closely with the Maine Drug Enforcement Agency and the United States Attorney?s Office to combat the importation of heroin and other dangerous drugs from other jurisdictions.

The drug death data is collected and analyzed each year by Dr. Marcella Sorg, Margaret Chase Smith Center, University of Maine. Dr. Sorg noted that her review of the first 11 months of 2013 data shows that the number of heroin deaths remained high during the year and will likely exceed 2012 levels.

[Attachment: PDF: Sorg Drug Death Update Jan 14 2014 GRAPH]

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Supporting documents

Attorney General Mills Announces Drug Statistics ? Heroin on upswing

January 15, 2014

(AUGUSTA) Attorney General Janet Mills and Chief Medical Examiner Margaret Greenwald released figures today which disclose that 163 drug induced deaths occurred in Maine in 2012. The number of drug induced deaths has been consistently high for the past 12 years and includes all deaths in which one or more drugs are mentioned on the death certificate as a cause of death or as a significant contributing factor. Most of these deaths reportedly are accidental overdoses.

?Each of these deaths represents a waste of a life, a preventable tragedy,? Attorney General Mills stated. ?The destruction of lives by drugs deserves our intensive intervention and society?s full attention. The Affordable Care Act now covers substance abuse disorders and treatment, with federal subsidies for those who cannot afford their insurance premiums. But cuts in MaineCare will leave more of the very poor without coverage for these treatable disorders. We may expect more preventable deaths in the future.?

The Attorney General remarked on the astonishing increase in deaths due to heroin use. Heroin use is on the rise partly because of regulations restricting prescriptions for oxycodone and regulations requiring tamper resistant packaging of prescription opioids. As reported in the New York Times cover story on heroin in New England a few months ago, the price of heroin has made this deadly drug much more accessible to people who can no longer get prescription opioids and to people just getting hooked on drugs. In 2012, 28 people in Maine died as a result of heroin overdose, compared to just seven in 2011.

Attorney General Mills noted that six of the 25 homicides during 2012 were related to illegal drugs. ?People are killing each other over these substances.?

Equally disturbing is the fact that 927 babies born in Maine last year began their lives under the influence of illegal drugs?more than twice the number in 2009, a hundred fifty-five more than in 2012, and a dramatic increase from the low of 165 in 2005.

?Each of these babies represents a challenge to Maine?s health care system, Maine?s educational system, Maine?s social services system,? Attorney General Mills said. Each of these children will require comprehensive health care that is now no longer available to many in our state.?

The problem of drug addiction and drug trafficking is a public health crisis requiring treatment and support, preventative services and a greater focus on education and creative criminal justice approaches such as Drug Court and Co-Occurring Disorder Courts.

Mills noted that her office prosecuted approximately 630 felony drug cases in 2013. In Maine the Attorney General?s Office prosecutes most major drug crimes and works closely with the Maine Drug Enforcement Agency and the United States Attorney?s Office to combat the importation of heroin and other dangerous drugs from other jurisdictions.

The drug death data is collected and analyzed each year by Dr. Marcella Sorg, Margaret Chase Smith Center, University of Maine. Dr. Sorg noted that her review of the first 11 months of 2013 data shows that the number of heroin deaths remained high during the year and will likely exceed 2012 levels.

[Attachment: PDF: Sorg Drug Death Update Jan 14 2014 GRAPH]

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Supporting documents

Sorg Drug Death Data Graphs

Attorney General Mills calls for trade deal to protect Maine?s anti-tobacco efforts

January 28, 2014

(AUGUSTA) Attorney General Janet T. Mills is troubled by a provision in a proposed international trade agreement that would negatively impact the ability of Maine and other states to protect the public health by regulating tobacco products. Attorney General Mills is calling on the United States Trade Representative to amend a provision that would treat tobacco products like any other product for sale. This provision could open state policies regulating tobacco products to challenge by other countries and ignores the devastating health affects tobacco has on Maine people.

AG Mills is concerned that a provision in the Trans-Pacific Partnership that would treat tobacco like any other product could open the landmark 1998 Tobacco Master Settlement Agreement [MSA], or even Maine?s smoke-free workplace law, to challenge by other countries in a legal framework outside of the United States? normal proceedings. The MSA and other state and federal laws place major restrictions on the ability of tobacco companies to market their products and authorize states to enact a number of regulations to impact the sale, taxation and use of tobacco products.

?The MSA severely limited the ability of Big Tobacco to market their deadly products to children in America,? said Attorney General Janet T. Mills. ?Maine has a strong record of protecting the public health by using a broad strategy to keep products out of the hands of kids and to shield people from second-hand smoke. Despite the great strides Maine has made in cutting smoking rates, too many kids and adults in Maine are impacted by tobacco. We cannot allow our ability to protect the public health to be undermined by a trade agreement.?

The American Lung Association?s 2014 State of Tobacco Control notes that 20.3% of Maine?s adults and 15.2% of Maine youth are smokers. Nearly 2,235 Maine residents die per year due to tobacco-related illness ? including 744 smoking-attributable lung cancer deaths and 660 smoking-attributable respiratory disease deaths. Overall, the American Lung Association estimates that tobacco use costs Maine?s economy more than $1 billion a year.

Attorney General Mills joined 42 state attorneys general in sending the letter to Ambassador Michael Froman, the United States Trade Representative responsible for negotiating the Trans-Pacific Trade Agreement. The Attorneys General expressed their collective opposition to any proposals that undermine the ability of states to regulate tobacco or that subject those regulations to challenge under standards and forums that would not be available under United States law.

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Supporting documents

Trans Pacific Part AGs Letter

AG Mills and Legal Services for the Elderly partner to focus on legal response in cases of elder financial abuse

January 31, 2014

(AUGUSTA) Attorney General Janet T. Mills and Legal Services for the Elderly announced the formation of a task force to address barriers to the prosecution of financial exploitation and other serious crimes against the elderly.

?For many years the Attorney General?s Office and the District Attorneys have prosecuted crimes against the elderly,? AG Mills stated. ?But with the aging of our State?s population, these crimes have become more prevalent. We need to encourage older citizens to report crimes and to assure them that their personal and financial security is paramount, that their input is valuable and that the criminal justice system will treat them fairly.?

Speaker of the House Mark Eves elevated the issue of aging in Maine by convening a series of roundtable discussions and a daylong summit that attracted hundreds of participants. The Attorney General?s taskforce will build on those efforts and on others, including the Kennebec and Somerset District Attorney?s Elder Abuse Task Force.

The task force will be chaired by Assistant Attorney General Leanne Robbin. Jaye L. Martin, Executive Director of Legal Services for the Elderly, will staff the task force, which will include prosecutors, law enforcement, DHHS and court personnel.

The task force will address the following questions: 1) What are the barriers to the prosecution of financial exploitation and other serious crimes against the elderly? Are there issues with court scheduling and accommodations for older persons? Do law enforcement and prosecutors require more skills and training to work with elderly witnesses and victims? Are elderly victims reluctant to come forward, especially when the alleged perpetrator may be a family member? Do members of law enforcement have the requisite experience and expertise to develop financial exploitation cases? Are fact finders sometimes biased against elderly witnesses?

2) What can be done to enhance the ability of law enforcement personnel and prosecutors to pursue cases of financial exploitation and other serious crimes against the elderly? This issue will include looking at court procedures, training in investigation and interview techniques and examining any appropriate law changes.

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Attorney General Janet Mills Announces Lawsuit Against Used Car Dealers

February 7, 2014

(AUGUSTA) Attorney General Janet T. Mills announced today that her Office has filed a lawsuit in the Penobscot County Superior Court against Glenn A. Geiser, Jr. and his dealerships ? Bangor Car Care, Inc., Bumper2Bumper, Inc. and My Maine Ride ? for unfair and deceptive trade practices in connection with the promotion and sale of used cars.

The complaint alleges that the defendants target consumers with poor credit who need financing, pressure them to buy cars that are not road worthy and then not respond to customer complaints. The State is seeking civil penalties and a permanent injunction to bar Geiser and any entity in which he has an ownership interest from promoting, selling and/or financing used cars.

?These kinds of practices give Maine businesses a bad name,? said Attorney General Mills. ?Targeting vulnerable people and duping them into buying cars that are not safe not only defrauds the consumer but puts every person traveling our roads at risk. We intend to put a stop to it.?

Typically, consumers at Geiser?s businesses are shown cars that failed to pass inspection so they cannot be taken out for a test drive. Known mechanical defects are not disclosed to the consumer, as required by State law. When a consumer decides to buy, defendants complete the financing documents and tell the consumer to return at a later date to pick up the car after it has gone into the shop for an inspection sticker. Many consumers already desperate for transportation are unable to get their cars when promised, and some have made payments on cars they did not receive. Some discover after they take delivery that their cars should not have passed inspection. Many cars break down or develop serious mechanical issues soon after purchase, but the defendants refuse to fix the problems. The Attorney General?s complaint also alleges that the defendants? response to consumer complaints is rude and abusive and calculated to discourage consumers from seeking redress. These acts also constitute an unfair trade practice.

Maine law requires used car dealers to post a conspicuous notice that a car is an unsafe motor vehicle if it does not meet Maine?s inspection standards and is displayed for sale. The dealer must also disclose certain information about a used car?s history, including any known mechanical defect, even if it has been repaired, and to obtain written acknowledgement from the buyer. The buyer of an unsafe motor vehicle must tow it from the dealer?s lot.

For information about the Used Car Information Act, or to file a complaint, consumers may contact the Consumer Protection Division at www.maine.gov/ag/consumer or by calling 1-800-436-2131.

The Maine State Police and the Maine Bureau of Motor Vehicles assisted with the Attorney General?s investigation. The case is being handled by Assistant Attorneys General Carolyn Silsby and Linda Conti.

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Supporting documents

State v. Geiser Complaint

State v. Geiser exhibits

Report of the Attorney General on the Use of Deadly Force by State Police Trooper on October 9, 2013, in Old Town

February 10, 2014

State Police Trooper on October 9, 2013, in Old Town

Synopsis During the evening of Wednesday, October 9, 2013, Christopher Ouellette, 28, was shot and killed at his home in Old Town by State Police Trooper Barry Meserve. It is the responsibility of the Office of the Attorney General to determine whether the officer was acting in self-defense or in defense of someone else at the time he used deadly force. Facts

Shortly before 6 p.m. on October 9, 2013, a dispatcher at the Penobscot County Regional Communications Center (RCC) received a 911 call from a man who refused to identify himself, but was later determined to be Christopher Ouellette. He told the dispatcher that he was calling from 255 Main Street in Old Town, and that he had stabbed his girlfriend in the chest. The girlfriend was later determined to be April Haskell, 35, who lived with her children and Mr. Ouellette at 255 Main Street in Old Town. Children could be heard screaming in the background as Mr. Ouellette, who was frantic, told the dispatcher that he did not know if Ms. Haskell was breathing. The dispatcher asked if he could perform CPR, and Mr. Ouellette responded ?no.? Mr. Ouellette said that he was going to kill himself. The dispatcher repeatedly asked for Mr. Ouellette's name; Mr. Ouellette responded that it did not matter. At times during the call, Mr. Ouellette was non-communicative with the dispatcher.

The RCC dispatcher informed Old Town Police Sergeant Michael Hashey and Old Town Police Detective Jamie Slauenwhite of the call. The two officers arrived at 255 Main Street within minutes and Sergeant Hashey told the dispatcher that he could hear a child screaming on the third floor of the building. When Sergeant Hashey got to the apartment door, he could hear Mr. Ouellette inside on the telephone with dispatch. Mr. Ouellette partially opened the door and Sergeant Hashey could see that he had a butcher knife in his right hand that was covered in blood. He also observed blood on Mr. Ouellette. Sergeant Hashey could hear screaming children inside the apartment. Sgt. Hashey conversed with Mr. Ouellette, who agreed to release an infant child, a 19-month-old girl, but said that he would not release a second child, a four-year-old boy. Mr. Ouellette released the girl and shut the apartment door. Sergeant Hashey communicated with Mr. Ouellette through the closed door and eventually was able to convince Mr. Ouellette to release the boy. Mr. Ouellette repeatedly told Sergeant Hashey that he wanted the police to shoot him and that he did not want to go back to jail. Sergeant Hashey attempted unsuccessfully to ascertain Ms. Haskell?s condition. He also tried repeatedly to persuade Mr. Ouellette to surrender.

Minutes after Sergeant Hashey made the initial contact with Mr. Ouellette at the apartment door, Orono Police Officer Sarah Exley and Penobscot County Deputy Sheriff Ryan Fitch arrived outside the apartment building and took positions behind the building in a municipal parking lot. From there, they could see Mr. Ouellette in a third floor window. Mr. Ouellette was sitting and looking out the window and he appeared to be agitated. Deputy Fitch could see a large kitchen knife in Mr. Ouellette?s hand that was covered in blood. Deputy Fitch conveyed his observations to other officers. Deputy Fitch yelled to Mr. Ouellette and asked him to go to the door. Mr. Ouellette responded that he was not going to open the door because he did not want to be tased. Deputy Fitch told Mr. Ouellette that the officers needed to make sure that Ms. Haskell was all right. Mr. Ouellette said that he did not want anyone to help Ms. Haskell. Mr. Ouellette said that Ms. Haskell was going to die anyway. Deputy Fitch repeatedly asked Mr. Ouellette to allow officers to render aid to Ms. Haskell. Mr. Ouellette said that he wanted the police to kill him. Deputy Fitch told Mr. Ouellette that the police did not want to hurt him, they only wanted to help Ms. Haskell. Deputy Fitch asked Mr. Ouellette if Ms. Haskell was still breathing. Mr. Ouellette said at different times that he was not sure or that he did not know.

Throughout this time, Mr. Ouellette remained in telephone contact with the RCC dispatcher. There were times when Mr. Ouellette would terminate the call and the dispatcher would call him back. At one point, Mr. Ouellette requested to speak with his counselor. The RCC dispatcher contacted the counselor by telephone and patched the call through to Mr. Ouellette. Mr. Ouellette told the counselor that he had stabbed Ms. Haskell. Mr. Ouellette said that he was concerned about being tased. Mr. Ouellette told the counselor that he could not go to jail because he knew what happened to men in jail who killed pregnant women. He told the counselor that he wanted the police to kill him. While Mr. Ouellette was speaking with his counselor, an officer on scene learned that Ms. Haskell was 26 weeks pregnant; this information was communicated to the other officers attempting to persuade Mr. Ouellette to allow them to check on Ms. Haskell?s condition.

Sergeant Hashey, who was still in the stairway outside the apartment door, told Detective Slauenwhite that should Mr. Ouellette open the door again that he would tase him. Mr. Ouellette may have somehow learned of the officer?s intention to deploy the Taser because he was heard a few minutes later saying ?you are not going to tase me.? It was also determined that Mr. Ouellette was moving heavy objects inside the apartment in an apparent attempt to barricade the door. The officers remained concerned that Ms. Haskell was severely injured and in need of immediate medical assistance. However, Mr. Ouellette continued to deny the officers access to the apartment and to give conflicting statements as to Ms. Haskell?s condition. In the meantime, other officers, including State Police Trooper Barry Meserve, took positions outside in the parking lot behind the apartment building. Also on scene by this time were Old Town Police Chief Donald O?Halloran and Old Town Police Captain Kyle Smart. The officers discussed deploying tear gas but determined that it was not feasible for the particular circumstances.

Trooper Meserve?s location in the parking lot was later determined to be about 75 feet from the window where Mr. Ouellette was seen. Trooper Meserve was armed with a rifle. He could see Mr. Ouellette in the window and could hear Deputy Fitch communicating with Mr. Ouellette. He heard Deputy Fitch tell Mr. Ouellette that the police needed to get inside and check on Ms. Haskell. He heard Mr. Ouellette say something to the effect of ?why would I let you come in and save her?? He also heard Mr. Ouellette say, ?I?m not going back to jail? and ?shoot me, just shoot me.? Trooper Meserve concluded from the information available to him that there was a possibility that Ms. Haskell was still alive and in need of immediate medical aid.

When Mr. Ouellette next appeared in the window, Detective Slauenwhite attempted to fire his rifle at him, but the weapon malfunctioned. Almost simultaneously, Trooper Meserve fired one round from his rifle. The officers saw Mr. Ouellette fall inside the apartment. The officers who were outside the apartment door heard the gunshot and they heard Mr. Ouellette fall to the floor. However, they were still unable to get into the apartment because Mr. Ouellette had moved kitchen appliances against the door. Sergeant Hashey used a ladder that had been previously staged to enter the apartment through the third story window. He found Mr. Ouellette on the floor with a gunshot wound to the head. He found Ms. Haskell deceased in a back bedroom.

Detectives from the Office of the Attorney General went to the scene in Old Town to conduct an investigation. They were assisted by several members of the State Police, including evidence technicians and detectives. A later postmortem examination and autopsy performed by the Office of the Chief Medical Examiner in Augusta determined that Ms. Haskell died from numerous large, deep stab wounds to her right shoulder area and a stab wound near the heart. She also had a laceration to her throat. It was also determined that Ms. Haskell was pregnant with a male child, who did not survive. The Chief Medical Examiner?s Office determined that Mr. Ouellette died as a result of a single gunshot wound to the head. A contusion on his neck was determined to be a suicidal hesitation mark. The scene investigation and postmortem examinations were consistent with the accounts given by the officers at the scene and other witnesses.

Analysis and Conclusion

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation in this matter was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution of Trooper Meserve. The review did not include an analysis of potential civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or someone else, and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether the use of force is reasonable is based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General Janet T. Mills has concluded that at the time Trooper Meserve shot Mr. Ouellette, he reasonably believed that unlawful deadly force had been used against Ms. Haskell and that it was reasonable for him to believe that it was necessary to use deadly force to try to save Ms. Haskell?s life.

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Report of Attorney General Janet T. Mills on the Use of Deadly Force by Border Patrol Agent on October 14, 2013

February 19, 2014

Synopsis

In the late evening of October 14, 2013, U.S. Border Patrol Agent Christopher Talbert shot at a vehicle being operated by 16-year old Zachary Wittke of Eganville, Ontario. Neither Mr. Wittke nor a 14-year-old female passenger from Pembroke, Ontario, nor any other person was injured. Nevertheless, whenever a law enforcement officer in Maine uses deadly force in the performance of the officer?s duties, regardless of the outcome, it is the responsibility of the Office of the Attorney General to determine whether the officer was acting in accordance with the law. Facts

During the evening of October 14, 2013, Supervisory Agent William Hardt of the U.S. Border Patrol, assigned to the Rangeley Station, was working in uniform and operating a marked Border Patrol vehicle. At 7:20 p.m., Supervisor Hardt received a report from the Port of Entry in Coburn Gore, Maine, that two English-speaking persons approached a business owner in Woburn, Quebec, and asked for directions to the international border. The business owner reported his observations to Canadian officials at the border crossing, who began searching for the individuals but did not locate them. About a half-hour later at the Rangeley Border Patrol Station, Supervisor Hardt relayed this information to U.S. Border Patrol Agent Christopher Talbert. Agent Talbert was also in uniform and operating a marked Border Patrol vehicle equipped with emergency lights and siren. After the conversation with Agent Talbert, Supervisor Hardt began driving toward Coburn Gore in search of the individuals.

At 8:15 p.m., Supervisor Hardt received a report of a ?port runner? (term for someone who fails to stop for inspection at the border) at the Coburn Gore Port of Entry. He learned that the vehicle involved was a red truck, later determined to be a stolen red 2002 Dodge Dakota pickup truck (the ?Dakota?) bearing Quebec registration plates and owned by a Woburn resident. Supervisor Hardt was on Route 27 just a couple miles south of the intersection of Routes 16 and 27 near Stratton when he heard the report. He alerted the other on-duty agents, including Agent Talbert, of his location. Agent Talbert radioed that he was about five minutes behind Supervisor Hardt.

While heading north on Route 27, Supervisor Hardt encountered the Dakota travelling south, a couple miles south of the Coburn Gore border crossing. He turned around and activated his blue lights and siren in an attempt to stop the truck, but the truck sped off. Supervisor Hardt followed and maintained visual contact of the Dakota as it continued southbound on Route 27. As he did so, the truck occasionally slowed down, but then sped up again. When Supervisor Hardt got closer to the Dakota, the driver aggressively hit the truck?s brakes several times in an apparent attempt to cause a collision. The Dakota continued on at high speeds and at one point during the pursuit Supervisor Hardt noted his own speed to be 89 m.p.h. During the pursuit, Supervisor Hardt passed by Agent Talbert, whose vehicle was pulled over on the side of the road on Route 27. Agent Talbert joined the pursuit behind Supervisor Hardt?s vehicle. During the chase, Agent Talbert noted that the Dakota ?brake checked? Supervisor Hardt, at times coming to a complete stop and then continuing on. Agent Talbert was aware that the Dakota contained two occupants, but he did not know anything else about them. At least twice during the pursuit, Supervisor Hardt attempted to engage a pursuit termination technique on the Dakota. Each time, however, the Dakota sped away from him and he was unable to engage the technique.

As the pursuit approached Stratton, Agent Talbert, a trainer for the Border Patrol who instructed other agents on pursuit termination techniques, suggested that he take over the pursuit and attempt a termination procedure. Supervisor Hardt recognized that in addition to Agent Talbert?s expertise in termination techniques, the cruiser that Talbert was driving was faster; Supervisor Hardt pulled over in order to afford Agent Talbert the opportunity to pass him and become the lead pursuit vehicle. However, Agent Talbert, whose emergency lights and siren were activated, ultimately decided against using a termination technique because of the high speed of the pursuit.

The Dakota came to a complete stop in the opposite lane of travel just south of Pine Street on Route 27 in Stratton. Agent Talbert believed that the driver of the Dakota had finally decided to stop. Agent Talbert stopped his cruiser at a point later determined to be 32 feet behind the Dakota. He unbuckled his seatbelt, opened the driver?s side door, and started to get out of the cruiser with the purpose of arresting the occupants. While doing so, he observed the Dakota?s backup lights come on and heard it accelerating as it abruptly backed toward him at a high rate of speed. Agent Talbert quickly reentered his cruiser at the same time that it was struck by the Dakota. He fired six rounds from his handgun through his own windshield at the Dakota. Later investigation determined that four rounds struck and shattered the rear window of the Dakota, passed through the cab, and struck the inside of its windshield. One round struck the Dakota?s tailgate, and one round struck the driver?s side rear view mirror. None of the rounds struck the Dakota?s occupants.

Supervisor Hardt drove his cruiser ahead of Agent Talbert?s and swerved to the right toward the Dakota, which was beginning to move forward after ramming Agent Talbert?s cruiser the one time. As it fled, the Dakota struck the right front section of Supervisor Hardt?s vehicle, which later investigation determined to be the cause of a broken steering mechanism on Supervisor Hardt?s cruiser. It was also determined that the same collision caused damage to the Dakota?s left steering mechanism. Nevertheless, the Dakota sped off and continued south on Route 27. A third Border Patrol officer, Agent Nate Gooding, passed by both Supervisor Hardt and Agent Talbert and took over pursuit of the Dakota. Agent Talbert attempted to follow but the damage to his cruiser precluded his driving at a high speed. The cruiser became inoperative a short distance later in Kingfield. Likewise, Supervisor Hardt could only operate his cruiser about three miles before it was inoperable.

Agent Gooding continued to pursue the Dakota but reduced his speed when he learned that officers from the Franklin County Sheriff?s Office and the State Police were preparing to use spike mats to disable the Dakota. However, the Dakota left the roadway without being seen and before reaching the location where the spike mats were to be deployed. The Dakota, drove across a field and into the woods on a snowmobile trail, and came to a stop after it struck a tree head-on and became wedged amongst other trees several hundred feet off Route 27. The truck was located a short time later by a Franklin County deputy sheriff. It was still running and its lights were still on, but it was unoccupied. State Police troopers began a K9 track of the area. Officers soon learned that the occupants of the Dakota were a teenage boy and girl from Ontario. Troopers on the K9 track soon located several items of clothing, including two hooded sweatshirts, in a nearby mill parking lot but did not find the occupants of the now abandoned Dakota.

At 11:10 p.m., State Police Lt. Aaron Hayden was on his way to Kingfield. At the intersection of Route 27 and Route 146 in New Portland, Lt. Hayden encountered a red 1996 Dodge Ram pickup truck (the ?Ram?), which failed to stop at a posted stop sign, made a wide turn onto Route 27, and crossed the center line of the roadway. Suspecting an impaired driver, Lt. Hayden followed the Ram as it traveled north on Route 27. When it began to slow and pull to the right of the roadway, Lt. Hayden activated his vehicle?s emergency lights and used his spotlight to illuminate the driver. The Ram accelerated and fled north on Route 27 with Lt. Hayden in pursuit at speeds of 65-70 m.p.h. Other officers deployed spike mats in Kingfield in two different locations. The Ram passed over the mats at both locations, resulting in its tires being punctured, but it continued north on Route 27 until immobilized by another trooper using a vehicle termination technique. The Ram came to a stop after striking guardrails alongside Route 27 in Kingfield. The male driver and a female passenger fled over the guardrails to the banks of the Carrabassett River where they were quickly apprehended.

It was determined that the driver and passenger in the Ram were the same individuals who had fled from the police earlier in the Dakota, and that they had stolen the Ram from a residence in Kingfield after abandoning the Dakota. The driver was identified as 16-year-old Zachary Wittke of Eganville, Ontario. His companion, a 14-year-old girl from Pembroke, Ontario, was injured in the fall to the river bank and hospitalized. After treatment, she was returned to Canada. Mr. Wittke was detained and charged the next day in Farmington with eluding an officer (Class C crime), passing a roadblock (Class C), aggravated criminal mischief (Class C), and unauthorized use of a motor vehicle (Class D). On October 16, 2013, Mr. Wittke was adjudicated as having committed the crimes, as well as aggravated assault (Class B). He was returned to Canada where he faces further criminal charges.

Analysis and Conclusion

The Attorney General is charged by law with investigating any use of deadly force by a law enforcement officer while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation is to determine whether self-defense or the defense of others, as defined by law, is reasonably generated by the facts so as to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any administrative action is warranted, or whether the use of deadly force could have been averted.

Maine law defines deadly force as physical force that a person uses with the intent of causing, or that a person knows to create a substantial risk of causing, death or serious bodily injury. Further, in the specific context of a firearm, Maine law defines deadly force to include the intentional or reckless discharge of a firearm in the direction of another person or at a moving vehicle.

In addition to the legal justification for the use of deadly force in self-defense or the defense of others, a law enforcement officer is justified in limited circumstances in using deadly force to make an arrest or to prevent an escape. Specifically, an officer is justified in using deadly force under circumstances when the officer reasonably believes that the person has committed a crime involving the use or threatened use of deadly force, is using a dangerous weapon in attempting to escape, or otherwise indicates that the person is likely to seriously endanger human life or to inflict serious bodily injury unless apprehended without delay.

Whether the use of force is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General Janet T. Mills has concluded that at the time shots were fired by Agent Talbert at the vehicle being operated by Mr. Wittke in Stratton, it was reasonable for Agent Talbert to believe that deadly force was imminently threatened against him and, in fact, being used against him, and it was reasonable for him to believe that it was necessary for him to use deadly force to protect himself from Mr. Wittke?s actions.

The Attorney General?s conclusions are based on an extensive scene investigation, interviews with numerous individuals, and review of all evidence made available from any source.

AG Mills Announces Settlement to Benefit Mainers who Purchased Products with ?DRAM? Memory Chips

March 11, 2014

AUGUSTA, MAINE ? Attorney General Janet T. Mills announced today that consumers can now file claims to recover money due to them as part of a national settlement worth $310 million. The settlement is with all the major manufacturers of Dynamic Random Access Memory computer chips (?DRAM?) for conspiring to fix their prices. Eligible consumers include those who paid more for DRAM or for the many electronic devices that contain DRAM.

?I encourage Mainers to take just a few moments to fill out the claim form,? said Attorney General Mills. ?In order to ensure that these manufacturers are held accountable for their actions, we need people to speak up. The activities were so widespread and these products were so common, if you bought one of the identified devices, you were likely a victim of the alleged price-fixing. The form is simple and only takes a moment to fill out.?

After completing an investigation in 2006, Maine with other states, filed antitrust lawsuits in federal court alleging that Maine?s consumers over-paid for electronic devices containing DRAM for their purchases made from 1998 to 2002. DRAM is a common form of memory chip found in computers and other high technology devices.

The settlements, reached in conjunction with class actions, pay individuals and businesses that purchased DRAM or devices containing DRAM in the United States during 1998 to 2002 from someone other than a DRAM manufacturer, such as retailers like Best Buy or Staples. The settlements also require the DRAM manufacturers to implement antitrust compliance programs and enjoin them from certain conduct related to the sale of DRAM that would violate the antitrust laws.

To receive money from the settlement, eligible consumers need to submit a claim form by August 1, 2014 with the settlements? administrator. The amount of money received depends on the type and quantity of electronic devices a claimant has purchased, and the total number of claims made. Individuals who purchased DRAM or products containing DRAM are expected to get a minimum $10 payment and may end up receiving up to the amount of the overpayment they actually made due to the alleged price fixing.

To file a claim, visit www.DRAMclaims.com or call 1-800-589-1425.

Any consumer who purchased one or more of the following between 1998 and 2002 is eligible to make a claim:

? Desktop computers ? Laptop computers ? Computer servers ? Computer graphics cards ? Printers ? Video game consoles ? MP3 players ? PDAs ? DVD players ? Digital video recorders.

If you purchased other technology devices also containing DRAM memory, you also may be eligible to make a claim.

Any payments resulting from the settlement cannot be made until the court has granted final approval to the settlements, including the resolution of any appeals. It is anticipated that final approval will occur within the next two years. Also, if too many or few claims are received, the court may order that the settlement funds be provided to public or non-profit organizations in addition to or instead of consumers who file claims.

For more information about the settlements, visit www.DRAMclaims.com or call 1-800-589-1425.

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State announces elver fisherman prosecuted for tax evasion

March 31, 2014

AUGUSTA, Me ? As the lucrative 2014 elver fishing season is set to begin, Marine Resources Commissioner Patrick Keliher and Attorney General Janet Mills announced that an elver fisherman from Ellsworth has been charged with underreporting his 2012 landings which earned him over $700,000 that season. As a result of a plea agreement, Danny Deraps of Ellsworth will serve jail time, pay restitution and lose his elver harvesting license for the 2014 season.

Deraps, 43, of Ellsworth, was found guilty on Friday of three counts of Intentional Income Tax Evasion and one count of Theft by Deception of funds from the Maine Tax and Rent Refund program. Deraps also admitted to intentionally underreporting his elver harvest for the 2012 season in violation of State of Maine Marine Resources rules.

The plea agreement calls for Deraps to serve a jail sentence of 364 days, all but 90 days suspended, followed by two years of supervision. Deraps is prohibited from elver fishing or assisting in elver fishing during the current season. On Friday Deraps paid $25,338.51 towards his state income tax debt. Before sentence is imposed the State and Deraps will finalize details of the remaining tax liability which will be paid in full in the coming months.

The State investigated Deraps? 2012 elver harvest reports and found that Deraps earned over $700,000 from elver fishing in 2012 and nearly $70,000 from lobster fishing the rest of the year. Deraps reported less than half of those earnings on his 2012 Maine income tax return. Deraps also underreported his lobster fishing income for 2010 and 2011. Deraps is cooperating with Maine Revenue Services with respect to his 2013 income taxes, including his earnings from the 2013 elver fishing season.

?This case underscores the importance of harvester reports,? said Marine Resources Commissioner Patrick Keliher. ?Our ability to manage and sustain Maine?s marine resources relies heavily on accurate reporting of harvester landings data. We take this very seriously and will continue to be vigilant in our efforts to ensure compliance.?

Attorney General Mills commented, ?My Office will continue to work with other state agencies to pursue those who would cheat the government and those who steal public resources, no matter who or where they are or what they do for work. In these difficult times, all Mainers must pay their fair share.?

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Report of the Attorney General on the Use of Deadly Force by State Police Trooper on December 12, 2013, in Hollis

April 1, 2014

Synopsis On December 12, 2013, John A. Knudsen, age 61, was shot and killed outside his home in Hollis by State Police Trooper Tyler Stevenson. The Office of the Attorney General has investigated the incident to determine whether the officer was acting in self-defense or in defense of someone else at the time he used deadly force. Facts

On the morning of Thursday, December 12, 2013, the Regional Communications Center in Gray answered a 911 call from a Hollis woman reporting that her husband, John A. Knudsen, was pointing a handgun at his head and threatening to kill himself. The woman reported that Mr. Knudsen had been drinking heavily since early morning and that he was despondent over a recent leg injury that had left him physically impaired. A few minutes into the conversation with the dispatcher, the wife reported that Mr. Knudsen had gone out to an attached porch, discharged a round from the handgun, and come back inside the residence. The dispatcher overheard Mr. Knudsen say he ?had to see if it worked, and it does.?[1]

The dispatcher repeatedly instructed Ms. Knudsen to leave the residence. Ms. Knudsen continued to converse with the dispatcher as state troopers made their way from various locations to the Knudsen residence on the Little Falls Road in Hollis.[2] Nine minutes into the 911 call, the dispatcher heard Mr. Knudsen telling his wife, ?the next person who comes in this driveway, I?m going to shoot one, do you understand?!? When his wife said she did not understand, Mr. Knudsen stated, ?the next bullet goes through my head,? adding ?I?m not going to kill you . . . because I don?t have a reason.? He repeated the threat that he would shoot anyone who entered the driveway.

The dispatcher finally convinced Ms. Knudsen to leave the residence. However, she left the cordless telephone handset in the residence with the line open. About five minutes later, the dispatcher heard tones associated with someone pushing buttons on the phone. The dispatcher was able to engage in an extended conversation with Mr. Knudsen, with the dispatcher trying to persuade Mr. Knudsen to relinquish the handgun and turn himself over to police officers outside the residence. By noon, it became apparent that Mr. Knudsen was unwilling to comply with the repeated requests to disarm and go outside. The State Police Tactical Team was dispatched, as well as members of the State Police Crisis Negotiation Team. By coincidence, several members of the negotiation team were attending training nearby in Sanford; this group included Lt. Jackie Theriault, who became the primary negotiator.

While the dispatcher continued to converse with Mr. Knudsen over the phone, members of the Tactical Team, including Trooper Tyler Stevenson, arrived outside the residence. Trooper Stevenson, armed with a rifle, took up a position near another trooper, which was later determined to be 266 feet from the Knudsen residence. Other team members established a perimeter around the residence so as to contain Mr. Knudsen in the immediate vicinity in case he left his house.

In the meantime, Lt. Theriault spoke with Mr. Knudsen by telephone while she was still in Sanford. The conversation continued while Lt. Theriault was enroute to Hollis and after her arrival outside the Knudsen residence. Shortly after 2 p.m., Mr. Knudsen, who had become quite agitated, spoke of throwing his gun or ?guns? out a window. He also spoke of his intention to discharge a round from his weapon to demonstrate that he was actually armed. Lt. Theriault repeatedly instructed him not to fire the weapon as she tried to persuade Mr. Knudsen to disarm and come out of the residence. Mr. Knudsen was in telephone contact with the dispatcher and Lt. Theriault for a total of approximately three hours during the incident.

Mr. Knudsen went out onto the enclosed porch where Trooper Stevenson saw him in an open exterior doorway armed with a revolver. Mr. Knudsen held a phone to his ear and pointed the revolver downward as Lt. Theriault continued to talk with him on the portable phone.

Trooper Stevenson then saw Mr. Knudsen take a step into the threshold of the door and raise the gun, pointing it directly at the area where Trooper Stevenson and Trooper David Coflesky were located. In response to these actions, Trooper Stevenson fired a round at Mr. Knudsen and Mr. Knudsen discharged his weapon in the direction of the two troopers. Trooper Stevenson fired a second round and saw Mr. Knudsen fall onto his back. The second round struck Mr. Knudsen.[3] Emergency medical personnel were immediately on scene to administer treatment, but Mr. Knudsen died from the gunshot wound.

Detectives from the Office of the Attorney General went to the scene in Hollis to conduct a thorough investigation, assisted by evidence technicians and detectives from the State Police. The Chief Medical Examiner performed an autopsy and determined that Mr. Knudsen died as a result of a single gunshot wound to the chest. Mr. Knudsen?s blood-alcohol content at the time of his death was 0.32%. The results of an extensive forensic investigation of the scene and the post mortem examination were consistent with the accounts given independently by various officers and witnesses.

Analysis and Conclusion

The Attorney General is charged by law with investigating any incident in which a law enforcement officer uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation of the incident in Hollis was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution of Trooper Stevenson. The review did not include an analysis of potential civil liability, of whether any administrative action is warranted, or of whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else, and; second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether the use of force is reasonable is based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Attorney General Janet T. Mills has concluded that at the time Trooper Stevenson shot Mr. Knudsen, Trooper Stevenson reasonably believed that unlawful deadly force was imminently threatened against him and against Trooper Coflesky and other troopers or persons within range of the weapon discharged by Mr. Knudsen. It was reasonable for Trooper Stevenson to believe it necessary to use deadly force to protect himself and the other officers from deadly force. Trooper Stevenson acted in the defense of himself and others who were within range of and in the line of fire of Mr. Knudsen?s gun.

[1] The handgun was later determined to be a five-shot .357 magnum revolver that was fully loaded with .38 caliber ammunition.

[2] The Little Falls Road in Hollis is also known as State Route 35, which intersects with U.S. Route 202. Route 202 is a major throughway a short distance from the Knudsen residence. Two other residences, a veterinary clinic, and a public library are all in the immediate area. On December 12, 2013, there was a substantial snow pack and the temperature hovered in the mid to lower teens.

[3] The three gunshots were discharged over a span of 2.6 seconds.

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New Law Will Improve Foreclosure Process in Maine

April 10, 2014

AUGUSTA, ME) Maine Attorney General Janet T. Mills applauds the enactment of Maine?s new law to improve the foreclosure process in Maine.

Two years after the National Mortgage Settlement and five years after enactment of Maine?s Foreclosure Diversion Program, Attorney General Mills spearheaded a study of the State?s efforts to handle residential foreclosures. The Attorney General drafted the legislation after she conducted a six-month long examination of the home foreclosure process, holding two public forums and meeting with dozens of bankers, mediators, housing counselors, judicial personnel, attorneys and other stakeholders.

Following this work, Attorney General Mills submitted a report to the Judiciary Committee. The resulting bill, L.D. 1389, sponsored by Rep. Jarrod Crockett, was amended in part and received unanimous approval from the Judiciary Committee this spring. The Governor signed the bill into law earlier this week.

?The data we collected shows that the housing crisis is still rippling through Maine. Maine courts saw 4,756 foreclosure filings in 2013, up from 4,339 the year before. Our state has still not recovered from the recession. Maine families and communities continue to suffer,? said Attorney General Mills. ?Many people in Maine are still struggling to make ends meet. My work in this area reinforces that we need a legal framework that works efficiently but is responsive to the individual needs and interests of homeowners.?

Mills? report concluded that the foreclosure mediation process, enacted in law in 2009 and adopted by court rule that same year, is successful and should be improved.

The legislation will: ? Strengthen the role of mediation by incorporating the National Mortgage Settlement standards. ? Establish an expedited procedure to deal with abandoned properties. ? Shorten the challenge period from the current 15 years to 5 years for property subject to municipal tax liens recorded after October 13, 2014. ? Authorize the Bureau of Consumer Credit Protection to regulate property preservation entities operating on behalf of lenders. ? Strengthen standards and training for foreclosure mediators. ? Protect funding for housing counselors, a critical part of the foreclosure process, by closing a loophole that allowed foreclosing banks to avoid paying the full real estate transfer tax when the transfer was done with an affiliated entity.

During the First Regular Session of the 126th Legislature the Judiciary Committee reviewed several pieces of legislation regarding the foreclosure process in Maine. Attorney General Mills offered to review the foreclosure process and report back her findings in January 2014. The Attorney General?s Report on the Foreclosure Process in Maine made 18 recommendations, some of which required legislative action. Other measures involved non-legislative action, including promoting foreclosure mediation prior to court action.

Other actions recommended in the Report included seeking increased funding for housing counselors and continued monitoring of the terms of the National Mortgage Settlement by the Attorney General?s Office and an expansion of the Foreclosure Mediation Program by the Judiciary.

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Report of Attorney General on the Use of Deadly Force by State Police Trooper in Searsmont on September 20, 2013

April 11, 2014

On September 20, 2013, Leonard E. Maker, 42, was shot and wounded by State Police Trooper James R. MacDonald during an armed confrontation inside Mr. Maker?s residence in Searsmont.

Facts

During the afternoon of Friday, September 20, 2013, State Police Trooper James R. MacDonald was assigned to serve a Maryland protection-from-abuse order on Leonard E. Maker, who was reported to be residing either in Northport or Searsmont. Trooper MacDonald was told by a Waldo County deputy sheriff who had previously dealt with him that Mr. Maker?s wife and child had left Maine and moved to Maryland, and that Mr. Maker had recently lost his job. Given these circumstances and based on his observations at the time of Mr. Maker?s previous arrest, the deputy told Trooper MacDonald that he felt that Mr. Maker was potentially suicidal or assaultive. Trooper MacDonald also learned that Mr. Maker had multiple warrants for his arrest. [1] While another trooper, Desiree Wuthenow, collected the appropriate documents associated with the protection-from-abuse order and arrest warrants, Trooper MacDonald checked at a residence in Northport where he found no one home. He learned from a neighbor ? who turned out to be Mr. Maker?s mother ? that Mr. Maker was staying at his father?s residence on the New England Road in Searsmont. [2]

Trooper MacDonald met with Trooper Wuthenow to brief her on the information he had gathered and to discuss a plan on how they would approach Mr. Maker. Trooper Wuthenow had already driven by the New England Road residence in Searsmont to become familiar with its location and to determine if there were any vehicles in the driveway.

When the two troopers arrived at the Searsmont residence, Trooper Wuthenow approached the front door and Trooper MacDonald walked to the rear of the residence. Both troopers were dressed in uniform and drove to the residence in marked cruisers. [3] Trooper Wuthenow made contact with Mr. Maker at the front door through a small opening in the door where a pane of glass had been previously removed. The glass portion of the door was covered with a curtain and Mr. Maker moved the curtain aside to speak with Trooper Wuthenow. From the rear of the building, Trooper MacDonald heard the conversation between Trooper Wuthenow and Mr. Maker and went to the front of the residence. Trooper Wuthenow attempted without success to get Mr. Maker to come outside. Trooper MacDonald also attempted to talk Mr. Maker into coming outside. Trooper MacDonald explained to Mr. Maker that he had multiple warrants for his arrest and that he needed to come outside.

After refusing to come out of the residence and still talking to the troopers at the door, Mr. Maker told Trooper MacDonald that he needed to get a drink of water before he came out. Trooper MacDonald told Mr. Maker that he did not want him to leave his sight and that if he did not come outside, the troopers would come in. Mr. Maker left the door, closing the curtain in the process. Trooper MacDonald attempted to open the door by kicking it, but encountered difficulty. [4] Upon forcing the door open, Trooper MacDonald was immediately confronted in a kitchen area by Mr. Maker pointing a shotgun at him. [5] Trooper MacDonald described Mr. Maker as being so close that he could have touched the shotgun. Trooper MacDonald retreated from the kitchen and fired multiple rounds from his .45 caliber handgun in the direction of Mr. Maker. [6] Trooper Wuthenow, believing that Mr. Maker might escape from the rear of the residence, started to run around to the back of the residence but ran back to the front when she heard Trooper MacDonald giving commands to Mr. Maker to get down on the floor.

When Trooper MacDonald heard what he believed to be Mr. Maker?s shotgun hitting the floor, he went back into the house and saw Mr. Maker getting to his feet. Trooper MacDonald ordered Mr. Maker to the floor and Mr. Maker pointed to his own chest and told Trooper MacDonald to shoot him, then pointed to another firearm leaning against a wall. While Trooper Wuthenow secured the shotgun, Trooper MacDonald struggled with Mr. Maker in an attempt to move him away from the second firearm in the room. At one point in the effort, Trooper MacDonald used pepper spray in an attempt to control Mr. Maker?s resistance. Trooper MacDonald eventually succeeded in pushing Mr. Maker out of the house where he was able to restrain him on the front lawn. It was discovered at this point that Mr. Maker had been shot in the hand. [7] Medical aid was provided by a game warden who had arrived at the residence, and then Mr. Maker was taken by ambulance to a nearby hospital.

Mr. Maker was later indicted by the Waldo County Grand Jury on felony level charges of criminal threatening with a dangerous weapon and reckless conduct with a firearm, as well as a misdemeanor level charge of refusing to submit to arrest.

Detectives from the Office of the Attorney General went to Searsmont to investigate the incident. They were assisted by State Police detectives and evidence technicians.

Analysis and Conclusion The Attorney General is charged by law with investigating the circumstances under which any law enforcement officer uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation in this matter was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution of Trooper MacDonald. The review did not include an analysis of potential civil liability, whether any administrative action was warranted, or whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that unlawful deadly force is imminently threatened against the person or someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether the use of force is reasonable is based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Attorney General Janet T. Mills has concluded that at the time Trooper MacDonald fired his weapon at Mr. Maker, Trooper MacDonald reasonably believed that unlawful deadly force was imminently threatened against him and Trooper Wuthenow, and that it was reasonable for Trooper MacDonald to believe it necessary to use deadly force to protect himself and Trooper Wuthenow from that imminent threat of deadly force by Mr. Maker. The Attorney General?s conclusions are based on an extensive scene investigation, on interviews with numerous individuals, including Mr. Maker whose statements to investigators were consistent with the accounts of the troopers, and on a review of all evidence made available from any source.

[1] The five arrest warrants were for failure to appear in court to answer to allegations of violating conditions of release, operating after suspension, and negotiating a worthless instrument.

[2] It was later learned that Mr. Maker?s mother called him to let him know the State Police were looking for him.

[3] Mr. Maker, having been alerted by his mother that the State Police were looking for him, later acknowledged having seen the State Police cruiser drive by his residence, and the two officers he knew to be State Police troopers arrive at his residence.

[4] It was later determined that the door was screwed to the door frame.

[5] The investigation determined that the 12 gauge shotgun was loaded with a single slug round.

[6] The investigation determined that Trooper MacDonald fired four rounds.

[7] The same round that struck Mr. Maker in the hand also struck and shattered the wooden stock on the shotgun. The other three rounds fired by Trooper MacDonald did not strike Mr. Maker.

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AG Mills Warns of Phone Scam Claiming to be Collecting Fines

April 15, 2014

(AUGUSTA) Maine Attorney General Janet T. Mills is warning Mainers to be aware of a phone scam that claims to be from the Bureau of Motor Vehicles. The caller demands a fee be paid immediately over the phone or else a warrant for arrest will be issued or their driver?s license will be suspended.

?No court or government agency will call you to demand an immediate cash payment to avoid arrest or the loss of your license,? said Attorney General Janet T. Mills. ?If you receive one of these calls ? hang up. If you have questions call the Bureau of Motor Vehicles. Never give personal or financial information out over the phone on calls you did not initiate. If someone calls you and asks you to make payment by money order or pre-paid debit card, that is very big red flag that you are about to be scammed.?

Over the past couple weeks, some Mainers have been receiving calls purporting to be from the Bureau of Motor Vehicles advising they owe money on fines and if they do not pay immediately an arrest warrant will be issued or their license suspended. The scam artists employ technology that spoofs their real phone number by stating the call is from the Bureau of Motor Vehicles.

This is very similar to a phone scam that the Maine Judicial System warned citizens about in January.

If you have questions about these or other consumer matters, please contact the Consumer Protection Division of the Attorney General?s Office at 1(800) 436-2131 or consumer.mediation@maine.gov.
To contact the Maine Bureau of Motor Vehicles with any questions, please call 624-9000.

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Aroostook County Man Guilty of Workers? Comp Fraud

April 18, 2014

AUGUSTA ? An Aroostook County trial jury today convicted Stephen Tucker, Sr., age 63, of Monticello, of theft of more than $10,000 in workers? compensation benefits.

Tucker received over $45,000 in benefits from the Maine Employers Mutual Insurance Company (MEMIC) from July 2009 through February 2012 by claiming that he could not work due to an injury to his hand sustained in 2006 while working at Brewer's Service Station in Mars Hill. In fact, in January, 2009, Tucker opened his own small engine repair business, Littleton Service, in Littleton, Maine. The Evidence showed that Tucker was performing many physical tasks in connection with his business that were inconsistent with his testimony before the Workers? Compensation Board.

Attorney General Mills commented, ?My Office will continue to work with other state agencies to pursue those who would cheat and steal, no matter who or where they are or what they do for work. In these difficult times, all Mainers must pay their fair share.?

Class B theft is punishable by up to 10 years in jail and a fine of $20,000. The case has been continued for sentencing at a future date. Assistant Attorney General Leanne Robbin prosecuted the case against Mr. Tucker for the Attorney General?s Office.

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Attorney General Mills Seeks Volunteer Mediators

April 23, 2014

AUGUSTA ? Are you interested in helping Maine consumers recoup lost money? The Attorney General?s Office is recruiting volunteer Consumer Complaint Mediators for the Consumer Mediation Service. Training will begin on May 27th. The Consumer Protection Division of the Attorney General?s Office offers, free of charge, this complaint resolution program for the use of Maine consumers, staffed by trained volunteers.

Volunteers will mediate consumer complaints over the phone or by mail in the Attorney General?s Augusta Office on a variety of matters including express and implied warranty issues, housing, motor vehicles, and more. Volunteers will be thoroughly trained in consumer law and mediation techniques. They will volunteer approximately 6 hours per week on a schedule convenient to them.

To learn more about the program and download the application please go to our website - http://www.maine.gov/ag/about/volunteer_mediators.shtml

Please direct all inquiries to Complaint Examiner Martha Currier at (207) 626-8847 or Martha.currier@maine.gov.

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In Efforts Against Domestic Abuse, New Report Urges Mainers to Build Bridges Towards Safety and Accountability

April 24, 2014

(AUGUSTA) ?Maybe there was something I could have done.? This is the all-too-familiar comment heard in the wake of Maine?s twelve domestic violence homicides in 2013 and it has led Maine?s top experts on domestic abuse to encourage more Mainers to look for the signs of abuse and to connect victims and their families with assistance when they see it.

The 10th biennial report of the Domestic Abuse Homicide Review Panel was released today at a State House press conference. This year?s report, entitled ?Building Bridges Towards Safety and Accountability? makes observations and recommendations for law enforcement, prosecutors, the Judiciary, health providers, state agencies, and the general public.

One of the patterns observed by the Panel in the report is the connection between suicidal behaviors and the potential for homicide. Of the 21 cases the Panel reviewed, 14 of the perpetrators, or 66%, exhibited suicidal behavior prior to committing or attempting to commit homicide and seven of those killed themselves after committing or attempting homicide. These suicidal behaviors included giving large sums of money away, saying goodbyes, making amends, purchasing a handgun, threatening suicide and or/ previous threats or attempts to commit suicide.

?Threats of violence and threats of suicide must be taken seriously,? said Attorney General Janet T. Mills. ?Telling your boyfriend or girlfriend, ?I can?t live without you,? can quickly cross from innocuous to devastating. In the context of an abusive relationship, these utterances are veiled threats of violence, with a strong undercurrent of manipulation and control. Recognizing the signs of abuse is key to preventing homicide.?

Chaired by Assistant Attorney General Lisa Marchese, an experienced homicide prosecutor with the Office of the Attorney General, the panel is comprised of physicians, nurses, judges, child-protection advocates, witness and victim advocates, behavioral health service providers, law enforcement officers and others. The panel reviews cases of domestic abuse homicides for the purpose of recommending policy changes so that future tragedies may be avoided.

?This report reflects hours upon hours of work by a tireless, devoted group of Panel members who share the common goal of recommending system changes to improve and save lives of domestic abuse victims and hold abusers accountable,? said Assistant Attorney General Marchese. ?I want to also acknowledge the work of the Maine State Police and the many other law enforcement agencies in the state for their investigative work in Maine?s domestic abuse homicides. The Panel has gained valuable insight to the link of suicide and domestic abuse homicide from reviewing their investigations.?

In making their recommendations for the 10th Report, the Panel reviewed 21 homicide cases that occurred between April 2009 and September 2013. Of the 21 cases, 17 were intimate partner homicides and four were intrafamilial homicides. Of the 21 cases, there were 21 perpetrators and 27 victims. Seventeen of the 27 victims were female and 20 of the 21 perpetrators were male.

This report is longer and more substantive than any prior report. For the first time, Panel members formed groups by their respective disciplines to draft observations and recommendations to effectuate change within their specialized field. The result is a more comprehensive report reflecting the wisdom and collaboration of the experts on the Panel.

The Panel made a total of nearly 60 recommendations ranging from raising public awareness about the connection between threats of suicide and homicide, to including faith communities as allies in providing support for victims of abuse and accountability for offenders.

Some of the Panel?s recommendations include: ? Whenever practicable, law enforcement agencies and domestic abuse resource centers create programs that enhance law enforcement and advocacy collaboration.
? That law enforcement officers routinely offer victims and offenders of domestic abuse referral services and retrieval of belongings information similar to what is found on the Bangor Police Department?s ?Blue Card.? ? That the State maintain a repository of concealed handgun permits for law enforcement access only, to include information about the status of a permit (including whether it has been suspended or revoked). ? That healthcare providers screen all their patients, including patients in same-sex relationships, privately, regularly, and especially frequently during pregnancy; for both physical abuse and coercive controlling behavior. ? Increased communication among behavioral health providers, law enforcement, victims and family members regarding assessment and case planning when a domestic abuse offender presents with behavioral health issues. ? Recommending consistent and ongoing school-based education regarding domestic abuse and dating violence at all educational levels.

With the release of the 10th Report, the Panel will continue to review more cases and work to implement the recommendations it has made.

"Families want their loved ones' lives and deaths to matter, to contribute knowledge so that what has happened to them does not happen to anybody else. The panel?s work moves that wish toward a reality,? said Julia Colpitts, Executive Director of the Maine Coalition to End Domestic Violence and a member of the Panel. "The Panel?s work honors victims? lives and their deaths profoundly by learning from them with the intent of saving future lives. Our work doesn?t change the tragedy, but it offers one element of meaning."

Click here to read the report: http://www.maine.gov/ag/dynld/documents/10th%20Biennnial%20Report%20-FINAL%204-23-14.pdf

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***Scam Alert***AG Mills Warns of Phone Scam Claiming to be from Maine Office of Tourism

May 21, 2014

(AUGUSTA) Maine Attorney General Janet T. Mills is warning Maine businesses to be aware of a phone scam that claims to be from the Maine Office of Tourism. The callers claim to be selling advertising in a publication of the Maine Office of Tourism and then demand an upfront, cash payment be paid over the phone immediately. These calls are not from the Maine Office of Tourism or any of their sub-contractors and do not appear to be legitimate.

?Beware cold calls that pressure you to make an immediate payment,? said Attorney General Janet T. Mills. ?A legitimate business will give you the time to think about your purchase and won?t require cash or a pre-paid debit card transaction based on a phone conversation. If you receive one of these calls ? hang up. If you have questions, call the Maine Office of Tourism in Augusta. Never give personal or financial information out over the phone on calls you did not initiate. If someone calls you and asks you to make payment by money order or pre-paid debit card, that is very big red flag that you are about to be scammed.?

The Maine Office of Tourism can be reached at: (207) 624-7483

If you have questions about these or other consumer matters, please contact the Consumer Protection Division of the Attorney General?s Office at 1(800) 436-2131 or consumer.mediation@maine.gov.

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Attorney General Mills Announces 2013 Drug Death Statistics ? Heroin Continues to Claim More Lives

June 2, 2014

(AUGUSTA) Attorney General Janet Mills and the Office of the Chief Medical Examiner disclosed today that 176 drug induced deaths occurred in Maine in 2013, an increase of 13 deaths over 2012. 105 of these deaths were attributable to pharmaceutical opioids and 34 were attributable to heroin. The number of drug induced deaths has been consistently high over the last 13 years and exceeds the number of deaths due to crashes on Maine?s highways.

These statistics include all deaths in which one or more drugs are mentioned on the death certificate as a cause of death or as a significant contributing factor. Most of these deaths reportedly are accidental overdoses.

?Maine medical and law enforcement communities have have made a concerted effort to reduce access to opioids in Maine,? said Attorney General Mills. ?However, the statistics show there is still a major addiction problem in our state. Law enforcement, prosecutors, the medical community and educators must work in concert to prevent people from becoming addicted in the first place.?

The Attorney General remarked on the astonishing increase in deaths due to heroin use. Heroin use is on the rise partly because of regulations restricting prescriptions for oxycodone and regulations requiring tamper-resistant packaging of prescription opioids. In 2012, 28 people in Maine died as a result of heroin overdose, compared to just seven in 2011. That number continued to climb to 34 deaths in 2013.

?My Office just obtained convictions in a triple homicide case in which three young Mainers were killed in a drug deal gone bad,? said Attorney General Mills. ?Criminals are targeting our state to sell drugs, bringing a shocking level of violence with them. My Office is committed to prosecuting these cases, but we also need to focus on reducing the demand for these dangerous drugs.?

The problem of drug addiction and drug trafficking is a public health crisis requiring treatment and support, preventative services and a greater focus on education and creative criminal justice approaches such as Drug Court and Co-Occurring Disorder Courts.

Mills noted that The Maine Drug Taskforce closed approximately 830 drug cases in 2013. In 2013 the proportion of cases involving prescription drugs fell from 50.8% of the total in 2012 to 43.8% of the total, while the proportion of cases involving heroin (a potential substitute for prescription painkillers) rose sharply from 7.7% of the total in 2012 to 20.4% of the total in 2013. In 2013, cocaine cases (both powder and crack combined) represented approximately 18% of the total.

In Maine the Attorney General Office?s Maine Drug Taskforce prosecutes most major drug crimes and works closely with the Maine Drug Enforcement Agency and the United States Attorney?s Office to combat the importation of heroin and other dangerous drugs from other jurisdictions.

The drug death data is collected and analyzed each year by Dr. Marcella Sorg, Margaret Chase Smith Center, University of Maine.

[Attachment: PDF: Sorg Drug Death Data 2013]

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Supporting documents

Sorg drug Death Data Graphs 2013

Gray man to spend 18 months in prison for a series of state tax crimes

June 10, 2014

AUGUSTA ? Attorney General Janet T. Mills announced today that Nathanial Dupuis, 41, of Gray, Maine, was sentenced in Kennebec County Superior Court to 4 years with all but 18 months suspended to the Department of Corrections for a series of state tax crimes. The Court also imposed 2 years of probation and ordered Dupuis to pay $86,476 in restitution.

Dupuis pled guilty on August 8, 2013, to multiple counts of Theft by Misapplication, Intentional Sales Tax Evasion, and Failure to Truthfully Collect, Account, and Pay Over Sales Tax. The charges arose from Dupuis? sales as a distributor and salesperson of Kirby vacuums from 2006 through 2008.

Dupuis owned and operated two companies which sold Kirby vacuums to other Kirby vacuum distributors, as well as to the general public. Over the course of almost 2.5 years Dupuis sold approximately $1 million dollars of Kirby vacuums which were subject to sales tax. Dupuis collected sales tax on the purchases and kept the sales tax money for himself for personal and business use. Dupuis also collected sales tax selling the Kirby vacuums beyond the statute of limitations, going back to 2004. Dupuis owes in excess of an additional $80,000 in sales tax for these years.

The State also investigated complaints on behalf of a number of Dupuis? customers, some of whom were senior citizens, for Dupuis? alleged failure to deliver new vacuums or refund the purchase price of the vacuums when refunds were properly requested. As a result of the State?s investigation, Dupuis made refunds to three of these customers.

Dupuis also admitted that while he was awaiting sentencing, he sold Kirby vacuums in violation of a provision under a deferred sentencing agreement and failed to comply with an interim restitution repayment plan.

This case represents the continued effort by Maine Revenue Services and the Office of the Maine Attorney General to halt and prevent tax and consumer fraud.

Attorney General Mills commented, ?My Office will continue to work with other state agencies to pursue those who would cheat the government and those who steal public resources, no matter who or where they are or what they do for work. Similarly, my Office will continue to be vigilant in pursuing businesses, both large and small, that defraud Maine consumers.?

This case was investigated by the Portland Police Department, Cape Elizabeth Police Department, and Maine Revenue Services? Criminal Investigations Unit. Attorney General Mills praised the work of Assistant Attorney General Gregg D. Bernstein, who handled this matter for the Criminal Division of the Maine Attorney General?s Office.

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Maine Reaches Joint State-Federal Settlement with SunTrust to Address Mortgage Loan Origination, Servicing, and Foreclosure Abuses

June 17, 2014

(AUGUSTA, ME) Attorney General Janet T. Mills today announced a $550 million joint state-federal settlement with mortgage lender and servicer SunTrust Mortgage Inc. to address mortgage origination, servicing, and foreclosure abuses. SunTrust is a regional company, operating largely in the southeastern states, though the company did have some Maine customers.

The three-year settlement provides direct payments to Maine borrowers for past foreclosure abuses, loan modifications and other relief for borrowers in need of assistance, tough new mortgage servicing standards, and grants oversight authority to an independent monitor.

The settlement includes Maine Attorney General Janet Mills and 48 other states, the District of Columbia, the U.S. Department of Justice (DOJ), the U.S. Department of Housing and Urban Development (HUD), and the Consumer Financial Protection Bureau (CFPB).

?This settlement is the latest effort by this office and the state Attorneys General to hold major mortgage servicers accountable for their unacceptable past practices, and to provide direct relief to Maine borrowers,? Attorney General Mills said. ?SunTrust must treat its borrowers much more fairly because of the settlement?s tough servicing standards.?

SunTrust Agreement Closely Mirrors National Mortgage Settlement The agreement?s mortgage servicing terms largely emulates the 2012 National Mortgage Settlement (NMS) reached in February 2012 between the federal government, 49 state attorneys general, including Maine, and the five largest national mortgage servicers. That agreement has provided consumers nationwide with more than $50 billion in direct relief, created tough new servicing standards, and implemented independent oversight of the mortgage industry?s largest players.

Loan Modifications The agreement requires SunTrust to provide certain Maine borrowers loan modifications or other relief. The modifications, which SunTrust chooses through an extensive list of options, include principal reductions and refinancing for underwater mortgages. SunTrust decides how many loans and which loans to modify, but must meet certain minimum targets. Because SunTrust receives only partial settlement credit for many types of loan modifications, the settlement will provide relief to borrowers that will exceed the overall minimum amount.

More information about the loan modification process will be released at a later date, though current borrowers with loans serviced by SunTrust can contact the company directly with questions.

Payments to Borrowers Approximately 185 eligible Maine borrowers whose loans were serviced by SunTrust and who lost their home to foreclosure from January 1, 2008 through December 31, 2013 and encountered servicing abuse will be eligible for a payment from the national $40 million fund for payments to borrowers. The borrower payment amount will depend on how many borrowers file claims.

Eligible borrowers will be contacted about how to qualify for payments.

New Mortgage Servicing Standards The settlement requires SunTrust to substantially change how it services mortgage loans, handles foreclosures, and ensures the accuracy of information provided in federal bankruptcy court.

The terms will prevent past foreclosure abuses, such as robo-signing, improper documentation and lost paperwork.

The settlement creates dozens of new consumer protections and standards, including: ? Making foreclosure a last resort by first requiring SunTrust to evaluate homeowners for other loss mitigation options; ? Restricting foreclosure while the homeowner is being considered for a loan modification; ? New procedures and timelines for reviewing loan modification applications; ? Giving homeowners the right to appeal denials; ? Requiring a single point of contact for borrowers seeking information about their loans and maintaining adequate staff to handle calls.

Independent Monitor The National Mortgage Settlement?s independent monitor, Joseph A. Smith Jr., will oversee SunTrust agreement compliance. Smith served as the North Carolina Commissioner of Banks from 2002 until 2012, and is also the former Chairman of the Conference of State Banks Supervisors (CSBS). Smith will oversee implementation of the servicing standards required by the agreement; impose penalties of up to $1 million per violation (or up to $5 million for certain repeat violations); and issue regular public reports that identify any quarter in which a servicer fell short of the standards imposed in the settlement.

Additional Terms The agreement resolves potential violations of civil law based on SunTrust?s deficient mortgage loan origination and servicing activities. The agreement does not prevent state or federal authorities from pursuing criminal enforcement actions related to this or other conduct by SunTrust, or from punishing wrongful securitization conduct that is the focus of the Residential Mortgage-Backed Securities Working Group. Additionally, the agreement does not prevent any action by individual borrowers who wish to bring their own lawsuits.

The agreement will be filed as a consent judgment in the U.S. District Court for the District of Columbia.

About SunTrust SunTrust, headquartered in Richmond, Virginia, is a wholly-owned subsidiary of SunTrust Banks Inc., a bank and financial services company headquartered in Atlanta, Georgia.

SunTrust customers may call 800-634-7928 or log on to www.SunTrustMortgage.com for more information.

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AG Mills Warns of Recent Spike in Fentanyl Related Heroin Overdoses

July 3, 2014

(Augusta, Me) Based on communications with law enforcement and substance abuse professionals about a spate of overdoses this week, Maine Attorney General Janet Mills is warning that a fatal mix of heroin, caffeine and fentanyl, and a new admixture called acetyl fentanyl, appear to be causing users to overdose more quickly than in cases of straight heroin. The dangers of these chemicals cannot be underestimated or overstated. Attorney General Mills and law enforcement officials are asking that friends, family members and professionals who come into contact with users be keenly aware of this problem, which has caused a number of deaths in other New England states in recent months, and refer people to the 24-hour statewide hotline at 888-568-1112 or to the State of Maine hotline at 2-1-1.

Fentanyl is 50 times stronger than heroin and can cause death very quickly, even in experienced users. Fentanyl analogs, such as acetyl fentanyl, are even more deadly. The mixture reportedly has caused 100 deaths around the country in recent months. Officials suspect that overdoses in Bangor, Lewiston and Saco this past week are linked to these new chemical combinations, and both fentanyl and fentanyl laced heroin have been seized recently around the state.

Signs of overdose include unconsciousness, loud snoring caused by respiratory distress and obvious signs of drug ingestion. Maine experienced 176 drug overdose deaths in 2013, according to the Maine Chief Medical Examiner, with an increasing number of those deaths attributable to heroin.

"People who are tempted to use drugs should understand that there is simply no safe batch, no safe dose, no safe amount of heroin that you should put into your body," Mills stated. "Heroin alone or heroin laced with either fentanyl or acetyl fentanyl, or these drugs alone without heroin, can all be fatal," Mills added. "Nobody should take a chance on any of these substances."

Maine Files Suit Against U.S. EPA Over Federal Government?s Failure To Act On Maine?s Water Quality Standards Under the Clean Water Act

July 8, 2014

(AUGUSTA) The State of Maine has filed a lawsuit against the United States Environmental Protection Agency (EPA) in federal District Court in Bangor over the EPA?s failure to approve Maine?s water quality standards under the Clean Water Act.

Under the federal Clean Water Act, the EPA has a duty to either approve Maine?s revisions to its water quality standards or identify changes required for the EPA?s approval. According to the State, the EPA has done neither. Instead, over the past ten years the EPA has approved Maine?s water quality standards for the State generally but has taken no action for some unspecified waters that the EPA claims are within Indian territories. For well over a year, the State has requested that the EPA identify the affected Maine waters and explain what standards the EPA believes apply to those waters. The federal agency has declined to answer the State?s questions.

Maine DEP Commissioner Patricia Aho and Attorney General Janet Mills contend that the EPA?s failure to act has created regulatory uncertainty for all Mainers, who now have no way of knowing what waters are or are not subject to Maine?s water quality standards. According to Aho, ?this is not a problem caused by the State, Maine?s Indian tribes, or anyone else in Maine; it is a failure on the part of the EPA to fulfill its legal duties under the Clean Water Act, pure and simple.?

Mills added: ?The EPA appears to be suggesting that the same river might be subject to different environmental standards, which makes no sense. Where those stretches are, and what the standards may be, are anyone?s guess. Maine?s water quality standards, in the tradition of Senator Edmund Muskie and Senator George Mitchell, are some of the best in the nation. And there is no question regarding Maine?s authority here. The federal First Circuit Court of Appeals in 2007 conclusively held that Maine?s environmental regulatory jurisdiction applies uniformly throughout Maine, including waters within Maine Indian territories.?

The State believes that Maine communities and its citizens are entitled to clear answers from the court, if not the EPA, regarding the statewide application of Maine?s water quality standards. Among other things, the State?s lawsuit seeks a court declaration that, despite the EPA?s failure to act on Maine?s revisions to its water quality standards, those revisions are now deemed approved and in effect throughout Maine.

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Supporting documents

Maine v EPA Clean Water Act Filed 7 7 2014

Maine Consumers Must File Claims by August 1, 2014 in the $310 Million DRAM Price Fixing Settlement

July 14, 2014

(AUGUSTA) Time is running out for Maine consumers to file a claim in the $310 million DRAM Settlement. The Settlement involves 12 Dynamic Random Access Memory (DRAM) manufacturers over claims of price fixing. Consumers and businesses can file a claim if their purchases were between 1998 and 2002.

DRAM is a high density, low cost per bit, memory component that stores digital information and provides high-speed retrieval of data. DRAM is sold separately or pre-installed in electronic devices such as computers (laptops, desktops, and servers), graphics cards, video game consoles, MP3 players, printers, PDAs, DVD players, and Digital Video Recorders.

?I encourage Mainers to take just a few moments to fill out the claim form,? said Attorney General Mills. ?In order to ensure that these manufacturers are held accountable for their actions, we need people to speak up. The activities were so widespread and these products were so common, if you bought one of the identified devices, you were likely a victim of the alleged price-fixing. The form is simple and only takes a moment to fill out.?

Purchasers of large amounts of DRAM or DRAM products could get $1,000s depending on the amount of product purchased. The minimum payment for smaller purchases of DRAM or DRAM products is expected to be $10. But the actual payment amount depends on the total number of claims filed and payments could be $25, $50 or more.

Claims can be flied online at www.DRAMclaims.com in five minutes or less. The deadline to file claims is August 1, 2014.

More information about the Settlement is available by:

? Visiting: www.DRAMclaims.com ? Calling: 1-800-589-1425 (toll-free) ? Emailing: Info@DRAMclaims.com

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Attorney General Mills encourages Mainers to call the Consumer Information and Mediation Service

July 15, 2014

AUGUSTA ? Attorney General Janet Mills is reminding Mainers about the Consumer Information and Mediation Service, operated by the Maine Attorney General?s Office. Mainers who have questions about consumer issues or are worried they may be the target of a scam can call the Consumer Mediation and Information Service for assistance, free of charge.

The Consumer Mediation and Information Service assists consumers and businesses by answering questions, providing information and mediating disputes with the help of 32 volunteer mediators. The issues addressed vary from used vehicles to Maine?s lemon law, landlord-tenant issues, scams, implied and express warranties, cellphone disputes and more. In 2013 staff of the Attorney General?s Office received 10,122 contacts from citizens, and volunteers mediated 877 cases returning $372,905.97 to consumers.

?Our staff and volunteer mediators help thousands of consumers each year by answering their questions about many important issues. I sincerely hope more consumers will realize these resources are available to them and reach out to my office for assistance,? said Attorney General Mills.

Consumers can call 1-800-436-2131 or 626-8849 Monday-Friday 9:00 a.m. ? noon and 1:00 p.m. ? 4:00 p.m., email consumer.mediation@maine.gov or write to: Attorney General?s Office, Consumer Protection Division, 6 State House Station, Augusta, ME 04333. The Consumer Protection Division has an easy to understand consumer law guide on its website ? www.maine.gov/ag/consumer.

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Saco domestic violence murders highlight need to taket hreats of suicide seriously

(AUGUSTA) As more is becoming known about the circumstances that led up to a husband shooting his wife and three children before killing himself, one reported detail is all too familiar to police, prosecutors and advocates for victims of domestic violence: threats of suicide preceded the murders.

Recent reports by the Domestic Abuse Homicide Review Panel noted a pattern connecting suicidal behaviors and the potential for homicide. Of the 21 cases the Panel reviewed for the most recent report, 14 of the perpetrators, or 66%, exhibited suicidal behavior prior to committing or attempting to commit homicide and seven of those killed themselves after committing or attempting homicide. These suicidal behaviors included giving large sums of money away, saying goodbyes, making amends, purchasing a handgun, threatening suicide and or/ previous threats or attempts to commit suicide.

The Department of Public Safety today reported that Heather Smith, the wife of Joel Smith, had told a family friend the night of the shooting that Joel Smith had threatened suicide earlier in the week by pointing a gun at his head. There is no indication that any assistance was sought after that incident, according the Department.

?The news from Saco over the last twenty-four hours is absolutely devastating,? said Attorney General Janet T. Mills. ?My heart breaks for the people and the communities involved. As we learn more details about the four victims, I am sure our grief will only grow. This horrific incident must serve as a reminder to all of us that threats of violence and threats of suicide must be taken seriously. Telling your boyfriend or girlfriend, ?I can?t live without you,? can quickly cross from the innocuous to the devastating. In the context of an abusive relationship, these utterances are veiled threats of violence, with a strong undercurrent of manipulation and control. Recognizing the signs of abuse ? and acting upon them ? is key to preventing future tragedies like this.?

If you or someone you know needs help or would like to talk to an advocate, call your local law enforcement agency or the Maine Coalition to End Domestic Violence: 1-866-834-4357. It is free, it is confidential and it is available 24/7.

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Saco domestic violence murders highlight need to taket hreats of suicide seriously

July 28, 2014

(AUGUSTA) As more is becoming known about the circumstances that led up to a husband shooting his wife and three children before killing himself, one reported detail is all too familiar to police, prosecutors and advocates for victims of domestic violence: threats of suicide preceded the murders.

Recent reports by the Domestic Abuse Homicide Review Panel noted a pattern connecting suicidal behaviors and the potential for homicide. Of the 21 cases the Panel reviewed for the most recent report, 14 of the perpetrators, or 66%, exhibited suicidal behavior prior to committing or attempting to commit homicide and seven of those killed themselves after committing or attempting homicide. These suicidal behaviors included giving large sums of money away, saying goodbyes, making amends, purchasing a handgun, threatening suicide and or/ previous threats or attempts to commit suicide.

The Department of Public Safety today reported that Heather Smith, the wife of Joel Smith, had told a family friend the night of the shooting that Joel Smith had threatened suicide earlier in the week by pointing a gun at his head. There is no indication that any assistance was sought after that incident, according the Department.

?The news from Saco over the last twenty-four hours is absolutely devastating,? said Attorney General Janet T. Mills. ?My heart breaks for the people and the communities involved. As we learn more details about the four victims, I am sure our grief will only grow. This horrific incident must serve as a reminder to all of us that threats of violence and threats of suicide must be taken seriously. Telling your boyfriend or girlfriend, ?I can?t live without you,? can quickly cross from the innocuous to the devastating. In the context of an abusive relationship, these utterances are veiled threats of violence, with a strong undercurrent of manipulation and control. Recognizing the signs of abuse ? and acting upon them ? is key to preventing future tragedies like this.?

If you or someone you know needs help or would like to talk to an advocate, call your local law enforcement agency or the Maine Coalition to End Domestic Violence: 1-866-834-4357. It is free, it is confidential and it is available 24/7.

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Report of Attorney General on the Use of Deadly Force by Rumford Police Sergeant in Rumford on March 18, 2014

July 29, 2014

On March 18, 2014, Jessica Byrn-Francisco, 25, was shot and wounded by Rumford Police Sergeant Tracey Higley during an armed confrontation outside Ms. Byrn-Francisco?s residence in Rumford.

Facts

In the late afternoon of March 18, 2014, Jessica Byrn-Francisco, 25, of Rumford called her counselor to report that her ride to a next day counseling appointment had been cancelled. Upset and frustrated over the cancelation, Ms. Byrn-Francisco told her counselor that she had consumed all of her anti-anxiety and sleep medication in attempt to kill herself. The counselor kept Ms. Byrn-Francisco on the line and called the police. Officer Brad Gallant of the Rumford Police Department was dispatched to the call. Officer Gallant knocked on the door of Ms. Byrn-Francisco?s apartment but, despite being able to hear a woman talking inside the apartment, received no response. He discovered the apartment door was locked and his requests to the woman inside to open the door went unheeded. Officer Gallant was joined by Sgt. Tracey Higley. Both officers were familiar with Ms. Byrn-Francisco in that they had answered prior calls in response to her attempts at suicide.[1] Unable to persuade Ms. Byrn-Francisco to open the door to her apartment, Sgt. Higley unsuccessfully attempted to summon the landlord to open the door. Sgt. Higley was concerned that the effects of the prescription medication presumably ingested by Ms. Byrn-Francisco may have rendered her unconscious. Sgt. Higley forced the door open and he and Officer Gallant entered the apartment. They observed approximately 30 empty prescription medication capsules. It appeared that the contents of the capsules had been emptied into a glass of water and that very little water was left in the glass. Ms. Byrn-Francisco was not in the apartment, but the officers noticed an open window at the rear of the apartment. In the meantime, the counselor called the police again and reported that she was still talking with Ms. Byrn-Francisco, who told the counselor that she had left the apartment through the open window. The counselor also told the police that Ms. Byrn-Francisco told her that she was feeling very weak and tired and was experiencing difficulty breathing, information that led the counselor and the police to believe that Ms. Byrn-Francisco had indeed ingested the prescription drugs.[2] Sgt. Higley checked the area of the nearby Rumford Memorial Bridge, while also requesting assistance from a Mexico police officer in searching for Ms. Byrn-Francisco. The town?s ambulance service was also in the area looking for Ms. Byrn-Francisco. Officer Gallant found footprints leading away from the open window of the apartment into the backyard. The backyard of the apartment building is fenced-in and the rear portion of the yard slopes steeply downward. The yard had approximately two feet of accumulated snow in it. Officer Gallant located Ms. Byrn-Francisco sitting on the ground under a deck attached to the residence. She was still talking on the telephone with her counselor. Officer Gallant attempted to talk with Ms. Byrn-Francisco, but she ignored him and told him to leave her alone. Intending to take Ms. Byrn-Francisco into protective custody, Officer Gallant grasped Ms. Byrn-Francisco?s arm and attempted to pull her up from her seated position. He was unable to do so. Officer Gallant attempted again by clutching the hooded sweatshirt Ms. Byrn-Francisco was wearing and pulling her up. Once on her feet, Ms. Byrn-Francisco displayed a folding knife that was in the closed position. When Ms. Byrn-Francisco stepped out from under the deck, the knife was open with the blade exposed. Officer Gallant retreated, dropping his handcuffs in the deep snow. He ordered Ms. Byrn-Francisco to drop the knife, but she ignored the order. Officer Gallant attempted to tase Ms. Byrn-Francisco but the tactic was ineffective when one of the projectiles failed to make contact. Having heard Officer Gallant announce that he had located Ms. Byrn-Francisco, Sgt. Higley started walking toward the backyard. As he was walking, he heard the arcing of Officer Gallant?s Taser. As Sgt. Higley entered the backyard, he observed Ms. Byrn-Francisco with the knife in her right hand. As he approached her, he shouted for her to drop the knife. At this point, Ms. Byrn-Francisco?s attention was drawn away from Officer Gallant and toward Sgt. Higley. Officer Gallant used the opportunity to retreat onto a nearby deck, which now placed a railing between Ms. Byrn-Francisco and him. Ms. Byrn-Francisco ignored several requests from Sgt. Higley to drop the knife. He also employed his Taser, but the attempt was likewise unsuccessful. Officer Gallant then unsuccessfully attempted to ?drive stun?[3] Ms. Byrn-Francisco from behind with his Taser. Ms. Byrn-Francisco approached Sgt. Higley with the knife still in her hand. Sgt. Higley drew his pistol and attempted to walk backwards in the deep snow, losing his footing several times in the process. Sgt. Higley issued commands for Ms. Byrn-Francisco to drop the knife as she continued to advance toward him.[4] She responded with expletives, and said ?go ahead and shoot me.? Sgt. Higley, still walking backwards, began to lose his footing and stood at the edge of an embankment that dropped about six feet. Ms. Byrn-Francisco ignored the multiple commands to drop the knife and continued to advance on Sgt. Higley. Sgt. Higley reminded Ms. Byrn-Francisco of their previous encounters by saying he could help her again and that he did not want to have to shoot her. Ms. Byrn-Francisco stated ?do it,? and continued to advance on Sgt. Higley with the knife in her hand. Sgt. Higley fired two shots from his service weapon, a .40 caliber handgun. Both shots struck Ms. Byrn-Francisco, who fell to the ground with the knife still in her hand. Officers continued to give commands for her to relinquish the knife. They eventually approached her and disarmed her. Later investigation determined that Ms. Byrn-Francisco had advanced to less than 15 feet from Sgt. Higley when she was shot. Emergency medical personnel were already on scene. They treated Ms. Byrn-Francisco and transported her to the Rumford Medical Center from which she was transferred to Central Maine Medical Center in Lewiston. Eight days later, she signed herself out of the hospital. She was later charged by the State Police with the Class C crime of criminal threatening with a dangerous weapon, a case that remains pending in the Oxford County Superior Court. Detectives from the Office of the Attorney General went to Rumford to investigate the incident. They were assisted by State Police detectives and evidence technicians.

Analysis and Conclusion

The Attorney General is charged by law with investigating any incident in which a law enforcement officer uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General?s investigation of the incident in Rumford was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution of Sergeant Higley. The review did not include an analysis of potential civil liability, of whether any administrative action is warranted, or of whether the use of deadly force could have been averted. Under Maine law, for any person, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else, and; second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether the use of force is reasonable is based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Attorney General Janet T. Mills has concluded that at the time Sergeant Higley shot Ms. Byrn-Francisco, he reasonably believed that unlawful deadly force was imminently threatened against him. It was reasonable for Sergeant Higley to believe it necessary to use deadly force to protect himself from deadly force. Sergeant Higley acted reasonably in the defense of himself. The Attorney General?s conclusions are based on an extensive scene investigation, on interviews with numerous individuals, including Ms. Byrn-Francisco, and on a review of all evidence made available from any source.

FOOT NOTES 1 In particular, Sgt. Higley and Officer Gallant were the officers who responded to a prior incident in which Ms. Byrn-Francisco was talked out of jumping off the Rumford Memorial Bridge. In addition, Sgt. Higley was aware of a prior incident when a Rumford police officer responded to a suicidal call, forced open the door, and found Ms. Byrn-Francisco unconscious in her bathroom; later investigation determined that she had attempted suicide by ingesting prescription medication. Moreover, of 30 Rumford police contacts with Ms. Byrn-Francisco since 2007, 13 were related to suicide attempts either with edged weapons or drug overdoses. In each of these incidents, Rumford police officers responded and rendered aid.

2 Sgt. Higley asked emergency medical personnel arriving at the apartment to determine the nature of the medication purportedly ingested by Ms. Byrn-Francisco. The medics entered the apartment and observed approximately 30 capsules that had been broken open onto a coffee table, as well as a glass of water on the table. It appeared to them that the contents of the capsules had been mixed into the glass of water and substantially consumed. One of the medics called a physician and learned that at least one of the drugs identified by a prescription bottle label was an antidepressant with a high probability of death if consumed in large dosages.

3 Some Taser models have a "drive stun" capability where the Taser is held against the target without firing the projectiles, and is intended to cause pain without incapacitating the target. This is done by activating the Taser and placing it against an individual?s body. This can be done without a cartridge in place or after a cartridge has been deployed.

4 Later investigation disclosed that Sgt. Higley issued 11 separate commands for Ms. Byrn-Francisco to relinquish the knife.

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Bangor Used Car Dealer Banned from Doing Business

July 31, 2014

AUGUSTA ? The Attorney General has taken action to ensure that Glenn Geiser and his affiliated businesses will be banned from doing business for seven years. ?In addition,? Attorney General Mills stated, ?the companies Mr. Geiser relied on to exploit consumers will not do business with him in the future. This should stand as a warning to any business that thinks it can cut corners and abuse Maine consumers.?

Under the terms of the proposed consent judgment, Geiser and his used car dealerships, My Maine Ride and Bumper2Bumper, Inc., will be out of business until 2021. Additionally, some consumers will be eligible for partial restitution for repair costs and may be eligible for forgiveness of loan balances on repossessed cars.

The Attorney General has reached agreements with seven finance companies that provided financing to consumers who purchased vehicles from Geiser. The Federal Trade Commission?s ?Holder Rule? subjects the finance companies that hold the consumers? loans to the same claims that consumers have against Geiser for selling them unsafe and defective vehicles. Maine?s version of the Holder Rule is in the Maine Consumer Credit Code.

Geiser will not be able to apply for the business licenses that are required to operate a car dealership, repair shop, or inspection station or work for one if it is owned or operated by a member of his household for the next seven years. Geiser and his companies will also pay some restitution for consumers whose vehicles failed inspection within 30 days of purchase or became inoperable or unsafe within 90 days of purchase because of a mechanical defect that was not disclosed.

The finance companies that provided financing for Geiser?s customers - Persian Acceptance Corporation, Westlake Services, LLC, Mid-Atlantic Finance Company, Source One Financial Corporation, Consumer Portfolio Services, Inc., United Auto Credit Corporation and Credit Acceptance Corporation - have cooperated with the Office of the Attorney General in resolving this case. ?We appreciate the willingness of these companies to provide relief to consumers who are stuck with loan payments for cars that were essentially worthless,? said Attorney General Mills.

The finance companies have agreed to stop collection actions for consumers whose vehicles were repossessed ? essentially erasing the debt ? and to remove all negative information relating to these loans from consumers? credit reports. In addition, all have agreed that they will not provide financing for any future business owned or operated by Geiser.

This proposed consent judgment in this civil matter relates to Glenn A. Geiser, Jr. and his two companies, Bumper2Bumper, Inc. and My Maine Ride. There is separate civil litigation continuing against Bangor Car Care, Inc., which is owned by Geiser?s mother.

The agreements with the finance companies are available on-line at http://www.maine.gov/tools/whatsnew/attach.php?id=624468&an=3. Consumers who purchased a vehicle from a Geiser dealership and have a loan with any of the seven finance companies can call 1-800-436-2131 or email consumer.mediation@maine.gov to obtain more information on how the settlements may affect them.

The case was handled by Assistant Attorneys General Carolyn Silsby and Linda Conti.

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Supporting documents

Marchese to lead Attorney General?s Criminal Division

August 6, 2014

(AUGUSTA) Attorney General Janet T. Mills has sworn in Lisa Marchese as a Deputy Attorney General and Chief of the Criminal Division of the Attorney General?s Office. Marchese, with 28 years of experience as a prosecutor, will coordinate the State?s prosecution of many of the highest profile crimes in Maine.

?Attorney Marchese has proven herself in the courtroom to be a tenacious attorney, always seeking justice on behalf of victims,? said Attorney General Mills. ?Lisa has also worked hard outside the courtroom to prevent tragedies stemming from acts of domestic violence. She is a leader in our office and in the legal community and I am proud to name her as Chief of the Criminal Division.?

Marchese was appointed to lead the Criminal Division following the confirmation of Bill Stokes as a Superior Court Justice by the Maine State Senate. Marchese has worked in the Criminal Division of the Attorney General?s Office since 1986 covering numerous assignments. She first advised and instructed at the Maine Criminal Justice Academy, then prosecuted fraud cases, she coordinated the drug taskforce attorneys before she transitioned to prosecuting homicide cases in 1997. Recently, she was the lead prosecutor on the team that obtained the convictions against Randall Daluz and Nicolas Sexton for the drug-related murders of three individuals in Bangor.

Marchese has led the Domestic Abuse Homicide Review Panel since 2001. The Review Panel is the only entity that conducts an in depth analysis of domestic abuse homicides in order to better understand the dynamics that led up to the incident with the intention of identifying ways to prevent future tragedies. Marchese has been recognized as a top authority in Maine for the prevention of domestic violence. In 2010 Marchese was awarded the Caroline Duby Glassman award by the Maine Bar Association for her relentless pursuit of justice for victims and their families and for her efforts to serve as a role model for younger and less experienced attorneys.

Marchese will be the first woman to lead the Criminal Division. The Division has exclusive jurisdiction over homicides in Maine and is responsible for homicide and other criminal appeals, prosecuting financial crimes, pursuing frauds against the State and prosecuting most major drug crimes. The Criminal Division also advises the Bureaus within the Department of Public Safety.

Marchese is a native of Bangor, graduating from Bangor High School, the University of Maine and Franklin Pierce Law Center in Concord, New Hampshire. She is married to Jon Eames and has two sons.

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Supporting documents

Report of the Attorney General on the Use of Deadly Force by Cumberland County Sheriff on April 12, 2014 in Windham

August 21, 2014

August 21, 2014

Synopsis

On April 12, 2014, Stephen F. McKenney, age 66, was shot and killed outside his home in Windham by Nicholas Mangino, a Cumberland County deputy sheriff. The Office of the Attorney General has investigated the incident to determine whether the officer was acting in self-defense or in defense of someone else at the time he used deadly force.

Facts

At 6:14 a.m. on the morning of April 12, 2014, Vicki McKenney called 911 from her home in Windham, and asked ?for some help down here for my husband, he?s kind of threatening suicide.? As the 911 operator spoke with Ms. McKenney, a dispatcher immediately radioed Windham police officers James Cook and Seth Fournier, who were in separate cruisers, to respond to the McKenney residence. The 911 operator continued to speak with Ms. McKenney who provided additional information. While on the phone with Ms. McKenney, the 911 operator could hear Mr. McKenney demanding that his wife hang up the phone. Despite the demands, Ms. McKenney stayed on the line and told the operator that her husband had sustained a lower back injury some seven months earlier and that chronic pain had ?really affected him mentally.? She pleaded with the operator to ?please get somebody here, please.?

While Officers Cook and Fournier were on their way to the McKenney residence, the 911 operator learned from Ms. McKenney that her husband, though not armed at the moment, had access to ?a house full of? firearms in the residence. When asked if her husband had indicated the manner in which he might harm himself, Ms. McKenney responded, ?Gun, shoot.? As Ms. McKenney?s tone became more desperate, the 911 operator could tell that Mr. McKenney was nearby and she could hear him in the background being verbally aggressive toward Ms. McKenney. At one point, Mr. McKenney attempted to grab the telephone from Ms. McKenney.

About six minutes after Officers Cook and Fournier were dispatched, Deputy Sheriff Nicholas Mangino, who happened to be parked in Windham in the general area of the McKenney residence, also responded to the call. All three officers arrived at the McKenney residence at about the same time, some eight minutes after the initial 911 call. All were dressed in standard patrol style uniforms and each was operating a marked cruiser. The officers met with Ms. McKenney outside an attached garage and directed her to a safer location before they entered the residence to speak with Mr. McKenney. Officers Cook and Fournier entered the residence through the garage and Deputy Mangino entered through another door. Once inside, the officers identified themselves several times as ?police department.? They encountered Mr. McKenney almost immediately when he appeared from a hallway at the rear of the house. Within seconds of making contact with Mr. McKenney, Officer Fournier questioned what Mr. McKenney was holding in his hand. Mr. McKenney replied, ?.357 magnum.? The officers told Mr. McKenney to put the gun down, but he refused. The three officers withdrew from the house. In the next few moments, several other officers arrived, including Windham police officer Ernest MacVane.

Ms. McKenney was escorted to Officer Fournier?s cruiser and driven to a safe location, a cul-de-sac about 284 feet from the residence. As Officer Fournier was about to drive away, he saw Mr. McKenney come out of the residence. He could see that Officer Cook was still near the residence and he informed Officer Cook of Mr. McKenney?s presence outside the residence. Officer Cook was unable to access his cruiser without approaching Mr. McKenney, who was visibly armed, so he retreated to a position along the side of the residence. The officers could see that Mr. McKenney was carrying what was later identified as a Smith & Wesson .357 magnum revolver. Mr. McKenney cocked the revolver, raised it, and then slowly lowered it in a motion as if he were seeking a target. Mr. McKenney appeared to be focused on Deputy Mangino, who had gone to retrieve a rifle from his cruiser parked on the street at the driveway entrance, about 100 feet from Mr. McKenney. From that location, Deputy Mangino issued several commands to Mr. McKenney to drop the gun. The commands went unheeded.

In the meantime, Officer Cook moved to the rear of the McKenney residence to confer with supervisors, and Officer Fournier watched both Mr. McKenney and Deputy Mangino from his location at the cul-de-sac with Ms. McKenney in his cruiser. Mr. McKenney continued to pace around, at times separated by distances later determined to be less than 100 feet from Deputy Mangino. Deputy Mangino?s cruiser was positioned with the driver?s side facing the McKenney residence. Unable to safely retreat any farther, Deputy Mangino sought additional cover by moving to the other side of his cruiser so that the engine block would provide some protection if Mr. McKenney was to fire his weapon at him. Inside Deputy Mangino?s police cruiser was a civilian passenger, who was participating in an authorized ?ride-along.? The passenger was unarmed, had no ballistic protection, and was in the front passenger seat ducking down, hoping to prevent Mr. McKenney from seeing him.

Within minutes of brandishing his weapon in the direction of Deputy Mangino, Mr. McKenney advanced down the driveway toward the deputy, continuing to ignore commands from Deputy Mangino to drop the gun. Officer MacVane, who was positioned with a clear view of the scene, believed that Deputy Mangino was in danger of being shot by Mr. McKenney. Office MacVane readied his carbine rifle to fire at the advancing Mr. McKenney when Deputy Mangino fired two rounds from his carbine rifle. The distance between Deputy Mangino and Mr. McKenney at the time Deputy Mangino fired his weapon was later determined to be 69 feet. About ten minutes had passed since Deputy Mangino and Officers Cook and Fournier arrived at the McKenney residence.

When officers reached Mr. McKenney where he had fallen in the driveway he was still holding the revolver in his hand. The revolver was cocked and loaded. Emergency medical personnel, including Officer MacVane who was certified in emergency medicine, provided immediate treatment to Mr. McKenney, but Mr. McKenney was deceased.

Detectives from the Office of the Attorney General went to the scene in Windham to conduct an investigation, assisted by evidence technicians and detectives from the State Police. The state?s acting Chief Medical Examiner performed an autopsy and determined that Mr. McKenney died as a result of a single gunshot wound to the head that traversed from front to back and slightly upward. The results of an extensive forensic investigation of the scene and the post mortem examination were consistent with the accounts given independently by various officers and witnesses.

Analysis and Conclusion

The Attorney General is charged by law with investigating any incident in which a law enforcement officer uses deadly force while acting in the performance of the officer's duties. 5 M.R.S. ?200-A. The sole purpose of the Attorney General?s investigation of the incident in Windham was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution of Deputy Mangino for causing the death of Mr. McKenney. The review did not include an analysis of potential civil liability, of whether any administrative action is warranted, or of whether the use of deadly force could have been averted.

Under Maine law, for any person, including a law enforcement officer, to be permitted to use deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether the use of force is reasonable is based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Attorney General Janet T. Mills has concluded that at the time Deputy Mangino shot Mr. McKenney, Deputy Mangino reasonably believed that unlawful deadly force was imminently threatened against him and other persons within range of the weapon brandished by Mr. McKenney. It was reasonable for Deputy Mangino to believe it necessary to use deadly force to protect himself and others in the area from deadly force. Deputy Mangino acted in defense of himself and others who were within range of and in the line of fire of Mr. McKenney?s loaded gun. The Attorney General?s conclusions are based on an extensive scene investigation, on interviews with numerous individuals, and on a review of all evidence made available from any source, including video recordings from two Windham police cruisers and the 911 recording.

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Maine Attorney General speaks to Congressional panel about legal risks for states posed by free trade agreements

September 10, 2014

(AUGUSTA, ME) Maine Attorney General Janet T. Mills was on Capitol Hill Wednesday morning to deliver remarks at the invitation of a Congressional panel focused on the impacts of free trade agreements. In particular, Attorney General Mills shared her perspective as the chief law enforcement officer for the State of Maine regarding the potential impacts of the Trans-Pacific Partnership (TPP) on state laws and other regulations.

Attorney General Mills used tobacco regulations as an example of one area where state regulations could be targeted under terms of a trade agreement. ?Maine has a strong record of protecting the public health by using a broad strategy to keep products out of the hands of kids and to shield people from second-hand smoke. Despite the great strides Maine has made in cutting smoking rates, too many kids and adults in Maine are impacted by tobacco. We cannot allow our ability to protect the public health to be undermined by a trade agreement,? Mills said.

In January Attorney General Mills was one of more than 45 Attorneys General to sign a letter calling on the United States Trade Representative to exclude tobacco products from the coverage of the TPP and other treaties. If tobacco products are treated like any other product for sale, state policies regulating tobacco products would be subject to challenge by corporations or other countries, ignoring the devastating health effects tobacco has on Maine people.

One provision of the TPP that is common to many free trade agreements empowers private investors to directly challenge state or national laws, something referred to as ?investor-state disputes.? An investor-state dispute is not heard in the courts under established legal standards but decided by arbitrators under the terms of the treaty, and can result in the imposition of large money damages.

?Recent history makes me very suspicious of these arbitration provisions.? said Attorney General Mills. Cigarette manufacturers have used NAFTA sponsored arbitration to challenge provisions of the 1998 Tobacco Master Settlement Agreement that have cracked down on marketing-related laws and bans on tobacco flavoring in NAFTA sponsored arbitrations. ?These actions by tobacco companies have required extensive litigation and the expenditure of a great deal of state and federal time and resources. These challenges defy the intent and purpose of the Settlement and undermine our deep seated interest in protecting youth from dangerous tobacco products.?

Attorney General Mills was invited by members of the U.S. House of Representatives concerned about trade matters to discuss her perspective as a State Attorney General who, under the terms of trade treaties, could be called on to help defend state laws or regulations in a legal setting outside of the normal legal system of the United States in an investor-state dispute arbitration. Chapter 11 of the North American Free Trade Agreement (NAFTA) has become the model for subsequent trade agreements, which provides an arbitration procedure for investors that are based in other countries to challenge state laws and regulations that affect the investors? way of doing business, even to challenge state court judgments, in a way that is wholly unavailable to United States citizens and businesses based in the United States.

Attorney General Mills also informed the Congressional forum about work that has been conducted by the Maine Citizen Trade Policy Commission to look at the effect of trade agreements on agriculture.

?Contemplating the proposed Transatlantic Trade and Investment Partnership and the proposed Trans Pacific Partnership, now being negotiated in secret, folks in Maine have deep concerns about protecting food safety regulations; about public procurement programs that favor locally grown foods; about ?geographical indications? which protect products such as ?Maine lobster? based on their place of origin and reputation for quality; and about our state?s milk price supports which sustains our dairy farmers. All states should share these concerns, and not only for farmers,? Mills concluded.

The panel was convened by Rep. Rosa DeLauro and Rep. George Miller. Other panelists invited to speak at the forum were Professor Jeffrey Sachs, Director of the Earth Institute at Columbia University, and was the key-note speaker, Jared Bernstein, Senior Fellow with the Center on Budget and Policy Priorities and Thea Lea, Deputy Chief of Staff for the AFL-CIO.

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Acton man found guilty on all 19 counts of tax evasion

September 22, 2014

(AUGUSTA) Attorney General Janet T. Mills announced that, following an eight day trial, a York County Jury found Richard Weymouth, age 67, guilty of 19 counts of income, sales and use tax evasion from 2006 through 2012, as well as homestead exemption fraud. Weymouth resides in Acton, Maine, where he was elected to several terms of the budget committee and the road committee and where he operated a snow plow and excavation business, R.W. Construction Co. Weymouth also worked for the Town of Acton plowing roads. For tax purposes, however, he claimed to reside with his mother in Rochester, New Hampshire and used a post office box in Milton Mills, New Hampshire.

During certain years between 2006 through 2012, Weymouth evaded Maine and Federal income taxes by failing to report most of the income he earned from his business. In addition, he evaded state sales and use taxes on his purchases of several trucks and heavy equipment for his business, by falsely claiming in tax documents that he was a legal resident of New Hampshire and that his trucks and equipment were stored outside of Maine. Weymouth paid approximately $42,000 in back Maine taxes including tax, interest, and penalties just as he was going to trial. Additionally, he owes the Town of Acton for an undetermined amount in excise taxes and he must still resolve his federal income tax liability.

Mills commented, ?By misrepresenting what state he lived in, Mr. Weymouth sought to avoid the taxes that his neighbors pay and shifted the expenses to other Maine citizens. My office will vigorously prosecute those who seek to avoid paying their fair share by falsely claiming they live in another state.?

Assistant Attorney General Gregg Bernstein prosecuted the case, and Russell Veysey, a senior investigator with Maine Revenue Service?s Criminal Investigation Division, conducted the investigation.

The York County Jury reached its verdict on Friday, September 19, 2014. Sentencing on the 19 criminal charges will take place in approximately 45 days, as set by the York County Superior Court.

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Attorney General Mills urges Mainers to dispose of unused prescription drugs this Saturday

September 26, 2014

(AUGUSTA) Maine Attorney General Janet T. Mills urges all Mainers to participate in Saturday?s statewide prescription drug take-back drive during which anyone can safely dispose of unwanted, unused prescriptions or over the counter medications, no questions asked. Local law enforcement agencies will be conducting drug take back events on Saturday, September 27th, at more than 170 locations across Maine.

AG Mills kicked off the event by dropping off a small bag of unused medications at the State House drop off location. Following the death of her husband earlier this week, one of the first things she did was to go through their medicine cabinets and make sure any of his pharmaceuticals were properly disposed of. ?Too many Mainers,? Mills said, ?forget that these items are often stolen and get into the wrong hands; or if they are flushed down the drain, they pollute our ground water. Each of us must do our part to ensure the safe disposal of pharmaceuticals.?

WHAT: Prescription Drug Take-Back

WHEN: Saturday, September 27th

WHERE: To find a location near you, click here: https://www.deadiversion.usdoj.gov/NTBI/ntbi-pub.pub?flowExecutionKey=c30513D55-B117-9902-89C0-D7F17060235E_k23ED27AF-E5F3-E20B-7B06-7216C8504107

The take-back effort reduces the risk of prescription drug diversion and ensures environmentally safe disposal. There will be a large drop box supervised by local law enforcement at each site.

During the most recent take-back in April, 2014, Maine collected 27,040 pounds of medications, which was the largest amount collected in Maine to date. The grand total for all eight collections in Maine now stands at 133,660 pounds.

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Supporting documents

AG Mills Drug Disposal

ATTORNEY GENERAL ANNOUNCES NATIONAL $105 MILLION CRAMMING SETTLEMENT WITH AT&T MOBILITY

October 10, 2014

[Augusta] Attorney General Janet T. Mills announced today that the Maine Attorney General?s Consumer Protection Division has reached settlements with AT&T Mobility LLC to resolve allegations that AT&T Mobility placed charges for third-party services on consumers? mobile telephone bills that had not been authorized by the consumer, a practice known as ?mobile cramming.?

The settlement totals $105 million in monetary penalties to AT&T Mobility and will provide $80 million in direct consumer restitution in a fund administered by the Federal Trade Commission. AT&T Mobility will also be required to take specific steps to ensure that consumers are not subjected to these kinds of unauthorized charges in the future.

Consumers who have been ?crammed? often complain about charges, typically $9.99 per month, for ?premium? text message subscription services (?PSMS?) such as horoscopes, trivia, and sports scores, that the consumers have never heard of or requested. The Attorneys General and federal regulators allege that cramming occurred when AT&T Mobility placed charges on consumers? mobile telephone bills for these services without the consumer?s knowledge or consent. AT&T Mobility is the first mobile telephone provider to enter into a national settlement to resolve allegations regarding cramming; AT&T Mobility was among the four major mobile carriers?in addition to Verizon, Sprint and T-Mobile?that announced it would cease billing their customers for commercial PSMS charges last fall.

?Anyone with a mobile phone these days could have unwittingly signed up for one of these services,? said Attorney General Mills. ?We believe that the practice was deceptive and unfair to consumers. It is a reminder that people should read their monthly bills carefully and question any charges that they are unsure of. This practice could amount to millions of dollars in illegitimate fees being racked up on the backs of unsuspecting Maine consumers.?

Under the terms of the settlement, AT&T Mobility is required to provide $80 million to refund consumers who were victims of cramming. The fund will be administered by the Federal Trade Commission.

Beginning immediately, consumers can submit claims under the AT&T Mobility cramming refund program by visiting www.ftc.gov/att to find information about how to obtain a refund. If consumers are unsure about whether they are eligible for a refund, they can visit the claims website or contact the Claims Administrator at 1-877-819-9692 for more information.

The settlement requires AT&T Mobility to stay out of the commercial PSMS business?the platform to which law enforcement agencies attribute the lion?s share of the mobile cramming problem. Additional terms require AT&T Mobility to take a number of steps designed to ensure that it only bills consumers for third-party charges that have been authorized, including the following: - AT&T Mobility must obtain consumers? express consent before billing consumers for third-party charges, and it must ensure that consumers are only charged for services if the consumer has been informed of all material terms and conditions of their payment;

  • AT&T Mobility must provide a full refund or credit to consumers who are billed for unauthorized third-party charges at any time after this settlement;

  • AT&T Mobility must inform its customers when the consumers sign up for services that their mobile phone can be used to pay for third-party charges, and must inform consumers of how those third-party charges can be blocked if the consumer doesn?t want to use their phone as a payment method for third-party products; and

  • AT&T Mobility must present third-party charges in a dedicated section of consumers? mobile phone bills, must clearly distinguish them from AT&T Mobility?s charges, and must include in that same section information about the consumers? ability to block third-party charges. AT&T Mobility also agreed to pay $20 million to the Attorneys General and $5 million to the Federal Communications Commission. The State of Maine received $225,210.65 for its participation in the settlement. The Attorney General?s Office estimates that approximately 96,000 Maine consumers are potentially impacted by the restitution program.

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Attorney General Mills Announces Multistate Settlement with TD Bank Over 2012 Data Breach

October 16, 2014

(AUGUSTA) Attorney General Janet T. Mills today announced a multistate settlement with TD Bank, N.A. that resolves a 2012 data breach that affected thousands of consumers and helps to ensure that future incidents do not occur.

Maine was a part of the nine-state group that worked for a year and a half to investigate the breach as well as the company's policies and procedures and to negotiate the settlement, known as an ?assurance of voluntary compliance,? with TD Bank. The signed agreement with TD Bank will resolve consumer protection and privacy claims against them.

?This agreement will help prevent future breaches are prevented. Consumers have a right to know that their private financial information will be protected by the businesses that hold it. This agreement requires TD Bank to reform the policies and procedures that allowed this breach to happen,? Attorney General Mills said.

In October 2012, the Connecticut Attorney General's Office received notification from TD Bank of a data breach involving the loss of unencrypted backup tapes in Massachusetts. These tapes contained 1.4 million files in 1,800 different file types that had been accumulated over eight to ten years. The files contained a variety of personal information belonging to some 260,000 TD Bank customers nationwide. Approximately 34,000 Maine customers were affected.

TD Bank notified affected consumers about the breach and offered free credit monitoring services. Consumers who wished to transfer funds to a new account were able to do so. No consumers were held liable for any unauthorized use of their accounts. Fortunately, however, there have been no reports of identity theft to date.

The agreement requires TD Bank to notify residents of any future breaches of security or other acquisitions of personal information a timely manner. TD Bank also agreed to maintain reasonable security policies to protect personal information. The agreement ensures that TD Bank will not transport backup tapes unless the tapes are encrypted and all security protocols are complied with. TD Bank will regularly review its policies regarding the collection, storage and transfer of consumers? personal information and make necessary changes to protect consumers? privacy. TD Bank will also train their employees in privacy protection.

Joining Maine in the agreement are Connecticut, Florida, Maryland, New Jersey, New York, North Carolina, Pennsylvania and Vermont.

The State of Maine will receive $130,015 of the total settlement amount to further consumer protection efforts.

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Supporting documents

TD Bank AVC

Maine AG?s Office receives federal funding to analyze violent deaths

October 21, 2014

(AUGUSTA) Maine Attorney General Janet T. Mills announced that the State of Maine has received funding from the federal Centers for Disease Control and Prevention to gather critical data on violent deaths in Maine using the National Violent Death Reporting System (NVDRS) over the next five years. Among other things, this grant will allow the state to gather detailed information about the relationship between domestic abuse, homicide and suicide.

The data collected will supplement the work of groups like the Domestic Abuse Homicide Review Panel which examines domestic abuse homicides in order to understand how such tragedies can be prevented. After more than a decade of work, the panel?s observations have led to policy changes aimed at saving lives.

?The Domestic Abuse Homicide Review Panel observed that very often a homicide occurred when a woman went back to the shared home to retrieve belongings after a breakup,? said Attorney General Mills. ?That small piece of data has led to better safety planning and has saved lives. Knowing the circumstances of violent deaths will help identify the very best prevention efforts. I am particularly interested in looking at domestic violence and its effect on the suicides that are not a part of a murder/suicide incident. This grant will allow us to examine the details of all violent deaths in a manner not previously possible.?

NVDRS helps state and local officials understand when and how violent deaths occur by linking data from law enforcement, coroners and medical examiners, vital statistics, and crime laboratories. Using this data, public health practitioners and violence prevention professionals can develop tailored intervention efforts to reduce the incidence of violent deaths.

NVDRS provides details on demographics (age, income, education), method of injury, the relationship between the victim and an offender and information about circumstances such as depression, financial stressors, or relationship problems. It is the only data system for homicide that collects information from sources outside of law enforcement and that has the capacity to link hospital and other health records.

Maine?s effort will be spearheaded by Dr. Margaret Greenwald, recently retired Chief Medical Examiner, and Dr. Marcella Sorg of the University of Maine. Dr. Greenwald and Dr. Sorg have previously collaborated to analyze statistics on drug deaths. Their work on drug deaths is nationally recognized and has provided important information to guide drug policy decisions here in Maine. Under the new grant Maine will receive $194,347 each year for five years for data collection and analysis and will compare its data with similar information from the State of Vermont.

For additional information about NVDRS, see www.cdc.gov/violencePrevention/NVDRS/index.html.

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Heating Season Has Begun ? Consumer Protection Rules Are In Effect

October 23, 2014

(AUGUSTA) Maine Attorney General Janet Mills reminds fuel dealers and consumers to be aware of rules regulating the sale of heating fuel that take effect in Maine from October 15 to April 30. These rules specifically hold sellers of home heating oil, propane, natural gas, electricity and firewood to higher standards during this time, even when a customer owes the dealer money.

Fuel dealers are not allowed to assess additional charges to a consumer, except for what is outlined here (http://www.maine.gov/sos/cec/rules/26/239/239c100.doc). If a customer has money for a delivery, they cannot be denied a delivery between October 15 and April 30.

If the customer owes money, a dealer cannot refuse a delivery if: ? The customer has a guaranteed payment for the delivery (cash, LIHEAP, etc.); ? The dealer regularly serve that area; and ? The customer requests at least 20 gallons.

A dealer may charge an emergency delivery fee if the customer is told in advance of the fee.

Delivery Surcharges are only allowed if: ? The order is for less than 50% of the tank?s capacity or 100 gallons, whichever is less. ? The delivery is requested on a day you do not normally deliver in that area. ? The surcharge cannot be more than $20.00. ? The customer must be informed of this charge in advance of delivery.

Unscheduled Deliveries ? A dealer can impose a minimum delivery requirement. ? A dealer who charges established customers a delivery surcharge, minimum delivery requirement, or different price must treat every customer the same.

Prepaid Contracts ? A dealer must first obtain financial protection to ensure they can deliver the product at the guaranteed price, which includes contracts with suppliers with specific language, surety bonds equal to at least 50% paid by prepaid customers, or a letter of credit equal to 100% paid by those customers (10 M.R.S. ? 1110). ? Since 2012 all dealers who offer prepaid contracts must register their intent with the Commissioner of Professional and Financial Regulation by June 30 to indicate the manner of compliance.

Coal Vendors ? Coal vendors must provide a receipt with the dealer?s name/address, consumer name/address, date and quantity delivered, price and description of the type of coal sold.

The Attorney General?s Consumer Law Guide includes a chapter that discusses Consumer Home Heating Rights in greater detail. That chapter can be accessed here: (www.maine.gov/tools/whatsnew/attach.php?id=27939&an=1).

Failure to follow these laws and regulations may be an unfair trade practice in violation of 5 M.R.S.A. ? 207.

Consumers with questions about their rights regarding heating fuel sales or other consumer matters are encouraged to contact the Attorney General?s Consumer Protection Division at 1(800) 436-2131 or consumer.mediation@maine.gov .

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Maine Supreme Judicial Court upholds murder conviction in 2005 domestic violence homicide

November 6, 2014

(AUGUSTA) Attorney General Janet Mills is pleased the Maine Supreme Judicial Court has upheld the conviction of Danny Roberts who was found guilty for the murder of his child?s mother, Melissa Mendoza. On August 15, 2005 Roberts lured Mendoza to his home and then shot her in the head as she stepped into his garage. The two were in a custody battle over their then two-year old daughter. Roberts was originally convicted by an Androscoggin County Jury in February, 2007 and was sentenced to serve 55 years in prison for the crime.

The Opinion of the Court released today denied an effort by Roberts to seek a new trial. Roberts had alleged that various parties, including court personnel, prosecutors and his defense counsel committed misconduct during different stages of his legal proceedings. The Court concluded that his arguments did not raise a likelihood that the outcome would have changed the verdict and that they did not merit a new trial.

?This case is the very definition of a cold-blooded killing, yet another tragic act of domestic violence,? said Attorney General Mills. ?We are very pleased that the Court has rejected this bid for a new trial and that Mr. Roberts will continue to serve out his lengthy sentence. My heart goes out Melissa?s family and I am glad they will not have to endure the emotional burden of a second trial.?

The case was argued at trial by then Deputy Attorney General Fern Larochelle and then Assistant Attorney General William Stokes. Assistant Attorney General Donald Macomber defended the State?s position against a new trial.

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Supporting documents

Roberts Opinion

Attorney General warns Mainers to be suspicious of callers demanding immediate payments

November 14, 2014

(AUGUSTA) Attorney General Janet T. Mills reports that her Office has received many recent reports of aggressive calls from scammers demanding immediate payments on supposed debts. The common thread among the scammers is that they attempt to get you to make a payment by wire transfer or pre-paid debit card. Mainers should be very suspicious of anyone calling out of the blue and demanding an immediate payment of a debt, especially if they require that payment by any reloadable cash cards such as Green Dot Money Pak or a wire service like Western Union.

?The names and the details of the scams vary,? Attorney General Mills said. ?Typically the caller pretends they are from a business that you know and are attempting to collect an old debt. Perhaps they say you have won a lottery. Sometimes they even claim to be from the state or federal government. The caller has just enough information about you that you believe they are legitimate. The red flag, however, is that they want you to make an instant payment with a pre-paid debit card or wire transfer. This is how you know you are getting scammed. Hang up the phone immediately.?

In this information age, a scammer can glean a lot of information about a person from the internet. They may also have coupled that information with private personal or financial data from an illegal data breach. The result is that the scammer can be very convincing when they call you out of the blue and catch you off guard.

?No legitimate business, governmental entity or genuine debt collection agency is going to call you without having first sent you mail. They will not demand an immediate payment. They will not require that you wire cash or use a pre-paid debit card service, and they will not threaten you with arrest if you do not comply,? said Attorney General Mills. ?These are all the red flags of a scam artist.?

One Maine resident recently recorded his interaction with a scammer claiming to be from the Internal Revenue Service. [http://www.youtube.com/watch?v=Pj-fJNULIZ0] His call illustrates several tactics used by phone scammers. They claimed to be from an entity that the target is familiar with and who he has the potential to owe money to. When challenged about his authenticity, the scammer tried to reassure the target by giving a badge number in order to sound official. And finally, the payment could only be made by ?Green Dot Money Pak,? available at places like Walmart or drug store chains, and not by other typical means. The scammers are also not easily dissuaded; different people called repeatedly making the same claims in order to make him think they were legitimate.

Green Dot Money Pak is one brand name of a service people can use instead of a bank account to store cash; though there are many other companies who offer similar services. It looks like and can be used like a typical debit or credit card at cash registers or ATMs. These cards can be obtained by purchasing one at a store and loading it with funds. Each card has a unique account number. Scammers will get you to load your cash onto the card account and then have you read them the account number over the phone. They then withdraw your cash from the account from anywhere in the world, virtually untraceable.

The IRS has warned people about scams like this and the FTC has a website with information about the IRS scam and other common phone scams like the foreign lottery, extended car warranties or charitable causes.

?The best advice to Mainers is to be very suspicious of anyone calling you and demanding an immediate payment,? said Attorney General Mills. ?When in doubt, hang up the phone. If you have questions, call the entity they claimed to be from to see if you have a debt to pay and never, ever make a payment over the phone.?

Maine consumers who have questions about phone scams or other consumer protection matters can contact the Attorney General?s Consumer Protection Division: 1-800-436-2131 or email: consumer.mediation@Maine.gov .

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Report of Attorney General on the Use of Deadly Force by State Police Trooper in Ellsworth on June 1, 2014

December 10, 2014

On June 1, 2014, Jeffrey Barnard, 50, was shot and wounded by State Police Trooper Scott Duff during an armed confrontation outside Mr. Barnard?s residence in Ellsworth after a 20-hour standoff during which time Mr. Barnard fired several rounds from a rifle and threw a Molotov cocktail at officers outside his camper.

Facts

In 2012, James Thibodeau of North Street in Ellsworth agreed to allow Jeffrey and Vicki Barnard to park a camper trailer that served as their primary residence next to his home for a short period of time. Two years later, the Barnards were still living in their camper on the Thibodeau property. This living arrangement prompted disputes between the Barnards and Mr. Thibodeau. On Saturday, May 31, 2014, at about 8 a.m., an altercation occurred between Mr. Thibodeau and Mr. Barnard when Mr. Barnard refused to relinquish the keys to Mr. Thibodeau?s tractor. This led to the Ellsworth Police Department being called. An Ellsworth police officer responded to the call and, after a preliminary investigation, instructed Mr. Barnard to relinquish the tractor keys. Mr. Barnard refused and became agitated when the officer told him that he would be charged with theft if he refused to relinquish the keys. Mr. Barnard, who was standing in the doorway of the camper trailer, sent his dog from the camper with a command not to let the officer inside. The dog snarled at the officer. The officer saw that Mr. Barnard?s right arm was out of view and ordered him to show his hands. Mr. Barnard responded, ?No, fuck you, shoot me.? He went inside the camper out of view of the officer after refusing several more commands to show his hands. Another officer, one who had interacted with Mr. Barnard in the past, arrived. His attempts to reason with Mr. Barnard were likewise unsuccessful. Mr. Barnard became increasingly more agitated, displayed a can of gasoline, and threatened to blow up the camper. The officers retreated to a safe distance and Mr. Barnard remained inside the camper. Also inside the camper was Mr. Barnard?s wife, Vicki Barnard. As additional officers arrived, further assistance was requested from the State Police Tactical Team for the now barricaded Mr. Barnard. The Tactical Team was unable to respond as it was deployed to a different area of the state; the Bangor Police Department?s Special Response Team (SRT) was requested and arrived a short time later. Meanwhile, State Trooper Scott Duff, a member of the State Police Tactical Team working in another part of the state, became aware of the situation developing in Ellsworth. He learned that Mr. Barnard and his wife had barricaded themselves inside a camper after Mr. Barnard threatened police officers. He received updates on the situation throughout the day, including information that the Bangor Police Department?s SRT had responded. Trooper Duff further learned that there may have been a theft involved in the incident, that there was a weapon involved in the standoff, and that Mr. Barnard had outstanding warrants for his arrest. Trooper Duff also learned that three members of the State Police Tactical Team who were not deployed elsewhere were on scene with the Bangor SRT. Early on, crisis negotiators attempted to persuade the Barnards to come out of the camper. The negotiations would continue over the next 20 hours or so. At points during the standoff, various strategies were used to establish and maintain communication with the Barnards. Throughout the entire encounter, Mr. Barnard continued to make threatening remarks to the police officers on scene and demanded that the news media be brought to the scene so that he could give them various CD?s. Mr. and Ms. Barnard made comments to the effect of being ready to meet their maker, that they would use the gasoline to cause an explosion, and that Mr. Barnard had a surprise for the officers. Mr. Barnard made reference to a previous standoff he said he created in California, noting that he would make this one last much longer. Negotiations continued without success. Ms. Barnard left the camper several times to either retrieve something from nearby or to relieve herself outside. Each time, she returned to the camper. The officers concluded from these observations that Ms. Barnard was a willing participant in the standoff. Two teams of Bangor SRT officers had established positions close to the camper. The SRT officers learned that Mr. Thibodeau had weapons and large amounts of gunpowder in his house and did not want Mr. Barnard to have access to those items. The officers learned from Mr. Barnard that he was in fact aware of the guns and black powder and knew where they were kept inside the house. As the standoff continued, different strategies were used to coax the Barnards from the camper. An initial plan to introduce tear gas into the camper failed. Another tear gas plan was devised, but before it could be implemented, Mr. Barnard fired at least two shots from the camper. Mr. Barnard was heard threatening that he had 100 rounds of ammunition for the officers. Meanwhile, Trooper Duff, still deployed with the State Police Tactical Team in another part of the state, learned that two shots had been fired by Mr. Barnard. He also learned that the Barnards had gasoline in the camper and had threatened to blow it up. Trooper Duff also learned of the statements made by Mr. Barnard relating to the amount of ammunition he had waiting for the officers.
As the standoff wore on, Trooper Duff and other State Police Tactical Team members were assigned to relieve Bangor SRT officers. They arrived at the scene on North Street in Ellsworth in the early hours of June 1, 2014. Trooper Duff and Sgt. Peter Michaud, also a member of the State Police Tactical Team, were stationed about 80 yards from the rear of the camper. It was now about 2:30 a.m., over 18 hours from the initial call to the Ellsworth Police Department. Negotiations with Mr. Barnard continued to no avail. At around 3:15 a.m., an armored vehicle with blue lights activated was used to nudge the camper in an attempt to persuade the Barnards to leave the camper. The camper itself was turned slowly by the armored vehicle. The camper?s new position provided Trooper Duff a view of the front door of the camper. Six minutes later, shots were fired from within the camper. A few minutes later, after warnings to the Barnards, tear gas was introduced into the camper. Shortly after, Trooper Duff observed Mr. Barnard in the doorway of the camper holding a rifle pointed down. Mr. Barnard peeked out at the armored vehicle and then disappeared from view as he retreated into the camper. Trooper Duff saw Mr. Barnard peek out in the same direction a second time, this time pointing his rifle higher in the general direction of Trooper Duff and Sgt. Michaud. Trooper Duff heard a negotiator over a loudspeaker ordering Mr. Barnard to drop the rifle. The commands went unheeded. When Trooper Duff observed Mr. Barnard with the rifle raised in his general direction again, he fired one round from his rifle. The round struck Mr. Barnard in the face. The time was about 3:30 a.m. Mr. Barnard retreated to inside the camper, and continued to ignore commands issued over the loudspeaker for him and his wife to come out. About 20 minutes later, Mr. Barnard threw a Molotov cocktail from the camper. A small fire burned on the driveway between the camper and the house before extinguishing itself. Thereafter, Tactical Team officers manned a hose and sprayed fire-retardant foam into the camper through various openings. When two more shots were fired from within the camper, the officers retreated to the safety of the armored vehicle. Shortly after, Vicki Barnard emerged from the camper and was directed to a safe location. Mr. Barnard then crawled out of the camper. He was given immediate medical attention and taken to a hospital in Ellsworth and then to a Bangor hospital by Lifeflight for treatment of the gunshot wound to his face. He was discharged about two weeks later. Mr. Barnard has an extensive criminal record, which includes convictions for assault on an officer, criminal mischief, criminal threatening, criminal trespass, disorderly conduct, violating conditions of release, and possession of a firearm by a felon. Mr. Barnard is presently charged with federal offenses related to his possession of a firearm during the Ellsworth incident.
Analysis and Conclusion The Attorney General is charged by law with investigating any incident in which a law enforcement officer uses deadly force while acting in the performance of the officer's duties. 5 M.R.S. ?200-A. The only purpose of the Attorney General?s investigation of the incident in Ellsworth was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution of Trooper Duff. The review did not include an analysis of potential civil liability, of whether any administrative action is warranted, or of whether the use of deadly force could have been averted.
Under Maine law, for any person, including a law enforcement officer, to be permitted to use deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Whether the use of force by a law enforcement officer is reasonable is based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others. Attorney General Janet T. Mills has concluded that at the time Trooper Duff shot Mr. Barnard, Trooper Duff reasonably believed that unlawful deadly force was imminently threatened against him and other persons within range of the weapon brandished by Mr. Barnard. It was reasonable for Trooper Duff to believe it necessary to use deadly force to protect himself and others in the area from deadly force. Trooper Duff acted in defense of himself and others who were within range of and in the line of fire of Mr. Barnard?s gun. The Attorney General?s conclusion is based on an extensive scene investigation, on interviews with numerous individuals, and on a review of all evidence made available from any source.

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ATTORNEY GENERAL JANET T. MILLS ANNOUNCES MULTISTATE SETTLEMENT WITH SIRIUS XM

December 11, 2014

Augusta, Maine ? Attorney General Janet T. Mills, along with the attorneys general of 44 states and the District of Columbia, announced today that Sirius XM Radio Inc. of New York has agreed to pay $3.8 million to the states and to provide restitution to eligible consumers to resolve claims that the satellite radio company engaged in misleading advertising and billing practices.

The states? investigation focused on consumer complaints involving: difficulty canceling contracts; cancellation requests that were not honored; misrepresentations that the consumer?s Sirius XM service would be canceled and not renewed; contracts that were automatically renewed without consumers? notice or consent; unauthorized fees; higher, unanticipated rates after a low introductory rate; and Sirius XM failing to provide timely refunds.

Under the terms of the settlement, formally known as an Assurance of Voluntary Compliance, Sirius XM will make significant changes to its business practices. Specifically, Sirius XM agrees to:

  • Clearly and conspicuously disclose all terms and conditions at the point of sale, such as billing frequency, term length, automatic renewal date, and cancellation policy.
  • Make no misrepresentations about the available plans in advertisements.
  • Provide advance notice via mail or email about upcoming automatic renewals for plans lasting longer than six months.
  • Revise the cancellation procedures to make it easier for consumers to cancel.
  • Prohibit incentive compensation for customer service representatives based solely on ?saves,? or retaining current customers who attempt to cancel.

In addition to the $3.8 million that Sirius XM will pay the states, Sirius XM also will provide restitution to eligible consumers who have complaints about the problems addressed by the settlement.

To be considered for restitution under this settlement, consumers must file a complaint concerning conduct from July 28, 2008, to December 4, 2014, involving an identifiable loss that has not been previously resolved with their state attorney general.

Maine Consumers who have a complaint regarding Sirius XM?s business practices addressed by this settlement are urged to contact Sirius XM directly before May 3, 2015. Complaints can be sent by mail to P.O. Box 33059, Detroit, MI 48232-5059 or by going to the following web address: www.siriusxm.com/settlementprogram.

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ATTORNEY GENERAL ANNOUNCES NATIONAL $90 MILLION ?CRAMMING? SETTLEMENT WITH T-MOBILE

December 19, 2014

(AUGUSTA) Attorney General Janet T. Mills announced today that her Consumer Protection Division?along with the Attorneys General of the other 49 States and the District of Columbia, the Federal Trade Commission, and the Federal Communications Commission?reached settlements with T-Mobile USA, Inc. The settlement agreement includes at least $90 million in payments and resolves allegations that T-Mobile placed charges for third-party services on consumers? mobile telephone bills that were not authorized by the consumer, a practice known as ?mobile cramming.?

Consumers who have been ?crammed? often complain about charges, typically $9.99 per month, for ?premium? text message subscription services (also known as ?PSMS? subscriptions) such as horoscopes, trivia, and sports scores, that the consumers have never heard of or requested. The Attorneys General and federal regulators allege that cramming occurred when T-Mobile placed charges from third-parties on consumers? mobile telephone bills without the consumer?s knowledge or consent. T-Mobile is the second mobile telephone provider to enter into a nation-wide settlement to resolve allegations regarding cramming; Attorney General Mills announced a similar, $105 million settlement with AT&T in October of this year. T-Mobile and AT&T were among the four major mobile carriers?in addition to Verizon and Sprint?that announced they would cease billing customers for commercial PSMS in the fall of 2013. ?Anyone with a mobile phone might have unwittingly signed up for one of these services,? said Attorney General Mills. ?We believe that the practice was deceptive and unfair to consumers. It is a reminder that people should read their monthly bills carefully and question any charges they are unsure of. This practice could amount to millions of dollars in illegitimate fees being racked up on the backs of unsuspecting consumers. This office will continue to pursue companies that employ these deceptive practices.? Under the terms of the settlements, T-Mobile must provide each victim of cramming who files a claim under its Premium SMS Refund Program an opportunity for a full refund. The settlement terms require that T-Mobile pay at least $90 million; of this sum, at least $67.5 million must be paid to consumers?a portion of which may be paid by forgiving debts consumers may owe T-Mobile. T-Mobile will also pay $18 million to the Attorneys General and $4.5 million to the Federal Communications Commission.
Consumers can submit claims under the Program by visiting http://www.t-mobilerefund.com. On that website, consumers can submit a claim, find information about refund eligibility and how to obtain a refund, and can request a free account summary that details PSMS purchases on their accounts. Consumers who have questions about the Program can visit the Program website or call the Refund Administrator at (855) 382-6403. It is estimated that as many as 13,000 Maine residents have the potential to be affected.
The settlement requires T-Mobile to stay out of the commercial PSMS business?the platform to which law enforcement agencies attribute the lion?s share of the mobile cramming problem. T-Mobile must also take a number of steps designed to ensure that it only bills consumers for third-party charges that have been authorized, including the following: - T-Mobile must obtain consumers? express consent before billing consumers for third-party charges, and must ensure that consumers are only charged for services if the consumer has been informed of all material terms and conditions of their payment; - T-Mobile must give consumers an opportunity to obtain a full refund or credit when they are billed for unauthorized third-party charges; - T-Mobile must inform its customers when they sign up for services that their mobile phone can be used to pay for third-party charges, and must inform consumers of how those third-party charges can be blocked if the consumer doesn?t want to use their phone as a payment method for third-party products; and - T-Mobile must present third-party charges in a dedicated section of consumers? mobile phone bills, must clearly distinguish them from T-Mobile charges, and must include in that same section information about the consumers? ability to block third-party charges. The State of Maine will receive $202,689.58 from the settlement to advance consumer protection efforts.

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Attorney General Janet Mills sworn-in for new term

January 8, 2015

(AUGUSTA) Attorney General Janet T. Mills was administered the oath of office today by Governor Paul R. LePage, beginning her second consecutive term and third overall as Attorney General. In remarks delivered in the House Chamber following the swearing in, Attorney General Mills highlighted her Office?s efforts to protect consumers? rights, prosecute domestic violence homicides and frauds against the state, protect children from abuse and fight drug trafficking.

Attorney General Mills focused on the terrible toll that drugs and domestic violence has taken on children in Maine over the last year. Mills noted that reports of child abuse and neglect have increased 58% over the past two years which translates into a much higher case load for the attorneys in the Attorney General?s Child Protection Division. For the attorneys assigned to the Maine Drug Taskforce, 32 percent of the felony drug cases closed last year involved heroin, up from just 7 percent two years before. In 2014 961 babies born in Maine were affected by drugs and 176 people died from drug overdoses in 2013.

?The drug epidemic deserves our intensive and collaborative effort?from public education, punishment of dealers and treatment of offenders,? Mills stated. ?Working with the MDEA, the US Attorney, the pharmacies, the medical community and advocates like Skip Gates, my office will take part in an all-out attack on meth-makers and heroin and opiate traffickers who are killing our youth.?

Attorney General Mills noted that 2014 was especially cruel to children when it came to cases of domestic violence homicide. While a total of 21 homicides is a low number historically, 14 of those were domestic violence homicides and 8 victims were children under the age of 13. Mills read the names of the children and then stated, ?Eight children killed in one year. A first for our state. And we must never ever let it happen again.?

Attorney General Mills called attention to the need to repair the situation at Riverview Psychiatric Hospital. ?We will work hard to better balance due process rights, the safety of staff and patients and the fiscal needs and safety of our state,? she said.

Attorney General Mills also spoke to the public impression that the Office of the Attorney General and the Office of the Governor do not work together. Noting that she and the Governor have some things in common, Attorney General Mills said, ?While it?s true you probably won?t catch Gov. LePage and me sitting down sharing a glass of Chardonnay, eating Brie and watching Downton Abbey together, still on any given day, you will see my office working with the departments of state government and representing the state in nearly 7,000 separate legal matters. We work together. And, for the most part, the interests of my office, the interests of the Maine Legislature and the interests of the administration are well aligned. When they are not, you will know about it. And on the thousands of occasions when they are running smoothly, you will hear little. But know that this happens. And it will be for the public good, mindful of the necessary independence of the constitutional offices.?

Link to remarks: http://www.maine.gov/ag/news/article_speeches.shtml?id=635018

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Report of Attorney General on the Use of Deadly Force by State Police Trooper in Howland on June 6, 2014

January 21, 2015

Close to midnight on Friday, June 6, 2014, Dale J. Saucier, 36, was shot and wounded by State Police Trooper Benjamin Campbell during an armed confrontation inside Mr. Saucier?s residence in Howland.

Facts

On Thursday, June 5, 2014, Trooper Benjamin Campbell interviewed the 13-year-old nephew of Dale Saucier after he ran away from Saucier?s residence in Howland where he had been living. The nephew told Trooper Campbell about alleged threatened physical abuse by Mr. Saucier and incidents in which Mr. Saucier allegedly forced the boy to consume alcoholic beverages. On Friday morning, June 6, 2014, a DHHS caseworker visited Mr. Saucier and his girlfriend Angela Doane at their residence. The visit was in response to the report that Mr. Saucier?s nephew had run away the previous day after an altercation with Mr. Saucier. Mr. Saucier learned from the caseworker that his nephew would be staying elsewhere for the weekend. Mr. Saucier was concerned that the boy would end up in foster care. He and Ms. Doane went shopping in Lincoln at which time they purchased a 30-pack of beer. They returned home and consumed all the beer. They then went out for a short ride and returned home where they continued to drink alcohol.

Two boys who were friends of the nephew stopped by the residence. When they left, Mr. Saucier discovered that he was missing some cigarettes. Believing the boys had stolen his cigarettes, he became angry, swearing, throwing things and upended the kitchen table. At about 8:45 p.m., Ms. Doane left the residence and walked to a store to buy cigarettes. When she returned, Mr. Saucier apologized for his behavior. At about 9:30 p.m., Ms. Doane retired to a bedroom. A while later, Mr. Saucier entered the bedroom wanting to talk, but Ms. Doane rebuffed him. He returned with an empty bottle of Ibuprofen that he threw at her.

At 10:51 p.m., the Regional Communications Center (RCC) in Bangor received a 911 hang-up call from a cellular phone number, which was later determined to be the number of Mr. Saucier?s cell phone. A dispatcher called the number back and received no answer, so she left a message. At 11:09 p.m., the dispatcher made a second call back and spoke with a man who identified himself as Dale Saucier of Howland. The dispatcher engaged an apparently intoxicated Mr. Saucier in conversation for about seven minutes. Mr. Saucier claimed no knowledge of the hang-up call, but admitted to drinking beer and ingesting ? of a bottle of Ibuprofen about 20 minutes earlier. When asked if he had an emergency, Mr. Saucier made statements such as ?not yet? and ?maybe.? He also told the dispatcher to give him about a half hour and then send the ?morgue.? Mr. Saucier said he did not want an ambulance, but that a ?hearse? should be sent instead. The dispatcher told him that she needed to send an ambulance to make sure he did not overdose, to which Mr. Saucier replied, ?That?s kind of the whole point. It?s kind of defeating the purpose isn?t it?? Mr. Saucier also indicated that there was a woman in his residence with whom he had fought earlier, but she was ?alright for now.? When asked about the presence of any weapons, Mr. Saucier asked if steak knives counted and made a flippant remark about throwing them at a trooper.

At 11:17 p.m., the dispatcher contacted Trooper Campbell and told him that Mr. Saucier was intoxicated and had consumed a large quantity of pills, information that would prompt a law enforcement welfare check. Trooper Campbell was familiar with Mr. Saucier from two prior contacts, the first during the summer of 2013 and the second from the day before. On both occasions, Mr. Saucier had been drinking.

Within five minutes of the notification from the Bangor RCC, Trooper Campbell arrived at the Saucier residence in a mobile home community. Mr. Saucier?s residence included a wooden staircase structure with a railing and a small landing at the same level as the entryway of the home. Trooper Campbell was in full uniform and driving a marked cruiser. The time was 11:22 p.m. He knocked on the door and heard someone stumbling around inside, after which he observed Mr. Saucier looking out a window. Trooper Campbell used his flashlight to illuminate his uniform to make sure Mr. Saucier knew he was a police officer. Mr. Saucier opened the door and asked Trooper Campbell what he wanted. Trooper Campbell told Mr. Saucier he was there because someone had made a 911 call. Mr. Saucier denied calling 911 and added, ?You guys called me.? Mr. Saucier came outside onto the porch holding a can of beer. He appeared intoxicated and was having trouble maintaining his balance. Trooper Campbell asked Mr. Saucier about the pills he had taken. Mr. Saucier admitted to taking pills, but said he did not know what the pills were or how many he had consumed. When Trooper Campbell asked to see the pill bottle, Mr. Saucier said he had thrown it somewhere. Trooper Campbell asked Mr. Saucier if his nephew was home, and Mr. Saucier told him that his nephew was staying elsewhere.

Mr. Saucier told Trooper Campbell that he was going back inside to look for the pill bottle and agreed to permit Trooper Campbell to assist him. Mr. Saucier and Trooper Campbell were both in the kitchen of the residence when Mr. Saucier pointed out the pill bottle on a counter. Trooper Campbell observed that the bottle was empty, but had apparently contained Ibuprofen. When Trooper Campbell asked how many pills he had taken, Mr. Saucier told him that there had been all but ten pills in the bottle when he took the rest in four swallows. Mr. Saucier told the trooper that he had taken a large quantity of pills once before. Trooper Campbell began to suspect that Mr. Saucier was suicidal. He determined how many pills Mr. Saucier had likely taken and, believing that Mr. Saucier may have overdosed, called for emergency medical services. The time was 11:33 p.m. Mr. Saucier heard Trooper Campbell request EMS and became agitated, saying he could take care of himself and did not want EMS in his residence.

Trooper Campbell noted that the kitchen was in disarray, with chairs knocked down and cigarette wrapping papers strewn about the floor. Mr. Saucier told him that he had gotten into an argument with his girlfriend. Trooper Campbell recalled Ms. Doane from their conversation the prior day. Trooper Campbell also noted a VW Beetle, which Ms. Doane had previously told him belonged to her, parked in the driveway. Trooper Campbell believed Ms. Doane was somewhere inside the residence.

Mr. Saucier told Trooper Campbell that he did not want Trooper Campbell or EMS in his home. Trooper Campbell told Mr. Saucier that he was not leaving until EMS checked on him. Mr. Saucier then said that his ?beat girlfriend? was in the bedroom. Trooper Campbell associated this statement with Mr. Saucier?s earlier statement about an argument, as well as the condition of the kitchen. Mr. Saucier then said, ?What would you do if I ran around the corner and grabbed a gun, went into the bedroom, and shot her?? When Mr. Saucier mentioned his girlfriend, he was pointing toward the rear of the mobile home. Mr. Saucier had become increasingly agitated.

The arrival of an ambulance prompted a neighbor?s dog to start barking. Mr. Saucier went to the door and announced that no one was coming in with a dog. Trooper Campbell assured him that EMS had no dog and the dog belonged to a neighbor. Mr. Saucier then locked the door to prevent the EMS personnel from entering. Trooper Campbell unlocked the door and opened it for the EMS personnel, but Mr. Saucier partially blocked the door with his foot and tried to close it. Trooper Campbell used his foot to keep the door slightly open as did one of the EMS personnel from the outside. The door was open only enough for the EMT to position his body between it and the door frame. The three men were in close proximity in the entryway. While jostling to keep the door open for EMS, Trooper Campbell noticed a small rifle consistent with a .22 caliber in a corner of the room. The EMT spoke directly with Mr. Saucier, who told him that he had taken the large quantity of pills. The EMT told Mr. Saucier that he needed to go with them to get checked out, but Mr. Saucier refused, telling them all to leave. When the EMT told him that they were there to help him, Mr. Saucier replied, ?I don?t need no fucking help. Did you bring a shotgun??

Trooper Campbell and the EMT continued their efforts to persuade Mr. Saucier that he needed medical attention, but he steadfastly refused. Both the EMT and Trooper Campbell told Mr. Saucier that he was going to the hospital one way or the other. Trooper Campbell told Mr. Saucier that he would have to handcuff him if he did not go with EMS.[1] Mr. Saucier then said to Trooper Campbell, ?I?m going to ask you this question. How many people get hurt in between? You?? Mr. Saucier made references to being a wild animal backed into a corner. He also said, ?No fucking doctor is gonna look at me, ?cause I?d rather fucking shoot him than look at him? adding, ?Is that where we need to go??

Without warning, Mr. Saucier lunged past Trooper Campbell toward the rifle, causing the slightly opened door to push back against the EMT. Mr. Saucier grabbed the barrel of the rifle as Trooper Campbell took his foot off the door and forced it against the stock of the gun in an attempt to hold it to the wall. Mr. Saucier was able to pull the rifle free, turn and begin ?trotting? with the gun into the living room. He moved toward the back hallway where he had earlier indicated his ?beat girlfriend? was located. Mr. Saucier carried the rifle with both hands with the barrel pointed to his left.

When Mr. Saucier was a couple feet away and still moving toward the rear of the mobile home, Trooper Campbell drew his sidearm and shined his flashlight at him, ordering him to drop the gun. Mr. Saucier did not comply, said nothing, and continued toward the rear bedroom area. As Mr. Saucier neared the corner of the room leading to the hallway, Trooper Campbell fired his service weapon three times and Mr. Saucier, struck by the gunfire, fell down. About 35 minutes had elapsed between Trooper Campbell?s arrival and the shooting.

Trooper Campbell immediately checked on Mr. Saucier?s condition. He then went into the bedroom to check on Ms. Doane and found her uninjured. He summoned the EMS personnel to render aid to Mr. Saucier. Mr. Saucier was transported via Lifeflight to a Bangor hospital where he was treated for two gunshot wounds to his left side. One shot entered his left forearm and passed through. Another shot entered his left chest wall and fractured his left clavicle without exiting. Mr. Saucier?s rifle was determined to be a .177 caliber lever action carbine style BB air gun.

Analysis and Conclusion

State law requires that the Attorney General investigate any incident in which a law enforcement officer uses deadly force while acting in the performance of the officer's duties. 5 M.R.S. ?200-A. The only purpose of the Attorney General?s investigation of the incident in Howland was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution of Trooper Campbell. The review did not include an analysis of potential civil liability, of whether any administrative action is warranted, or of whether the use of deadly force could have been averted.

Maine law permits any person, including a law enforcement officer, to use deadly force in self-defense or the defense of others if two requirements are met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

Whether the use of force by a law enforcement officer is reasonable is based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Attorney General Janet T. Mills has concluded that at the time Trooper Campbell shot Mr. Saucier, he reasonably believed that unlawful deadly force was imminently threatened against Ms. Doane and himself. It was reasonable for Trooper Campbell to believe it necessary to use deadly force to protect Ms. Doane and himself from deadly force. Trooper Campbell acted in defense of Ms. Doane and himself. The Attorney General?s conclusion is based on an extensive scene investigation, on interviews with numerous individuals, and on a review of all evidence made available from any source.

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Scams target taxpayers as filing season gets underway

January 26, 2015

(AUGUSTA) Tax season may just be getting started, but tax scammers have been hard at work already. The Maine Attorney General?s Office and the Federal Trade Commission (FTC) have gotten thousands of complaints about one kind of scammer in particular ? IRS imposters.

Here?s how they work: Scammers posing as IRS officials call and say you owe taxes. They threaten to arrest you, or deport you, or revoke your license, or even shut down your business if you don?t pay right away. They may know your Social Security number ? or at least the last four digits of it ? making you think it really is the IRS calling. They also can rig caller ID to make it look like the call is coming from Washington, DC.

You are the instructed to put the money on a prepaid debit card and tell them the number ? something no government agency would ask you to do. Once you do it, you find out it was a scam, and the money is gone.

?This scam has become one of the most commonly reported phone scams that our Office has received. No governmental agency or legitimate business will call you up and demand an immediate payment by pre-paid debit card,? said Attorney General Janet T. Mills. ?If you receive one of these calls, do not answer any of their questions. Hang up the phone immediately.?

If you owe ? or think you owe ? federal taxes, call the IRS at 800-829-1040 or go to irs.gov. IRS workers can help you with your payment questions. The IRS doesn?t ask people to pay with prepaid debit cards or wire transfers, and doesn?t ask for credit card numbers over the phone. When the IRS contacts people about unpaid taxes, they usually do it by mail, not by phone.

Report IRS imposter scams to the Treasury Inspector General for Tax Administration (TIGTA) online or at 800-366-4484, and to the FTC at ftc.gov/complaint. ?Last year we also heard about a number of Mainers who when they filed with the IRS, discovered someone had fraudulently claimed their tax return already,? said Attorney General Mills. ?People should file early, always take steps to protect their private information and review their credit report yearly to see if there has been any unusual activity.?

One Maine resident recently recorded his interaction with a scammer claiming to be from the Internal Revenue Service. The call illustrates several tactics used by phone scammers. They claimed to be from an entity that the target is familiar with and who he has the potential to owe money to. When challenged about his authenticity, the scammer tried to reassure the target by giving a badge number in order to sound official. And finally, the payment could only be made by ?Green Dot Money Pak,? available at places like WalMart or drug store chains, and not by other means. The scammers are also not easily dissuaded; different people called repeatedly making the same claims in order to make him think they were legitimate.

Tax identity theft happens when someone files a phony tax return using your personal information ? like your Social Security number ? to get a tax refund from the IRS. It also can happen when someone uses your Social Security number to get a job or claims your child as a dependent on a tax return. Tax identity theft is the most common form of identity theft reported to the FTC.

Tax identity theft victims typically find out about the crime when they get a letter from the IRS saying that more than one tax return was filed in their name, or IRS records show they received wages from an employer they don?t know. If you get a letter like this, don?t panic. Contact the IRS Identity Protection Specialized Unit at 1-800-908-4490. Learn more at ftc.gov/taxidtheft.

If you have questions about these or other consumer matters, please contact the Consumer Protection Division of the Maine Attorney General?s Office at 1(800) 436-2131 or consumer.mediation@maine.gov .

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$1.375 billion multi-state settlement with Standard & Poor?s over credit rating practices leading up to 2008 financial crisis includes millions for Maine

February 4, 2015

(AUGUSTA) Attorney General Janet Mills has announced the largest ever one-time settlement in Maine history. The State of Maine filed papers Wednesday with the Superior Court settling the state?s complex lawsuit against Standard & Poor?s (S&P). The lawsuit, originally filed two years ago in Kennebec Superior Court, alleged that the credit ratings giant engaged in unfair and deceptive trade practices in connection with its ratings during the time leading up to the financial crisis of 2008. The settlement was negotiated in conjunction with the federal Department of Justice and 19 states and the District of Columbia. Maine will receive $21.5 million dollars for consumer protection efforts.

?Holding S&P accountable for these practices tells Wall Street we will not tolerate acts that deceive investors and devastate our economy,? said Attorney General Mills. ?As Attorney General I will continue to work to promote transparency and protect the integrity of our financial system. This settlement shows that banks did not act alone and that the Attorneys General of the states and of the United States together will pursue any entity that violates the public trust and stacks the deck against consumers and homeowners.?

The lawsuit alleged that S&P did not fully disclose to the investing public the fact that it had a financial interest in giving some investments high ratings. While touting its ratings to investors as ?independent and objective,? S&P was actually being paid for those ratings by the issuers (typically investment banks) of those complex investments such as residential mortgage backed securities (RMBS) and credit default options (CDOs).

A credit rating is an attempt to predict how likely it is that an entity that has borrowed money will pay it back. Without high ratings from credit rating agencies like S&P, investment opportunities like RMBS and CDOs could not have been sold because institutional investors will buy only highly rated investments. The lawsuit alleged that S&P allowed its ratings to be influenced by its desire to earn lucrative fees from investment bank clients.

RMBS were created by securitizing subprime mortgage loans. CDOs were created by repackaging and securitizing the already securitized RMBS. Because of S&P?s high ratings, investors eagerly purchased these RMBS and CDOs. This in turn led to the proliferation of low quality mortgages and a dramatic rise and fall in the housing market, with massive losses to the investors who purchased these products.

Attorney General Mills said her office has aggressively litigated and negotiated the case for two years. Initially S&P removed the case from Kennebec County to federal court in Maine. The case was then consolidated with cases in other states and transferred to the United States District Court for the Southern District of New York. The Attorneys General then litigated the case in New York for eight months until the federal court remanded Maine?s lawsuit back to Kennebec County, where S&P then tried unsuccessfully to have the case dismissed on jurisdictional grounds.

Attorney General Mills stated, ?The Maine Attorney General?s Office is not afraid to take on big business and big cases, to litigate and to win. This case provides a significant financial disincentive to financial players who might be tempted to skirt the law and it provides ongoing oversight by the Department of Justice and the Attorneys General.?

In addition to the financial settlement, S&P has agreed to facts acknowledging conduct related to its analysis of structured finance securities. S&P also agrees to cooperate with any request for information from any state expressing concern over a possible violation of state law for the next five years. The states retain authority to enforce their unfair trade practices laws if S&P engages in similar conduct in the future. The states and federal government are filing stipulated judgments, consent judgments or similar pleadings in their lawsuits in order to implement the terms of the settlement agreement and resolve all pending proceedings.

In August 2014 the United States Securities and Exchange Commission adopted new requirements for credit rating agencies that address conflicts of interest and procedures to protect the integrity and transparency of rating methodologies and that provide for certifications to accompany credit ratings attesting that the ratings were not influenced by other business activities.

The total settlement amount is $1.375 Billion. One half of the amount was paid the United States Department of Justice to settle its case. The other half was divided among the states that sued S&P. S&P is paying the Maine Office of the Attorney General $21,535,714.00, an amount commensurate with the economic harm caused by the company?s behavior and an amount which exceeds the profits from its activities, amounting to essentially a disgorgement of S&P?s ill-gotten gains. The state?s share will be directed toward consumer protection and education efforts.

Attorney General Mills praised the work of Assistant Attorney General Linda Conti, head of the Consumer Protection Division, who traveled to New York City a number of times and who spent hundreds of hours litigating the case in state and federal courts on behalf of the State of Maine.

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Spate of five baby deaths reviewed by the Maine Office of the Chief Medical Examiner renews warning against bed sharing with infants

February 20, 2015

(AUGUSTA) Chief Medical Examiner Mark Flomenbaum and Maine Attorney General Janet Mills are warning parents of young children against bed sharing with their infants.

Since early January, the Chief Medical Examiner has investigated the deaths of five babies, all under the age of four months. These deaths were caused by asphyxiation while sleeping, primarily from infants sleeping in the same bed as their parents. All five deaths were determined to be accidental.

?I have never before seen such numbers in my 23-year long career,? Dr. Flomenbaum stated. ?These tragedies are easily preventable. Whether it is a desire to snuggle in cold weather or to comfort or be comforted by the infant, it is false comfort when the adult falls asleep and accidentally asphyxiates that tiny child.?

?The first weeks and months of being a parent can be exhausting, but I urge parents to heed the advice of experts and adhere to safe sleep practices,? Attorney General Mills said. ?The temptation to get a quick nap or to provide warmth is also an opportunity for smothering a baby quite unintentionally. Please, please, do not have your infant sleep with you. Each child is a precious and fragile being and should be treated with great care.?

The American Academy of Pediatrics (AAP) has warned against sharing a bed or couch with an infant, noting that 10-12 babies die in unsafe sleep circumstances in Maine every year. ?Five deaths of otherwise healthy children in less than two months is a terrible trend and a warning that not all parents are getting the message,? stated Dr. Flomenbaum.

In ?A Parents? Guide to Safe Sleep,? the AAP states that the safest place for a baby to sleep is in a crib or bassinet in the room where the parent sleeps but not in the parent?s bed. Experts also recommend placing babies to sleep on their backs during naps and at nighttime, rather than on their sides or stomachs, and without stuffed animals, pillows or other items that could stifle the child?s breathing.

?It is tempting to curl up with a baby in bed. But please resist that temptation. Don?t cuddle your child to death,? Dr. Flomenbaum cautioned.

The Chief Medical Examiner has conducted examinations of the five babies noted here. All five deaths were determined to be accidental and no further action will be taken.

For more information: http://www.nichd.nih.gov/publications/pubs/Documents/SafeSleepBaby_English.pdf

http://www.cdc.gov/features/sidsawarenessmonth/

http://www.nichd.nih.gov/sts/materials/Pages/default.aspx - parents

http://www.healthychildren.org/English/ages-stages/baby/sleep/Pages/A-Parents-Guide-to-Safe-Sleep.aspx

http://www.medicalnewstoday.com/articles/279572.php

http://www.maineaap.org/build/img/2015/02/Safe_sleep1.pdf

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Report of the Attorney General on the Use of Deadly Force By State Police Trooper on August 3, 2014, in Lagrange

March 9, 2015

Synopsis

On August 3, 2014, Lewis Conlogue, age 49, was shot and killed in Lagrange by Sgt. Scott Hamilton of the Maine State Police. The Office of the Attorney General investigated the incident to determine whether the officer was acting in self-defense or in defense of someone else at the time he used deadly force.

Facts

During the afternoon of Sunday, August 3, 2014, DanaRae Conlogue called 911 and reported that her husband, Lewis Conlogue, was threatening to shoot himself with a handgun in the parking lot of a restaurant no longer in business on the Bennoch Road in Lagrange. She and her husband were driving to their home in Lagrange when they started arguing. When Mr. Conlogue threatened to jump from the moving vehicle if his wife did not stop the car, Mrs. Conlogue pulled into the closed restaurant?s parking lot and stopped. Mr. Conlogue got out of the car with a gun to his head and said, ?You do not want to see what I?m going to do.? As Mr. Conlogue walked away from the car, his wife followed him in an attempt to reason with him. He made other statements to the effect that he could never do anything right, and he handed her a flower with blood on it and told her it was his DNA. Mrs. Conlogue told the 911 operator that her husband recently consumed four or five pills of a medication prescribed to him for an anxiety disorder.[1] As law enforcement officers were dispatched to the call, Mrs. Conlogue, following instructions of the emergency dispatcher, removed the ignition key from the car and retreated to a position of safety.

State Police troopers and Penobscot County deputy sheriffs were dispatched. Three troopers who arrived at the location positioned themselves across the street from Mr. Conlogue, who was still in the parking lot.[2] While the troopers could observe Mr. Conlogue?s movements from their vantage points, one of the troopers was equipped with binoculars and able to provide a running account of Mr. Conlogue?s movements to the other officers. Mr. Conlogue was seen holding a small semi-automatic pistol to his head. Efforts at that point to persuade Mr. Conlogue to relinquish the firearm were unsuccessful. The attempts were, for the most part, met with agitation by Mr. Conlogue who responded to the officers with expletives. While several other officers were present, Mr. Conlogue eventually focused almost exclusively on the three troopers across the road, having indicated his knowledge of their presence by pointing at each trooper. Each time the troopers changed positions, Mr. Conlogue similarly gestured to indicate he was aware of their presence.

As the event progressed, Mr. Conlogue became more agitated. He went to his parked car from which he removed a large knife that he slid into a back pocket. He was also observed ingesting what appeared to be medication. As the sun set behind the three troopers, Mr. Conlogue donned sunglasses and leaned over the hood of the car where he rested his chin in his right hand with the handgun in his left hand still pointed to the side of his head. He then moved the gun from his head and pointed it towards the three troopers. In the meantime, Penobscot County deputy sheriff William Sheehan tried repeatedly to persuade Mr. Conlogue to relinquish the firearm. When Mr. Conlogue pointed the gun in the direction of the three troopers, he was told to put the gun down but refused. His only response was to pick up a magazine for the gun. The trooper with the binoculars reported that he could see that the magazine was loaded. Mr. Conlogue stood the magazine on end on the hood of the car. Deputy Sheehan, using a loud speaker system, instructed Mr. Conlogue to stop pointing the gun at the troopers, and to unload it and put it down. Mr. Conlogue ignored the deputy?s commands.

Mr. Conlogue then started raising the gun up and lowering it, all the time pointed in the direction of the troopers across the road. Observing these actions, the troopers became increasingly concerned; the trooper with the binoculars could see the barrel of the gun pointed in the direction of the three troopers each time Mr. Conlogue raised and lowered the gun and recognized that Mr. Conlogue could pull the trigger at any moment. Mr. Conlogue was again told to put the gun down and to stop pointing it at the troopers. Again, he refused to comply with the instruction.

State Police Sgt. Scott Hamilton, a patrol supervisor and assistant commander of the State Police Tactical Team, arrived at the location about an hour after the 911 call. He was armed with a rifle. He requested that members of the State Police Crisis Negotiation Team respond to the scene. Sgt. Hamilton could see Mr. Conlogue walking around the parking lot with a handgun to his head. Further attempts were made by Deputy Sheehan to convince Mr. Conlogue to relinquish the gun and accept help from the officers. These attempts failed. At the scene for more than two hours, Sgt. Hamilton eventually took up a position later determined to be some 413 feet from Mr. Conlogue. He heard Deputy Sheehan warning Mr. Conlogue not to point his gun at the troopers across the road and to put the gun down. Mr. Conlogue continued to alternately hold the gun to his head and point it in the direction of the troopers. Sgt. Hamilton became increasingly concerned for the safety of the several officers now on the scene and particularly the three troopers across the road when he learned that none of them could safely retreat from or change their positions because of the threatening actions of Mr. Conlogue. He observed Mr. Conlogue holding the gun to his head and, when Mr. Conlogue again pointed the gun at the troopers across the road, Sgt. Hamilton fired one round from his rifle at Mr. Conlogue. The bullet struck Mr. Conlogue, resulting in a fatal injury. It was 3? hours since the call to 911, and about three hours since the arrival of the first officers.

Mr. Conlogue was wearing a wrist watch. A fully-loaded pistol magazine for the .22 caliber handgun with which he was armed was tucked between the watchband and the underside of his left wrist. It was also discovered that sometime during the course of the standoff, Mr. Conlogue had written in ink on his right arm, ?I can?t do anything right.?

Contemporaneous with Sgt. Hamilton firing his weapon, two other troopers, independent of Sgt. Hamilton?s decision to shoot and independent of one another, made a decision to shoot Mr. Conlogue but did not carry through. One of these troopers was positioned next to Sgt. Hamilton, made similar observations, and heard the same reports of Mr. Conlogue?s movements with the gun. The second trooper was one of the three across the road from Mr. Conlogue and was actually pulling the trigger on his gun when Mr. Conlogue was shot by Sgt. Hamilton.

A postmortem examination by Chief Medical Examiner Mark Flomenbaum determined that Mr. Conlogue died as a result of a single gunshot wound.

Analysis and Conclusion

The Attorney General is charged by law with investigating any incident in which a law enforcement officer uses deadly force while acting in the performance of the officer's duties. 5 M.R.S. ?200-A. The only purpose of the Attorney General?s investigation of the incident in Lagrange on August 3, 2014, was to determine whether self-defense or the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution of Sgt. Hamilton for causing the death of Mr. Conlogue. The review did not include an analysis of potential civil liability, of whether any administrative action is warranted, or of whether the use of deadly force could have been averted.

Under Maine law, for any person, including a law enforcement officer, to be permitted to use deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

By law, whether the use of force by a law enforcement officer is reasonable is based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Attorney General Janet T. Mills has concluded that at the time Sgt. Hamilton shot Mr. Conlogue, Sgt. Hamilton reasonably believed that unlawful deadly force was imminently threatened against him and other persons within range of the weapon brandished by Mr. Conlogue. It was reasonable for Sgt. Hamilton to believe it necessary to use deadly force to protect himself and others from the imminent threat of deadly force. Sgt. Hamilton acted in defense of himself and others who were within range of and in the line of fire of Mr. Conlogue?s gun. The Attorney General?s conclusions are based on an extensive scene investigation, on interviews with numerous individuals, and on a review of all evidence made available from any source.

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Maine Supreme Judicial Court Upholds Authority of the Attorney General

March 10, 2015

(AUGUSTA) The Maine Supreme Judicial Court issued an advisory opinion today that the Attorney General has the authority to direct litigation on behalf of the State of Maine in the vast majority of cases.

?We are pleased with the Opinion of the Justices. There are no surprises here. The statute and the common law are clear. The Justices upheld and reinforced the independence, integrity and professionalism of the Office of the Maine Attorney General, including the ability to oppose a position that is not in the public interest,? stated Attorney General Janet T. Mills.

?We recognize the independence of the Attorney General?s Office,?as well as the authority of that office to oppose the Executive Branch in litigation,? the Justices stated.

?This Attorney General intends to uphold that historic independence and those longstanding values in the public interest for as long as I hold office,? said Mills.

The Justices declined to answer the Governor?s first question because the statute is unambiguous ? all requests to hire outside counsel must be approved by the Attorney General.

The Justices did say that in the unusual case in which the Attorney General intervenes in the public interest in opposition to the administration, the Attorney General would not continue to manage or direct outside counsel. ?We have never disagreed with that proposition. That is why, when the administration asked us for advice, we told them what it might cost to pursue a petition for certiorari, without setting a cap on fees or in any way telling them what to do,? said Attorney General Mills.

?Fundamentally, however, the Justices have refused the Governor?s request to destroy the core principle reflected in our Constitution and case law that it is the Maine Attorney General who is responsible for determining the voice of the public interest in the courts of Maine,? stated Mills.

?Essentially, the Governor and I are in violent agreement: He wants a lawyer, and I want him to have one. He wants to pay for it, and I want him to pay for it. If anything, this is merely a discussion over how much to pay his lawyers, and that was hardly a cause for the intervention of the third branch of government,? said Mills.

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AG?s Task Force Calls for Changes in Investigation and Prosecution of Crimes Against the Elderly

March 11, 2015

(AUGUSTA) The Maine Attorney General?s Task Force on Financial Crimes Against the Elderly is calling for changes in state law to protect Maine?s seniors. A report issued today highlights the issue of financial exploitation of the elderly and the challenges faced by Maine?s law enforcement agencies when called upon to investigate these crimes. The report also makes several suggestions to improve state laws to better address the issue.

The United States Department of Justice estimates that one in nine people over the age of 60 will be abused or exploited this year, or an estimated 33,000 victims of elder abuse in Maine alone. Older adults who are abused or mistreated are three times more likely to die within the next decade after the abuse than are adults in the same age group not subject to abuse.

Attorney General Mills said, ?Maine?s senior citizens are a vital part of our community. They have worked hard and they deserve respect and protection. Their financial and physical security should be our highest priority. We need to put out the welcome mat to seniors on the steps of our police stations, district attorney offices, sheriff departments and our courthouses. This report makes some common-sense recommendations to improve the statutes and improve the prosecution of these crimes.?

For instance, people need to know that a power of attorney is not a license to steal. Better training will reinforce this basic principle.

The Task Force identified a number of barriers to prosecution, including a perception among criminal justice professionals that financial exploitation is a family or civil issue; a lack of training in handling financial crimes against the elderly; and an inadequate legal framework for prosecuting elder financial exploitation.

Financial exploitation causes economic losses for businesses, families, elders, and government programs. Robbing individuals of their property not only increases the victim?s reliance on public assistance programs but also creates stress and a loss of dignity that has profound consequences on the victim?s mental and physical health. Making matters worse is the fact that often the perpetrator of this behavior is a family member, caregiver or someone who has a relationship of trust with the older adult.

?Maine?s population is ?greyer? every year and we have no reason to believe that crimes against the elderly will go away anytime soon,? said Assistant Attorney General Leanne Robbin, a senior fraud prosecutor in the Attorney General?s Office and Task Force Chair. ?The Task Force talked about what makes a successful case and what the barriers are. Something as simple as giving cases involving elderly victims priority on the court docket will go a long way to ensuring that justice is done.?

The Task Force is making a number of recommendations to improve the prosecution of crimes against the elderly, including statutory changes, changes in judicial case management, changes in staffing, and specialized training for law enforcement personnel, prosecutors and the judiciary.

?It is very difficult for someone to admit that someone they trusted stole from them,? said Jaye Martin, Esq., Executive Director of Legal Services for the Elderly, who provided research and staffing support to the Task Force. ?We need to be sure that when crimes against the elderly are reported, law enforcement, prosecutors and the courts are trained to respond in an effective manner. I am pleased with the work of the Task Force and I urge the legislature to heed these recommendations.?

The Attorney General?s Task Force was convened in January 2014 and is a partnership between prosecutors in the Attorney General?s Office, District Attorneys, members of law enforcement agencies, the Department of Health and Human Services, the Maine Court System and Legal Services for the Elderly.

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Supporting documents

AGsFinancialExploitationTFReport

Jury finds Falmouth man guilty of tax fraud

March 20, 2015

AUGUSTA, Maine ? Attorney General Janet Mills announced today that a Cumberland County jury found John M. Kendall, 66, of Falmouth, guilty after a six-day trial on numerous counts related to tax evasion. Assistant Attorney General Gregg Bernstein tried the case for the State of Maine. Kendall committed these crimes in his capacity as President of Chipco International, a now closed poker chip manufacturing company which did business in Yarmouth. Kendall was found guilty on all eight counts, including theft by misapplication of withholding taxes, conspiracy to commit withholding tax evasion, failure to truthfully collect, account, or pay over withholding taxes, and making a false statement in a Maine income tax return.
From late 2007 through the end of 2012, Chipco International withheld the income taxes from the wages of its employees. Rather than pay over these withholding taxes to both federal and state tax authorities, Kendall diverted the funds to pay for business and personal expenses, including the mortgage on his Falmouth residence, legal fees for his personal bankruptcy, and dues and expenses at the two country clubs to which he and his wife belonged. Kendall also conspired with one of his finance employees to evade payment of withholding taxes by paying certain management employees ?off the books,? thereby concealing the company?s withholding tax obligation. Finally, Kendall falsely underreported his income on his personal 2009 Maine income tax return. Six other employees of the former Chipco International previously pled guilty to theft of unemployment benefits or income tax evasion, offenses committed when Kendall facilitated the payment of these employees ?off the books? on a number of occasions from 2009 through 2011. Kendall used the unemployment benefits to maintain payroll for these employees when the company?s cash flow was disrupted in part by the many debts it owed to various creditors and vendors. The employees were encouraged to apply for unemployment benefits while in fact they continued to work at Chipco and were paid ?off the books? an additional amount. The jury returned the guilty verdict on Tuesday, March 17 and Kendall is currently free on bail pending his sentencing, which is expected to be scheduled in 30 to 45 days before Cumberland County Superior Court Justice Thomas D. Warren. Kendall faces up to 10 years in prison and the payment of restitution still owed to the State. This case represents a cooperative investigation by the Office of the Attorney General, the Criminal Investigative Unit of Maine Revenue Services and the Maine Department of Labor.
Of the approximately $165,000 of Maine state withholding taxes which Chipco withheld from its employees from late 2007 through the end of 2012 but failed to pay over as required, Maine Revenue Services was able to recover approximately $110,000, leaving the balance for the State to seek as restitution from Kendall when he is sentenced. The 6 employees who pleaded guilty to theft of unemployment benefits or tax evasion owed approximately $110,453.20 in total restitution, which includes the taxes which were not withheld when they were paid ?off the books.? They all cooperated with the State to resolve their cases quickly. These employees have paid back approximately $47,100 in restitution pursuant to continued payment plans. ?Employers are entrusted with the obligation to deduct withholding taxes from their employees and to turn those taxes over to the IRS or Maine Revenue services. The employer?s responsibility to handle these funds truthfully and responsibly is crucial to the financial operation of our State.? Mills said. ?My office will vigorously prosecute those individuals who would abuse this trust by illegally diverting the taxes to enrich themselves or finance their business operations.?
Attorney General Mills praised the work of Assistant Attorney General Gregg Bernstein and the collaboration with Russell Veysey, a senior investigator with Maine Revenue Service?s Criminal Investigation Division, who conducted the investigation along with The Maine Department of Labor who assisted in the investigation of unemployment benefits theft.

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Attorney General Announces Consumer Settlement against ?Bath Fitter?

March 26, 2015

(AUGUSTA) Attorney General Janet T. Mills announced today that the Maine Office of the Attorney General has settled a case against National Bath Systems, LLC, d/b/a Bath Fitter (?Bath Fitter?), of Portland, Maine. The complaint alleged violations of the Maine Unfair Trade Practices Act.

Attorney General Mills alleged that Bath Fitter engaged in unlicensed plumbing activities, used non-conforming construction contracts, installed plumbing before a plumbing permit issued, misrepresented employees? license status, and engaged in plumbing installations that may violate the Maine State Internal Plumbing Code. As part of the settlement, Bath Fitter will comply with Maine law. The consumer complaint initiating this case was made through the Maine Office of Professional and Occupational Regulation.

The settlement was reached by consent judgment, which prohibits certain activities and requires a penalty of up to $750,000 with a portion of that sum suspended for the duration of the probationary period.

Upon timely request by any homeowner with a Bath Fitter plumbing installation, Bath Fitter will provide a free inspection of the installation by an independent licensed plumber to determine compliance with the plumbing code. If the plumbing does not comply with the code, permits and corrections will be made at no cost to the consumer. Consumers have until September 1, 2015 to request an inspection.

If you have a Bath Fitter installation in your home and wish a free inspection for compliance, please call Bath Fitter at 1-855-798-4646.

Attorney General Mills stated ?We are pleased that this company agreed to comply with our laws, provide work by licensed plumbers when appropriate, and ensure their installations are in full compliance.?

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Report of the Attorney General on the Use of Deadly Force by Mexico Police Officer and State Police Trooper on August 17, 2014, in Mexico

April 13, 2015

Synopsis On August 17, 2014, Steven Piirainen, 52, was shot and killed in an exchange of gunfire with police officers in Mexico, Maine. The Office of the Attorney General investigated the incident to determine whether the officers acted in self-defense or in defense of others at the time they used deadly force. The facts in this case support a finding of self-defense. Facts

Late in the afternoon of Sunday, August 17, 2014, Steven Piirainen arrived at the Passenger Rail Restaurant & Bar in Norway, Maine. He ordered a shot of whiskey, drank it quickly, and sat at the bar talking with the bartender, who was a friend of his. He asked to borrow her car but was turned down because the bartender knew Mr. Piirainen?s driver?s license was suspended. However, she offered to give him a ride. Mr. Piirainen went outside while the bartender asked permission from the owner of the restaurant to leave early so she could give Mr. Piirainen a ride. The restaurant owner looked out the window and saw Mr. Piirainen walking towards the owner?s own pickup truck. He remembered that he had left the keys in the ignition of the truck, so he quickly left the building to get his keys, only to see Mr. Piirainen getting into his pickup.

The owner ran toward the vehicle, yelling at Mr. Piirainen to get out of his truck. He grabbed the driver?s door handle but the door was locked.1 The owner jumped into the bed of the truck as it sped out of the parking lot with Mr. Piirainen at the wheel. The owner pounded on the rear window, yelling at Mr. Piirainen to stop. He saw that Mr. Piirainen was holding a pistol in his right hand and watched as Mr. Piirainen pulled the slide of the pistol back, released it,2 and pointed the gun back toward him in the bed of the truck. The owner dropped to a prone position in the bed of the truck as Mr. Piirainen fired the gun.3 As the vehicle turned onto another street about a half mile from the restaurant, the owner jumped out of the bed of the truck.

State Police Trooper Jason Wing, in the area on an unrelated matter, saw the stolen truck approach the intersection at a high rate of speed. He saw a man jump out of the bed of the truck onto the roadway as the truck turned onto Alpine Street. Trooper Wing, driving a marked State Police cruiser, tried to catch up to the truck but was unsuccessful. He went back to the intersection to offer aid to the man who had jumped from the truck and learned that Mr. Piirainen had stolen the truck and that Mr. Piirainen had shot at the owner after he jumped into the bed of the truck as it was fleeing. Trooper Wing alerted the State Police and the Oxford County Sheriff?s Office.

About 15 minutes later, Mr. Piirainen, still driving the stolen pickup truck, arrived at his mother?s residence in South Paris where he had been living. Seeming to be in a hurry, he ignored questions from his mother about the pickup truck, went into the basement, and quickly returned holding a flannel shirt that appeared to be concealing an object of some sort. Mr. Piirainen told his mother, ?I have to get out of here,? and he drove away in the truck.

Forty minutes after leaving the residence in South Paris, Mr. Piirainen drove the stolen pick-up truck up to the gas pumps at a gas station in North Jay. A teenage attendant noticed that the vehicle?s fuel hatch was open and its fuel cap was hanging. As the attendant approached the vehicle, the driver got out and walked toward the vehicle?s fuel hatch. The attendant, suspecting that the driver did not know that the facility was a full service station, spoke to the driver who asked for $20.00 worth of gasoline. The driver returned to the vehicle and the attendant finished pumping the gas. As the attendant approached the driver?s side of the vehicle for payment, the vehicle sped off. The attendant recorded the license plate of the vehicle and the police were notified of the theft of the gasoline. A dispatcher at the Franklin County Regional Communications Center (RCC) recognized the suspect vehicle as the one reported stolen in Norway and notified surrounding police agencies.

Dixfield Police Officer Dustin Broughton was aware of the armed vehicle theft in Norway and was aware that the suspect had shot at the vehicle?s owner in the bed of the truck. He also knew at this point that the suspect vehicle was the same as the one involved in the ?gas drive-off? in North Jay and that the vehicle was last seen traveling on U.S. Route 4 in the direction of U.S. Route 2. 4 Officer Broughton drove to Route 2 and turned east. Within minutes, he observed the suspect vehicle heading west on Route 2. Officer Broughton turned around to pursue the vehicle and activated the cruiser?s emergency lights and siren, and the suspect vehicle pulled over and stopped. 5 Officer Broughton stopped, but when he got out of his cruiser, the vehicle drove off. The Piirainen vehicle continued west on Route 2 at a lawful speed, slowing down as it traveled into downtown Dixfield.

State Police Trooper Paul Casey was on Route 2 and joined the pursuit behind Officer Broughton. As the chase approached the Mexico town line, a Mexico officer, Dean Benson, joined the pursuit. Officer Benson became the third cruiser in line behind Trooper Casey. All three cruisers were displaying blue lights and sounding sirens. Meanwhile, Rumford Police Sergeant Douglas Maifeld prepared to deploy a spike mat 6 on a straight stretch of road in Mexico. As the pickup truck got closer, Sergeant Maifeld deployed the spike mat across Route 2. The truck drove directly over the spike mat, and at that moment, Trooper Casey, who was overtaking Officer Broughton?s cruiser, saw Mr. Piirainen fire his pistol through the closed passenger window of the truck in the direction of Sgt. Maifeld.7 Trooper Casey and Officer Benson, in their separate cruisers, overtook Officer Broughton?s cruiser and continued the pursuit. Trooper Casey reported that the spike mat deflated a tire on the suspect vehicle. Officer Broughton resumed the lead in the pursuit, followed, respectively, by Trooper Casey and Officer Benson.

The suspect vehicle traveled just under a mile on the deflated tire. As it approached the Circle K gas station on Main Street in downtown Mexico, the vehicle stopped abruptly in a diagonal position across the roadway, partially blocking both travel lanes and ending the chase.8 Officer Broughton came to an abrupt stop in the opposite (eastbound) lane of travel. Officer Benson, who had also driven his cruiser into the opposite lane of travel, which placed him directly behind Officer Broughton, was unable to stop his cruiser in time and crashed into the rear of Officer Broughton?s cruiser. The combination of the crash and hitting his head momentarily disoriented Officer Broughton. He immediately heard gunshots coming from the suspect vehicle and heard the bullets striking his police vehicle. Officer Broughton ducked behind the dash of his cruiser for protection. At one point, he saw a bullet strike the lower right hand corner of his windshield.9 He also heard gunshots coming from behind him and assumed that Officer Benson and Trooper Casey were shooting at the suspect. He waited for the shooting to stop before getting out of his cruiser.

The collision between the two cruisers caused the airbag in Officer Benson?s cruiser to deploy and strike Officer Benson in the face. He was momentarily dazed and unable to see out of the windshield, but he heard gunfire and concluded that Mr. Piirainen was firing at him and the other officers. Fearful that a bullet would penetrate his cruiser?s windshield, Officer Benson got out of the cruiser with his patrol rifle. He believed at the time that Officer Broughton was either pinned down in his cruiser or that he had been shot. Officer Benson went to the rear of Officer Broughton?s cruiser and fired at Mr. Piirainen. Officer Benson saw Mr. Piirainen in the pickup and heard gunfire coming from that location. Officer Benson also heard gunfire coming from Trooper Casey?s direction, which was behind and to the right of his position.

After seeing the suspect vehicle ?screeching down the road,? turning to the left and stopping in the center of the roadway, Trooper Casey stopped his cruiser in the westbound lane, parallel to Officer Benson?s cruiser in the eastbound lane. He heard multiple gunshots and determined that the gunshots were coming at him and at the other officers from the now motionless pickup truck. He heard bullets striking the cruisers, and he observed a round penetrate the windshield on the passenger side of his own cruiser. 10 Trooper Casey ?rolled? from his cruiser onto the pavement. He did not have time to place the cruiser in park, and the cruiser moved forward and made contact with the Mexico cruiser. Trooper Casey crawled back into his cruiser to get his rifle. He then moved to the rear of his cruiser from where he could see Mr. Piirainen leaning almost to his waist outside the window of the pickup truck driver?s door. 11 He fired at Mr. Piirainen, who retreated into the cab of the pickup truck. Trooper Casey moved to another location with an improved vantage point. The suspect vehicle remained at the center of the street.

As more police officers arrived and attempted to communicate with Mr. Piirainen, Trooper Casey maintained his position from where he could see Mr. Piirainen?s left arm moving near the driver?s side window. The attempts to communicate with Mr. Piirainen continued for approximately 30 minutes after the exchange of gunfire. During this time, at least one citizen witness heard the police telling Mr. Piirainen that they knew he was injured and urging him to surrender. The witness saw Mr. Piirainen display a middle finger and spin the rear tires of the truck until white smoke engulfed the area. This motion resulted in the pickup truck moving forward and coming to rest against a guard post near the fuel pumps of the Circle K gas station.

When more attempts to communicate with Mr. Piirainen got no response and no further movement was seen inside the cab of the truck for some time, officers approached the vehicle and found that Mr. Piirainen was dead. The next day, Dr. Mark Flomenbaum, the state?s chief medical examiner, conducted a postmortem examination and autopsy. He determined that Mr. Piirainen died from two gunshot wounds to the chest and neck from rounds fired by Trooper Casey. The examination also disclosed three superficial gunshot injuries to the skin of the back from rounds fired by Officer Benson. Toxicology results determined Mr. Piirainen?s blood-alcohol content to be 0.128%. Narcotic drugs commonly prescribed for pain, and psychoactive drugs commonly prescribed for anxiety and depression were also present in his system.

The gun used by Mr. Piirainen was a 9mm Czech-made semi-automatic pistol. When retrieved from the floor of the front passenger?s seat of the pickup truck, it was charged and contained nine rounds in the magazine. An empty magazine was on the floor of the truck. Also in the cab of the pickup truck were two boxes of 9mm ammunition and 37 additional loose live rounds on the seat and floor of the truck.

Mr. Piirainen, a convicted felon who was prohibited by state and federal law from possessing a firearm, had an extensive criminal history dating back to 1979, including convictions in Maine for robbery, burglary, criminal mischief, aggravated assault, violation of a protection order, domestic violence assault, several convictions for theft, and the commission of various crimes that resulted in either probation or bail being revoked. At the time of the events of August 17th, Mr. Piirainen was on probation as a result of a conviction for domestic violence assault in March 2014. He was also on bail as a result of an arrest in Norway on July 30, 2014, for aggravated criminal mischief, theft, burglary of a vehicle, and criminal trespass. He violated probation by not reporting that arrest to his probation officer. In addition, Mr. Piirainen was driving on a revoked operator?s license, having been declared a habitual offender in March 2014, with a record of 25 motor vehicle violations.

Discussion, Analysis and Conclusion

The Attorney General is charged by law with investigating any incident in which a law enforcement officer uses deadly force while acting in the performance of the officer's duties. 5 M.R.S. ?200-A. The investigators in the Office of the Attorney General are independent and are unaffiliated with any of the departments involved in the incident of August 17, 2014.

The purpose of the Attorney General?s investigation of the incident in Mexico on August 17, 2014, was to determine whether self-defense, including the defense of others, as defined by law, was reasonably generated by the facts so as to preclude criminal prosecution of the officers who shot Mr. Piirainen. The review did not include an analysis of potential civil liability, of whether any administrative action might be warranted, or of whether the use of deadly force could have been averted.

Under Maine law, for any person, including a law enforcement officer, to be permitted to use deadly force in self-defense or the defense of others, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat.

By law, whether the use of force by a law enforcement officer is reasonable is based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Attorney General Janet T. Mills concludes that at the time Officer Benson and Trooper Casey shot Mr. Piirainen, they reasonably believed that unlawful deadly force was being used against them and other persons within range of the weapon brandished by Mr. Piirainen. It was reasonable for each officer to believe it necessary to use deadly force to protect himself and others from deadly force. The Attorney General?s conclusions are based on an extensive forensic investigation, on interviews with numerous individuals, and on a review of all evidence made available from any source. All facts point to the conclusion that the officers in this case acted in self-defense.

It is beyond the scope of this report and beyond the authority and expertise of this office to determine Steven Piirainen?s motivations, his state of mind, or the medical or psychological underpinnings of his behavior and actions on August 17, 2014.

1 The particular model includes a feature that automatically locks the doors when the vehicle is placed in gear.

2 This action is consistent with chambering a round from the magazine thus making the weapon ready to fire.

3 Later examination of the truck revealed a bullet hole through the roof of the cab.

4 Route 4 intersects with Route 2 and leads into Dixfield. Route 2 is a major east-west highway in Maine, extending from Gilead on the New Hampshire border to Houlton on the Canadian border. It is heavily traveled, particularly in the summer months, includes significant truck traffic, and passes through dense residential and commercial sections of towns in Oxford County and southern Franklin County, including Mexico and Dixfield.

5 The location of the traffic stop on Route 2 was about 16 miles or about 20 minutes travel time from the gas station in North Jay.

6 A portable tire deflation device consisting of hollow spikes that puncture and slowly release air from tires and that is deployed and retracted manually.

7 Sgt. Maifield, occupied with retrieving the spike mat from the roadway to allow the cruisers to pass, did not realize that Mr. Piirainen had shot at him. However, video recorded at the time by his cruiser camera clearly shows Mr. Piirainen raise, point, and fire the gun at him.

8 The total distance of the pursuit on Route 2 from Dixfield to Mexico was about 7.5 miles.

9 Later investigation revealed that this round entered the cruiser and struck the back of the front passenger seat.

10 the 9mm spent round was later found inside the cruiser.

11 This observation was also made by several citizen witnesses and supported by evidence collected at the scene.

Attorney General Mills sponsoring anti-heroin PSA featuring father of OD victim from Maine

April 24, 2015

(AUGUSTA) Maine Attorney General Janet T. Mills is sponsoring a Public Service Announcement (PSA) campaign aimed at Maine?s heroin epidemic. The one minute PSA [ https://vimeo.com/41740655 ] features Henry ?Skip? Gates, a resident of Skowhegan. His son William Gates was an accomplished downhill ski-racer and a molecular genetics student at the University of Vermont at the time of his fatal heroin overdose in 2009.

?Skip Gates? story is very painful and very compelling,? said Attorney General Mills. ?When families see the ad it is my hope that it will spark a conversation about the risks posed by heroin and other opiates. These drugs are in all of our communities and Skip shows us that it is not just the ?typical addict? that is dabbling with and dying from this poison. Trying opiates just once can kill you or lead to a lifetime of miserable addiction. It is that simple.?

Gates has been the focus of a documentary ?The Opiate Effect? that tells his story and he has spoken to high school students around the Northeast about the impact his son?s death has had. Gates urges the students to think twice about using heroin even once. Schools or organizations interested in hosting Skip Gates for a presentation of ?The Opiate Effect? can contact Heather Putnam with the United States Attorney?s Office to schedule a visit.

The State of Maine saw a sharp rise in drug overdoses that were largely attributable to pharmaceutical opiates beginning in 2002. In recent years as the availability of pharmaceutical opiates has decreased, cheap heroin has flooded the state to fill the market with deadly consequences. In 2013 the overall number of accidental drug overdoses in Maine was high, but relatively steady. However the percent of those deaths that were heroin related jumped from just 4 percent of the total in 2010 to almost 20 percent of the total in 2013. Incomplete data on 2014 suggests that the number of heroin-related deaths will increase again.

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Maine files Civil Rights complaint against brothers for Portland assault

April 27, 2015

AUGUSTA, Me ? Attorney General Janet Mills announced today that she has filed a complaint in Portland Superior Court under the Maine Civil Rights Act against Benjamin W. Bean and Charles J. Bean for an assault they perpetrated against a Portland man on April 19.
The Attorney General?s complaint alleges that the victim was singled out from a crowd and attacked because of his skin color. The two Bean brothers were fighting with another man when a crowd gathered around. The victim was in the crowd when Charles Bean yelled at the victim, ?What are you [expletive] looking at, [expletive] N?er.? The two brothers broke off from the first fight and rushed toward the victim, knocked him down and punched and kicked him. During the assault racial slurs were directed at the victim by both Charles and Benjamin Bean and they threatened to kill him because of his race, stating that they ?know where he lives.?
?This behavior is absolutely outrageous and has no place in our society,? said Attorney General Mills. ?We will protect the right of every Mainer to enjoy the rights and privileges afforded to them under the Maine and US Constitutions without interference based on the color of their skin.?
Under the Maine Civil Rights Act the Attorney General is seeking an injunction to permanently enjoin the Bean Brothers from having contact with the victim and his family or encouraging others to commit acts against the victim or his family. The Maine Civil Rights Act provides that all people have the right to engage in lawful activities without being subject to actual or threatened physical force, violence or property damage motivated by bias against race, color religion, sex, ancestry, national origin, physical or mental disability or sexual orientation. The law further authorizes the Attorney General to file an action against any person who intentionally interferes or attempts to intentionally interfere in such rights through the use or threatened use of violence or property damage. The Bean brothers have 20 days from the date of service of the complaint to file a written response with the Superior Court. The Attorney General?s civil complaint is separate from any criminal charges the two Bean brothers face for the attack. The Attorney General expressed appreciation to the Portland Police Department for their cooperation in investigating this matter.

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Attorney General?s Approval of Agency Rules Provides Sensible Check on Run-Away Bureaucracy

May 6, 2015

(AUGUSTA) Attorney General Janet Mills praised the work of the Office of the Attorney General to ensure that the rules that state agencies write are of the highest quality and legally defensible. In response to the Governor?s call to eliminate the role of the Office of the Attorney General in approving agency rules, Attorney General Mills issued the following statement:

?The Attorney General?s role in giving final approval as to ?form and legality? to an agency?s rulemaking has been in Maine law for more than five decades, through the terms of eight different governors and twelve Attorneys General.?

?Over the past 4 years, the Office of the Attorney General has reviewed and approved app. 1,500 rules originating from app. 50 different state agencies, boards and commissions. In many cases, an Assistant Attorney General has offered improvements and corrections to the rules to make them legally defensible and consonant with legislative intent and constitutional principles?.

?These reviews are done by longstanding nonpartisan professional staff in the Attorney General?s Office who have extensive experience with the Administrative Procedures Act and who do their job without passing judgment on the policies behind the rules.?

?In some cases, these attorneys have pointed out fatal flaws in the rulemaking process, such as failure to notify the public, violations of federal law, lack of statutory authority, and constitutional defects. Addressing these flaws has kept the state from being sued, has maintained the integrity of state government, and important checks and balances in the system and has saved the public purse from substantial losses.?

?Without this critical role of the Attorney General, agency employees could promulgate rules inartfully and without due process or any deference to the legislature?s will. The role of the Attorney General then is quite different from that of an attorney in the private sector. Failure to adhere to the advice of the Attorney General in this context results in the executive branch single-handedly creating policies that have the force of law, but without proper legislative or constitutional authority. The constitutional separation of powers demands this scrutiny of the executive branch?s actions.?

?The current rulemaking process allows for a better final product that is more likely to withstand legal scrutiny. For instance, a few months ago the Department of Health and Human Services wished to promulgate a rule regarding drug testing of felons who apply for TANF benefits. Similar policies had been overturned by federal courts around the country. Rather than tell the Department it could not adopt the rule, the Attorney General?s Office reviewed the case law at length and made recommendations on how to implement the rule so that it might pass constitutional muster. To date that rule has not been challenged thanks in large part to the extensive work of an Assistant Attorney General during rule review.?

?This law is not broken, and it does not need fixing.?

LD 1354 had a public hearing on Monday, May 4 in the State and Local Government Committee. No work session has been scheduled at this time.

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Minot Man Pleads Guilty in Theft from Disabled Brother

May 8, 2015

(AUGUSTA) Attorney General Janet Mills announced today that John M. Look, 52, of Minot, has been sentenced in Cumberland County Superior Court for conduct related to his theft of funds that rightly belonged to his disabled brother.

Following the death of their mother in 2008, Look became the conservator and legal guardian of his brother, who suffered a brain injury in a motorcycle accident as a teenager. Look?s brother resides at a treatment facility and receives federal and state benefits. Look?s mother left a life insurance policy for the benefit of his brother, of which Look was the conservator. The policy paid out to a trust in his brother?s name in September 2011 and February 2012.

Between September 2011 and October 2012, Look deposited money from this trust into his checking account for personal use. Upon discovery of this unreported income in the fall of 2012, benefits ceased to Look?s brother and the residential facility was not compensated for services provided.

?When anyone is granted the power and authority to serve as the legal guardian of another person, they take on great responsibility to act in the best interest of that person,? said Attorney General Mills. ?Having access to the finances of someone who cannot make decisions for themselves does not give you the right to spend that money as you please, let alone to use it to line your own pockets. We will defend those who cannot defend themselves from anyone who will take advantage of a disability to steal from another. Cases like this one are very difficult, but very important.?

The Consumer Financial Protection Bureau has published guides for people who are serving as powers of attorney, trustees, court appointed guardians and government fiduciaries (Social Security representative payees and VA fiduciaries.) These guides lay out what is expected of anyone who must serve in these important roles.

Look pled guilty to one count of Class B Theft and one count of Class D Misuse of Entrusted Property on April 29, 2015 and was sentenced by Justice Warren the same day. On the felony charge of theft, Look received a sentence of six years, all but thirteen months suspended, and three years of probation. Look received a six month concurrent sentence on the misdemeanor misuse of entrusted property. Both convictions are attached to a condition that Look pay $133,000 in restitution to his brother. Look will report to begin serving his sentence 60 days from the date of sentencing.

This case and was handled by Assistant Attorney General Carrie Carney and was investigated by the U.S. Department of Health and Human Services, Office of the Inspector General.

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Heroin Deaths in Maine Jump ? Record Level of Overdose Deaths in 2014

May 15, 2015

(AUGUSTA) 2014 was the deadliest year on record for Mainers using drugs. An analysis released today by the Maine Office of the Attorney General reveals that 208 people in Maine died in 2014 due to drug overdoses ? an 18% increase over the previous year. These substances range from cocaine to heroin and other opioids. The analysis reveals a shocking increase in the number of deaths due to heroin ? jumping from 34 in 2013 to 57 in 2014.

?Not one county, not one community is untouched by this scourge,? said Attorney General Janet Mills. ?Profit seeking dealers from out-of-state are setting up shop along the I-95 corridor and dealing in every corner of the state. No one is immune from these deaths. The age of those who died range from 18 to 88, and the average age is 43 years old.?

Continuing analysis of drug deaths reveals a significant increase in the total number of deaths due to drugs, combined with a sharp increase in both heroin/morphine and fentanyl deaths. It is not always possible to distinguish between heroin and pharmaceutical morphine from the toxicology report, so the analysis includes the scene investigation and the decedent?s medical records.

?Maine saw an increase in drug overdose deaths beginning in 2001-2002 and it remained high, largely as a result of pharmaceutical opioid-related deaths,? said Marcella Sorg, PhD, of the Margaret Chase Smith Policy Center at the University of Maine. ?What is remarkable about the numbers in 2014 is a new increase in heroin and fentanyl deaths driving the number of total deaths to an unprecedented level for Maine.?

Total drug-induced deaths increased from 176 in 2013 to 208 in 2014, an increase of 18 percent. This increase is largely due to a rise in deaths due to heroin/morphine and deaths due to fentanyl either alone or in combination with other drugs. Alcohol is also involved in about a third of all drug deaths; tranquilizers and antidepressants are frequently involved as well.

Fentanyl-related deaths spiked - jumping from 9 deaths in 2013 to 43 deaths in 2014. Fentanyl is the most potent opioid available ? 30 to 50 times more potent than heroin. Police and prosecutors report that the fentanyl spike is largely due to non-pharmaceutical fentanyl being sold on the streets as a white powder and represented to be heroin.

Deaths due to methadone and oxycodone have remained at previous levels.

?These tragic numbers point to the need for a comprehensive three-pronged approach to substance abuse: education, interdiction and treatment. No single focus will solve the problem,? Mills said.

The analysis was done by Marcella Sorg, PhD, of the Margaret Chase Smith Policy Center at the University of Maine, in collaboration with the Maine Office of Chief Medical Examiner.

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Supporting documents

Drug Over Dose Memo and Graph

FTC, All 50 States, and the District of Columbia Charge Four Sham Cancer Charities and Related Individuals with Deceptive Practices

May 19, 2015

AUGUSTA - Attorney General Janet T. Mills, together with law enforcement partners in all 50 states, the District of Columbia, and the Federal Trade Commission, have jointly filed a lawsuit in the U.S. District Court for the District of Arizona against four phony cancer charities, Cancer Fund of America, Inc., Children?s Cancer Fund of America, Inc., Cancer Support Services, Inc., and The Breast Cancer Society, Inc., and their operators for allegedly scamming more than $187 million from consumers throughout the country.

The joint complaint alleges that the nonprofit corporations portrayed themselves as legitimate charities with substantial nationwide programs that provided direct support to cancer patients, children with cancer, and breast cancer patients in the United States. In fact, most consumers? donations benefitted only the operators, their families and friends, and professional fundraisers that often received 85% or more of every donation. The plaintiffs claim that the defendants misrepresented that contributions would be used for charitable purposes, misrepresented specific program benefits, misrepresented revenue and program expenses related to international gifts-in-kind, and misrepresented that the primary focus of their reported programs was to provide direct assistance to individuals in the United States.

Five defendants, Children?s Cancer Fund, The Breast Cancer Society, Rose Perkins, James Reynolds, II, and Kyle Effler, have entered into settlements through stipulated judgments with the FTC, the states and the District of Columbia that, among other things, require the charities to dissolve, and ban the individuals from fundraising or operating any other charities.

Attorney General Mills said, ?I am pleased to join with my state and federal colleagues and the District of Columbia in this cooperative effort to combat charity fraud that has taken advantage of so many generous consumers throughout our country. Through settlement with Children?s Cancer Fund and The Breast Cancer Society, we have permanently stopped solicitations that were based on deceptive claims to consumers that their donations would assist children with cancer and breast cancer patients. We are committed to fight Cancer Fund of America, Cancer Support Services, and James Reynolds, Sr. in court to halt their deceptive acts as well.?

Consumers should make informed decisions about where to donate their hard-earned dollars. Do not be pressured to give before you find out about the charity that is asking for your donation. Call the Maine Office of Professional and Occupational Registration at 624-8603, or go on-line at http://www.pfr.maine.gov/almsonline/almsquery/SearchCompany.aspx to see if the charity and its professional fundraiser are registered. Find out about the organization?s purpose, how it uses its donations, and what percentage of every dollar donated will go to the charity. The law cannot limit the percentage that a professional fundraiser can receive from money raised, but you can choose to give to a charity that receives and uses more of the donations raised on its charitable mission.

The matter was a joint effort between the state and the FTC. Assistant Attorney General Carolyn Silsby handled the matter for the State of Maine.

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Kennebunk fisherman pleads guilty, is sentenced for multiple tax frauds

June 4, 2015

AUGUSTA, Maine ? Attorney General Janet Mills announced today that Brian Morse, 54, of Kennebunk, pleaded guilty and was sentenced to serve two years in prison for Failing to File and Pay Maine Income Taxes for 2006 to 2008 and 2010, all Class C offenses. This was Morse?s third conviction for violating Maine?s income tax laws. He was previously convicted of failing to pay taxes in December 2002 for years 1996 to 2001 and again in March 2007 for years 2002 to 2005. Morse is a commercial fisherman who has a history of failing to file and pay his income taxes going back to the 1980s. Superior Court Justice John O?Neil sentenced Morse to four years with all but two years suspended, and two years of probation. Morse was also ordered to pay $15,350, which is the amount of remaining restitution of taxes owed. Morse also failed to appear on several dates for which he was summonsed to address the Court not only on the new tax offenses, but on his failure to pay restitution from his previous convictions. Morse had to be arrested a number of times in order to secure his appearance in Court.
?All Mainers must pay their fair share,? said Attorney General Mills. ?My Office will continue to prosecute those who fail to comply with Maine?s tax laws. And we will pursue repeat offenders who demonstrate they have not learned that they need to comply with their tax obligations.? Mr. Morse pled guilty on April 23, 2015 and has been in custody since he was arrested on an outstanding warrant on January 5, 2015. This case was investigated by the Maine Revenue Services? Criminal Investigations Unit. Attorney General Mills praised the efforts of Assistant Attorney General Gregg D. Bernstein who handled this matter for the Attorney General?s Criminal Division.

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US Supreme Court denies Governor?s request to argue case to drop MaineCare coverage for 19 &20 year olds

June 8, 2015

(AUGUSTA) The United States Supreme Court has denied a request to hear a case sought by the LePage Administration to drop MaineCare coverage for 19 and 20 year olds. The order released on Monday morning denied certiorari in the case of Mayhew v. Burwell.

Attorney General Janet T. Mills has opposed the effort by the LePage administration in this case, citing a lack of legal merit in their position. This is the third time the Administration?s efforts have been rebuffed in a legal setting.

?The unanimous decision by the three-judge panel of the 1st Circuit was correct and there was no reason for the US Supreme Court to take this case,? said Attorney General Janet T. Mills. ?I respect the earnestness with which the Governor sought to advance his argument, but I have felt all along that it lacked legal merit. As an independent constitutional officer I take seriously my duty to offer unvarnished legal advice and to uphold the rule of law, and I will continue to do so.?

In 2012 the LePage Administration sought a waiver from the federal Centers for Medicare and Medicaid Services to drop coverage for the 19 and 20 year olds from the state?s MaineCare (Medicaid) program. The State of Maine began covering this group during the economic crisis of 1991 and the Affordable Care Act requires that coverage continue until 2019. That request for a waiver was denied and the decision was upheld in an administrative hearing. The LePage Administration appealed that ruling to the Federal Court. Attorney General Janet T. Mills declined to represent the Administration, citing a lack of legal merit in their position. After she allowed the administration to hire outside counsel, Attorney General Mills intervened in the public interest and against the LePage Administration. In November 2014, the First Circuit Court of Appeals ruled unanimously against the Administration. The denial by the US Supreme Court to hear the case brings this case to a close and requires the state to provide medical care under MaineCare to approximately 7,000 low income young adults who are not eligible for insurance subsidies under the Affordable Care Act.

?Many of these young Mainers are in transition from childhood to adulthood, are working at the corner store, the big box stores, the gas stations and the donut shops, trying to make a living in this state,? said Attorney General Mills. ?If they break a leg, if they are hit by a car or if they require hospitalization, they have no way to pay for it. No other insurance is available except the safety net of MaineCare.?

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Report of the Attorney General on the Use of Deadly Force by State Police Troopers on September 27, 2014, in Chester

June 11, 2015

Synopsis On September 27, 2014, Shad Gerken, 35, of Woodville, was shot and killed by three State Police troopers after a standoff of several hours in a wooded area off the Woodville Road in Chester, Maine. The troopers, all members of the State Police Tactical Team, were Sgt. Nicholas Grass, Sgt. Donald Shead, and Det. Greg Mitchell.

Discussion

The Attorney General is charged by law with investigating any incident in which a law enforcement officer uses deadly force while acting in the performance of the officer's duties. The investigators in the Office of the Attorney General who conduct these criminal investigations are independent of and unaffiliated with any other law enforcement agency. The purpose of the Attorney General?s investigation of the incident in Chester on September 27, 2014, was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecution of the troopers who shot Mr. Gerken. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action may be warranted, of whether the use of deadly force could have been averted, or of whether there is civil liability. Indeed, state law provides that the fact that conduct may be justifiable under the Criminal Code does not abolish or impair any other remedy available under the law.

In order for any person, including a law enforcement officer, to legally use deadly force in self-defense or the defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

Early in the morning of Saturday, September 27, 2014, a motorist driving on a camp road in rural Woodville encountered a person he knew to be Shad Gerken walking along the road and carrying a gallon-sized plastic jug filled with what appeared to be swamp water. The motorist spoke with Mr. Gerken, who asked him if he saw the ?war eagle? when he looked to the sky. When the motorist said no, Mr. Gerken said ?there is death in the air,? took a drink from the jug, and walked off. The motorist continued on his way. He did not report this observation to anyone at the time.

About two hours later at around 10 a.m., another motorist driving on the Woodville Road in Chester called the Penobscot County Sheriff?s Office to report that a man ? later determined to be Mr. Gerken ? was walking along the road with a large knife in his hand, shouting and staring at passing traffic. Penobscot County Deputy Sheriff Michael Knights was assigned to investigate.

At around noon, a resident on the Woodville Road in Chester reported to the Sheriff?s Office that two hours earlier, his eight-year-old niece walked to the end of her grandparents? driveway to retrieve their mail when she saw a man with a large knife, which he was holding down to his side. He was only a few feet from the girl when he told her to stop looking at him or he would kill her. The girl ran back to her grandparents? residence, and reported what had happened.

After the call from the motorist, Deputy Knights and Game Warden Sgt. Ronald Dunham located Mr. Gerken on the Woodville Road in Chester at about 10:30 a.m. Mr. Gerken, armed with the large knife, ran into the woods when he saw the two officers. The officers ran after him. Warden Dunham attempted to stop Mr. Gerken with pepper spray but it had no effect on him, despite his having sprayed Mr. Gerken directly in the face. As the foot pursuit continued, Sgt. Dunham sprayed short bursts of the pepper spray at Mr. Gerken every time he turned his head to look at the officers. The chase changed direction and the officers found they were headed back to the Woodville Road.

As the pursuit neared the road, Sgt. Dunham, fearful of the potential risk Mr. Gerken posed to the public, as well as a possible opportunity for Mr. Gerken to access his unlocked patrol vehicle, attempted to disarm Mr. Gerken. He pushed Mr. Gerken into a tree and, as Mr. Gerken fell to the ground, he grabbed the knife, which Mr. Gerken was holding tightly in his hand. Mr. Gerken would not relinquish control of the knife. Sgt. Dunham attempted to peel Mr. Gerken?s fingers back from the knife. In the process, Sgt. Dunham sustained lacerations to his own hand. He concluded that Mr. Gerken was too strong to disarm and he backed away. Mr. Gerken was on the ground on his back and still armed with the knife. The officers told him several times to drop the knife.

Lincoln police officer Brandi Alton arrived. Sgt. Dunham again pepper-sprayed Mr. Gerken, but again with no effect. Sgt. Dunham asked Officer Alton to deploy her electronic weapon (Taser). Officer Alton fired the Taser and, while it appeared to have some effect on Mr. Gerken, he steadfastly refused to relinquish control of the knife, even after three more uses of the Taser and more bursts of pepper spray.

Other officers arrived, including State Police Trooper Thomas Fiske. Trooper Fiske and Sgt. Dunham made more attempts to persuade Mr. Gerken to relinquish the knife and surrender. Mr. Gerken remained non-verbal throughout this period. With more officers present to prevent Mr. Gerken from eluding them, Sgt. Dunham, Deputy Knights, and Officer Alton moved further away from him. The State Police Tactical Team and Crisis Negotiation Team were requested and fully briefed of Mr. Gerken?s actions up to that point, including the report of his earlier threat to kill the eight-year-old child on the Woodville Road. In the meantime, further attempts to get Mr. Gerken to give up the knife continued but to no avail.

During the course of the standoff, Mr. Gerken remained largely silent except for a few outbursts during which he stated that he had the power of lightning, that Satan had raped his father, that he had killed Satan, that he was the angel of death, and other similar statements. Mr. Gerken licked the blade of his knife at one point and at another time, while violently waving the knife, he threatened to cut the officers and feigned doing so. At other times, he appeared ready to stab himself, holding the knife to different parts of his body.

Crisis negotiators consulted with a psychologist who provided Mr. Gerken?s mental health history, including diagnoses of bipolar disorder, post traumatic stress disorder, attention deficit hyperactivity disorder, depression, and alcohol abuse, as well as medications prescribed to Mr. Gerken. The psychologist offered ideas primarily related to references to Mr. Gerken?s three children that he believed could help in the negotiations. As the standoff continued, however, persistent attempts to persuade Mr. Gerken to relinquish his knife were unproductive. Officers formulated a plan to disarm Mr. Gerken. The plan, which involved foam baton rounds and pressurized water bursts from a fire hose, was to be initiated before nightfall given the risk of not being able to clearly observe Mr. Gerken or his movements in the dark. More than six hours had elapsed since the first attempts by Sgt. Dunham and Deputy Knights to disarm Mr. Gerken. During this time, arrest warrants were issued charging Mr. Gerken with felony crimes associated with threatening the eight-year-old child and injuring Sgt. Dunham earlier in the day, and threatening officers with the knife during the long standoff.

The officers initiated the plan to take Mr. Gerken into custody by telling him he was under arrest and again telling him to relinquish the knife, and submit to custody. He ignored the instruction. At the same time that one officer fired a foam baton round at Mr. Gerken, another activated the fire hose, and four members of the Tactical Team ? Sgt. Shead, Sgt. Peter Michaud, Sgt. Grass, and Det. Mitchell ? in a perimeter around and in close proximity to Mr. Gerken advanced toward him to take him into custody. The baton round struck Mr. Gerken, but neither it nor the water burst from the fire hose had the intended effect. Mr. Gerken lunged at Sgt. Shead and Det. Mitchell aggressively with the knife raised over his head pointing downward. In response, Sgt. Shead fired several times at Mr. Gerken, who was within about 15 feet of the officers and advancing. Mr. Gerken was struck and fell to the ground. At this point, he was within just a few feet of the officers. Despite several commands to stay on the ground, he started to get up, still armed with the knife. Sgt. Shead fired at him again at the same time that Det. Mitchell and Sgt. Grass fired several rounds. Mr. Gerken, struck by multiple rounds, fell to the ground.

Sgt. Shead (who is also a licensed paramedic) took the knife from Mr. Gerken and checked for vital signs while summoning previously-staged emergency medical personnel. The medical personnel pronounced Mr. Gerken dead. Dr. Mark Flomenbaum, the state?s Chief Medical Examiner, performed a postmortem examination and autopsy two days later and concluded that Mr. Gerken died as a result of multiple gunshot wounds, the number of which was determined by Dr. Flomenbaum to be 20-26. The examination also disclosed that Mr. Gerken was suffering from Hashimoto?s thyroiditis, an autoimmune disorder that causes the immune system to attack the thyroid, resulting in hypothyroidism, a condition that sometimes has psychotic side effects. Dr. Flomenbaum also observed that hypothyroidism, including Hashimoto?s thyroiditis, is a known coexisting condition with mental illness.

Mr. Gerken had no criminal record, although he was charged a month earlier with 10 counts of animal cruelty for allegedly failing to care for several dogs kept at his residence in Woodville. About six months earlier, Mr. Gerken was reportedly suffering from delusional thinking and was hospitalized after saying that he was half Apache and half angel, that he could not be harmed because he had Godly armor, and that he would kill himself if his girlfriend left him. As recently as a month earlier, Mr. Gerken was behaving in an increasingly volatile and threatening manner, stalking his girlfriend who, with their children, moved out of the Woodville residence after being threatened by Mr. Gerken, who also told her that God was telling him to kill her.

Conclusion

Attorney General Janet T. Mills concludes that at the time Sgt. Shead, Det. Mitchell, and Sgt. Grass shot Mr. Gerken, each of them reasonably believed that unlawful deadly force was imminently threatened against them and against other officers within the effective range of the knife brandished by Mr. Gerken. It was reasonable for each officer to believe it necessary to use deadly force to protect himself and others from deadly force. The Attorney General?s conclusions are based on an extensive forensic investigation, on interviews with numerous individuals, and on a thorough review of all evidence made available from any source.

All facts point to the conclusion that the officers in this case acted in self-defense. Mr. Gerken threatened to kill a child earlier in the day. He was delusional and engaged in threatening behavior with a dangerous weapon throughout the hours-long encounter with the police. He injured a game warden who tried to disarm him, and he remained in control of a dangerous knife throughout the standoff, steadfastly refusing to relinquish it. Officers tried many times to subdue Mr. Gerken with lesser means, including an electronic weapon (Taser), chemical spray, foam baton rounds, and a fire hose. They tried to negotiate with him over many hours, using all available negotiating tools, including trained negotiators and consulting with a psychologist with access to Mr. Gerken?s mental health treatment records.

It is beyond the scope of this report and beyond the authority and expertise of this office to determine with any reasonable certainty Shad Gerken?s motivations, his state of mind, or the medical or psychological underpinnings of his behavior and actions on September 27, 2014.

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Attorney General Mills calls for greater transparency in foreign trade pact negotiations

June 11, 2015

(Augusta, Maine) Attorney General Janet T. Mills today called for greater transparency in trade negotiations and raised concerns about the possible effects of certain provisions of the trade deals on the enforcement of certain regulations and laws administered by the states. In a letter to Maine?s Congressional delegation, Mills decried the prospect of states having to defend their laws in unfriendly forums against challenges by international corporations.

The Attorney General met in person with United States Trade Representative Michael Froman in Washington, D.C., recently and discussed her concerns with the so-called ?Investor State Dispute Settlement? provisions, which, she believes, could undermine Maine?s tobacco regulations, professional licensing laws and protections against predatory lending, among other things.

?It is important that treaties be forcefully negotiated and respected, with the interest of our national economy in the forefront,? Attorney General Mills stated. ?These negotiations, however, should be conducted transparently and without risk to the important public health and safety interests embodied in decades of state and federal laws.?

Attorney General Mills also expressed concerns with a provision that has become a part of other trade agreements, called ?Investor State Dispute Settlement? (ISDS), which allows international corporations to challenge a state law or regulation if the corporation feels that it impacts their ability to make a return on their investment. The ISDS dispute resolution system operates outside the traditional judicial system, has no established body of law to guide decisions, provides no right of appeal and allows investors to forum shop, ignoring state court precedents.

?Tobacco regulation, consumer protection laws, professional licensing standards and other health, safety, labor, consumer and natural resources laws could be challenged under the ISDS provisions,? said Attorney General Mills. ?The intent of ISDS was to protect the more developed regulatory systems of the United States, but it may have the opposite effect, lowering standards in America and lowering the playing field, in the name of achieving ?parity.??

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Supporting documents

AG Mills Letter re ISDS

Attorneys General urge FDA to act on e-cigarettes

June 16, 2015

(Augusta, Maine) ? Maine Attorney General Janet T. Mills is urging the federal Food and Drug Administration (FDA) to act on its proposal to add e-cigarettes to the Tobacco Control Act, enabling the agency to regulate these nicotine products similarly to other tobacco products.

The FDA proposed the regulation change over a year ago and the public comment period closed August 2014 with no subsequent action from the FDA. As it stands, e-cigarettes remain outside the FDA?s authority to protect public health.

While the FDA has refused to act, Mills said, youth use of e-cigarettes has skyrocketed and so have the public health concerns associated with these products. A University of Michigan study reports that in 2014 more teens used e-cigarettes than any other tobacco product. Last year, there were nearly four thousand calls to poison control centers due to exposure to e-cigarettes, more than double the calls made in 2013.

?It?s hard to believe we are willing to sit back and watch our children develop addictive smoking habits, after we?ve fought so hard to reduce youth smoking and tobacco use in America,? Mills said. ?Providing the same regulation of e-cigarettes as we do other tobacco products is critical to stop this new trend in its tracks.?

Mills and Indiana Attorney General Greg Zoeller sent a letter to the FDA today as co-chairs of a national association representing attorneys general (the National Association of Attorneys General or NAAG) expressing frustration at the FDA?s inaction and urging the agency to approve the new regulations as soon as possible to prevent harm to public health and to ensure e-cigarettes are not marketed to the nation?s youth.

Zoeller and Mills serve as chair and vice-chair respectively of the NAAG Tobacco Committee.

In October 2013, Mills and 40 other state attorneys general sent a letter to the FDA asking that the agency issue proposed rules and begin regulating e-cigarettes. After the proposed deeming regulations were issued, 29 attorneys general filed comments on Aug. 8, 2014, supporting the deeming action and recommending that the regulations be strengthened in several respects.

In the recent letter, Zoeller and Mills reiterated the following policy suggestions, urging the FDA to not only include e-cigarettes under the Tobacco Control Act, but also:

-Subject e-cigarettes to the same advertising and marketing restrictions as combustible cigarettes. -Ban characterizing flavors. -Require stronger health warnings on e-cigarettes, noting that nicotine is a harmful and addictive product and e-cigarettes contain potentially harmful chemicals. -Prohibit all non-face-to-face sales of tobacco products to prevent youth from purchasing e-cigarettes off of the Internet.

One recent study has shown that minors can easily purchase e-cigarettes online despite state laws requiring online sellers of e-cigarettes to verify their customers? ages and identities using a government-record database.

While waiting for the federal deeming regulations to take effect, states have stepped up and responded to concerns about electronic cigarettes on their own. The Maine Legislature and several municipalities have grappled with ensuring adequate protections are in place.

?I am very concerned that e-cigarettes are just the latest effort to introduce kids to nicotine, quickly followed by a lifetime of addiction to deadly tobacco products,? said Attorney General Mills. ?E-cigarettes are currently unregulated under federal law, their ingredients are untested and their claims are unproven. Maine merchants should know that e-cigarettes are considered a tobacco product under state law. They must be licensed to sell these products and they cannot sell to anyone under the age of 18. The FDA needs to take action to ensure consistency in enforcement and to prevent the manufacturers from targeting children in their marketing.?

A copy of the letter is attached.

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Supporting documents

NAAG Letter to FDA Re E-Cig

Maine Attorney General Janet Mills applauds the ruling of the U.S. Supreme Court

June 26, 2015

(Augusta, Maine) ? Maine Attorney General Janet T. Mills applauded the ruling of the U.S. Supreme Court today in upholding the right to marry as a fundamental protection of the Due Process Clause of the Constitution. "The Supreme Court's edict," Mills stated, "ensures that Maine citizens will be accorded the same rights in other states as they are accorded here; that, while individuals have the right to their own beliefs, respect for the institution of marriage and for the dignity of all persons requires the states to recognize and accord the same legal rights and responsibilities for marriages of same sex couples as for those of heterosexual couples. Justice Kennedy's description of the tradition and meaning of marriage was eloquent beyond description."

The Maine Bar should be proud to include in its ranks the attorney, Mary Bonauto, who successfully argued this watershed case.

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Reminder: Maine Bath Fitter Customers Entitled to Free Inspection

July 1, 2015

(AUGUSTA) The Attorney General Janet T. Mills reminds consumers who received services from National Bath Systems, LLC, d/b/a Bath Fitter (?Bath Fitter?), that the deadline to request an inspection of their bath installation is September 1, 2015.

Attorney General Mills previously alleged that Bath Fitter engaged in unlicensed plumbing activities, used non-conforming construction contracts, installed plumbing before a plumbing permit issued, misrepresented employees? license status, and engaged in plumbing installations that may violate the Maine State Internal Plumbing Code.

Upon timely request by any homeowner with a Bath Fitter plumbing installation, Bath Fitter will provide a free inspection of the installation by an independent licensed plumber to determine compliance with the plumbing code. If the plumbing does not comply with the code, permits and corrections will be made at no cost to the consumer. Consumers have until September 1, 2015 to request a free inspection.

If you have a Bath Fitter installation in your home and wish a free inspection for compliance, please call Bath Fitter at 1-855-798-4646.

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Attorney General Janet Mills Announces Terms of Settlement Allowing Dollar Tree to Acquire Family Dollar?s stores

July 2, 2015

(Augusta, Maine) ? Maine Attorney General Janet Mills announced the terms of a settlement that she and 16 other States have reached with Dollar Tree, Inc., following their review of the company?s proposed acquisition of Family Dollar Stores, Inc. The merger combines two large national chains of deep discount stores.

Working with the Federal Trade Commission, the State Attorneys General are requiring Dollar Tree to sell more than 300 Family Dollar store to a new competitor in order to complete the acquisition. All of the affected stores are to be sold and re-branded as Dollar Express stores, a new chain of deep discount stores being launched by Sycamore Partners.

Attorney General Mills said she was concerned that the merger would substantially lessen competition in several Maine markets and is requiring seven stores in Maine to be sold to Dollar Express. Those stores are located in: Caribou, Gray, Lewiston, Livermore Falls, Old Town, South Portland, and Waterville. In addition to these stores being sold to Dollar Express, Dollar Tree will be required to report or notify the Maine Attorney General?s office of future acquisitions or store relocations or closings.

?These stores are located in both small towns and in our larger cities and suburbs,? said Attorney General Mills. ?We wanted to be sure that in areas where these stores were near each other that there would still be competition to offer the best prices and merchandise.?

Attorney General Mills noted that her office worked with the Federal Trade Commission and the other Attorneys General in conducting a national review of the transaction. The Attorneys General have filed their lawsuit and proposed consent judgment in the Federal District Court for the District of Columbia.

Sycamore Partners is expected to acquire the stores being divested over the coming few months and operate them under its Dollar Express banner.

Dollar Tree (NASDAQ: DLTR) is headquartered in Chesapeake, Virginia, and operates more than 4,200 stores, including more than 25 stores in Maine. Family Dollar (NYSE: FDO) is headquartered in Matthews, North Carolina, and operates more than 8,000 stores nationwide, including approximately 60 stores in Maine.

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Attorney General Mills welcomes increased resources for drug enforcement and the investigation of unsolved homicides

July 7, 2015

(AUGUSTA) Attorney General Janet T. Mills applauds the initiatives in the new state budget to fight drug trafficking and to fund the Cold Case Homicide Unit.

Among the scores of items funded in the $6.7 billion two-year budget plan are initiatives to address Maine?s drug epidemic. The budget funds up to six drug new enforcement agents and two new drug prosecutors to handle major drug crimes. The budget also funds two new judges and two new clerks for the Court System to handle the increased caseload.

?Opiate abuse, particularly heroin abuse, is the most pressing public safety issue in Maine right now,? said Attorney General Mills. ?Last year 208 people in Maine died as a result of drug overdose. The Legislature was right to attack these traffickers that are invading our state with this deadly poison.?

The 208 drug overdose deaths in 2014 represented an eighteen percent increase over the previous year and the most ever recorded in Maine. The Maine Drug Task Force attorneys in the Attorney General?s Office are also seeing a jump in the number of heroin cases they handle, up 272 percent between 2012 and 2014.

The state budget also includes two state police detectives and one crime lab technician to investigate unsolved homicides in Maine. These positions will be Department of Public Safety employees who will work with an already established Assistant Attorney General to investigate homicide cases where a perpetrator has not yet been brought to justice.

?Our goal is to work with law enforcement to solve a case as quickly as possible. Many years we are able to close one hundred percent of the murder cases in Maine,? said Attorney General Mills. ?Those cases that are not immediately solved never go cold for the investigators and prosecutors assigned to them. Funding these three positions will give us greater capacity and dedicated resources to pursue older cases without interruption. We are encouraging the Department of Public Safety to begin the hiring process and to bring on board qualified, experienced personnel as soon as possible. Then we will prioritize the many cases that merit further investigation, to bring closure and long-awaited justice to the families of victims.?

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Attorneys General oppose effort to block FDA?s authority to review new tobacco products

July 7, 2015

(AUGUSTA) Attorney General Janet T. Mills (D) of Maine and Attorney General Gregg Zoeller (R) of Indiana are calling on Congress to reject a proposal to weaken the Tobacco Control Act (TCA) and to limit the Food and Drug Administration?s authority to review tobacco products available for sale in the United States. The proposal is in the form of a ?rider? on the House Agriculture, Rural Development, Food and Drug Administration and Related Agencies appropriations bill for fiscal year 2016.

As the Co-Chairs of the National Association Of Attorneys General, AG Mills and AG Zoeller wrote to the Chair and Ranking Member of the House Appropriations Committee to share their concerns with Section 747 of the Appropriations bill. The measure would grandfather products that entered the marketplace on or after February 15, 2007 ? including the increasingly popular electronic cigarettes ? and allow them to escape FDA review.

?Electronic cigarettes offer exotic flavors that appeal to youth, and youth usage of these nicotine products tripled from 2013 to 2014, ? the Attorneys General wrote. ?Additionally, after the TCA prohibited flavored cigarettes, tobacco manufacturers began selling cheap, small, flavored cigars. These flavored cigars have contributed to an increase in youth usage of cigars. By changing the grandfather date to the effective date of the deeming regulations, Section 747 would exempt these newly deemed tobacco products from any product review, regardless of their impact on public health.?

The Attorneys General urged the members of the Committee on Appropriations to reject Section 747, stating they believed that the FDA had already accommodated tobacco industry concerns by allowing products to stay on the market until the FDA completed a product review and that a complete exemption from these important standards ?could allow the continued sale of a dangerous product and undermine the public health of the nation.?

The Committee on Appropriations could take up the measure as soon as Wednesday, July 8.

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Supporting documents

AG TCA Appropriations Letter

Attorney General Mills hails the Maine Law Court?s ruling and calls on NOM to fully comply with Maine?s election laws

August 4, 2015

(AUGUSTA) Maine Attorney General Janet T. Mills today applauded the latest in a string of legal victories upholding Maine?s campaign finance disclosure laws that have been flaunted by the National Organization for Marriage. Stemming from their failure to comply with Maine law during a 2009 referendum on Marriage equality, the National Organization for Marriage was today denied a stay of compliance by the Maine Supreme Judicial Court pending another appeal.

The decision noted that the ruling by the Maine Ethics Commission has withstood multiple challenges by NOM in state and federal court ? none of which were successful ? and that their pending appeal was unlikely to succeed.

?Enough is enough,? said Attorney General Janet T. Mills. ?NOM has fought for almost six years to skirt the law and to shield the names of the out of state donors who bank-rolled their election efforts. The time has come for them to finally comply with state law like everyone else. The people of Maine have a right to know who is paying to influence our elections.?

Attorney General Mills praised the work of Assistant Attorney General Phyllis Gardiner for her efforts representing the Maine Ethics Commission and the State of Maine in this protracted litigation.

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Attorney General Janet Mills issues statement regarding Opinion of the Justices on Governor?s veto actions

August 6, 2015

(AUGUSTA) The Maine Supreme Judicial Court today answered questions posed by the Governor regarding adjournments of the Legislature and his veto powers. Attorney General Janet T. Mills has issued the following comment regarding the Court?s Opinion (OJ-15-2). http://www.courts.maine.gov/opinions_orders/supreme/lawcourt/2015/15me107oj.pdf

?The Office of the Attorney General is pleased with the full and complete responses to the Governor's questions elucidated in the unanimous 47 page opinion today. The Opinion of the Justices is on all fours with all the research conducted by our Office and with the Opinion of the Attorney General of July 10, 2015. We are also pleased that the Court ruled expeditiously so as to avoid any further unnecessary debate and confusion. The answers to the Governor's questions are clear, unambiguous and completely consistent with his own past practice and with that of every other Governor in recent memory. Except when the Legislature has adjourned sine die, the Chief Executive has ten days (excluding Sundays) within which to return any bills with his objections. By his failure to do so, he has forfeited the right to veto any of the bills at issue.?

Attorney General Mills expressed her thanks to Deputy Attorney General Susan Herman and Assistant Attorney General Phyllis Gardiner for their efforts in this matter.

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First half of 2015 shows pace of drug deaths has not slowed ? Heroin, Fentanyl deaths continue to surge

August 20, 2015

(AUGUSTA) A preliminary analysis of drug deaths in Maine occurring in the first half of 2015 has shown that deaths related to heroin and fentanyl continue to climb, while the overall number of drug overdose deaths is on track to be similar to 2014 ? which was the worst year on record.

In the first half of 2015 the number of people who died from a drug overdose in Maine stands at 105. Of that figure, 37 deaths were primarily attributable to heroin and 26 primarily to fentanyl, according to an analysis of case files conducted for the Office of the Attorney General by the Office of the Chief Medical Examiner. In all of 2014, 208 people died of overdoses, 57 primarily attributable to heroin and 43 primarily attributable to fentanyl.

?These numbers are terribly distressing,? said Attorney General Janet T. Mills. ?The first six months of 2015 show that this crisis continues unabated and we ? everyone in the state of Maine ? still have a great deal of work to do to get this under control. We need to address this crisis from all angles: education, prevention, treatment and interdiction.?

Two caveats underscore these statistics: Based on experience in past years, the actual total for a year can vary about 15% up or down from twice the amount of the half-year mark. Also, most toxicology reports reveal that the decedent?s blood contained numerous substances ? cocaine, alcohol, fentanyl, heroin and other opioids or over-the-counter medications. One death can be caused by multiple substances.

?It cannot be stressed enough ? You do not take heroin, it takes you,? said Attorney General Mills.

If you or someone you know needs help getting treatment, dial: 211

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No Charges in Biddeford Case

August 26, 2015

OFFICE OF THE ATTORNEY GENERAL

(AUGUSTA) Attorney General Janet T. Mills announced today that her office will not file criminal charges against Michael McKeown of Biddeford or former Biddeford police officer Stephen Dodd on the basis of allegations made by Matthew Lauzon of Boston.

Mr. Lauzon alleged that he was the victim of sexual abuse by Mr. McKeown and, later, by Mr. Dodd when Mr. Lauzon was a teenager living in Biddeford many years ago. Attorney General Mills said that a thorough investigation by her office and a legal analysis by senior prosecutors concluded that there is insufficient evidence to prove the elements of a crime beyond a reasonable doubt, including the element of Mr. Lauzon?s age at the time of the alleged encounters.

The Attorney General?s Office anticipates no further action in this matter.

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Report of the Attorney General on the Use of Deadly Force by State Police Sergeant on October 12, 2014, in Ludlow

September 3, 2015

Synopsis

On October 12, 2014, Alan M. Gillotti, Sr., 52, of Ludlow, was shot and killed by State Police Sergeant Joshua Haines outside Mr. Gillotti?s home on the Town Line Road in Ludlow.

Discussion

The Attorney General is charged by law with investigating any incident in which a law enforcement officer uses deadly force while acting in the performance of the officer's duties. (1) The investigators in the Office of the Attorney General who conduct these criminal investigations are independent of and unaffiliated with any other law enforcement agency. The purpose of the Attorney General?s investigation of the incident in Ludlow on October 12, 2014, was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecution of Sergeant Haines. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action may be warranted, of whether the use of deadly force could have been averted, or of whether there is civil liability. Indeed, state law provides that the fact that conduct may be justifiable under the Criminal Code does not abolish or impair any other remedy available under the law.

In order for any person, including a law enforcement officer, to legally use deadly force in self-defense or the defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

On Sunday, October 12, 2014, at approximately 1:40 PM, a Bridgewater woman called 911 in Houlton and reported that a man had forcibly entered her home, threatened her with a gun, and left in a white van. A state trooper and two Aroostook County deputy sheriffs responded to the call. They learned that two men, Alan Gillotti of Ludlow and Timothy Slaton of Smyrna, arrived at the woman?s house and, while Mr. Gillotti remained outside the home, Mr. Slaton kicked in a door, pointed a handgun at the woman, and demanded to know the whereabouts of her sister. The woman grabbed a hammer and pushed Mr. Slaton toward the door. A tussle ensued and Mr. Slaton pushed the woman against the door before he and Mr. Gillotti left in the white van. The officers learned that the two men had also gone to the woman?s sister?s home in Houlton and Mr. Slaton had also kicked in the door of that home to gain entry. It was reported again that Mr. Gillotti remained outside the home while Mr. Slaton forcibly entered. Two other troopers, Sergeant Joshua Haines and Trooper Timmy Saucier, were notified of the incidents.

At about 2:30 PM, Trooper Saucier observed a white van at the Smyrna residence of Mr. Slaton. Trooper Saucier attempted to reach him by telephone but was unsuccessful. (2) About ten minutes later, however, Mr. Slaton came out of his residence and spoke with the officers. He claimed that his white van was stolen during the night and was used to steal marijuana from Mr. Gillotti?s home in Ludlow. He admitted to going to the woman?s residence in Bridgewater in search of the woman?s sister, but also claimed that he left the residence when asked to do so by the woman. (3) Mr. Slaton denied that Mr. Gillotti was with him. He told the officers that Mr. Gillotti was at his own residence in Ludlow. Sergeant Haines and Trooper Saucier set out for Mr. Gillotti?s residence to speak with him.

The two troopers arrived at Mr. Gillotti?s home in Ludlow at about 3:30 PM. Sergeant Haines recognized the home as one where he had been in the past, and recalled that Mr. Gillotti had been confrontational on that occasion. The troopers parked their cruisers off the roadway in sight of the residence, but not in the driveway. Both troopers were in uniform; Trooper Saucier was driving a fully marked cruiser. They noticed that the front door to the Gillotti residence was closed and the window shades were drawn. When Sergeant Haines got out of his cruiser, he observed Mr. Gillotti standing in the doorway holding a handgun in his right hand down at his side. Sergeant Haines drew his handgun and ordered, ?State Police, drop the gun!? Mr. Gillotti responded, ?No, it?s my property, I don?t have to.? Trooper Saucier heard the command from Sergeant Haines and saw Mr. Gillotti with his forearms extended out of the doorway, pointing a black handgun in the direction of Sergeant Haines. Trooper Saucier drew his sidearm. Later investigation showed that Mr. Gillotti was approximately 89 feet from Sergeant Haines.

Sergeant Haines issued additional commands to Mr. Gillotti to drop his gun, but he refused. Sergeant Haines, who was outside his cruiser, retrieved a rifle. He noted at the same time that Trooper Saucier had drawn his sidearm but was out in the open and without adequate cover. Sergeant Haines continued to tell Mr. Gillotti to drop his gun; instead, Mr. Gillotti raised the handgun, removed the magazine, re-inserted it, and manipulated the slide to chamber a round, demonstrating to the officers that the weapon was loaded. In response to several more commands to drop the gun, Mr. Gillotti pointed the gun in Sergeant Haines' direction. Sergeant Haines fired several rounds from his rifle at Mr. Gillotti. Mr. Gillotti disappeared from his view. (4) Sergeant Haines and a deputy sheriff who had arrived at the scene approached the residence and found Mr. Gillotti deceased on the floor just inside the doorway. A black .45 caliber semi-automatic handgun in the ?fire? position and loaded with nine rounds was near his right hand. (5) There was no one else inside the residence.

The Office of the Chief Medical Examiner conducted a postmortem examination and autopsy the next day in Augusta, and determined that Mr. Gillotti died as a result of having been shot four times. At the time of his death, Mr. Gillotti?s blood-alcohol level was 0.14%, and there were discernible levels of marijuana, Diazepam, Oxazepam, Temazepam, Oxycodone, and Sertraline in his system. Mr. Gillotti was previously diagnosed with chronic pain due to trauma, osteoarthritis, back pain, pain disorder, and anxiety disorder.

Conclusion

Attorney General Janet T. Mills concludes that at the time Sergeant Haines shot Mr. Gillotti, he reasonably believed that unlawful deadly force was imminently threatened against him and Trooper Saucier. It was reasonable for Sergeant Haines to believe it necessary to use deadly force to protect himself and Trooper Saucier from an imminent threat of unlawful deadly force. The Attorney General?s conclusions are based on an extensive forensic investigation, on interviews with numerous individuals, and on a thorough review of all evidence made available from all sources. All facts point to the conclusion that Sergeant Haines acted in self-defense and in the defense of Trooper Saucier.

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(1) 5 MRS, Section 200-A (2) At around the same time, Trooper Saucier also called Mr. Gillotti?s cellular telephone number. Trooper Saucier was familiar with Mr. Gillotti through prior contacts, some of which included violence and firearms. A man who answered and sounded like Mr. Gillotti said he had the wrong number and hung up. (3) On June 17, 2015, Mr. Slaton was convicted of Aggravated Criminal Trespass (Class C crime) & Criminal Trespass (Class D crime) and sentenced to 39 days in jail. (4) The troopers immediately communicated that shots had been fired and numerous officers responded from around the area. (5) Later investigation disclosed ten additional live .45 caliber rounds in the right pocket of Mr. Gillotti?s pants.

Finding: Officer fired in self defense

Maine Attorney General Janet Mills: Office is looking into VW diesel emissions disclosure

September 24, 2015

(AUGUSTA) Maine Attorney General Janet Mills announced today that her office has opened an investigation into the disclosure by Volkswagen that some of its diesel vehicles carried software designed to produce false emissions test results ? violating clear air regulations and deceiving consumers. The Maine Office of the Attorney General is cooperating with other state attorneys general and the federal government in an investigation.

Attorney General Mills said, ?Maine is proud to carry forward the environmental legacy of Senator Ed Muskie and the critical role he played in securing passage of the Clean Air Act. By increasing pollutants in the air we breathe, VW is putting at risk the health of Maine people and our environment. Consumers also have a right to believe the information they are provided by manufacturers is truthful. The charges that VW has, or attempted to, circumvent emissions standards by manipulating software in the car is a very serious charge and Maine will work with other states and the federal government to ensure this is appropriately investigated.?

In Maine, vehicles registered in Cumberland County are required to pass an annual emissions test. For a list of affected models and model years, as well as information for owners of affected vehicles, check the EPA website http://www3.epa.gov/otaq/cert/violations.htm . Any persons who have concerns about their diesel vehicles should contact the Maine Attorney General?s Consumer Protection Division at, 1-800-436-2131, or by e-mail: consumer.mediation@maine.gov .

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State AGs call for passage of the Comprehensive Addiction and Recovery Act

September 29, 2015

(AUGUSTA) As states continue to address the epidemic of heroin and opioid-based painkiller abuse and addiction and its devastating effect on public health and safety in communities, Attorney General Janet T. Mills is joining attorneys general from 37 states and the District of Columbia today, in a bi-partisan letter to the leadership of the committees on the Judiciary for the U.S. Senate and House of Representatives urging passage of the Comprehensive Addiction and Recovery Act of 2015 (S. 524/HR 953).
The Comprehensive Addiction and Recovery Act would provide states with the tools to confront the growing challenge of heroin and opioid abuse and addiction. According to the U.S. Centers for Disease Control and Prevention, drug overdoses now surpass automobile accidents as the leading cause of injury-related death for Americans between the ages of 25 and 64. More than 100 Americans die as a result of overdose in this country every day ? more than half of them caused by prescription drugs or heroin. In Maine in 2014 a record number of people died from drug overdose ? 208. Heroin, fentanyl and prescription opiates are the primary cause of these deaths in Maine. ?We know that addiction is a treatable disease, but we also know that only about 10 percent of those who need treatment are receiving it. And, while heroin and opioid abuse are the primary concern for states right now, we must move beyond simple responses to drug trends and emerging threats, and concentrate on improving addiction treatment and recovery nationwide,? said Attorney General Mills. In the letter, the attorneys general write, ?Law enforcement has always been on the frontline when it comes to drug crises, but we cannot arrest ourselves out of this epidemic. Research shows the best way to address this challenge is through a strategy that includes prevention, law enforcement, reduction of overdose deaths, evidence-based treatment, and support for those in, or seeking, recovery.?

The Comprehensive Addiction and Recovery Act of 2015 will: ? Expand prevention and educational efforts ? particularly aimed at teens, parents and other caretakers, and aging populations ? to prevent the abuse of opioids and heroin and to promote treatment and recovery; ? Expand the availability of naloxone to law enforcement agencies and other first responders to help in the reversal of overdoses to save lives; ? Expand resources to identify and treat incarcerated individuals suffering from addiction disorders promptly by collaborating with criminal justice stakeholders and by providing evidence-based treatment; ? Expand disposal sites for unwanted prescription medications to keep them out of the hands of children and adolescents; ? Launch an evidence-based opioids and heroin treatment and intervention program to assist in treatment and recovery throughout the country; and ? Strengthen prescription drug monitoring programs to help states monitor and track prescription drug diversion and to help at-risk individuals access services. ?Only through a comprehensive approach that leverages evidence-based law enforcement and health care services, including treatment, can we stop and reverse the epidemic of drug addiction and death,? added Attorney General Mills.

Supporting documents

NAAG Letter re Comp Addiction Recovery Act

Waldoboro man sentenced for underreporting income and elver harvest

October 1, 2015

(AUGUSTA) Attorney General Janet Mills announced today that Paul L. Griffin, Jr., 44, an elver fisherman from Waldoboro, was sentenced on September 28, 2015 in Lincoln County Superior Court to a jail term of 364 days, all but 90 days suspended and one year of administrative release. Griffin had previously pleaded guilty to income tax evasion and failure to file and pay income taxes for years 2009 and 2011 through 2013. In addition, in 2012 and 2013 Griffin substantially underreported his elver harvests to the Department of Marine Resources and then failed to file Maine Income Tax Returns for these years during which he earned over $370,000 each year.

Griffin will also pay restitution of $67,762 and forfeit his ability to harvest elvers for the 2016 season. Griffin has already paid $6,500 in restitution and will be required to make regular payments towards the remaining balance.

The investigations into the underreporting of elver harvesting have highlighted the need for harvesters to truthfully report their harvests so that the Department of Marine Resources can effectively manage and conserve Maine?s fishery. Attorney General Mills commented, ?Elver harvesting can be extremely lucrative, but we must take management of the resource very seriously, or the fishery could be gone for good. A few bad actors could jeopardize the entire fishery. This case demonstrates excellent collaboration between different state agencies and the Attorney General?s Office appreciates the cooperation we received.?

This case was investigated by the Maine Revenue Services? Criminal Investigations Unit and the Department of Marine Resources. Assistant Attorney General Gregg D. Bernstein handled this matter for the Attorney General?s Criminal Division.

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AG MILLS ISSUES ADVICE FOR CONSUMERS FOLLOWING EXPERIAN BREACH OF T-MOBILE USERS? DATA

October 6, 2015

(AUGUSTA) Following reports that an unauthorized party was able to gain access to an Experian server that contained the personal information of more than 15 million T-Mobile users, including 12,068 Maine residents, Attorney General Janet T. Mills today offered consumers tips to guard against potential identity theft. ?The Maine Attorney General?s Office takes this breach very seriously and we are encouraging any T-Mobile customer to take pro-active steps to protect themselves from potential ID theft,? Attorney General Mills said. ?We anticipate working with Attorneys General across the country on this matter and have been in touch with representatives of Experian and T-Mobile. Experian is offering affected customers free credit monitoring for two years; I strongly advise any affected T-Mobile customers to take them up on this offer.? According to T-Mobile and the credit reporting company Experian, the breach compromised data that was used by T-Mobile in connection with credit checks of individuals who applied for T-Mobile services from Sept. 1, 2013 through Sept. 16, 2015. The data included name, address, birthdate, Social Security numbers, other ID numbers (such as driver?s license, military ID, or passport numbers), and additional information used in T-Mobile?s credit assessment.
The Maine Attorney General?s Office offers consumers the following tips to guard against identity theft: ? Monitor your credit report. You are entitled to one free credit report every 12 months from each of the three nationwide credit bureaus (you can request one free report from a different bureau every four months to monitor throughout the year).
? Request a ?fraud alert? be placed on your on your accounts to alert you to any attempts to open a line of credit in your name by calling one of the national credit bureaus before they are approved. When you call, an initial fraud alert (90 days) will be placed on your credit report and a free copy of your credit report will be sent to you.

? Consider placing a ?security freeze? on your credit report to prohibit the release of any information from your report without your written authorization. (A freeze is currently subject to a fee, however a new law eliminates that fee after October 15, 2015).

? Beware of phishing attempts and unsolicited calls or emails offering credit monitoring or identity theft services. Consumers should never provide their social security number, credit card or other personal information in response to unsolicited emails or calls.

If you find unexplained activity on your credit reports or if you believe you are the victim of identity theft, there are important steps to take to protect yourself. Contact the Attorney General's Consumer Protection Division at 1-800-436-2131, review the Attorney General?s Identity Theft webpage, contact regulators at the Maine Bureau of Consumer Credit Protection at 1-800-DEBT-LAW, or view the Federal Trade Commission's identity theft resource, available at: www.identitytheft.gov .

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Maine Challenges EPA?s Double Standard for Maine?s Water Quality Protections

October 9, 2015

(AUGUSTA) For over ten years, under governors of different political persuasions, the federal Environmental Protection Agency refused without reason to fully approve Maine?s historically high water quality standards. Today Maine amended its pending federal lawsuit against EPA, transforming it from one forcing EPA to act on Maine?s standards to one challenging EPA?s unlawful actions in response to Maine?s lawsuit. EPA has violated state and federal law by creating a double standard with respect to Maine?s water quality protections, which are unquestionably some of the highest standards in the country.

Under its new double standard, EPA asserts that Maine?s water quality protections, when applied to unspecified tribal waters, must be based on factors such as fish consumption rates and risk levels that are different from those already approved by EPA that are used for the entire state. This differential treatment violates both the comprehensive 1980 Maine Indian Claims Settlement Acts and the Clean Water Act. Under the Settlement Acts, all Mainers and Maine waters are treated the same for environmental purposes. Maine?s stringent water standards uniformly protect all Maine citizens, including members of Maine?s tribes.

The same principle applies to the ownership of the Penobscot River, which is the subject of separate pending federal court litigation and which will be argued in federal court next week. Under the Settlement Acts, access to the Penobscot River and Maine?s high water quality standards are for the benefit of all Mainers. The two federal actions reflect attempts to revisit the 1980 Settlement Acts, which earned the tribes federal recognition and a stream of revenue to the tune of millions of dollars each year for health care, law enforcement, education and government administration, among other things. With more than eighty million dollars (app. $230 million in today?s dollars) in proceeds from the settlement, Maine?s tribes acquired approximately 300,000 beautiful and productive acres throughout the state. In exchange, among other things, the tribes agreed to uniform state natural resources jurisdiction over all land and waters in the state, something the Congress, the legislature, the tribes and EPA all recognized as reasonable and as critical to the settlement.

EPA?s recent actions, rather than help the current situation with the tribes, unfortunately has created divisions. In the river litigation, the State discovered that as far back as 1999, EPA has been carrying on secret correspondence with tribal leaders and has gone so far as to sign a written ?confidentiality agreement,? promising to use EPA?s ?best efforts to protect all such communications, including those that predate this agreement that are requested under the Freedom of Information Act.?

These secret negotiations and EPA?s new double standard fly in the face of a major 2007 decision by the First Circuit Court of Appeals, which affirmed the state?s right to apply the environmental protections inspired by Senator Edmund S. Muskie and Senator George Mitchell, regardless of the ownership of a specific property or the shores of a specific waterway. That decision, State v. Johnson, upheld one of the most important principles of the comprehensive 1980 Indian Claims Settlement -- the right and responsibility of State government to regulate the environmental quality of Maine?s lakes, streams, rivers and lands. The federal government did not appeal that decision to the United States Supreme Court, so it remains the law of the land.

After the Johnson decision, EPA, without giving any reason, simply refused to approve Maine?s water standards for unspecified tribal areas, despite repeated requests from the State to do so dating back to the tenure of DEP Commissioner Littell. EPA has also not answered basic questions about what standards apply in tribal areas, and has even suggested that there are no water quality standards at all for those waters. To the state, this aspect of EPA?s new double standard represents a grave environmental concern. It would shock Mitchell and Muskie, and it should shock all Mainers, to learn that EPA thinks there are no standards in place to protect these waters.


Supporting documents

Maine v McCarthy Complaint Filed

Maine joins coalition of 25 states, cities and counties in defense of EPA Clean Power Plan

November 4, 2015

(AUGUSTA) Attorney General Janet T. Mills announced today Maine is joining a coalition of 25 states, cities and counties filing a motion to intervene to defend the federal Environmental Protection Agency?s ?Clean Power Plan? against legal challenge. The coalition?s motion to intervene in the United States Court of Appeals for the District of Columbia Circuit responds to suits that several states and industry groups have filed challenging the rule. The Clean Power Plan rule requires fossil-fueled power plants, the largest single source of greenhouse gas emissions in the nation, to cut their emissions pursuant to the Clean Air Act.

?Maine people in particular bear the burden of dirty power plants to the west,? said Attorney General Mills. ?Fossil fuel burning power plants beyond Maine?s borders contribute not only to poor air quality locally, but they can also be blamed for fish consumption warnings due to mercury emitted from their smokestacks. The EPA needs to take steps to protect the health of Maine people and our environment by adopting the Clean Power Plan.?

The EPA adopted the Clean Power Plan through a multi-year stakeholder process that drew heavily on the experience of states and utilities in reducing power plant greenhouse gas emissions.

The finalization of the Clean Power Plan marks the culmination of a decade-long effort by states and cities to require mandatory cuts in the emissions of climate change pollution from fossil fuel burning power plants under the Clean Air Act. The Clean Power Plan, along with the companion rule on new, modified, and reconstructed power plants, will control these emissions by setting limits on the amount of climate change pollution that power plants can emit. The rule for existing plants is expected to eliminate as much climate change pollution as is emitted by more than 160 million cars a year ? or 70% of the nation?s passenger cars.

The Attorneys General of New York, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, the District of Columbia, the City of New York, Philadelphia, Chicago, Boulder, South Miami and Broward County (FL) have all joined the coalition.

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Supporting documents

CPP Motion to Intervene

Report of the Attorney General on the Use of Deadly Force by Lewiston Police Officers on October 24, 2014

November 6, 2015

Synopsis

On October 24, 2014, Albert Crowley, 20, of Lewiston, was shot and wounded by three Lewiston police officers in Kennedy Park in Lewiston. The officers were Brian Bourgoin, Michael Dumond, and Zachary Provost.

Discussion

The Attorney General is charged by law with investigating any incident in which a law enforcement officer uses deadly force while acting in the performance of the officer's duties. (1) The detectives in the Office of the Attorney General who conduct these criminal investigations are independent of and unaffiliated with any other law enforcement agency. The purpose of the Attorney General?s investigation of the incident in Lewiston on October 24, 2014, was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecution of the officers who shot Mr. Crowley. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action may be warranted, of whether the use of deadly force could have been averted, or of whether there is civil liability. Indeed, state law provides that the fact that conduct may be justifiable under the Criminal Code does not abolish or impair any other remedy available under the law.

In order for any person, including a law enforcement officer, to legally use deadly force in self-defense or in defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

On Tuesday, October 21, 2014, a domestic violence advocacy organization reported to the Lewiston Police Department that a local woman who had been physically abused by a former boyfriend, Albert Crowley, remained fearful of Mr. Crowley. She told an advocate that Mr. Crowley carries a loaded handgun and had threatened in the past to start shooting if confronted by the police.

On Friday, October 24, 2015, at 8:05 p.m., the woman called 911 and reported that Mr. Crowley punched her in the mouth and that he had been similarly assaulting her for the past couple of days. She said he had left her Knox Street residence on foot. While still on the phone with 911, the woman reported that Mr. Crowley was walking back toward her residence. She was instructed by the dispatcher to go into a room with a lock. She responded that the rooms did not have locks and that Mr. Crowley had a key to her apartment. She then told the dispatcher that she had to get off the phone.

At 8:13 p.m., Corporal Michael Dumond and Officers Brian Bourgoin and Zachary Provost were dispatched to the call and given all the information reported to 911 by the woman, as well as the previous information provided by the domestic violence organization. Corporal Dumond was within two miles of Knox Street; Officers Bourgoin and Provost were at the Lewiston police station, closer to Knox Street. All three officers were in uniform. Corporal Dumond was operating a marked police cruiser; Officers Bourgoin and Provost were within walking distance of the woman?s residence and responded on foot.

Arriving in the area of the woman?s residence, Corporal Dumond parked his cruiser and saw a man who matched the general description of Mr. Crowley walking into Kennedy Park. The area was dark but partially illuminated by street lights. Although he saw the man glance at him, Corporal Dumond did not initially interact with him. The officer saw several persons coming and going from the apartment house in which the woman resided. Observing Officers Bourgoin and Provost approaching the area on foot, Corporal Dumond asked them to make contact with the man walking into Kennedy Park. As Corporal Dumond got closer to the apartment house, he heard a woman call out, ?That?s him, that?s the guy,? referring to the man walking into Kennedy Park. Corporal Dumond communicated to the other two officers that the man was Mr. Crowley. Officers Bourgoin and Provost attempted to catch up with Mr. Crowley, who was walking on the paved pathway of Kennedy Park. (2) It was nighttime and the park was illuminated, but Mr. Crowley continued to walk into a section of the park that was not well lit. Officers Bourgoin and Provost used their flashlights to illuminate Mr. Crowley. The officers both removed their handguns from their holsters while ordering Mr. Crowley to stop.

Mr. Crowley, his hands in his pockets, turned around and looked at the officers. He briefly took his hands out of his pockets at which time both officers saw an object in one of his hands, which appeared to be a cellular phone. The officers ordered Mr. Crowley to put his hands in the air. Mr. Crowley briefly put his hands in the air and stated, ?I don?t know why you guys are stopping me.? He then turned and put his hands back into his pockets and continued walking away from the officers through the park toward Bates Street.

Corporal Dumond joined Officers Bourgoin and Provost. The three officers followed Mr. Crowley, while identifying themselves as police officers and ordering him to stop, remove his hands from his pockets, and get down on the ground. Mr. Crowley again removed his hands from his pockets, but quickly put one hand back in a pocket. Mr. Crowley said, ?I ain?t doing that, I?m leaving.? Mr. Crowley continued to walk towards the top of the park. The officers requested that an officer with a Taser come to their location. Mr. Crowley moved off the paved pathway and stood behind a tree. When the officers saw Mr. Crowley pull a handgun from his pocket, they issued multiple commands for him to drop the gun. His response was to raise the gun and move from behind the tree with the gun still in his hand. All three officers fired their weapons at Mr. Crowley who was struck by the gunfire and fell to the ground, rolled over to his back, and raised his hands. (3) Medical aid was administered at the scene and Mr. Crowley was promptly taken to a local hospital for treatment.

Interviewed three days later in the hospital, Mr. Crowley said he took his gun from his pocket when confronted by the police officers in Kennedy Park in hopes the police would shoot him. ?I wanted them to kill me so I could go meet my maker,? he said. Mr. Crowley said that was the reason he refused to drop his gun and the reason he did not shoot any of the officers. He said he held onto the gun knowing that the police will normally shoot someone who threatens them with a gun.

Mr. Crowley was charged by the Androscoggin County District Attorney with domestic violence assault, reckless conduct with a dangerous weapon, criminal threatening with a dangerous weapon, and attempted elevated aggravated assault.

Conclusion

Attorney General Janet T. Mills concludes that at the time Corporal Dumond and Officers Bourgoin and Provost shot Mr. Crowley, each of them reasonably believed that unlawful deadly force was imminently threatened against them. It was reasonable for each officer to believe it necessary to use deadly force to protect himself and the other officers from deadly force, as well as others in the park at the time potentially within range of Mr. Crowley?s weapon. The Attorney General?s conclusions are based on an extensive forensic investigation, on interviews with numerous individuals, and on a thorough review of all evidence made available from any source. All facts point to the conclusion that the officers in this case acted in self-defense.

(1) 5 M.R.S. ? 200-A.

(2) The intent of the officers was to effect a warrantless probable arrest of Mr. Crowley for domestic violence assault pursuant to 17-A MRS ?15(1)(A)(5-B).

(3) Later investigation determined that Mr. Crowley was struck by three rounds of the 20 rounds fired simultaneously by the three officers. He sustained three gunshot wounds to his mid back, right shoulder, and right forearm. The firearm with which Mr. Crowley was armed was a .22 caliber revolver with a capacity of eight rounds. The firearm was loaded with seven .22 caliber hollow point bullets.

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Finding: Officers fired in self defense

Attorney General?s Office files civil rights action to halt interference with the right to safe and effective delivery of healthcare

November 10, 2015

Augusta? Attorney General Janet Mills announced today that she has filed a complaint under the Maine Civil Rights Act against 26-year-old Brian Ingalls of Lisbon, Maine, for violating the rights of patients at a health care facility in Portland, Maine. The Attorney General?s complaint alleges that during a protest outside the Planned Parenthood facility on October 23, 2015, Ingalls was yelling towards the second floor of the facility so loudly that his voice interfered with the delivery of health services. According to the Complaint, Ingalls was warned by a Portland Police Officer to stop yelling, but he persisted in the behavior.

The Maine Civil Rights Act protects the right of any person to receive any sort of medical services without disruptions caused by loud noises. Specifically, the statute makes it a civil rights violation to intentionally make noise at such a volume that it can be heard within a building where medical treatment is provided, when the violator has been warned to cease making such noise and when he has the intent to interfere with the safe and effective delivery of health services.

?All patients have the right to receive medical services free of ?the cacophony of political protests,? in the words of the United States Supreme Court,? said Attorney General Mills. ?While protestors have every right to say anything they want in a public area in the vicinity of a medical facility, they are not permitted to disrupt another citizen?s health care services.?

The Attorney General thanked the Portland Police Department for its cooperation in this case.

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Supporting documents

Ingalls Complaint

Attorney General Mills calls for new approach toward human trafficking and its victims

November 13, 2015

(AUGUSTA) Maine Attorney General Janet T. Mills today called for a shift in how society views and handles the crime of Human Trafficking, which is a modern form of slavery. At the Maine Human Trafficking Summit in Northport, Attorney General Mills likened attitudes toward victims of human trafficking to how society once viewed victims of domestic violence ? a ?blame the victim? approach that must change.

?There is no free will in the trafficking trade,? Attorney General Mills said. ?There is, instead, dependency, isolation; power and control tactics that include threats, degradation, financial constraint, physical and emotional manipulation. And, like domestic violence, trafficking involves victims who are trapped, who cannot escape.?

Attorney General Mills noted that Maine has taken some steps to address the crime of human trafficking, but that more needs to be done to identify and assist victims. Pointing to the links between the drug trade, drug addiction and sex trafficking, Mills called for dedicating more resources for specialized shelters for victims and an increase in the availability of detox beds and medical care to assist those who are trying to escape the trap that drug addiction has on them and returns them to sex trafficking. Many victims are no longer eligible for MaineCare.

?We can and must create an escape route for victims, a ?victim protection plan:? food, shelter, a place to go, clothing, sometimes a detox bed, and help finding a new life ? not something that is gained or created in an instant,? said Mills. ?Until we reduce the demand for sex for hire, there will always be a market, feeding the underground economy of drugs, guns and violent crime and human trafficking that robs the individual of physical safety, dignity and human will.?

The Attorney General?s Office has convened a Human Trafficking work group since 2007 with the US Attorney?s Office, victim advocates, state and local law enforcement, legislators, Immigration & Customs officials, Dept. of Justice Civil Rights personnel, and others. The all voluntary effort has helped to develop training for law enforcement and community organizations, develop public awareness campaigns, collect data, and review relevant laws and regulations to determine if they need improvement. In 2010 the working group helped to develop a training curriculum for the Maine Criminal Justice Academy as part of every new officer?s training. The working group has also sought to increase outreach to those who are likely to encounter evidence of human trafficking not just the police, but postal delivery people, real estate agents, cosmetologists, hair dressers, landlords and others who can be alert to signs that someone is being held to do the bidding of others. One of the possible recommendations from the summit may be to support the working group?s effort with a full-time coordinator position.

?Awareness campaigns are important, but we don?t need more talk or a ribbon campaign to make progress on this scourge of human trafficking,? said Attorney General Mills. ?We need to make progress on reducing demand and helping victims escape the trap of sex trafficking and drug addiction in the coming months by taking action in our communities.?

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In remarks to the Maine Summit on Human Trafficking AG Mills cites progress in changing laws, but calls for improvements in assisting victims and stemming the demand

AG Mills Human Trafficking Remarks

EDMC to Change Practices, Forgive Loans through Agreement with AG Janet Mills and State Attorneys General

November 16, 2015

[AUGUSTA, ME] For-profit education company Education Management Corporation (EDMC) will significantly reform its recruiting and enrollment practices and will forgive more than $229,748 in loans for approximately 244 Maine former students, through an agreement with Attorney General Janet T. Mills and a group of state attorneys general.

EDMC, based in Pittsburgh, Pennsylvania, operates 110 schools in 32 states and Canada through four education systems, including Argosy University, The Art Institutes, Brown Mackie College and South University.

The agreement among 40 attorneys general in 39 states and the District of Columbia and the Department of Justice, through a consent judgment filed today, mandates added disclosures to students, including a new interactive online financial disclosure tool; bars misrepresentations to prospective students; prohibits enrollment in unaccredited programs; and institutes an extended period when new students can withdraw with no financial obligation.

Nationwide, the agreement requires the for-profit college company to forgive $102.8 million in outstanding loan debt held by more than 80,000 former students.

Thomas Perrelli, former U.S. Associate Attorney General, will independently monitor the company?s settlement compliance for three years and will issue annual reports.

Interactive Financial Disclosure Tool The agreement will put in place a significant interactive online financial disclosure tool required for all prospective students who utilize federal student aid or loans. The impending online system, called the Electronic Financial Impact Platform (EFIP), is currently under the final stages of development by the U.S. Consumer Financial Protection Bureau (CFPB) and state attorneys general.

Based on a prospective student?s individual data, EFIP will produce a detailed financial report that includes the student?s projected financial commitment, living expenses and potential future earnings.

?This action holds EDMC accountable for what we allege were unfair and deceptive recruitment and enrollment practices,? Attorney General Mills said. ?EDMC?s practices were unfair to our students and unfair to our nation?s taxpayers who backed many of these federal student loans that were destined to fail,? Attorney General Mills added. ?This is a rigorous agreement that not only provides some relief to a large number of former students through loan forgiveness, but also ensures that the company will make substantial changes to its business practices for future students.?

Consumer Complaints, Multistate Investigation After receiving numerous complaints from current and former EDMC students, state attorneys general initiated a multistate investigation in January of last year. Attorneys and investigators reviewed consumer complaints, reviewed company documents, and interviewed former EDMC employees.

?Our investigation gave us a clear picture of how EDMC lured prospective students into its programs, and how many students left the program with unfulfilled promises and oftentimes tremendous debt,? Attorney General Mills said. ?This agreement addresses our biggest concerns about the company?s business practices and puts in place new transparency and accountability.?

As part of the agreement, EDMC does not admit to the conduct alleged by attorneys general but does agree to change its business practices.

Agreement Highlights Under the agreement, EDMC must: ? Not make misrepresentations concerning accreditation, selectivity, graduation rates, placement rates, transferability of credit, financial aid, veterans? benefits, and licensure requirements. EDMC shall not engage in deceptive or abusive recruiting practices and shall record online chats and telephone calls with prospective students. ? Provide a single-page disclosure to each prospective student that includes the student?s anticipated total cost, median debt for those who complete the program, the default rate for those enrolled in the same program, warning about the unlikelihood that credits from some EDMC schools will transfer to other institutions, the median earnings for those who complete the program, and the job placement rate. ? Require every prospective student utilizing federal student loans or financial aid to submit information to the interactive Electronic Financial Impact Platform (EFIP) in order to obtain a personalized picture of the student?s projected education program costs, estimated debt burden and expected post-graduate income. ? Reform its job placement rate calculations and disclosures to provide more accurate information about students? likelihood of obtaining sustainable employment in their chosen career. ? Not enroll students in programs that do not lead to state licensure when required for employment or that, due to lack of accreditation, will not prepare graduates for jobs in their field. ? Require incoming undergraduate students with fewer than 24 credits to complete an orientation program prior to their first class. ? Permit incoming undergraduate students at ground campuses to withdraw within seven days of the beginning of the term or first day of class (whichever is later) without incurring any cost. ? Permit incoming undergraduate students in online programs with fewer than 24 online credits to withdraw within 21 days of the beginning of the term without incurring any cost. ? Require that its lead vendors, which are companies that place website or pop-up ads urging consumers to consider new educational or career opportunities, agree to certain compliance standards. Lead vendors shall be prohibited from making misrepresentations about federal financing, including describing loans as grants or ?free money;? sharing student information without their consent; or implying that educational opportunities are, in fact, employment opportunities.

Relief Eligibility Those who will receive automatic relief related to outstanding EDMC institutional loans must have been enrolled in an EDMC program with fewer than 24 transfer credits; withdrew within 45 days of the first day of their first term; and their final day of attendance must have been between January 1, 2006 and December 31, 2014.

The agreement is expected to provide an average of $1,370 per person in loan forgiveness.

If you are a current or former student with questions, please contact 1-855-725-4301

Separate Resolution of Federal False Claims Lawsuit Today, EDMC also agrees to pay a $95 million settlement of a separate federal whistleblower lawsuit under the False Claims Act. In that case, brought by the U.S. Department of Justice on behalf of the Department of Education, the government alleged that EDMC illegally paid incentive-based compensation to its admissions recruiters tied to the number of students they recruit.

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Agreement with Pennsylvania-based for-profit education company addresses consumer complaints and investigation by state attorneys general

Attorney General reminds Maine shoppers that larger stores must remain closed on Thanksgiving ? offers consumer protection tips

November 24, 2015

(AUGUSTA) With many stores advertising early ?Black Friday? shopping deals, Maine Attorney General Janet T. Mills is reminding Maine shoppers that Maine law differs from other states and does not allow stores over 5,000 square feet to be open on certain holidays, including Thanksgiving so that employees may spend time with their families.

?Some national chains are offering sales starting on Thanksgiving Day,? said Attorney General Mills. ?Maine consumers should be aware they may find the doors locked if they arrive before midnight Thursday due to Maine?s law restricting holiday opening hours. If you are uncertain, it pays to call ahead or check a local flyer.?

Maine?s law restricting opening hours on Easter, Christmas and Thanksgiving of stores in excess of 5,000 square feet has been in place since 1963. A violation of the statute is a Class E Crime, punishable by up to 6 months incarceration and/or a fine of up to $1,000; an injunction can be sought if a store is in violation. The Attorney General?s Office has concurrent jurisdiction with District Attorneys. There are a number of exemptions in the law for certain kinds of retail establishments.

When stores re-open for ?Black Friday? and ?Small Business Saturday? and online shopping commences on ?Cyber Monday? Maine consumers should keep some thoughts in mind as they make their purchases.

? Ask about the return policy before you buy. ? Keep your receipts. ? Be aware of Maine?s Implied Warranty ? the extended warranty offered at the point of purchase may not be worth buying. ? When buying online use a credit card, not a debit card, which will provide you with better consumer protections. ? Monitor your statements and be on the lookout for unauthorized charges.

If you have questions about these or other consumer matters, please contact the Consumer Protection Division of the Attorney General?s Office at 1(800) 436-2131 or consumer.mediation@maine.gov .

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Report of the Attorney General on the Use of Deadly Force

November 24, 2015

Synopsis

On December 4, 2014, Karin Moller, 55, of Cape Neddick, was shot and killed by York Police Detective John Lizanecz on the Ogunquit Road in South Berwick near the York town line.

Discussion

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force. Detectives in the Office of the Attorney General conduct a criminal investigation of all such incidents.[1] The detectives are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in South Berwick on December 4, 2014, that resulted in Ms. Moller?s death was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecution of the officers who shot her. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action may be warranted, of whether the use of deadly force could have been averted, or of whether there is civil liability. Indeed, state law provides that the fact that conduct may be justifiable under the Criminal Code does not abolish or impair any other remedy available under the law.

In order for any person, including a law enforcement officer, to legally use deadly force in self-defense or in defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

Close to noon on Thursday, December 4, 2014, the nurse manager of a Kittery medical practice called 911 to report that a patient, Karin Moller of Cape Neddick, was threatening to kill herself at her residence. While police units responded to the Moller residence, the dispatcher learned from the caller that Ms. Moller claimed to be holding a loaded gun to her head and that she would shoot anyone who arrived and attempted to take her to the hospital. It was also learned that Ms. Moller told a physician to whom she was speaking on the telephone that she would be on the porch of her home and she hoped the police would kill her when they arrived.

Two York police officers were the first to respond to the call. The officers parked their cruisers out-of-sight of the residence which was located in a remote area close to the South Berwick town line. The police department in South Berwick was asked to block off the road at the town line. Given that Ms. Moller was talking on the telephone with a physician who was attempting to persuade her not to harm herself or others, additional officers took up positions near but out-of-sight of the Moller residence. It was their intention to take Ms. Moller into protective custody for medical evaluation if Ms. Moller otherwise refused the medical assistance being offered to her and attempted to leave her residence.

The officers learned shortly after their arrival that Ms. Moller was in the residence alone and that she was still armed with a gun. Several minutes later, the nurse manager at the Kittery medical facility, who remained in constant communication with the 911 dispatcher while the physician spoke with Ms. Moller, said that Ms. Moller reported that she was in bed with her gun, and attempts to persuade her to leave the house without the gun were not going well. The nurse manager said that a behavioral specialist had joined the efforts to negotiate with Ms. Moller and was coaching the physician in that regard. It was reported that Ms. Moller said she had taken Xanax and Valium and that she was tired. It was also learned that Ms. Moller had rebuffed all suggestions that she be taken to a hospital, by ambulance or otherwise, for evaluation and treatment. Close to 50 minutes from the time of the initial call to the police, the nurse manager told the 911 dispatcher that Ms. Moller was aware of a police presence outside her home and that she had hung up on the physician. A few minutes later, Ms. Moller left her residence and entered her vehicle.

One of the officers who responded to the initial call to the Moller residence was York Police Detective John Lizanecz. He arrived at a makeshift command post not far from the residence and, shortly thereafter, established a position near a marked cruiser out-of-sight of the residence. After Ms. Moller was seen leaving her residence and entering her car, Detective Lizanecz deployed a spike mat on the roadway a short distance from the residence. As Ms. Moller backed up her car and then started forward in the driveway, officers pursued the vehicle on foot while ordering Ms. Moller to stop. However, Ms. Moller did not stop. She drove onto the roadway toward South Berwick where Detective Lizanecz was situated with the spike mat deployed.[2] Ms. Moller drove her vehicle over the spike mat, and continued driving with Detective Lizanecz now in pursuit in a marked cruiser with blue lights and siren activated. In the meantime, Lt. Christopher Burbank of the South Berwick Police Department had parked off the roadway and waited nearby in the event Ms. Moller left the residence. As Ms. Moller?s vehicle drove by his location, he pulled out and pursued her vehicle with the cruiser?s emergency lights and siren activated. Within seconds, Detective Lizanecz came upon the pursuit just as Ms. Moller abruptly stopped her vehicle in the center of the roadway.

Lt. Burbank, who was in uniform, stopped and got out of his cruiser and drew his sidearm. Detective Lizanecz, armed with a carbine and wearing both a vest and a jacket clearly marked ?police,? stopped slightly behind Lt. Burbank?s position and got out of his cruiser. Ms. Moller got out of her vehicle and approached the officers as Lt. Burbank retreated to the rear of his cruiser. Ms. Moller was armed with a handgun,[3] which she held in both hands pointed at the officers. Lt. Burbank fired one round at Ms. Moller, crouched, and then stood and fired three more rounds from his sidearm. At the same time, Detective Lizanecz fired a single round from his carbine. Lt. Burbank fired two more rounds, but Ms. Moller continued to advance on the officers with her hands thrust forward pointing her gun at the officers. Detective Lizanecz fired more rounds, one of which struck Ms. Moller in the chest causing her to fall to the pavement.

Ms. Moller was rendered immediate medical assistance at the scene in South Berwick and taken to a medical trauma center in nearby Portsmouth, N.H., where she died shortly after arrival. A postmortem examination and autopsy by the Office of the New Hampshire Chief Medical Examiner the next day determined that Ms. Moller died as a result of a single penetrating high velocity rifle wound of the chest.

Later investigation determined that after Ms. Moller got into and started her car in her driveway at 12:42 p.m., it took 25 seconds for her to drive onto the roadway and over the spike mat that had been earlier placed on the roadway by Detective Lizanecz. It was 11 seconds later that she passed by Detective Lizanecz who started to pursue her vehicle. About 47 seconds later, as her vehicle was pursued by Lt. Burbank and Detective Lizanecz, Ms. Moller stopped her vehicle and got out while pointing her handgun at the officers. Another five seconds elapsed before Lt. Burbank fired his sidearm at Ms. Moller as she advanced toward the officers. During the next 11 seconds, Lt. Burbank and Detective Lizanecz fired multiple rounds at Ms. Moller as she continued to walk toward them with her gun pointed at them. It was later determined that Lt. Burbank fired six rounds from his service pistol, and Detective Lizanecz fired seven rounds from his carbine. The investigation also concluded that Ms. Moller had advanced 64 feet from her vehicle in the direction of Lt. Burbank and Detective Lizanecz. She came within 37 feet of Lt. Burbank and 64 feet of Detective Lizanecz before she was struck by one of the gunshots fired by Detective Lizanecz.

Conclusion

Attorney General Janet T. Mills concludes that at the time Lt. Burbank and Detective Lizanecz shot Ms. Moller, each of them reasonably believed that unlawful deadly force was imminently threatened against them. It was reasonable for each officer to believe it necessary to use deadly force to protect himself and each other from deadly force, as well as others in the area at the time potentially within range of Ms. Moller?s weapon. The Attorney General?s conclusions are based on an extensive forensic investigation, on interviews with numerous individuals, and on a thorough review of all evidence made available from any source. All facts point to the conclusion that the officers in this case acted in self-defense.

[1] 5 M.R.S. ? 200-A [2] A spike mat was deployed elsewhere on the roadway in the event Ms. Moller drove in the opposite direction. [3] The handgun was later determined to be a Harrington and Richardson Model 923 .22 caliber revolver. Although cocked and ready to fire, the gun was not loaded.

Finding: Officers fired in self defense

Reminder: Calls purporting to be from the IRS demanding a payment are a scam

December 4, 2015

(AUGUSTA) The Maine Attorney General?s Office has noticed a recent increase in the number of Mainers calling to report they are the target of phone scams in which someone pretends to be calling to collect a debt owed to the Internal Revenue Service. Maine Attorney General Janet T. Mills is reminding people to be aware that these are scams and they should not give people credit card information or wire money.

?The IRS scam and others like it are the most common complaint we receive,? said Attorney General Mills. ?However, we have noticed a recent spike in the number of people calling our office to alert us and to complain specifically about IRS scams. On Thursday alone we received 61 contacts from Maine people. These are often randomly dialed calls, but for some reason the 207 area code seems to be their target in recent weeks. People should not engage the callers and hang up the phone. Do not give them personal information and do not wire them money.?

Here?s how they work: Scammers posing as IRS officials call and say you owe taxes. They threaten to arrest you, or deport you, or revoke your license, or even shut down your business if you don?t pay right away. They may know your Social Security number ? or at least the last four digits of it ? making you think it really is the IRS calling. They also can rig caller ID to make it look like the call is coming from Washington, DC.

You are the instructed to put the money on a prepaid debit card and tell them the number ? something no government agency would ask you to do. Once you do it, you find out it was a scam, and the money is gone.

?No governmental agency or legitimate business will call you up and demand an immediate payment by credit card, wire transfer or by pre-paid debit card,? said Attorney General Janet T. Mills. ?If you receive one of these calls, do not answer any of their questions. Hang up the phone immediately.?

If you owe ? or think you owe ? federal taxes, call the IRS at 800-829-1040 or go to irs.gov. IRS workers can help you with your payment questions. The IRS doesn?t ask people to pay with prepaid debit cards or wire transfers, and doesn?t ask for credit card numbers over the phone. When the IRS contacts people about unpaid taxes, they usually do it by mail, not by phone.

One Maine resident recorded his interaction with a scammer claiming to be from the Internal Revenue Service and posted it to YouTube. The call illustrates several tactics used by phone scammers. They claimed to be from an entity that the target is familiar with and who he has the potential to owe money to ? we all have to deal with the IRS at some point. When challenged about his authenticity, the scammer tried to reassure the target by giving a badge number in order to sound official. And finally, the payment could only be made by ?Green Dot Money Pak,? available at places like WalMart or drug store chains, and not by other means. The scammers are also not easily dissuaded; different people called repeatedly making the same claims in order to make him think they were legitimate.

Report IRS imposter scams to the Treasury Inspector General for Tax Administration (TIGTA) online or at 800-366-4484, and to the FTC at ftc.gov/complaint.

If you have questions about these or other consumer matters, please contact the Consumer Protection Division of the Maine Attorney General?s Office at 1(800) 436-2131 or consumer.mediation@maine.gov .

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AG Mills shares safe shopping tips for families

December 11, 2015

AUGUSTA ? Attorney General Janet T. Mills wishes to share information and resources to ensure that the brightly wrapped gifts being exchanged this holiday season contain no unwanted surprises and to remind families to set ground rules for the proper and safe enjoyment of digital devices year-round.

?There is nothing like seeing the joy of a child opening a gift,? said Attorney General Mills. ?But if that gift is a digital device, parents should be thinking now about how to most appropriately use that gift in the months to come. Ask yourself if your child should have 24/7 access to the internet and how you can establish clear, consistent rules for the use of these devices in your home. Review with your child what information they can share on social media and reinforce how quickly ?private? information and photos can become public. Remind them that the ?golden rule? also applies to their online behavior ? they need to treat others with respect online.?

Once families decide to purchase a gaming device, tablet, computer or smart phone, it can be difficult for parents to keep up with the rapidly evolving array of games, websites and apps that appeal to young people. Parents should review and monitor what sites and apps their child uses to ensure they are age appropriate. The Entertainment Software Rating Board (ESRB.org), the non-profit organization that assigns age and content ratings for video games and mobile apps, offers a list of helpful tips for parents who want to ensure they make the right choices for their families, from fulfilling their kids? wish lists to ensuring their playing time is appropriately managed and safe. Local retailers are well versed in the ratings system and can provide advice at the point of sale.

?We are pleased that organizations like the Entertainment Software Rating Board assigns age and content ratings to video games and mobile apps to help Mainers make the right choices for their families. We are glad that Attorney General Mills is helping spread the word to promote safe shopping this holiday season,? stated Curtis Picard, executive director of the Retail Association of Maine.

There are websites that can help parents and children learn about the best games and apps for them and how to learn about smart online behaviors. Parents can also review their individual device to install settings that limit the content available.

? OnGuardOnline.gov offers tips to parents and has information for other adults as well. ? ESRB.org assigns age and content ratings for games and mobile apps and has information and tips to help parents strike the right balance for kids between time spent with the game or app and time spent with the family, school work, extracurricular activities and other interests. ? CommonSenseMedia.org reviews apps, beyond the ESRB ratings, to help you determine if the app is right for your child.
? NetSmartzKids.org helps to educate your child about what information about themselves or their families can be shared on social media and how to prevent cyberbullying.
? SafeSurfingKids.com has a model ?contract? so that parents and kids know the rules governing their device use and online behavior ahead of time.
? The American Academy of Pediatrics has established guidelines for appropriate limits on screen time and access to media for children. Between school work, entertainment and ever present smartphones, kids are exposed to much more screen time now than ever before. Parents should be mindful of how much of their child?s time is spent looking a screen.

?People should also consider the safety and age-appropriateness of traditional gift items for children,? said Attorney General Mills. ?Most toys have a recommended age on the package because it may contain small parts that pose a choking danger to a small child who puts items in their mouths. The US Consumer Product Safety Commission has a website with recalled children?s products ? everything from cribs and car seats to pajamas and toys. It pays to stay apprised of items that may have high lead levels or other hidden dangers.?

The Consumer Product Safety Commission (CPSC.gov) offers these three pieces of advice to holiday shoppers: 1. Choose age appropriate toys by reading the age label on the toy. For children younger than 3, avoid toys with small parts, which can cause choking. In particular avoid deflated or broken balloons, small parts or small balls. 2. Scooters and other riding toys ? Riding toys, skateboards and in-line skates go fast, and falls could be deadly. Helmets and safety gear should be worn properly at all times and they should be sized to fit. Avoid riding a scooter on a street or roadway with other motor vehicles. 3. Magnets ? Children?s magnetic toys are covered by a strong safety standard that prevents magnets from being swallowed. High-powered magnet sets, which are covered by a mandatory standard, also have small magnets that are dangerous and should be kept away from children. Whether marketed for children or adults, building and play sets with small magnets should also be kept away from small children.

?However you celebrate, I hope this season is filled with joy,? said Attorney General Mills. ?Taking a little extra time now to think about some of the responsibilities that come with giving a child an electronic device will ensure these gifts continue to deliver that joy for many months to come.?

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Drug deaths continue record pace through first nine months of 2015

December 30, 2015

AUGUSTA ?Maine Attorney General Janet T. Mills and the Office of the Chief Medical Examiner have released drug overdose statistics for the first nine months of 2015. The numbers paint a dire picture of Maine?s opioid crisis. From January through September of 2015, deaths attributable to drug overdoses stood at 174. The state is on pace to reach between 230 and 250 overdose deaths this year. In 2014, there were a record 208 overdose deaths.

?Maine?s opioid epidemic continues to rage,? said Attorney General Mills. ?This problem seems to have the attention of everyone but the users. I am heartened by the response I have seen from leaders in our state who all want to solve this problem. In recent days the police have taken major actions to disrupt the supply of heroin and other opiates into our state and to protect our citizenry from those who would sell it. We can and must do more. We must also begin the long effort of curbing the demand for these deadly substances by educating people of the dangers and supporting people in recovery from addiction.?

Of the deaths in the first nine months of 2015, 113 (65%) involved at least one pharmaceutical drug and 111 (64%) involved at least one illicit drug. Many of these deaths (29%) were caused by a combination of pharmaceutical and illicit drugs. Pharmaceutical opioids remain a key substance category, with 70 deaths (40%) caused by at least one pharmaceutical opioid. Heroin and Fentanyl are increasingly named as a cause of death, with 71 (41%) deaths caused by heroin and 54 (31%) caused by fentanyl or acetyl fentanyl. In 74% of all the cases, multiple drugs are listed as a cause of death.

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Report of the Attorney General on the Use of Deadly Force by Augusta Police Officer on January 12, 2015

January 11, 2016

Finding: Officer fired in defense of self and others

Synopsis

On January 12, 2015, Jason Begin, 36, of Augusta, was shot and seriously wounded by Augusta police officer Laura Drouin at a mental health facility in Augusta.

Discussion

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force.[1] The detectives in the Office of the Attorney General who investigate these incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in Augusta on January 12, 2015, which resulted in Mr. Begin being shot, was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecution of Officer Drouin. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, state law provides that the fact that conduct may be justifiable under the Criminal Code does not abolish or impair any other remedy available under the law.

In order for any person, including a law enforcement officer, to legally use deadly force in self-defense or in defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

Jason Begin was committed to the Riverview Psychiatric Recovery Center in Augusta in the spring of 2004 after having been found not criminally responsible by the Androscoggin County Superior Court on several charges of sexual assault. In the fall of 2013, a court order authorized Mr. Begin?s entry into an outpatient program that included his residing in a group home in Augusta. The order required that Mr. Begin attend sex offender and alcohol counseling and prohibited his use or possession of alcohol or unlawful drugs. The court order also prohibited Mr. Begin from engaging in criminal conduct, and from using or possessing any dangerous weapon.

In January 2015, the Riverview superintendent received information that led him to suspect that Mr. Begin was using marijuana and selling it to other patients, and that Mr. Begin had skipped a required alcohol counseling session. The superintendent directed a team of mental health workers, including a psychiatrist and a nurse practitioner, to address the suspicions. The team was an established group designed to provide consistent and frequent treatment to patients with chronic mental illness in need of more intensive support to remain in the community and avoid hospitalization. The team, consisting of five members, met with Mr. Begin during the afternoon of January 12, 2015, at a facility on East Chestnut Street in Augusta.[2] Notwithstanding Mr. Begin?s denial of the allegations and his willingness to take a drug test, the team, after consulting with the superintendent, decided to send Mr. Begin back to the Riverview hospital. Before informing him of the decision, the team discussed concerns that Mr. Begin, who had a well known history of assaultive and threatening behavior [3] and who was 5?11? and weighed 265 pounds, could become aggressive. A member of the team called the Augusta Police Department and requested that a police officer be present when Mr. Begin was informed of the decision by the team to readmit him to the psychiatric hospital and to also assist in transporting Mr. Begin the short distance to the hospital.

Officer Laura Drouin, a uniformed patrol officer, was dispatched to the facility on East Chestnut Street. Upon arrival, she was told that Mr. Begin seemed calm but there was significant concern that he would become agitated and potentially assaultive when informed of the decision to return him to the hospital. Officer Drouin was escorted to the second floor that contained the room [4] in which Mr. Begin was waiting and she was asked to remain outside the room out of view of Mr. Begin.[5]

Mr. Begin was seated in the room facing the access corridor. Three of the team members were within easy reach of Mr. Begin, while two others waited at the threshold to the room. When one of the team members informed Mr. Begin of the decision to recommit him to Riverview, Mr. Begin stood, reached into his pocket, and pulled out a knife [6] he had been concealing, and raised it over his head while pointing it at the team member closest to him. Mr. Begin said that he was not going back to the hospital and that ?I should have done this moons ago.? Mr. Begin slashed his own arm with the knife and again pointed it at the same team member, who was backing away. As the team members retreated from the room, Officer Drouin advanced toward Mr. Begin after having been summoned by the team members at the room?s threshold. She saw Mr. Begin stand, retrieve the knife from his pocket, and slash his own arm as various team members tied to escape the room past her. While drawing her service weapon, Officer Drouin shouted with no success for Mr. Begin to stop. Officer Drouin fired three shots at Mr. Begin as he continued to raise the knife and slash at his arm. Mr. Begin was struck by the gunfire and collapsed to the floor.[7] While seriously wounded, Mr. Begin remained conscious and was provided immediate medical aid by Officer Drouin and members of the mental health team until transported by ambulance to a local hospital for treatment of the gunshot wounds and the self-inflicted deep cuts to both arms.

Conclusion

Attorney General Janet T. Mills concludes that at the time Officer Drouin shot Mr. Begin, she reasonably believed that unlawful deadly force was imminently threatened against not only herself but the other persons in the narrow confines of the room with Mr. Begin. It was reasonable for Officer Drouin to believe it necessary to use deadly force to protect herself and the other persons within range of Mr. Begin?s weapon. The Attorney General?s conclusions are based on an extensive forensic investigation, on interviews with numerous individuals, and on a thorough review of all evidence made available from any source. All facts point to the conclusion that Officer Drouin acted to defend herself and others from the unlawful use of deadly force by Mr. Begin.

[1] 5 M.R.S. ? 200-A. [2] According to Mr. Begin, who was interviewed as part of the investigation, he was anxious to attend this meeting and defend what he said were false allegations against him. He said he had already lost certain house privileges as a result of the allegations and wanted them restored. Mr. Begin was armed with a concealed folding knife at the meeting, and he said it was his intention to kill himself with the knife if the team decided to send him back to Riverview. [3] Prior to his commitment to Riverview, Mr. Begin was convicted in 1999 for terrorizing and in 2000 for assault. More recently, he had been the subject of several complaints of similar conduct reported to the Augusta Police Department. [4] The room in which Mr. Begin was situated measured about 7? x 9?. It was accessed by a narrow seven-foot corridor. The walls of the room were lined with chairs, tables, a bookcase, a floor lamp, and a water cooler, all of which reduced its accessible floor space to about 5? x 6?. [5] From where she was positioned, Officer Drouin could not see how many people were in the room. [6]The knife was an ?ExtremeOps? folding knife measuring 7-1/4? overall with a 3-1/8? blade. [7] Less than seven minutes had elapsed from the time Officer Drouin arrived at the facility. Later investigation determined that all three rounds struck Mr. Begin, one in the left shoulder, one in the right chest, and one in the lower left rib cage.

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Supporting documents

PDF of AG's Drouin Report 2016-01-11

Report of the Attorney General on the Use of Deadly Force by Bangor Police Officers on February 8, 2015

January 11, 2016

Finding: Officers fired in self defense

Synopsis

On February 8, 2015, two Bangor police officers, Brian Smith and Dennis Townsend, responding to a reported hostage situation at a residence on Union Street, fired their weapons into the residence after being fired at themselves. No one was injured as a result of the gunfire.

Discussion

The Attorney General has exclusive responsibility for the direction and control of the criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force. [1] Deadly force, as defined by law, includes discharging a firearm in the direction of another person unless the discharge is that of a less-than-lethal munition. [2] The detectives in the Office of the Attorney General who investigate these incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in Bangor on February 8, 2015, was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecution of the officers who discharged their weapons. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability.

The standard for law enforcement officers for the use of self defense is the same legal standard for private citizens. In order for any person to legally use deadly force in self-defense or in defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

In the early morning hours of February 8, 2015, Nicholas Condon, 27, drove from his residence in Portland to Bangor, armed with a 12 gauge shotgun. Shortly before 7 a.m., he purchased ammunition for the shotgun, as well as duct tape, a package of mini pry bars, a folding knife, and a propane torch kit from a retail store in Bangor.

About three weeks previously, Mr. Condon?s girlfriend ended a three-year relationship with Mr. Condon and he moved to Portland. Before the relationship ended, Mr. Condon and his girlfriend had lived together in Bangor. Around the same time the relationship ended, another man the girlfriend had been dating moved into the Bangor residence with her. Mr. Condon became aware of this arrangement.

On February 8th, a short time after making the purchases at the Bangor retail store, Mr. Condon arrived at his former girlfriend?s residence on Union Street. He walked around the house, stopping at windows to look inside. After observing the former girlfriend and her new boyfriend in bed together, Mr. Condon walked back to his car and retrieved the shotgun he had brought with him from Portland. He went back to the house, forced a door open, and went in. Mr. Condon walked into the bedroom where the man and woman were sleeping and banged on the walls to wake them. The man attempted to get out of the bed but stopped when Mr. Condon fired the shotgun into the ceiling.[3] Mr. Condon threatened to tie up the man and woman and use a blowtorch to burn them.[4] Over the next hour or so, while holding them at bay with the shotgun, Mr. Condon made more threats to kill both the man and the woman. He ordered the woman into the bathroom and instructed the man to remain in a kneeling position in the bedroom. He instructed the woman to call 911. He told her that he wanted to die but it was against his religion to take his own life, so he would have the police kill him.

At 8:11 A.M., the woman called 911 and reported that Mr. Condon was at her residence with a loaded shotgun, that he was threatening to use the shotgun, and that he was being physically abusive. During the conversation with the 911 operator, Mr. Condon shouted to the 911 operator, ?You make any moves towards this house, anybody comes in, I?m going to blow his [expletive] head off.?[5] Mr. Condon refused to give the 911 operator his name and told her that she could get it from his dental records.

Several Bangor police officers were dispatched to the Union Street residence.[6] At about 8:30 A.M., as officers continued to arrive outside the residence, they heard a gunshot within the residence. Officer Brian Smith, with a battering ram, moved quickly towards the front door of the residence, followed by Officers Dennis Townsend and Daniel Sanborn. Intending to force their way into the residence, the three officers started up a small set of steps toward the open screen door and the closed metal front door of the house. Two more gunshots came from within the residence, the second of which hit the metal door. The shotgun pellets that hit the metal door pushed the metal outward and partially penetrated the door. Officer Smith was just reaching the top step. He retreated in a backwards motion, stumbled, and nearly fell. As he regained his balance, he checked his chest to determine if he had been shot and fired towards the metal door. Officer Townsend was a few feet behind Officer Smith at the bottom of the steps. Believing that Officer Smith had been shot, he fired toward the metal door. Both Officers Smith and Townsend were quickly guided to positions of safety by Officer Sanborn.[7]

About five minutes later, the woman inside the house called 911 and reported that Mr. Condon was going to let her leave the house through a window. Mr. Condon can be heard telling the woman to tell the dispatcher that if the police try to shoot him, he will shoot the woman?s boyfriend. Mr. Condon then told the dispatcher that once the woman was outside the house, anyone who wanted to talk with him could call him. The woman left the house through a window. Officers then attempted to negotiate the release of the woman?s boyfriend. Slightly more than an hour later, the boyfriend left the house through the window. Over the next three-and-a-half hours, officers attempted to persuade Mr. Condon to come out of the house and surrender. He steadfastly refused, stating that he would come out shooting when his parents arrived. At about 1:20 P.M., after tear gas was introduced into the house, Mr. Condon told the police that he was draining home heating oil into the basement and would ?blow the place.?[8] About a half hour later, however, Mr. Condon walked outside the house with his middle fingers raised and talking on a cell phone. He refused to submit to custody and shouted repeatedly for the police to shoot him. He was struck in the leg with a foam baton round[9] that momentarily immobilized him and provided an opportunity for several officers to take him into custody.

Mr. Condon was later charged with two counts of kidnapping, burglary with a firearm, two counts of criminal threatening with a dangerous weapon, reckless conduct with a firearm, possession of sexually explicit material.[10] He was also charged with the civil offense of creating a police standoff. In a plea agreement with the District Attorney?s Office on October 28, 2015, that encompassed the eight charges, Mr. Condon was sentenced to 27 years incarceration with all but 12 years suspended, five years probation, and nearly $8,000 in restitution to his former girlfriend.

Conclusion

Attorney General Janet T. Mills has concluded that at the time Officers Smith and Townsend discharged their weapons, each of them reasonably believed that unlawful deadly force was being used against them. It was reasonable for each officer to believe it necessary to use deadly force to protect himself and each other from deadly force, as well as Officer Sanborn and any other persons within range of Mr. Condon?s weapon. The Attorney General?s conclusions are based on an extensive forensic investigation, on interviews with numerous individuals, and on a thorough review of all evidence made available from any source. All facts point to the conclusion that the officers in this case acted in self-defense.

[1] 5 M.R.S. ? 200-A. [2] 17-A M.R.S. ? 2(8) [3] Mr. Condon later admitted to detectives that he fired the shotgun into the ceiling. He said he also fired a round at a television set, although the investigation determined that this second discharge was much later in what would become a standoff of several hours. [4] Mr. Condon later told detectives that he initially thought about using the blowtorch to disfigure the boyfriend and make him suffer. [5] Dispatch logs show that at 8:13 A.M., the dispatcher informed responding officers that a ?male got on the phone, said if anyone goes near the residence he is going to blow her head off.? [6]It was later determined that the shot heard by the officers was Mr. Condon discharging a shotgun at the television in the residence. [7] Each officer was armed with a patrol rifle. Officer Smith recalled firing two rounds, and Officer Townsend about 10 rounds. The investigation, which included ballistic testing of 12 spent rifle casings recovered from the scene, determined that Officer Smith fired at least one round and Officer Townsend at least 11 rounds. [8] Later investigation determined that the line to the oil tank in the basement was in fact broken off, resulting in several gallons of fuel oil draining onto the floor. [9] A foam baton is a less-than-lethal impact munition consisting of foam rubber and designed to have a disabling effect without causing serious injury. [10] A search warrant was executed on Mr. Condon?s cellular telephone for evidence related to the standoff. While analyzing the evidence, officers discovered child pornography. An additional new search warrant was executed for Mr. Condon?s laptop computer where more child pornography was found.

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Supporting documents

AG's Report re: Smith/Townsend

Report of the Attorney General on the Use of Deadly Force by Aroostook County Deputy Sheriff and State Trooper in Smyrna on February 10, 2015

January 11, 2016

Finding: Officers fired in self defense

Synopsis

On February 10, 2015, Kenneth W. Kreyssig, 61, of Smyrna was shot and killed in Smyrna by Aroostook County Deputy Sheriff Stewart Kennedy and State Police Sergeant Chadwick Fuller.

Discussion

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force.[1] The detectives in the Office of the Attorney General who conduct the investigation of such incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in Smyrna on February 10, 2015, which resulted in Mr. Kreyssig?s death, was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecution of the officers who shot Mr. Kreyssig. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, state law provides that the fact that conduct may be justifiable under the Criminal Code does not abolish or impair any other remedy available under the law.

In order for any person, including a law enforcement officer, to legally use deadly force in self-defense or in defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

During the afternoon of Sunday, February 9, 2015, a waitress at a restaurant in Smyrna reported to the Aroostook County Sheriff?s Office that Kenneth Kreyssig and his mother were at the restaurant when Mr. Kreyssig became disruptive and threw a glass of water on his mother. Mr. Kreyssig left the restaurant by himself and drove to a friend?s house in Smyrna. He told the friend about the incident at the restaurant, and the friend suggested that it was likely the police would be looking for him. Mr. Kreyssig told the friend that he would not go with the police, that he would rather go into the woods and ?be done with it.?

A deputy sheriff met with the mother at the restaurant, who said that Mr. Kreyssig lived with her in Smyrna, that he suffered from post traumatic stress disorder for which he was not taking medication, that he had been arrested in the past for assaulting her, that he smoked marijuana, and that he had access to numerous firearms in the home. The deputy relayed the information to two other deputy sheriffs, who spoke with Mr. Kreyssig a short time later at the friend?s home. One of the deputies was Stewart Kennedy. In response to a suggestion by Deputy Kennedy that Mr. Kreyssig spend the night away from his mother?s house, Mr. Kreyssig responded that if he did not have a place to live, he may as well kill himself. Nevertheless, Mr. Kreyssig agreed to spend the night at the friend?s house. Mr. Kreyssig later expressed further suicidal ideations to the friend.

Late in the afternoon on Monday, February 10, 2015, Mr. Kreyssig, appearing emotionally distraught, visited the Smyrna Town Office. He inquired about the ownership of the residence where he and his mother resided and, when told that only his mother?s name appeared on the deed as owner, he became very emotional and said that no one cared whether he would have a place to live after his mother died. He said he was ?just a throwaway,? commenting that his family threw him away, the government threw him away, and ?I should just shoot myself.? Mr. Kreyssig left the town office and arrived home at about 4:30 p.m. At the residence, he encountered his brother who had brought groceries to the house, but the two men did not engage in conversation. The brother left and when he arrived at his home about two hours later he noticed a missed call from a cousin in Florida. He called the cousin who told him that Mr. Kreyssig had called her earlier, was very distraught, and told her that he was going to shoot himself. The brother called the Sheriff?s Office, related the substance of the cousin?s phone call and the fact that there were firearms in the Kreyssig residence and requested a wellbeing check on his mother. The call was assigned to Deputy Kennedy.

Deputy Kennedy contacted a state trooper, John Darcy, and briefed him on the situation, and the pair drove separately to Mr. Kreyssig?s residence. Sergeant Chadwick Fuller of the State Police was also briefed and drove separately to the residence. The three officers each arrived at the residence at about 7:15 p.m. and parked their cruisers on the side of the road. They saw a person Deputy Kennedy believed to be Mr. Kreyssig in an upstairs window. Deputy Kennedy and Trooper Darcy approached the residence on foot while Sergeant Fuller remained at the road side near the parked cruisers. At the same time, Mr. Kreyssig called 911 to report three cars with their lights off parked on the road outside his residence. While the dispatcher was patching the call through to Sergeant Fuller, Mr. Kreyssig?s mother invited Deputy Kennedy and Trooper Darcy inside the residence. She indicated that Mr. Kreyssig was upstairs in the house.

Deputy Kennedy encountered Mr. Kreyssig as he came down a darkened stairwell. He reminded Mr. Kreyssig that they had met the day before. Mr. Kreyssig, who seemed annoyed, demanded to know why there were cars parked out in front of the residence. Deputy Kennedy became suspicious when it appeared to him that Mr. Kreyssig was concealing something in his left hand, and yelled ?show me your hand.? Mr. Kreyssig ignored the command and continued down the stairwell. Mr. Kreyssig stopped about ten feet from Deputy Kennedy, shouted some obscenities, and started back up the stairwell. Deputy Kennedy followed Mr. Kreyssig. At this time, Trooper Darcy was in the kitchen and Sgt. Fuller had entered the residence and started toward the stairs.

Deputy Kennedy was only a step behind Mr. Kreyssig when he reached the upper half of the narrow stairway. Deputy Kennedy heard a loud pop and smelled a burning or smoky odor. He also saw that Mr. Kreyssig was holding a dark grey object close to his own face. As Mr. Kreyssig said, ?[Expletive], I missed,? Deputy Kennedy realized that Mr. Kreyssig had a gun in his hand and had discharged it. Deputy Kennedy ordered him to drop the gun to no avail. Sergeant Fuller heard the gunshot, heard Deputy Kennedy shout ?drop the gun,? and started up the stairwell. Fearing that Mr. Kreyssig would shoot him, Deputy Kennedy stayed as close to him as possible in an attempt to grab the gun or knock it out of Mr. Kreyssig?s hand. However, those attempts failed and once at top of the stairs, Mr. Kreyssig, still in possession of the gun, assumed a crouching position at which point Deputy Kennedy shot him twice. Sergeant Fuller, on his way up the stairs, heard the two gunshots and, based upon his observations when he reached the top of the stairs, he thought Deputy Kennedy had been shot. Mr. Kreyssig was about 4-6 feet from Sergeant Fuller when he turned his attention to Sergeant Fuller as if to engage him. In response, Sergeant Fuller shot Mr. Kreyssig. In Mr. Kreyssig?s left hand was a revolver. Four minutes had elapsed from the time the three officers arrived at the residence.

Emergency medical technicians summoned to the residence determined that Mr. Kreyssig was deceased. The next day, a postmortem examination and autopsy performed by Dr. Mark Flomenbaum, the state?s chief medical examiner, concluded that Mr. Kreyssig died from three gunshot wounds. Toxicology testing showed the presence of marijuana and Sertraline, an antidepressant, in Mr. Kreyssig?s body.

Conclusion

Attorney General Janet T. Mills has concluded that at the time Deputy Kennedy and Sgt. Fuller shot Mr. Kreyssig, each of them reasonably believed that unlawful deadly force was imminently threatened against them. It was reasonable for each officer to believe it necessary to use deadly force to protect himself and each other from deadly force. The Attorney General?s conclusions are based on an extensive forensic investigation, on interviews with numerous individuals, and on a thorough review of all evidence made available from any source. All facts point to the conclusion that the officers in this case acted in self-defense.

[1] 5 M.R.S. ? 200-A. [2] Deputy Kennedy discharged two rounds, and Sergeant Fuller a single round. [3] The gun was a .357 magnum five-shot revolver containing thee live rounds and two spent casings.

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Supporting documents

PDF of AG's Report on Kennedy/Fuller 2-10-2015

Report of the Attorney General on the Use of Deadly Force by Piscataquis County Deputy Sheriff on March 12, 2015

January 11, 2016

Finding: Officer fired in defense of self and others

Synopsis

On March 12, 2015, Quinton King, 56, of Monson, was shot and wounded by Piscataquis County Deputy Sheriff Kyle Wilson outside Mr. King?s residence in Monson.

Discussion

The Attorney General has exclusive responsibility for the direction and control of the criminal investigation of any law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force.[1] The detectives in the Office of the Attorney General who conduct the criminal investigation of such incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in Monson on March 12, 2015, that resulted in Mr. King being shot was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude a criminal prosecution of Deputy Wilson. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, state law provides that the fact that conduct may be justifiable under the Criminal Code does not abolish or impair any other remedy available under the law.

In order for any person, including a law enforcement officer, to legally use deadly force in self-defense or in defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

On the morning of March 12, 2015, the Monson town manager called the Piscataquis County Sheriff?s Office regarding the following threatening voicemail message left at the town office by Quinton King of Monson.

This is Quinton King. It?s Thursday. You have less than 12 hours to answer my demands. You are clearly being [expletive] idiot [expletive] morons if you don?t think I?m going to do what I say I?m going to do. I will sue the mother [expletive] pants off this town and everybody in it and I will own this mother [expletive] town because I already do anyway. So you better [expletive] make it right. [Call] if you?d like to discuss this with a [expletive] brain.

Prior to receiving the voicemail, the town office had received a letter from Mr. King outlining his dissatisfaction with the Town of Monson and, in particular, what he described as an inadequate response by the fire department to a fire at his residence. Deputy Sheriffs Kyle Wilson and David Wilson (no relation) responded to the Monson Town Office and listened to the message left by Mr. King. The town manager requested that the deputies serve Mr. King with a notice that he was not to come to the town office unless he called first and scheduled an appointment.

The deputies, both in uniform, drove their separate cruisers to a private way on which Mr. King?s residence and other residences were located. Deputy Kyle Wilson was accompanied by a civilian ?ride along.? A man at the first residence on the private road appeared in a second story window. He told the deputies that Mr. King had threatened to shoot his wife and son the previous night, and that his wife and son were at court applying for a protection order against Mr. King. The man told the deputies to ?watch out for the lead.? The deputies arrived at Mr. King?s residence and observed a downhill path to the residence that was not shoveled. Deputy David Wilson attempted to reach Mr. King by telephone. When that was unsuccessful, Deputy Kyle Wilson walked to the house, noting a sign hanging near the door to the residence that warned against trespassing.[2] He knocked on the door and Mr. King opened it about 8-10 inches but remained inside the residence. When Deputy Kyle Wilson explained that he was there concerning Mr. King?s issues with the Town of Monson, Mr. King slammed and locked the door.

Intending to continue to attempt to reach Mr. King by telephone, Deputy Kyle Wilson started back up the path when Mr. King stepped outside holding a rifle.[3] He was holding the rifle across the front of his body at a 45? angle with the barrel facing upward. Mr. King inserted a magazine into the firearm and worked the action in a manner consistent with loading it. Both deputies, believing that the weapon was loaded and ready to fire, drew their handguns and Deputy Kyle Wilson ordered Mr. King to ?drop the gun, drop the gun now!? When Mr. King began to turn the rifle towards the deputies, Deputy Kyle Wilson, positioned about 15 yards away, fired a single shot at Mr. King. Struck by the gunfire, Mr. King dropped the rifle. He walked into his house momentarily and came back outside holding a towel close to his body against a bleeding wound. Deputy Kyle Wilson moved toward Mr. King, demanding that he show his hands. Mr. King responded, ?Did you just shoot me?? Deputy Kyle Wilson continued to approach Mr. King while still ordering him to show his hands. Mr. King did not comply and when it appeared that he was going to pick up the rifle, Deputy Kyle Wilson tasered him. The Taser effectively subdued Mr. King and allowed the deputies to more safely approach and take him into custody. The deputies provided medical aid until emergency medical technicians arrived and transported Mr. King to a hospital. Mr. King was struck by a single gunshot, which entered his torso, exited, and struck his arm.

Mr. King was charged with criminal threatening with a firearm, harassment by telephone, and theft by unauthorized use of property.[4] In a plea agreement with the District Attorney?s Office on May 4, 2015, Mr. King was sentenced to two years? incarceration with all but five months suspended.

Conclusion

Attorney General Janet T. Mills has concluded that at the time Deputy Wilson shot Mr. King, he reasonably believed that unlawful deadly force was imminently threatened against him and Deputy David Wilson. It was reasonable for Deputy Kyle Wilson to believe it necessary to use deadly force to protect himself, Deputy David Wilson, and others within range of Mr. King?s weapon. The Attorney General?s conclusions are based on an extensive forensic investigation, on interviews with numerous individuals, and on a thorough review of all evidence made available from any source. All facts point to the conclusion that Deputy Wilson acted to defend himself and others from the unlawful use of deadly force by Mr. King.

[1] 5 M.R.S. ? 200-A. [2] The crudely constructed sign read ?Cheif Hennry Red Eagle, Free People Welcome All Who Come In, Owner of all you can see! Peace! Up to you to live or die. Please Stay out IF YOUR to Make War!? [3] The firearm was a .243 caliber semi-automatic rifle. It was later learned that the rifle was not loaded. [4] A vehicle found in Mr. King?s driveway the day of the shooting was discovered to have been stolen from a residence in Monson the evening of March 11, 2015.

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Supporting documents

PDF of AG's Report on Monson Incident 2015-03-12

Report of the Attorney General on the Use of Deadly Force by Oxford County Deputy Sheriff on May 20, 2015

January 11, 2016

Finding: Officer fired in defense of self and others

Synopsis

On May 20, 2015, Dennis Buffington, 31, of Lovell, was shot and seriously wounded by Oxford County Corporal George Cayer on the Nuthatch Road in Lovell.

Discussion

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force.[1] Detectives in the Office of the Attorney General, who are independent of and unaffiliated with any other law enforcement agency, conduct the criminal investigation of all such incidents. The purpose of the criminal investigation of the incident in Lovell on May 20, 2015, that resulted in Mr. Buffington being shot was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecution of Corporal Cayer. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, state law provides that the fact that conduct may be justifiable under the Criminal Code does not abolish or impair any other remedy available under the law.

In order for any person, including a law enforcement officer, to legally use deadly force in self-defense or in defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

In the early morning hours of May 20, 2015, after a night of drinking and partying with friends and relatives, Dennis Buffington and his girlfriend went to a neighbor?s home on the Nuthatch Road in Lovell. Although the pair lived with Mr. Buffington?s grandmother next door, the girlfriend refused to go home with Mr. Buffington because he was intoxicated and had become verbally abusive. Because of his unruly and threatening behavior, Mr. Buffington was told to leave the neighbor?s residence. He left, but returned a few minutes later with a shotgun. He was refused entry into the house. He told the neighbor that he was ?sick? of the girlfriend?s ?crap,? and he was going to ?beat the crap out of her.? He fired the shotgun into the ground in the direction of the neighbor, which resulted in the neighbor being struck by a spray of gravel. The neighbor retreated into his house. Mr. Buffington drove off in his girlfriend?s pickup truck.

A person at the neighbor?s house called the Oxford County Regional Communications Center a few minutes before 1 a.m. The caller reported that Mr. Buffington was intoxicated and had left the residence in his girlfriend?s pickup truck. The caller told the dispatcher that there were four adults and two children in the residence and that all four adults were intoxicated. The information was relayed to an Oxford County deputy sheriff, who requested that notification also be made to Oxford County Corporal George Cayer and the State Police. While officers were responding to the Nuthatch Road residence, the dispatcher spoke to another person at the residence. This other person was the neighbor who had initially confronted Mr. Buffington and he told the dispatcher that Mr. Buffington had returned to the residence. It was at this time, about ten minutes after the initial call, that the dispatcher learned from the neighbor that Mr. Buffington had a shotgun and that during the initial confrontation with the neighbor, Mr. Buffington had discharged the shotgun in his direction. While speaking with the dispatcher, the neighbor reported that Mr. Buffington had been outside the residence and that he had just fired the gun again and left, possibly on foot. It was also reported by one of the other adults in the house that Mr. Buffington owned several firearms that were stored at his grandmother?s residence next door.

About a half hour after the initial call to the police, several officers, including Corporal Cayer, were staged near the neighbor?s residence. They did not know at that point the precise whereabouts of Mr. Buffington. They learned from dispatch that when a person in the neighbor?s house called the grandmother at the Buffington residence next door that Mr. Buffington reportedly picked up the phone. At about the same time, Mr. Buffington?s girlfriend told the dispatcher that a 13-year-old boy in the neighbor?s house was having an asthma attack. At around 2 a.m., as officers and dispatch attempted to get more information concerning the whereabouts of Mr. Buffington, it was learned that Mr. Buffington had used his girlfriend?s pickup truck to ram the neighbor?s house and that he left the area, again possibly on foot. Officers approached the neighbor?s house and evacuated all the occupants while Corporal Cayer and State Police Trooper Adam Fillebrown moved through the woods to a position within about 125 feet of the Buffington residence where they intended to wait for the arrival of the State Policed Tactical Team.

Shortly after 3 a.m., officers were informed by dispatch that the grandmother had reported that Mr. Buffington was at the Buffington residence. At about the same time, Corporal Cayer and Trooper Fillebrown observed Mr. Buffington outside the residence. They heard him yelling ?faggots? and repeating several times ?I?m going to kill you,? as well as ?c?mon mother [expletive], I?m going to kill someone tonight.? The officers understood these comments to be directed toward them. Mr. Buffington did not appear to be armed as he walked toward Corporal Cayer and Trooper Fillebrown. When the two officers started walking toward him, Mr. Buffington turned and disappeared from their view behind an abandoned camper trailer that was overgrown with brush. Mr. Buffington came back into view and the two officers saw him walk back into the Buffington residence. The officers heard banging noises and saw Mr. Buffington emerge from the residence. Mr. Buffington was shouting ?I?m going to kill you? and ?come out you pussies.? As Mr. Buffington walked toward the officers, he picked up what the officers believed to be a long gun. Mr. Buffington continued to threaten the officers as he walked toward them swinging the long gun in his right hand. He then turned and walked back toward the residence where he sat down in a chair on the porch. Mr. Buffington was quiet as he sat with the firearm on his lap; the muzzle was pointed in the direction of the Corporal Cayer and Trooper Fillebrown.

A few minutes later, Mr. Buffington got up from the chair and started walking directly toward Corporal Cayer and Trooper Fillebrown, again swinging the long gun in his right hand and repeating, ?I?m going to kill you.? When Mr. Buffington was within 60-75 feet of the officers, Corporal Cayer fired one round at him. The round struck Mr. Buffington and he doubled over. Still armed, Mr. Buffington turned and ran toward his residence. Corporal Cayer, concerned that Mr. Buffington could harm persons in the residence or take up a barricaded position, fired an additional round, which also struck Mr. Buffington but did not stop him from entering the residence. At the same time, Mr. Buffington?s grandmother, who was on the telephone with dispatch, reported that that Mr. Buffington was in the residence on the living room floor and that he had been shot in the chest. The dispatcher instructed Mrs. Buffington to leave the residence. She left and, shortly thereafter, Mr. Buffington came outside, was taken into custody and provided medical aid until transported by ambulance to a Lewiston hospital.

Mr. Buffington sustained two gunshot wounds, one entering and exiting his chest and the other entering his left thigh and traversing to his right thigh. He was later charged by the Oxford County District Attorney?s Office with criminal threatening with a dangerous weapon, aggravated criminal mischief, driving to endanger, discharge of a firearm near a dwelling, and six counts of reckless conduct.

Conclusion

Attorney General Janet T. Mills has concluded that at the time Corporal Cayer shot Mr. Buffington, he reasonably believed that unlawful deadly force was imminently threatened against not only himself but Trooper Fillebrown and other officers within range of Mr. Buffington?s weapon, as well as other persons with whom Mr. Buffington would come in contact if permitted to reenter the residence. It was reasonable for Corporal Cayer to believe it necessary to use deadly force. The Attorney General?s conclusions are based on an extensive forensic investigation, on interviews with numerous individuals, and on a thorough review of all evidence made available from any source. All facts point to the conclusion that Corporal Cayer acted to defend himself and others from the unlawful use of deadly force by Mr. Buffington.

[1] 5 M.R.S. ? 200-A.

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Supporting documents

PDF of AG's Report on Lovell Incident 2015-5-20

AG Issues Letter to Prescribers regarding Opioids

December 16, 2015

December 16, 2015

Dr. Timothy Oh, President
Maine Dental Association

Brian R. Pierce, M.D., President Maine Medical Association

Evelyn Kieltyka, President
Maine Nurse Practitioner Assn.

Irene Eaton, MSN, RN, CS, President ANA Maine Nurses Association

Lisa Gouldsbrough, D.O., President
Maine Osteopathic Association

Steve Blessington, PA-C, President Maine Assn. of Physician Assistants

Meghan Flanagan, DVM, President Maine Vet. Medical Association

Keith Kendall, DPM, President
Maine Podiatric Medical Assn.

The scourge of heroin and opioid abuse is an extraordinary crisis requiring an all hands on deck approach.

I need not recite the statistics, the anecdotes or the obituaries.

Perusing the attached case summary (de-identified) from the Chief Medical Examiner?s Office in one recent month is sufficient to make the problem dramatically clear: 21 apparent drug overdose deaths, roughly five a week, eight of them involving prescription medications.

No one group or sector is the cause of the problem or the source of the cure; nor will the problem be solved by a single act, a single piece of legislation or one governmental fiat. But your members and their staffs can be part of the solution by reining in the proliferation of opioid painkillers in our state, now tallying more than a million prescriptions each year.

There are several things you can do:

  1. Two days ago, the United States CDC proposed new guidelines for prescribers of opioids. https://www.washingtonpost.com/news/to-your-health/wp/2015/12/14/hoping-to-curb-the-prescription-opioid-epidemic-cdc-proposes-new-guidelines-for-doctors/ I urge you to review this proposal and to incorporate these suggestions in your practices wherever possible as soon as possible

  2. Medication-assisted treatment being one of the few modes of treatment known to wean addicts off drugs, I urge all of you who are eligible to become prescribers of buprenorphine.

  3. Most importantly, I urge you or your staff to check the Prescription Drug Monitoring Program before prescribing painkillers. Checking the PDMP is faster and easier than ever, and, while not mandated in this state, it is becoming standard practice across the country.

  4. In addition to the usual disclosures about prescription drugs, prescribers of painkillers and pharmacists dispensing them can also provide a warning about the misuse of these drugs. I have drafted such a warning that comports with the Maine Criminal Code, and that document is attached.

Other recommendations will be forthcoming soon from the Maine Anti-Heroin/Opiate Initiative headed by U.S. Attorney Thomas Delahanty, Public Safety Commissioner John Morris and me.

In the meantime, I thank you for your thoughtful and energetic cooperation in this critical effort.

Yours very truly,

Janet T. Mills Attorney General

cc:
Board of Licensure of Dental Examiners Board of Licensure in Medicine State Board of Nursing State Board of Optometry Board of Osteopathic Examiners and Registration Board of Licensure of Podiatrists State Board of Veterinary Medicine

Supporting documents

PDF of AG Letter to Prescribers with attachments 2015-12-16

Attorney General Mills urges adoption of new opioid prescribing guidelines

January 14, 2016

AUGUSTA ? As deaths from drug overdoses skyrocket in Maine and across the nation, Attorney General Janet T. Mills is urging the federal Centers for Disease Control and Prevention to adopt proposed opioid prescribing guidelines for physicians. In a letter to CDC Director Tom Frieden Attorney General Mills expressed concern that the potential harms associated with opioids must be better balanced with any benefits.

?The increase in overdose deaths has made prescribing protocols a law enforcement and public safety issue,? said Attorney General Mills. ?Unfortunately, many prescribers, particularly primary care and family physicians, lack clear and practical guidance in deciding when and how to prescribe opioids. Some are afraid to prescribe opioids at all for fear that they will jeopardize their patients health ? or even their medical licenses. Others provide their patients with opioids when alternative treatments might be a more effective long term method of care.?

In 2014, Maine experienced a record 208 deaths caused by drug overdose, and through the first nine months of 2015 there were 174 deaths from drug overdose. Of the deaths in the first nine months of 2015, 113 (65%) involved at least one pharmaceutical drug and 111 (64%) involved at least one illicit drug. Many of these deaths (29%) were caused by a combination of pharmaceutical and illicit drugs. Pharmaceutical opioids remain a key substance category, with 70 deaths (40%) caused by at least one pharmaceutical opioid.

?The Department of Justice reports that eighty percent of people arrested for heroin offenses say they started using prescription painkillers,? said Attorney General Mills. ?We are awash in these substances. The CDC reports that in 2012 healthcare providers wrote 259 million prescriptions for painkillers. This is enough for every adult in the United States to have a bottle of pills. Last year in Maine there were about one million scripts for opioids written. As law enforcement works to interdict the supply of heroin and fentanyl, we need doctors and other prescribers to reduce the supply of prescription opioids.?

In December Attorney General Mills wrote to Maine prescribers to urge them to take steps to address Maine?s opioid crisis. Suggested steps included: begin incorporating the CDC?s proposed guidelines into their practices; become eligible to prescribe opioid replacement therapy, such as buprenorphine; check the state?s Prescription Drug Monitoring Program for every script of a controlled substance; and, warn patients about the potential dangers and consequences of misusing or diverting opioids.

The letter sent to the US CDC regarding prescribing protocols for opioids was signed by Attorney General Mills and 35 other attorneys general.

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The US CDC has proposed new opioid prescribing guidelines to curb the number and duration of scripts written and to encourage non-opioid treatment of pain

Supporting documents

PDF of AGs Letter to CDC re Opioid Prescribers 2016-01-13

Maine Restaurant Owner Going to Jail for 8 months for Stealing Sales Tax

January 27, 2016

AUGUSTA ? Attorney General Janet Mills announced today that Christo Stratos, 69, of Wells, Maine, was sentenced to serve 8 months in jail after pleading guilty to multiple counts of: Theft by Misapplication of Sales Tax; Intentional Evasion of Sales Tax; and Failure to Truthfully Collect, Account, and Pay Over Sales Tax. Stratos committed the crimes in connection with his operation of the restaurant Christo?s Place in Sanford.

From 1999 through 2014 Stratos collected sales tax from restaurant patrons, but turned over only a fraction of that tax to the Maine Revenue Services. Instead, he significantly underreported his gross sales and the resulting sales tax. Stratos stole a total of $243,902 in collected sales tax during this time frame. Stratos admitted to the Maine Revenue Services? criminal investigators that he thought it was ?commonplace? for business owners to underreport collected sales tax.

York County Superior Court Justice Lance Walker sentenced Stratos to 4 years, with all but 8 months suspended, and 3 years of probation. The State already has recovered $100,000 from Stratos and will be recovering an additional $50,000 before Stratos begins his sentence on February 8, 2015. Stratos also was ordered to pay the remaining restitution of $93,902.

Attorney General Mills commented, ?Business owners are entrusted to collect sales tax on behalf of the State and properly pay it over to Maine Revenue Services. My Office will pursue and prosecute individuals who abuse this trust and steal these taxes."

This case was investigated by the Maine Revenue Services? Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled this matter for the Attorney General?s Criminal Division.

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Princeton man sentenced to 10 days for dumping 96,000 gallons of sewage in a residential neighborhood

January 28, 2016

AUGUSTA - Attorney General Janet Mills announced today that Dennis L. Brown, Jr., age 32, of Princeton, was sentenced to 10 days in jail for violating Maine?s environmental laws. The Attorney General alleged that Brown, who served as the certified operator for the Passamaquoddy Tribal Government?s wastewater treatment plant in Indian Township, engaged in and directed the unlicensed discharge of untreated sewage from a malfunctioning pump station by dumping the raw concentrated sewage immediately behind a residential area over the course of several days in November 2014.

Brown initially reported to the Department of Environmental Protection that the sewage was being transported by truck to another station that was functional for further pumping to the tribal wastewater treatment plant. Contrary to Brown?s report, however, the sewage had been continuously dumped directly onto the ground and into nearby woods and waters. It is estimated that up to 96,000 gallons were unlawfully dumped before DEP was notified and corrective action taken.

Brown pled guilty to criminal violation of environmental laws in Calais District Court on January 27, 2016. Judge David J. Mitchell imposed the 10 day sentence and a $2,500 fine. Brown also agreed to formally surrender his wastewater operator?s certification. Brown is scheduled to report to jail on February 5.

?Most public works departments try hard to comply with Maine?s environmental laws in order to protect the environment and the health and safety of all Maine people,? commented Attorney General Mills. ?On those rare occasions when a person violates these laws with criminal intent, this office will prosecute and seek significant sanctions to deter future violations. In this case, not only was there an impact on the environment, but Brown?s conduct created a serious risk to the health and safety of nearby residents.?

Attorney General Mills thanked the Passamaquoddy Tribal officials and the Maine Department of Environmental Protection for their cooperation with this joint investigation. Assistant Attorney General Leanne Robbin and Assistant Attorney General Scott Boak handled the matter for the Attorney General?s Office.

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Attorney General Mills and Federal Trade Commission take joint enforcement action against Maine weight loss pill dealer

February 5, 2016

AUGUSTA ? Maine Attorney General Janet T. Mills and the Federal Trade Commission have acted to halt the sale and marketing of weight-loss pills ?AF Plus? and ?Final Trim? and other dietary supplements sold by ?Direct Alternatives? and other companies owned by Anthony and Staci Dill of Scarborough. The federal court complaint details deceptive practices by the Dills? companies in advertising weight-loss products and charging consumers for unauthorized products and services, in violation of state and federal law. The Dills agreed to a settlement with the State of Maine and the FTC, which has now been signed by a federal judge.

?This company preyed on the vulnerability of consumers who seek a legitimate weight loss program,? said Attorney General Mills. ?The conduct here is not limited to making false claims about their products; it also includes charging consumers hundreds of dollars in automatic monthly orders and making it very difficult for customers to cancel orders or get their money back. The Maine Attorney General?s Office is grateful to the FTC for the resources and assistance it brought to this case.?

One radio ad for the company?s products claimed: ?With the metabolism-boosting benefits of AF Plus, you can keep eating your favorite foods and STILL lose pounds and inches ? in fact we guarantee it!? Other ads claimed consumers would ?experience maximum weight loss ? pounds in days.? Ads stated that these claims were ?proven? but in fact they lacked scientific support.

?The Dills? companies told a blizzard of lies,? said Jessica Rich, Director of the FTC?s Bureau of Consumer Protection. ?They sold worthless weight-loss supplements, lied about their supposed ?free trial? offers, took people?s money with unauthorized auto-renewal plans, and made it nearly impossible to return their bogus products.?

The company promised consumers a 30-day ?risk-free trial? but in fact, the company made it difficult to cancel orders and obtain a refund. The company then billed consumers for unauthorized charges, automatically enrolling them in a monthly ?continuity plan,? billing many consumers $79.90 a month, and refusing to refund money once consumers found the weight-loss pills were ineffective.

When consumers called to order AF Plus and Final Trim, they were also deceived by ?upsells? which repeatedly promised consumers $80 in Walmart or Target gift cards for enrolling in trial memberships in two ?buying clubs.? However, consumers did not receive the full value of the gift cards and instead confronted a complicated process to receive even a fraction of the value of the gift cards.

The settlement permanently enjoins the Dills from engaging in practices in the future and requires them to forfeit some of their ill-gotten gains. This case is the first joint enforcement action that the State of Maine has brought with the Federal Trade Commission for violations of state and federal law. On January 15, 2016 the FTC Commissioners voted in favor of filing the complaint in the U.S. District Court for the District of Maine.

Attorney General Mills thanked Assistant Attorney General Brendan O?Neil for his efforts in this case and the FTC for their cooperation and assistance.

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Supporting documents

Direct Alt Complaint

Direct Alt Final Settlement Order

Maine Attorney General announces new hire for Unsolved Homicide Unit

February 9, 2016

AUGUSTA ? Maine Attorney General Janet T. Mills today announced that a final hiring decision has been made to complete the staff of Maine?s Unsolved Homicide Unit. Renee Ordway has been hired to serve as the Victim Advocate to work with the family members in these cases, making the unit fully staffed.

?In her 30 year career in journalism, Renee has demonstrated an ability to give voice to victims in a manner that has earned her a reputation for fairness and compassion,? said Attorney General Mills. ?We are very pleased to have the unit at full complement and working on these difficult cases. As we have said over the last several years as the Legislature considered creating this unit, we cannot guarantee convictions, but we can guarantee our undivided attention and our best efforts.?

In June, 2015, the legislature recognized the need to devote additional, dedicated resources to the investigation of unsolved homicides. It created Maine?s first unsolved homicide unit and funded positions for two Maine State Police detectives and one forensic chemist to work exclusively on State Police unsolved homicide cases in coordination with a prosecutor in the Office of the Attorney General. In late December, the Maine State Police selected and assigned detectives Jay Pelletier and Bryant Jacques to the Unsolved Homicide Unit. They are joined by Forensic Chemist Alison Gingras of the State Crime Laboratory. Lara Nomani is the Attorney General?s Office dedicated prosecutor within the Criminal Division to review these cases. Renee Ordway now joins this team of professionals as a Victim Advocate within the Attorney General?s Office.

Lt. Jeffery Love, who oversees the State Police involvement of the unit, said Ordway?s appointment rounds out a team of ?committed and veteran professionals.? The two detectives have 40 years of combined State Police service, coupled with Gingras? 17 years of experience at the State Police Crime Lab. ?There will not be instant results, but the team assembled have vast experience as they work with the Attorney General?s Office to continue to investigate the state?s unsolved homicides,? Love said.

Renee Ordway?s first day at the Attorney General?s Office will be in the in the coming weeks.

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Report of the Attorney General on the Use of Deadly Force by Penobscot County Deputy Sheriff on June 28, 2015 in Carmel

February 29, 2016

Synopsis

On June 28, 2015, Alexis Lannon, 20, of Brewer, was shot and wounded by Penobscot County deputy sheriff Kari Kurth on the Main Road in Carmel.

Discussion

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force.[1] The detectives in the Office of the Attorney General who investigate these incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in Carmel on June 28, 2015, which resulted in Ms. Lannon being shot, was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecution of Deputy Kurth. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, state law provides that conduct determined to be permissible under the Criminal Code does not abolish or impair any other remedy available under the law.

In order for any person, including a law enforcement officer, to use deadly force legally in self-defense or in defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of deadly force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

Alexis Lannon spent the majority of her childhood in a boarding school for children with mental illness. She had a history of mental health episodes that resulted in several interactions with law enforcement. When she turned 18 years of age, Ms. Lannon left the boarding school and moved to a supported living facility in Brewer. In the early evening of June 27, 2015, a staff member of the supported living facility drove Ms. Lannon to Bangor to watch a baseball game. While at the baseball field, Ms. Lannon yelled unintelligibly at the staff member and ran off. The staff member had known and interacted with Ms. Lannon for several months and during that time had not observed Ms. Lannon behave in a similar fashion. The staff member and local firefighters searched the area of the baseball field for Ms. Lannon with no success. Ms. Lannon was reported as a missing person to the Brewer Police Department, which issued a statewide missing person broadcast that evening at about 9:30 p.m. During the night and into the morning of the next day, heavy rain fell in the area and the temperature was in the low 50?s.

The next morning, at about 8:30 a.m., several people in Carmel observed and reported to police strange behavior of a person later determined to be Ms. Lannon. The first sighting was by a motorist who saw Ms. Lannon emerging from under a bridge that crosses Souadabscook Stream.[2] A few minutes later, a couple residing on Main Road saw Ms. Lannon walking in the center of the road. They reported that she was swinging an object that appeared to be a ?bola type weapon.? It was described as a rope with a railroad spike attached at its end.[3] The couple also saw a car slow down, and it appeared that the driver was attempting to assist Ms. Lannon, who was walking in the center of the roadway. The driver noticed that Ms. Lannon was holding a rope in her hand, and that attached to the end of the rope was a railroad spike. He also noticed that the spike was being dragged along the roadway. The driver contemplated going around Ms. Lannon but he stopped when she approached the driver?s door of his car. While he was stopped, Ms. Lannon struck the door and window of his car with the railroad spike attached to the rope.[4] The driver got out of his car and asked Ms. Lannon why she hit his car and she responded that ?I don?t care what happens.? The driver described Ms. Lannon?s behavior and demeanor as similar to an intoxicated person. The driver drove to a local store and asked a clerk to call the police.

Another resident of Main Road saw Ms. Lannon walking in the roadway and heard the sound of glass breaking. It was later determined that Ms. Lannon had used her homemade weapon to smash the windshield of a car parked across the road. At about 9 a.m., another Carmel resident saw Ms. Lannon walking on Main Road swinging a rope with something metal attached to the end and striking traffic signs with the object. He also said that vehicles traveling on Main Road were swerving around the woman. Fifteen minutes later, another resident on the Main Road saw Ms. Lannon approach his mailbox carrying an object described as a rope with several attached metal spikes. The resident watched as Ms. Lannon tried to break the door off the mailbox and then began breaking off other pieces of the mailbox. As the resident approached Ms. Lannon and yelled at her to stop vandalizing the mailbox, she started swinging the homemade weapon over her head and yelled, ?Do you want some of this?? The resident went into his house and called the police. He saw Ms. Lannon cross the road and strike the doors of the post office with the weapon and then he saw her damage lamp posts at the entrance of a church.[5]

Lt. Darren Corriveau of the Carmel Fire Department stopped at a local store at about 8:50 a.m. and the clerk told him about Ms. Lannon?s behavior and asked him for the number to the Penobscot County Sheriff?s Office. After leaving the store in his vehicle, Lt. Corriveau saw Ms. Lannon damaging the lamp posts at the church on Main Road. He parked on the side of the roadway and called the Sheriff?s Office. He continued to watch Ms. Lannon and when he saw her walking towards him in an agitated manner, he backed his vehicle down the road. He stated that Ms. Lannon was holding a rope with attached metal spikes in her right hand and making a fist with her left hand. Deputy Sheriff Kari Kurth arrived and Ms. Lannon turned her attention towards her. Deputy Kurth was in uniform and driving a fully marked police cruiser.

Deputy Kurth was notified at about 9 a.m. of a female individual, later identified as Alexis Lannon, who appeared to be under the influence of drugs or alcohol on Main Road in Carmel near a church. Deputy Kurth was less than five minutes away when she received the notification from the Penobscot County Regional Communications Center (PCRCC). It was raining and overcast at the time. As she responded, Deputy Kurth learned that Ms. Lannon was at the post office, that she had destroyed property and that she had a weapon, described as a metal object on the end of a rope. Two minutes after receiving the call, Deputy Kurth arrived near the church and observed a parked vehicle in the roadway facing in her direction. The vehicle was blocking the eastbound lane of the road. She recognized the driver as a member of the Carmel Fire Department. The vehicle?s headlights were on and were illuminating Ms. Lannon, who was standing in the middle of the roadway. Ms. Lannon did not appear to see Deputy Kurth?s cruiser. Ms. Lannon was swinging the rope with the attached metal spikes in a circular motion in front of her like a propeller. Deputy Kurth parked her cruiser. Before she got out of the cruiser, Ms. Lannon turned and saw her and began walking toward the cruiser. Deputy Kurth got out of her cruiser, shut the door, and yelled at Ms. Lannon to put her weapon down. Deputy Kurth removed her handgun from its holster, pointed it at Ms. Lannon and ordered, ?Put your weapon down! Put your weapon down! I will shoot! Sheriff?s Office! Put your weapon down!?

Ms. Lannon refused to comply with Deputy Kurth?s instructions and continued walking toward Deputy Kurth, as Deputy Kurth began backing up. Deputy Kurth kept ordering Ms. Lannon to drop her weapon. Deputy Kurth described the object brandished by Ms. Lannon as a ?homemade type weapon, medieval type with spikes on the end of a rope which she was swinging around.? Ms. Lannon kept moving toward Deputy Kurth, saying nothing, but staring directly at the deputy and continuing to swing her weapon in a threatening propeller motion. As Deputy Kurth continued to back away from Ms. Lannon, she kept her handgun pointed at Ms. Lannon and attempted to maintain a consistent distance from Ms. Lannon as Ms. Lannon continued to advance on her.

Deputy Kurth moved behind her cruiser and when Ms. Lannon reached the driver?s side of the cruiser, she struck the side of the cruiser with her weapon while continuing to stare at Deputy Kurth. Deputy Kurth continued to shout orders to drop the weapon, but Ms. Lannon ignored them and continued advancing toward her. By this time, Deputy Kurth noticed that Lt. Corriveau and another person had positioned themselves behind her. After additional orders to stop and drop the weapon, Deputy Kurth, now less than 20 feet from Ms. Lannon, fired one round at Ms. Lannon. The bullet struck her in the abdomen, at which point she stopped advancing but held onto her weapon and continued to stare at Deputy Kurth. Deputy Kurth yelled again for Ms. Lannon to put her weapon down. Ms. Lannon threw the weapon at Deputy Kurth and sat down in the roadway. When Ms. Lannon started to get back up, Deputy Kurth instructed her to stay on the ground. Ms. Lannon removed three rocks from her pocket and threw them at Deputy Kurth. Deputy Christopher Gray arrived shortly thereafter. At that point it was not yet determined whether Ms. Lannon was armed with other weapons. Ms. Lannon began removing additional items from her pockets, including a pair of socks, and throwing them at the deputies. Ms. Lannon then began to get up on her hands and knees at which point she was instructed by the deputies to stay down. Deputy Kurth said that during the incident, Ms. Lannon never broke eye contact with her.

Emergency medical technicians from the Carmel Fire and Rescue Service arrived and, while Ms. Lannon kicked at them and resisted treatment, they administered medical aid. Ms. Lannon was taken by ambulance to a Bangor hospital. Her injury was determined to be a gunshot wound that entered her left abdomen and exited her lower left back area. No internal organs were damaged by the bullet. She was discharged from the hospital four days later and returned to her residence in Brewer. Ms. Lannon was arrested on July 23, 2015, on a warrant charging criminal threatening with a dangerous weapon and two counts of criminal mischief. On September 9, 2015, the Bangor Unified Criminal Court found Ms. Lannon not competent to stand trial, and she was ordered committed to the Riverview Psychiatric Hospital in Augusta.

Conclusion

Attorney General Janet T. Mills concludes that at the time Deputy Kurth shot Ms. Lannon, she reasonably believed that unlawful deadly force was imminently threatened against her and others. It was reasonable for Deputy Kurth to believe it necessary to use deadly force to protect herself and any other persons within range of Ms. Lannon and her dangerous weapon. The Attorney General?s conclusions are based on interviews with numerous individuals, an extensive forensic investigation, and a review of all the evidence available from all sources. All facts lead to the conclusion that Deputy Kurth acted to defend herself and others from the unlawful use of deadly force by Ms. Lannon.

[1] 5 M.R.S. ? 200-A. [2] The Souadabscook Stream Bridge is located just a few feet from railroad tracks. The distance along the railroad tracks from the Bangor baseball field to the Souadabscook Stream Bridge in Carmel is 17 miles. [3] The bola (Spanish for ball) is a throwing weapon that generally consists of three weights on the end of three ropes. [4]The damage to the vehicle?s door and window was later estimated at $1,625.90. [5] It was later determined that damage to the posts was $500.00.

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Consumers Notified of Festiva Settlement With the State of Maine

February 29, 2016

AUGUSTA Maine Attorney General Janet T. Mills announced that over 800 consumers who were customers of Festiva Development Group have been notified of the relief that Festiva is providing pursuant to a settlement reached by the parties through court-ordered mediation. The settlement resolves an action the Maine Attorney General's Office brought in November 2013 against six related Festiva companies based in North Carolina, their principals and the Festiva Adventure Club Members' Association. The Attorney General's Office alleged that the companies engaged in unfair and deceptive practices in marketing and selling Festiva's points-based vacation club memberships in Maine.

Festiva sold consumers points for memberships in its vacation club at high pressure sales presentations held at the Rangeley Lake Resort and at its sales office on Riverside Drive in Portland. Festiva told consumers they could use points to take vacations any time at various resorts in Florida, the Carolinas, Missouri, and at Rangeley Lake. However, many consumers discovered after they signed Festiva's 40-year contract that membership in its vacation club was not what they thought.

Consumers reported that it was impossible to book a vacation because of a lack of accommodations at Festiva's resorts, particularly at peak times and locations. Consumers who thought they could save points to use in another year found that their points could not be carried over. Many received escalating bills for maintenance fees and unexpected special assessments. Consumers who tried to cancel memberships were told they had signed a 40-year contract obligating them to pay fees and assessments even if they were unable to schedule a vacation at a Festiva resort.

The settlement provides relief to different groups of Festiva customers who had different experiences with the company. Based on customer files and information provided by consumers, Festiva has written to each consumer entitled to relief to advise the consumer of the relief offered and the steps that must be taken to obtain the relief. Depending on the group, consumers may be released from their 40-year contract or have the term reduced to 10 years; and those who traded in a deeded timeshare week to buy a membership can get it back. Festiva will also request that credit reporting agencies remove any trade line on a consumer's credit report related to money owed to Festiva. In addition, Festiva has agreed not to sell any Festiva Adventure Club memberships in Maine for three years.

"This was a very complex case," Attorney General Mills said, "and resolving the various complaints of 800 different consumers was a challenge. A common theme to all of these complaints was the 40-year contract and the escalating maintenance fees. We felt it was important to help get people out from under the financial burden imposed by an extremely long contract period not adequately disclosed during the sales process. This case should serve as a warning to other businesses that would try to deceive consumers into signing onto longterm contracts with fine print containing unexpected financial entanglements."

Consumers who did not file a complaint or survey about Festiva prior to the settlement may still be able to receive relief from the company. Consumers with questions may contact the Attorney General's Consumer Protection Division.

Office of the Attorney General
Consumer Protection Division Festiva Complaints
State House Station 6 Augusta, ME 04333-0006

Attorney General Janet T. Mills commended Assistant Attorney General Linda Conti, Assistant Attorney General Carolyn Silsby and the many staff and volunteer mediators who assisted in resolution of this large case.

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Attorney General files Deceptive Trade Practice action against Barry Somes and associated businesses

March 3, 2016

AUGUSTA ? Attorney General Janet T. Mills announced today that she has filed an Unfair and Deceptive Trade Practices Act complaint against Barry Somes of Cumberland Center. The complaint alleges that Somes operated under numerous business names and failed to deliver on promised vacation tours after taking advanced payments and failing to provide refunds to affected consumers.

Somes operated businesses including TourBUSters, Club Impac, and Seacoast Convention Bureau, among others. These businesses purported to offer motor coach tours to destinations around the Northeast United States and Canada. Somes also advertised that net profits from some tours would be donated to benefit children; the complaint alleges that that did not happen. Numerous consumers complained that after they made deposits, Somes would contact them saying that the tour had been cancelled. When the consumer requested a refund on their deposit, Somes would attempt to convince the consumer that for various reasons he could not give the refund or charge them a cancellation fee. Somes has exhibited this pattern over numerous years, prompting this action from the Attorney General to enjoin him from future similar business ventures. In the last several years the Attorney General?s Office has received 54 complaints from consumers seeking refunds of deposits paid to Somes. Of these 54, Somes has paid refunds to only 17 consumers.

?Mr. Somes took money from many elderly people who were looking forward to what might be their only vacation of the year,? said Attorney General Mills. ?He pulled the rug out from under them by not only cancelling their plans, but also failing to provide timely refunds so they could make alternate arrangements. This is not how a reputable business operates. By bringing this action, we hope to discourage others from trying to do the same.?

The Attorney General is also seeking an accounting of how the consumers? deposits were used and a disgorgement of any ill-gotten gains by Mr. Somes. Should the court find that his actions were intentional, the court could impose a $10,000 civil penalty for each violation. The civil complaint brought under Maine?s Unfair and Deceptive Trade Practices Act was filed in Kennebec County Superior Court on February 29, 2016.

The Maine Office of the Attorney General is interested in hearing from any other consumers who may have had similar dealings with Mr. Somes. They are encouraged to contact the Office of the Attorney General?s Consumer Protection Division.

Office of the Attorney General
Consumer Protection Division
State House Station 6 Augusta, ME 04333-0006 Consumer.mediation@maine.gov Tel: 1-800-436-2131

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Supporting documents

Somes Complaint As Filed 3-3-16

272 People died of a drug overdose in Maine in 2015 ? 31% jump

March 7, 2016

AUGUSTA - Maine has recorded another grim record due to drug overdose deaths. 272 people died in Maine in 2015 due to drug overdose, a 31% increase over 2014, which saw a record 208 overdose deaths. The final analysis of drug overdose deaths exceeded initial estimates largely due to an increase in deaths caused by heroin and/or fentanyl in the second half of the year.

In 2015, 157 deaths were caused by heroin and/or non-pharmaceutical fentanyl and 111 were caused by pharmaceutical opioids. Overdose deaths in 2015 caused by illicit drugs exceeded overdose deaths due to pharmaceutical opioids for the first time, even though the number of deaths caused by pharmaceutical opioids increased slightly as well. Nearly all deaths were in combination with other intoxicants.

?These figures are shocking,? said Attorney General Janet T. Mills. ?Maine averaged more than five drug deaths per week. That is five families every week losing a loved one to drugs. These are sons and daughters, mothers and fathers, our neighbors, our friends. I applaud the families who have come forward to share their stories about the struggles they have endured in watching a loved one succumb to addiction and the pain it has caused. Behind every one of these deaths is a story that must be told as a warning to anyone who thinks opiates are a harmless party drug with no consequences. No one is immune from addiction. No one is immune from overdose. No one is immune from death. We must use every effort to intervene in these people?s lives before it is too late.?

Two-thirds of the decedents in 2015 from a drug overdose were men. The ages of decedents ranged from 18 to 89, though most deaths were of those under the age of 60. The average age of a decedent was 42 (the average age of a Maine resident is 43).

While all counties recorded at least one overdose death, approximately 78% of the overdose deaths occurred in Maine?s five most populous counties, which account for 65% of Maine?s population. Cumberland County recorded 32% (86) of the statewide total. The City of Portland recorded 46 deaths, followed by Lewiston with 15 deaths and Bangor with 13 deaths.

Comparing the 2014 and 2015 death rate per 100,000 of population for the five largest counties, Cumberland County's rate increased from 15.3 to 30.5, an increase of 100%, Kennebec County increased 65%, Penobscot County increased 30%, Androscoggin County increased 4%, and York County increased 3%.

In 2015 there were 107 deaths attributable to heroin; 94 of which included at least one other drug or alcohol mentioned on the death certificate. Of the 87 deaths attributable to fentanyl or acetyl fentanyl, 68 included at least one other drug or alcohol mentioned on the death certificate. There were 34 deaths in which cocaine was involved in 2015, up from 24 in 2014.

?These death statistics are just one measure of Maine?s drug crisis,? said Attorney General Mills. ?More must be done to preserve lives and protect our communities from the negative effects that drug abuse has on us. Prevention, intervention, treatment and law enforcement all must play larger roles in stemming this deadly tide.?

The drug overdose death analysis was conducted for the Attorney General, Office of the Chief Medical Examiner by Marcella Sorg, PhD, D-ABFA of the Margaret Chase Smith Policy Center at the University of Maine.

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Supporting documents

Sorg Drug Death Memo to AG 2015

Report of the Attorney General on the Use of Deadly Force by Bridgton Police Officer on September 23, 2015 in Naples

March 22, 2016

Synopsis

On the night of September 23, 2015, in Naples, Bridgton police officer Todd Smolinsky shot at a vehicle being operated by Melissa Penpraese, 45, of Naples, in order to disable the vehicle. Neither Ms. Penpraese nor any other person was injured.

Discussion

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force. [1] The detectives in the Office of the Attorney General who investigate these incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in Naples on September 23, 2015, was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecution of Officer Smolinsky. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, state law provides that conduct determined to be permissible under the Criminal Code does not abolish or impair any other remedy available under the law.

Maine law defines deadly force to include the discharge of a firearm in the direction of another person or at a moving vehicle. In order for any person, including a law enforcement officer, to legally use deadly force in self-defense or in defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of deadly force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

At about 9:20 p.m. on September 23, 2015, Bridgton police officer Todd Smolinsky was on patrol and engaged in activity that took him into the neighboring town of Naples. He was in uniform and driving a marked police cruiser. He saw a vehicle traveling on Route 302 at a high rate of speed, and clocked its speed with radar at 72 M.P.H. in a 55 M.P.H. zone. He stopped the vehicle and approached the driver, a woman later identified as Melissa Penpraese of Naples. She was the sole occupant of the vehicle. Upon reaching the open driver?s window, Officer Smolinsky immediately smelled liquor and further observations led him to believe that the woman was under the influence of intoxicating liquor and, possibly, drugs. The woman was unable to produce a driver?s license and gave Officer Smolinsky what turned out to be a false name and date of birth. While Officer Smolinsky was communicating with dispatch from his cruiser, the woman drove off. Officer Smolinsky, with emergency lights already activated, gave chase. The woman refused to stop. While the initial speed of the chase was about 65 M.P.H., the woman slowed down but drove to the left of the center of the road, at times driving more in the oncoming travel lane than in her travel lane.

After a few minutes, the woman drove her vehicle to the side of the road as if to stop. However, she did not stop; she turned onto the Lambs Mill Road. She continued to drive ?all over the road? in an erratic fashion. When she came to a vehicle in front of her, she passed it on the right in a no passing zone. Thereafter, she made several turns onto various roadways, failing each time to signal, and ignoring at least one stop sign. Officer Smolinsky was not familiar with the area and radioed street sign information to dispatch during the pursuit. The woman continued to operate the vehicle erratically and at one point threw something out the driver?s window. She continued onto the Accomac Road, a dirt roadway, and at several points during the chase it appeared that her vehicle would leave the roadway due to its erratic operation. Officer Smolinsky became increasingly concerned about the safety of other motorists traveling towards the pursuit, and concerned that the woman?s car would go off the road and strike a tree.

Eventually, the woman lost control of her vehicle and it slid sideways on the road towards a stand of trees. As Officer Smolinsky approached, the woman backed up and struck his cruiser. The woman drove forward and stopped. Officer Smolinsky got out of his cruiser with his duty weapon drawn and shouted commands for the woman to get out of the vehicle as he was approached it. He was only a foot from the side of the vehicle when it began to accelerate quickly forward with the rear of the vehicle swerving. The officer shot once at the rear left tire in attempt to disable the vehicle and stop the woman from driving off. Despite this attempt to stop the vehicle, the woman drove off. Officer Smolinsky returned to his cruiser and gave chase. By the time he caught up with the vehicle again, it was stationary and unoccupied. Officer Smolinsky went into the woods and saw the woman some 60 feet away, but had to return to his cruiser to secure it and retrieve a flashlight. When he returned to the wooded area, he was unable to locate the woman.

Further investigation determined that the woman was Melissa Penraese. Eventually located, Ms. Penraese was charged with reckless conduct with a dangerous weapon, eluding an officer, operating after suspension, and failure to provide a correct name to a law enforcement officer. The charges are pending.

Conclusion

Attorney General Janet T. Mills concludes that at the time the shot was fired at Ms. Penpraese?s vehicle by Officer Smolinsky, it was reasonable for the officer to believe that deadly force was imminently threatened against him, as well as others whom Ms. Penpraese was apt to encounter, and it was reasonable for him to believe that it was necessary to use deadly force ? shooting at the vehicle in attempt to disable it ? to protect himself from the imminent threat of deadly force posed against him by Ms. Penpraese?s actions. The Attorney General?s conclusions are based on numerous interviews, a forensic investigation, and a review of all the evidence available from all sources. All facts lead to the conclusion that Officer Smolinsky acted to defend himself and others potentially in the path of Ms. Penpraese?s vehicle.

[1] 5 M.R.S. ? 200-A.

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Supporting documents

AG Report on Naples_Smolinsky

Report of the Attorney General on the Use of Deadly Force by Bangor Police Officer on December 1, 2015 in Bangor

March 25, 2016

Synopsis

In the early evening of Tuesday, December 1, 2015, Joshua Jozefowicz, 23, of Ellsworth, was shot and killed by Bangor police officer Ryan Jones in a wooded area off Outer Hammond Street in Bangor.

Discussion

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer who, while acting in the performance of the officer?s duties, uses deadly force. [1] The detectives in the Office of the Attorney General who investigate these incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in Bangor on December 1, 2015, which resulted in the death of Mr. Jozefowicz, was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecution of Officer Jones. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, state law provides that conduct determined to be permissible under the Criminal Code does not abolish or impair any other remedy available under the law.

In order for any person, including a law enforcement officer, to legally use deadly force in self-defense or in defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of deadly force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene at the time, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

On November 28, 2015, a Carmel man reported to the Penobscot County Sheriff?s Office that his vehicle had been stolen while parked outside his residence. The man told an investigating officer that two friends, a woman and her boyfriend, had stayed over at his residence the previous night. He named the woman, but only knew the boyfriend as ?Joshua.? At about 6 P.M. on December 1, the man called the Sheriff?s Office to report that a friend had told him that his vehicle was seen in the parking lot of a convenience store on Outer Hammond Street in Bangor.

Officer Ryan Jones of the Bangor Police Department followed up on the report. He was in uniform and driving a marked cruiser. Arriving at the convenience store a few minutes after the report, Officer Jones saw the stolen vehicle and, as he approached it on foot, he saw a man and woman in the vehicle. Officer Jones spoke with the driver, later identified as Joshua Jozefowicz, who told the officer that the vehicle belonged to a friend. While initially claiming that he had permission to use the vehicle, Mr. Jozefowicz became evasive as the conversation continued. Mr. Jozefowicz got out of the car and accompanied Officer Jones to the police cruiser. Officer Jones stood in front of the cruiser and Mr. Jozefowicz moved toward the passenger?s side of the cruiser so that the hood of the cruiser was between them. Officer Jones told Mr. Jozefowicz to move to the front of the cruiser, but he did not do so. Instead, Mr. Jozefowicz abruptly ran away from Officer Jones into an adjacent field. He ignored commands from Officer Jones to stop.

Officer Jones ran after Mr. Jozefowicz. The only source of significant light was Officer Jones? flashlight. Mr. Jozefowicz failed to comply with the officer?s commands to stop. Officer Jones was about 10 to 12 feet behind Mr. Jozefowicz during the chase. As they neared a wooded area, Mr. Jozefowicz put a hand in his jacket pocket. Officer Jones drew his firearm, and ordered Mr. Jozefowicz to show his hands. In response, Mr. Jozefowicz shot at Officer Jones. Officer Jones ordered Mr. Jozefowicz to ?drop it,? and Mr. Jozefowicz shouted ?back up.? Officer Jones returned fire.[2] Mr. Jozefowicz was struck by the gunfire and fell to the ground. Emergency medical personnel were on the scene within minutes and determined that Mr. Jozefowicz was dead.

Mr. Jozefowicz?s gun was a .45 caliber semiautomatic pistol loaded with nine rounds, including one in the chamber. Mr. Jozefowicz was also in possession of two small boxes containing crack cocaine. At the time of his death, Mr. Jozefowicz had several substances in his system, including morphine, cocaine, fentanyl, monoacetylmorphine (indicative of heroin use), and diltiazem (used for the treatment of high blood pressure and angina but also used as a mix with heroin). There was a warrant for Mr. Jozefowicz?s arrest out of Hancock County and he was a convicted felon as a result of drug possession convictions in 2013, a status which prohibited him from possessing a firearm.

Conclusion

Attorney General Janet T. Mills concludes that at the time Officer Jones shot Mr. Jozefowicz, he reasonably believed that unlawful deadly force was being used against him, and that it was reasonable for him to believe it necessary to use deadly force to protect himself and any other persons, including responding back-up officers, within range of Mr. Jozefowicz and his firearm. The Attorney General?s conclusions are based on interviews with numerous individuals, an extensive forensic investigation, and a review of all the evidence available from all sources. All facts lead to the conclusion that Officer Jones acted to defend himself and others from the unlawful use of deadly force by Mr. Jozefowicz.

[1] 5 M.R.S. ? 200-A. [2] Later investigation determined that Mr. Jozefowicz fired a single round, and Officer Jones discharged 13 rounds, six of which struck Mr. Jozefowicz.

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Supporting documents

AG Report FINAL Bangor Jones

Attorney General Mills calls for federal rule change to add methadone clinics to Prescription Drug Monitoring Program oversight

April 12, 2016

AUGUSTA ? Attorney General Janet T. Mills is calling on the federal government to close a loophole that keeps methadone clinics from reporting their dispensing data to state Prescription Drug Monitoring Programs (PDMPs). Closing the gap will allow prescribers to avoid dispensing opioids to people who are also receiving treatment for opioid addiction.

PDMPs are statewide programs that collect patient-specific data on various controlled prescription medications, like highly addictive opioids, enabling prescribers, pharmacists, and regulatory boards to access this information. These programs are valuable tools to improve patient safety and health outcomes. PDMPs aid in the care of patients with chronic conditions and help identify persons engaged in high-risk behavior, such as doctor shopping and prescription forgery, indicating possible abuse of or dependence on controlled substances.

?Maine is considering legislation that would require prescribers and pharmacists to check the database when prescribing or dispensing prescriptions for controlled substances,? said Attorney General Mills. ?The current federal rule blocking methadone clinics from participating in the PDMP is a dangerous barrier preventing medical professionals from accessing their patients? full medical history.?

In the bipartisan letter signed by 33 state Attorneys General the chief legal officers called on HHS Secretary Sylvia Burwell to address the gap by revising the proposed Confidentiality of Substance Use Disorder Patient Records regulation to require methadone clinics to submit their dispensing data to state PDMPs. PDMPs already require strict confidentiality and may only be accessed by authorized users.

?Requiring methadone clinics to register and use the PDMP will reduce diversion, misuse and abuse of opioids and enable individuals with substance abuse disorders to receive comprehensive, safe and more effective treatment for their disorder. This will save lives,? stated Mills.

The letter, coauthored by Maine Attorney General Mills and Georgia Attorney General Sam Olens, was submitted as a comment to Confidentiality of Substance Use Disorder Patient Records, 81 Federal Register 6988 (February 9, 2016). Attorney General Mills expressed appreciation to Attorney General Olens, all of the co-sponsors and to the Center for Lawful Access and Abuse Deterrence for their assistance in addressing this issue.

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AG Mills and 32 other Attorneys General ask HHS Secretary Burwell to require methadone clinics to report dispensing data to state PDMPs

Supporting documents

FINAL LETTER Methadone PDMP Comment

Maine Resident Going to Jail for Pretending He Resided in States without an Income Tax

April 12, 2016

AUGUSTA, Me ? Attorney General Janet Mills announced today that Tracy Burke, 51, a Merchant Marine now living in Virginia, was sentenced to serve jail time on multiple counts of Intentional Income Tax Evasion, Failure to File Maine Income Tax Returns, and Failure to Pay Maine Income Tax for years 2008 through 2013. Burke evaded paying Maine income tax by pretending to be a New Hampshire resident, and later a Florida resident, while he was in fact residing in Maine. New Hampshire and Florida do not have a state income tax. Between 2008 and 2013 Burke earned an average of $90,000 per year, but failed to pay any state income tax on these wages.

Burke obtained out of state driver?s licenses and maintained memberships in out of state associations, among other things, to make it appear that he was not a Maine resident. He actually resided in Maine with his wife, had his mail delivered out of state only to have it forwarded to his Maine address, and spent little time in New Hampshire or Florida. When Maine Revenue Services contacted Burke on two separate occasions directing him to file Maine income tax returns Burke claimed he was not a Maine resident and made multiple false statements to support his claims. Ultimately, the Criminal Investigative Unit of Maine Revenue Services uncovered Burke?s fraudulent residency scheme.

Burke could only be criminally charged for years 2008 through 2013 due to the statute of limitations. He pretended, however, that he resided out of state for more than two decades. Burke agreed under a plea agreement to repay the State $125,819. This represents $30,063 for years 2008 through 2013 and an additional $95,756 for the years 1988 through 2007. As part of the plea agreement the State has already recovered $55,521 from Burke.

After a sentencing hearing on April 12, 2016 at the Capitol Judicial Center in Augusta, Justice Robert Mullen sentenced Burke to 364 days, with all but 60 days suspended, and one year of administrative release. Burke was also ordered to repay $70,298 which represents the remaining balance of his income tax liability.

This case was investigated by the Maine Revenue Services? Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled this matter for the Attorney General?s Criminal Division.

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WYETH AND PFIZER AGREE TO PAY $784.6 MILLION TO RESOLVE ALLEGATIONS OF UNDERPAYING REBATES OWED UNDER THE MEDICAID DRUG REBATE PROGRAM

March 20, 2005

AUGUSTA ? Attorney General Janet T. Mills announced today that Maine has reached an agreement in principle to settle allegations against the drug-maker Wyeth, a wholly owned subsidiary of Pfizer, Inc. The settlement will resolve allegations that Wyeth knowingly underpaid rebates owed under the Medicaid Drug Rebate Program for the sales of Protonix Oral and Protonix IV between 2001 and 2006. Under the settlement Wyeth has agreed to pay $784.6 million to the United States and the States. Over $371 million of this amount will go to the Medicaid Program. Maine will recoup approximately $22.6 million in total for state and federal taxpayers, including approximately $7.7 million for restitution to the MaineCare Program and other recoveries.

?This significant victory holds this pharmaceutical company accountable and protects our tax dollars,? said Attorney General Mills. ?Maine?s Medicaid Fraud Control Unit played a key role in bringing this litigation to a successful end. Maine and the federal government spend nearly $2.5 billion dollars in the MaineCare program every year. It is critical that we ensure taxpayers are getting the full benefit of the Medicaid Drug Rebate Program, maximizing savings to the taxpayers.?

The settlement stems from two whistleblower lawsuits, U.S., al., ex rel. Kieff v. Wyeth Pharmaceuticals, Inc., Civ. No. 03-cv-12366, and U.S., , et al., ex rel. William St. John LaCorte v. Wyeth, Civ. No. 06-cv-11724, filed in the United States District Court for the District of Massachusetts. The United States, 35 states and the District of Columbia intervened in these lawsuits.

Wyeth, Inc. was a Delaware corporation with its headquarters in Madison, New Jersey. Pfizer, Inc. is a Delaware corporation headquartered in New York, New York, which acquired Wyeth, Inc., in 2009, after the conduct alleged in the lawsuits. At all relevant times, Wyeth distributed, marketed and/or sold pharmaceutical products in the United States, including Protonix Oral and intravenous Protonix IV, which are in a class of drugs called Proton Pump Inhibitors which inhibit the production of gastric acid.

The Medicaid Prescription Drug Rebate Program was enacted by Congress in 1990 as a cost containment measure for Medicaid?s payment for outpatient drugs. The rebate program requires pharmaceutical manufacturers to pay quarterly rebates to State Medicaid programs based on the ?Best Price,? or the lowest price for which it sold a covered drug in a particular quarter.

In their court filings, the government plaintiffs alleged that during the third quarter 2001 through 2006, Wyeth sold Protonix Oral tablets and Protonix IV to hospitals at discounted prices. The governments alleged that Wyeth?s contracts with the hospitals created a bundled sale under the terms of the Medicaid Drug Rebate Agreement by linking discounts available to participating hospitals for Protonix IV to discounts on Protonix Oral tablets. However, Wyeth did not treat the sales of Protonix Oral tablets and Protonix IV as bundled within the meaning of the Medicaid Drug Rebate Program and therefore failed to properly allocate the discounts available under the contract. As a result of this failure, Wyeth falsely reported its Best Prices for Protonix Oral tablets and Protonix IV thereby causing the Unit Rebate Amount for Protonix Oral tablets and Protonix IV, which is used to determine the quarterly rebate to pay the State for each drug, to be understated during the Relevant Period. The governments alleged that Wyeth concealed, avoided or decreased its obligation to pay Medicaid Drug Rebates to the State for Protonix Oral tablets and Protonix IV.

Because the Medicaid program is jointly funded by the federal and State governments, Pfizer will pay in excess of $413 million of the $784.6 million to the United States. Maine?s recovery to state taxpayers of approximately $7.7 million is matched by approximately $14.9 million returned to the federal government.

Attorney General Mills praised Assistant Attorney General Valerie Wright, Assistant Attorney General Michael Miller and all of the staff of Maine?s Medicaid Fraud Control Unit for their work on this complex matter. Maine was heavily involved in this multistate litigation at key phases that ultimately brought the companies to offer a settlement.

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Attorney General announces agreement to provide restitutiton to customers of Barry Somes and associated businesses

June 2, 2016

AUGUSTA ? Attorney General Janet T. Mills announced today that an agreement has been reached to provide restitution to customers of Barry Somes and his associated enterprises when promised services were never provided. The 38 consumers who have already been identified will share in $30,728 in restitution and Somes has agreed to pay restitution to any bona fide future claims arising from his past practice. He is also permanently enjoined from operating similar businesses.

In February the Attorney General?s Consumer Protection Division filed an Unfair and Deceptive Trade Practices Act complaint against Barry Somes of Cumberland Center. The complaint alleged that Somes operated under numerous business names, including a non-profit, failed to deliver on promised vacation tours after taking advanced payments, failed to make promised donations, and failed to provide refunds to affected consumers.

Somes operated businesses including TourBUSters, Club Impac, among others and a non-profit called Lids For Kids. These entities purported to offer motor coach tours to destinations around the Northeast United States and Canada. Somes also advertised that net profits from the tours would be donated to benefit children; the complaint alleged that that did not happen. Numerous consumers complained that after they made deposits, Somes would contact them saying that the tour had been cancelled. When the consumer requested a refund on their deposit, Somes would attempt to convince the consumer that for various reasons he could not give the refund or charge them a cancellation fee. Somes exhibited this pattern over numerous years, prompting this action from the Attorney General to enjoin him from future similar business ventures. In the last several years the Attorney General?s Office has received dozens of complaints from consumers seeking refunds of deposits paid to Somes.

Through the settlement Somes does not admit to this conduct, but he has agreed to pay restitution and to refrain from any future conduct of the like.

?Mr. Somes took money from many elderly people who were looking forward to what might be their only vacation of the year,? said Attorney General Mills. ?He pulled the rug out from under them by not only cancelling their plans, but also failing to provide timely refunds so they could make alternate arrangements. This is not how a reputable business operates. I am happy to have achieved a result that will bring restitution to these consumers and I hope that this serves as a warning to anyone who thinks they can operate a business this way.?

The Maine Office of the Attorney General is interested in hearing from any other consumers who may have had similar dealings with Mr. Somes and may be owed a refund. They are encouraged to contact the Office of the Attorney General?s Consumer Protection Division.

Office of the Attorney General
Consumer Protection Division
State House Station 6 Augusta, ME 04333-0006 Consumer.mediation@maine.gov Tel: 1-800-436-2131

Attorney General Mills thanked Assistant Attorneys General Linda Conti and Kate Silsby and the staff of the Consumer Protection and Mediation Service for their efforts to bring Mr. Somes to account for these practices.

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Supporting documents

Somes Consent Judgment

Report of the Attorney General on the Use of Deadly Force by Caribou Police Officer on January 8, 2016

June 28, 2016

Synopsis

Shortly after midnight on January 8, 2016, Caribou police officer Chad Cochran shot at Norman Plourde, 44, of Caribou, in response to Mr. Plourde firing his pistol in the direction of Caribou police officers who were attempting to persuade him to disarm. Neither Mr. Plourde nor any other person was injured.

Discussion

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force. The detectives in the Office of the Attorney General who investigate these incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in Caribou on January 7, 2016, was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecution of Officer Cochran. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, state law provides that conduct determined to be permissible under the Criminal Code does not abolish or impair any other remedy available under the law.

In order for any person, including a law enforcement officer, to legally use deadly force in self-defense or in defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of deadly force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

In December 2015, Norman Plourde, 44, had no place to live. An acquaintance he had recently met allowed Mr. Plourde to stay with him at his residence in Caribou. During the afternoon of January 7, 2016, the homeowner confronted Mr. Plourde when he discovered that he was intoxicated. Mr. Plourde admitted to drinking and told the acquaintance he wanted to die. The homeowner, knowing that Mr. Plourde owned at least three firearms, asked Mr. Plourde not to shoot himself in the house. Later that day, the acquaintance told Mr. Plourde he was uncomfortable with his presence in the house and he would have to move out. At about 11:30 p.m., the Caribou Police Department was notified by the emergency dispatch center of a telephone call from a man who refused to identify himself, but wanted the police to shoot him. It was determined that the call was made from the residence in Caribou at which Mr. Plourde was staying, and later established that the caller was Mr. Plourde. The dispatcher informed the caller that the police wanted to help him, and he responded that he had a gun and would shoot the police when they arrived. Three officers, Douglas Bell, Daniel Ballanger, and Chad Cochran responded to the call. Each was in uniform and each was operating a marked police cruiser. Another officer called the residence. The call was answered by the homeowner, Mr. Plourde?s acquaintance, who was unaware that Mr. Plourde had called the police. The homeowner told the officer that Mr. Plourde was sitting on the porch with a pistol in his hand. While on the phone with the officer, he opened the door to the porch and told Mr. Plourde to put the gun down. Mr. Plourde told him to shut up and go back into the house. During the telephone call with the officer, the homeowner told the officer that Mr. Plourde had consumed a fifth of vodka, and that earlier in the day he had told Mr. Plourde that he could no longer stay at the residence. When the officers arrived outside the residence, they saw Mr. Plourde sitting on the steps of the porch. Mr. Plourde was armed with a pistol. Mr. Plourde got up and started walking toward Officer Bell?s cruiser, all the while pointing the pistol in the direction of the cruiser. For nearly a half hour, Officer Bell attempted to talk Mr. Plourde into giving up the weapon. Mr. Plourde refused to relinquish the weapon and, instead, responded at various times with the following: Please fucking shoot me! I want to die right now, Please shoot me! I want to die right now, put a bullet in my head or I?m going to shoot you! Please fucking shoot me! Just fucking shoot me or I?m coming after you!? Let?s just do this! I don?t want to talk with anyone. I want you to shoot me!?

During this time, Mr. Plourde also put the gun to his head and at another point fired the gun into the ground and said, ?Please, Please Just shoot me. Motherfucker, let?s do this!? Further attempts by Officer Bell to persuade Mr. Plourde to disarm were unsuccessful. Shortly after midnight, Mr. Plourde again approached Officer Bell?s cruiser. Mr. Plourde was still armed with the pistol. He pointed the pistol in the direction of the cruiser and shouted to Officer Bell to ?shut up.? Mr. Plourde then fired another round into the ground while moving toward the cruiser. About ten feet from the cruiser, Mr. Plourde fell to the ground. He was facing Officers Cochran and Ballanger. He raised his pistol and fired two shots in their direction and in response, Officer Cochran fired twice at Mr. Plourde. Both rounds missed. Mr. Plourde raised his pistol again but discovered it was empty of rounds. At that point, Mr. Plourde followed the officers? commands to put the pistol down by throwing it into the roadway. Mr. Plourde was taken into custody. While enroute to a local hospital for a mental evaluation, Mr. Plourde remarked to the two officers with him, ?Are you fucking retarded? I shot at you. Why didn?t you shoot me??

Mr. Plourde?s blood alcohol content when evaluated at the hospital was 0.43%. Mr. Plourde was later charged with criminal threatening with a firearm (Class C crime), aggravated reckless conduct (Class B crime), and discharging a firearm near a dwelling (Class E crime). The charges are pending in the Aroostook County Superior Court.

Conclusion

Attorney General Janet T. Mills concludes that at the time the shots were fired at Mr. Plourde by Officer Cochran, it was reasonable for the officer to believe that deadly force was imminently threatened against him, as well as at least two other officers, and it was reasonable for him to believe that it was necessary to use deadly force to protect himself and the other officers from the imminent threat of deadly force posed by Mr. Plourde?s actions. The Attorney General?s conclusions are based on numerous interviews, a forensic investigation, and a review of all the evidence available from all sources. All facts lead to the conclusion that Officer Cochran acted to defend himself and others.

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Supporting documents

AG's Report - Cochran

Beware the 3 S?s: Stalking, Strangulation and Suicidality

June 30, 2016

AUGUSTA ? ?If I can?t have you, no one can? is not an idle threat. It is a sign of controlling and violent behavior that too often is the prelude to homicide. This is one of the observations of the Domestic Abuse Homicide Review Panel in its 11th biennial report entitled: On the Path to Prevention. The Panel?s report was released at a State House press conference Thursday which included Governor Paul R. LePage and Attorney General Janet T. Mills.

Because domestic violence homicide is not typically an isolated act, but rather the culmination of a pattern of conduct, the Panel calls attention to the link between certain controlling behaviors and the ultimate act of homicide. These behaviors include stalking, strangulation and suicidality; the so-called ?Three S?s.? One or more of these behaviors was observed in all 16 cases that were reviewed by the Panel. Suicidal ideation, suicidal threats and attempts were present in 56% of the cases reviewed. Suicidal thoughts and statements continue to be a glaring indicator of the potential for domestic abuse homicide.

?These warning signs must be taken seriously,? said Attorney General Janet T. Mills. ?Listen and watch for controlling behaviors. Take threats of suicide to be real. If you leave a controlling partner, do not return to the home without the assistance of law enforcement. If you are a medical or mental health professional, ask patients whether they are safe in their home and let them know there are resources available. Listen to family, friends and neighbors encountering domestic problems. Offer them assistance. You could save a life.?

The Panel?s report is based on two years of in depth reviews of 16 selected closed domestic violence homicide cases that occurred between 2011 and 2015. The Panel also reviewed one ?serious injury? domestic abuse case. Victims ranged in age from 10 weeks to 81 years old. Of the 19 victims, 12 were female. Fourteen of the 16 perpetrators were male. During the two-year report cycle there were 24 domestic abuse homicides, representing 52% of the total homicides in Maine.

?For some time, we led victims to believe they were to blame for the abusive tactics used against them,? said Susan Fuller, Panel Coordinator. ?Shifting our focus to holding abusers accountable and providing safety and supports for victims will reduce domestic abuse homicides and improve the safety of our families.?

The Maine Coalition to End Domestic Violence supports a network of resource centers around the state. Wherever you are in Maine you can get help for victims or batterers. Visit www.mcedv.org for more information and where to find local resources. Similarly, the Maine Coalition Against Sexual Assault supports survivors of sexual assault. To find more information and local resources, visit: www.mecasa.org

Adverse Childhood Experiences are a key predictor of disrupted development, cognitive impairment, substance abuse and other risky behaviors and early death. Key among these adverse childhood experiences is exposure to violence in the home. In the 16 cases examined by the Panel, one infant and three other children were killed. One four year-year old watched his father kill his mother. Two other children were in their home when their father killed their mother. Seven other children were impacted for life when their mother was murdered. One child?s mother was incarcerated. One child?s father committed suicide. In many cases, extended family members were thrust into the position of raising young survivors of domestic violence homicide.

The Domestic Abuse Homicide Review Panel was established in statute by the Maine Legislature in 1997 to ?review the deaths of persons who are killed by family or household members.? The legislation mandates that the Panel make recommendations to state and local agencies for improving systems for protecting persons from domestic and sexual abuse. The Panel meets monthly to examine domestic abuse homicide cases. The Panel includes prosecutors, police, medical professionals, educators, social workers, victim advocates, victims? services providers and representatives of Maine?s Judiciary, among others.

?The Panel?s report highlights the need for medical professionals to shift from a focus on getting victims to disclose abuse to providing information to all patients that help is available in many forms, from many systems when the patient is ready to access the services,? said Deputy Attorney General Lisa Marchese, the Panel?s chairwoman. ?We also highlight the importance of first responders and emergency department personnel to thoroughly document injuries so that they may be relied upon later in the legal system.?

Marchese thanked Attorney General Mills and Commissioner of Public Safety John Morris for their commitment to the Panel and facilitating the Panel?s work. ?Because of the high level of support Maine?s Panel has received, our Panel is considered a national leader in fatality review. During the past biennial, members of Maine?s Panel were chosen to speak at the National Domestic Violence Fatality Review Initiative Conference regarding our review process, findings and implementation of recommendations.

LINK to Report: http://www.maine.gov/ag/docs/2016%20Report%20of%20the%20Domestic%20Abuse%20Homicide%20Review%20Panel.pdf

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Volkswagen agrees to settle on charges it mislead consumers about their ?Clean Diesel? technology

June 30, 2016

AUGUSTA ? Attorney General Janet T. Mills today announced a settlement requiring Volkswagen to pay more than $570 million to states for violating state laws prohibiting unfair or deceptive trade practices by marketing, selling and leasing diesel vehicles equipped with illegal and undisclosed defeat device software. The settlement also establishes an environmental mitigation fund of $2.7 billion. This agreement is part of a series of state and federal settlements that will provide cash payments to affected consumers, require Volkswagen to buy back or modify certain VW and Audi 2.0-liter diesel vehicles, and prohibit Volkswagen from engaging in future unfair or deceptive acts and practices in its dealings with consumers and regulators.

These coordinated settlements resolve consumer protection claims raised by a multistate coalition of State Attorneys General joined by 43 states and jurisdictions against Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc., Porsche AG and Porsche Cars, North America, Inc. ? collectively referred to as Volkswagen. They also resolve actions against Volkswagen brought by the United States Environmental Protection Agency (EPA) and Department of Justice (DOJ), the Federal Trade Commission (FTC), California and car owners in private class action suits.

?Volkswagen groomed an image to lead customers to believe they were making a purchase that was environmentally sound,? said Attorney General Mills. ?It turns out their ?clean diesel? technology was anything but. Maine consumers were particularly impressed with this marketing, as demonstrated by data showing Maine had among the highest per capita VW ownership in the country. These settlements show that we will not tolerate this kind of manipulation in the market place.?

The investigation of the attorneys general confirmed that Volkswagen sold more than 570,000 2.0- and 3.0-liter diesel vehicles in the United States equipped with ?defeat device? software intended to circumvent applicable emissions standards for certain air pollutants, and actively concealed the existence of the defeat device from regulators and the public. There were 3,982 affected vehicles sold in Maine. Volkswagen made false statements to consumers in their marketing and advertising, misrepresenting the cars as environmentally friendly or ?green? and that the cars were compliant with federal and state emissions standards, when, in fact, Volkswagen knew the vehicles emitted harmful oxides of nitrogen (NOx) at rates many times higher than the law permitted.

Under the settlements, Volkswagen is required to implement a restitution and recall program for more than 475,000 owners and lessees of 2.0-liter diesel vehicles, of the model year 2009 through 2015 listed in the chart below at a maximum cost of just over $10 billion. This includes 3,982 vehicles in Maine.

Once the consumer program is approved by the court, affected Volkswagen owners will receive restitution payment of at least $5,100 and a choice between:

? A buy back of the vehicle (based on pre-scandal NADA value); or ? A modification to reduce NOx emissions provided that Volkswagen can develop a modification acceptable to regulators. Owners will still be eligible to choose a buyback in the event regulators do not approve a fix. Owners who choose the modification option would also receive an Extended Emission Warranty; and a Lemon Law-type remedy to protect against the possibility that the modification causes subsequent problems.

The consumer program also provides benefits and restitution for lessees (restitution and a no-penalty lease termination option) and sellers after September 18, 2015 when the emissions-cheating scandal was disclosed (50 percent of the restitution available to owners). Additional components of today?s settlements include:

? Environmental Mitigation Fund: Volkswagen will pay $2.7 billion into a trust to support environmental programs throughout the country to reduce emissions of NOx. This fund, also subject to court approval, is intended to mitigate the total, lifetime excess NOx emissions from the 2.0-liter diesel vehicles identified below. Under the terms of the mitigation trust, Maine is eligible to receive approximately $20 million to fund mitigation projects to be determined by the Maine Department of Environmental Protection.

? Additional Payment to the States: In addition to consumer restitution, Volkswagen will pay to the states more than $1,000 per car for repeated violations of state consumer protection laws, amounting to $570 million nationwide. This amount includes $3,651,270 for affected vehicles Volkswagen sold and leased in Maine.

? Zero Emission Vehicles: Volkswagen has committed to investing $2 billion over the next 10 years for the development of non-polluting cars, or Zero Emission Vehicles (ZEV), and supporting infrastructure.

? Preservation of Environmental Claims: Today?s settlement by state attorneys general preserves all claims under state environmental laws, and Maine maintains the right to seek additional penalties from Volkswagen for its violations of environmental and emissions laws and regulations.

Volkswagen will also pay $20 million to the National Association of Attorneys General to establish a fund that state attorneys general can utilize for future training and initiatives, including investigations concerning emissions violations, automobile compliance, and consumer protection.

The full details of the consumer program will be available online at VWCourtSettlement.com and www.ftc.gov/VWSettlement.

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Statement of Attorney General Mills regarding prosecution of Fraud Cases

July 14, 2016

(AUGUSTA) Since 2014 the Attorney General?s Office recovered more than $26.2 million from 28 healthcare providers who billed MaineCare for goods and services they did not provide. In addition, the Attorney General?s Office obtained restitution of about $654,000 from 62 individual recipients in who defrauded various DHHS programs in 2014 and 2015. The Attorney General?s Office also brought criminal tax fraud cases that resulted in restitution of $1.5 million in the last two state fiscal years.

?The Attorney General?s Office takes violations of the law very seriously, whether they appear large or small,? said Attorney General Mills. ?Whether a corporation is manipulating Medicaid billing, or a person is trading EBT cards or a public official is holding public meetings behind closed doors in violation of the law, they should be and will be held accountable by this office. The integrity of the laws and the protection of the public purse demand no less.?

Attorney General Mills dedicated a single prosecutor to handle benefits fraud cases in 2010. In recent years DHHS increased the number of recipient fraud investigators from seven to 17; yet there is still only one attorney to screen cases, refer them for more investigation, take them to grand jury and prosecute them in courts all around the state. Many cases initially referred to the Attorney General?s Office are sent back for further investigation or for administrative sanctions if there is not sufficient evidence of a crime.

?DHHS and our Office discussed adding another fraud prosecutor last year; but the administration turned down the request,? said Attorney General Mills. ?We have been trying since January to add a position to handle these cases, to no avail. Meanwhile, all of our attorneys work tirelessly to support the rule of law.?

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Attorney General Mills announces new public education campaign: A Dose of Reality

July 18, 2016

AUGUSTA ? Attorney General Janet T. Mills today announced a new public education campaign aimed at stemming the abuse of painkillers in Maine. The new website and three television spots are designed to give Maine a ?Dose of Reality? about painkillers.

?Prescription drugs have killed more than a thousand Mainers in the last ten years and addiction has devastated many, many more lives,? said Attorney General Mills. ?Nearly four out of five people arrested for heroin possession say they began by abusing painkillers. Too many Mainers are misusing, abusing and dying from painkillers, heroin, and other narcotics.?

In the last two years there has been a spike in deaths caused by heroin and the powerful synthetic painkiller fentanyl. However, the number of deaths caused by painkillers and other prescription drugs has also remained high for the last decade. The Governor proposed and the Legislature enacted sweeping changes to Maine law this year that will significantly reform prescribing practices in Maine, and insurers, including MaineCare, are taking steps to reduce the supply of painkillers in the state.

?Too many painkillers are being diverted from legitimate medical uses,? said Attorney General Mills. ?An analysis by the Office of the Chief Medical Examiner found that only seven percent of those who died of a prescription medication overdose in 2015 had a doctor?s prescription at the time of their death. Our society is awash in these substances. America has five percent of the world?s population, yet we consume eighty percent of the prescription opioids. People, especially youth, need to know that painkillers should not be passed around at parties or in locker rooms. If you have these pills in your home, keep track of them and dispose of them properly if they are unused.?

The three TV spots depict scenes that should give anyone pause: A mother finding an unresponsive son, a girl slumped over at a party, a teammate passing a painkiller to an injured friend. The website: www.DoseofRealityMaine.org has information about the dangers of painkillers, the safe acquisition, safe handling and the proper disposal of these substances. The TV spots will run on Maine television stations over the coming months. The spots can be viewed on the website, as well.

?We all have an important role to play in stemming the tide of addiction and opiate overdose deaths in our state,? said Attorney General Mills. ?I hope these ads will spark conversations in homes and schools across Maine and educate everyone about the importance of proper handling of painkillers before tragedy strikes one more Maine family.?

Attorney General Mills expressed her gratitude to the Wisconsin Department of Justice and Wisconsin Attorney General Brad Schimel for making this material available to Maine.

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AG warns Mainers to beware of scams via Facebook and other social media

August 8, 2016

AUGUSTA ? Maine Attorney General Janet T. Mills is reminding Mainers to be on guard against ?government grants? being offered through instant messenger programs and social media programs like Facebook.

Typically the scammer poses as a government official ? they may even have an account with a name and photo that matches one for a real office or public official. The scammer tells the potential victim that they have qualified for a free monetary grant from the government that does not have to be paid back. All the victim has to do is pay a small processing fee and the larger sum of money will be released. No matter how much money is sent to the scammers, no grants are ever released.

?Scammers are always coming up with new ways to convince you to part with your hard earned money,? said Attorney General Mills. ?If any one tells you that you can have something for nothing ? they are lying to you. No governmental agency conducts business or financial transactions via Facebook or instant messenger and they will never demand you wire money or make a payment by a prepaid money service or any card you can buy in a convenience store. If you receive one of these offers, ignore it, delete it or block the sender. If you send them a dime, you may never see it again.?

If you receive a message like this, you should report it to the service provider (for instance if you are using Facebook, report it to Facebook) as they may be able to shut down the suspect account. Consumers can contact the Maine Attorney General?s Office with questions or concerns about these kinds of scams or other issues they have had with a business. They are encouraged to contact the Office of the Attorney General?s Consumer Protection Division.

Office of the Attorney General
Consumer Protection Division
State House Station 6 Augusta, ME 04333-0006 Consumer.mediation@maine.gov Tel: 1-800-436-2131

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AG?s Consumer Protection Division notes a recent spate of reports of ?Government Grant? scams coming through online social media platforms

Reminder: Calls purporting to be from the IRS demanding a payment are a scam

August 31, 2016

(AUGUSTA) The Maine Attorney General?s Office has noticed a recent increase in the number of Mainers calling to report they are the target of phone scams in which someone pretends to be calling to collect a debt owed to the Internal Revenue Service. Maine Attorney General Janet T. Mills is reminding people to be aware that these are scams and no one should give people credit card information or wire money. 250 people called the Attorney General?s Consumer Protection Division about these scams in August.

?The IRS scam and others like it are consistently the top complaint we receive,? said Attorney General Mills. ?However, we have noticed a recent spike in the number of people calling our office to alert us and to complain specifically about IRS scams. These are often randomly dialed calls, but for some reason the 207 area code seems to be their target in recent days. People should not engage the callers and hang up the phone. Do not give them personal information and do not wire them money.?

Here?s how they work: Scammers posing as IRS officials call and say you owe taxes. They threaten to arrest you, or deport you, or revoke your license, or even shut down your business if you don?t pay right away. They may know your Social Security number ? or at least the last four digits of it ? making you think it really is the IRS calling. They also can rig caller ID to make it look like the call is coming from Washington, DC.

You are then instructed to put the money on a prepaid debit card and tell them the number ? something no government agency would ask you to do. Once you do it, they may call you back and demand more payments until you find out it was a scam, and then your money is gone.

?No governmental agency or legitimate business will call you up and demand an immediate payment by credit card or by a pre-paid debit card you find in a convenience store,? said Attorney General Janet T. Mills. ?If you receive one of these calls, do not answer any of their questions. Hang up the phone immediately.?

If you owe ? or think you owe ? federal taxes, call the IRS at 800-829-1040 or go to irs.gov. IRS workers can help you with your payment questions. The IRS doesn?t ask people to pay with prepaid debit cards or wire transfers, and doesn?t ask for credit card numbers over the phone. When the IRS contacts people about unpaid taxes, they usually do it by mail, not by phone.

One Maine resident recorded his interaction with a scammer claiming to be from the Internal Revenue Service and posted it to YouTube. The call illustrates several tactics used by phone scammers. They claimed to be from an entity that the target is familiar with and who he has the potential to owe money to ? we all have to deal with the IRS at some point. When challenged about his authenticity, the scammer tried to reassure the target by giving a badge number in order to sound official. And finally, the payment could only be made by ?Green Dot Money Pak,? available at places like WalMart or drug store chains, and not by other means. The scammers are also not easily dissuaded; different people called repeatedly making the same claims in order to make him think they were legitimate.

Report IRS imposter scams to the Treasury Inspector General for Tax Administration (TIGTA) online or at 800-366-4484, and to the FTC at ftc.gov/complaint.

If you have questions about these or other consumer matters, please contact the Consumer Protection Division of the Maine Attorney General?s Office at 1(800) 436-2131 or consumer.mediation@maine.gov .

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Maker of Opioid Addiction Treatment Drug Suboxone Accused of Conspiring to Keep Monopoly Profits

September 23, 2016

AUGUSTA ? Maine Attorney General Janet T. Mills and 35 other attorneys general today filed an antitrust lawsuit against the makers of Suboxone, a prescription drug used to treat opioid addiction, over allegations that the companies engaged in a scheme to block generic competitors and cause purchasers to pay artificially high prices.

Reckitt Benckiser Pharmaceuticals, now known as Indivior, is accused of conspiring with MonoSol Rx to switch Suboxone from a tablet version to a film (that dissolves in the mouth) in order to prevent or delay generic alternatives and maintain monopoly profits.

Suboxone is a brand-name prescription drug used to treat heroin addiction and other opioid addictions by easing addiction cravings. No generic alternative is currently available. The companies are accused of violating state and federal antitrust laws.

?It is difficult to overstate the effects of artificially inflating the cost of a drug that could ease Maine?s opiate addiction epidemic,? said Attorney General Mills. ?People will quite literally die because they cannot afford an effective form of treatment. It is unconscionable that in the midst of an epidemic this would be happening. I look forward to working with my colleagues in these other states to hold this manufacturer accountable.?

According to the lawsuit, when Reckitt introduced Suboxone in 2002 (in tablet form), it had exclusivity protection that lasted for seven years, meaning no generic version could enter the market during that time. Before that period ended, however, Reckitt worked with MonoSol to create a new version of Suboxone ? a dissolvable film, similar in size to a breath strip. Over time, Reckitt allegedly converted the market away from the tablet to the film through marketing, price adjustments, and other methods. Ultimately, after the majority of Suboxone prescriptions were written for the film, Reckitt removed the tablet from the U.S. market.

The attorneys general allege that this conduct was illegal ?product hopping,? where a company makes modest changes to its product to extend patent protections so other companies can?t enter the market and offer cheaper generic alternatives. According to the suit, the Suboxone film provided no real benefit over the tablet and Reckitt continued to sell the tablets in other countries even after removing them from the U.S. market. Reckitt also allegedly expressed unfounded safety concerns about the tablet version and intentionally delayed FDA approval of generic versions of Suboxone.

As a result, the attorneys general allege that consumers and purchasers have paid artificially high monopoly prices since late 2009, when generic alternatives of Suboxone might otherwise have become available. During that time, annual sales of Suboxone topped $1 billion.

The lawsuit, filed in the U.S. District Court for the Eastern Division of Pennsylvania, accuses the companies of violating the federal Sherman Act and state laws. Counts include conspiracy to monopolize and illegal restraint of trade. In the suit, the attorneys general ask the court to stop the companies from engaging in anticompetitive conduct, to restore competition, and to order appropriate relief for consumers and the states, plus costs and fees.

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Attorney General Mills Seeks Volunteer Mediators

November 3, 2016

Attorney General Mills Seeks Volunteer Mediators

AUGUSTA ? Are you interested in helping Maine consumers resolve disputes with businesses? The Attorney General?s Office is recruiting volunteer mediators for the Consumer Mediation Service, with the next training scheduled for February 2017. For more than 30 years the Consumer Protection Division of the Attorney General?s Office has offered a free and voluntary complaint resolution program for Maine consumers, staffed by trained volunteers and overseen by full-time staff.

Volunteers will mediate consumer complaints over the phone or by mail in the Attorney General?s Augusta Office on a variety of matters including express and implied warranty issues, landlord-tenant, car repairs and car sales, and more. Volunteers will be thoroughly trained in consumer law and mediation techniques at February?s three day training. They will then volunteer between 4 to 6 hours per week on a schedule convenient to them during normal business hours under the supervision of members of the Attorney General?s Consumer Protection Division.

To learn more about the program and download the application please go to our website -http://www.maine.gov/ag/about/volunteer_mediators.shtml Applications must be received by January 1, 2017 to be considered for the February class.

Please direct all inquiries to Complaint Examiner Martha Currier at (207) 626-8847 or: Martha.currier@maine.gov

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Attorney General Mills decries efforts to disenfranchise citizens

November 7, 2016

AUGUSTA ? Maine Attorney General Janet T. Mills has issued the following statement in response to questions about voting requirements for people in Maine.

?No one should feel that they cannot vote if they are a citizen of the United States, if they are 18 years of age or older and if they are a resident of Maine for however short or long a time. Whether you just retired here, whether you are living with family, whether you are here looking for work, or whether you are taking classes here, the requirements for residency in Maine are straightforward and uncomplicated and not related to stricter requirements for licenses, car registrations or tuition. No one should fear financial consequences for exercising their constitutional right to vote. There are no financial penalties, and it is shameful that anyone would suggest otherwise. I call upon leaders and candidates of all parties to disavow efforts of any sort to intimidate and disenfranchise voters. We should encourage every citizen to exercise his or her constitutional right to vote tomorrow.?

For more information on voting residency: http://www.maine.gov/sos/cec/elec/data/resident.html

Drug overdose deaths continue to surge ? First nine months of 2016 exceed all of last year

November 14, 2016

AUGUSTA ? Attorney General Janet T. Mills today released statistics on drug overdose deaths through the first nine months of 2016. With 286 deaths through the end of September, overdose deaths have already exceeded the total number for all of 2015 when there were 272 drug overdose deaths in Maine. This dramatic increase is mainly due to illicitly manufactured (non-pharmaceutical) fentanyl and fentanyl analogs, although the number of deaths due to other drugs is also increasing.

?One person a day is dying from a drug overdose in Maine,? said Attorney General Mills. ?I cannot stress how dangerous these drugs are. My Office is working with law enforcement around the state to stop the trafficking of these drugs in Maine. As we work to stem the supply we must also decrease the demand for these drugs. Maine must expand access to detox beds and long-term treatment so that people in the grips of addiction can find hope and live productive lives. With a new legislature convening soon, we need an ?all hands on deck? approach to combat this epidemic in a smart, nonpartisan and comprehensive way.?

Of the 286 3RD quarter, year-to-date total: ? 195 (68%) are due to at least one illicitly manufactured drug (includes heroin, cocaine, methamphetamine, or non-pharmaceutical fentanyl), alone or in combination with other drugs or alcohol ? 182 (64%) are due to illicitly manufactured opioid drugs (includes heroin/morphine, non-pharmaceutical fentanyl and its analogues, U-47700, and kratom), alone or in combination with other drugs or alcohol ? 176 (62%) are due to at least one pharmaceutical drug (includes a wide variety of drugs available by prescription or over the counter), alone or in combination with other drugs or alcohol ? 95 (33%) are due to at least one pharmaceutical opioid drug (e.g., methadone, oxycodone), alone or in combination with other drugs or alcohol. ? 92 (49%) due to a combination of illicitly manufactured and pharmaceutical drugs.

These figures through the first three-quarters of 2016 far exceed the numbers through the first nine months of 2015 as well. In 2015 there were 174 drug overdose deaths recorded in the first three quarters of the year.

Attorney General Mills expressed her thanks to the men and women of the Office of the Chief Medical Examiner and to Marcella Sorg, PhD, D-ABFA of the Margaret Chase Smith Policy Center at the University of Maine for their work in compiling this data.

Link to past annual Data: http://www.maine.gov/ag/news/article.shtml?id=671344

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286 Drug overdose deaths through the end of September fueled largely by an increase in deaths due to fentanyl

AG Mills shares safe shopping tips for families

November 21, 2016

AUGUSTA ? Attorney General Janet T. Mills is sharing information and resources to ensure that the brightly wrapped gifts exchanged this holiday season contain no unwanted surprises and so families can set ground rules for the proper and safe enjoyment of digital devices year-round.

?There is nothing like seeing the joy of a child opening a gift,? said Attorney General Mills. ?If that gift is a digital device, parents should be thinking now about how that gift should be used in the months to come. Ask yourself if your child should have 24/7 access to the internet. Establish clear, consistent rules for the use of these devices in your home. Review with your child what information they can share on social media and reinforce how quickly ?private? information and photos become public. Remind them that the ?golden rule? also applies to their online behavior ? they need to treat others with respect online.?

Once families decide to purchase a gaming device, tablet, computer or smart phone, it can be difficult for parents to keep up with the rapidly evolving array of games, websites and apps that appeal to young people. Parents should review and monitor what sites and apps their child uses to ensure they are age appropriate. The Entertainment Software Rating Board (ESRB.org), a non-profit, self-regulatory organization that assigns age and content ratings for video games and mobile apps, offers many helpful tips for parents; one of the most important of which is to activate parental control settings. Depending on the device or digital storefront, these settings can block certain features such as in-game purchases, access to the internet and location tracking. Step-by-step guides on ESRB.org help parents set controls on video game consoles, handhelds and personal computers based on the ESRB rating. Also ask your local retailer about any tips they recommend.

"Holiday shopping can be a confusing time for parents with the ever-changing array of new technology for our young people. We thank General Mills for educating Mainers on the tools that are available for parents to help make smart choices," stated Curtis Picard, executive director of the Retail Association of Maine.

Many websites can help parents and children learn about the most appropriate games and coach smart online behaviors.

? OnGuardOnline.gov offers tips to be responsible online. ? ESRB.org assigns age and content ratings for games and mobile apps with information to help parents strike the right balance for kids between time spent with electronics and time spent with family, school work, extracurricular activities and other interests. ? CommonSenseMedia.org reviews apps, beyond the ESRB ratings, to help determine if the app is right for your child.
? NetSmartzKids.org has tips about sharing information online and how to prevent cyberbullying. The American Academy of Pediatrics has established some guidelines for parents in dealing with appropriate limits on screen time and access to media.

?People should also consider the safety and age-appropriateness of traditional gift items for children,? said Attorney General Mills. ?Most toys have a recommended age on the package because they may contain small parts that could choke small children. The US Consumer Product Safety Commission has a website with recalled children?s products ? everything from cribs and car seats to pajamas and toys. It pays to be aware of items that have high lead levels or other hidden dangers.?

The Consumer Product Safety Commission (CPSC.gov) offers three pieces of advice to holiday shoppers: 1. Choose age appropriate toys by reading the age label on the toy. For children younger than 3, avoid toys with small parts which can cause choking. 2. Scooters and other riding toys ?Helmets and safety gear should be worn properly at all times and should be sized to fit as falls could be deadly. Never let your child ride a scooter on a street or roadway with other motor vehicles. 3. Magnets ? Children?s magnetic toys are covered by a strong safety standard that prevents magnets from being swallowed. High-powered magnet sets are dangerous and should be kept away from children. Whether marketed for children or adults, building and play sets with small magnets should also be kept away from small children.

?However you celebrate, I hope this season is filled with joy,? said Attorney General Mills. ?Taking a little extra time now to think about the responsibilities that come with giving a child an electronic device will ensure these gifts continue to deliver that joy for many months to come.?

In addition to these issues, all shoppers should keep these matters in mind:
? Ask about the return policy before you buy. ? Keep your receipts. ? Be aware of Maine?s Implied Warranty ? the extended warranty offered at the point of purchase may not be worth buying - http://www.maine.gov/ag/consumer/lawguidearticle.shtml?id=27922 ? When buying online use a credit card, not a debit card, which will provide you with better consumer protections. ? Monitor your statements and be on the lookout for unauthorized charges.

If you have questions about these or other consumer matters, please contact the Consumer Protection Division of the Attorney General?s Office at 1(800) 436-2131 or consumer.mediation@maine.gov .

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Report of the Attorney General on the Use of Deadly Force by Westbrook Police Officer on April 2, 2016 in Westbrook

November 22, 2016

Synopsis

In the early morning of Saturday, April 2, 2016, Westbrook police officer Benjamin Hall shot and wounded Sean Grossman, 26, outside Mr. Grossman's residence in Westbrook.

Discussion

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force. [1] The detectives in the Office of the Attorney General who investigate these incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in Westbrook on April 2, 2016, which resulted in Officer Hall shooting Mr. Grossman, was to determine whether the facts reasonably generated a case of self-defense, including the defense of others, so as to preclude criminal prosecution of Officer Hall. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, state law provides that conduct determined to be permissible under the Criminal Code does not abolish or impair any other remedy available under the law.

There are two requirements with which any person, including a law enforcement officer, must comply in order to legally use deadly force in self-defense or in defense of a third party. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Whether the use of deadly force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts and Circumstances

Shortly before 6 a.m. on Saturday, April 2, 2016, a woman in Westbrook called 911 and reported that her son ? later identified as Sean Grossman, 26 ? had a gun [2], was threatening to kill himself, and had left the residence in his car looking for his girlfriend. Sometime earlier, the girlfriend fled from him on foot. [3] Detective Daniel Violette [4] went to the residence while other officers searched the area for Mr. Grossman. Mr. Grossman?s mother told Detective Violette that she thought that Mr. Grossman had discharged two or three rounds from his gun within the residence while she was outside. [5] Contemporaneous with Detective Violette?s arrival at the residence, Westbrook police officers Benjamin Hall and Julian Kingsley observed Mr. Grossman?s vehicle and pursued it back to the residence.

Arriving back at the residence, Mr. Grossman ran from his vehicle, gun in hand, and encountered Detective Violette on an outside deck leading to the mother?s residence. His own gun drawn, Detective Violette ordered Mr. Grossman to drop his gun as Mr. Grossman rushed at him. Mr. Grossman told Detective Violette to shoot him while he pointed his gun at his own head. Detective Violette grabbed the wrist of Mr. Grossman?s gun hand in an attempt to direct the gun away from Mr. Grossman?s head and disarm him. Detective Violette still had his own weapon in his right hand. Although he was unable to disarm Mr. Grossman, Detective Violette managed to turn him away so that he was leaning over a deck railing. Detective Violette kept his left arm around Mr. Grossman and maintained his grip on the wrist of Mr. Grossman?s gun hand, keeping the gun pointed away from them both. Mr. Grossman aggressively resisted Detective Violette?s attempts to contain his movements and continued to scream for the police to shoot him.

Officers Hall and Kingsley were about 25 feet from Mr. Grossman and Detective Violette. They, like Detective Violette, repeatedly told Mr. Grossman to drop his gun. At one point in the struggle, Mr. Grossman said that he would not go to jail, and Detective Violette told him he could go to a hospital, not jail, if he dropped his gun. In response, Mr. Grossman continued to struggle and scream for the police to shoot him ?in the head.? After several minutes, Detective Violette tired and started to lose his grip on Mr. Grossman?s wrist. Mr. Grossman was able to manipulate his pistol and direct it toward Officers Hall and Kingsley.

Officer Hall fired a single round at Mr. Grossman. The bullet struck Mr. Grossman at the bridge of the nose, passed through the brim of a baseball cap Mr. Grossman was wearing, and exited at his left eyebrow. Mr. Grossman?s injury was not fatal. He dropped his gun and remained conscious. Police officers and emergency medical personnel from the Westbrook Fire Department rendered immediate medical aid. Shortly after, a Portland hospital provided treatment for Mr. Grossman?s injury.

In June, the Cumberland County Grand Jury indicted Mr. Grossman on eight counts related to the encounter with the police in Westbrook on April 2, as well as the earlier alleged criminal offenses directed at his girlfriend. The indictment charged Mr. Grossman with criminal threatening with a dangerous weapon, reckless conduct with a dangerous weapon, domestic violence reckless conduct with a dangerous weapon, domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, refusing to submit to arrest, and violation of conditions of release. The charges are pending.

Conclusion

Attorney General Janet T. Mills concludes that at the time Officer Hall shot Mr. Grossman, he reasonably believed that there was an imminent threat of unlawful deadly force against him, Detective Violette, and others. It was reasonable for Officer Hall to believe it necessary to use deadly force to protect Detective Violette, himself and any other officers or persons within range of Mr. Grossman and his firearm. The Attorney General?s conclusions are based on interviews with numerous individuals, an extensive forensic investigation, and a review of all the evidence available from all sources. All facts lead to the conclusion that Officer Hall acted to defend himself and others from the imminent threat of unlawful use of deadly force by Mr. Grossman.

[1] 5 M.R.S. ? 200-A. [2] Later investigation determined that Mr. Grossman?s gun was a 9mm semi-automatic pistol loaded with 12 rounds. [3] Later investigation disclosed that Mr. Grossman allegedly argued with and assaulted his girlfriend in the hours before this event. [4] Detective Violette was working an extra shift and was in uniform. [5] Later investigation revealed no evidence that Mr. Grossman in fact discharged the pistol inside the residence.

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Supporting documents

AG Report Hall 2016-11-22

Attorney General?s statement regarding Legislative Council approval of construction within the Capitol Area

November 30, 2016

Attorney General Janet T. Mills issued the following statement regarding the statutory requirement for the Legislative Council to approve construction of state buildings within the Capitol Area, which includes the Riverview campus and a proposed new forensic facility:

?There certainly is no new interpretation on the part of the Attorney General's Office. The fact that the administration has ignored the plain language of the statute in the past does not excuse their ignoring the rightful oversight of the legislative branch in major projects of this sort that have potentially great financial implications to the taxpayers. The Attorney General?s Office learned about the plan to initiate this new construction in the Capitol Planning Area only after the department announced it to the press. We quickly reminded the Bureau of General Services and the Department of Health and Human Services of this statute.?

5 MRS ?304 states that no construction projects for the development of state buildings may be initiated in the Capitol Area without the approval of the Legislative Council, the Bureau of General Services and the Capitol Area Planning Commission.

Link to Statute: http://legislature.maine.gov/legis/statutes/5/title5sec304.html

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Maine and 19 other States File Federal Antitrust Lawsuit against Heritage Pharmaceuticals, other Generic Drug Companies

December 15, 2016

AUGUSTA ? Attorney General Janet T. Mills today joined with 19 other state attorneys general in filing a federal lawsuit against generic drug-maker Heritage Pharmaceuticals, Inc., Auribindo Pharma USA, Inc., Citron Pharma, LLC, Mayne Pharma (USA), Inc., Mylan Pharmaceuticals, Inc. and Teva Pharmaceuticals USA, Inc. alleging that they entered into numerous illegal conspiracies to artificially inflate and manipulate prices and reduce competition in the United States for two drugs: doxycycline hyclate delayed release, an antibiotic, and glyburide, an oral diabetes medication.

The lawsuit was filed under seal in the U.S. District Court for the District of Connecticut.

?Many Mainers rely on lower-cost generic prescription drugs in order to make ends meet,? said Attorney General Mills. ?It is unconscionable for anyone to manipulate the system in order to line their pockets at the expense of people who need access to affordable medications in order to remain healthy. Maine and the other states will stand up for our citizens and against the anticompetitive conduct alleged here.?

In 2015, generic drug sales in the United States were estimated at $74.5 billion; currently, the generic pharmaceutical industry accounts for approximately 88 percent of all prescriptions written in the United States.

In July 2014, the State of Connecticut initiated an investigation of the reasons behind suspicious price increases of certain generic pharmaceuticals. The investigation, which is still ongoing as to a number of additional generic drugs, uncovered evidence of a broad, well-coordinated and long running series of conspiracies to fix prices and allocate markets for a number of generic pharmaceuticals in the United States. In today's lawsuit, the states allege that the misconduct was conceived and carried out by senior drug company executives and their subordinate marketing and sales executives. The complaint alleges that the defendants routinely coordinated their schemes through direct interaction with their competitors at industry trade shows, customer conferences and other events, as well as through direct email, phone and text message communications. The anticompetitive conduct ? including efforts to fix and maintain prices, allocate markets and otherwise thwart competition ? caused significant harmful effects in the country?s healthcare system, the states allege.

The states also allege that the drug companies knew that their conduct was illegal and that they tried to avoid communicating with each other in writing or, in some instances, to delete written communications after becoming aware of the investigation. The states allege that the companies? conduct violated the federal Sherman Act and are asking the court to enjoin the companies from engaging in illegal, anticompetitive behavior and for equitable relief, including substantial financial relief, to address the violations of law and restore competition.

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Report of the Attorney General on the Use of Deadly Force by Presque Isle Police Officer on May 7, 2016, in Presque Isle

December 19, 2016

Synopsis

In the early evening of Saturday, May 7, 2016, Presque Isle police officer Lucas Hafford shot and gravely wounded Derek Sam, 26, of Caribou, during an armed confrontation in a Main Street parking lot in Presque Isle. Mr. Sam died three days later from the gunshot wounds.

Discussion

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force. [1] The detectives in the Office of the Attorney General who investigate these incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in Presque Isle on May 7, 2016, which resulted in Officer Hafford shooting Mr. Sam, was to determine whether the facts reasonably generated a case of self-defense, including the defense of others, so as to preclude criminal prosecution of Officer Hafford. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, State law provides that conduct determined to be permissible under the Criminal Code does not abolish or impair any other remedy available under the law.

There are two requirements with which any person, including a law enforcement officer, must comply to legally use deadly force in self-defense or in defense of a third party. First, the person must actually and reasonably believe that there is an imminent threat of deadly force against the person or against someone else; and, second, the person must actually and reasonably believe it is necessary to use deadly force to counter that threat. Whether the use of deadly force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts and Circumstances

On Saturday, May 7, 2016, at 5:45 p.m., a caller reported to the Presque Isle Police Department that there was a ?very intoxicated man? walking on ?all fours? in the roadway on Main Street. The caller provided a description of the man. Presque Isle police officer Lucas Hafford, who was in uniform and operating a marked police cruiser, responded to the call. He was initially unable to locate the man. A few minutes later, another caller reported that a man was sitting on the curb in the area of the McDonald?s restaurant on Main Street. The caller said that the man was holding a knife and was bleeding from the area of his throat. While still on the phone, the caller said that man stood up and was walking into traffic on Main Street.

As Officer Hafford approached McDonald?s in his cruiser, he saw a man, later identified as Derek Sam, walking south on Main Street. Officer Hafford stopped his cruiser in the road near the entrance to a gift shop parking lot, which resulted in traffic coming to a stop on Main Street. Mr. Sam appeared to have a knife and he appeared to be bleeding. Officer Hafford got out of his cruiser as Mr. Sam continued to walk south on Main Street away from him. Officer Hafford yelled to Mr. Sam to stop. When Mr. Sam turned to look at Officer Hafford, Officer Hafford confirmed that Mr. Sam was holding a knife in his right hand. Officer Hafford recognized Mr. Sam from a previous encounter involving a domestic assault arrest. During that encounter, Mr. Sam was dangerous and volatile. Despite Officer Hafford?s request for him to stop, Mr. Sam continued to walk in a southerly direction on Main Street away from Officer Hafford.

Officer Hafford returned to his cruiser, drove it into the parking lot, and stopped. He got out of his cruiser and again instructed Mr. Sam to stop because he wanted to talk with him. Mr. Sam made a slicing motion across his neck with the knife and fell to the ground with his back toward Officer Hafford. Unable at this point to see the knife, Officer Hafford drew his sidearm as he approached Mr. Sam, warning him not to reach for the knife. Even though Mr. Sam was on the ground, Officer Hafford could see that he was conscious. A former State Police trooper traveling on Main Street drove into the parking lot, and got out of his vehicle to assist Officer Hafford. Mr. Sam quickly sprang to his feet with the knife still in his hand and started backing away from Officer Hafford. Officer Hafford repeatedly told Mr. Sam to drop the knife. He refused and ?glared at? Officer Hafford while telling him to ?just shoot me.?

Officer Hafford then deployed a TASER at Mr. Sam from a distance of 15-20 feet. However, the TASER was ineffective; several witnesses later described seeing Mr. Sam pull the dual prongs from his torso. Mr. Sam still held the knife in his right hand. He started walking directly towards Officer Hafford, who started backing up to maintain some distance between himself and Mr. Sam. Officer Hafford repeatedly yelled at Mr. Sam to drop the knife. When Mr. Sam did drop the knife, Officer Hafford instructed him to get down on the ground. Instead of following the officer?s instructions, Mr. Sam bent down, picked up the knife, and once again started advancing on Officer Hafford. Officer Hafford continued to walk backwards. Again, he repeatedly told Mr. Sam to drop the knife. Mr. Sam responded by telling Officer Hafford to shoot him.

Without warning, when Mr. Sam was about 30 feet from Officer Hafford, Mr. Sam dropped the knife again and, again, when Officer Hafford instructed him to get down on the ground Mr. Sam bent down and picked up the knife. Mr. Sam resumed walking toward Officer Hafford, ignoring the officer?s appeals to drop the knife. Mr. Sam continued to advance on Officer Hafford, telling the officer to shoot him. Mr. Sam was closing the distance on Officer Hafford by walking faster than Officer Hafford could retreat. Mr. Sam was making a ?stabbing motion? with the knife. When Mr. Sam was about ten feet away, Officer Hafford shot him. Mr. Sam fell to the ground. Local medical personnel provided immediate medical treatment. Mr. Sam was initially taken to a local hospital and shortly thereafter to a Bangor hospital. Mr. Sam died three days later.

Mr. Sam?s blood-alcohol concentration shortly after the encounter with Officer Hafford on May 7 was 0.246%. Dr. Mark Flomenbaum, the state?s chief medical examiner, later determined the cause of Mr. Sam?s death to be three penetrating gunshot wounds that damaged a lung, a kidney, and the liver. Dr. Flomenbaum also noted several incised linear superficial wounds to the front and side of the neck, which he said comprised ?hesitation cuts.? He also noted bruises and abrasions consistent with falling.

The 19 citizens who witnessed the encounter between Mr. Sam and Officer Hafford saw Mr. Sam charging at Officer Hafford with the knife. At least two of the witnesses recorded parts of the encounter with their cell phones. The knife was one with a serrated blade that measured 105 mm or 4.13 inches in length.

Conclusion

Attorney General Janet T. Mills concludes that at the time Officer Hafford shot Mr. Sam, he reasonably believed that there was an imminent threat of unlawful deadly force against himself and others. It was reasonable for Officer Hafford to believe it necessary to use deadly force to protect himself and any other persons within range of Mr. Sam and his weapon. The basis for the Attorney General?s conclusions includes interviews with numerous individuals, an extensive forensic investigation, a review of all the evidence available from all sources, and a thorough legal analysis. All facts lead to the conclusion that Officer Hafford acted to defend himself and others from the imminent threat of unlawful use of deadly force by Mr. Sam. It is beyond the scope of this report and beyond the authority and expertise of the Attorney General?s Office to determine with any reasonable certainty Mr. Sam?s motivations, his state of mind, or the psychological underpinnings of his behavior and actions on May 7, 2016.

[1] 5 M.R.S. ? 200-A.

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Attorney General Mills announces further action filed against VW, Audi, Porsche for violating state environmental regulations

January 6, 2017

AUGUSTA ? Attorney General Janet T. Mills today announced she has filed a lawsuit against Volkswagen AG and its affiliates Audi AG and Porsche AG, as well as their American subsidiaries, for the automakers? sale of diesel automobiles (including about 3,500 in Maine) fitted with illegal ?defeat devices? that concealed illegal amounts of harmful emissions and then allegedly misleading regulators and the public about the emissions.

?We will not tolerate the flouting of our state?s environmental laws, the legacy of Senators Ed Muskie and George Mitchell. We will enforce Maine?s environmental standards and will not allow offenders to view serious violations of law as some sort of cost-of-doing-business when they get caught,? said Attorney General Mills. ?Our air, water and natural resources and the health of our people are more important than a corporation?s bottom line. We will seek substantial penalties from the Volkswagen companies for these serious violations.?

The court complaint filed by the Attorney General?s Office follows an investigation started in late 2015 by a multistate coalition into Volkswagen?s use of illegal defeat devices. This suit follows the car companies? partial settlements of claims for consumer relief and consumer deception penalties, as well as their agreement to establish a fund to mitigate the environmental damage caused by their admitted misconduct. Those earlier settlements did not resolve any of the claims for civil penalties that Maine and other states, as well as the EPA, may bring for the companies? flagrant violations of state and federal environmental laws and regulations.

The Complaint alleges that:

? The three affiliated brands Volkswagen, Audi and Porsche made a knowing decision to violate the laws of Maine and other states not just once, but repeatedly, with different types of defeat devices that cheated on emissions tests. ? Starting with model year 2009, Volkswagen and Audi, and later Porsche, began installing these defeat devices in several generations of U.S.-market Volkswagen and Audi diesel engines that equipped over a dozen models, including flagship Audi luxury sedans and high-performance Porsche SUVs, with sales eventually totaling about 3,500 vehicles in Maine. ? The defeat devices took the form of computer software designed to ensure that a vehicle's emissions system performed properly only during emissions testing. On the road, the defeat device switched off or scaled back the vehicles? emissions systems, with the result that the cars and SUVs emitted nitrogen oxides (NOx) ? a harmful pollutant linked to numerous respiratory diseases ? far above allowable limits, indeed up to 40 times those limits. ? The Volkswagen companies actively sought to conceal their use of defeat devices for nearly a year-and-a-half after a study by researchers at West Virginia University that alerted authorities in this country that these diesel cars emitted much more NOx when driven on the road than they did when undergoing emissions testing on equipment used by the U.S. Environmental Protection Agency (EPA) and the California Air Resource Board (CARB) to test the amount of air pollutants emitted by automobiles. ? As a result of use of the illegal defeat devices, thousands of excess tons of NOx are estimated to have been illegally emitted into the air in the U.S., building up harmful ozone in the atmosphere and contributing to increased respiratory health problems and diseases.

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Latest court filing seeks to hold car manufacturer accountable for breaking Maine environmental laws by selling cars they knew were using a device to evade emissions standards while being tested

Supporting documents

VW Enviro Complaint as filed

Overdose deaths claim more than one person per day in Maine during 2016

February 2, 2017

Please Note: There have been minor changes to the preliminary death totals released on February 2, 2017, due to updated death certificate information. The revised total is 376. For an updated and expanded data release, please see: http://www.maine.gov/ag/news/article.shtml?id=741243

AUGUSTA ? More than one person a day died of a drug overdose in Maine in 2016. The influx of fentanyl has contributed to a 39% increase in the total number of drug overdose deaths in Maine in 2016 as compared to 2015. In 2015 there were 272 deaths due to a drug overdose. That figure jumped to 378 deaths in 2016.

Opioid drugs remain the leading factor in deaths, with 313 deaths due to an opioid (pharmaceutical or non-pharmaceutical). Fentanyl caused 195 deaths, a 127% increase over last year, and heroin caused 123 deaths in 2016, which was a 15% increase over 2015.

Fentanyl is a synthetic opioid that is 80 times more potent than heroin. Just a few salt-sized grains of fentanyl could prove deadly. Fentanyl has been used as a pharmaceutical painkiller, usually in the form of a transdermal patch, but the powdered version of the drug that is now prevalent is illicitly produced in clandestine labs and sold to users as heroin. The person using the drug who may have a tolerance for an amount of other opioids can easily be overcome by fentanyl.

?We are losing more than one person each day to a drug overdose,? said Attorney General Mills. ?We need to reach out to friends and neighbors and let them know that whatever is wrong in their lives, no drug is going to solve their problems, not for one second. They are only hurting themselves, their friends, family and community. We have to remove the stigma from addiction so that people will get help before it is too late and we have to provide more pathways to recovery.?

Attorney General Mills expressed her thanks to the men and women of the Office of the Chief Medical Examiner and to Marcella Sorg, PhD, of the Margaret Chase Smith Policy Center at the University of Maine for their work in compiling this data.

Link to past annual Data: http://www.maine.gov/ag/news/article.shtml?id=671344

378 lives lost to drug overdose in Maine last year

Supporting documents

Sorg Memo 2016

Attorney General Mills announces joint FTC action against sellers of supplements

February 22, 2017

AUGUSTA ? Maine Attorney General Janet T. Mills today announced that her office and the Federal Trade Commission have filed a complaint against nine defendants, including three corporations and six individuals, for their roles in a deceptive campaign to sell a joint health supplement and a cognitive health supplement in violation of state and federal laws.

The defendants marketed and sold two products which are the focus of this court action, Flexiprin for joint health and Cogniprin for memory improvement. The complaint alleges that the defendants employed unfair or deceptive acts or practices in the advertising, marketing, distribution, and sale of FlexiPrin and CogniPrin. The defendants sold these products directly to consumers, primarily through radio and print advertising nationwide and in Canada, which has garnered in excess of $6.5 million in gross sales from January 1, 2012 through April 30, 2015.

The Defendants made false claims about the efficacy and testing of their products and deceptively enrolled consumers in ?continuity plans?, or automatic monthly shipments for which consumers? credit and debit cards were automatically charged. When consumers attempted to halt shipments or obtain a refund, they were then told of additional, undisclosed requirements they could almost never abide by. Defendants would use stage names and claim medical credentials to promote the products and claim clinical testing that never actually occurred. Consumers were then, on the same calls, deceptively induced to purchase other services such as discount buying clubs or health savings plans which were also difficult to cancel.

?This scheme misled people into thinking they were getting medically proven products to improve their memory and joint health,? said Attorney General Janet T. Mills. ?The defendants? products appealed to vulnerable populations who had memory issues and pain and who were taken advantage of by fine print that was not fully disclosed. Consumers also were misled about the true costs of the products and how they could get their money back. These products offered false promises based on false advertising. These companies fleeced Americans of millions of dollars. We appreciate the assistance and cooperation of the FTC in bringing this campaign of deception to an end.?

Six of the defendants (2 corporations and 4 individuals) have agreed to settlements, in the form of proposed stipulated Orders, with the State and Federal governments, which will result in over $500,000 total in monetary judgment and strong injunctions including, for one defendant and his corporations, a 20-year ban on marketing or selling dietary supplements directly to consumers. The proposed monetary judgment of over $6.5 million is suspended based on extensive financial analysis of the settling defendants? ability to pay.

Maine and the FTC filed the Complaint and the proposed Orders in federal court in the District of Maine. These stipulated final Orders will have the force of law if and when approved and signed by a District Court judge upon deciding the case.

The complaint can be viewed here: https://www.ftc.gov/system/files/documents/cases/1523024xxlimpressions_complaint.pdf

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Maine and the Federal Trade Commission partner to crack down on sellers of supplements that made false and deceptive claims about their products and used deceptive business practices to fleece consumers if they sought a refund.

Consumers Impacted by Scams Utilizing Western Union May Be Eligible for Restitution Payments

March 2, 2017

AUGUSTA ? Attorney General Janet Mills requests all Mainers who were scammed out of money and asked to utilize Western Union as a payment method to contact her office as they may be eligible for restitution payments. Under a recent settlement with the federal government consumers may be eligible for some restitution if the payments were sent between 1/1/2004 and 1/19/17.

In January, the Federal Trade Commission announced a settlement it made with Western Union that will require them to return $586 million dollars through a claims settlement process to consumers. Going forward, Western Union must go one step further by creating a real and strong anti-fraud program. Western Union agreed to this settlement after ignoring for years the more than 550,000 complaints it received about money transfers made for fraudulent lottery and prizes, family emergency calls ? also known as the grandparent scam, advance fee loan payments, online dating scams, the more recent IRS scam, among others.

Attorney General Mills said ?I ask all Mainers who have been scammed out of money and were asked to use Western Union to make these fraud-induced payments to contact my office so that we can connect them with the federal agencies managing this claims process. I realize some may be embarrassed that they fell for a scam. You are not alone. Do not be embarrassed, please take this opportunity to be reimbursed for the money you have lost.?

Under the settlement, Western Union will return $586 million dollars through a process to be determined at a later date. The company will have to train and monitor its agents so that people are protected. The company won?t be allowed to transmit a money transfer that it knows ? or should know ? is a fraud. It has to block money transfers to anyone who has a fraud report, make it easier for people to report fraud, give clear warnings to people who are sending money, and refund a fraud-related money transfer if the company didn?t comply with its own anti-fraud procedures. Additionally, consistent with the telemarketing sales rule, Western Union must not process a money transfer that it knows or should know is payment for a telemarketing transaction. If you ever wire money, also keep in mind that it?s illegal for a telemarketer to ask you to pay with a money transfer. Scammers love using money transfer services because once you send the money, it?s gone forever. So, if a telemarketer asks you to wire money, already you know they?re a crook.

Consumers who made payments for a scam between 1/1/2004 and 1/19/2017 may be eligible for reimbursement. Please contact the Consumer Protection Division at the Attorney General?s Office if you were scammed during this time. You will need to provide your basic contact information, approximate dates of the transaction(s), amounts of the transaction(s) and any relevant transaction identification numbers, if available. Your information will then be provided to our federal partners administering the claims process.

For this case, we prefer receiving information by email ? consumer.mediation@maine.gov ? but we can also be reached at (207) 626-8849 or 1-800-436-2131.

The deadline for consumers to submit this information to the Attorney General?s Office is Monday, April 3, 2017.

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Attorney General Mills announces new public education TV ad combating opioids

March 28, 2017

AUGUSTA ? Maine Attorney General Janet T. Mills announced today a new television ad warning of the link between prescription painkillers and heroin addiction. The ad is the latest in the ?Dose of Reality? public education campaign launched in 2016. The ad will be made available to Maine broadcasters through the Maine Association of Broadcasters? Public Education Partnership program over the coming months.

?Four out of five people who use heroin tell us that their substance abuse disorder began with a prescription painkiller,? said Attorney General Mills. ?The influx of heroin and fentanyl have turned Maine?s opioid problem into a deadly epidemic. This ad illustrates how quickly a person can descend down the path of addiction. As we work to stem the flow of illicit opioids into Maine, we must ensure that we reduce the number of opioid prescriptions and ensure that people properly dispose of unused painkillers.?

The new ad, entitled ?Path to Heroin,? can be viewed online at the www.doseofrealitymaine.org website. The ad begins with a locker room scene and two hockey players sharing a painkiller and ends showing one of the young men after having injected heroin. The Dose of Reality website has other public service messages and information about the proper disposal of prescription painkillers.

Attorney General Mills expressed her appreciation to Attorney General Brad Schimel of Wisconsin for making these materials available to Maine.

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Attorney General Mills announces settlement in latest action against Volkswagen for emissions scandal

March 30, 2017

AUGUSTA ? Attorney General Janet T. Mills announced today that Volkswagen AG, Audi AG and Porsche AG, as well as their American subsidiaries, have agreed to pay over $157 million to ten states to settle environmental lawsuits filed last year challenging the companies? secret use of unlawful ?defeat device? software in their vehicles ? software that caused tens of thousands of tons of excess harmful pollutants to be emitted into the air in Maine and other states.

The settlement marks the first time Maine and the other settling states ? all of which have adopted California?s stringent vehicle emission standards ? have secured an environmental settlement from an automobile manufacturer for violations of their own state auto emissions laws. Maine will continue to enforce the tough auto emission standards established by California and incorporated into Maine law.

?We will not tolerate the flouting of our state?s environmental laws, the legacy of Senators Ed Muskie and George Mitchell. We will enforce Maine?s environmental standards stringently,? said Attorney General Mills. ?Our air, water and natural resources and the health of our people are critically important. The actions by VW to deliberately violate Maine?s motor vehicle emission standards affected all of us and it was important to bring this action on behalf of the people of Maine.?

Today?s settlement with VW, which includes $5.1 million for Maine, represents the largest settlement for Clean Air Act violations that Maine has ever obtained. Amounting to over $1,285 per defeat-device-equipped Porsche, Audi, and Volkswagen diesel vehicle sold or leased in the state ? and in addition to the amounts the companies have already agreed to pay ? this will serve to deter other companies considering breaking Maine?s environmental laws. The settlement monies will fund environmentally beneficial projects and programs across the state.

Also as part of today?s settlement, Volkswagen has agreed to substantially increase its commitment to the emerging electric car market. The agreement requires Volkswagen to ? by 2020 ? at least triple the number of electric car models its Volkswagen, Porsche, and Audi brands offer from one model to three, including two electric SUVs. This commitment will further increase consumer choice and spur pollution-reducing electric car sales.

This multistate settlement agreement was filed today in the U.S. District Court for the Northern District of California and will be further memorialized in consent judgments to be filed in state courts. The other states joining today?s settlement include Connecticut, Delaware, Massachusetts, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.

The lawsuit followed an extensive investigation by a multistate coalition of over 40 states and other jurisdictions. As alleged in Maine?s complaint, Volkswagen, Audi, and Porsche sold more than 570,000 2.0- and 3.0-liter diesel vehicles in the United States equipped with ?defeat device? software intended to circumvent applicable emissions standards for certain air pollutants. Once installed, the software activates required emissions controls during a car inspection, but deactivates those controls during regular driving, effectively falsifying the inspection results and allowing nitrogen oxide (NOx) emissions up to 35 times the legal limit. The automakers installed defeat devices in several generations of U.S.-market Volkswagen and Audi diesel engines that equipped over a dozen models, including flagship Audi luxury sedans and high-performance Porsche SUVs, with sales eventually totaling over 3,500 vehicles in Maine, before these vehicles were pulled from the market in 2015.

NOx pollution presents grave risks to human health. It contributes to the formation of harmful ground-level ozone (smog) and soot. Exposure to smog and soot is linked to a number of respiratory- and cardiovascular-related health effects, including premature death. Children, older adults, people who are active outdoors (including outdoor workers), and people with heart or lung disease are particularly at risk for health effects related to smog or soot exposure. Nitrogen dioxide formed by NOx emissions can aggravate respiratory diseases, particularly asthma, and may also contribute to the development of asthma in children.

View settlement agreement: https://ag.ny.gov/sites/default/files/vwsettlementagreement-executioncopywith_signatures.pdf

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Automaker agrees to pay $157 million to ten states for violating state emissions standards by selling over 570,000 cars and SUVs that polluted excessively

Attorney General Janet Mills Releases Expanded 2016 Drug Death Report

April 11, 2017

AUGUSTA ? An analysis of 2016 drug deaths released today provides greater detail surrounding the opioid epidemic in Maine. The expanded Maine Drug Death Report for 2016 conducted by Marcella Sorg, PhD for the Attorney General?s Office and the Office of Chief Medical Examiner shows that there was a nearly 40% increase in deaths due to a drug overdose from 2015. The overwhelming majority of these deaths, 84%, were caused alone or in combination with an opioid.

?The number of deaths caused by heroin and fentanyl is unprecedented,? said Attorney General Janet T. Mills. ?Yet the danger of prescription opioids remains unabated. It is time to fully fund treatment services for those affected by this deadly disorder and to fully engage in prevention and education efforts. Using these drugs, alone or in combination, is playing with fire.? Mills called for physicians across the state to limit their opiate prescribing practices and for more doctors to become suboxone prescribers.

The summary shows how the numbers of drug deaths are expanding across the state. Only 5 counties had more than 10 deaths in 2015 and in 2016 that number increased to 10 counties. It also shows that traditional service center cities are bearing a heavy load. While Portland has 5% of the state?s total population, 11% of the overdose deaths were recorded there in 2016. Bangor is home to just 2% of the total population, but it recorded 9% of the 2016 overdose deaths.

?This epidemic is not limited to one area or region of Maine,? said Attorney General Mills. ?Our cities are being hit hard by this, but rural regions are not immune. It cannot be stressed enough that this epidemic is hitting all across Maine and is not confined to big city across the country,? said Attorney General Janet T. Mills. ?This is happening to your friends and family, and it is happening in your neighborhood.?

The analysis shows that while deaths due to pharmaceutical opioids have been eclipsed by fentanyl and heroin, the number of deaths from prescription painkillers increased last year to 123 ? the highest level since 2010. An analysis conducted by Dr. Sorg of the cases in 2015 in which a pharmaceutical opioid was implicated as a cause of death observed that only 7 percent had a prescription for that drug at the time of their death.

Note: There have been minor changes to the preliminary death totals released on February 2, 2017, due to updated death certificate information. The revised total is 376.

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Supporting documents

Sorg Memo - 2016 Drug Deaths

Attorney General Mills Urges Eligible Maine Residents to Submit Claims for Provigil Settlement

April 12, 2017

AUGUSTA ? Attorney General Janet T. Mills urges Maine residents to file claims or make their views known on a multistate settlement that provides $35 million for consumers who paid for the brand-name drug Provigil or generic modafinil from June 24, 2006, to March 31, 2012. The time to file claims or express views on the settlement has been extended to June 25, 2017.

To obtain a claim form, visit www.StateAGProvigilSettlement.com or call 1-877-236-1413.

Provigil, which includes the active ingredient modafinil, is approved by the federal Food and Drug Administration (FDA) to improve wakefulness in adult patients with excessive sleepiness associated with narcolepsy, obstructive sleep apnea and shift work disorder.

In August 2016, Maine and 47 other state attorneys general announced the settlement with biopharmaceutical company Cephalon and its affiliated companies, including Teva Pharmaceutical Industries, Teva Pharmaceuticals USA and Barr Laboratories, that resolved allegations that the companies engaged in unlawful "pay-for-delay" anticompetitive conduct involving the patent exclusivity for Provigil.

The settlement included $35 million to compensate eligible consumers who may have been harmed by the alleged conduct. While the claims period has been advertised for several months, many consumers may not realize that the claims period will close. Originally, the deadline for consumers to file claims seeking to receive some of that $35 million or object to the settlement was Thursday, April 13, 2017. The states sought and were granted an extension of the time to claim or object to June 25, 2017.

Eligible consumers are those who reside in the District of Columbia or any state other than California or Louisiana and who paid for brand-name Provigil or generic modafinil from June 24, 2006, to March 31, 2012.

For more information or to obtain a claim form, visit www.StateAGProvigilSettlement.com or call 1-877-236-1413.

"Pay for delay" conduct occurs when a branded drug company seeks to unlawfully maintain its exclusive rights by paying a would-be generic competitor to delay entry into the market and thus keep prices at artificially high levels.

As the patent for Provigil neared expiration in 2001, the states alleged that Cephalon intentionally mislead the United States Patent & Trademark Office (PTO) in order to secure an additional patent for the purpose of preventing competition. By misleading the PTO, Cephalon was able to obtain FDA exclusivity for modafinil until June 2006, and extend patent exclusivity until April 2012. A court subsequently deemed the additional patent invalid and unenforceable, but prior to that ruling, Cephalon was able to delay generic competition for over a decade by filing patent infringement lawsuits against all potential generic competitors.

Cephalon later settled lawsuits with its generic competitors in 2005 and early 2006 by paying them to delay the sale of their generic versions of Provigil until at least April 2012 ? six years after expiration of FDA exclusivity but three years before patent expiration. The delayed entry cost consumers, states and others hundreds of millions more for Provigil than if generic versions of the drug had launched by early 2006, as expected.

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To receive settlement funds, claims must be filed by Wednesday, June 25 To obtain a claim form, visit www.StateAGProvigilSettlement.com or call 1-877-236-1413.

Attorney General Janet T. Mills files Civil Rights Act complaint related to altercation near Casco Bay High School

April 21, 2017

AUGUSTA ? Attorney General Janet T. Mills announced today that she has filed a complaint under the Maine Civil Rights Act against Jaime Hoffman, age 20, of Portland. The complaint alleges that on or about January 27, 2017, Hoffman yelled racial epithets at a diverse group of students waiting for the Portland METRO bus on Allen Avenue near Casco Bay High School in Portland and then assaulted two students who confronted him about his racist language. The complaint requests the Court to order Hoffman to stay away from the students, stay off the campus shared by the Casco Bay High School and the Portland Arts and Technology High School and refrain from violating the Maine Civil Rights Act in the future.

Specifically, the complaint alleges that Hoffman, accompanied by two companions, began yelling racial epithets at a group of four freshmen waiting for the bus near the Casco Bay High School. The group included students originally from Mexico, Sudan and the Republic of Congo. In addition to using racial epithets, Hoffman is alleged to have made comments that immigrants should go back to their own countries and they should die.

According to the complaint, a biracial student in the group said to Hoffman, ?Why do you deserve to be here anymore than they do?? Hoffman responded by rushing at the student and punching him in the head. A white female student waiting across the street for another Metro bus ran over to check on the biracial student. She and other students followed Hoffman and his two companions as they walked along Allen Avenue in the direction of Washington Avenue. Hoffman continued to yell racial epithets.

The white female student yelled at Hoffman, ?It?s not just your country. It?s everybody?s country. It?s not a white man?s country.? Hoffman tackled the white female student to the ground. Hoffman and his two companions fled when the sirens of the responding police cruisers could be heard.

?The Maine Civil Rights Act protects all people from the threat of violence or acts of violence based on bias against race, religion, color, ancestry and national origin,? said Attorney General Mills. ?People who stand up for the rights of immigrants and people of color should not be subject to threats or acts of violence motivated by the perpetrator?s bias.?

The Attorney General?s Office would like to thank the Portland Police Department for their investigation of this case.

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Supporting documents

Hoffman Civil Rights Complaint

Attorney General Mills responds to Governor's law suit

May 1, 2017

Below is a statement from Attorney General Janet T. Mills in response to the lawsuit filed by the Governor today.

"The Attorney General represents state government and the public interest in thousands of matters every year. The Maine Supreme Judicial Court has recognized the unique role of the Attorney General as an independent Constitutional Officer and her duty to represent the public interest. Superintendent of Insurance v. Attorney General, 558 A.2d 1197 (Me. 1989).

The Attorney General has never denied the Governor the ability to retain outside counsel in any particular matter. We have simply said that whoever the Governor chooses should be licensed to practice law and should carry malpractice insurance, two common sense prerequisites which any prudent business person would employ as well.

Instead of signing onto another party?s brief at no cost to the taxpayers, however, or hiring a lawyer to draft his own brief, the Governor has wasted state resources by hiring a lawyer to file a frivolous law suit, complaining that he cannot do exactly what we have told him he can do."

Supporting documents

Supt of Insurance Decision

Attorney General Janet T. Mills announces action to address the opioid crisis

June 19, 2017

AUGUSTA ? Attorney General Janet T. Mills is working with a bipartisan coalition of Attorneys General from across the country in evaluating the practices of manufacturers of opioids.

The Attorneys General are investigating what role opioid manufacturers may have played in creating or prolonging this epidemic. Since 2010 nearly 800 Mainers have died from an overdose of a pharmaceutical opioid, compared to about 600 who died from an illicit opioid.

?We need to get the genie back in the pill bottle; our society is awash in pills and it is killing us.? said Attorney General Mills. ?The vast majority of people arrested for possession of heroin or fentanyl tell us their substance abuse disorder began with painkillers. We have to confront all sources of the opiate problem, no matter the origin. It is now common knowledge that certain drug companies sold the public and medical community a bill of goods by marketing products as being non-addictive when in fact hundreds of thousands of people developed severe dependency to these substances.?

Although the Office is not identifying the target(s) of its investigation at this time, Attorney General Mills wants to assure the residents of Maine that she is actively taking steps to help address this opioid epidemic.

In addition to this investigation the Attorney General?s Office is sponsoring a public education campaign entitled ?Dose of Reality? to remind all Mainers that painkillers can be deadly, that sharing prescriptions is dangerous and that pills should be properly stored and disposed of. For more information see: http://doseofrealitymaine.org/

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Federal First Circuit Court of Appeals rules that the Penobscot River is held in trust by the State of Maine for all Maine People

June 30, 2017

AUGUSTA ? The Federal First Circuit Court of Appeals in Boston today ruled in favor of the State of Maine in a case brought by the Penobscot Nation in 2012. The Penobscot Nation sued the State after then Attorney General Bill Schneider wrote to the Nation to express his opinion that only the State of Maine had authority to stop or otherwise regulate paddlers, hunters or anglers on the river. The Nation filed suit to assert ownership of the entire river, despite the plain language of the landmark 1980 Maine Indian Claims Settlement Act that stated otherwise. The Federal District Court and the First Circuit Court of Appeals both agreed with the State of Maine. The First Circuit?s decision also recognized that the State of Maine has not interfered and does not intend to interfere with the sustenance fishing rights of the Penobscot Nation.

?We are gratified by the court?s ruling and we look forward to working with the Penobscot Nation on areas of mutual interest. We respect and honor the Penobscot Nation?s deep historical and cultural ties with the river and look forward to working with them to preserve the health and vibrancy of this major watershed which is so critical to all the people of Maine,? said Attorney General Janet T. Mills.

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Supporting documents

PIN 1st Circuit Decision

Attorney General Mills calls on US Department of Education to uphold student protections

July 13, 2017

AUGUSTA ? Maine Attorney General Janet T. Mills is calling on Education Secretary Betsy DeVos to reject a move by the U.S. Department of Education to replace existing student protections ? calling them a ?waste of resources and a betrayal of students.?

The comments, submitted Wednesday night to Secretary DeVos, follow the abrupt rescinding of the Borrower Defense Rule ? set to go into effect on July 1 ? which was designed to hold abusive higher education institutions accountable for cheating students and taxpayers out of billions of dollars in federal loans. On June 14, the Department announced its intent to delay large portions of the Rule without soliciting, receiving, or responding to any comment from the public.

According to the attorneys general, the Borrower Defense Rule was created in large part as a result of state and federal investigations into for-profit schools like the now-defunct Corinthian Colleges, and finalized after robust and thorough negotiated rulemaking with input from numerous stakeholders.

Under the Borrower Defense Rule, a successful enforcement action against a school by a state attorney general entitles borrowers to obtain loan forgiveness, and enables the Department of Education to seek repayment of any amounts forgiven from the school. It also prohibits schools from using arbitration agreements and class action waivers to stop students from bringing claims either individually or collectively against their schools in court.

?We are dismayed by the Department?s decision to cast aside all the hard work and progress achieved during its previous rulemakings, and disheartened that the Department has decided to turn its back on the critical protections it promised to borrowers. This is both a waste of resources and a betrayal of students who count on the Department to protect them from abuse at the hands of predatory schools,? the letter states.

In their comments, the attorneys general also oppose the Department?s efforts to replace the Gainful Employment Rule, which empowers students to make informed decisions about their education and protects students from programs that will leave them with burdensome debt and poor job prospects.

?These rules are the products of a significant amount of time and effort on the part of numerous stakeholders and the Department. Simply abandoning them is both a waste of Departmental resources and an injustice for the students these Rules were designed to protect,? the letter states.

The coalition of attorneys general involved in today?s letter includes California, Connecticut, Delaware, Hawaii, Iowa, Illinois, Kentucky, Maine, Massachusetts, Maryland, Minnesota, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

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Supporting documents

Multi State Comments on USDoE Rulemaking

Attorney General Mills calls for open internet in comments to the FCC

July 20, 2017

AUGUSTA ? Attorney General Janet Mills is calling on the Federal Communication Commission (FCC) to maintain important consumer protections for internet service customers and an open internet by rejecting proposed rules. The FCC is considering rules that would allow Internet Services Providers to slow or block access to certain sites or mobile applications, upending the idea of ?net neutrality? that has allowed ideas and commerce to flourish across the web.

?We access information, entertainment, educational opportunities, do our banking and shopping all online,? said Attorney General Mills. ?We can?t allow some information or some sites to be available on one network to one customer, but not another. ?Net neutrality,? the idea that we can all access the same parts of the web and use any application, without interference from a provider, is critical to the free exchange of ideas so important to our society. The FCC needs to reject these proposed rules, in favor of free speech for all Americans.?

The comments submitted by the attorneys general state: ?The current Open Internet rules were based on the premise that consumers expect and deserve an open and transparent Internet and that their right to access their chosen content without interference from their service provider should be protected. The existing rules recognize that the Internet has become an essential service in our society, and that role could be compromised by allowing private companies, many of which have conflicts of interest, to dictate the terms of consumers? access to and use of the Internet. Consumers expect transparency and fairness from their Internet service when they go online, and those expectations should be reflected in the FCC?s rules.?

Attorney General Mills, along with 13 other attorneys general, submitted these comments to the FCC in opposition to the Notice of Proposed Rule Making.

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Maintaining Net Neutrality is critical to consumers? interests and to the free exchange of ideas critical to our society

Supporting documents

AG FCC Net Neutrality Comments

Report of the Attorney General on the Use of Deadly Force by State Police Trooper on August 15, 2016, in Jefferson

July 21, 2017

Synopsis

During the late evening of Monday, August 15, 2016, State Police Sergeant Jason Madore engaged in the use of deadly force when he shot at Shane Prior, 34, of Cushing. While none of Sgt. Madore?s rounds struck him, Mr. Prior died from a self-inflicted gunshot wound to the head.

Discussion

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force. [1] The detectives in the Office of the Attorney General who investigate these incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in Jefferson on August 15, 2016, which resulted in Sgt. Madore shooting at Mr. Prior, was to determine whether the facts reasonably generated a case of self-defense, including the defense of others, so as to preclude criminal prosecution of Sgt. Madore. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, State law provides that conduct determined to be permissible under the Criminal Code does not abolish or impair any other remedy available under the law.

There are two requirements with which any person, including a law enforcement officer, must comply to legally use deadly force in self-defense or in defense of a third party. First, the person must actually and reasonably believe that there is an imminent threat of deadly force against the person or against someone else; and, second, the person must actually and reasonably believe it is necessary to use deadly force to counter that threat. Whether the use of deadly force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts and Circumstances

During the late evening of August 15, 2016, State Police Sgt. Jason Madore and several other troopers were in Augusta when they received information that Shane Prior had shot his former domestic partner at the home of the partner?s friend in Jefferson. The officers also learned that Mr. Prior was still at the residence armed with a .45 caliber handgun. The officers responded to Jefferson where they met about one mile away from the residence of the former partner?s friend. At the same time that the officers were gathering, they learned that Mr. Prior had left the residence in a tan-colored pickup truck. Within minutes, the officers saw a vehicle matching the description drive by them.

Sgt. Madore and the other officers followed the vehicle a short distance. One of the officers activated the emergency blue lights on his cruiser, and the vehicle pulled to the side of the road and stopped. The officer shouted commands for the driver, later determined to be Mr. Prior, to show his hands and get out of the vehicle. Within seconds, there was a gunshot from within the vehicle. Sgt. Madore was outside his cruiser, which was behind and to the left of Mr. Prior?s vehicle. Hearing the sound of a gunshot, observing muzzle flash, and hearing a round going through a wooded area, he believed that Mr. Prior was firing at him and/or the other officers. Sgt. Madore fired several rounds at Mr. Prior.

No further activity came from Mr. Prior?s vehicle. After failed attempts to persuade Mr. Prior to get out of the vehicle, members of the State Police Tactical Team approached the vehicle and determined that Mr. Prior was deceased. He still held a handgun in his hand, and he had been shot in the head. The investigation included an autopsy, which disclosed that none of the rounds fired by Sgt. Madore struck Mr. Prior, but that Mr. Prior shot himself in the head with his own pistol.

Further investigation disclosed that a short time before August 15, 2016, Mr. Prior?s partner ended a longtime relationship with Mr. Prior. The split was not amicable, and Mr. Prior made continual attempts at getting back together. In the meantime, the partner started a relationship with another man. The man became the subject of threats by Mr. Prior. The partner and her two young daughters by Mr. Prior were temporarily staying at a friend?s home in Jefferson.

During the evening of August 15, 2016, the former partner, the two daughters, the owner of the Jefferson residence, and a friend were gathered around a campfire at the Jefferson home. The partner received a telephone call from Mr. Prior during which Mr. Prior made pleas to rekindle their relationship and expressed anger about her new relationship. During the call, Mr. Prior asked the former partner to meet him at a nearby convenience store to talk. However, she told Mr. Prior that she did not want to meet him.

At about 9:50 P.M., Mr. Prior arrived at the Jefferson residence. He parked at the end of a long driveway and approached the residence on foot. He startled his former partner by grabbing her cell phone out of her hand as she sat in her car with the door open while texting her boyfriend. The pair scuffled in the driveway for control of the cell phone. The physical altercation continued down the driveway and across the street. Mr. Prior pulled a handgun from the back of his waistband, chambered a round, and pointed it at the former partner saying that he would not allow another man to raise his children. The former partner ran back toward the residence; Mr. Prior discharged at least two rounds at the woman, one of which struck her in the arm. She continued to run up the driveway and into the house, locking the door behind her.

Mr. Prior attempted to open the door without success. The owner of the residence confronted Mr. Prior in the driveway. Mr. Prior initially backed away from the house, but then tried the door again and attempted to kick it open. The homeowner again confronted Mr. Prior, who was still armed with a pistol, and escorted him off her property. Mr. Prior left in his tan-colored pickup truck, and was pulled over by the police moments later.

Conclusion

Attorney General Janet T. Mills concludes that at the time Sgt. Madore shot at Mr. Prior, he reasonably believed that Mr. Prior presented an imminent threat of unlawful deadly force against himself and others. It was reasonable for Sgt. Madore to believe it necessary to use deadly force to protect himself and any other persons within range of Mr. Prior and his weapon. Sgt. Madore was also aware that Mr. Prior had shot his former domestic partner a short time prior to Mr. Prior?s encounter with Sgt. Madore and other officers.

The basis for the Attorney General?s conclusions includes interviews with numerous individuals, an extensive forensic investigation, a review of all the evidence available from all sources, and a thorough legal analysis. All facts lead to the conclusion that Sgt. Madore acted to defend himself and others from the imminent threat of unlawful use of deadly force by Mr. Prior.

[1] 5 M.R.S.A. section 200-A.

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Supporting documents

Madore Jefferson Report

Attorney General Mills urges Congress to protect legal rights of victimized consumers

July 28, 2017

AUGUSTA ? Attorney General Janet T. Mills is urging U.S. Senate leaders not to repeal the Consumer Financial Protection Bureau?s (CFPB) Arbitration Rule, which stops companies from forcing consumers to sign away their legal rights.

The House recently passed a Joint Resolution of Disapproval that would set aside the CFPB?s rule under the Congressional Review Act. The attorneys general are asking the Senate to oppose that resolution and support consumers? rights to go to court to assert their claims against financial institutions.

The letter was sent today to Senate Majority Leader Mitch McConnell and Minority Leader Charles Schumer.

?The CFPB?s Arbitration Rule would deliver essential relief to consumers, hold financial services companies accountable for their misconduct, and provide ordinary consumers with meaningful access to the civil justice system,? the letter states.

Last year a coalition of attorneys general, including Attorney General Mills, sent a multistate letter to CFPB Director Richard Cordray supporting the CFPB?s rulemaking and calling for the restoration of these protections for consumers.

Restrictions on participation in class action cases are routinely inserted by financial institutions into contracts for financial products such as credit cards, payday loans, and checking accounts. Many consumers enter contracts without being aware that they are relinquishing significant rights, including their rights in court.

?No one individual goes to court over $25, but if a business is unfairly skimming $25 from thousands of individuals, they should have the right to band together in a class action law suit,? said Attorney General Mills. ?The CFPB rule is an important step in leveling the playing field for consumers and the Senate should reject any effort to undo the rule.?

The states that participated in this letter include California, Connecticut, Delaware, Hawaii, Iowa, Illinois, Massachusetts, Maryland, Maine, Minnesota, New Mexico, New York, North Carolina, Pennsylvania, Rhode Island, Oregon, Washington, Vermont and Virginia, as well as the District of Columbia and Hawaii?s Office of Consumer Protection.

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AG joins coalition of State Attorneys General in letter to U.S. Senate Leadership urging US Senate to keep the CFPB Arbitration Rule

Supporting documents

AG Ltr to US Senate re CFPB Arbitration ruld 2017-07-28

Report regarding use of force event involving stolen wheel loader on Maine Turnpike

July 28, 2017

July 24, 2017 Report of the Attorney General on the Use of Deadly Force by Lewiston Police Officer on September 12, 2016 in New Gloucester

Synopsis

In the early morning of September 12, 2016, on the Maine Turnpike in New Gloucester, Lewiston Police Sergeant Derrick St. Laurent shot at a large construction vehicle, known as a wheel loader or front-end loader, in an attempt to disable the stolen vehicle. No one was injured.

Discussion

The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force. As a matter of law, deadly force includes discharging a firearm at a moving vehicle. The detectives in the Office of the Attorney General who investigate these incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident on the Maine Turnpike in New Gloucester on September 12, 2016, was to determine whether self-defense, including the defense of others, or the necessity to terminate a dangerous situation, was reasonably generated by the facts so as to preclude criminal prosecution of Sgt. St. Laurent. Any such prosecution would require the State to disprove beyond a reasonable doubt self-defense or the defense of others or that it was unnecessary to engage deadly force to terminate a dangerous situation. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, state law provides that conduct determined to be permissible under the Criminal Code does not abolish or impair any other remedy available under the law.

In order for any person, including a law enforcement officer, to legally use deadly force in self-defense or in defense of a third party, two requirements must be met. First, the person must actually and reasonably believe that deadly force is imminently threatened against the person or against someone else; and, second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of deadly force by a law enforcement officer is reasonable must be based on the totality of the particular circumstances and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

Facts

On Sunday, September 11, 2016, late in the evening, two 14-year-old male residents absconded from a juvenile group home in Litchfield. State Police troopers searched the area until shortly after midnight. A statewide police broadcast reported the boys as runaways.

Shortly after midnight, a Maine Turnpike tollbooth attendant at Mile 102 in Auburn reported that two boys, later determined to be the runaways, placed construction barrels across the turnpike in an apparent attempt to stop traffic to solicit a ride. A trucker who stopped declined a request from the boys for a ride. A State Police trooper searched the area to no avail. While checking a construction site at a former turnpike service plaza at Mile 98 in West Gardiner, the trooper?s cruiser camera recorded the presence of a parked Volvo wheel loader at 1:39 a.m. The two boys later stole the loader and, for the next several hours, eluded the police and caused thousands of dollars in damage to vehicles, including police cruisers, and other property.

Approximately two hours later, several residents complained to police that a wheel loader was running over and scooping up mailboxes on the Plains Road and the Upper Pond Road in Litchfield. A trooper searched the area to no avail. An Androscoggin County deputy sheriff, aware of the complaints of mailbox damage, saw a wheel loader traveling erratically on Sabattus Street in Lewiston towards downtown Lewiston. The loader was operating left of center and at times was fully in the opposing traffic lane. The deputy attempted to stop the loader by activating his cruiser?s emergency lights and signals, but the driver refused to stop. Other deputies joined in a pursuit.

Sergeant Derrick St. Laurent of the Lewiston Police Department, supervisor of the night shift, became aware of the pursuit and the damage the wheel loader had wrought. He and another officer left the Lewiston police station in separate vehicles to respond to the pursuit on Sabattus Street. The two officers drove up behind the loader on Sabattus Street. The loader was traveling erratically and against oncoming traffic. Sgt. St. Laurent passed the loader and assumed a moving position in front of it in an attempt to slow it down and to alert oncoming traffic. The other Lewiston officer followed directly behind the loader with his cruiser?s emergency lights and signals activated. The officer observed the loader swerve in an apparent attempt to sideswipe Sgt. St. Laurent?s cruiser as the cruiser passed the loader to acquire a position in front of it. The other officer observed the loader traveling very close to the rear of Sgt. St. Laurent?s cruiser.

The loader turned from Sabattus Street onto Russell Street. The pursuit continued through several residential neighborhoods. Other officers went to upcoming intersections to warn motorists. Two officers at the intersection of Mollison Way and Main Street took evasive steps to avoid collisions with the loader when it drove directly at their cruisers. As the loader continued on Main Street towards downtown Lewiston, Sgt. St. Laurent again passed it and assumed a moving position in front of it. It was now a few minutes after 5 a.m. with commuter traffic increasing.

The loader turned from Main Street onto one-way Lisbon Street traveling in the wrong direction. It then made several more turns onto various intersecting streets and, at one point, the operator appeared to intentionally swerve towards a Lewiston police cruiser. The loader collided with the cruiser, causing significant damage. By this time, as the loader headed toward Lisbon, there were seven police cruisers involved in the pursuit. The loader turned onto the Maine Turnpike and headed south. The operator swerved alternately from travel lane to passing lane, which prevented the police cruisers from passing it. The loader and cruisers continued south on the turnpike for about ten miles until the loader crossed over to the northbound lane and drove south into oncoming traffic.

The operator of the loader intentionally rammed a northbound car, which had pulled as far off the travel lane as possible. The collision ripped open the left side of the car; the driver had to move to the passenger?s side in order to get out of the car. By this time, the pursuit had progressed to the area of Mile 71 of the turnpike in New Gloucester. Sgt. St. Laurent, viewing the erratic operation of the loader and the intentional collision, believed that the circumstances presented an imminent threat of serious bodily injury or death. He drove his vehicle alongside the loader and fired three shots at the rear right tire in an attempt to disable the vehicle. Although none of the rounds penetrated the tire, the loader stopped, and the two juveniles surrendered without further incident. Neither boy was injured.

Both boys admitted to operating the stolen loader at different times. They destroyed 17 mailboxes in Litchfield, heavily damaged a parked car in Wales, damaged a business sign and a car and a fire hydrant in Sabattus, a police cruiser in Lewiston, and the northbound car on the Maine Turnpike. There were also several attempts to collide with other police cruisers. Each boy, charged with and adjudicated of various crimes, was remanded to the Long Creek Youth Development Center until the age of 16.

Conclusion

Attorney General Janet T. Mills concludes that at the time Sgt. St. Laurent fired his weapon at the loader, it was reasonable for him to believe that deadly force was imminently threatened against motorists northbound on the Maine Turnpike, and it was reasonable for him to believe it necessary to use deadly force ? shooting at the vehicle in an attempt to disable it ? to protect others from the imminent threat of deadly force and to attempt to end a situation dangerous to human life. The Attorney General?s conclusions are based on numerous interviews, a forensic investigation, and a review of all the evidence available from all sources. All facts lead to the conclusion that Sgt. St. Laurent acted to defend innocent motorists in the path of the loader.

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Supporting documents

St. Laurent Report New Gloucester

Attorney General Janet Mills, Public Advocate Barry Hobbins & 14 Attorneys General Oppose Elimination of Critical Low-Income Energy Assistance Programs

July 31, 2017

Attorney General Janet Mills and Maine Public Advocate Barry Hobbins today joined with 34 other attorneys general and state consumer advocate agencies to urge members of Congress to preserve and expand Low Income Home Energy Assistance Program (LIHEAP) and Weatherization Assistance Program (WAP) funding in the 2018 federal budget.

In a letter submitted to Congress today, the attorneys general and advocates conveyed the importance of LIHEAP and WAP to their states and expressed opposition to the proposed elimination or reduction of their funding within the U.S. Department of Health and Human Service?s Office of Community Services budget.

?Since 1981, LIHEAP has helped millions of vulnerable residents retain essential utility service, thereby protecting public health and safety, reducing homelessness and ensuring the stability of utility revenues. In Fiscal Year (?FY?) 2017 alone, it is expected that about 6.1 million households nationwide will receive heating and cooling assistance through LIHEAP. The Program operates in every state and the District of Columbia, as well as on most tribal reservations and U.S. territories,? the attorneys general stated in their letter.

In 2016, 32,204 households in Maine received LIHEAP benefits totaling $21,347,169. The amount of assistance received by a household is determined by the household size and income, and specific energy costs. This funding is critical to ensure that low-income households can afford their heating and cooling. The attorneys general and advocates emphasized the role both LIHEAP and WAP play in aiding low-income residents in paying for their home energy costs. Annual distributions of LIHEAP funds specifically prioritize seniors and families with small children. Seventy percent of recipient households have at least one member who is elderly or disabled, or have a child under the age of six. The attorneys general and advocates argue that without this vital assistance, many of these families would be faced with the impossible choice of opting between heating and cooling their homes, and paying for other necessities, such as food and medications.

Likewise, the Weatherization Assistance Program has served 7 million households over 40 years. The U.S. Department of Energy estimates that WAP has helped low-income households reduce their total energy expenditures by 23 percent per year, allowing participating households to allocate scarce resources for other necessities.

The attorneys general and advocates note that anticipated funding for FY 2017 does not come close to meeting the extraordinary need for either of these funds. According to the National Energy Assistance Directors? Association, only 19 percent of eligible households are expected to be served. Since 2010, congressional funding for LIHEAP has fallen by more than a third. This decrease in funding has resulted in more than one million fewer eligible households receiving critical energy assistance. The attorneys general urge Congress to restore and increase LIHEAP funding, so that fewer families are ?left out in the cold.?

?LIHEAP and WAP funds have provided a critical lifeline to customers who struggle each month to pay for life?s necessities by assisting them to remain connected to essential utility services. We strongly urge you to oppose any measure that would reduce or eliminate funding for these critical programs, and instead increase these essential and cost-effective services,? the letter concluded.

Illinois Attorney General Lisa Madigan led the coalition of attorneys general and advocates in filing today?s letter from the following states: AZ, CA, CO, CT, DC, FL, HI, IA, KS, KY, MA, ME, MD, MN, MS, MT, NH, NJ, NM, NY, OR, PA, RI, UT, VT, WA, WV, WY.

A copy of the letter can be found here.

35 Attorneys General & State Consumer Advocates Urge Congress to Expand Funding for Millions of Vulnerable Residents

Supporting documents

Letter to Congress from Attorneys General and Consumer Advocates

AG JANET MILLS JOINS LAWSUIT AGAINST TRUMP EPA FOR STALLING ACTION ON CLEAN AIR

August 1, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE CONTACT: Tim Feeley Date: August 1, 2017 Telephone: (207) 626-8887

AUGUSTA ? Attorney General Janet T. Mills today filed a lawsuit against the federal Environmental Protection Agency (EPA) and Administrator Scott Pruitt for illegally stalling the designation of areas impacted by unhealthy levels of ground-level ozone (known as smog) ? vital to protecting Americans from dangerous pollution.

According to the American Lung Association, over 115 million Americans breathe harmful levels of ozone, which often travels far distances from other states with less stringent clean air regulations. The designations, which EPA Administrator Scott Pruitt recently delayed for one year, play a key role under the Clean Air Act in addressing smog?s serious threat to public health, triggering requirements for state-specific plans and deadlines to reduce pollution in the designated areas.

Today?s suit was filed in the United States Court of Appeals for the District of Columbia Circuit by the Attorneys General of California, Connecticut, Delaware, Illinois, Iowa, Maine, Massachusetts, Minnesota, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington, and the District of Columbia.

?The people of Maine have a great deal at stake in this case,? said Attorney General Mills. ?The health of our citizens, the health of our environment and the health of our economy will be severely threatened by this unlawful delay. Maine is geographically positioned to bear the brunt of lax clean air standards from polluters to our west. I will not stand for this, or any other, President putting Midwest polluters? bottom-line ahead of the health and well-being of the people of Maine.?

The American Lung Association estimates that more than 24,000 kids and 120,000 adults in Maine suffer from asthma and another 87,000 adults have COPD.

The coalition of Attorneys General is challenging EPA Administrator Scott Pruitt?s one-year delay in designating areas with unhealthy levels of smog as violating the requirements of the Clean Air Act, and as arbitrary and capricious.

In October 2015, the EPA revised the national air quality standards for smog, strengthening those standards. The Clean Air Act requires the Agency, within two years after issuance of new or revised standards, to designate areas of the county that are in ?attainment? or ?non-attainment? with these public health and welfare standards. In the case of the 2015 smog standards, EPA was required to issue attainment or non-attainment designations by October 1, 2017. However, on June 28, 2017, EPA Administrator Pruitt published a notice stalling the deadline for the smog designations for all areas in the country for one year ? to October 1, 2018.

The designation of areas for national air quality standards is a key statutory obligation under the Clean Air Act ? and for protecting the public?s health. For areas designated as in non-attainment for the standards, states must adopt ?implementation plans? ? a collection of actions that the state will undertake to reduce pollution in order to ensure standards will be met in those areas. The deadlines for submitting implementation plans ? and for ensuring that air quality standards are met within designated areas ? are both directly keyed to the date of EPA designations.

According to EPA, the 2015 updated smog standards will improve public health protection ? particularly for at-risk groups, including children, older adults, people of all ages who have lung diseases such as asthma, and people who are active outdoors, especially outdoor workers. In fact, the Agency conservatively estimated that meeting the new smog standards would result in net annual public health benefits of up to $4.5 billion starting in 2025 (not including California), while also preventing approximately: ? 316 to 660 premature deaths; ? 230,000 asthma attacks in children; ? 160,000 missed school days; ? 28,000 missed work days; ? 630 asthma-related emergency room visits; and ? 340 cases of acute bronchitis in children.

Smog forms when nitrogen oxides, volatile organic compounds, and carbon monoxide emitted from power plants, motor vehicles, factories, refineries, and other sources react under suitable conditions. Because these reactions occur in the atmosphere, smog can form far from where its precursor gases are emitted and, once formed, smog can travel far distances. That is why, despite enacting stringent in-state controls on sources of these pollutants, many states ? including Maine ? are not, alone, able to meet federal health-based air quality standards for smog.

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16 Attorneys General Challenge EPA?s Illegal One-Year Delay in Protecting Public?s Health from Dangerous Smog Pollution

Supporting documents

Ozone Lawsuit 8-1-2017

Attorney General Mills calls on Congress to Amend Sex Trafficking Law

August 16, 2017

AUGUSTA ? Attorney General Janet T. Mills joined 49 other state and territorial attorneys general in a bi-partisan coalition urging Congress to affirm that all law-enforcement agencies retain their traditional authority to fight sex trafficking. In a letter to Congress, the attorneys general ask representatives to amend the Communications Decency Act (CDA) to clarify that states, localities and territories retain authority to investigate and prosecute facilitators of child sex trafficking wherever they operate, including online. The simple word addition to the CDA proposed in this letter will help to ensure that citizens and children are effectively protected throughout the entire country, in all courts.

?The Maine Attorney General?s Office is working to address human trafficking in Maine by hosting a working group that brings together a multi-disciplinary collection of partners to identify victims and hold traffickers accountable,? said Attorney General Mills. ?State and local law enforcement are on the front lines of this effort. We need congress to ensure they have all the tools available to them fight this terrible crime.?

?Federal enforcement alone has proved insufficient to stem the growth in online promotion of child sex trafficking. Those on the front lines of the battle against the sexual exploitation of children ? state and local law enforcement ? must have clear authority to investigate and prosecute facilitators of these and other horrible crimes,? reads the letter.

The intention of the CDA is to protect children from indecent material online. It was never was intended to place facilitators of child sex trafficking outside the reach of law enforcement. However, according to the attorneys general, the CDA is being used as a shield by those who profit from prostitution and crimes against children. In some cases, courts have interpreted certain provisions of the CDA to provide immunity from state prosecution to online classified ad sites, such as Backpage.com, that promote and profit from human trafficking.

?It is both ironic and tragic that the CDA, which was intended to protect children from indecent material on the Internet, is now used as a shield by those who profit from prostitution and crimes against children,? the attorneys general wrote.

Maine AG and 49 other attorneys general urge congress to affirm state law enforcement?s authority to fight sex trafficking

Supporting documents

CDA Final Letter

Attorney General Mills announces settlement with maker of EpiPen for overbilling taxpayers

August 18, 2017

AUGUSTA ? Attorney General Janet T. Mills announced today that Maine has agreed in principle to join the United States and other States to settle allegations against Mylan Inc. and its wholly-owned subsidiary, Mylan Specialty L.P. (collectively ?Mylan?). The settlement will resolve allegations that Mylan knowingly underpaid rebates owed to the Medicaid program for the drugs EpiPen? and EpiPen Jr.? (?EpiPen?) dispensed to Medicaid beneficiaries. Under the settlement, Mylan will pay $465 million to the United States and the States. The States will share $213,936,000 of the total settlement. As part of the settlement the State of Maine will receive approximately $950,000 in restitution to MaineCare and other recovery.

?We contend that Mylan?s conduct with respect to the lifesaving Epi-Pen is unconscionable and a violation of federal law,? said Attorney General Mills. ?We will continue to take action to protect consumers and the Maine taxpayers who are footing the bill for these very high priced drugs.?

Mylan Inc. is a Pennsylvania corporation that manufactures, markets and sells pharmaceuticals through its wholly-owned subsidiaries. Mylan Specialty is a Delaware limited partnership with its principal place of business in Morgantown, West Virginia. Mylan Specialty owns the exclusive rights to sell EpiPen in the United States and owns to the New Drug Codes (?NDCs?) for EpiPen.

The Medicaid Drug Rebate Statute was enacted by Congress in 1990 as a cost containment measure for Medicaid?s payment for outpatient drugs. That statute requires participating pharmaceutical manufacturers or NDC holders, such as Mylan, to sign a Rebate Agreement with the Secretary of the United States Department of Health and Human Services as a precondition for obtaining Medicaid coverage for their drugs and to pay quarterly rebates to State Medicaid programs for drugs dispensed to Medicaid beneficiaries. NDC holders are required to provide information to CMS concerning their covered drugs. In particular, they have to advise CMS regarding the classification of a covered drug as an ?innovator? or ?noninnovator? drug, as the amount of rebates owed varies depending on the drug?s classification. The amount of the rebate also depends on pricing information provided by the manufacturer. For drugs classified as ?innovator? drugs, NDC holders must report their ?Best Price,? or the lowest price for which it sold a covered drug in a particular quarter.

Specifically, this settlement resolves allegations that from July 29, 2010 to March 31, 2017, Mylan submitted false statements to the Centers for Medicare and Medicaid Services (?CMS?) that incorrectly classified EpiPen as a ?noninnovator multiple source? drug, as opposed to a ?single source? or ?innovator multiple source? drug, as those terms are defined in the Rebate Statute and Rebate Agreement. Mylan also did not report a Best Price to CMS for EpiPen, as that term is defined in the Rebate Statute and Agreement, which it was required to do for all ?single source? and ?innovator multiple source? drugs. As a result, Mylan submitted or caused to be submitted false statements to CMS and/or the States relating to EpiPen for Medicaid rebate purposes, and underpaid its EpiPen rebates to the State Medicaid Programs.

Mylan?s settlement with the United States also resolves allegations that Mylan Specialty overcharged certain entities (known as the ?340B Covered Entities?) that participated in the 340B Drug Pricing Program, 42 U.S.C. ? 256b.

The investigation stemmed from two qui tam actions, United States ex rel. sanofi-aventis US LLC v. Mylan Inc., et al. (No. 16-cv-11572-ADB), and United States ex rel. Ven-A-Care of the Florida Keys, Inc. v. Mylan Inc., et al. (No. 17-10140-ADB), pending in the United States District Court for the District of Massachusetts. The qui tam actions alleged claims under the federal False Claims Act and various state false claims statutes that Mylan underpaid its rebate allegations to the States.

A National Association of Medicaid Fraud Control Units (?NAMFCU?) Team participated in the settlement negotiations with Mylan on behalf of the states.

This action is separate from another lawsuit Maine filed against Mylan in December 2016 for alleged price fixing for a certain diabetes medication and an antibiotic. That action is still pending.

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States and Federal Government agree to settle allegations of overbilling Medicaid for $465 million recoupment with Mylan

Attorney General Mills announces three more supplement dealers settle claims of false and misleading sales

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE CONTACT: Andrew Roth-Wells Date: August 23, 2017 Telephone: (207) 626-8887

Attorney General Mills announces three more supplement dealers settle claims of false and misleading sales

Maine and the Federal Trade Commission partnered to crack down on sellers of supplements that made false and deceptive claims about their products and used deceptive business practices to fleece consumers if they sought a refund.

AUGUSTA ? Maine Attorney General Janet T. Mills today announced that the last three supplement marketers have now settled the complaint her office and the Federal Trade Commission filed against nine defendants in February 2017. The federal court complaint alleged that three corporations and six individuals conducted a deceptive campaign to sell a joint health supplement and a cognitive health supplement in violation of state and federal laws.

The defendants marketed and sold two products: ?Flexiprin? for joint health and ?Cogniprin? for memory improvement. The complaint alleged that the defendants employed unfair and deceptive practices in advertising, marketing, distributing, and selling FlexiPrin and CogniPrin. The defendants sold these products directly to consumers, primarily through radio and print advertising nationwide and in Canada, and they grossed in excess of $6.5 million in sales from January 1, 2012 through April 30, 2015.

The settlements with the remaining three defendants - Synergixx, LLC, an ad agency, its principal, Charlie R. Fusco, and collaborator Ronald Jahner - include proposed consent orders which will bar them from using the kind of advertising and marketing practices that financially harmed consumers in Maine, across the country, and in Canada.

The complaint filed by Maine and the FTC alleges that Synergixx and Fusco, in collaboration with other defendants, created ads falsely promoting Flexiprin and Cogniprin as proven to relieve joint pain and cognitive problems. The complaint alleges that the ads were deceptive and featured Jahner as an objective medical expert without disclosing that he was paid a percentage of sales of the products.

Maine and the FTC further allege in the complaint that Synergixx and Fusco created and used inbound sales call scripts which deceptively claimed that consumers could try the supplements "risk-free," while failing to disclose auto-ship continuity programs triggered by shorter-than-advertised trial periods, and promoted an unconditional money-back guarantee when in fact consumers often could not get their money back due to undisclosed conditions.

?I?m gratified that the last three of these nine defendants are being held accountable for these deceptive practices. The defendants led people to believe they were receiving reliable, medically tested products for serious health issues such as memory loss and joint pain,? said Attorney General Janet T. Mills. ?The defendants? took advantage of people at their most vulnerable and made it almost impossible to for people to get their money back when the products proved to be ineffective. The settlements will bar these entities and their principals from such conduct. We appreciate the assistance and cooperation of the FTC in bringing this campaign of deception to an end.?

The proposed consent orders, which require the federal District Court's approval, will settle the claims against Synergixx, Fusco, and Jahner. Among other things, the orders require the defendants to have competent and reliable scientific evidence to make health-related claims, bar them from making false or deceptive health claims, prohibit misrepresenting whether a product is proven to work, and require more disclosures about experts' financial connections, continuity programs, refund policies, and upsell conditions. The proposed order against Synergixx and Fusco imposes a monetary judgment of $6.5 million, representing total consumer purchases of Flexiprin and Cogniprin, suspended on condition of compliance with the order.

Maine and the FTC filed the complaint and the proposed Orders in the federal court for the District of Maine. These stipulated final Orders will have the force of law when approved and signed by a judge.

The complaint can be viewed here: https://www.ftc.gov/system/files/documents/cases/1523024xxlimpressions_complaint.pdf

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Supporting documents

XXL complaint

Attorney General Mills announces three more supplement dealers settle claims of false and misleading sales

August 23, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE CONTACT: Andrew Roth-Wells Date: August 23, 2017 Telephone: (207) 626-8887

Attorney General Mills announces three more supplement dealers settle claims of false and misleading sales

Maine and the Federal Trade Commission partnered to crack down on sellers of supplements that made false and deceptive claims about their products and used deceptive business practices to fleece consumers if they sought a refund.

AUGUSTA ? Maine Attorney General Janet T. Mills today announced that the last three supplement marketers have now settled the complaint her office and the Federal Trade Commission filed against nine defendants in February 2017. The federal court complaint alleged that three corporations and six individuals conducted a deceptive campaign to sell a joint health supplement and a cognitive health supplement in violation of state and federal laws.

The defendants marketed and sold two products: ?Flexiprin? for joint health and ?Cogniprin? for memory improvement. The complaint alleged that the defendants employed unfair and deceptive practices in advertising, marketing, distributing, and selling FlexiPrin and CogniPrin. The defendants sold these products directly to consumers, primarily through radio and print advertising nationwide and in Canada, and they grossed in excess of $6.5 million in sales from January 1, 2012 through April 30, 2015.

The settlements with the remaining three defendants - Synergixx, LLC, an ad agency, its principal, Charlie R. Fusco, and collaborator Ronald Jahner - include proposed consent orders which will bar them from using the kind of advertising and marketing practices that financially harmed consumers in Maine, across the country, and in Canada.

The complaint filed by Maine and the FTC alleges that Synergixx and Fusco, in collaboration with other defendants, created ads falsely promoting Flexiprin and Cogniprin as proven to relieve joint pain and cognitive problems. The complaint alleges that the ads were deceptive and featured Jahner as an objective medical expert without disclosing that he was paid a percentage of sales of the products.

Maine and the FTC further allege in the complaint that Synergixx and Fusco created and used inbound sales call scripts which deceptively claimed that consumers could try the supplements "risk-free," while failing to disclose auto-ship continuity programs triggered by shorter-than-advertised trial periods, and promoted an unconditional money-back guarantee when in fact consumers often could not get their money back due to undisclosed conditions.

?I?m gratified that the last three of these nine defendants are being held accountable for these deceptive practices. The defendants led people to believe they were receiving reliable, medically tested products for serious health issues such as memory loss and joint pain,? said Attorney General Janet T. Mills. ?The defendants? took advantage of people at their most vulnerable and made it almost impossible to for people to get their money back when the products proved to be ineffective. The settlements will bar these entities and their principals from such conduct. We appreciate the assistance and cooperation of the FTC in bringing this campaign of deception to an end.?

The proposed consent orders, which require the federal District Court's approval, will settle the claims against Synergixx, Fusco, and Jahner. Among other things, the orders require the defendants to have competent and reliable scientific evidence to make health-related claims, bar them from making false or deceptive health claims, prohibit misrepresenting whether a product is proven to work, and require more disclosures about experts' financial connections, continuity programs, refund policies, and upsell conditions. The proposed order against Synergixx and Fusco imposes a monetary judgment of $6.5 million, representing total consumer purchases of Flexiprin and Cogniprin, suspended on condition of compliance with the order.

Maine and the FTC filed the complaint and the proposed Orders in the federal court for the District of Maine. These stipulated final Orders will have the force of law when approved and signed by a judge.

The complaint can be viewed here: https://www.ftc.gov/system/files/documents/cases/1523024xxlimpressions_complaint.pdf

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Supporting documents

XXL complaint

Maine Attorney General Janet T. Mills offers advice about helping victims of Hurricane Harvey

August 29, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
Date: August 29, 2017 CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Maine Attorney General Janet T. Mills offers advice about helping victims of Hurricane Harvey

Mills warns consumers to avoid giving to potentially fraudulent websites

AUGUSTA ? Maine Attorney General Janet T. Mills advised Mainers to choose wisely in sending funds to agencies to help the families and communities suffering from the extreme weather produced by Hurricane Harvey in Texas this week.

?A natural disaster brings out the best us, and people around the world offer whatever we can to aid victims like those down in Texas this week,? said Mills. ?Unfortunately, it also sometimes brings out people who take advantage of our good nature and provide no help to those in need.?

AG Mills warned against giving money to organizations that are unfamiliar or not recommended by her office or other official sources. AG Mills shared a list of those organizations that are considered reliable

?If consumers have any questions or complaints about a particular organization I encourage them to call our Consumer Protection Division at 1-800-436-2131.?

Other sources for guidance related to charitable giving can be found at the links below for the Maine Attorney General, the Texas Attorney General, and the Federal Trade Commission.

http://www.maine.gov/ag/consumer/charities/index.shtml

https://www.texasattorneygeneral.gov/cpd/charities-nonprofits-registration-filings

https://www.ftc.gov/news-events/press-releases/2017/08/ftc-advice-helping-hurricane-harvey-victims

The American Red Cross is encouraging people to donate money on its website, www.redcross.org, or text REDCROSS to 90999 to donate $10. Apple is also accepting Red Cross donations via iTunes and the Apple App Store.

The Red Cross is also seeking blood. Upcoming blood drives in southern Maine:

Tuesday, Wednesday, Thursday and Friday at:

Portland Blood Donation Center 524 Forest Ave., Portland

Thursday at: Maine Mall, 364 Maine Mall Road South Portland

AG Mills added that she plans on donating blood in the coming days.

Americares, an emergency response organization based in Connecticut, is delivering emergency medicine and relief supplies and working with a local clinic in Houston. Make a donation at americares.org.

United Way Worldwide has a relief fund to provide shelter and basic needs, as well as long-term recovery efforts. Donate at https://www.unitedway.org/.

The Salvation Army is accepting donations for hurricane relief at give.salvationarmyusa.org.

To help pets stranded by Hurricane Harvey, donations are being accepted by the Humane Society of the United States at http://www.humanesociety.org/.

For volunteer opportunities or other places to donate, check with National Voluntary Organizations Active in Disaster, at nvoad.org. ###

Maine Attorney General Janet Mills joins $3.5M multistate settlement with Lenovo

September 5, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE Date: September 5, 2017
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Maine Attorney General Janet Mills joins $3.5M multistate settlement with Lenovo

Lenovo is alleged to have installed hacker-vulnerable software on laptop computers sold to consumers

AUGUSTA ? Attorney General Janet Mills today announced that Maine has joined 31 other states in a settlement with technology company Lenovo Inc. to resolve allegations that the company violated state consumer protection laws by pre-installing software on laptop computers sold to Maine consumers that made consumers' personal information vulnerable to hackers. The settlement was negotiated and finalized in coordination with the Federal Trade Commission.

In August 2014, North Carolina-based Lenovo began selling certain laptop computers that contained pre-installed ad software called VisualDiscovery, created by the company Superfish, Inc. VisualDiscovery purportedly operated as a shopping assistant by delivering pop-up ads to consumers of similar looking products sold by Superfish retail partners whenever a customer's mouse hovered over the image of a product on a shopping web site. The states claimed that VisualDiscovery displayed a one-time pop-up window the first time consumers visited a shopping website and that unless consumers affirmatively opted out, VisualDiscovery would be enabled on their computers.

The states alleged that VisualDiscovery acted as a local proxy, or "man in the middle," that stood between the consumer's browser and all Internet web sites the user visited, including encrypted sites. This technique allowed the software to see a user's sensitive personal information transmitted on the Internet. Consumer information, including sensitive communications with encrypted web sites, would be collected and transmitted to Superfish, the states alleged.

The states alleged that Visual Discovery created a security vulnerability that made consumers' information susceptible to hackers in some situations. The states allege that Lenovo's failure to disclose the presence of VisualDiscovery on its computers, its failure to warn consumers that the software created a security vulnerability and its inadequate opt-out procedure violated state unfair trade practice laws.

Lenovo stopped shipping laptops with preinstalled VisualDiscovery in February 2015, though the states alleged that some laptops with the software were being sold by various retail outlets as late as June 2015.

?Almost everyone uses a computer at work, at school or at home,? said Mills. ?Consumers should not have to worry that the very computer they purchase may make them vulnerable to hacking, and no company should be selling products with hidden charges or difficult opt-out options.?

In addition to a small monetary payment, the settlement will require Lenovo to change its consumer disclosures about pre-installed advertising software, to require a consumer's affirmative consent to using the software on their device and to provide a reasonable and effective means for consumers to opt-out, disable or remove the software.

Lenovo will also be required to implement and maintain a software security compliance program and to obtain regular assessments for the next 20 years from a qualified, independent, third-party professional to certify the effectiveness of the security compliance program.

The settlement will be final when approved by the court.

Please click here to view a copy of the complaint and the settlement document.

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Supporting documents

Lenovo complaint

Lenovo settlement

Attorney General Janet Mills urges support for ?Dreamers?

September 5, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells Date: September 5, 2017 Telephone: (207) 626-8887

Attorney General Janet Mills urges support for ?Dreamers?

Mills joins bipartisan outcry opposing Trump Administration?s announcement that they will end the Deferred Action for Childhood Arrivals Program

AUGUSTA ? Maine Attorney General Janet Mills condemned efforts by the Trump Administration to end the Deferred Action for Childhood Arrivals Program (DACA). Mills joined a bipartisan outcry of public officials, business owners, and community leaders across the nation in decrying today?s announcement by U.S. Attorney General Jeff Sessions that the Trump Administration will accept no new applications from children of immigrant families and will end the program entirely in 6 months.

?The several hundred young people in Maine who will be directly impacted by this action are working and paying taxes to the state,? said Mills. ?They are serving in our military and defending our country, volunteering in our communities, attending our schools and contributing to our economy. The idea that these are the people the current administration wants to remove from the only country they?ve ever know is despicable.?

Since 2012, nearly 800,000 young immigrants who were brought to this country as children have been granted DACA status after completing applications, passing a background check, and applying for a work permit. Many of these young adults who have been granted DACA status, are soldiers, college graduates, nurses and first responders.

In July Mills joined 19 other Attorney Generals in a letter to President Trump urging him to maintain DACA.

According to U.S. Citizenship and Immigration Services, more than 400 hundred individuals have been approved under DACA in Maine and nearly all of them are gainfully employed. If DACA is rescinded, Maine stands to lose an estimated $4 million in our annual gross domestic product.

?At this time when hundreds of employers are struggling to hire workers and keep their businesses open, DACA is important to our state?s economy as well as being a basic humanitarian measure.?

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Supporting documents

AG letter re: DACA

DACA applications

Drug overdose deaths keep steady pace through first six months of 2017 with 185 deaths recorded through the end of June

September 6, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE CONTACT: Andrew Roth-Wells Date: September 6, 2017 Telephone: (207) 626-8887

Drug overdose deaths keep steady pace through first six months of 2017 with 185 deaths recorded through the end of June

Overdose deaths are slightly less compared to 2016, but fentanyl use continues to rise

AUGUSTA ? Maine?s rate of drug overdose deaths is keeping pace with last year. Through the first six months of 2017 the Office of the Chief Medical Examiner recorded 185 deaths attributable to drug overdose, according to Dr. Marcella Sorg of the Margaret Chase Smith Policy Center who analyzes overdose deaths for the Office of the Attorney General. Doubled, that would be 370 compared to 376 in 2016, or more than one drug overdose a day.

The number of deaths represents a slight decrease from the 193 overdose deaths in the first half of 2016, which represented a 50% increase over the year before. However, the presence of fentanyl and fentanyl analogs continues to grow. Fentanyl is an illicitly manufactured drug that is many times more lethal than morphine; it caused 61% of the deaths between January and June 2017. Fentanyl is often mixed with heroin or presented to the user as heroin.

Pharmaceutical opioids caused 30% of the deaths, a slight decrease from last year but still a disturbing factor in these overdose deaths. Prescription opioids and illicit opioids are often found together in a fatal cocktail of drugs.

In a little over a third of opioid deaths the victims received Naloxone: 34% of all drug deaths and 38% of opioid deaths. In 2016 only 25% of all drug deaths received Naloxone. The inability to give Naloxone quickly is the most common reason why it is sometimes ineffective, but these numbers suggest that more and more first responders and families have access to it and are administering it when needed.

Attorney General Janet Mills has distributed Naloxone to nearly 60 law enforcement agencies across the state, starting in June of 2016. Over 2300 doses have been distributed, with 241successful applications.

?The opioid epidemic continues to devastate our communities, both rural and urban, all across Maine,? Attorney General Janet T. Mills noted. ?As public officials, first responders, and community leaders we must direct resources to real solutions. We must continue to work together to attack this problem, particularly with treatment, prevention and education. It is the greatest challenge of our time.?

?Using any of these drugs, alone or in combination, is playing with fire,? Mills observed. She called for prescribers to further limit their opiate prescribing practices and for more physicians to become Suboxone prescribers. ?The need is great,? Mills stated, ?the need is now.?

Attorney General Janet Mills has sponsored a series of public education TV and radio ads and has launched a website, www.doseofrealitymaine.org to share information about the safe handling and disposal of prescription painkillers, which are too often are abused and lead to addiction.

OVERVIEW OF 2017, JANUARY-JUNE OVERDOSE DATA

? Most (79%) drug deaths were caused by two or more drugs. The average cause of death involved 3 drugs. ? The vast majority of overdoses (84%) were caused by at least one opioid, including both pharmaceutical and illicit (non-pharmaceutical) opioid drugs. ? Fentanyl (and/or its analogs) caused 61% of deaths, alone or in combination with other drugs, up from 52% in 2016.
? Heroin caused 22% of deaths, alone or in combination with other drugs, down from 32% in 2016. ? Cocaine or crack caused 18% of deaths, alone or in combination with other drugs, up slightly from 16% in 2016. ? Pharmaceutical opioid deaths caused 30% of deaths, alone or in combination with other drugs, down slightly from 33% in 2016.

This six-month analysis was conducted for the Office of the Attorney General by Dr. Marcella Sorg of the University of Maine, Margaret Chase Smith Center.

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Supporting documents

mid year overdose report 2017

Attorney General Janet Mills announces complaint filed against Jesse James Taylor

September 14, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
Date: September 14, 2017
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills announces complaint filed against Jesse James Taylor Taylor accused of harassing workers at Sisters Gourmet Deli in Portland

AUGUSTA ?Attorney General Janet Mills announced today that her office has filed a complaint under the Maine Civil Rights Act against Jesse James Taylor, age 36, in the Superior Court in Portland.

According to the State?s complaint, on July 29, 2017, Taylor threatened the employees of Sisters Gourmet Deli in Portland with violence based on his bias against their sex and/or sexual orientation. The State is requesting an order barring Taylor from having contact with the owner or employees of Sisters Gourmet Deli; from coming into the Deli or onto Monument Square, where the Deli is located; and from violating the Maine Civil Rights Act in the future.

The complaint alleges that Taylor came into the restaurant and asked one of the four female employees if she had ?any weed.? When the employee responded in the negative, Taylor accused the female employees of thinking ?you are better workers than a hard-working man.? He went on to yell anti-gay epithets at the female employees and threatened that they were ?going to burn in hell? and they were ?going to die.? He said, ?I know your faces.? He continued to threaten and harass the female staff until two male passersby were summoned to the Deli and asked him to leave the premises.

Attorney General Janet Mills said: ?No one should be subject to bias-motivated threats of violence at the workplace or elsewhere. My office is bringing this action to protect the female staff of Sisters Gourmet Deli from Taylor?s threats of harm based on his apparent bias against women, especially women who he perceives to be gay.?

AG Mills also expressed her thanks to the Portland Police Department for their investigation of this case.

The Maine Civil Rights Act authorizes the Attorney General to bring an action against any person who uses violence or the threat of violence based on his bias against the victim?s race, color, religion, sex, ancestry, national origin, physical or mental disability or sexual orientation.

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Attorney General Janet Mills joined the University of Maine System in announcing the expansion of the Peer to Peer financial literacy program

September 14, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
Date: September 14, 2017
CONTACT: Andrew Roth-Wells
Telephone: (207) 626-8887

Attorney General Janet Mills joined the University of Maine System in announcing the expansion of the Peer to Peer financial literacy program

AG Mills excited to see successful UMF program spread throughout the state

AUGUSTA ? Attorney General Janet Mills joined the University of Maine System in announcing the expansion of UMF?s Peer-to-Peer Financial Literacy Program to the other universities in the system with the goal of working in partnership with Maine?s community colleges and local schools.

AG Mills was pleased to contribute $900,000 from the settlement her office achieved in the watershed litigation against Wall Street giant Standard & Poor?s for its part in causing the recession and housing crisis of 2008.

In accordance with the agreement AG Mills reached with the legislature a year ago, all four legislative leaders agreed to the distribution of the remaining settlement funds.

?Today we have a student debt crisis,? AG Mills stated, ?and this financial burden is preventing Maine graduates from achieving their best potential, reducing debt, buying homes and supporting young families in our state.?

Nationally, student debt has surpassed credit card debt, reaching $1.4 trillion last year. Maine has the 14th highest average debt for graduates in the nation at $30,000.

The program started as a pilot project at UMF in 2013 by training students to help their fellow students understand their own finances and how to make responsible choices now and avoid problems with debt in the future. The small group of students reached more than 1,000 students with assistance and information. They also exchanged information and resources to staff at Maine?s secondary schools.

The announcement released today by the University of Maine System states that the expansion is planned over a five-year period with the goal of training students as Peer Financial Educators and, when fully implemented, they will do further outreach to middle and high school and community college students.

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AG Mills asks Equifax to disable fee-based monitoring services and to reimburse fees for security freezes

September 15, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells
Telephone: (207) 626-8887

AG Mills asks Equifax to disable fee-based monitoring services and to reimburse fees for security freezes

AUGUSTA ??Attorney General Janet T. Mills joined a bipartisan group of attorneys general in writing to request Equifax remove links to its fee based credit marketing service and offer only free credit checks, in the wake of the massive data breach impacting 143 million people.

The Maine office of the Attorney General began investigating Equifax on September 8, 2017, when the firm announced that 143 million consumers, including over 500,000 in Maine, were exposed to potential identity theft through a data breach. Equifax is offering free credit monitoring services in response to the breach, but the attorneys general object to Equifax "seemingly using its own data breach as an opportunity to sell services to breach victims," they wrote.

"We believe continuing to offer consumers a fee-based service in addition to Equifax's free monitoring services will serve to only confuse consumers who are already struggling to make decisions on how to best protect themselves in the wake of this massive breach," the attorneys general wrote. "Selling a fee-based product that competes with Equifax's own free offer of credit monitoring services to victims of Equifax's own data breach is unfair, particularly if consumers are not sure if their information was compromised."

The attorneys general also said that, although Equifax has agreed to waive credit freeze fees, for those who would otherwise be subject to them, the other two credit bureaus, Experian and Transunion, continue to charge fees for security freezes in states were such charges are allowed. The attorneys general said that Equifax should be taking steps to reimburse consumers who incur these fees to completely freeze their credit.

"Hundreds of consumers are calling my Consumer Protection Division and the Maine Bureau of Consumer Credit Protection frustrated and confused after calling Equifax to protect themselves,? said Mills. ?Through no fault of their own they are being exposed to identity theft. They shouldn?t have to pay the company at fault to freeze their credit or get protection. Thankfully Maine law prohibits charging consumers for credit freezes.?

Maine consumers have the right to place a free file freeze on their credit reports with each of the three major credit reporting agencies: Equifax, Experian and Trans Union. You can also freeze your credit report files by visiting the credit reporting agencies? secure websites, or by making your request in writing to each agency. Maine consumers who are charged for file freezes by any credit reporting agency are encouraged to contact the Attorney General?s Consumer Protection Division (consumer.mediation@maine.gov/ 207-626-8849 or toll-free at 1-800-436-2131) and the Maine Bureau of Consumer Credit Protection (1-800-DEBT-LAW or 1-800-332-8529).

?Maine and numerous other states commenced investigations into Equifax last Friday,? stated Mills. ?We are going to get to the bottom of the who, what and why of the enormous leak of private information from one of the nation's largest credit agencies. We are intent on helping Maine citizens protect their privacy and their personal financial information.?

Supporting documents

AG letter to Equifax

Attorney General Janet Mills Joins 37 States, Territories in Fight against Opioid Incentives

September 18, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills Joins 37 States, Territories in Fight against Opioid Incentives

AUGUSTA ? Attorney General Janet Mills joined a coalition of 37 states and territories urging health insurance companies to examine the financial incentives that contribute to the opioid epidemic in Maine and across the nation.

The bipartisan coalition announced Monday a two-step strategy to identify problematic policies and to increase the use of non-opioid alternatives for treatment of chronic non-cancer pain.

?Last year Maine enacted a law limiting opioid prescriptions and that law is beginning to have a positive impact,? said Mills. ?Now health insurers need to reduce any financial incentives to prescribing these addicting narcotics and offer greater coverage for alternative therapies.?

Maine had the highest rate in the nation of prescriptions issued for long-term, extended-release opioids, according to a 2014 report by the U.S. Centers for Disease Control and Prevention. Since then the numbers have decreased but Maine is still seeing an average of almost one drug overdose death each day. The CDC estimates 75 percent of patients that abuse heroin started with prescription medications

Describing the opioid epidemic as ?the preeminent public health crisis of our time,? the 37 attorneys general wrote to the insurance providers? industry trade group, America?s Health Insurance Plans, urging insurers to review their coverage and payment policies as the starting point for focusing on incentive structures across the insurance industry.

The attorneys general noted that they have witnessed firsthand the devastation the opioid epidemic has wrought on their states in lives lost and costs imposed on the healthcare system and on the broader economy. ?As the chief legal officers of our States, we are committed to using all tools at our disposal to combat this epidemic and to protect patients suffering from chronic pain or addiction.?

The attorneys general contend that incentives that promote use of non-opioid therapies will encourage medical providers to consider physical therapy, acupuncture, massage, chiropractic care and non-opioid medications, instead of narcotic drugs.

Increased reliance on these alternatives will combat a significant factor contributing to the epidemic ? the over-prescription of opioid painkillers. The letter notes the number of opioid prescriptions have quadrupled since 1999.

Other attorneys general signing the letter are Arizona, Arkansas, California, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, West Virginia and Wisconsin.

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Supporting documents

AG letter to health insurers

Attorney General Janet Mills demands documents from opioid manufacturers and distributors

September 19, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE CONTACT: Andrew Roth-Wells DATE: September 19, 2017 TELEPHONE: (207) 626-8887

Attorney General Janet Mills demands documents from opioid manufacturers and distributors

Mills and bipartisan Attorneys General across the United States serve investigative subpoenas for information about marketing and sales of opioids

AUGUSTA ? Attorney General Janet Mills confirmed today that a bipartisan coalition of Attorneys General is demanding the production of additional documents and information from manufacturers and distributors of prescription opioids as part of multistate investigations into the nationwide opioid epidemic. These requests for information are part of the ongoing investigation by a large bipartisan group of the states? chief law enforcement officers to determine whether manufacturers and distributors engaged in unlawful practices in the marketing, sale, and distribution of opioids. Forty-one Attorneys General are participating in the investigation.

Nationwide and in Maine, opioids?prescription and illicit?are the main-driver of substance abuse disorders and drug overdose deaths. Drug overdose deaths in Maine increased by 40 percent between 2015 and 2016. Last year saw 376 drug overdose deaths in Maine, and there have been 185 confirmed drug overdose deaths in the first six months of 2017, or one overdose death a day. Opioid overdoses nationally have quadrupled since 1999, according to the Centers for Disease Control and Prevention.

In an effort to stem the tide of drug overdose deaths, Attorney General Mills has distributed Naloxone (Narcan) to 60 law enforcement agencies across the state over the last 15 months, with 255 successful applications. The Office of the Attorney General is now distributing Narcan to county jails as well since legislation went into effect in June of 2017 allowing this distribution. More than 2,400 doses of Narcan have been distributed.

?If 376 baby seals washed up dead on the shores of Cape Elizabeth,? Mills stated, ?we would be marching in the streets, demanding to know how to stop the devastation. Instead, these are our citizens, members of our community, and we must use every tool in the toolbox to stem this epidemic of human addiction and death,? said Attorney General Mills. ?Pharmaceutical opioids should never have been marketed without a clear warning of the substantial danger of addiction. Instead, it appears that manufacturers assured prescribers that these pills were not habit-forming. The result has been devastating to Maine families and communities.?

The Attorneys General served investigative subpoenas for documents and information, also known as Civil Investigative Demands, on a variety of manufacturers and distributors and related entities to try to get to the bottom of these marketing and distributing practices.

The Attorneys General are using these investigative tools to determine what role the opioid manufacturers and distributors played in creating or prolonging this epidemic and to determine the appropriate course of action to help resolve the current crisis.

Attorney General Mills is also sponsoring a public education campaign entitled ?Dose of Reality? to remind all Mainers that painkillers can be deadly, that sharing prescriptions is dangerous and that pills should be properly stored and disposed of as soon as they are no longer necessary. For more information on the Dose of Reality Campaign, see: http://doseofrealitymaine.org/

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Attorney General Janet Mills and Secretary of State Matthew Dunlap offer resources on damaged vehicles

September 20, 2017

OFFICE OF THE ATTORNEY GENERAL AND OFFICE OF THE SECRETARY OF STATE

FOR IMMEDIATE RELEASE

Attorney General Janet Mills and Secretary of State Matthew Dunlap offer resources on damaged vehicles

Mills and Dunlap inform consumers how to check vehicle history to avoid flood damage

AUGUSTA ? In light of the anticipated high volume of flood-damaged automobiles in the aftermath of Hurricanes Harvey and Irma, Maine Attorney General Janet Mills and Maine Secretary of State Matthew Dunlap recommend that consumers inform themselves about their rights before purchasing a used vehicle.

After past hurricane events, authorities reported truckloads of flooded vehicles being taken out of the impact zone where they were dried out, cleaned and readied for sale to unsuspecting consumers in states that do not brand flood vehicles. It is estimated that due to Hurricane Harvey and Hurricane Irma, as many as 1 million flood-damaged automobiles could be passed on to unsuspecting buyers in the coming weeks and months.

?We encourage prospective purchasers to be aware of their rights and the resources available to them from Maine and the federal government,? said Attorney General Mills. ?The Office of the Attorney General and the Secretary of State?s Office both fight to protect consumers from unscrupulous business practices and offer resources for consumers to access before buying a vehicle.?

The Maine Office of the Attorney General has consumer information available specific to purchasing new and used vehicles in Maine. Consumers can also utilize the Attorney General?s Consumer Mediation Service by calling 1-800-436-2131 or e-mailing consumer.mediation@maine.gov.

Maine also fully participates in the National Motor Vehicle Title Information System (NMVTIS), an online system used to verify and exchange vehicle history data among DMVs, law enforcement, prospective purchasers and insurance carriers. The system allows consumers to guard against title fraud and unsafe vehicle purchases, and to prevent stolen vehicles from being resold. The Bureau of Motor Vehicle uses NMVTIS to check if a vehicle has been reported stolen, or if it has been identified as a "junk" or "salvage" vehicle.

The floods caused by or associated with these hurricanes have resulted in severe water damage to thousands of vehicles that can make electrical systems and airbag sensors prone to failure. By capturing into one system specific information from multiple entities such as state motor vehicle departments, insurance carriers, salvage auto auctions, automobile recyclers, and junk and salvage yards, NMVTIS offers states and consumers protection from title fraud and potentially unsafe vehicles.

The Maine Bureau of Motor Vehicles is committed to protecting the public from motor vehicle crimes through its Office of Investigations, a law enforcement unit that handles an average of 4,000 cases a year, including title fraud, automobile theft, insurance fraud and registration evasion.

Complaints or concerns about fraudulent titles and other motor vehicle-related law violations can be directed to the Office of Investigations by filling out the complaint petition form on the BMV website or in person at a BMV office.

?In the wake of a natural disaster such as Hurricanes Irma and Harvey, consumers need to be especially vigilant when buying a used car,? said Secretary Dunlap. ?We encourage all buyers to review the title of the vehicle closely, reference the online title information system, and have the vehicle inspected by a certified mechanic prior to purchase.?

Secretary Dunlap also suggests that consumers review the BMV ?Used Car Buyer?s Guide,? which is available on the BMV website as an animation and as text.

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ATTORNEY GENERAL CONTACT: Andrew Roth-Wells
TELEPHONE: (207) 626-8887

SECRETARY OF STATE CONTACT: Kristen Muszynski TELEPHONE: (207) 626-8404

Cumberland County Deputy Sheriffs Fired in Self-defense

September 22, 2017

OFFICE OF THE ATTORNEY GENERAL

September 22, 2017

Cumberland County Deputy Sheriffs Fired in Self-defense

Synopsis

In the early morning hours of Sunday, November 27, 2016, two Cumberland County deputy sheriffs, Sgt. Andrew Feeney and Deputy Derek Brill, shot and killed Norman Strobel, 59, in Naples.

Background

Between 1984 and 2001, Norman Strobel established a significant criminal history in Rhode Island, consisting of violent offenses that resulted in convictions and incarceration, including conspiracy to commit robbery, first-degree sexual assault, threats, domestic assault, and obstructing a police officer. When he moved to Maine, he was a convicted felon, a status that prohibited him from possessing a firearm.

While in Rhode Island, Mr. Strobel met a woman with whom he would maintain a long-term relationship. The couple moved to Maine and continued the relationship while residing together in Casco where the woman owned a residence. Beginning in 2008, Mr. Strobel became the subject of complaints involving recurring disputes with neighbors. The Cumberland County Sheriff?s Office investigated several of these complaints, one of which resulted in a protection from harassment order against Mr. Strobel. In 2010, while investigating a complaint from Mr. Strobel that a neighbor had fired a pellet gun at him, a deputy sheriff observed Mr. Strobel assaulting his domestic partner. There were later incidents in 2011 and 2012 involving reports of Mr. Strobel harassing neighbors, and an arrest for operating under the influence. In 2014, a third-party caller reported to the Sheriff?s Office a suspected domestic violence incident between Mr. Strobel and his partner, but the partner told the responding deputy sheriffs that nothing happened.

On July 1, 2016, while Mr. Strobel?s partner was in the bathroom, Mr. Strobel reportedly mentioned the movie ?The Burning Bed,? and threatened to kick his partner in the face, knock off her glasses, duct tape her to the bed, and burn the house down, after which he would shoot himself in the head. The partner did not report the incident to law enforcement.

On July 2, 2016, the Sheriff?s Office investigated a complaint that Mr. Strobel, while intoxicated, accosted some renters and ordered them to leave a residence in Casco owned by his partner. The renters, a couple from Florida, left the residence out of fear that Mr. Strobel would return. The owner of the property, Mr. Strobel?s partner, requested that the Sheriff?s Office serve a notice on Mr. Strobel that he could not return to the residence. Unable to locate Mr. Strobel, a deputy sheriff reached him by telephone and verbally warned him to stay off the property or face arrest for trespassing.

After these incidents on July 1 and 2, Mr. Strobel?s partner petitioned the District Court for a protection from abuse order; the Court issued an ex parte temporary order on July 5. On the same day, the partner reported to the Sheriff?s Office that Mr. Strobel trespassed on the Casco property. Two deputy sheriffs located Mr. Strobel at another residence owned by the partner, and served him with the protection from abuse order as well as a citation for trespassing. The deputies ordered him to leave the residence. The protection from abuse order, among other things, required that Mr. Strobel relinquish all firearms or other dangerous weapons in his possession. It also granted possession of two dogs, a Boxer and a Doberman, to the partner.

Almost immediately Mr. Strobel violated the terms of the temporary order by making numerous calls to the partner. In addition, on July 20, he went to the partner?s residence in Casco, which resulted in a deputy sheriff arresting him for violating the order. Mr. Strobel pled guilty to the violations and served five days in the county jail. Three days after his release from jail, a neighbor saw Mr. Strobel at his now former partner?s residence in Casco. A deputy sheriff arrested him for the violation of the protection from abuse order. He again pled guilty and was sentenced to 120 days in jail, all but 40 days suspended, with two years? probation. He was released from the county jail on September 9, 2016.

Less than a week later, the former partner reported receiving numerous telephone calls from Mr. Strobel, a violation of the protection from abuse order. Initially unable to locate Mr. Strobel, a deputy sheriff obtained an arrest warrant. The next day, September 16, 2016, two probation officers arrested and jailed Mr. Strobel for violating his probation. They found two bottles of vodka in his vehicle, another violation of his probation. Mr. Strobel refused a blood alcohol test. Three days later, he again pled guilty to violating the protection from abuse order, which resulted in a suspended 364-day jail sentence and two more years of probation. The remaining portion of his prior probation revoked, Mr. Strobel spent the next 80 days in the county jail. He was released on November 19, 2016.

During his incarceration in the county jail, Mr. Strobel met Richard Diekema of Naples, who was serving a 48-hour sentence for an OUI conviction during the weekend of September 23-25, 2016. The two became friends, and after Mr. Strobel?s release from jail, Mr. Diekema allowed Mr. Strobel to move in with him at his mobile home on the Songo School Road in Naples. Mr. Diekema was struggling financially and Mr. Strobel promised to contribute to household costs, including heating fuel. Mr. Diekema also hoped that Mr. Strobel could drive him as needed until his license was reinstated. On November 19, 2016, Mr. Strobel went to Mr. Diekema?s residence in Naples. He waited outside the residence until Mr. Diekema returned from work. Mr. Strobel began residing with Mr. Diekema at the Naples residence.

On November 21, 2016, two days after his release from jail, Mr. Strobel resumed his efforts to contact his former partner, in violation of the protection from abuse order still in effect. She reported to the Sheriff?s Office that Mr. Strobel called her several times. A deputy sheriff was unable to locate Mr. Strobel. The next day, the former partner reported 20 or more additional calls from Mr. Strobel. She expressed concerns about Mr. Strobel?s intentions, particularly given that her daughter would be visiting her for Thanksgiving. Also on November 21, Mr. Strobel told a relative in New Jersey, ?I have guns and I will kill myself and take everyone with me. I have to do what I have to do. I?m going to take people out.? While a deputy sheriff was at the former partner?s residence in response to more harassing and threatening phone calls, Mr. Strobel called the former partner again. The deputy sheriff spoke with Mr. Strobel to inform him that he was in violation of the protection from abuse order. Mr. Strobel hung up. While the deputy sheriff was still at the residence, the former partner received a call from a former Strobel girlfriend. She reported that Mr. Strobel told the relative in New Jersey that he was going to kill the former partner and then kill himself.

On November 23, Mr. Strobel forcibly entered the former partner?s residence in Casco while she was away and stole her two dogs, a Doberman Pincher and a one-eyed Boxer. While deputy sheriffs tried to find Mr. Strobel and arrest him for burglary and theft and for violating the protection from abuse order, they were unable to locate him. The next day, the former partner?s daughter and her boyfriend arrived in Maine to celebrate the Thanksgiving holiday. They stayed at a separate residence in Casco owned by the former partner. On November 26, the former partner looked into acquiring a firearm for her personal protection and registered for a firearms safety course.

Deadly Force by Sergeant Feeney and Deputy Brill

Late at night on Saturday, November 26, the daughter of Mr. Strobel?s former partner called 911 and reported that a man was banging on the door of the Casco residence, and the man was shouting ?Sheriff?s Office, open up.? While speaking with the 911 operator, gunshots erupted and the daughter reported that Mr. Strobel had just shot her boyfriend. Several Cumberland County deputy sheriffs responded. They found the boyfriend suffering from several gunshot wounds, but still alive. Mr. Strobel was nowhere to be found.

Less than an hour later, Mr. Strobel called the former partner?s cell phone several times and spoke to her twice. He also spoke with the owner of the residence at which the former partner was then visiting. A deputy sheriff was also at the residence. Mr. Strobel asked the whereabouts of the former partner, and said that he had just killed her daughter and the daughter?s boyfriend. When the owner of the residence disputed the assertion, Mr. Strobel replied, ?OK, then, they got wounded,? and ?you and her (referring to the former partner) are next motherfucker, you hear me?? The owner challenged Mr. Strobel to come to the residence.

Sergeant Andrew Feeney and Deputy Derek Brill were among the deputy sheriffs involved in the search for Mr. Strobel. Sergeant Feeney called Mr. Strobel?s cell phone and Mr. Strobel answered. He appeared intoxicated. Sergeant Feeney was unable to persuade Mr. Strobel to surrender. Mr. Strobel was agitated and dominated the conversation. He was upset that he had no legal ownership of residences owned by the former partner despite their long-term relationship. Mr. Strobel terminated the phone call and did not answer when Sergeant Feeney called again.

By 4:45 a.m. on Sunday, November 27, deputies learned that Mr. Strobel was possibly at the residence of Richard Diekema on the Songo Hill Road in Naples. Sergeant Feeney went to the residence where he saw a pickup truck that generally matched the description of one seen by the former partner?s daughter when Mr. Strobel shot her boyfriend in Casco. Sgt. Feeney illuminated the residence with a spotlight. Receiving no response, he drove his cruiser into the driveway and used its public-address system to announce his presence. Still receiving no response, Sgt. Feeney activated the cruiser siren several times. There was still no response. No one answered telephone calls to the residence. Other deputies, including Deputy Brill, arrived at the residence.

Through a window, Deputy Brill and Sergeant Feeney saw Mr. Diekema sitting in a recliner, apparently asleep. When the deputies saw what appeared to be blood on his face and an injury around the right eye, they decided to enter the residence to check on the welfare of Mr. Diekema. The deputies also observed inside the residence two dogs, a Doberman Pinscher and a one-eyed Boxer, believed to be the dogs stolen in the alleged burglary of Mr. Strobel?s former partner?s residence.

Deputy Brill and Sergeant Feeney entered the residence. They were immediately met by Mr. Strobel, who was armed with a handgun and displaying it in a threatening manner. He refused multiple commands to drop the gun and when he raised the gun in the direction of the deputies, Sergeant Feeney and Deputy Brill simultaneously fired their weapons at Mr. Strobel. The shots were fatal.

Mr. Diekema was found deceased, having been shot in the face. Later investigation determined that Mr. Strobel shot him earlier that night.

A post-mortem examination by the Office of Chief Medical Examiner determined Mr. Strobel?s cause of death to be multiple gunshot wounds. At the time of his death, his blood-alcohol concentration was 0.308%, nearly four times the amount that would constitute driving under the influence.

Legal Discussion and Conclusion

The Office of the Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer, who, while acting in the performance of the officer?s duties, uses deadly force. The detectives in the Office of the Attorney General who conduct the investigation of these incidents are independent of and unaffiliated with any other law enforcement agency. The purpose of the criminal investigation of the incident in Naples on November 27, 2016, which resulted in Mr. Strobel?s death, was to determine whether self-defense, including the defense of others, was reasonably generated by the facts so as to preclude criminal prosecutions of the deputy sheriffs who shot Mr. Strobel. Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt. The investigation did not include an analysis of whether any personnel action might be warranted, of whether the use of deadly force could have been averted, or of whether there might be civil liability. Indeed, state law provides that the fact that conduct may be justifiable under the Criminal Code does not abolish or impair any other remedy available under the law.

Two requirements must be met for any person, including a law enforcement officer, to legally use deadly force in self-defense or in defense of a third party. First, the person must have an actual belief that deadly force is imminently threatened against the person or against someone else, and the belief must be a reasonable one. Second, the person must actually and reasonably believe that deadly force is necessary to counter that imminent threat. Further, whether the use of force by a law enforcement officer is reasonable is based on the totality of the particular circumstances and judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.

The Office of the Attorney General has concluded that at the time Sergeant Feeney and Deputy Brill shot Mr. Strobel, each of them reasonably believed that unlawful deadly force was imminently threatened against them. It was reasonable for each officer to believe it necessary to use deadly force to protect himself and each other from deadly force. These conclusions are based on an extensive forensic investigation, on interviews with numerous individuals, and on a thorough review of all evidence made available from any source. All facts point to the conclusion that the officers in this case acted in self-defense.

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CONTACT: Andrew Roth-Wells TELEPHONE: (207) 626-8887

Supporting documents

Naples_Feeney_Brill

Attorney General Janet Mills demands U.S. Department of Education Secretary Betsy DeVos stop rolling back critical protections for student borrowers

September 26, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills demands U.S. Department of Education Secretary Betsy DeVos stop rolling back critical protections for student borrowers

Mills and 20 Attorneys General across the U.S. join together to protect student borrowers in letter to Education Secretary DeVos

AUGUSTA ? Attorney General Janet Mills today joined other Attorneys General in demanding that the U.S. Department of Education stop rolling back critical protections for student borrowers.

?Maine families facing college loan debt need the federal Department of Education to join us in protecting students from deceptive practices by for-profit schools and federal loan servicers,? said Attorney General Mills. ?Instead, Secretary DeVos is working to protect the profits of institutional lenders, to the detriment of Maine students and families.?

In a letter to Secretary DeVos, Attorney General Mills and 20 other Attorneys General criticized the Department of Education for sending a letter to the Consumer Financial Protection Bureau (CFPB) in August in which the Department terminated two key agreements with CFPB. The Attorneys General stated that in the DOE letter:

? The Department of Education falsely asserted it has exclusive jurisdiction over companies that service federal student loans when in fact student loan servicers are under the jurisdiction of the CFPB, Federal Trade Commission, Department of Justice, Attorneys General and other law enforcement agencies.

? The letter is the latest in a series of actions by the Department of Education to strip critical protections for millions of students and families repaying student loans.

? The Department of Education misrepresents the strong work done by the Consumer Financial Protection Bureau on behalf of students and families across the country.

The Attorneys Generals wrote: ?Contrary to the Department?s assertion, Congress did not exempt the $1.3 trillion federal student loan market from the Consumer Financial Protection Bureau?s jurisdiction ? or from the jurisdiction of any other law enforcement agencies. ? Not only is the Department?s assertion demonstrably false, but such an exemption would make no sense ? the market for federal student loan servicers is bigger than any other consumer finance market except mortgages. Moreover, student loan borrowers, who in most cases cannot discharge their student loans through bankruptcy, are among the most vulnerable borrowers.?

The Department of Education?s August 31, 2017 letter terminated two memoranda of understanding with the Consumer Financial Protection Bureau with its critical protections designed to streamline the supervision of student loan services. The Attorneys Generals? letter makes clear this step harms American families and makes it more difficult for the Consumer Financial Protection Bureau to assist and protect student borrowers.

?Attorneys General work with the Consumer Financial Protection Bureau to prevent schools from selling worthless educational programs to obtain federally guaranteed student loans,? said Attorney General Mills. ?Secretary DeVos is putting all taxpayers at risk with this rollback of student loan protections. Secretary DeVos is padding the profits of loan servicers, for-profit colleges, their executives and their investors, at the expense of Maine students and their families.?

The Attorneys Generals? letter highlights the strong work the Consumer Financial Protection Bureau has done to protect students and families ? often in partnership with the Department of Education and state Attorneys General. The letter details the many student loan accomplishments of the Consumer Financial Protection Bureau:

? Processing complaints from more than 40,000 student loan borrowers from all 50 states; ? Suing Navient, the nation?s largest student loan servicer, for steering borrowers into costly repayment plans that benefit the servicer, not the borrower; ? Cracking down on abusive for-profit colleges ITT Tech and Corinthian; ? Halting illegal loan servicing practices at Wells Fargo; and ? Working with state Attorneys General to create an online tool that helps students plan for college by comparing financial aid offers, loan commitments and earnings potential.

Joining Attorney General Mills in today?s letter were Attorneys General from California, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Minnesota, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington, as well as the executive director of the Hawaii Office of Consumer Protection.

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Supporting documents

AG letter to DeVos

Attorney General Janet Mills joins bipartisan call for Congress to change federal law to make drug treatment more affordable and accessible

October 3, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE

Attorney General Janet Mills joins bipartisan call for Congress to change federal law to make drug treatment more affordable and accessible

?Road to Recovery? Act will make drug treatment options more available to Maine residents

AUGUSTA ? Attorney General Janet Mills, with a bipartisan coalition of 39 Attorneys General and the National Association of Attorneys General, this week called on Congress to pass legislation that changes federal law to make treatment for drug addiction more affordable and accessible for Americans who most need it.

HR 2938 is the ?Road to Recovery? Act. The coalition of Attorneys General sent a letter to the U.S. House of Representatives, describing the national epidemic of heroin and opioid abuse and overdose deaths, and stating: ?? [W]e cannot arrest our way out of this problem, because it is not just a public safety challenge ? it is a public health challenge as well.?

?A recent study reveals that drug overdoses claimed as many as 65,000 American lives in 2016, a 24 percent increase from the year before. Last year saw 376 drug overdose deaths in Maine, and there have been 185 confirmed drug overdose deaths in the first six months of 2017, or one overdose death a day,? said Mills. ?The ?Road to Recovery Act? will create more treatment options, and this bipartisan coalition of Attorneys General strongly supports its passage in Congress.?

The ?Road to Recovery? Act will help increase access to treatment for opioid addiction by removing a more than 50-year-old provision in the Medicaid program that currently acts as a barrier to residential addiction treatment.

The bill addresses the ?Institutions for Mental Diseases? (IMD) exclusion which was created in the original 1965 Medicaid legislation to prevent the funding of large, residential mental health facilities. While the exclusion led to the closure of what were, in many cases, inhumane institutions, it now has the unintended effect of limiting Medicaid funding for residential treatment facilities, which can be one of the most effective ways to treat drug addiction.

The ?Road to Recovery? Act will remove the exclusion for addiction treatment facilities only. This will help open new avenues for addiction treatment while maintaining appropriate restrictions on mental health facilities.

The change in the law is supported by health care providers, insurers, treatment centers, governors of both political parties and the President?s Commission on Combating Drug Addiction and the Opioid Crisis.

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CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Supporting documents

Letter in support of Road to Recovery

Attorney General Janet Mills decries Trump?s contraception coverage rollback

October 11, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills decries Trump?s contraception coverage rollback

Mills joins 17 Attorneys General warning Trump administration that the move is discriminatory and potentially unlawful

AUGUSTA ? Attorney General Janet Mills joined 17 other Attorneys General in protesting the Trump administration?s move to end the mandatory contraception coverage rule created by the Affordable Care Act. The 18 attorneys general wrote to Acting Secretary of Health and Human Services Don Wright, Secretary of Labor R. Alexander Acosta, and Secretary of Treasury Steven Mnuchin expressing strong opposition to the Trump administration?s action which they say will only increase healthcare costs for women, lead to more unplanned pregnancies and place greater strain on both family finances and state budgets.

?This action is an attack on the health of women and girls throughout our country,? said Attorney General Mills. ?It is an attack on our right to privacy and sets a terrible precedent of allowing employers to interfere in the most personal decisions of their employees.?

For millions of women the ACA contraception coverage rule has reduced healthcare costs, helped address medical conditions and allowed them to make their own decisions about when and if to have children. Before the contraception coverage rule, birth control accounted for 30-44% of a woman?s out-of-pocket healthcare costs. Now, 62 million women across the country, including 253,000 women in Maine, have access to contraception without a co-pay, saving an average of $255 per year for oral pill contraceptives, and the percentage of women who have a co-pay for contraception has fallen from more than 20% to less than 4%.

?Allowing any employer or insurance company with a religious or ?moral? objection to contraception to opt out of this requirement will take away women?s autonomy to make their own reproductive decisions and put those decisions in the hands of their employers,? wrote the attorneys general. ?Subjecting women to the religious and moral beliefs of their employers violates the right to privacy enshrined in Supreme Court doctrine. Women should have coverage for their critical health care just as men do.?

The attorneys general also informed the cabinet secretaries that ?we will closely monitor any legal challenges to this rule that discriminates against women in our states and negatively impacts our state budgets. We stand ready to protect the best interests of our states and constituents.?

Joining Attorney General Mills in the letter opposing the Trump administration?s rollback of contraceptive coverage are the attorneys general of California, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington.

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Supporting documents

AG contraception rollback letter

Attorney General Janet Mills announces settlement with General Motors Company over defective ignition-switch

October 19, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills announces settlement with General Motors Company over defective ignition-switch

AUGUSTA ? Attorney General Janet Mills today announced that Maine has participated in a nationwide $120 million settlement with General Motors Company (GM) over allegations that GM concealed safety issues related to ignition-switch defects in GM vehicles.

The settlement, reached between the attorneys general of 49 states and the District of Columbia and General Motors Company, concludes a multistate investigation into the auto manufacturer?s failure to timely disclose safety defects in ignition-switches in certain GM vehicles.

?This intentional deception by GM created a dangerous situation for their customers and for everyone else on the road,? said Attorney General Mills. ?My office will continue to go after deception by any business, no matter how big, that endangers the public.?

In 2014, GM issued seven vehicle recalls affecting more than nine million vehicles in the U.S. The recalls involved a defective ignition switch which can cause a loss of electrical systems, including power steering and power brakes. If a collision occurs due to this defect, the vehicle?s safety airbags may also fail to deploy, increasing the risk of serious injury or death in crashes.

The states alleged that certain employees of GM and General Motors Corporation (which went through bankruptcy in 2009), knew as early as 2004 that the ignition-switch posed a safety problem because it could cause the airbag to fail. Despite this knowledge, GM personnel delayed issuing recalls. GM continued to market the reliability and safety of its motor vehicles which were equipped with this defective ignition-switch.

The states alleged that the automaker?s actions were unfair and deceptive in violation of state consumer protection laws, including Maine?s Unfair Trade Practices Act.

Under the consent judgment presented to the Kennebec County Superior Court, GM is ordered to:

 Not represent that a motor vehicle is ?safe? unless they have complied with the Federal Motor Vehicle Safety standards applicable to the motor vehicle at issue.

 Not represent that certified pre-owned vehicles that GM advertises are safe, have been repaired for safety issues, or have been subject to rigorous inspection, unless such vehicles are not subject to any open recalls relating to safety or have been repaired pursuant to such a recall.

 Instruct its dealers that all applicable recall repairs must be completed before any GM motor vehicle sold in the U.S. and included in a recall is eligible for certification and, if there is a recall on any certified pre-owned vehicle sold in the U.S., the required repair must be completed before the vehicle is delivered to a customer.

GM also agreed to pay the participating attorneys general a total of $120 Million. Maine?s share will be $1,118,000.

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Attorney General Janet Mills calls on Secretary DeVos to reject student loan servicing industry?s demand for immunity from state law oversight and enforcement

October 24, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills calls on Secretary DeVos to reject student loan servicing industry?s demand for immunity from state law oversight and enforcement

Mills joins bipartisan attorneys general from 25 states in letter to DeVos to oppose improper industry attempt to sideline state regulators amid student loan crisis

AUGUSTA ? Attorney General Janet Mills today joined a bipartisan coalition of Attorneys General and officials representing 25 states in urging Education Secretary Betsy DeVos to reject the campaign by student loan servicers and debt collectors to dismantle state oversight of the student loan industry. In recent years, state AGs have investigated significant problems in the student loan industry and have won settlements that returned tens of millions of dollars to student borrowers.

In response to that effort, industry groups are lobbying the Department to block or ?preempt? state efforts to combat abuses by student loan servicers. As the AG?s explain in a letter today, the Department lacks the legal authority to block state oversight and any attempt to sideline state oversight amid the mounting student loan crisis would only put students and borrowers at greater risk.

?Protecting students and their families from abuses by the student loan industry is something we can all agree on regardless of party,? said Attorney General Mills. ?State attorneys general from across the country have put tens of millions of dollars back into the pockets of student borrowers, and these vital protections must remain in place.?

Major state-led investigations of student loan servicers recently include:

? Education Management Corporation: The investigation uncovered that the school misled students about program costs, graduation rates, and job placement rates. As part of the multi-state settlement, State Attorneys General obtained over $100 million in loan forgiveness.

? Devry University: The investigation revealed that DeVry lured students with ads that exaggerated graduates? success in finding employment at graduation and contained inadequately substantiated claims about graduates? salary success. The FTC and other state regulators obtained over $100 million in refunds and debt relief for former DeVry students.

? Aequitas Capital Management: The investigation conducted by the DOE and the California Attorney General?s Office found that Corinthians College misrepresented graduates? employment success in connection with some of its programs, making certain students eligible for discharge of their federal student loans managed by Aequitas Capital Management, Inc. The resulting multi-state settlement provided $183 million in student loan relief for 41,000 students nationwide.

The Attorneys General explain in their letter that the industry requests would ?defy the well-established role of states in protecting their residents from fraudulent and abusive practices, plainly exceed the scope of the Department?s lawful administrative authority, and would needlessly harm the students and borrowers at the core of the Department?s mission.?

Additionally, the Attorneys General point out that ?state enforcement agencies have long been at the frontlines in protecting their citizens from fraud, deceptive conduct, and unfair business practices, including by financial service companies, debt collectors, and others.?

Nationally, student debt has surpassed credit card debt, reaching $1.4 trillion last year. Maine has the 14th highest average debt for graduates in the nation at $30,000.

Attorney General Janet Mills recently used settlement funds from the Standard & Poor?s lawsuit to expand UMF?s Peer-to-Peer Financial Literacy Program to the entire University of Maine system to help students to avoid debt. The program started as a pilot project at UMF in 2013 by training students to help their fellow students understand their own finances and how to make responsible financial decisions. With the funds from the Attorney General?s Office the University of Maine System will train students as Peer Financial Educators and eventually reach out to middle and high school and community college students.

The Maine Consumer Credit Protection Bureau has also produced a comprehensive handbook for families considering how to pay for college. The ?Downeaster Commonsense Guide to Student Loans? can be downloaded from their website.

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Supporting documents

DeVos preemeption letter

Attorney General Janet Mills warns public about new phone scam

October 31, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills warns public about new phone scam

Callers claiming to alert recipient of grant award from DHHS

AUGUSTA ? Attorney General Janet Mills is warning the public of a new phone scam in which the caller tells the recipient that they have received an award from Maine?s Department of Health and Human Services. The call recipient is then asked to pay $200 for an access code to get the award.

AG Mills stated that one individual received a phone call claiming that the consumer had awarded a grant of money from the Department of Health and Human Services. The caller asked the individual to pay $200 for an access code to receive the grant.

?If you receive a similar call, don?t be fooled,? said Mills. ?. The government will not call you to ask for your credit card information over the phone.?

Recently, many Mainers have encountered similar scams via Facebook messenger, where someone they "know" has heard of some grant and wants to share their good fortune with you. Often, the person you know is a spoofed profile of your friend, and it is a scam.

Sometimes the scammer poses as a government official. The scammer may even have an account with a name and photo that matches that of a real office or public official. The scammer tells the potential victim that they have qualified for a free monetary grant from the government that does not have to be paid back. All the victim has to do is pay a small processing fee and the larger sum of money will be released. No matter how much money is sent to the scammers, no grants are ever released.

?Scammers are always coming up with new ways to convince you to part with your hard-earned money,? said Attorney General Mills. ?If any one tells you that you can have something for nothing ? they are lying to you. No governmental agency conducts business or financial transactions via Facebook or instant messenger and they will never demand that you wire money or make a payment by a prepaid money service or any card you can buy in a convenience store. If you receive one of these offers, ignore it, delete it or block the sender. If you send them any money, you will never see it again.?

If you receive a message like this, you should report it to the service provider (for instance if you are using Facebook, report it to Facebook), as they may be able to shut down the suspect account.

Consumers can contact the Maine Attorney General?s Office with questions or concerns about these kinds of scams or other issues they have had with a business. They are encouraged to contact the Office of the Attorney General?s Consumer Protection Division.

Office of the Attorney General Consumer Protection Division State House Station 6 Augusta, ME 04333-0006 Consumer.mediation@maine.gov Tel: 1-800-436-2131

The Office of the Attorney General also offers tips on how to avoid scams at http://www.maine.gov/ag/consumer/scams.shtml

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Attorney General Mills joins settlement against charity that deceived veterans and their supporters

November 6, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Mills joins settlement against charity that deceived veterans and their supporters

National charity claimed it was supporting local veterans but had no local programs

AUGUSTA ? Attorney General Janet Mills today announced a settlement between 24 states and VietNow National Headquarters, Inc., an Illinois nonprofit corporation, resulting in the organization?s dissolution.

In March 2017, attorneys general throughout the country began investigating VietNow for allegedly making thousands of deceptive solicitations and misrepresenting its charitable programs to donors. These investigations led to the present negotiated resolution. Maine residents donated almost $9,000 to VietNow as a result of these deceptive solicitations.

The settlement resolves the allegations by appointing a receiver to dissolve VietNow. The settlement also obtains injunctive relief against VietNow?s directors and officers and requires their cooperation in investigations of VietNow?s professional fundraisers. Upon dissolution, VietNow?s remaining funds will be paid to two national and well-respected veterans charities, Fisher House Foundation and Operation Homefront.

?Maine people are always generous in our support of our veterans and active duty servicemen and women,? said Attorney General Mills. ?It is unconscionable that an organization would take advantage of our generous spirit and commitment to veterans to scam Mainers. This kind of deception detracts from the efforts of legitimate organizations to help our veterans.?

Background

Since March 2015, VietNow?which also uses the name VeteransNow?has been raising money using deceptive telemarketing solicitation scripts. The scripts, which were used by professional fundraiser Corporations for Character, told potential donors that VietNow gave a minimum of 12 percent after expenses back to veterans in the donors? state; other scripts stated that donations helped local veterans in the donors? state. But in response to the investigation by the attorneys general, VietNow admitted that it had not funded any programs that assisted local veterans. Other VietNow scripts claimed that VietNow provided ?medical facilities and treatment? to veterans, but again, VietNow could identify no such programs.

In its most recent financial statement, VietNow reported raising nearly $2 million nationwide. But most of this money was paid to professional fundraisers, with less than 5% of funds raised going to any charitable programs.

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Supporting documents

VietNow Settlement

Consumers impacted by scams utilizing Western Union may now seek compensation from $586M fund

November 13, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Consumers impacted by scams utilizing Western Union may now seek compensation from $586M fund

Attorney General Mills encourages fraud victims to file claims

AUGUSTA ? Mainers who were deceived into sending payments to scammers using Western Union's wire transfer service between January 1, 2004 and January 19, 2017 may now apply for compensation from a $586 million fund administered by the Department of Justice's Victim Asset Recovery Program. This fund is related to a multi-state settlement with Maine Attorney General Janet Mills and 49 other states, the District of Columbia, and Western Union that was first announced in January.

Mainers who reported to the Maine Office of the Attorney General that they had been the victim of a scam using Western Union will receive a claim form in the mail in the coming weeks, which will contain instructions explaining how to file a claim for compensation. If you do not receive a claim form in the mail but believe you may have an eligible claim, visit http://www.westernunionremission.com or call 1-844-319-2124.

?I ask all Mainers who have been scammed out of money and were asked to use Western Union to make these fraud-induced payments to file for reimbursement from this fund,? said Attorney General Mills. ?I realize some may be embarrassed that they fell for a scam. You are not alone. Do not be embarrassed, please take this opportunity to get some of your money back. If you ever wire money, keep in mind that it?s illegal for a telemarketer to ask you to pay with a money transfer. Scammers love using money transfer services because once you send the money, it?s gone forever. So, if a telemarketer asks you to wire money, already you know they?re a crook.?

In order to receive restitution under the settlement claims forms must be mailed back to the settlement administrator by February 12, 2018. Attorney General Mills encourages consumers to reach out to the Consumer Protection Division if they have questions or concerns at consumer.mediation@maine.gov , (207) 626-8849 or 1-800-436-2131.

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Attorney General Janet Mills urges repeal of a federal law in order to hold drug manufacturers and distributors accountable for opioid oversupply

November 14, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills urges repeal of a federal law in order to hold drug manufacturers and distributors accountable for opioid oversupply

AUGUSTA ? Attorney General Janet Mills joined the National Association of Attorneys General (NAAG) in a letter to congressional leaders, urging them to repeal a 2016 federal law so as to hold drug manufacturers and distributors responsible for the nation?s oversupply of pain killers (opioids).

?We are averaging a drug overdose death every day in Maine and the over prescription of these addictive opioids is one of the root causes of our current crisis,? said Mills. ?My office is fighting to hold the manufacturers and distributors who encouraged the overuse of these drugs accountable. The federal government must not tie our hands in this effort.?

The ?Ensuring Patient Access and Effective Drug Enforcement Act of 2016? (P.L. 114-145) has severely limited the Drug Enforcement Administration?s (DEA) response to the opioid crisis. In 2016, more than two million Americans had an addiction to prescription or illicit opioids. Since 2000, more than 300,000 Americans have died from overdoses involving opioids.

Maine leads the nation in the rate of long-acting opioid prescriptions. According to the Centers for Disease Control and Prevention there were 66.9 opioid prescriptions per 100 Maine residents in 2016. This number has slowly declined since 2011 when the rate reached a peak of 93.1. The CDC estimates 75 percent of patients that abuse heroin started with prescription medications.

In June AG Mills announced that she is working with a bipartisan coalition of attorneys general from across the country in investigating the practices of manufacturers of opioids, including the role opioid manufacturers played in creating or prolonging the opioid epidemic.

Additionally, in September Mills joined a coalition of attorneys general from 37 states and territories urging America?s Health Insurance Plans to examine the financial incentives that contribute to the opioid epidemic in Maine and across the nation. The attorneys general noted that the number of opioid prescriptions have quadrupled since 1999. They encouraged the health insurance companies to pay for alternative pain therapies that may be more effective than opioid prescriptions.

?In the midst of this deepening public health crisis ? at a time when our nation needs every available weapon at its disposal to combat the opioid epidemic, the Act effectively strips the Drug Enforcement Administration of a mission critical tool, namely, the ability to issue an immediate suspension order against a drug manufacturer or distributor whose unlawful conduct poses an immediate danger to public health or safety,? reads the NAAG letter sent yesterday to U.S. Senate and House of Representative leaders and signed by 44 attorneys general in the states, District of Columbia and Virgin Islands. ?We urge you to repeal the Act so that the public is protected and drug manufacturers and distributors may be held accountable for their actions.?

Nationally the attorneys general have been combatting the opioid crisis on many fronts, including lawsuits, investigations and disruption of trafficking networks and pill mills.

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Supporting documents

NAAG letter

Attorney General Janet Mills decries FCC repeal of net neutrality rules

November 22, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills decries FCC repeal of net neutrality rules

AUGUSTA ? Attorney General Janet Mills decries the proposal of the Federal Communication Commission (FCC) to repeal the ?net neutrality? rules put in place by the Obama administration that maintain important consumer protections for Internet service customers and an open Internet.

The proposal of the FCC will allow Internet Services Providers to slow or block access to certain sites or mobile applications, upending the idea of ?net neutrality? that has allowed ideas and commerce to flourish across the web.

?This proposal is terrible for consumers. Individuals and businesses use the Internet every day to do our banking, to pay our bills, to do our schoolwork, and to do our jobs,? said Attorney General Mills. ?This proposal will allow service providers to limit and slow down access to information based on their values and economic interests. The idea that we should all be able to access the same parts of the web and use applications freely, without interference from a provider, is critical to the free exchange of ideas fundamental to our democracy.?

Attorney General Mills is reviewing the proposal and discussing options with other attorneys general to protect consumers? rights.

In July Attorney General Mills, along with 12 other attorneys general, submitted comments to the FCC in opposition to the Notice of Proposed Rulemaking.

The comments submitted by the attorneys general stated: ?The current Open Internet rules were based on the premise that consumers expect and deserve an open and transparent Internet and that their right to access their chosen content without interference from their service provider should be protected. The existing rules recognize that the Internet has become an essential service in our society, and that role could be compromised by allowing private companies, many of which have conflicts of interest, to dictate the terms of consumers? access to and use of the Internet. Consumers expect transparency and fairness from their Internet service when they go online, and those expectations should be reflected in the FCC?s rules.?

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Attorney General Janet Mills opposes Trump Administration?s proposal to dramatically increase entrance fees at national parks

November 27, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills opposes Trump Administration?s proposal to dramatically increase entrance fees at national parks

AUGUSTA ? Attorney General Janet Mills joined a bipartisan coalition of 11 attorneys general to express her strong opposition to the National Park Service?s (NPS) proposal to dramatically increase entrance fees at 17 national parks, including Acadia National Park in Maine. Under the proposal, the per vehicle entrance fee during the five-month peak season would increase to $70 from $25 or $30. Motorcycle, bicycle and pedestrian entrance fees would also increase by double or more. The attorneys general sent a comment letter to NPS opposing the increased fees.

?Acadia is a national treasure that brings over 3 million people a year to Maine,? said Attorney General Mills. ?Every effort should be made to encourage more families to visit and enjoy our nation?s natural beauty that is protected in our national parks. Unfortunately, this proposal by the Trump Administration will make it more difficult for working class families to afford this experience.?

While the Trump Administration claims the increased funding is needed to deal with the backlog of necessary maintenance work at the national parks, it is also proposing to cut almost $300 million from the National Park Service?s budget.

?Acadia National Park injected over $270 million into our local communities last year,? said Attorney General Mills. ?It is incumbent upon all of us to take action to oppose this dramatic increase in park entrance fees and to protect communities that rely on national parks as important economic engines.?

In the comment letter to the NPS, Attorney General Mills and her fellow attorneys general make three main points:

? NPS?s stated justification for the fee increase is to address the serious maintenance backlog facing the national park system. However, the proposal could well reduce revenue by lowering visitation rates, and it comes at the same time that the Trump Administration is proposing to cut NPS?s budget by far more than any increased fees might generate;

? NPS has failed to consider or provide any data to support the criteria it must consider pursuant to the Federal Lands Recreation Enhancement Act of 2004, including the ?aggregate effect of recreation fees on recreation users? or ?the public policy or management objectives served by the recreation fee?;

? NPS?s Washington-centric approach, announcing the proposed fees for 17 parks without any detailed analysis or prior outreach to impacted communities and setting a short comment period that includes major holidays, is designed to minimize input from the American public to whom the national parks belong.

Joining Attorney General Mills in sending the comment letter were the Attorneys General of Arizona, California, Maryland, Massachusetts, New Mexico, New York, Oregon, Rhode Island, Washington, and the District of Columbia.

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Supporting documents

NPS entry fee letter

Attorney General Janet Mills joins multistate court brief opposing roll back of contraception coverage mandate

November 29, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills joins multistate court brief opposing roll back of contraception coverage mandate

Amicus brief filed in support of Pennsylvania?s lawsuit

AUGUSTA ? Attorney General Janet Mills joined a coalition of attorneys general in an amicus brief opposing the Trump Administration?s roll back of the ACA contraception requirement.

The amicus brief, filed with the United States District Court for the Eastern District of Pennsylvania, supports the Commonwealth of Pennsylvania?s lawsuit to stop the federal government from enforcing a new rule that would authorize virtually any employer with an objection to contraception to prevent employees and employees? dependents from having health insurance coverage for contraceptive services.

?This Trump administration?s proposal is an attack on the health of women throughout our country,? said Attorney General Mills. ?It is an attack on the right to privacy to allow employers to interfere in the most personal decisions of their employees? lives.?

Since the ACA was enacted in 2010, most employers who provide health insurance coverage to their employees have been required to include coverage for contraception, at no cost to the employee. As a result of the ACA, more than 55 million women in the United States, including 253,000 women in Maine, have access to contraception without a co-pay, saving an average of $255 per year for oral pill contraceptives.

For millions of women the ACA contraception coverage rule has reduced healthcare costs, helped address medical conditions and allowed them to make their own decisions about whether to have children. Before the contraception coverage rule, birth control accounted for 30-44% of a woman?s out-of-pocket healthcare costs.

In the brief, the attorneys general argue that the new rule is unconstitutional because it allows the federal government to endorse certain religious or moral beliefs over a woman?s right to make choices about her own health care.

The attorneys general also argue that the proposed rule denies equal protection under the law by denying critical benefits to women, while leaving coverage for men unchanged. Additionally, they argue that the Trump administration is taking away the right to contraceptive coverage ? a right that millions of women rely on ? in violation of the ACA itself, and without an opportunity for public comment and without following legal procedures.

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Supporting documents

Contraception mandate amicus brief

Attorney General Janet Mills seeks volunteer mediators

November 30, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells

Telephone: (207) 626-8887

Attorney General Janet Mills seeks volunteer mediators

AUGUSTA ? Are you interested in helping Maine consumers resolve disputes with businesses? The Attorney General?s Office is recruiting volunteer mediators for the Consumer Mediation Service, with the next training scheduled for January 29-31 in Augusta. For more than 30 years the Consumer Protection Division of the Attorney General?s Office has offered a free and voluntary complaint resolution program for Maine consumers, staffed by trained volunteers and overseen by full-time staff.

Volunteers will mediate consumer complaints over the phone or by mail in the Attorney General?s Augusta Office on a variety of matters including express and implied warranty issues, landlord-tenant, car repairs and car sales, and more. Volunteers will be thoroughly trained in consumer law and mediation techniques at the three-day training. They will then volunteer between 4 to 6 hours per week on a schedule convenient to them during normal business hours under the supervision of members of the Attorney General?s Consumer Protection Division.

To learn more about the program and download an application visit our website - http://www.maine.gov/ag/about/volunteer_mediators.shtml. Applications must be received by January 1, 2018 to be considered for the January 2018 class.

Please direct all inquiries to Complaint Examiner Martha Currier at (207) 626-8847 or: martha.currier@maine.gov.

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Attorney General Mills and Federal Trade Commission announce settlement with supplement sellers on false advertising charges

November 30, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells
Telephone: (207) 626-8887

Attorney General Mills and Federal Trade Commission announce settlement with supplement sellers on false advertising charges

BioTherapex and NeuroPlus falsely touted to treat ailments including arthritis and memory loss

AUGUSTA ? A health products company and its owner are settling charges brought by Attorney General Janet Mills and the FTC that they deceived consumers with promises that their products could treat everything from arthritis to memory loss. The proposed federal court order bars the defendants from engaging in a wide range of business practices that the Attorney General and the FTC allege deceived consumers.

According to the complaint, Health Research Laboratories, LLC (HRL) and Kramer Duhon marketed two health products, ?BioTherapex,? a dietary supplement that purportedly targets the liver to address a host of ailments, and ?NeuroPlus,? a brain supplement, using false and unsupported claims.

?We are putting supplement sellers on notice,? said Attorney General Mills. ?False advertising, fake experts, and unauthorized charges to consumers are unlawful and we will hold those engaging in these activities accountable. The fact that they are also targeting vulnerable people with serious health concerns is particularly alarming.?

Primarily through direct mail marketing throughout the United States and Canada, the defendants advertised BioTherapex, which they sold for $39.95 per bottle, as a remedy for arthritis, joint and back pain, and weight issues. The defendants advertised NeuroPlus, which they sold for $39.99 per bottle, as a treatment for Alzheimer?s disease and dementia, memory loss, and cognitive deficits. The complaint alleges that these claims were false and unsubstantiated.

According to the Attorney General and the FTC, the defendants also made their direct mail brochures look like scientific journals featuring fictitious medical doctors and consumer testimonials. Brochures for BioTherapex even highlighted the results of a 1,200-person clinical study on the product, but no such study ever occurred.

The complaint also alleges the defendants engaged in other deceptive marketing practices, including misrepresenting the terms of the ?risk free? trial period and enrolling consumers in auto-renewal payment plans without adequately disclosing that they were doing so.

The proposed court order bans the defendants from making any of the seven ?gut check? weight-loss claims that the FTC has publicly advised are always false with respect to any dietary supplement, over-the-counter drug, or any product rubbed into or worn on the skin. The order also prohibits the defendants from making certain health-related claims unless they have competent and reliable scientific evidence to support them. In addition, it prohibits them from misrepresenting the existence of consumer testimonials and expert endorsers.

The order prohibits the defendants from misrepresenting the terms of free or risk-free trial offers, refunds, cancellations, negative option plans or automatic shipments, and the defendants must get consumers? consent for negative option offers prior to using consumers? billing information to obtain payment. Finally, the order imposes a judgment of $3.7 million, which will be suspended upon payment of $800,000 restitution.

Unlike drugs, dietary supplements are not evaluated or reviewed by the Federal Drug Administration for safety and effectiveness, and even "natural" supplements can be risky depending on the medicines an individual takes or one?s medical conditions. In recent years, hundreds of supplements also have been found to be tainted with drugs and other chemicals. Consumers should always talk to a doctor before taking a new supplement and avoid any supplement claiming that it is a "cure" for any condition.

The complaint and proposed stipulated order settling the charges were filed in the U.S. District Court for the District of Maine. These orders have the force of law when approved and signed by the District Court judge.

Attorney General Mills encourages consumers to reach out to the Consumer Protection Division if they have questions or concerns at consumer.mediation@maine.gov , (207) 626-8849 or 1-800-436-2131.

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Attorney General Janet Mills joins lawsuit against Trump EPA for failing to meet Clean Air Act requirements

December 7, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE Contact: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills joins lawsuit against Trump EPA for failing to meet Clean Air Act requirements

AG Mills sues EPA for failing to meet smog pollution deadline

Attaining national pollution standards would prevent up to 660 premature deaths, 230,000 asthma attacks in children

AUGUSTA ? Attorney General Janet Mills joined 14 attorneys general in suing the Environmental Protection Agency (EPA) for failing to meet Clean Air Act deadlines.

In October 2015, the EPA revised and strengthened the national air quality standards for smog. The Clean Air Act requires the EPA to designate areas of the country that are in ?attainment? or ?non-attainment? with these public health and welfare standards. In this case the EPA was required to issue these designations by October 1, 2017.

In June, the EPA announced it would delay making the required designations. In August, Attorney General Mills and other attorneys general sued the EPA for illegally delaying the designations that show what areas of the country are meeting the Clean Air Act standards and which are not. The day after the lawsuit was filed the EPA announced they would not delay making the designations.

The October 1, 2017 deadline then passed without EPA making any of the required designations, in violation of the Clean Air Act. A few days later, the coalition notified EPA of its intention to sue if the agency failed to correct the violation within 60 days. On November 6, 2017, EPA issued designations for some areas of the country, but failed to make any ?non-attainment? area designations, which are the designations that trigger smog reduction measures to improve air quality and comply with the standards.

The EPA?s own studies demonstrate that pollution from states upwind of Maine contributes substantially to the state?s unhealthy ozone levels. The designation of areas with unhealthy levels of pollution plays a key role under the Clean Air Act in triggering requirements for state-specific plans and deadlines to reduce pollution in the designated areas. Maine has been meeting these standards for over a decade. If the states upwind of Maine are not required to meet pollution standards, air quality in Maine could decline.

According to the American Lung Association there are nearly 25,000 children and 120,000 adults in Maine with asthma.

?The EPA?s failure to act is putting the health of thousands of Maine children and seniors at risk,? said Attorney General Mills. ?I will continue to hold the EPA?s feet to the fire to protect Maine people from the effects of pollution.?

Implementing the 2015 updated smog standards will improve public health for children, older adults, and people of all ages who have lung diseases like asthma, and people who are active outdoors, especially outdoor workers.

In fact, the EPA conservatively estimated that meeting the smog standards would result in net annual public health savings of up to $4.5 billion starting in 2025 (not including California), while also preventing approximately:

? 316 to 660 premature deaths;

? 230,000 asthma attacks in children;

? 160,000 missed school days;

? 28,000 missed work days;

? 630 asthma-related emergency room visits; and

? 340 cases of acute bronchitis in children.

Smog forms when nitrogen oxides, volatile organic compounds, and carbon monoxide emitted from power plants, motor vehicles, factories, refineries, and other sources react under suitable conditions. Because these reactions occur in the atmosphere, smog can form far from where its precursor gases are emitted and, once formed, smog can travel far distances. Despite enacting stringent in-state controls on sources of these pollutants, many states are not able to meet federal health-based air quality standards for smog.

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Attorney General Janet Mills joins effort to preserve independence of Consumer Financial Protection Bureau

December 8, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE

CONTACT: Andrew Roth-Wells Telephone:(207) 626-8887

Attorney General Janet Mills joins effort to preserve independence of Consumer Financial Protection Bureau

Amicus brief states Trump?s attempt to control agency leadership endangers consumers

AUGUSTA ? Attorney General Janet Mills joined a friend-of-the-court brief on behalf of Maine and 17 other states in English v. Mulvaney, a lawsuit challenging President Trump?s decision to appoint Mick Mulvaney as the acting director of the Consumer Financial Protection Bureau (CFPB). The brief argues that maintaining CFPB?s independence is crucial to protecting consumers, and that Congress ensured this independence by creating a specific plan for succession.

Richard Cordray was the first director of the agency, which is designed to serve as an independent consumer advocate and check on the power of large financial-services businesses. He stepped down last month and, under the act that created the CFPB, his deputy director, Leandra English, became the acting director. Trump, citing an earlier federal law, claimed he had authority to appoint an acting director and selected Mulvaney, the director of the Office of Management and Budget. Mulvaney has been an outspoken critic of the CFPB and, while he served in Congress, voted to weaken the agency?s authority and questioned its existence. Ms. English brought suit to challenge Trump?s effort.

?The CFPB must remain independent of politics and must be led by someone who genuinely believes in the Bureau's mission,? said Attorney General Mills. ?The CFPB has been a crucial partner in protecting consumers in Maine and across the country. I will fight for it to remain an agency that protects everyday consumers, not corporate interests.?

Since the CFPB began operations in 2011, the agency has handled more than a million consumer complaints and returned nearly $12 billion to the pockets of more than 29 million consumers wronged by financial institutions ? five times more than the agency itself costs taxpayers to fund. Among other efforts to help consumers, the CFPB has reached multiple settlements with banks, debt collectors, and other predatory lenders. Recently, partnering with several state attorneys general, the CFPB acted against several predatory for-profit colleges, forcing them to pay restitution to consumers the schools lured in with unrealistic promises of a degree and gainful employment.

The amicus brief argues that allowing President Trump to circumvent the law regarding who serves as acting director seriously compromises the agency?s independence. ?Attempts to dismantle Congress?s careful and concerted efforts in structuring the CFPB as a truly independent agency would, if successful, harm the Amici States? ability to enforce the many consumer financial laws that protect their residents,? the brief says.

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Supporting documents

Amicus re: English v. Mulvaney

Attorney General Janet Mills to FCC: Delay rulemaking for Net Neutrality

December 14, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887; 751-5892

Attorney General Janet Mills to FCC: Delay rulemaking for Net Neutrality

AUGUSTA ? Attorney General Janet Mills and 17 other Attorneys General wrote to the Federal Communications Commission (FCC) asking the Commission to delay its rulemaking deadline because of falsified comments made to the FCC.

?A careful review of the publicly available information revealed a pattern of fake submissions using the names of real people. In fact, there may be over one million fake submissions from across the country. This is akin to identity theft on a massive scale ? and theft of someone?s voice in a democracy is particularly concerning,? wrote the Attorneys General.

Attorney General Mills announced her opposition to the FCC?s stated intention to reverse Net Neutrality rules when the pending vote was announced in November, and is reviewing the proposal and discussing options with other attorneys general to protect consumers? rights.

Since then the Attorney General?s office has received complaints from Maine residents who have found comments submitted in their name to the FCC in support of the proposed rule change that they did not submit.

Attorney General Mills, along with 12 other attorneys general, also submitted comments to the FCC in opposition to the Notice of Proposed Rulemaking when it was originally announced in July.

?This is an assault on the public commons. Individuals and businesses use the Internet every day to do our banking, to pay our bills, to do our schoolwork, and to do our jobs,? said Attorney General Mills. ?This proposal will allow service providers to limit and slow down access to information based on their values and economic interests. The idea that we should all be able to access the same parts of the web and use applications freely, without interference from a provider, is critical to the free exchange of ideas fundamental to our democracy.?

The Attorneys General ended the letter by writing, ?It is essential that the Commission gets a full and accurate picture of how changes to net neutrality will affect the everyday lives of Americans before they can act on such sweeping policy changes?

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Supporting documents

Letter to FCC

Attorney General Janet Mills will Join Multistate Lawsuit to Stop Rollback of Net Neutrality

AUGUSTA ? Attorney General Janet Mills announced today that she will join the multistate lawsuit being led by New York Attorney General Eric T. Schneiderman against the Federal Communications Commission (FCC) to stop the rollback of net neutrality.

The FCC?s vote to rollback net neutrality allows Internet Services Providers to slow or block access to certain sites or mobile applications, upending the idea of ?net neutrality? that has allowed ideas and commerce to flourish across the web. Additionally, the vote follows a public comment process that has been viewed as fatally flawed and tainted by ?fake? comments submitted during the FCC?s comment process in which nearly two million comments stole the identities of Americans from across the United States. New York AG Schneiderman reports that over 400,000 ?fake? comments from New York, Florida, Texas and California have been discovered to date.

?This rollback of the net neutrality rule is terrible for consumers, individuals and businesses who use the Internet daily to do banking, pay bills, do schoolwork, and do their jobs,? said Attorney General Mills. ?Additionally, if we as Americans cannot trust our government to conduct a truthful and legitimate comment period for one of the most significant regulatory rollbacks in this country?s history, how can we trust that this is the right decision? The FCC?s decision to vote on this matter during an ongoing investigation sends a bad message about their agenda. We should not tolerate this, and I am hopeful that other states will join us in opposing the FCC?s action,? added Mills.

The multistate lawsuit will be filed in the coming weeks.

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Attorney General Janet Mills will Join Multistate Lawsuit to Stop the Rollback of Net Neutrality

December 15, 2017

AUGUSTA ? Attorney General Janet Mills announced today that she will join the multistate lawsuit being led by New York Attorney General Eric T. Schneiderman against the Federal Communications Commission (FCC) to stop the rollback of net neutrality.

The FCC?s vote to rollback net neutrality allows Internet Services Providers to slow or block access to certain sites or mobile applications, upending the idea of ?net neutrality? that has allowed ideas and commerce to flourish across the web. Additionally, the vote follows a public comment process that has been viewed as fatally flawed and tainted by ?fake? comments submitted during the FCC?s comment process in which nearly two million comments stole the identities of Americans from across the United States. New York AG Schneiderman reports that over 400,000 ?fake? comments from New York, Florida, Texas and California have been discovered to date.

?This rollback of the net neutrality rule is terrible for consumers, individuals and businesses who use the Internet daily to do banking, pay bills, do schoolwork, and do their jobs,? said Attorney General Mills. ?Additionally, if we as Americans cannot trust our government to conduct a truthful and legitimate comment period for one of the most significant regulatory rollbacks in this country?s history, how can we trust that this is the right decision? The FCC?s decision to vote on this matter during an ongoing investigation sends a bad message about their agenda. We should not tolerate this, and I am hopeful that other states will join us in opposing the FCC?s action,? added Mills.

The multistate lawsuit will be filed in the coming weeks.

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Attorney General Janet Mills to U.S. Transportation Secretary: Don?t withdraw rule requiring airlines to disclose baggage fees up front

December 19, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE
CONTACT: Andrew Roth-Wells

Telephone: (207) 626-8887

Attorney General Janet Mills to U.S. Transportation Secretary: Don?t withdraw rule requiring airlines to disclose baggage fees up front

AG Mills joins coalition of 16 AGs calling on Trump Administration to implement rule to require airlines to disclose hidden fees

AUGUSTA ? Attorney General Janet Mills joined a coalition of 16 Attorneys General asking the Trump administration to adopt the rule requiring airlines and third-party booking companies to disclose baggage fees and other charges up front, allowing passengers to know the true cost of travel.

The Transparency of Airline Ancillary Service Fees rule, proposed in January 2017, would make it easier for consumers to understand the full cost of their plane tickets. When a customer books a ticket, the baseline price is typically all that is shown. Carry-on baggage fees, checked baggage fees, seat fees, and other costs are not disclosed until booking is nearly complete ? sometimes even after tickets are purchased. The rule would require airlines to post all fees up front, instead of surprising consumers at the end of the booking process.

The AGs are asking U.S. Department of Transportation Secretary Elaine Chao in a letter today to adopt the rule. U.S. airlines are expected to earn $57 billion from these fees this year -$7 billion from baggage fees alone.

?Consumers want more transparency in pricing, not less. Hidden fees should absolutely be discouraged,? said Attorney General Mills. ?Families on tight budgets, businesses with set costs, people traveling for emergencies, all should be able to see up front exactly what a trip will cost. The Trump Administration should implement these baggage fee disclosure rules.?

The Attorneys General of California, Connecticut, Delaware, Iowa, Maine, Massachusetts, Maryland, Mississippi, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Vermont, Washington and the District of Columbia signed today?s letter.

The Transportation Department announced earlier this month it was planning to withdraw the rule, which was proposed during the final days of the Obama administration. The department said in a notice posted online that the rule would have been ?of limited public benefit.? ?Nothing could be further from the truth,? said AG Mills. ?In fact, there is no public benefit in withdrawing the rule.?

According to a 2016 study cited by the Attorneys General in their letter to Secretary Chao, travelers paid an average of $100 in fees per round-trip on Spirit airlines, $97 on Frontier and $86.92 on United. ?We regularly hear reports from consumers in our states who are confused and frustrated by these fees, which significantly alter the total cost of travel,? the Attorneys General wrote.

The Attorneys General letter details many different fees that airlines are now charging consumers for basic services which were previously considered standard services covered by the basic ticket price. In addition to baggage fees, some airlines charge for printing boarding passes at the airport, allowing passengers to select seats and even for helping children who are traveling by themselves.

?It is critical that consumers are able to quickly and easily determine and understand the full costs of their travel to make informed choices,? the letter states. The Attorneys General wrote that while they are committed to working collaboratively with the Transportation Department to protect consumers and ensure that the country?s aviation industry is able to grow, ?this decision by your Department works against those goals, making it harder for Americans to be informed consumers when they travel.?

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Supporting documents

Letter to DOT

Attorney General Janet T. Mills joins other state attorneys general in announcing a $13.5 million multistate settlement with Boehringer Ingelheim Pharmaceuticals, Inc.

December 20, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE

CONTACT: Andrew Roth-Wells

Telephone: (207) 626-8887

Attorney General Janet T. Mills joins other state attorneys general in announcing a $13.5 million multistate settlement with Boehringer Ingelheim Pharmaceuticals, Inc.

AUGUSTA ? Attorney General Janet Mills and attorneys general from 49 other states and the District of Columbia have reached a $13.5 million settlement with Boehringer Ingelheim Pharmaceuticals, Inc. (BIPI) for alleged off-label marketing and deceptive practices used to promote four prescription drugs: Micardis?, Aggrenox?, Atrovent?, and Combivent?.

The multistate settlement resolves allegations that BIPI engaged in unfair and deceptive practices including representing that these prescription drugs had approvals, characteristics, ingredients, benefits, or qualities that they do not have.

Specifically, the States allege BIPI: (1) misrepresented that its antiplatelet drug, Aggrenox?, was effective for many conditions, such as heart attacks and congestive heart failure, and that it was superior to Plavix? without having evidence to substantiate that claim; (2) misrepresented that Micardis? protected patients from early morning strokes and heart attacks and treated metabolic syndrome; (3) misrepresented that Combivent? could be used as a first-line treatment for bronchospasms associated with chronic obstructive pulmonary disease (COPD); and (4) falsely stated that Atrovent? and Combivent? could be used at doses that exceeded the maximum dosage recommendation in the product labeling, and that they were essential for treatment of COPD.

?Deceiving people with serious health conditions about what a prescription drug will do for them is appalling behavior that takes advantage of people when they are at their most vulnerable,? stated Attorney General Mills. ?This conduct cannot be tolerated.?

The Consent Judgment requires BIPI to ensure that its marketing and promotional practices do not unlawfully promote these prescription drug products by:

? Limiting product sampling of these drugs to health care providers whose clinical practice is consistent with the product labeling;

? Refraining from offering financial incentives for sales that may indicate off-label use of any of these drugs;

? Ensuring clinically relevant information is provided in an unbiased manner that is distinct from promotional materials; and

? Providing that requests for off-label information regarding any of these drugs are referred to BIPI?s Medical Division.

The company will reimburse the Maine Attorney General?s office $144,140 for expenses related to consumer protection.

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Supporting documents

BIPI Consent Judgement

BIPI Complaint

Attorney General Janet Mills joins 13 states calling on Congress to reject ?deep and damaging? EPA cuts, anti-environmental budget riders

December 21, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE

CONTACT: Andrew Roth-Wells

Telephone: (207) 626-8887

Attorney General Janet Mills joins 13 states calling on Congress to reject ?deep and damaging? EPA cuts, anti-environmental budget riders

Proposed budgets would mean more polluted air, water, and communities ? cutting vital programs like enforcement, scientific research, and environmental justice, while undermining Clean Water and Clean Air Acts and limits on climate change pollution

AUGUSTA ? Attorney General Janet Mills joined a coalition of 13 states calling on the U.S. Senate and House of Representatives to reject ?deep and damaging? cuts in funding for the Environmental Protection Agency (EPA) and anti-environmental riders in federal budget bills. In a letter to Congressional leadership, the coalition charges that the EPA cuts and riders currently proposed by both houses ?will lead to more pollution of our air, water, and communities, and an accompanying increase in damage to public health.? The coalition is urging Congress to pass a final budget that fully funds EPA and omits any anti-environmental riders.

?Maine has been a leader in the fight for clean water and clean air since Senator Ed Muskie championed the original Clean Water Act,? said Attorney General Mills. ?In Maine, we hunt, fish, and hike year-round and these proposed cuts to the EPA will severely damage Maine?s environment and economy if passed. Maine?s $6 billion tourist economy, which depends on Maine?s natural resources, will be harmed by these cuts.?

Congress is reported to be negotiating with the Trump Administration on a final fiscal year 2018 budget for the EPA based on the House-passed Interior, Environmental, and Related Agencies FY 2018 appropriations bill (H.R. 3354) and the Senate Appropriations Committee Chairman?s Mark for FY 2018 appropriations for these agencies. While not as draconian as the $2.4 billion in EPA cuts originally proposed by the Trump Administration, the House-passed budget bill would still cut the EPA?s budget by $650 million; the Senate bill would cut the EPA?s budget by $150 million. These budget cuts would leave the EPA with its smallest budget since 1986, adjusting for inflation, and would especially devastate the EPA?s core programs ? even more so than the Trump Administration?s original proposal.

The bulk of the proposed cuts fall on central activities of EPA ? environmental enforcement and compliance assurance, setting environmental standards, issuing permits, monitoring emissions, and providing technical and legal assistance to enforcement, compliance, and oversight. The House reduces funding for EPA?s core programs by 24 percent ? an even deeper cut for these programs than proposed in the Trump Administration?s original budget ? while the Senate shrinks this funding by 10 percent. The House and Senate budgets would likely cut EPA?s workforce by over one-quarter.

One of the programs important to Maine that is reduced in the Senate proposal is the Diesel Emissions Reduction Act, which provides grants to Maine school districts, which use them to upgrade to cleaner, more efficient buses. Commercial fisherman also use these grants to convert their boats to cleaner burning engines.

The cuts also threaten funds sent to Maine DEP to monitor and enforce clean air and clean water rules in Maine. But any reduction in enforcement of clean air rules throughout the country will have a significant impact on Maine. Maine has one of the highest rates of childhood asthma in the nation which is exacerbated by being downwind of coal fired plants in the Midwest. Asthma costs Maine an estimated $14.3 million in lost productivity and nearly $173 million in direct medical costs each year.

Earlier this month Attorney General Mills joined a lawsuit against the EPA for failing to meet Clean Air Act deadlines.

Both the Senate and House follow the Trump Administration?s lead targeting EPA programs that protect the health of disadvantaged communities, proposing a 10 percent and 15 percent cut, respectively, in funding for the EPA Office of Environmental Justice. Further, the House-passed budget attacks funding critical for protecting the health of some of our nation?s most important waterbodies.

The coalition?s letter highlights concerns about the Senate?s proposal to eliminate EPA?s Integrated Risk Information System (IRIS) program, which, among other things, plays a fundamental role in the setting of national drinking water standards. The coalition letter notes that drinking water supplies across the country are now contaminated with the toxic industrial chemicals perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). PFOA and PFOS are currently unregulated under the federal Safe Drinking Water Act, with no national monitoring or enforcement mechanism in place to address their risk to the public. The coalition letter states, ?the elimination or reduction of the IRIS program will likely delay, if not end, progress toward effective, science-based regulation of these dangerous chemicals, and toward ensuring the health and safety of the water Americans drink?.

The letter also flags several troubling policy riders added to the EPA funding bills, including those that would:

? Create a dangerous precedent by allowing EPA to by-pass federal law and allow the Trump Administration to shut the public out of its planned repeal and replacement of the ?Waters of the United States? rule ? regulations that define which waters will received protection under the federal Clean Water Act.

? Delay the implementation of health-based standards for smog pollution for 10 years ? even though 115 million Americans currently breathe air with harmful levels of smog.

? Block common-sense regulations for controlling emissions of the potent greenhouse gas methane from the oil and natural gas industry. Controlling methane ? which saves the industry money from the recovery of valuable natural gas ? also reduces emissions of smog-forming pollutants, and hazardous air pollutants, including benzene and formaldehyde.

Finally, the coalition letter notes that there is a strong argument that more ? not less ? funding for EPA is needed. It is clear that funding that the EPA provides to states and municipalities has not been sufficient for them to keep pace with the burgeoning challenge of providing safe drinking water and properly treating wastewater.

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Supporting documents

Attorney General Janet Mills joins other State Attorneys General and State Mortgage Regulators in $45 million settlement with PHH Mortgage Corporation

January 3, 2018

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE

CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Attorney General Janet Mills joins other State Attorneys General and State Mortgage Regulators in $45 million settlement with PHH Mortgage Corporation

AUGUSTA ? Attorney General Janet Mills, 48 other state attorneys general, the District of Columbia and over 45 state mortgage regulators have reached a $45 million settlement with New Jersey-based mortgage lender and servicer PHH Mortgage Corporation.

The settlement resolves allegations that PHH, the nation?s ninth largest non-bank residential mortgage servicer, improperly serviced mortgage loans from January 1, 2009 through December 31, 2012. The agreement requires PHH to adhere to comprehensive mortgage servicing standards, conduct audits, and provide audit results to a committee of states. The settlement does not release PHH from liability for conduct that occurred beginning in 2013.

The harm sustained by some PPH customers includes payment of improper fees and charges, misapplication of payments, dual tracking activity, and loss of homes due to improper, unlawful, or undocumented foreclosures.

?This settlement holds PHH accountable for threatening to foreclose and foreclosing on Maine homeowners,? said Attorney General Mills. ?This agreement provides monetary relief to 293 Maine homeowners and requires the company to live up to new standards mortgage servicing.?

The settlement includes $30.4 million in payments to borrowers and a separate payment to state mortgage regulators.

Borrowers who were foreclosed on by PHH during the eligible period will qualify for a minimum $840 payment, and borrowers who were threatened with foreclosures that PHH initiated during the eligible period, but who did not lose their home, will receive a minimum $285 payment. A settlement administrator will contact eligible recipients at a later date.

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Supporting documents

PHH judgement

PHH complaint

Dr. Lisa R. Funte sworn in as Deputy Chief Medical Examiner

January 3, 2018

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE

CONTACT: Andrew Roth-Wells Telephone: (207) 626-8887

Dr. Lisa R. Funte sworn in as Deputy Chief Medical Examiner

AUGUSTA ? Attorney General Janet Mills swore in Dr. Lisa R Funte as Maine?s Deputy Chief Medical Examiner at the Office of the Chief Medical Examiner on Wednesday, January 3.

Dr. Funte most recently served as the Deputy Chief Medical Examiner in Mississippi for 5 years and has worked as a medical examiner since 2006. She has also taught undergraduates and medical students in biology and pathology for 30 years.

?We are excited to have a person with Dr. Funte?s experience join the Medical Examiner?s team,? said Attorney General Mills. ?With drug overdoses occurring at the rate of one a day, we welcome Dr. Funte?s help in addressing this crisis along with other unattended deaths across the state.?

Caption: Attorney General Janet Mills (left) and Dr. Marc Flomenbaum (right) congratulate Dr. Lisa R. Funte after she is sworn in as Maine?s Deputy Chief Medical Examiner.

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Supporting documents

Deputy Chief Medical Examiner

Attorney General Janet Mills Applauds Nationwide Injunction by Federal Court Against the Trump Administration?s Rescission of the DACA Program

January 10, 2018

Attorney General Janet Mills applauded the ruling of the federal court in California, issued late last night, that permits hundreds of thousands of law-abiding hard-working young people brought from other countries at a young age, to keep their jobs and remain in school in Maine and across the nation.

?People working in Maine, going to school in Maine, paying taxes in Maine and contributing to our economy, should not live under the threat of being arrested and deported to some war-torn country they never knew, risking their lives and their families? security,? Attorney General Mills stated.

Maine was a plaintiff in the action, with three other states, in a case that was joined with suits brought by the University of California, the Service Employees International Union Local 521 and others. The case was argued in December, and all plaintiffs welcomed last night?s ruling by Federal District Court Judge William Alsup.

Deferred Action For Childhood Arrivals, or ?DACA,? is the federal government?s program to postpone deportation of undocumented immigrants brought to America as children and, pending action in their cases, to assign them work permits allowing them to obtain social security numbers, pay taxes, and become part of the mainstream economy.

DACA grew out of a long agency history of discretionary relief programs going back to at least 1956, under Presidents Eisenhower, Reagan and George H.W. Bush, providing a pathway to lawful permanent residency in the United States for broad categories of individuals, including victims of domestic violence, foreign born orphans adopted by American parents, victims of human trafficking, and refugees fleeing the Hungarian revolution in the 1950?s. DACA, adopted in 2012 as an exercise in prosecutorial discretion, requires that the individual (1) have come to the United States before the age of sixteen and been under the age of thirty-one in 2012; (2) have been present in the United States on June 15, 2012; (3) have continuously resided in the United States for at least the prior five years; (4) have been enrolled in school, graduated from high school, obtained a GED, or been honorably discharged from the United States military or Coast Guard; and (5) not pose a threat to national security or public safety. The program requires substantial documentation from the applicant on all of these elements.

The program allows individuals to obtain social security numbers and become "eligible to become legitimate taxpayers and contributing members of our open economy.?

In Maine, this program has meant that more than one hundred people have met these stringent qualifications and are contributing to Maine?s diminishing young work force.

Across the country, there are nearly 700,000 active DACA recipients, nearly all of whom are working legitimate jobs and/or enrolled in school. These individuals under the program are entitled to a measure of safety from detention and removal for a period of two years, subject to termination at any time in any individual case.

On September 11, 2017, Maine, along with California, Maryland and Minnesota, filed suit alleging that the loss of their residents? DACA status and work authorizations will injure their public colleges and universities, upset the states? workforces, disrupt the states? statutory and regulatory interests, cause harm to hundreds of thousands of their residents, damage their economies, and hurt companies based in these states.

The federal court last night ruled that plaintiffs are likely to succeed on the merits of their claim that the Trump administration?s rescission of DACA was ? based on a flawed legal premise and was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.?

The court also ruled that many of the plaintiffs have "clearly demonstrated that they are likely to suffer serious irreparable harm absent an injunction. Before DACA, individual plaintiffs, brought to America as children, faced a tough set of life and career choices turning on the comparative probabilities of being deported versus remaining here. DACA gave them a more tolerable set of choices, including joining the mainstream workforce. Now, absent an injunction, they will slide back to the pre-DACA era and associated hardship.?

The court also ruled that the public interest requires a nationwide injunction against the Trump administration:

"For the reasons DACA was instituted, and for the reasons tweeted by President Trump, this order finds that the public interest will be served by DACA?s continuation.? ?Beginning March 5, absent an injunction, one thousand individuals per day, on average, will lose their DACA protection. The rescission will result in hundreds of thousands of individuals losing their work authorizations and deferred action status. This would tear authorized workers from our nation?s economy and would prejudice their being able to support themselves and their families, not to mention paying taxes to support our nation. Too, authorized workers will lose the benefit of their employer-provided healthcare plans and thus place a greater burden on emergency healthcare services.?

Attorney General Mills noted that the order does not protect any individuals who pose a risk to public safety. The order says, nothing "prohibits the government from proceeding to remove any individual, including any DACA enrollee, who it determines poses a risk to national security or public safety, or otherwise deserves, in its judgment, to be removed. Nor does this order bar the agency from granting advance parole in individual cases it finds deserving, or from granting deferred action to new individuals on an ad hoc basis.?

"With respect to geographical scope, this order finds a nationwide injunction is appropriate,? the court ruled. ?Our country has a strong interest in the uniform application of immigration law and policy?.The problem affects every state and territory of the United States.?

AG Mills noted, the end of the first quarter of 2017, the United States Citizenship and Immigration Services had accepted 134 initial applications for DACA in Maine and 410 renewal applications since 2012. Because the majority of these individuals are gainfully employed in Maine, the estimated GDP loss in Maine from removing DACA workers is $3.97 million.

DACA-eligible individuals contribute $330,000 a year in state and local taxes. Many Maine employers ? from electronics manufacturers to meat processors ? have struggled to find the workers they need to expand and to keep growing in our state.

?There is no doubt about it. This ruling by the federal court will save lives and help keep the Maine economy growing,? Mills stated.?


Attorney General Janet Mills Joins Suit to Stop Rollback of Net Neutrality

January 16, 2018

ATTORNEY GENERAL JANET MILLS FILES SUIT TO STOP ILLEGAL ROLLBACK OF NET NEUTRALITY

Coalition of 22 Attorneys General Files Petition for Review, Formally Commencing Lawsuit

Today Attorney General Janet Mills joined a coalition of 22 Attorneys General in filing a multistate lawsuit to block the Federal Communications Commission?s rollback of net neutrality. The coalition filed a petition for review in the U.S. Court of Appeals for the D.C. Circuit, formally commencing the lawsuit against the FCC and the federal government.

The FCC?s vote to rollback net neutrality allows Internet Services Providers to slow or block access to certain sites or mobile applications, doing away with ?net neutrality? that has allowed ideas and commerce to flourish across the web. Additionally, the vote followed a public comment process that was flawed and tainted by ?fake? comments submitted during the FCC?s comment process in which nearly two million comments stole the identities of Americans from across the United States. New York Attorney General Eric Schneiderman reported that over 400,000 ?fake? comments from New York, Florida, Texas and California were discovered.

?The rollback of the net neutrality rule is bad news for consumers, individuals and businesses who use the Internet daily to do banking, pay bills, do schoolwork, and do their jobs,? said Attorney General Mills. ?Additionally, if we as Americans cannot trust our government to conduct a truthful and legitimate process for one of the most significant regulatory rollbacks in this country?s history, how can we trust that this is the right decision? The FCC?s decision to vote on this matter during an ongoing investigation sends a bad message about their agenda. I am pleased to join Attorneys General from across the country in this important lawsuit to preserve and promote the public commons,? added Mills.

The multistate lawsuit was filed today in Federal Court and can be found here:

https://ag.ny.gov/sites/default/files/petition-filed.pdf

Supporting documents

ATTORNEY GENERAL JANET MILLS SIGNS ONTO BIPARTISAN SUPPORT FOR REVIEW OF FEDERAL BANKING REGULATIONS AS THEY APPLY TO MARIJUANA

January 16, 2018

ATTORNEY GENERAL JANET MILLS SIGNS ONTO BIPARTISAN SUPPORT FOR REVIEW OF FEDERAL BANKING REGULATIONS AS THEY APPLY TO MARIJUANA

Attorney General Janet Mills today signed onto a letter submitted by a bipartisan group of 19 Attorneys General to Congressional leaders urging them to review federal banking regulations as they apply to the growing marijuana industry in states that have legalized marijuana. The letter requests legislation that would provide a safe harbor for institutions that provide financial services to covered businesses in states that have implemented laws and regulations that ensure accountability in the marijuana industry.

?The federal government needs to bring its practices in line with the states that have seen fit to legalize marijuana, encouraging those businesses to use established banking institutions and to protect those financial institutions from federal sanction. We need to do away with cash based transactions that carry with them a lack of accountability and that sometimes lead to violent crime,? said Attorney General Janet Mills.

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Supporting documents

Final letter of bipartisan support on federal banking regulations as relating to marijuana

Attorney General Janet Mills Joins Multistate Coalition Urging U.S. Supreme Court to Protect Workers? Organizing Rights in Key Labor Case

January 22, 2018

Attorney General Janet Mills Joins Multistate Coalition Urging U.S. Supreme Court to Protect Workers? Organizing Rights in Key Labor Case.

21 Attorneys General File Amicus Brief in Mark Janus v. AFSCME Council 31, Urging SCOTUS to Follow Precedent That Empowers States to Manage Labor Relations As They Deem Appropriate.

Attorney General Janet Mills today announced that she is joining coalition of 21 Attorneys General in filing an amicus brief urging the U.S. Supreme Court to uphold a Seventh Circuit decision protecting ?fair share? provisions in public sector collective bargaining agreements. The brief addresses Mark Janus v. AFSCME Council 31, a case that will be heard on February 26, 2018, that seeks to overrule precedent settled in the 1977 Supreme Court case Abood v. Detroit Board of Education, which states have relied upon for decades to negotiate labor contracts and ensure labor peace and efficient provision of government services. The brief argues that the Supreme Court should defer to states? judgment on how best to manage their workforces.

?Maine law permits, but does not require ?fair share? provisions as part of a collective bargaining agreement for public sector employees. The brief supports the rights of the States to continue to have the flexibility to negotiate such provisions as the States see fit. The Supreme Court has approved the use of ?fair share? in the private sector, and, as recently as 2009 has upheld Maine?s ?fair share? requirement,? said Attorney General Janet Mills.

The brief https://ag.ny.gov/sites/default/files/janusstatesamicus.pdf was led by New York Attorney General Eric Schneiderman and filed by the Attorneys General of New York, Alaska, Connecticut, Delaware, Hawaii, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

The ?fair share? provisions in public sector collective bargaining agreements allow a union -- selected by a majority of covered employees to serve as those employees? exclusive collective-bargaining representative -- to collect a fee from all represented employees, solely to cover the costs of the union?s collective-bargaining related activities. Such fees do not support any political activities in which the union may engage. In Abood v. Detroit Board of Education, the Supreme Court held that states may constitutionally mandate such payments as part of a system of exclusive collective bargaining representation, in light of the important government interests in achieving labor peace and the expenses involved in maintaining the staff expertise necessary to perform collective-bargaining functions. The plaintiffs seek to undermine the precedent set by Abood. The district court entered judgment in favor of defendants on the pleadings and the Seventh Circuit summarily affirmed, holding that Abood bars the plaintiffs? claims. The Supreme Court then granted plaintiffs? petition for certiorari.

The brief filed by the Attorneys General argues that public sector ?fair share? provisions are consistent with the First Amendment, and that overruling Abood?s approval of those provisions would disrupt thousands of labor agreements that States have adopted and maintained for decades. All states have a common interest in defending Abood?s deference to state policy determinations, and in preserving the ability of states to adopt the same tested models of collective bargaining that Congress has permitted for private-sector employees.

?In the decades before Abood, many States faced paralyzing public-sector strikes and labor unrest that jeopardized public order and safety. The relative success of state labor-relations systems in preserving public-sector labor peace should not be mistaken for evidence that the leeway afforded by Abood is no longer needed. To the contrary, that success is evidence that Abood works because it confirms that states and local governments have used the flexibility allowed by Abood to adopt policies best tailored to meet their needs in achieving labor peace. That flexibility is no less critical today than when Abood was decided. Now, as before, labor peace secures the uninterrupted function of government itself and is a necessary precondition for the secure and effective provision of government services,? the brief states.

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Attorney General Janet Mills Addresses Case of Former Lincoln County Deputy Kenneth Hatch

January 26, 2018

AUGUSTA - Maine Attorney General Janet Mills offered the following statement in relation to the disposition of the case against former Lincoln County Deputy Kenneth Hatch.

?We support the victims, these brave survivors. We believe them. Unfortunately, the jury did not find beyond a reasonable doubt that Mr. Hatch was guilty of these crimes. Fortunately, he will never work in law enforcement again.

Now we must all work harder than ever to prevent this conduct from occurring in the first place. We must change the culture so that no one feels afraid to speak up, no one is coerced or intimidated into having sex without consent and no one feels they can use a position of power or authority to prey on others who are younger or less powerful than they.

We applaud the women in this case for speaking up and only regret that the jury did not convict Mr. Hatch and that significant legal issues prevented a retrial.?

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Attorney General Janet Mills today applauded the success of the Civil Rights Team Project in its twenty-second year

AUGUSTA - In 2017 the Civil Rights Team Project trained 1,545 students and partnered with nearly two hundred public, private and charter schools, supporting student civil rights teams in their efforts to create a safe environment for all students. One of the more popular school based offerings, the local civil rights teams allow students to create novel approaches to encountering bias in their schools and communities. The program costs nothing to local schools and is entirely voluntary.

In May 2017 the Project hosted a statewide conference which brought together more than 550 Maine high school and middle school students from 55 schools who are part of their local civil rights teams. Student-led workshops discussed the challenges of immigrant and minority youth who face language barriers, bias and intimidation. Children from India, Iraq, Syria, Bangladesh and Lebanon spoke about the difficulties they face being accepted in their schools.

The Civil Rights Team Project has been housed in the Attorney General?s Office since the fall of 1996 and is headed for the last ten years by trained educator Brandon Baldwin. Given the number of young people from different cultures and backgrounds that are very different from the historical norms in Maine, and given the rise in bias and hate crimes, the Project is more in demand than ever before.

In addition to the Civil Rights Team Project, the Office of the Attorney General brings court actions for injunctive relief against people who intentionally interfere or attempt to interfere with the civil rights of other persons by physical force or violence or damage or destruction of property. In the last two years the Office has brought lawsuits against several dozen individuals for civil rights violations, some of them involving extreme threats and assaultive behavior based solely on the race, religion, ethnicity or sexual orientation of the person attacked.

?I am proud of the work of our Civil Rights Team Project,? Attorney General Mills said. ?Every child in Maine deserves a promising future and an equal chance at a good education and decent quality of life. That means we must address hate crimes based on cultural biases. Many of our predecessors came from foreign lands seeking freedom to practice their craft and their faith. Many of them faced hostility and discrimination. We must seek equality and freedom, as they did then, for all Mainers now, new or old. And that work begins with our youth.?

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Attorney General Janet Mills today applauded the success of the Civil Rights Team Project in its twenty-second year

January 30, 2018

AUGUSTA - In 2017 the Civil Rights Team Project trained 1,545 students and partnered with nearly two hundred public, private and charter schools, supporting student civil rights teams in their efforts to create a safe environment for all students. One of the more popular school based offerings, the local civil rights teams allow students to create novel approaches to encountering bias in their schools and communities. The program costs nothing to local schools and is entirely voluntary.

In May 2017 the Project hosted a statewide conference which brought together more than 550 Maine high school and middle school students from 55 schools who are part of their local civil rights teams. Student-led workshops discussed the challenges of immigrant and minority youth who face language barriers, bias and intimidation. Children from India, Iraq, Syria, Bangladesh and Lebanon spoke about the difficulties they face being accepted in their schools.

The Civil Rights Team Project has been housed in the Attorney General?s Office since the fall of 1996 and is headed for the last ten years by trained educator Brandon Baldwin. Given the number of young people from different cultures and backgrounds that are very different from the historical norms in Maine, and given the rise in bias and hate crimes, the Project is more in demand than ever before.

In addition to the Civil Rights Team Project, the Office of the Attorney General brings court actions for injunctive relief against people who intentionally interfere or attempt to interfere with the civil rights of other persons by physical force or violence or damage or destruction of property. In the last two years the Office has brought lawsuits against several dozen individuals for civil rights violations, some of them involving extreme threats and assaultive behavior based solely on the race, religion, ethnicity or sexual orientation of the person attacked.

?I am proud of the work of our Civil Rights Team Project,? Attorney General Mills said. ?Every child in Maine deserves a promising future and an equal chance at a good education and decent quality of life. That means we must address hate crimes based on cultural biases. Many of our predecessors came from foreign lands seeking freedom to practice their craft and their faith. Many of them faced hostility and discrimination. We must seek equality and freedom, as they did then, for all Mainers now, new or old. And that work begins with our youth.?

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Attorney General Mills and FTC take joint enforcement action against advertiser and telemarketer of supplements

February 6, 2018

Attorney General Mills and Federal Trade Commission take joint enforcement action against advertiser and telemarketer of supplements

Agency provided deceptive radio ads and telemarketing to Southern Maine-based ?Direct Alternatives? to promote weight-loss products.

AUGUSTA ? Maine Attorney General Janet T. Mills today announced that the Federal Trade Commission and the Maine Attorney General?s Office have agreed to settle their case against Minnesota-based Marketing Architects, Inc., (?MAI?) for its role in promoting weight loss supplements ?AF Plus? and ?Final Trim.? Attorney General Mills and the FTC previously sued and obtained a judgment against Direct Alternatives, of Portland, Maine, for marketing these products. Marketing Architects created radio ads for these products and provided automated telemarketing services to Direct Alternatives to take orders from consumers responding to the ads.

Attorney General Mills and the FTC allege in a federal court complaint that the ads and Marketing Architects? telemarketing system made false, misleading, or deceptive claims and that the company failed to fully disclose critical terms to consumers. The proposed settlement bars the company from making weight-loss claims about dietary supplements that are false. The company has also agreed to pay $2 million to the FTC and to the Maine Attorney General?s Office which may be used for restitution consumers who purchased these products.

?When consumers hear ads promising significant weight loss, or specific amounts of weight, they should check with their doctors first,? said Attorney General Janet T. Mills. ?That is good practice for any dietary supplement. Even if the ad suggests that a listener must act quickly or risk missing the chance to purchase, don?t take the bait. Call your doctor instead. And if a company promises you can use a product ?risk-free? or as a ?trial?, but then asks for your credit card, hang up the phone and research the product first on the Internet or by calling my office or the Better Business Bureau.?

The joint complaint alleges that ads created and disseminated by MAI falsely or deceptively claimed that users could lose 30 pounds or more and ?experience maximum weight loss ? pounds in days.? One telemarketing script claimed: ?With the metabolism-boosting benefits of AF Plus, you can keep eating your favorite foods and STILL lose pounds and inches ? in fact we guarantee it!? The complaint alleges that ads stated that these claims were ?proven? but in fact lacked scientific support. The complaint further alleges that MAI created fictitious users of the products and pitched ads deceptively as health news, announcements of studies, and public-service announcements. The complaint also alleges that MAI?s telemarketing system promised an ?absolutely risk-free? trial of the weight-loss products but did not adequately disclose that consumers actually faced the risk of being charged by being automatically enrolled in a monthly continuity shipment plan which they had to affirmatively cancel before an unspecified deadline.

Maine and the FTC filed the Complaint and the proposed Order in federal court in the District of Maine. The stipulated Order will have the force of law if and when approved and signed by a District Court judge upon reviewing the case.

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Supporting documents

Attorney General Janet Mills Joins Coalition to Oppose the Trump Administration?s Proposal to Rescind the Rule allowing Employees to Keep Tips

February 7, 2018

Attorney General Janet Mills Joins Coalition to Oppose the Trump Administration?s Proposal to Rescind the Rule allowing Employees to Keep Tips

AUGUSTA ? This week Attorney General Janet Mills joined a coalition of 17 Attorneys General in opposing the Trump Administration?s proposal to rescind a rule that allows employees to keep the tips they have earned. The rule issued in 2011 clarified that, consistent with custom and long-established understanding, gratuities are the sole property of employees. Under the Trump Administration?s proposed change, employers would be allowed to pocket tips earned by employees who are paid the federal minimum wage. According to the Economic Policy Institute, this change could result in employers taking up to $5.8 billion in earned tips from the pockets of working men and women. The U.S. Department of Labor (DOL), which is spearheading the rule change, reportedly shelved an economic analysis that highlighted the billions in tip earnings workers could lose.

?Maine law has long required that tips go to the employees who serve the customers, not to the employer. Hardworking men and women, especially those who are paid close to the minimum wage, depend on every penny they've earned to feed their families, keep a roof over their heads, and advance their education or careers,? said Attorney General Mills. ?We file our opposition today with a particular sense of urgency, given that the U.S. Department of Labor apparently ignored the economic analysis showing that workers could lose billions in earnings if the DOL?s proposed change goes into effect.?

Maine law provides that tips received by service employees are the property of the service employees and may not be shared with the employer. The proposed federal rule, which attempts to change the longstanding expectations of customers, employees and employers alike, will create unnecessary confusion between the different standards under federal and state laws.

The coalition of Attorney Generals opposing the proposed rule rescission includes, in addition to Attorney General Mills, California Attorney General Xavier Becerra, Illinois Attorney General Lisa Madigan, Pennsylvania Attorney General Josh Shapiro and the Attorneys General of: Connecticut, Delaware, Iowa, Maryland, Massachusetts, New York, North Carolina, Oregon, Rhode Island, Virginia, Vermont, Washington, and the District of Columbia.

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Supporting documents

Attorney General Janet Mills addresses the Downeast Correctional Facility Closure

February 9, 2018

AUGUSTA - The action of the Governor and the Department of Corrections flies in the face of the clear intent of the Legislature as expressed in the biennial budget, in statute and in the deliberations of the Joint Standing Committee on Criminal Justice and Public Safety. See the attached letter from this office of April 27, 2017 to Senator Joyce Maker. The Legislature has every right to protect an institution which not only provides needed rehabilitation services to persons convicted of crimes but is also an economic mainstay of one of Maine?s poorest counties.

We will continue to explore all possible actions in response to the numerous complaints this office has received about the closure of Downeast Correctional Facility.

Supporting documents

Attorney General Janet Mills Joins Bipartisan Coalition Urging Congress to Help Protect Employees From Sexual Harassment

February 14, 2018

AUGUSTA - Attorney General Janet Mills joined a bipartisan coalition of 56 states and territories urging Congress to end secret forced arbitration in cases of workplace sexual harassment. Too often employees are required to sign employment contracts containing arbitration agreements mandating that sexual harassment claims be resolved through private arbitration instead of through the judicial process. The secrecy surrounding these proceedings can protect serial violators and provide inadequate relief to victims.

?No employee should ever have to deal with sexual harassment in the workplace, and no victim of workplace sexual harassment should ever feel as though they do not have the right of access to our judicial system,? said Mills. ?Eliminating discontinuance of arbitration requirements in workplace sexual harassment cases will further empower victims to seek relief rather than stifle their voices.?

The Coalition letter sent Monday asks Congress to pass appropriately-tailored legislation to ensure that sexual harassment victims have a right to their day in court.

?Congress today has both opportunity and cause to champion the rights of victims of sexual harassment in the workplace by enacting legislation to free them from the injustice of forced arbitration and secrecy when it comes to seeking redress from egregious misconduct condemned by all concerned Americans,? states the letter cosponsored by Republican and Democratic attorneys general.

Attorneys general from the states, D.C. and five U.S. territories joined the letter: Alabama, Alaska, Arizona, Arkansas, Colorado, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands.

A copy of the letter is attached.

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Supporting documents

NAAG Letter to Congress

Attorney General Janet Mills Releases 2017 Maine State Drug Death Statistics

February 22, 2018

AUGUSTA - The State of Maine saw 418 drug-induced deaths in 2017, according to figures released today by Attorney General Janet Mills. Drug overdose deaths increased by 11% in 2017 over the previous year. The data was collected and analyzed by Marcella H. Sorg, PhD, of the Margaret Chase Smith Policy Center, under a contract with the Office of the Attorney General.

While the increase is not as significant as the nearly 40% increase in deaths in 2016 over the previous year, the number of deaths in 2017 was driven by a sharp increase of 27% in deaths due to illegal fentanyl and fentanyl analogs, while heroin deaths decreased. In addition, 2017 saw an increase in both cocaine and methamphetamine deaths and a decrease in deaths caused by benzodiazepines.

Most drug deaths were caused by two or more drugs, and the average cause of death involved 3 drugs. The vast majority of overdose deaths (85%) were caused by at least one opioid, including pharmaceutical and non-pharmaceutical (illegal) opioids. Most of the pharmaceutical opioids, or prescription drugs, were not prescribed for the decedent. Naloxone (Narcan) was detected in 31% of the decedents, which indicates that someone attempted to revive the individual but that attempt was too late.

The highest number of drug overdose deaths in 2017, or 26% of them, occurred in Cumberland County, with 57 of those deaths ? more than one a week ? occurring in Portland. York County saw 82 deaths, or 20% of the statewide total, with 23 of these in Biddeford. Penobscot County had the third highest number of deaths, with 65, or 16% of the total. The average age of drug overdose deaths has remained stable at 41, or close to the average age of the population of the state.

?Fentanyl has invaded our state,? noted Attorney General Mills, ?killing 247 people last year alone. Five of these deaths were due to the lethal drug carfentanil. When people ingest this powerful powder, they often believe it is heroin, and have been told it?s heroin,? Mills added. "But no one should take a chance with these substances. Even as dangerous as heroin is, fentanyl is hundreds times more likely to kill you. The equivalent of a few grains of fentanyl can take your life. It is so dangerous that the federal DEA has warned police and public safety personnel to guard against exposure to fumes from fentanyl powder.?

Illicit fentanyl and its analogs are manufactured in labs in China and often shipped into the United States through other countries and into Maine through Massachusetts and other states. Traffickers often lace heroin with fentanyl and sell fentanyl as heroin because fentanyl is cheaper to make and the profit margin for dealers is so much higher.

Attorney General Mills has served on two task forces, the Maine Opiate Collaborative and the Legislature?s Task Force to Address the Opiate Crisis, and has offered her own ten-point plan to address the opiate epidemic. A copy of the ten-point plan can be found at www.maine.gov/ag/news/index.shtml.

?Public education and prevention are key,? AG Mills stated, ?along with a progressive approach to treatment, including the ?hub-and-spokes? model used in Vermont. In addition, we need triage teams with recovery coaches and medication assisted treatment available at every emergency room, and more drug courts to help those in trouble with the law.?

Attorney General Mills thanked Dr. Sorg for her detailed analysis and the Office of the Chief Medical Examiner for their handling of the significant increase in deaths due to drug overdoses in the past few years.

The full report may be found at www.maine.gov/ag/news/index.shtml.

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Supporting documents

Final 2017 Drug Death Report 2.22.18

AG Mills Ten-Point Plan to Address Opiate Crisis

Attorney General Janet Mills and other Attorneys General Settle Case Against Airbag Manufacturer

February 22, 2018

ATTORNEY GENERAL JANET T. MILLS AND OTHER ATTORNEYS GENERAL SETTLE CASE AGAINST AIRBAG MANUFACTURER

Maine Attorney General Janet T. Mills announced a settlement with TK Holdings, Inc., the U.S. subsidiary of Takata, over allegations that the company concealed safety issues related to its airbag systems installed in a variety of vehicles.

The settlement between the attorneys general of 44 states and the District of Columbia and TK Holdings, Inc., concludes an extensive multistate investigation into the company?s failure to timely disclose the safety defects of certain airbag inflators that use phase-stabilized ammonium nitrate as a propellant.

?The investigation showed that this company knowingly allowed airbags to deploy in a way so as to injure passengers,? said Attorney General Janet Mills. Beginning in 2008, auto manufacturers recalled a number of vehicles containing these airbag inflators because of ruptures that occurred when vehicles crashed. More than 50 million airbags in more than 37 million vehicles have been recalled, with future recalls through the end of 2019 likely, bringing the total number of affected airbags to 65 or 70 million. As of September 15, 2017, there were 83,198 unrepaired vehicles and 99,441 unrepaired recalled inflators estimated in Maine alone.

At least 20 people have died worldwide and hundreds more injured as a result of the defect which involves phase-stabilized ammonium nitrate (?PSAN?) to inflate airbags on deployment. When this compound is exposed to heat and humidity over time, particularly in warmer and wetter parts of the United States, the propellant degrades. When the airbag deploys, the inflator then ruptures and explodes, destroying the metal casing around the propellant and spraying shrapnel into the vehicle?s passenger compartment.

The attorneys general investigation alleged that the company knew the airbag inflator was unsafe because it failed company testing. In fact, TK Holdings, Inc.?s, parent company, pled guilty to manipulating test data and submitting false and misleading reports to auto manufacturers. The company knew about several ruptures which occurred as early as 2004 but did not take appropriate action to recall these unsafe inflators until November 2014. Despite its prior knowledge, the company failed to properly notify the public and government regulators of the serious danger posed by this defect.

The states alleged that the automaker?s actions violated state consumer protection laws, including Maine's Unfair Trade Practices Act.

TK Holdings, Inc. filed for chapter 11 bankruptcy protection in June 2017, and its reorganization plan has been confirmed by the United States Bankruptcy Court for the District of Delaware. Under the consent decree and settlement agreement approved by the Bankruptcy Court, TK Holdings, Inc. and its successor, Reorganized TK Holdings, are ordered to:

? Not advertise or otherwise represent the safety of its airbag systems or phase-stabilized ammonium nitrate in any way that is false, deceptive, or misleading; ? Not represent that its airbags are safe unless supported by competent and reliable scientific or engineering evidence; ? Not falsify or manipulate testing data, or provide any testing data that the companies know is inaccurate; ? Except as needed to fulfill its obligations under the various recalls, sell any airbag systems using PSAN as a propellant; ? Comply with state and federal law as well as the NHTSA Consent Order and Coordinated Remedy Order; and ? Continue to cooperate with auto manufacturers to ensure that replacement airbag inflators are made available as expeditiously as possible from all possible sources.

TK Holdings, Inc. has also agreed to reimburse the states for their investigative costs and has agreed to a civil penalty of 650 million dollars, which will be subordinated in the bankruptcy proceeding order to maximize the monetary recovery to the victims of the airbag defect.

In addition to Maine, the multistate group includes South Carolina, Arkansas, Arizona, Connecticut, District of Columbia, Florida, Georgia, Illinois, New Jersey, Ohio, South Dakota, Tennessee and Texas, Alabama, Alaska, California, Delaware, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Virginia, Washington, and Wisconsin.

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Attorney General Janet Mills lambasts the Trump administration's proposal for offshore oil and gas drilling

March 12, 2018

AUGUSTA ? Attorney General Janet Mills severely criticized the Trump administration's proposal to drill for oil and gas off the Atlantic shore this week.

In comments filed with Interior Secretary Ryan Zinke, Attorney General Mills claimed that in granting Florida a waiver from the drilling proposal because of the impact on that state's coastal tourism economy, the Trump administration purposefully ignored the equally important impact on Maine's tourism economy.

An oil or gas spill off the coast would create havoc to Maine's economy, to its fishing and tourism industries and to its fragile coastal ecosytems, Mills wrote.

?Maine's coastal wetlands are vital habitats for shorebirds, wading birds and ducks,? she said, adding that ?the state's 4,500 miles of coastline and 4,600 islands of more than an acre in size and Maine's approximately 19,500 acres of wetland are of tremendous ecological importance and highly vulnerable to the impacts of an oil spill of any size.?

The Attorney General emphasized the unique conditions in Georges Bank and the Gulf of Maine which would make a spill especially devastating to the coast of Maine, characterizing the Georges Bank as a ?clockwise spinning gyre? that would continuously recirculate oil slicks and other pollutants and greatly exacerbate the damage to the region's renowned ground fishery, endangering all sorts of birds and fur-bearing mammals such as seals.

Maine accounted for 30% of all commercial fishing trips on the East Coast in one recent year and Maine's lobster population, and the economic value of that harvest, would be severely impacted by a spill. The Trump administration's proposal also puts at risks Maine's other fisheries, including scallops, groundfish, shrimp, salmon, crab, herring, urchins, elvers, clams, mussels and oysters and the state's growing aquaculture industry which produces salmon, shellfish and seaweed, with a direct impact of $73.4 million on the state's economy.

Attorney General Mills noted that every member of the Maine legislature voted in favor of a bipartisan joint resolution opposing oil and gas development off the coast of Maine and that all four of Maine's Congressional delegation signed legislation opposing the proposal.

Attorney General Mills has also joined other Attorneys General from both the west and the east coast in opposing the opening of the Outer Continental Shelf off of both coasts to leases for oil and gas drilling.

Mills also questioned whether the federal government considered the important interests of Maine?s federally recognized tribes and the impact of any spill on the Passamaquoddy Tribe?s Reservation at Pleasant Point in Washington County. Federal law requires the Department of the Interior to consider the interests of tribes under statutes such as the Outer Continental Shelf Lands Act. Mills questioned that the administration had reached out to the tribe.

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Supporting documents

Attorney General Mills Applauds Court's Decision in the Downeast Correctional Facility Closure Matter

March 15, 2018

AUGUSTA ? Attorney General Janet Mills applauded the March 14, 2018 ruling by Justice Michaela Murphy in the Downeast Correctional Facility lawsuit as a victory for the people of Washington County, as well as for all Mainers.

?We are pleased with the ruling of the Superior Court. The Justice agreed with us that the plain language of the law requires that the facility be open and that the Commissioner may not close a funded facility without legislative action. While it is unfortunate that court action and an injunction were necessary, this Office stands ready to assist the Department of Corrections, the unions, the workers and the Legislature in complying with the injunction and carrying out the will of the court and the statutory mandate. We have argued that the action of the administration in closing the facility violated the separation of powers provision of our state constitution, and the Court agreed. The ruling is important not only for the Downeast Correctional Facility but for the system of checks and balances that is so critical to our democracy,? said Mills.

Mills stated, ?this would be an appropriate time for the executive branch and members of the legislative branch to determine both the short term and the long term future of the Downeast Correctional Facility ? an institution which is so important to the people of Washington County, to the hard working correctional staff, to the many local businesses served by inmate labor, including Wreaths Across America, and to the inmates themselves who have found on-the-job training, financial security and self-worth at this facility and who have paid their child support and restitution obligations with their earnings. The benefit of this minimum security facility to this very supportive community and to the state as a whole should not be underestimated.?

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Supporting documents

J's Oyster Owner Sentenced to Jail for Stealing Sales Tax from Restaurant Customers

March 20, 2018

AUGUSTA ? Attorney General Janet Mills announced today that Cynthia Brown, 58, of Portland, Maine, has been sentenced to four months in jail for pocketing sales taxes paid by customers at J?s Oyster, a Portland restaurant, and for failing to pay her personal and corporate income taxes. From March 2008 through March 2015 Brown collected sales tax from restaurant patrons, but failed to turn over to Maine Revenue Services most of the sales tax she collected. Brown illegally kept the remaining funds for her own personal and business use. Brown then underreported the restaurant?s taxable sales and sales taxes collected, which enabled Brown to steal over $800,000 in sales tax. She also failed to pay personal and corporate income tax during this time period.

Justice Lance Walker sentenced Brown on March 19, 2018 to four years in prison with all but four months suspended, and three years of probation. Total restitution in the case was $1,302,681. After pleading guilty in January 2017 Brown paid over $829,000 towards her restitution obligation. Brown is required to pay the remaining $473,315 in restitution as a condition of her probation.

Attorney General Mills commented, ?Maine citizens trust business owners to pay over the sales taxes charged to their customers to Maine Revenue Services and to pay personal and corporate taxes on the income that they earn. My Office will pursue individuals who abuse the trust placed in them to collect sales tax for the benefit of the people of the State of Maine. We also will strive to recover as much restitution as possible in order to make Maine taxpayers whole.?

This case was investigated by the Maine Revenue Services? Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled the matter for the Attorney General?s Criminal Division.

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Oxford County man found guilty of insurance fraud

AUGUSTA ?Attorney General Janet Mills announced that Daniel H. Reavis, age 53, of South Paris, Maine, has pled guilty in the Cumberland County Unified Criminal Docket to theft by deception from MEMIC, Inc., a workers? compensation insurer based in Portland, Maine. Pursuant to the agreement with the State, Reavis? sentencing is deferred until March 20, 2020. During that time, Reavis will be required to pay $10,409 in restitution. If he pays the restitution, he will serve 30 days in jail. If he fails to pay full restitution, he will serve 90 days in jail.

Reavis was working as a fuel oil delivery driver for Fielding?s Oil Company on June 26, 2013, when he claimed to have sustained a head injury falling from his truck in Hebron. MEMIC initially paid weekly compensation payments to Reavis on behalf of his employer. Months later, Reavis was still claiming that his head injury prevented him from driving. He repeated that claim to the insurer, physicians and other providers.

Surveillance video showed that by September 2013, when he still claimed to be unable to work or drive, Reavis was starting his own wine distribution business, Tannery Street Wine Company. He alone drove the Tannery Street Wine van, making deliveries to stores throughout Oxford and Cumberland Counties, from Norway to Cape Elizabeth.

Based upon the surveillance videos, and after consultation with a medical expert who reviewed those videos, MEMIC stopped payments to Reavis in March 2013. By the time the fraud was uncovered, MEMIC had paid Reavis over $16,000 from the date of the alleged injury, and over $10,000 from the date of the first surveillance video of his activities.

?The worker?s compensation system was established to ensure that employees who receive injuries on the job receive fair compensation,? said Mills. ?People who make fraudulent claims increase the cost of business in Maine, hurting both employers and workers. Our Office will hold accountable anyone who abuses the system ? employers who fail to obtain coverage and employees who file false claims,? Mills said. ?The goal is to provide full and prompt compensation to people injured on the job.?

Paul H. Sighinolfi, the Chairman and Executive Director of the Maine Workers? Compensation Board, commented that employee fraud is a problem that arises on occasion in Maine. It benefits the system as a whole when it is identified to have it aggressively addressed. Prosecutions like this let those in the system know we are supportive of injured workers, but have little tolerance for those who abuse the system.

Attorney General Mills praised Senior Assistant Attorney General Leanne Robbin for her work on this case.

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Attorney General Janet Mills calls for Immediate Legislative Fix to Rank Choice Voting Law

March 28, 2018

AUGUSTA - The issue raised by the Secretary of State this morning, which I was made aware of for the first time today, needs to be addressed immediately so that the will of the people may be respected. The more than 62,000 citizens who signed the Peoples? Veto petitions deserve to have their voices heard. The will of the people must not be thwarted by some technicality in the law. I will file legislation today to be presented to the Legislative Council to ensure that Rank Choice Voting is in full effect for this June?s primary as the people have dictated. I call on the Legislative Council to meet in an emergency session to address this urgent issue.

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Attorney General Janet T. Mills Joins Coalition Suing Trump EPA for Ignoring Responsibility Under Clean Air Act To Control Methane Pollution

April 5, 2018

AUGUSTA ? Attorney General Janet Mills today joined a coalition of 15 Attorneys General and the City of Chicago in suing the Trump administration for ignoring its legal duty to control emissions of methane ? an extremely potent greenhouse gas ? from existing oil and gas operations. Specifically, the suit charges that Environmental Protection Agency (EPA) Administrator Scott Pruitt has violated the federal Clean Air Act by ?unreasonably delaying? its obligation under the Act to control methane emissions from these operations.

?Methane is a potent greenhouse gas and this pollution is significantly contributing to global climate change. EPA has a statutory duty to regulate these emissions and we will not stand by and allow the Trump Administration to shirk its duties under the Clean Air Act,? said Mills.

The Complaint, available here https://ag.ny.gov/sites/default/files/methane_complaint.pdf, was filed this morning in the U.S. District Court for the District of Columbia.

Methane is an extremely potent greenhouse gas, warming the climate about 80-times more than carbon dioxide over a 20-year period. Oil and gas operations ? production, processing, transmission, and distribution ? are the largest single industrial source of methane emissions in the U.S. and the second largest industrial source of U.S. greenhouse gas emissions behind only electric power plants. Based on EPA data, the Environmental Defense Fund estimates that roughly $1.5 billion worth of natural gas ? enough to heat over 5 million homes ? leaks or is intentionally released from the oil and gas supply chain each year. The logic of continuing to allow leaks and intentional discharges of methane is especially dubious, as methane itself is a valuable product, being the primary component of natural gas.

Nearly 90 percent of the methane emissions projected for the oil and gas industry in 2018 will come from sources in existence prior to 2012. However, proven, cost-effective methods are readily available to control methane emissions from these existing sources. A 2014 analysis prepared by ICF International found that the industry could cut methane emissions 40 percent below the projected 2018 levels using available technologies and techniques ? at an average annual cost of less than $0.01 per thousand cubic feet of natural gas produced. Taking into account the total economic value of the gas not released, the 40 percent reduction would yield savings of over $100 million dollars per year for the U.S. economy and consumers.

In today?s lawsuit, the coalition cites clear statutory language, Congressional intent, established agency practice, and the large contribution that existing sources make to methane emissions as support for their contention that EPA is obligated to act ?without delay? to finalize controls on methane emissions from existing oil and natural gas sources. EPA has known since at least 2009 that methane endangers public health and welfare, and has long had ample data on cost-effective measure for controlling methane emissions from oil and natural gas sources, for example, through the Natural Gas STAR Program, which started in 1993. The coalition argues that the EPA?s failure to establish guidelines for controlling methane emissions from existing sources in the oil and gas industry is an ?unreasonable delay? in performing a mandatory duty under the Clean Air Act. The suit asks the court to direct EPA to propose and adopt the methane regulations required by the Act for oil and gas operations, following an expeditious deadline established by the court.

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VICTIMS' COMPENSATION PROGRAM CELEBRATES 25 YEARS DURING NATIONAL CRIME VICTIMS' RIGHTS WEEK - Attorney General Janet T. Mills recognizes the program's work in helping victims and their families heal

April 12, 2018

AUGUSTA In recognition of national Crime Victims' Rights Week, Attorney General Janet T. Mills is raising awareness of victims' rights and services, including the assistance offered by the Maine Crime Victims' Compensation Program.

We are proud that each and every day, we have an opportunity to help victims and their families heal. Often times, we are working with folks at the worst time in their life and yet we get to see firsthand their strength and resilience," said Mills. I can tell you that the staff at the Crime Victims' Compensation Program are tireless in their efforts to connect innocent victims with services and resources that may help alleviate one worry or burden for victims and their families.

The Maine Crime Victims' Compensation Program assists innocent victims of violent crimes and, in some cases their family members, with the financial burden of medical bills, counseling, funeral expenses, and other related expenses that are the result of their victimization. Since the program began in 1993, it has received more than 5,100 applications and paid out almost $9 million in claims to victims and their families.

In 2000, the Maine Legislature added forensic sexual assault examinations (sex crimes kits) to the list of eligible reimbursements, allowing victims of sexual assault to present at the hospital for an examination without concern for cost. These costs are now billed directly to the Maine Victims' Compensation Program and have resulted in almost 4,000 claims adding up to almost $2.5 million.

Anyone who has been the victim of a violent crime in Maine, regardless of income or citizenship status, may apply to and be considered by the Crime Victims Compensation Board. The program is funded in part by fees assessed to criminals and federal grants.

Mills added, Every year, thousands of Mainers are affected by crime. For many of these victims, their journey is just beginning. They will need ongoing care, support, and resources. Our job is to raise awareness, work with other state and local resource partners, and help connect victims and their families with the resources and tools to heal and overcome these barriers.

April 8, 2018 is National Crime Victims' Rights Week, a time to celebrate progress achieved, raise awareness of victims' rights and services, and stand with our families, neighbors, friends, and colleagues whose lives have been forever altered by crime.

For more information about victims' rights, call the Maine Victims' Compensation Program at 207-624-7882 to learn how you or someone you know and love can get the help they need and deserve.

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United States Supreme Court denies certiorari in March v. Mills matter - Attorney General Janet T. Mills announces victory for women and Planned Parenthood clinics in wake of today's Decision of the U.S. Supreme Court

April 16, 2018

AUGUSTA - Attorney General Janet Mills applauded the United States Supreme Court's decision today to let stand the ruling of the federal appeals court in March v. Mills in which the Office of the Attorney General successfully defended Maine's law protecting women seeking health care at clinics from loud and disturbing protests intended to interfere with the provision of health care. The Supreme Court this morning denied the petition for certiorari filed by the Thomas More Law Center.

In a major victory for women and for Planned Parenthood clinics, the First Circuit Court of Appeals, in an unanimous decision last August, concluded that Maine's law did not infringe on protesters' right of free speech, that the law was facially neutral, that the law reflected a significant state interest in protecting those seeking health care, and that protesters had less disruptive means of communicating their concerns in a legitimate fashion.

Attorney General Mills stated, No one should have to endure a gauntlet of taunting and harassment loud enough to be heard inside a clinic, in order to secure their right to health care, including reproductive care, in Maine or elsewhere. I am delighted that the court has upheld this amendment to Maine's Civil Rights Act presented by the Attorney General's Office in 1995 and carefully crafted to gain the support of both pro-choice and pro-life interests.

The law makes it a violation of the Civil Rights Act for any individual, having been warned by a law enforcement officer, to intentionally make noise that can be heard within a building and with the intent to interfere with the safe and effective delivery of health services within the building.

Attorney General Mills thanked Assistant Attorneys General Christopher Taub and Leanne Robbin for their successful advocacy in this groundbreaking case.

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Maine Joins Coalition of 17 States to Defend National Clean Car Rules - Maine Attorney General Janet T. Mills defends greenhouse gas emission standards against the Trump Administration

May 2, 2018

AUGUSTA ? This week Maine Attorney General Janet Mills joined a coalition of 17 states and the District of Columbia in suing the U.S. Environmental Protection Agency (EPA) to preserve the greenhouse gas emission standards currently in place for model year 2022-2025 vehicles. The standards save drivers money at the pump, reduce oil consumption, and curb greenhouse gases.

?We will not stand quietly by and watch the Trump Administration unwind important federal environmental protections, and these greenhouse gas emission standards for vehicles are critical to curbing the impacts of climate change. Our suit today will ensure EPA does not get away with scrapping these rules when it has no factual or legal basis to do so, said Mills.?

Beginning in 2010, the EPA, National Highway Traffic Safety Administration, and California Air Resources Board established a single national program of greenhouse gas emissions standards for model year 2012-2025 vehicles. This program allows automakers to design and manufacture to a single target.

The federal standards the states are suing to protect, for model year 2022-2025 vehicles, are estimated to reduce carbon pollution equivalent to 134 coal power plants burning for a year and to save drivers $1,650 per vehicle. At present, the car industry is on track to meet or exceed these standards.

Last year, the EPA affirmed these standards were appropriate based on an extensive record of data. On April 13, 2018, however, the EPA, without evidence to support the decision, arbitrarily reversed course and claimed that the greenhouse gas emissions standards for model years 2022-2025 vehicles should be scrapped. The Administration offered no evidence to support this decision and deferred any analysis to a forthcoming rulemaking designed to try to weaken the existing 2022-2025 standards.

Today?s lawsuit was filed in the United States Court of Appeals for the District of Columbia Circuit. The lawsuit is based on the fact that the EPA acted arbitrarily and capriciously, failed to follow its own Clean Car regulations, and violated the Clean Air Act.

Joining Maine in today?s lawsuit filing were the Attorneys General of California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania (also filed by and through its Department of Environmental Protection), Rhode Island, Vermont, Virginia, Washington, and the District of Columbia. Minnesota filed by and through its Pollution Control Agency and Department of Transportation. This coalition represents approximately 44% of the U.S. population and 43% of the new car sales market nationally.

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Maine's Medical Examiner's Office Awarded National Accreditation - One of the best Medical Examiner Offices in the country, said national accreditation agency

May 8, 2018

AUGUSTA -- The National Association of Medical Examiners granted Maine's Office of Chief Medical Examiner (OCME) full accreditation, citing it as one of the best Medical Examiner Offices in the country.

The accreditation and accolades by the national association is an extraordinary acknowledgment and validation of the good work and team effort put in by Dr. Flomenbaum and the OCME staff, said Janet T. Mills, Attorney General. Their hard work providing closure to families ensures that we get it right when investigating and understanding unexplained deaths. This is not easy work and I commend their commitment and dedication.

During its accreditation report, the office was specifically cited for having a staff that is enthusiastic and committed to high professional standards and completing high quality reports furnished with exemplary speed and accuracy. The Medical Examiner Office received full accreditation for the maximum of five years.

The twelve person office is led by Mark Flomenbaum, M.D., PhD, who was appointed by Governor Paul LePage in August 2014 after serving as Deputy Chief under the direction of Dr. Margaret Greenwald.

I am so proud to work alongside a team of such dedicated, talented, and focused individuals, said Dr. Flomenbaum. Each step of the way, our staff meet opportunities and challenges with enthusiasm and vigor to raise and exceed our work standards. They are consummate professionals who deliver the highest quality of service with the sensitivity and dignity that all Mainers deserve. I am so glad that we have been acknowledged for this on a national level.

Under Dr. Flomenbaum's leadership, the OCME has: Reduced the backlog of cases from multiple hundreds to zero. Reduced turnaround time for case completion from 4-5 months to less than 3-4 weeks. Upgraded and improved mortuary equipment to increase efficiency and protect health of staff. Created new position to manage and track data for demographic, statistical, and other forensic purposes. Received acclaim from federal agencies that Maine was number one in speed and thoroughness out of 34 national medical examiner jurisdictions participating in research collecting data on drug abuse and violent deaths.

The Office of Chief Medical Examiner is a statewide system that is charged with the investigation of sudden, unexpected and violent deaths. OCME investigations determine cause and manner of death and when necessary, perform autopsies to assist in that determination. Over 3,000 deaths are reported to the OCME each year.

Dr. Flomenbaum added, "This is a team effort not just with the central office staff in Augusta, but also with the dozens of physicians around our state who volunteer their time and expertise and are a crucial part of the success of our mission."

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Attorney General Janet T. Mills files Complaint against two Biddeford men under the Maine Civil Rights Act

May 15, 2018

AUGUSTA - Attorney General Janet Mills announced that her office has filed a civil complaint in the York County Superior Court against Dusty Leo, age 27, and Maurice Diggins, age 34, both of Biddeford, for the violent assault of an African-American man on April 15, 2018. The complaint requests that the court order Leo and Diggins to have no contact with the victim or his family and to commit no additional violations of the Maine Civil Rights Act.

According to the complaint, on April 15, 2018, the victim walked to a 7-Eleven convenience store near his home to make a few purchases. As he approached the front door of the store, defendants Leo and Diggins drove up in a pick-up truck. The victim had never met Leo or Diggins, who confronted him and repeatedly used a racial epithet to address him. Defendant Leo punched the victim on the side of his head, breaking his jaw. Defendant Diggins then hit the victim in the back of his head, throwing him onto the pavement. The victim managed to get up, and Leo and Diggins chased him in their truck until the victim lost them by running into an alley on foot.

Attorney General Mills stated ?All Mainers should be shocked by this brutal race-based assault. This attack has shattered the victim?s sense of safety. No person should be afraid to walk to a store for fear of being attacked due to the color of his or her skin. We filed this action to protect not simply this victim but any person of color who might be targeted by these defendants.?

The Maine Civil Rights Act was enacted in 1992 and prohibits the use of violence, the threat of violence or property damage against any person motivated by that person?s race, color, religion, sex, ancestry, national origin, physical or mental disability or sexual orientation. Any violation of an injunction under the act is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.

The Attorney General?s Office would like to thank the Biddeford Police Department for the investigation of this case. Senior Assistant Attorney General Leanne Robbin will handle the case on behalf of the Office of the Attorney General.

The two Defendants have also been charged criminally with Aggravated Assault.

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Maine Civil Rights Team Project Gathers for Statewide Conference - Friday, May 18, 2018 at Augusta Civic Center

May 16, 2018

AUGUSTA ? More than 680 students and advisors from 65 schools across 15 of Maine?s 16 counties will gather to discuss bias, harassment based on skin color, national origin, ancestry, religion, disabilities, gender, and sexual orientation at a day long, statewide conference hosted by Maine?s Civil Rights Team Project (CRTP) at the Augusta Civic Center on Friday, May 18, 2018.

Attorney General Janet T. Mills whose office leads the school-based prevention program, will kick off the conference. The day?s events include student-facilitated workshops from the Holbrook Middle School and Narraguagus Jr./Sr. High School civil rights teams, student presentations highlighting civil rights team accomplishments, sharing of work from the CRTP visual arts and writing contest winners, and a celebratory conclusion featuring music from the Maine Gay Men?s Chorus.

For the first time, the CRTP will be streaming parts of the conference via Facebook Live, including the event kick off with Attorney General Mills starting at 9:30 am.

Shay Stewart-Bouley, award winning Maine blogger and Executive Director of Community Change, Inc. will be the conference?s featured guest. She will lead middle and high school student participants in ?Authentic Dialogues: Talking about Racism and How to Take a Stand Against Hate.? Stewart-Bouley has received local and regional accolades for her writing on race on her Black Girl in Maine (BGIM) blog.

Additionally, students will be given the opportunity to participate in The Race Card Project: a worldwide project that solicits six word stories describing condensed observations and experiences about race.

This is the 22nd year of the Civil Rights Team Project, and the third consecutive year the group has held their end-of-year conference. The students attending the conference are participants in their local school-based civil rights teams.

?Every student should feel safe, welcome, and respected in our school communities,? said Brandon Baldwin, CRTP Project Director. ?That?s why we think and talk about race and skin color, national origin and ancestry, religion, disabilities, gender, gender identity and expression, and sexual orientation. If we?re not having those conversations in our school communities, we?re not really providing an environment where every student feels safe, welcome, and respected.?

WHO: Students from 65 Maine schools Janet T. Mills, Attorney General Shay Stewart-Bouley, award winning blogger, Black Girl in Maine WHAT: Maine?s Civil Rights Team Project year end annual conference
WHEN: Friday, May 18, 2018 | 8:30 am -- 2:10 pm Registration begins 8:30 am. Official conference program runs from 9:30 to 2:10p. FB Live event with AG Mills. Streaming starts at 9:30 am WHERE: Augusta Civic Center, Augusta

Media are welcome to attend Friday?s conference. If members of the media wish to attend please RSVP to Brandon Baldwin, Civil Rights Team Project Director with the Maine Attorney General?s Office. (Tel: 626-8548 or brandon.baldwin@maine.gov )

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About Civil Rights Teams: Maine?s Attorney General administers the Civil Rights Team Project, a school-based preventative program. The mission of the Civil Rights Team Project (CRTP) is to increase the safety of elementary, middle level, and high school students by reducing bias-motivated behaviors and harassment in our schools. The CRTP accomplishes this by supporting student civil rights teams in our schools. The CRTP and the student civil rights teams are active in identifying and addressing issues of bias in our school communities, especially those related to race and skin color, national origin and ancestry, religion, disabilities, gender (including gender identity and expression), and sexual orientation. There are currently 188 schools registered as participating in the Civil Rights Team Project, including 29 schools added this year.

Attorney General Janet T. Mills Releases 1st Quarter 2018 Drug Death Report

June 1, 2018

AUGUSTA - With 86 drug fatalities reported by the Office of Chief Medical Examiner through the first ninety days of 2018 Attorney General Janet T. Mills is renewing her call to action for a comprehensive approach to combat the opioid crisis.

"We must break the stranglehold that opioid use has on our state," said Attorney General Janet Mills. The figures released today demonstrate dramatically that we have not yet turned the tide against opioids and there is still much work to be done. Treatment, education and prevention must be the center of our focus as we come together as a community to address this scourge. The Legislature can still act to make a difference on these issues.

The figures released by the Attorney General and the Chief Medical Examiner were compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center. The first quarter figures show that while drug fatalities for the period are similar to the number for the same period of the prior year, the proportion of deaths involving fentanyl increased. The first quarter of 2017 saw 89 drug overdose deaths, compared to 86 in the same period of 2018. In all of 2017 there were 418 drug induced deaths.

The proportion of deaths in 2018 is increasingly due to illicit drugs, especially fentanyl, as opposed to pharmaceutical opioids. In the first quarter of 2018 65% of drug deaths were caused by non-pharmaceutical fentanyl or fentanyl analogues, up from 52% in all of 2016 and 59% in all of 2017. At the same time, pharmaceutical opioid deaths were 20% of the total for the first quarter of 2018 compared to 33% in all of 2016 and 30% in all of 2017. Deaths involving pharmaceutical drugs of all kinds also decreased from 61% of the total in all of 2017 to 49% of the total for the first quarter of this year.

The proportion of deaths due to heroin continues on a downward trend. In the first quarter of 2018 there were 14 deaths due to heroin alone or in combination with other drugs, representing 16% of the all drug deaths, lower than 2017, when heroin deaths comprised 21% of the yearly total.

There were 19 deaths induced by fentanyl analogs in the first three months of 2018, including one involving carfentanil an analog that is five-thousand times more potent than heroin.

The shift we are seeing from heroin to cheap, deadly fentanyl is deeply troubling, said Attorney General Mills. Some of these fentanyl analogs are so dangerous simply touching the powder or accidently inhaling its dust can be fatal. There is no way for a heroin user to tell if their supply has been cut given the similar texture and appearance of fentanyl to heroin, and unfortunately for the user, it is often lethal. We need to increase treatment, prevention and education to reverse the course of this epidemic. The alternative is unacceptable.

Dr. Sorgs 2018 first quarter analysis can be read here.

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86 drug fatalities in first ninety days of 2018 are only slightly fewer than the same period last year

Supporting documents

Q1 2018 Drug Deaths

Attorney General Janet Mills receives Innovation in Financial Capability Award

June 5, 2018

HOULTON, ME ? Last week Maine Attorney General Janet Mills was honored at Region Two School of Applied Technology in Houlton with the 2018 Financial Capability Innovation Award, presented by the nation?s leading technology innovator, EVERFI, Inc. The award recognized the Attorney General?s significant efforts to improve the financial literacy of Maine students through unique digital learning initiatives. This important initiative has empowered approximately four thousand Maine students in forty-five different communities.

?As the state?s chief law enforcement officer, I take seriously the responsibility to protect Maine citizens from fraud and equip them with tools to be savvy consumers. We are honored to be recognized for the financial education we?ve provided to high school students over the years,? stated Attorney General Mills. ?My office strongly believes in the importance of teaching financial literacy to ensure our students grow up to become financially astute and stable adults. We?re proud to support educators across our state in this critical mission.?

At Region Two School of Applied Technology teacher Robert ?Bo? Zabierek implements the interactive digital program as part of its mission to support career development and life skills. Bo was the first educator in Maine to earn a teacher certification in financial education through a partnership with EVERFI and Bloomboard.

?Our CTE Director, David Keaton, implemented the requirement that all Region Two program completers attain a certification in financial literacy?, says Bo. ?Attorney General Janet Mills has provided us with that pathway through her sponsorship of the program."

Honorees of the Financial Capability Innovation Award were selected based on a set of criteria that included the scale and reach of their financial education initiatives, the duration of their commitment, and unique employee volunteering activities that supplement their programs.

?Each year, we honor institutions that are truly dedicated to going above and beyond in service to their communities,? said Ray Martinez, EVERFI President of Financial Education. ?The Financial Capability Innovation Awards have given us the opportunity to share and celebrate the tremendous investment these institutions are making and continue to make in the communities where they live, work, and serve. For EVERFI, our time here reminds us just how critical the role innovation continues to play in empowering Americans to pursue economic opportunity and achieve financial security for themselves, their families, and their community.?

Attorney General Janet Mills is committed to providing students with the skills and knowledge needed to successfully navigate the increasingly complex financial world we live in. The partnership between the Attorney General?s office and EVERFI, which launched in August 2016, brings financial literacy to local students at no cost to schools or taxpayers and has reached over 3,500 students. The web-based program uses the latest in simulation and gaming technologies to bring complex financial concepts to life for today?s digital generation.

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Supporting documents

AG Mills Accepts Everfi Award

THREE YEARS LATER: MAINE STUDENTS LEARN PLUMBING TRADE THANKS TO CONSUMER PROTECTION SETTLEMENT FUNDS

June 7, 2018

AUGUSTA--Four Maine high schools that were selected by the Attorney General?s Office to start plumbing training programs with funds received from a consumer protection settlement, trained nearly 100 students this 2017-2018 academic year.

?It?s not often enough that we see such tangible and immediate results from an investment. In just three years, this funding has opened doors for hundreds of Maine young people to learn new skills and potentially take an important step toward a rewarding and sustaining career,? said Janet T. Mills, Attorney General. ?It?s also helping to fill a much needed skills gap among our trades professionals. During the past couple of years of these programs, we?ve seen example after example of local plumbers stepping up and going above and beyond to mentor and train these young people. That?s a win-win for our students, our employers, and our communities.?

In 2015, Attorney General Janet Mills settled a case against Bath Fitter of Portland for engaging in unlicensed plumbing activities, using non-conforming construction contracts, installing plumbing before plumbing permits were issued, misrepresenting employees? license status, and engaging in plumbing installations that may violate the Maine State Internal Plumbing Code. The settlement, reached by consent judgment, included a monetary penalty.

The Attorney General?s Office determined that it would use the $500,000 in settlement funds to support four plumber training programs aimed at filling the plumber shortage in Maine. Mills selected Foster CTE at Mount Blue High School in Farmington, Lewiston Regional Technical Center, Oxford Hills Technical School, and Biddeford Regional Center of Technology. Each program received approximately $120,000 for two years to start the programs.

The Director of the program at the Oxford Hills Technical School noted in their report: ?From my perspective, this investment is resulting in more young people interested in the plumbing field and will ultimately result in more licensed plumbers. I?ve seen a student who was potentially at-risk of not graduating and through this program, he found his passion and ended up graduating.? The Director also noted in his report that after completing the program the graduate was employed with a local plumber.

According to annual reports submitted to Attorney General Janet Mills, in addition to classroom training, students worked with local plumbers on projects in their community. Students from the Farmington area installed plumbing for the office of the Western Maine Community Action (WMCA). Students attending Biddeford Regional Center of Technology partnered with local plumbers, Local 716, and the Rotary Club. Additionally, students from Biddeford and Lewiston each participated in and won student plumbing competitions that included students from the community college system. This past spring, Lewiston Regional Technical Center co-hosted a Totally Trades event at Central Maine Community College, designed specifically to introduce 8th and 9th grade young women into the trades.

In Farmington, the Director of the Foster CTE Center commented in their report: ?Local businesses are beginning to recognize the plumbing program as a resource to help them meet the increasing skills and training gap as they look for new employees. We have visited and coordinated with Kennebec Valley Community College (KVCC) to develop articulation agreements that enable students to receive college credits by completing the plumbing program at Foster CTE Center.?

Many of the participating plumbing students have continued their studies either through paid internships or going on to plumbing programs at post-secondary institutions.

Attorney General Mills added, ?The best news of all is that because of the initial seed money and success of this pilot program, students, parents, teachers, school administrators, employers and community groups have experienced the benefit and seen the results of having an early plumber education program in their community. And now, they?re willing to find the resources to sustain the training into the future. I?m proud that our office was able to ignite that interest and support.?

All of the four schools have secured either private or public funding to continue and in some instances expand their plumbing programs. In the Farmington area, local business owner, Richard Bjorn has offered to donate $235,000 each year for two years to that the program can continue and increase offerings such as Heating, Ventilation, and Air Conditioning (HVAC) training.

In Maine--and nationally--there?s a skilled trades talent shortage, in part due to the high number of people retiring from the field. In Maine, the average age of plumbing and heating contractors is over 55. In 2016-2017, the global staffing firm Manpower reported that skilled trade vacancies are the hardest jobs to fill in the country.

?These trades make great careers for men and women,? said Attorney General Mills. ?I was heartened that the top student last year at the Farmington site was a young woman. Young women can and do succeed in these programs and I hope more are inspired to seek out the skilled trades.?

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Attorney General Janet T. Mills and 13 other state officials object to EPA's plan to not enforce a key Clean Air Act rule

July 16, 2018

AUGUSTA – Attorney General Janet Mills has joined 13 states in opposing the US Environmental Agency’s suspension of the “Glider Rule” that would keep super-polluting heavy-duty diesel trucks off America’s roads. The state officials have written to the EPA to warn that the “no action” assurance it has given the industry would amount to an unlawful, de facto repeal of the rule without proper due process.

“The EPA has an obligation to enforce the laws on the books,” said attorney General Mills. “The EPA cannot simply decide to abdicate its responsibility to protect and promote the public health and other core functions of the agency with no review and no public process. If the agency continues to ignore the law in such blatant fashion, there will be no option but to go to court.”

The Glider Rule, adopted in 2016, is aimed at the practice of taking older higher polluting diesel engines and putting them in a new chassis. The rule was adopted in order to close a loophole that allowed trucks to avoid emissions standards applied to newer vehicles and to evade the intent of the Clean Air Act. When adopting the Glider Rule the EPA determined that allowing the vehicles to continue in service would result in hundreds of premature deaths and the release of a hundred thousand tons of NOx and diesel particulate matter pollution. In addition, the EPA estimated that the health impacts for each glider sold would be, on average, between $300,000 to $1,100,000.

The letter sent by Attorney General Mills and the other states can be read here:

https://www.documentcloud.org/documents/4599171-2018-7-13-California-Leads-Coalition-Request-to.html

Maine joins other states in seeking EPA assurance that it will enforce the “Glider Rule” that was aimed at keeping super-polluting, heavy duty diesel trucks off the road.

AG Mills calls on Congress to protect the integrity of our elections

July 25, 2018

(AUGUSTA) Attorney General Janet T. Mills has joined a bipartisan coalition of 21 Attorneys General in urging congressional leaders to improve American cyber security and protect the integrity of our elections against cyberattacks and infiltrations like the ones committed by Russia in 2016. The latest investigations into that attack show Russian hackers targeted the American electoral system, stole the private information of hundreds of thousands of people, and infiltrated a company that supplies voting software across the nation, putting the upcoming elections at serious risk as well.

"We must act to protect the integrity of our elections and our democracy," said Attorney General Mills. "I am pleased to join this bi-partisan group of attorneys general to urge action by Congress to ensure that our democracy is protected from future attacks. We know that in 2016 foreign hackers attempted to breach our voting infrastructure and we must be prepared to repel future attempts. Our national security and our very democracy depend on it."

The coalition of AGs urged three steps in addressing election security concerns:

  • Prioritizing and acting on election-security legislation. The Secure Elections Act (S.2261) is before the Senate right now and may address some of our concerns.

  • Increasing funding for the Election Assistance Commission to support election security improvements at the state level and to protect the personal data of voters of our states. Many states lack the resources and tools to protect the polls during this year’s upcoming elections. Additional funding for voting infrastructure will not only allow states to upgrade election systems but will also allow for a comprehensive security risk assessment. Unfortunately, existing Election Assistance Commission grants are simply insufficient to provide for needed upgrades. More funding is essential to equip states with the financial resources to safeguard our democracy and protect the data of voters.

  • Supporting the development of cybersecurity standards for voting systems to prevent future foreign attacks. It is critical that there be a combined effort between governments and security experts to protect against the increased cyber threats posed by foreign entities seeking to weaken our democratic institutions.

Protecting the integrity of the American voting system is a vital issue, reflected in the broad coalition of the Attorneys General joining AG Mills. In addition to Maine, this coalition includes Attorneys General from California, Connecticut, Delaware, The District of Columbia, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Virginia and Washington.

Supporting documents

AG Letter Re Election Security

Police agencies report over 500 saves using Narcan provided by Attorney General's Office

August 1, 2018

(AUGUSTA) Maine Attorney General Janet T. Mills has announced that police agencies receiving Narcan, the opioid overdose reversing drug, have utilized it 504 times since the Attorney General's Office began making it available at no cost to the agencies. The first doses of Narcan were delivered in June 2016 and has been provided to 84 agencies across Maine.

"This is another grim milestone in our state's fight against opioids," said Attorney General Mills. "While it is critical that we turn the tide against the ever-rising number of overdose deaths, we can and should be doing more to prevent and treat substance use disorder in Maine. I proposed a ten-point plan in January to address Maine's opiate epidemic. Some recent actions have been taken by the Legislature to address the issue, like funding a hub and spoke treatment model, but we must do more."

Attorney General Mills has been providing Narcan, also known by the generic term Naloxone, to law enforcement agencies using funds made available through settlements with pharmaceutical manufacturers. Attorney General Mills, as the State's chief law enforcement officer, is empowered to provide the doses to other law enforcement agencies. When agreeing to accept the Narcan from the Attorney General's Office, law enforcement agencies must certify that their officers are trained to administer it. The agencies are also asked to report back when they successfully use the doses, but this figure does not reflect all of the Narcan administered in the state.

"Seconds count when an officer arrives on an overdose scene and there is no reason a person should die because a responding officer did not have this simple tool available," said Attorney General Mills. "Now we need to supplement these emergency measures with medication assisted treatment and with recovery coaches available at emergency rooms so we can help people turn their lives around."

Attorney General Mills - Part of Coalition of 17 AGs - Urges SEC to Strengthen Regulations to Protect Best Interest of Investors

August 8, 2018

[AUGUSTA] Attorney General Janet T. Mills-part of a coalition of 17 Attorneys General-filed comments urging the Securities & Exchange Commission (SEC) to strengthen a proposed regulation in order to ensure that broker-dealers put their customers' best interest first.

In their comments, the Attorneys General highlighted the weaknesses in the proposed rule and the need for more robust investor protection. The SEC's proposed rule purports to impose a "best interest" standard on broker-dealers while requiring additional disclosures; however, the proposed rule fails to require broker-dealers to act as fiduciaries for their clients, as is required of investment advisers - meaning retail investors are not assured unbiased advice from all their financial professionals. In addition, the proposed rule fails to ban even the most egregious of broker-dealer conflicts, like sales contests, which elevate the broker-dealer's financial interest above that of the customer. The proposed rule also leaves key terms undefined, creating ambiguity that risks confusion for regulators, investors, and the securities industry. "When a person goes to broker for investment advice it should go without saying that they are going to get the unvarnished truth about how to maximize their money," said Attorney General Mills. "But the current regulations allow that broker to steer customers toward products that are better for the broker's bottom line than for the investor's. That isn't right. People should know that if they are paying someone for advice, that advice is not tainted by other motives. The SEC owes it to the public to put some teeth into these rules."

The comments were filed by the Attorneys General of New York, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia. As the Attorneys General argue, the proposed rule is an inadequate attempt to address a long-recognized deficiency in regulation of broker-dealers. In the wake of the 2008 financial crisis, as part of the sweeping Dodd-Frank Act of 2010, Congress directed the SEC to study the effectiveness of existing regulations concerning the standards of care owed to retail investors. In 2011, the SEC study recommended a uniform fiduciary rule governing both broker-dealers and investment advisers. In 2016, with no action by the SEC, the Department of Labor adopted its own rule imposing a fiduciary duty on broker-dealers managing ERISA plans. That rule has since been overturned - with the Trump administration declining to further defend it - making independent SEC action all the more critical. Yet, the SEC's proposed rule is inconsistent with its own study and the Congressional mandate to enhance protection for retail investors.

The coalition of Attorneys General press for the proposed rule to be strengthened by: (1) imposing a uniform fiduciary standard on broker-dealers and investment advisers; (2) eliminating the most pernicious of conflicts; (3) enhancing disclosure requirements; and (4) clearly defining all key terms. These enhancements would ensure that retail investors are not subject to abusive and conflicted behavior. They also would promote more effective enforcement by regulators, the development of healthy broker-dealer compliance programs, and greater understanding by investors of the obligations owed to them by their financial professionals.

Supporting documents

AG Best Interest SEC Comment Letter

Drug overdoses continue to claim nearly one life a day in Maine

September 21, 2018

AUGUSTA - In the wake of figures released by her office and the Chief Medical Examiner, Attorney General Janet T. Mills says the latest drug overdose fatalities indicate no relief from the stranglehold of Maine's opioid crisis. According to the report, during the first and second quarters of 2018, fentanyl continued to be the number one driver of drug fatalities in Maine.

"One of the most heart wrenching parts of my job is witnessing firsthand the devastating toll the opioid epidemic is having on the families and communities in Maine," said Attorney General Mills. "With nearly a person a day dying from the perils of addiction, we need a stronger sense of urgency to take significant action about this public health crisis."

In January, Attorney General Mills published her 10 point plan to turn around the devastation of the opioid epidemic. Solutions include targeting areas with a high number of overdoses and providing them with additional medical and economic resources, expanding the availability of naloxone, reining in prescribing practices, establishing a 24-hour opioid emergency line, lift the state's two-year limit on methadone treatment and raise its Medicaid reimbursement rates, expand drug courts, set up a community treatment system similar to Vermont's "hub and spokes" model, make recovery coaches available at every emergency room and clinic, expand the number of detox slots, residential recovery beds, and peer recovery centers, and provide prevention programs in our schools and communities.

The report compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center, showed that while the total of 180 drug fatalities during the first and second quarter of 2018 was slightly fewer than the 185 deaths reported last year during the same period, 90 percent of those deaths were attributed to accidental overdoses. Consistent with last year's numbers, heroin caused 21% of the 2018 deaths to date. However, cocaine or crack was on the rise, causing 25% of total deaths, continuing to increase from 16% in 2016 and 22% in 2017.

Mills added, "This crisis requires each of us to be in solution mode. Going back to 2016, our office in coordination with police departments across the state started distributing naloxone. To date it has saved 530 lives. But as long as there are people dying, we have more work to do. Saving lives is a first step. Turning those lives around with medication assisted treatment, housing and job training, and preventing addiction in the first place are the next major steps."

To read more about Dr. Sorg's findings, her report is attached.

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Supporting documents

Maine's Drug Deaths Report: January - June, 2018

Maine Joins Multistate Settlement with DePuy and Johnson & Johnson

January 23, 2019

AUGUSTA - Attorney General Aaron M. Frey announced today that he and 45 other Attorneys General have reached a $120 million Consent Judgment with Medical Device Business Services, Inc., f/k/a DePuy Inc. DePuy Orthopaedics, Inc., and DePuy Orthopaedics, Inc.; DePuy Products, Inc.; DePuy Synthes, Inc.; DePuy Synthes Sales, Inc. (collectively referred to as "DePuy") and Johnson & Johnson to resolve allegations that DePuy unlawfully promoted its metal-on-metal hip implant devices, the ASR XL and the Pinnacle Ultamet. Maine will receive $1.4 million as its share of the settlement.

"Accurate and up-to-date information is important to both doctors and patients in making health care decisions," said Attorney General Frey. "This settlement will help ensure that surgeons who implant hip replacement devices will have accurate and current information concerning patient outcomes in assessing whether a particular device should be used on their patients."

The Attorneys General allege that DePuy engaged in unfair and deceptive practices in promoting the ASR XL and Pinnacle Ultamet hip implant devices by making misleading claims as to the longevity, or survivorship, of metal-on-metal hip implants.

DePuy advertised that the ASR XL hip implant had a survivorship of 99.2% at three years when the National Joint Registry of England and Wales reported a 7% revision rate at three years. Similarly, DePuy promoted the Pinnacle Ultamet as having a survivorship of 99.8% and 99.9% survivorship at five years when the National Joint Registry of England and Wales reported a 2.2% 3-year-revision rate in 2009, which increased to a 4.28% 5-year-revision rate in 2012.

Some patients who required hip implant revision surgery to replace a failed ASR XL or Pinnacle Ultamet implant experienced persistent groin pain, allergic reactions, tissue necrosis, as well as a build-up of metal ions in the blood. The ASR XL was recalled from the market in 2010. DePuy discontinued its sale of the Pinnacle Ultamet in 2013.

As part of the Consent Judgment, DePuy has agreed to reform its marketing and promotion practices for its hip implants, which include:

  • Basing claims of survivorship, stability or dislocations on scientific information and the most recent dataset available from a registry for any DePuy hip implant device.
  • Maintaining a post market surveillance program and complaint handling program.
  • Updating and maintaining internal product complaint handling operating procedures, including training complaint reviewers.
  • Maintaining a quality assurance program that includes an audit procedure for tracking complaints of DePuy products that don't rise to the level of a Medical Device Reportable Event, but that may indicate a device-related serious injury or malfunction.
  • Performing quarterly reviews of complaints. If a subgroup of patients is identified that has a higher incidence of adverse events than the full patient population, DePuy shall determine the cause and alter its promotional practices as appropriate.

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Report of the Attorney General's Task Force to Review Deadly Force Incidents, 1/28/2019)

January 28, 2019

Supporting documents

Report of the Attorney General's Task Force to Review Deadly Force Incidents, 1/28/2019)

Attorney General Frey Joins Multistate Coalition Calling on EPA to Issue a New Rule Eliminating Exemptions for Asbestos Reporting

January 31, 2019

AUGUSTA - Maine Attorney General Aaron Frey today joined a coalition of 15 attorneys general to call on the U.S. Environmental Protection Agency Acting Administrator Andrew Wheeler to initiate rulemaking to issue a new "asbestos reporting rule" to eliminate exemptions for asbestos in the current Chemical Data Reporting rule. Asbestos is a highly hazardous chemical in widespread use throughout the U.S. The coalition argues that without requiring adequate reporting, the EPA will be unable to comply with its mandate under the Toxic Substances Control Act (known as TSCA) to prevent unreasonable risks to health and the environment presented by asbestos.

"The evidence is clear that asbestos is a deadly substance, and the Toxic Substances Control Act is an important tool for protecting people from the risks posed by similar substances," said Attorney General Frey. "This rule would allow the EPA to comply with the Act by giving them the information they need to properly regulate asbestos. In doing so, lives can be saved."

Asbestos - a carcinogen that takes 15,000 lives per year - is linked to diseases that are life threatening, or cause substantial pain and suffering, including mesothelioma, fibrosis, lung cancer, gastrointestinal cancer, as well as other lung disorders and diseases. There is no safe level of exposure to this highly toxic material. Currently, the EPA does not possess, and is not collecting, the necessary comprehensive data of the importing, processing and use of asbestos and asbestos-containing articles in the U.S. The attorneys general point out that robust reporting of the distribution and use of asbestos and asbestos-containing articles is necessary to provide EPA with the data it needs to fulfill its obligations under TSCA to evaluate the risks posed by toxic chemicals like asbestos and to address those risks through regulation.

Specifically, the attorneys general petition the Acting Administrator to initiate rulemaking and issue a new asbestos reporting rule to:

  • Eliminate "naturally occurring substance" as an exemption for asbestos reporting;

  • Require processors of asbestos, as well as manufacturers, including importers, of the chemical substance to adhere to reporting requirements;

  • Ensure that the impurities exemption in the Chemical Data Reporting rule does not apply to asbestos; and

  • Require reporting with respect to imported articles that contain asbestos.

Attorney General Frey joins the coalition led by California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey, and includes attorneys general from Connecticut, Hawaii, Maryland, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, as well as the District of Columbia.

For Immediate Release: Drug overdoses continue to claim Maine lives at an alarming rate

January 8, 2019

AUGUSTA - In the wake of figures released by his office and the Office of Chief Medical Examiner, Attorney General Aaron M. Frey says the latest drug overdose fatalities indicate that Maine's opioid crisis continues to claim lives at a distressing rate, even though the overall number of deaths has decreased slightly compared with 2017. According to the report, during the first three quarters of 2018, fentanyl continued to be the number one driver of drug fatalities in Maine.

"Though we obviously welcome the slight reduction, the fact remains that the opioid epidemic is a public health crisis which is tearing apart Maine families and communities," said Attorney General Frey. "Our office recognizes the urgency of this crisis, and I am committed to working in a collaborative manner with Governor Mills, the legislature, and all relevant agencies and community leaders to turn this crisis around by finding and implementing real solutions."

The report compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center, showed that while the total of 282 drug fatalities during the first three quarters of 2018 was slightly fewer than the 297 deaths reported in 2017 during the same period, at least 89 percent of those deaths were attributed to accidental overdoses. Consistent with 2017's numbers, heroin caused 19% of the 2018 deaths to date. However, cocaine or crack was on the rise, causing 25% of total deaths, continuing to increase from 16% in 2016 and 22% in 2017.

Additionally, most (228, 81%) drug deaths were caused by two or more drugs in combination. On average, the cause of death involved three drugs. 82% of overdoses were caused by at least one opioid. Non-pharmaceutical fentanyl and/or its analogs caused 61% of deaths either alone or in combination with other drugs. Compared to 2017 as a whole, deaths due to non-pharmaceutical fentanyl are slightly more likely to include other drugs, but less likely to include pharmaceutical opioids.

Additionally, there has been an increase in cocaine and methamphetamine deaths, with cocaine increasingly being mixed with fentanyl and heroin.

To read more about Dr. Sorg's findings, her report is attached.

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Supporting documents

For Immediate Release: Drug overdoses continue to claim Maine lives at an alarming rate

February 8, 2019

AUGUSTA - In the wake of figures released by his office and the Office of Chief Medical Examiner, Attorney General Aaron M. Frey says the latest drug overdose fatalities indicate that Maine's opioid crisis continues to claim lives at a distressing rate, even though the overall number of deaths has decreased slightly compared with 2017. According to the report, during the first three quarters of 2018, fentanyl continued to be the number one driver of drug fatalities in Maine.

"Though we obviously welcome the slight reduction, the fact remains that the opioid epidemic is a public health crisis which is tearing apart Maine families and communities," said Attorney General Frey. "Our office recognizes the urgency of this crisis, and I am committed to working in a collaborative manner with Governor Mills, the legislature, and all relevant agencies and community leaders to turn this crisis around by finding and implementing real solutions."

The report compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center, showed that while the total of 282 drug fatalities during the first three quarters of 2018 was slightly fewer than the 297 deaths reported in 2017 during the same period, at least 89 percent of those deaths were attributed to accidental overdoses. Consistent with 2017's numbers, heroin caused 19% of the 2018 deaths to date. However, cocaine or crack was on the rise, causing 25% of total deaths, continuing to increase from 16% in 2016 and 22% in 2017.

Additionally, most (228, 81%) drug deaths were caused by two or more drugs in combination. On average, the cause of death involved three drugs. 82% of overdoses were caused by at least one opioid. Non-pharmaceutical fentanyl and/or its analogs caused 61% of deaths either alone or in combination with other drugs. Compared to 2017 as a whole, deaths due to non-pharmaceutical fentanyl are slightly more likely to include other drugs, but less likely to include pharmaceutical opioids.

Additionally, there has been an increase in cocaine and methamphetamine deaths, with cocaine increasingly being mixed with fentanyl and heroin.

To read more about Dr. Sorg's findings, her report is attached.

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Supporting documents

Drug Death Report 3rd Quarter

For Immediate Release: Attorney General Frey Signs Multi-State Letter Supporting FTC Identity Theft Rules

February 11, 2019

AUGUSTA - Attorney General Aaron Frey joined a coalition of 31 Attorneys General and sent a letter to the Federal Trade Commission (FTC) today urging the FTC to continue its Identity Theft Rules, which were originally adopted in November, 2007. The letter cites the proliferation of identity theft in many states and the growth in technology since the rules were adopted. The letter is attached.

"Every day, consumers' personal information is compromised through no fault of their own, and they have no way of knowing which pieces of data have been used by bad actors and when," said Frey. "It is only fair that the entities governed by this rule bear the burden of detecting, preventing, and mitigating identity theft. Repealing this rule would put consumers at risk."

The current rules require certain financial institutions and businesses that grant credit or issue debit or credit cards to take steps to detect, prevent and mitigate identify theft by implementing reasonable safeguards. The letter also suggests adding a requirement that cardholder must be notified by email or cell phone if an email address or cell phone number are changed. This is in addition to the existing requirement to mail notification upon change of account address. The Attorneys General also ask that suspicious account activity also include account access by new and previously unknown devices and repeated unsuccessful access attempts.

Attorney General Rosenblum of Oregon led the letter, which was also signed by the Attorneys General of Alaska, California, Colorado, Connecticut, District of Columbia, Delaware, Hawaii, Iowa, Illinois, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, North Carolina, Nebraska, New Jersey, New Mexico, Nevada, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Utah, Virginia, Vermont, Washington, and Wisconsin.

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Supporting documents

Attorney General Frey Joins Lawsuit Challenging President Trump's Contrived Declaration of National Emergency at the Southern Border

February 19, 2019

AUGUSTA - Attorney General Aaron Frey today joined a lawsuit led by California Attorney General Becerra filed in the U.S. District Court for the Northern District of California challenging President Trump's declaration of a national emergency and his attempt to divert funding appropriated by Congress for other purposes. In the complaint, the coalition alleges that the Trump Administration's emergency declaration and diversion of funds is unconstitutional and otherwise unlawful. The states seek to block the Trump Administration's emergency declaration, the unauthorized construction of the border wall, and any illegal diversion of Congressionally-appropriated funds.

"The president's action is clearly unconstitutional, violating the separation of powers between Congress and the Executive, and it could rip funds away from important projects in Maine," said Frey. "This action harms Maine's economy and wastes taxpayer dollars for political gamesmanship."

Part of the funding for the border wall comes from diverting Department of Defense and Department of Homeland Security funding from Congressionally-authorized defense construction projects. Among the projects at risk from this declaration are $161 Million in important upgrades at the Portsmouth Naval Shipyard in Kittery. The suit seeks declaratory and injunctive relief to block the emergency declaration, the construction of the wall, and any illegal diversion of congressionally-appropriated funds.

"I will not hesitate to take legal action to protect Maine people when our rights and well-being are threatened by irresponsible decisions at the federal level," said Frey.

Joining Attorney General Frey in the lawsuit led by California Attorney General Xavier Becerra are the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Virginia.

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Attorney General warns consumers about fraudulent Medicare calls

February 22, 2019

AUGUSTA - Attorney General Aaron Frey is warning consumers about recent reports of calls from individuals claiming to represent Medicare.

There are reports from Maine Medicare recipients who have received phone calls claiming to be from Medicare. The callers pretend to be from Medicare and try to get individuals' Social Security numbers, the name of their financial institution and their financial routing and account numbers or ask for money directly.

Medicare consumers who provide this information are advised to review their Medicare statements carefully for the next year and contact 1-800-MEDICARE immediately if anything questionable appears on their statements. Consumers should also notify their financial institution if their account information has been compromised.

"Mainers may best protect themselves by never providing any personal information in response to unsolicited requests," said Frey. "The new distribution of Medicare cards is seen as an opportunity for scammers to scare Maine seniors into giving over personal information."

If you think you have experienced a Medicare scam, contact the Attorney General's Consumer Protection Hotline at (207) 626-8849 or consumer.mediation@maine.gov.

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Attorney General Frey Announces Start of Wells Fargo Consumer Redress Review Program

March 11, 2019

FOR IMMEDIATE RELEASE
March 8, 2019
Contact: Marc Malon, (207) 626-8887

Program allows consumers, who have not been made whole through other remediation programs, to have inquiry reviewed by escalation team

AUGUSTA - Attorney General Aaron Frey today announced that Wells Fargo has begun a consumer redress review program through which consumers who have not yet been made whole through other remediation programs already in place can seek to have their inquiry or complaint reviewed by a Wells Fargo escalation team for possible relief.

"This is an important step forward and will allow Maine consumers who have been harmed by Wells Fargo's practices seek redress," said Frey. "I hope that the national settlement and this program for consumer redress send a message to all institutions that taking advantage of consumers will not be tolerated."

The consumer redress review program was a key component of the December 2018 settlement with the attorneys general of all 50 states and the District of Columbia to resolve claims that the bank violated state consumer protection laws by (1) opening millions of unauthorized accounts and enrolling customers into online banking services without their knowledge or consent, (2) improperly referring customers for enrollment in third-party renters and life insurance policies, (3) improperly charging auto loan customers for force-placed and unnecessary collateral protection insurance, (4) failing to ensure that customers received refunds of unearned premiums on certain optional auto finance guaranteed asset/auto protection ("GAP") products, and (5) incorrectly charging customers for mortgage rate lock extension fees.

As part of the program, Wells Fargo will maintain a website that contains information regarding consumers' eligibility for redress. Wells Fargo's website describes the issues covered by the settlement agreement and provides escalation phone numbers consumers may use to request review. In addition, Wells Fargo will provide periodic reports to the states about ongoing remediation efforts.

Wells Fargo's consumer redress review website may be accessed at https://www.wellsfargo.com/commitment/redress/ Consumers with questions or concerns may call the following Wells Fargo escalation phone numbers:

• Unauthorized Accounts / Improper Retail Sales Practices: 1-844-931-2273
• Improper Renters and Life Insurance Referrals: 1-855-853-9638
• Force-Placed Collateral Protection Auto Insurance ("CPI"): 1-888-228-9735
• Guaranteed Asset/Auto Protection ("GAP") Refunds: 1-844-860-6962
• Mortgage Interest Rate Lock Extension Fees: 1-866-385-5008

Please click here to view the states' agreement with Wells Fargo. https://portal.ct.gov/-/media/AG/PressReleases/2018/20181228WellsFargo_MultistateSettlement.pdf?la=en

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Attorney General Frey Statement on the Federal Approval of Medicaid Expansion

April 4, 2019

AUGUSTA - Attorney General Aaron M. Frey issued the following statement regarding the approval of Maine's application to expand Medicaid by the Centers for Medicare and Medicaid Services:

"This decision brings clarity to the state's effort to expand Medicaid to thousands of Mainers in accordance with the will of Maine's voters. The attorneys at the Office of the Attorney General played a significant role in helping the state through this process, including through filing an amicus brief on behalf of the Office while the previous administration was fighting against implementation of the law. Furthermore, the Office assisted the Department of Health and Human Services in securing retroactive financial participation from the federal government. I am proud of their work. This result will help Mainers who qualify get the health coverage they need and we are all better off for that."

Drug overdose deaths decline in 2018, but public health epidemic persists

April 18, 2019

FOR IMMEDIATE RELEASE
Contact: Marc Malon, (207) 626-8887 [office]

AUGUSTA - In the wake of figures released by his office and the Office of Chief Medical Examiner, which showed that drug overdose deaths decreased in 2018, Attorney General Aaron M. Frey says that Maine's opioid crisis continues to be a public health epidemic requiring a comprehensive response from jurisdictions both inside and outside of state and local government.

"While drug overdose deaths slightly decreased in 2018, there was still nearly one death for each day of the year. Also of significant concern is that there is no evidence to suggest that fewer Mainers are suffering from opioid use disorder," said Frey. "Individuals, families, and communities continue to be harmed by this public health epidemic, and work must continue to address this crisis."

The report compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center, showed that while the total of 354 drug fatalities during 2018 was lower than the 417 deaths reported in 2017, 80% were caused by opioids, frequently in combination with other drugs or alcohol. At least 89 percent of those deaths were attributed to accidental overdoses.

Fentanyl and its analogs caused 77 percent of all opioid-involved deaths. Cocaine-involved deaths were down just 1 percent from 2017, but were still higher than previous years. Cocaine was a frequent co-intoxicant with opioids. Methamphetamine-involved deaths, while small in number, sharply increased.

Maine is not the only state seeing a reduction in overdoses. The across-the-board reduction in both pharmaceutical and non-pharmaceutical drug deaths suggests broad influences are impacting overdose rates, for example, economic changes, the composition and combination of drugs being trafficked, and regional law enforcement efforts, as well as specific policy changes around opioids. However, the report notes that these reductions may represent a change in the lethality of specific drugs and how they are being used. They do not necessarily represent a reduction in the number of individuals with opioid use disorder.

To read more about Dr. Sorg's findings, the full report is attached.

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Supporting documents

2018 Maine Annual Drug Death Report

State settles with Cloud-E-Daze over retail tobacco sale violations

April 24, 2019

AUGUSTA - Attorney General Aaron Frey has taken action against Cloud-E-Daze, a Maine Limited Liability Company doing business as an online vaping retailer. Cloud-E-Daze sold vaping products online unaware that under Maine law vaping products fall within the definition of tobacco products. In Maine tobacco products, including vaping products that contain nicotine, cannot be sold online, rather they must be sold in a face to face transaction. Cloud-E-Daze settled the Attorney General's concerns by taking down its web page and paying a $2,000 fine.

The complaint and consent decree were filed in the Sixth District Court, Knox Division in Rockland.

"Vaping is very popular with teenagers and often leads to addiction and a lifetime of smoking," said Frey. "We are hearing from teachers and parents from all areas of Maine that vaping is rampant with teens. My office will continue to work hard to prevent youth access to smoking materials of any kind."

Attorney General Frey also commended Amber Desrosiers, the Office of the Attorney General's Tobacco Enforcement Coordinator, for her work on this case.

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Maine joins multistate antitrust lawsuit against Teva Pharmaceuticals, 19 other generic drug manufacturers, 15 individuals in conspiracy to fix prices and allocate markets for more than 100 different generic drugs

May 12, 2019

FOR IMMEDIATE RELEASE:
Contact: Marc Malon, (207) 626-8887

AUGUSTA - Attorney General Aaron Frey joined a 44-state coalition led by Connecticut Attorney General William Tong in announcing a lawsuit against Teva Pharmaceuticals and 19 of the nation's largest generic drug manufacturers alleging a broad conspiracy to artificially inflate and manipulate prices, reduce competition and unreasonably restrain trade for more than 100 different generic drugs. The lawsuit, filed in U.S. District Court for the District of Connecticut, also names 15 individual senior executive defendants at the heart of the conspiracy who were responsible for sales, marketing, pricing and operations. The drugs at issue account for billions of dollars of sales in the United States, and the alleged schemes increased prices affecting the health insurance market, taxpayer-funded healthcare programs like Medicare and Medicaid, and individuals who must pay artificially-inflated prices for their prescription drugs.

"Prescription drug costs create significant financial pressures on individuals and families, and there is compelling evidence that the prices for some of these drugs have been artificially inflated," said Frey. By joining this multistate litigation, Maine is cooperating with other states to hold generic drug manufacturers accountable for the outrageous behavior outlined in the complaint.

The complaint alleges that Teva, Sandoz, Mylan, Pfizer and 16 other generic drug manufacturers engaged in a broad, coordinated and systematic campaign to conspire with each other to fix prices, allocate markets and rig bids for more than 100 different generic drugs. The drugs span all types, including tablets, capsules, suspensions, creams, gels, ointments, and classes, including statins, ace inhibitors, beta blockers, antibiotics, anti-depressants, contraceptives, non-steroidal anti-inflammatory drugs, and treat a range of diseases and conditions from basic infections to diabetes, cancer, epilepsy, multiple sclerosis, HIV, ADHD, and more. In some instances, the coordinated price increases were over 1,000 percent.

The complaint lays out an interconnected web of industry executives where these competitors met with each other during industry dinners, "girls nights out", lunches, cocktail parties, golf outings and communicated via frequent telephone calls, emails and text messages that sowed the seeds for their illegal agreements. Throughout the complaint, defendants use terms like "fair share," "playing nice in the sandbox," and "responsible competitor" to describe how they unlawfully discouraged competition, raised prices and enforced an ingrained culture of collusion.

The lawsuit seeks damages, civil penalties and actions by the court to restore competition to the generic drug market.

The complaint is the second to be filed in an ongoing, expanding investigation that the Connecticut Office of the Attorney General has referred to as possibly the largest cartel case in the history of the United States. The first complaint, still pending in U.S. District Court in the Eastern District of Pennsylvania, was filed in 2016 and now includes 18 corporate defendants, two individual defendants, and 15 generic drugs. Two former executives from Heritage Pharmaceuticals, Jeffery Glazer and Jason Malek, have entered into settlement agreements and are cooperating with the Attorneys General working group in that case.

In addition to Maine and Connecticut, Alabama, Alaska, Arizona, Colorado, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Puerto Rico joined the suit.

Corporate Defendants
1. Teva Pharmaceuticals USA, Inc.
2. Sandoz, Inc.
3. Mylan Pharmaceuticals Inc.
4. Actavis Holdco US, Inc.
5. Actavis Pharma, Inc. 6. Amneal Pharmaceuticals, Inc.
7. Apotex Corp.
8. Aurobindo Pharma U.S.A., Inc.
9. Breckenridge Pharmaceutical, Inc.
10. Dr. Reddy's Laboratories, Inc.
11. Glenmark Pharmaceuticals Inc. USA
12. Greenstone LLC
13. Lannett Company, Inc.
14. Lupin Pharmaceuticals, Inc.
15. Par Pharmaceutical Companies, Inc.
16. Pfizer, Inc.
17. Taro Pharmaceuticals USA, Inc.
18. Upsher-Smith Laboratories, LLC
19. Wockhardt USA, LLC
20. Zydus Pharmaceuticals (USA), Inc.

Individual defendants
1. Ara Aprahamian, Vice President of Sales and Marketing at Taro Pharmaceuticals U.S.A, Inc.
2. David Berthold, Vice President of Sales at Lupin Pharmaceuticals, Inc.
3. James Brown, Vice President of Sales at Glenmark Pharmaceuticals, Inc.
4. Maureen Cavanaugh, former Senior Vice President and Chief Commercial Officer, North America, for Teva
5. Marc Falkin, former Vice President, Marketing, Pricing and Contracts at Actavis
6. James Grauso, former Senior Vice President, Commercial Operations for Aurobindo from December 2011 through January 2014. Since February 2014, Grauso has been employed as the Executive Vice President, N.A. Commercial Operations at Glenmark
7. Kevin Green, former Director of National Accounts at Teva from January 2006 through October 2013. Since November 2013, Green has worked at Zydus Pharmaceuticals (USA) Inc. as the Vice President of Sales
8. Armando Kellum, former Vice President, Contracting and Business Analytics at Sandoz
9. Jill Nailor, Senior Director of Sales and National Accounts at Greenstone
10. James Nesta, Vice President of Sales at Mylan
11. Kon Ostaficiuk, the President of Camber Pharmaceuticals, Inc.
12. Nisha Patel, former Director of Strategic Customer Marketing and later, Director of National Accounts at Teva.
13. David Rekenthaler, former Vice President, Sales US Generics at Teva
14. Richard Rogerson, former Executive Director of Pricing and Business Analytics at Actavis
15. Tracy Sullivan DiValerio, Director of National Accounts at Lannett

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View the Complaint at https://www.maine.gov/ag/docs/GDMS%20Complaint%205.10.19.%20FINAL%20REDACTED%20PUBLIC%20VERSIONpdf-compressed.pdf

Attorney General Frey Joins Bi-partisan AG Coalition Calling for Automatic Discharges of Student Loans for Totally and Permanently Disabled Veterans

May 24, 2019

AUGUSTA - Attorney General Aaron M. Frey today joined a group of 52 Attorneys General in urging the U.S. Department of Education (DOE) to automatically forgive the student loans of veterans who became totally and permanently disabled in connection with their military service. The bipartisan coalition issued its letter as the country prepares to honor fallen troops on Memorial Day.

Last year DOE identified more than 42,000 veterans as eligible for student loan relief due to a service-related total and permanent disability, the Attorneys General note in their letter to Secretary of Education Betsy DeVos. Fewer than 9,000 of those veterans had applied to have their loans discharged by April 2018, however, and more than 25,000 had student loans in default.

The letter, which was led by New Jersey Attorney General Gurbir S. Grewal and Utah Attorney General Sean Reyes, calls on DOE to develop a process to automatically discharge the student loans of veterans determined by the Department of Veterans Affairs to be eligible for such relief. While the automatic discharge process is in development, the letter proposes, DOE should halt debt collection efforts targeting disabled veterans, and clear their credit reports of any negative reporting related to their student loans.

"Individuals who became totally and permanently disabled in connection with their service to our country are eligible for student loan debt relief and our government should be proactive in making sure this relief is granted," said Frey. "No one who sacrificed so much for us should have to suffer the negative consequences of student loan debt, and the burden of discharging that debt should not have to fall on them."

Under federal law, DOE is required to discharge the federal student loans of veterans determined by the Department of Veterans Affairs to be unemployable (or totally and permanently disabled) due to a service-connected condition. Although DOE currently requires disabled veterans to take affirmative steps to apply for a loan discharge, those steps are not required by law.

The Attorneys General note that the federal government has taken some steps to make it easier for eligible veterans to secure student loan relief. According to their letter, however, an automatic discharge process that gives individual veterans an opportunity to opt out for personal reasons "would eliminate unnecessary paperwork burdens and ensure that all eligible disabled veterans can receive a discharge."

The letter supporting automatic student loan discharges for totally and permanently disabled veterans received support from enough Attorneys General to become formal policy of the National Association of Attorneys General. This designation is reserved for letters and comments supported by at least 36 Attorneys General.

"Proposals for automatic discharges with opt-out rights have bipartisan support in Congress and among leading veterans' advocacy organizations," the letter states. The veterans groups supporting such proposals have included: Vietnam Veterans for America, Veterans Education Success, The Retired Enlisted Association, High Ground Advocacy, and Ivy League Veterans Council.

The letter, which is attached to this release, closes by urging DOE to "take action to better protect those who once protected the nation. Our veterans deserve nothing less."

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Supporting documents

NAAG Letter to Department of Education

Attorney General Frey files complaint against Purdue Pharma

June 3, 2019

AUGUSTA - Attorney General Aaron M. Frey filed a complaint today in Kennebec County Superior Court against Purdue Pharma L.P., Purdue Pharma, Inc. and members of the Sackler family, who own and control Purdue, alleging that they committed unfair and deceptive business practices in violation of the Maine Unfair Trade Practices Act. The complaint describes Purdue's successful efforts to deceptively market opioid drugs in Maine from 2007 through 2017, as Maine's opioid crisis reached epidemic levels.

"Purdue and the Sackler defendants misled Maine consumers, and in doing so played a significant role in accelerating the opioid epidemic," said Frey. "Our complaint alleges that their unrelenting sales visits to doctors and deceptive practices led to a marked increase in opioid prescriptions, and a corresponding increase in the number of Mainers suffering from opioid use disorder. Maine deserves accountability and redress from Purdue and the Sacklers.

As the complaint alleges, the Sackler defendants increased the companies' sales force nationally and in Maine which enabled them to increase their visits to Maine health care providers. As a consequence of the increased sales visits, sales of Purdue's opioids rose in Maine and in 2012 Maine health care prescribers wrote prescriptions for long action opioid pain relievers - the type Purdue sells - at the highest rate in the nation: 21.8 prescriptions for every 100 Mainers.

Some of the unfair and deceptive acts alleged in the complaint include:

Making unsubstantiated claims about how opioids lead to addiction and the extent to which addiction risk can be managed; Misrepresenting and making unsubstantiated claims that increased doses of opioids did not pose significant additional risks of addiction; Claiming there was no ceiling on the dosage of opioids that could be safely prescribed; Misrepresenting the challenges in managing withdrawal; Misrepresenting the cause of the opioid crisis as primarily criminal abuse and minimizing the role of addiction caused by taking opioids as prescribed.

Additionally, the Attorney General alleges that Purdue claims that OxyContin had a less euphoric effect and less abuse potential than short-acting opioids, and that it provided more consistent pain relief were false. The Complaint also alleges that Purdue told prescribers that patients were unlikely to become addicted to opioids if they took the opioids as prescribed, that Purdues opioids were safe and appropriate for first-line treatments for chronic non-cancer pain, and that their opioids improved patients' quality of life; none of which is supported by science.

The Federal Substance Abuse and Mental Health Services Administration estimated that an average of 10,400 Maine residents each year struggled with opioid abuse disorder (including heroin use and pain relievers) between 2007 and 2016. Of the 2,206 opioid overdose deaths in Maine between 2007 and 2018 (numbers which include deaths involving heroin and non-prescription fentanyl), 1,321 were caused by prescription opioids. Of those deaths, 482 were caused by oxycodone.

Maine has asked the court for relief including a permanent injunction, enjoining the defendants from engaging in any acts that violate the Maine Unfair Trade Practices Act, a civil penalty of up to $10,000 for each intentional violation of the Act, and reasonable attorneys' fees.

In addition to the lawsuit filed by Attorney General Frey, District of Columbia AG Karl Racine, California AG Xavier Becerra, and Hawaii AG Clare Connors each filed individual suits against Purdue today. These states join more than 40 others, and about 2,000 local and tribal governments, that have already filed lawsuits against Purdue for fueling the opioid epidemic.

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Supporting documents

Redacted Purdue Complaint

Attorney General Frey Joins Lawsuit to Force EPA to Issue Rule on Toxic Asbestos

July 1, 2019

AUGUSTA - Attorney General Aaron M. Frey today joined coalition led by the California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey in filing a lawsuit challenging the U.S. Environmental Protection Agency's (EPA) failure to initiate rulemaking to help regulate asbestos. The attorneys general had previously petitioned the EPA to create a new rule requiring data collection on the importation and use of asbestos, one of the world's most toxic substances.

"Our request to the EPA in January was simple: follow the law by creating a rule to collect data on the importation and use of asbestos," said Frey. "The rule would give the EPA the information they need to properly regulate asbestos and, in doing so, save lives. Their refusal to create this rule makes this lawsuit necessary."

Asbestos - a carcinogen that takes 15,000 lives per year - is linked to diseases that are life-threatening, or cause substantial pain and suffering, including mesothelioma, fibrosis, lung cancer, gastrointestinal cancer, and other lung disorders and diseases. There is no safe level of exposure to this highly toxic material. Currently, the EPA does not possess, and is not collecting, the necessary comprehensive data about the importation, processing, and use of asbestos and asbestos-containing articles in the U.S.

In January 2019, the coalition petitioned the EPA pursuant to the Toxic Substances Control Act (TSCA) to create a new set of regulations within the TSCA's Chemical Data Reporting rule. This rule is intended to provide data on the importation and use of chemicals, including asbestos. The Attorneys General point out that robust reporting of the distribution and use of asbestos and asbestos-containing articles is necessary to provide the EPA with the data it needs to fulfill its obligations to evaluate and address the risks posed by toxic chemicals under TSCA. Further, the new rule would have helped ensure that EPA's regulatory decisions regarding asbestos are consistent with the best available science, and the data resulting from the requested regulations would provide the states with important information that is not currently collected.

The EPA denied the states' petition in late April. In their lawsuit challenging EPA's denial of the petition, the coalition argues that the rulemaking they requested is necessary under TSCA, and that the denial of the petition was arbitrary and capricious and violates the agency's obligations under TSCA. Specifically, the Attorneys General ask the court to compel EPA Administrator Andrew Wheeler to initiate a rulemaking and issue a new asbestos reporting rule to:

  • Eliminate "naturally occurring substance" as an exemption for asbestos reporting;
  • Require processors of asbestos, as well as manufacturers, including importers, of the chemical substance to adhere to reporting requirements;
  • Ensure that the impurities exemption in the Chemical Data Reporting rule does not apply to asbestos; and
  • Require reporting with respect to imported articles that contain asbestos.

Joining Attorney General Becerra, Attorney General Healey, and Attorney General Frey in filing the lawsuit are the attorneys general of Connecticut, the District of Columbia, Hawaii, Maine, Maryland, Minnesota, New Jersey, Oregon, and Washington.

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Supporting documents

TSCA Section 21 NDCA Complaint

Attorney General Frey Files Supreme Court Brief to Protect LGBTQ+ Workers

July 3, 2019

AUGUSTA - On the heels of Pride Month and the 50th anniversary of the Stonewall riots that began the modern gay rights movement, Illinois Attorney General Kwame Raoul and New York Attorney General Letitia James, along with a coalition of 20 attorneys general which includes Maine Attorney General Aaron M. Frey, are today filing an amicus brief with the U.S. Supreme Court arguing that federal anti-discrimination laws protect LGBTQ+ employees. The coalition will be filing the brief in three cases pending before the court that involve workers being fired based on sexual orientation or gender identity.

The brief is being filed in the Supreme Court cases of Altitude Express v. Zarda; Bostock v. Clayton County, Georgia; and R.G. & G.R. Harris Funeral Homes v. EEOC, which are being considered together by the court. In their brief, the coalition argues that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against transgender people or on the basis of sexual orientation.

"Our argument is rooted in the fundamental principle of equal treatment under the law and that discrimination against LGBTQ+ workers is unacceptable," said Frey. "Ensuring that the Civil Rights Act of 1964 applies to LGBTQ+ workers provides recognition that these individuals have legal protections to pursue their careers and provide for themselves and their families without hassle or harassment."

Two of the cases, Altitude Express v. Zarda and Bostock v. Clayton County, Georgia, involve employees who were terminated from their jobs after their employers learned they were gay. The attorneys general argue in their brief that Title VII's prohibition on discrimination based on sex encompasses discrimination based on an individual's sexual orientation. The third case, R.G. & G.R. Harris Funeral Homes v. EEOC, involves a transgender woman who was fired by the funeral home where she worked when she asked her employer for permission to dress in accordance with her gender identity. In the brief, the coalition argues that Title VII prohibits discrimination against transgender people based on sex stereotyping or their gender identity.

The coalition argues that employment discrimination based on sexual orientation and gender identity increases the already high rates of prejudice LGBTQ+ people experience at work. It also contributes to increased harassment of LGBTQ+ employees in the workplace, which ranges from denial of jobs and promotions to physical and sexual assault.

In the brief, the attorneys general also argue that discrimination against LGBTQ+ employees impedes States' ability to promote equality and protect residents' dignity, economic security and mental health. Furthermore, the coalition argues that discrimination against LGBTQ+ workers has an economic impact on States because when LGBTQ+ residents are denied the ability to support themselves, many are forced to rely on public assistance programs. Discrimination against LGBTQ+ workers also decreases business productivity and increases health costs, which inhibits States' economic growth.

Joining Attorneys General Raoul, James, and Frey in filing the amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington.

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Aaron Frey and 21 AGs File Brief in Cases Involving Discrimination Based on Sexual Orientation & Gender Identity.

Supporting documents

Brief

Drug deaths continue to decline, but data raises concerning questions

July 11, 2019

AUGUSTA - In the wake of figures released by his office and the Office of Chief Medical Examiner, which show that drug overdose deaths continued to decrease in the first quarter of 2019, Attorney General Aaron M. Frey says that he remains concerned about the opioid use disorder epidemic and the increase in deaths caused by other drugs, notably cocaine.

"The first quarter data shows that most deaths were caused by two or more drugs, and that cocaine-involved deaths have increased. We should expect that as this crisis evolves, patterns will shift and as a society we will have to respond accordingly," said Frey. "I will continue to work in a collaborative manner with Governor Mills, the legislature, and all relevant agencies and community leaders to address this crisis and seek ways to reduce harm, treat substance use disorders, and save lives."

The report compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center, showed that while the total of 74 drug fatalities during the first quarter of 2019 was fewer than the 86 deaths reported in the first quarter of 2018, at least 91 percent of those deaths were attributed to accidental overdoses. 80 percent were caused by two or more drugs, and 84 percent were caused by at least one opioid.

Deaths due to fentanyl and its analogs rose in the first quarter, causing 66 percent of all deaths and 79 percent of opioid deaths. Cocaine-involved deaths constituted 31 percent of deaths, up from 25 percent in 2018. The number of deaths involving methamphetamines also increased.

The report notes that quarterly totals have fluctuated over the past several years, with slightly more deaths in the second and third quarters than in the first; thus, the first quarter's total may underestimate the ultimate 2019 total.

Attorney General Frey noted that combatting drug deaths continues to be a priority of the Office of the Attorney General. He is a member of the Governor's Opioid Task Force.

Supporting documents

Drug Death Report: 1st Quarter 2019

Report of the Attorney General on the Use of Deadly Force by Waldoboro Police Officer on January 22, 2017

January 5, 2018

Supporting documents

20170122_Waldoboro_Lash

Report of the Attorney General on the Use of Deadly Force by Vassalboro Police Officers, State Police Lieutenant, on February 10, 2017

March 5, 2018

Supporting documents

20170210_Ireland_et_al_Vassalboro.pdf

Report of the Attorney General on the Use of Deadly Force by Portland Police Officer on February 18, 2017

March 5, 2018

Supporting documents

20170218_Goodman_Portland.doc.pdf

Report of the Attorney General on the Use of Deadly Force by Presque Isle Police Officer on March 17, 2017

March 30, 2018

Supporting documents

20170317_Presque Isle_White.pdf

Report of the Attorney General on the Use of Deadly Force by Kennebec County Deputy Sheriff on May 19, 2017 in Belgrade

June 15, 2018

Supporting documents

20170519_Belgrade_Pierce

Report of the Attorney General on the Use of Deadly Force by Gorham Police Chief on May 24, 2017

September 12, 2018

Supporting documents

20170524_Gorham_Jones

Report of the Attorney General on the Use of Deadly Force by York County Sheriffs on May 29, 2017 in Arundel

November 28, 2018

Supporting documents

20170529_Arundel_Thistlewood Mains.pdf

AG Frey Joins Coalition of 18 AGs Urging Regulators to Protect Workers from Harmful Anticompetitive Labor Practices

July 16, 2019

AUGUSTA - Attorney General Aaron M. Frey today joined a coalition of 18 states in submitting comments to the Federal Trade Commission (FTC) urging collaboration between regulators to protect workers from anticompetitive labor practices that depress wages, limit job mobility, and limit opportunities for advancement. In an official comment letter submitted in connection with the FTC's hearings on competition in the 21st century, the Attorneys General argue that regulators should increase their focus on antitrust enforcement in the labor market and use their authority to crack down on harmful practices - like anticompetitive non-compete and no-poach contract agreements - in addition to considering how workers are impacted by proposed mergers. The comments highlight recent efforts by state Attorneys General to crack down on anticompetitive activity and identifies areas for future state and federal collaboration in antitrust work around labor issues.

"It is important in a constantly changing economy for workers to be able to advance their careers, develop professionally, and seek better compensation when there are opportunities to do so," said Frey. "Non-compete clauses and no-poach contract agreements are frequently used against workers to depress wages and limit mobility. In fact, Maine took significant action this year to prohibit non-compete agreements for certain workers. The FTC should follow suit ban these practices for low-wage workers and also examine how mergers impact our workforce."

Antitrust laws work to protect competition in markets that benefits consumers and workers. These laws also work to prevent harmful practices such as monopolization, price-fixing, and market allocation, which can result in higher prices, depressed wages, decreased supply of products, or lower quality products and services. State Attorneys General and the FTC have a strong interest in protecting the competitiveness of markets and can work independently or collaboratively to take enforcement action to stop antitrust law violations.

Antitrust enforcers are increasingly considering how mergers impact labor markets. State Attorneys General have been active in bringing enforcement actions against companies who impose restrictive contract agreements that limit workers' ability to obtain competitive wages and benefits.

Recent antitrust actions brought by state Attorneys General have also confronted labor issues. In March 2019, a coalition of 14 Attorneys General secured a settlement with four fast-food chains to stop using no-poach agreements, which prevent employees from leaving one fast food franchise to work for another franchise in the same chain. These restrictive agreements prevent low-wage workers from pursuing better paying jobs and deny franchisees the opportunity to hire skilled employees of their choice. Several Attorneys General joined similar settlements with a fifth chain in July 2019.

In their comments, the Attorneys General urge the FTC to consider the following labor considerations in antitrust matters:

Impact of company mergers on workforce: Antitrust enforcement should consider whether merging companies have specialized workforce needs and/or are within the same geographic area with a small workforce. A merger with either of these factors could result in fewer jobs and limited ability for specialized workers to switch to other types of work. If it seems like one of these labor market conditions could apply, enforcers could gather information from the human resources departments of the merging companies and competitors to better understand the labor needs and hiring practices that might occur.

Effect of non-compete, non-solicitation, and no-poach agreements on worker job mobility: These types of agreements can limit the job mobility of workers. Non-compete agreements prevent employees from seeking work with a competing company. Non-solicitation agreements prohibit employees from soliciting employees of their current employer to move with the employees to a new job and may effectively act as a non-compete agreement. Certain types of no-poach agreements prevent employees from leaving one franchise to pursue a better job at another franchise in the same chain. Because of this harm, the letter urges the FTC to ban non-compete agreements for low-wage workers, as many states have done, and intra-franchise no-poach agreements.

The FTC's recent series of hearings over the past months have been a useful and welcome dialogue on antitrust issues facing today's government antitrust enforcers. The Attorneys General's Comments emphasize the importance of advancing antitrust enforcement to protect workers in today's rapidly evolving economies and collaborating with the FTC to do just that.

The comment letter was led by District of Columbia Attorney General Karl Racine and joined by the Attorneys General from California, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Pennsylvania, Rhode Island, Virginia, and Washington.

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Supporting documents

State Attorneys General Comments on Labor Issues in Antitrust 7.15.2019

Report of the Attorney General on the Use of Deadly Force by Maine State Police on June 7, 2017

July 19, 2019

Supporting documents

20170607_Orrington_Michaud_Haines_Coflesky

Maine Attorney General and Attorneys General from 47 States, Washington, D.C., and Puerto Rico Reach a $600 Million Settlement with Equifax

July 22, 2019

AUGUSTA - Attorney General Aaron M. Frey announced today that he and Attorneys General from 47 states, Washington, D.C. and Puerto Rico have reached an historic $600 million settlement with Equifax Inc. following the largest data breach enforcement action in history. The settlement, which is part of a global settlement that Equifax reached with the Federal Trade Commission ("FTC"), the Consumer Financial Protection Bureau ("CFPB") and the multi-district class actions, is the result of an investigation into a massive 2017 data breach. Equifax will pay $300 million dollars, and up to an additional $125 million dollars, into a single Consumer Restitution Fund for the benefit of consumers affected by the breach. In addition, Equifax will pay the Attorneys General a total of $175 million, of which Maine will receive $1,000,000.

"This settlement will enable Maine consumers to obtain relief in the event they experience identity theft resulting from Equifax's failure to protect personal information," said Frey. "Entities like Equifax who store our personal information have a duty to make every effort to ensure that information is secure from unlawful access."

Equifax is the oldest and one of the three largest American consumer credit reporting agencies. The settlement resolves allegations by the Attorneys General that Equifax failed to adequately inform consumers about its data protection practices, and to take reasonable steps to protect consumers' personal information from the 2017 data breach. The breach affected more than half of the U.S. population - more than 147 million U.S. consumers - of which 542,268 are Maine residents. Breached information included social security numbers, names, dates of birth, addresses, credit card numbers and, in some cases, driver's license numbers.

As part of the settlement with the Attorneys General, Equifax will offer consumers affected by the 2017 data breach free credit monitoring services for 10 years, and free Identity Theft Restoration services. Equifax will also take other steps to assist consumers in making it easier for consumers to freeze and thaw their credit and to dispute inaccurate information in credit reports; and requiring Equifax to maintain sufficient staff dedicated to assisting consumers who may be victims of identity theft. In addition, Equifax will strengthen its security practices, including by minimizing its collection of sensitive data and the use of consumers' Social Security numbers, performing regular security monitoring, logging and testing, and using new policies regarding the identification and deployment of critical security updates and patches.

The program to pay restitution to consumers will be conducted in connection with the settlements that Equifax reached with the FTC, the CFPB and the multi-district class actions. Consumers who are eligible for relief from the Consumer Restitution Fund will be required to submit claims online or by mail. Paper claim forms can also be requested over the phone. Consumers can obtain information about the settlement, check their eligibility to file a claim, and file a claim on the Equifax Settlement Breach online registry. To receive email updates regarding the launch of this online registry, consumers can sign up at www.ftc.gov/equifax-data-breach. Consumers can also call the settlement administrator at 1-888-759-2982 for more information.

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Attorney General Frey Issues Statement on Trump Administration's Rollback of Clean Car Rule

July 24, 2019

AUGUSTA - Attorney General Aaron M. Frey, along with 11 other state Attorneys General, sent a letter today to the Environmental Protection Agency (EPA) requesting that they withdraw their rollback of federal Clean Car Rules.

"Maine has been proactive in establishing stringent vehicle emission standards in order to protect the quality of the air we breathe," said Frey. "The Federal government is acting to weaken emission standards and failed to involve states in their decision-making."

In their proposal to roll back federal Clean Car Rules (GHG standards and fuel economy standards), the EPA and the National Highway Traffic Safety Administration (NHTSA) also propose to preempt states from maintaining their own more stringent standards. The agencies falsely asserted they had complied with state consultation requirements of a longstanding Executive Order requiring federal agencies proposing a rule that will preempt state law to consult with states early in the process of developing the proposal.

The EPA/NHTSA Clean Car rollback's proposed state preemption would have substantial impact on the preempted states both by:

1) revoking California's waiver under the federal Clean Air Act to adopt and enforce more stringent vehicle emission standards than those adopted nationally, which would thereby also preempt the 12 states that follow CA's lead; and

2) asserting that the states' separate clean car standards are preempted by the statute under which NHTSA sets fuel economy standards.

The EPA went further, proposing that states are preempted from adopting California's standards even if California's standards were to remain un-preempted.

At the time EPA/NHTSA proposed the rollback and asserted the compliance with the Executive Order, the states in the coalition had no knowledge of ever being consulted on the proposed preemption by EPA/NHTSA, so the states requested documents under the federal Freedom of Information Act for any records supporting such consultation. In its much-delayed FOIA response whereby the states sued to compel the agency to respond, the agencies provided no records of any consultation with any state of the rollback proposal's preemption.

The comments filed today request that EPA/NHSTA withdraw the rollback rule and comply with the Executive Order's consultation requirement before issuing another rule, and that EPA/NHSTA correct the public record to reflect that they, in fact, did not comply with the Executive Order.

The states that submitted the comments include Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Vermont, and Washington.

Supporting documents

Attorney General Comments on Clean Car Rule Rollback

Attorney General Frey Joins Coalition of 22 States Attorneys General In Urging Congress to Act on Toxic 'Forever' Chemicals

July 30, 2019

AUGUSTA - Attorney General Aaron M. Frey today released a joint letter to Congress, signed by a coalition of 22 State Attorneys General and led by New York Attorney General Letitia James, strongly urging the U.S. Senate and House of Representatives to pass legislation to aid states in addressing the public health threat of toxic "forever" chemicals. In the letter sent to Congressional leadership, the coalition calls for action to help states address and prevent the growing dangers of a family of chemicals known as per- and polyfluoroalkyl substances (PFAS), a group of super-resilient, man-made chemicals contaminating drinking water and other media throughout the nation. Additionally, the Attorneys General also urged Congress to provide financial assistance to help state and local governments offset the high cost burden of cleaning up drinking water supplies.

"These chemicals have been linked to significant negative health effects and have also negatively impacted traditional Maine industries such as farming," said Frey. "Maine has shown leadership in addressing this issue through both legislation and the creation of the Governor's PFAS Task Force, but federal assistance is needed to help states better regulate these chemicals and to provide financial support to target and clean up contamination."

The two most studied types of PFAS contaminants are perfluorooctane sulfonic acid/perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid/perflurooctanoate (PFOA). PFAS chemicals resist degradation in the environment and accumulate in the body. Those contaminants are also linked to serious adverse health effects in humans and animals. Human health effects associated with exposure to PFOA include kidney and testicular cancer, thyroid disease, liver damage, and preeclampsia; exposure to PFOS is associated with immune system effects, changes in liver enzymes and thyroid hormones, and other conditions.

Across the country, PFAS contamination is most often associated with military bases, firefighting training centers, civilian airports, and industrial facilities. PFAS chemicals tend to be persistent in the environment and have been used for decades as ingredients in firefighting foam. Some states with significant PFAS contamination are currently spending tens of millions of dollars to address the contamination in public drinking water systems, and to investigate numerous areas and sources of potential contamination.

While both the U.S. Senate and House of Representatives have advanced legislation that addresses issues related to PFAS contamination, the Attorneys General urge Congress to deal with "the most urgent legislative needs" of states as they work on a final agreement on this legislation. These urgent needs, based on states' firsthand experience, include:

Designating certain PFAS chemicals as "hazardous substances" under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), otherwise known as "Superfund." Such designation is a key to cleaning up some of the most dangerous PFAS-contaminated sites in the country, including U.S. Department of Defense sites and so-called "orphan" sites, where the responsible parties have not been identified or located, or have simply failed to act.

Adding the entire class of PFAS chemicals to the EPA's Toxic Release Inventory (TRI), which requires certain industrial facilities to report annually the amount of specific toxic chemicals released into the environment. This would provide critical information about new potential sources of these chemicals, as well as the areas of potential contamination.

Providing funding for remediation of PFAS-contaminated drinking water supplies - particularly those in disadvantaged communities, where many face severe water affordability issues. Municipalities struggling to afford the high costs associated with cleaning up PFAS contamination in turn may raise water rates on local residents.

Prohibiting the use and storage of firefighting foam containing PFAS at military bases and other federal facilities as soon as possible and in the meantime, providing immediate protective measures, especially when firefighting foam is used.

Providing medical screening of PFAS exposure for appropriate personnel and members of the public, including but not limited to firefighters.

Joining Attorney General Frey in the letter are the Attorneys General of California, Connecticut, Delaware, District of Columbia, Guam, Hawai'i, Illinois, Iowa, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Jersey, New Mexico, New York, Oregon, Rhode Island, Virginia, Washington and Wisconsin.

Supporting documents

Multistate PFAS Letter 7.30.19

AG Frey Joins Multistate Coalition Challenging Trump's Move to Gut Protections for Asylum Seekers Fleeing Persecution

August 2, 2019

AUGUSTA - Attorney General Aaron M. Frey today joined a group of 21 State Attorneys General to challenge the Trump administration's proposed changes to asylum standards. If implemented, these changes would allow the Executive branch to arbitrarily deny asylum claims to immigrants seeking haven from domestic or gang violence. In a friend-of-the-court brief filed in Grace v. Barr before the United States Court of Appeals for the District of Columbia Circuit, the AGs argue that these stringent revisions-which would effectively bar asylum claims based on domestic or gang-related violence-go against longstanding federal law and judicial precedent, undermining the rule of law itself.

"It is our country's longstanding policy to protect individuals seeking refuge from persecution and violence. Our state has benefitted from the presence of asylum seekers who have chosen to make live, work, and raise families in Maine," said Frey. "The federal government's proposed changes to asylum standards not only run counter to our values, but also to federal law."

The District of Columbia and partner states filed this amicus brief in Grace v. Barr, in support of the plaintiffs' challenge to the Trump administration's heightened asylum standards. The lawsuit was first filed by the American Civil Liberties Union (ACLU), Center for Gender & Refugee Studies, the ACLU of Texas, and the ACLU of D.C., in response to a policy former Attorney General Jeff Sessions implemented in June 2018.

Sessions articulated this policy change in Matter of A-B-, while intervening in the Board of Immigration Appeals (BIA)'s decision to grant a Salvadoran woman asylum based on her claim of spousal abuse. In his ruling, Sessions broke sharply from existing precedent to argue that BIA should reject asylum claims regarding domestic or gang violence. Shortly after, the United States Customs and Immigration Service issued guidelines for implementing this policy, emphasizing denial of such claims.

In December 2018, the United States District Court for the District of Columbia struck down the change, ruling it incompatible with existing law. The Department of Justice is now appealing the ruling in the Court of Appeals for the District of Columbia.

In this amicus brief, the states collectively argue that the District Court's decision to reject the administration's heightened standards should be upheld, on the basis that:

The standards violate established federal law: A near categorical bar to asylum claims based on domestic or gang violence, as Matter of A-B- recommends, would illegally prevent victims of such violence from attaining asylum protection. The asylum process is rooted in the Immigration and Nationality Act. Among other things, that legislation makes it legal for anyone who arrives at the U.S. border to apply for asylum over a "well-founded fear of persecution" in one's home country. Subsequent court cases have validated the legitimacy of claims made based on gang or domestic violence.

The standards are inconsistent with state, federal, and international policies protecting victims of violence: All 50 states have enacted provisions in their criminal and civil codes to protect victims of domestic violence, and the federal government has acknowledged the need to assist immigrant women who have been victimized by domestic violence. Both have dedicated programs and resources to gang violence prevention. Furthermore, in signing the 1967 United Nations Protocol Relating to the Status of Refugees, the United States vowed to protect individuals escaping persecution. The Trump administration's policy clashes with these commitments.

The standards restrict states' abilities to grow their economies: Immigrants make significant contributions to the economy, and American society more broadly. This is borne out in study after study, and through recent experience nationwide. For example, nearly half of all new residents in the Great Lakes region between 2000-2015 were foreign-born, arriving at a moment when the region's population growth lagged the national average. This influx of foreign-born residents boosted jobs and wages in the region. Given that the majority of asylum grantees are of working age and can contribute to a state's economic activity, the Trump administrations standards would limit states' access to a valuable source of labor.

The multistate coalition was led by District of Columbia Attorney General Karl A. Racine and was joined by the Attorneys General of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington.

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Supporting documents

Grace v. Barr Amicus

Loan Servicer Ceases Foreclosures Found by Maine to be Wrongful: Settlement Includes Consumer Refunds, Penalties

August 6, 2019

AUGUSTA - Ocwen Financial Corporation will refund or credit 24 Maine residents more than $50,000 in attorney's fees they were assessed when their homes were foreclosed upon, and the company will pay $24,000 in civil penalties and $10,000 in investigative costs to the State of Maine, as part of a Consent Agreement signed last week.

Ocwen is a national provider of loan servicing for lenders. It is headquartered in Florida and has offices in several states. In its Consent Agreement with Maine's Bureau of Consumer Credit Protection and Attorney General, Ocwen admitted that after July 2014 it pursued foreclosures against Maine homeowners based on paperwork which the State found to be legally defective.

Specifically, Ocwen used "powers of attorney" granted by corporate originators of the mortgages, but those corporate originators of the mortgages had been legally dissolved - had ceased to exist - no later than March 2012. The State alleges that the powers of attorney terminated when the granting corporations dissolved.

Under the Consent Agreement, the State found that Ocwen's use of the powers of attorneys from legally nonexistent entities violated a statute prohibiting "false, deceptive or misleading representation or means in the collection of any debt."

Ocwen's illegal filings continued into January of 2019, even after Ocwen's lawyers had assured State regulators in November 2018 that the practice would stop. The company termed the additional filings as "inadvertent."

"Maine's Supreme Court has made clear that lenders must establish that they have the legal right to pursue foreclosures," said Will Lund, Superintendent of the Maine Bureau of Consumer Credit Protection. "Those requirements were not followed in these cases."

Attorney General Aaron M. Frey, whose office assisted state mortgage regulators in negotiating and resolving the matter, stated, "The Consent Agreement puts Ocwen - and other national mortgage lenders and servicers - on notice that they must follow the legal standards here in Maine if they pursue actions on defaulted mortgages."

The Consent Agreement may have ramifications beyond Ocwen, noted Superintendent Lund, since other lenders may be filing foreclosures based on similar powers of attorney issued by the same nonexistent corporate loan originators used by Ocwen.

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Supporting documents

Ocwen Consent Agreement

Attorney General Frey Joins Lawsuit Against Trump's "Dirty Power" Rule

August 13, 2019

AUGUSTA - Attorney General Aaron M. Frey, as part of a coalition of 22 states and 7 local governments, today announced a lawsuit against the Trump Administration's Environmental Protection Agency (EPA) over its "ACE" - aka "Dirty Power" - rule. The ACE rule replaced the Clean Power Plan, the first-ever nationwide limits on one of the largest sources of climate change pollution: existing fossil-fueled power plants. The EPA's rule rolls-back these limits and will have virtually no impact on these emissions, prolonging the nation's reliance on polluting, expensive coal power plants and obstructing progress of states toward clean, renewable, and affordable electricity generation.

"Fossil-fueled power plants are major sources of climate change pollution," said Frey. "Beyond the impacts that climate change itself has on Maine's natural resources and economy, we also know that emissions from these plants - including plants outside of Maine - pollute our air and water. Rolling back rules to limit this type of pollution violates the federal Clean Air Act, and will result in negative consequences for Mainers' health, economic well-being, and way of life."

Besides ignoring the science of climate change - the text of the entire ACE rule barely mentions climate change, much less recognizes the dire threat it poses to people's health, the economy, or the environment - the rule disregards requirements of the federal Clean Air Act. The Clean Air Act requires that limits on air pollutants, such as greenhouse gases, must be based on the emissions reductions achievable through the "best system of emission reduction." However, in the "Dirty Power" rule, EPA has ruled out as such a "best system" the most cost-effective, proven, and successful approach to controlling greenhouse gas emissions: shifting from coal-fueled generation to less carbon-intensive generation.

In the 10-state (New York, Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Rhode Island, and Vermont) Regional Greenhouse Gas Initiative (RGGI), a market-based cap-and-trade program, has proven to be an effective, cost-efficient model for reducing power plant emissions of climate change pollution. Power plants in the participating RGGI states have cut their emissions by more than 50 percent, and between 2015 and 2017, these states saw $1.4 billion of net positive economic activity and the creation of 14,500 new jobs - all while maintaining reliability of service and holding the line on electricity rates.

Imprudently, the "Dirty Power" rule prohibits states from participating in cap-and-trade programs means of complying with the requirements of the Clean Air Act.

Significantly, the "best system of emission reduction" used by the Trump EPA in the "Dirty Power" rule - equipment upgrades at coal power plants - will reduce emissions by only 0.7 percent more by 2030 than having no rule at all, according to EPA's own analysis. Further, EPA found that emissions of one or more of three pollutants - carbon dioxide (CO2), nitrogen oxides (NOx), and sulfur dioxide (SO2) - will increase in 18 states in 2030 compared to no "Dirty Power" rule.

The differences in benefits provided by the Clean Power Plan compared to the Trump "Dirty Power" rule are substantial, as reflected in the table below using the agency's own calculations when it finalized the two rules:

[SEE ATTACHED TABLE]

The implications of the "Dirty Power" rule's failure to achieve virtually any reductions in power plant emissions are serious. The International Energy Agency estimates that climate change pollution from the U.S. power sector must be reduced by 74 percent by 2030 below 2005 levels for the U.S. to be able to achieve the goal of limiting worldwide temperature increase to less than 2 degrees Celsius. By the EPA's own estimates, The "Dirty Power" rule falls woefully short of hitting this target with a projected reduction of only 35 percent from 2005 levels. Of that, only roughly one percent is attributable to the impact of the "Dirty Power" rule and 34 percent attributable to market factors.

Today's suit was filed in the US Court of Appeals for the District of Columbia Circuit. In addition to Attorney General Frey, the suit, led by New York Attorney General Letitia James, is joined by the Attorneys General of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia, and the chief legal officers of Boulder, Chicago, Los Angeles, New York City, Philadelphia, and South Miami.

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Supporting documents

"Dirty Power" vs. Clean Power Chart

Petition for Review

Attorney General Frey Joins Multistate Coalition Opposing Trump Administration Rule Restricting Asylum Access

August 15, 2019

AUGUSTA - Attorney General Aaron M. Frey today joined a multistate coalition, led by California and Massachusetts, in filing a comment letter opposing the Trump Administration's attempt to illegally limit access to the asylum process. Under the rule, individuals entering the United States at the southern border, except in limited circumstances, are no longer able to seek asylum unless they applied for and were denied protection in at least one country they transited through prior to their arrival. In a comment letter, the coalition urges the U.S. Departments of Justice and Homeland Security to rescind the policy.

"This proposed rule is part of a series of attempts by the federal government to weaken the asylum process," said Frey. "The proposal violates two federal laws and is contrary to our values. Individuals fleeing dangerous circumstances, who want to live and work in our country, should be allowed to seek asylum here and not be arbitrarily blocked from doing so."

In the comment letter, the coalition maintains that, among other things, the rule violates both the Immigration and Nationality Act (INA) and the Administrative Procedure Act. Under INA, any foreign national may apply for asylum upon their presence or arrival to the United States. These asylum protections were built on the principles of the 1951 Refugee Convention, which sought to mitigate some of the horrors visited upon refugees during and after World War II. INA sets forth very specific circumstances under which an individual can be barred from asylum and provides protections for particularly vulnerable groups.

In promulgating the rule, the Trump Administration failed to provide adequate notice or articulate a reasoned explanation for the rule, in violation of the Administrative Procedure Act. In addition, the rule will have a particularly negative effect on unaccompanied children, LGBTQ applicants, and women asylum-seekers, for whom applying for asylum in a third country is extremely dangerous. In fact, recognizing the rule is likely contrary to law, a federal court has already halted its initial implementation.

In submitting the comment letter, Attorney General Frey joins the Attorneys General of California, Massachusetts, Connecticut, Delaware, Hawai'i, Illinois, Iowa, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

Supporting documents

2019.08.15_Comment Letter_Asylum_84 Fed. Reg. 33829

Report of the Attorney General on the Use of Deadly Force by Maine Game Warden in Gouldsboro on June 27, 2017

August 16, 2019

Supporting documents

Report to Wilkinson.8-16-2019

Attorney General Frey Joins Coalition of Five Attorneys General, Files Suit Challenging Trump Administration Public Charge Rule

August 16, 2019

AUGUSTA - Attorney General Aaron M. Frey today joined a multistate coalition led by California Attorney General Xavier Becerra in filing a lawsuit challenging the Trump administration's Inadmissibility on Public Charge Grounds Final Rule, known as the "Department of Homeland Security (DHS) Public Charge Rule." The lawsuit, filed in the U.S. District Court for the Northern District of California, claims the Rule targets working immigrants and their families by creating unnecessary new barriers to lawful admission to the United States. The Rule discourages hardworking eligible immigrants and their families from accessing critical health, nutrition, and housing programs that supplement their modest wages and help them make ends meet. The Rule creates such a strict standard that, if it were applied to citizens across the country, a substantial portion would be considered likely to be a 'public charge'.

"This rule not only violates the U.S. Constitution, it interferes with Maine's ability to protect its residents," said Frey. "It harms public health and our workforce by discouraging individuals who are legally present and working in our communities from accessing benefits which assist them in obtaining health care, housing, and food. Nobody benefits from this."

Public benefit programs are designed to help working families make ends meet and ensure strong, healthy families. Current guidance by the federal government defines a public charge as a person who is primarily dependent on either public cash assistance for income maintenance or institutional long-term care at the government's expense. The Rule declares that use of additional government programs, including nutrition and food support through the Supplemental Nutrition Assistance Program (SNAP), healthcare through Medicaid, and housing for families through Section 8 housing assistance, now constitute grounds for a public charge determination. These changes would discourage many immigrants and mixed immigration-status families, who are not otherwise subject to the rule, from accessing benefits for which they are eligible and entitled. It will also make it harder for hard-working, low and moderate-income immigrants to be admitted into the United States or get green cards.

In the lawsuit, the Attorneys General argue that the Rule:

Violates the Equal Protection Guarantee of the Fifth Amendment: The Rule will disproportionately block admission of non-white, non-European immigrants from Asia, Latin America, and Africa. It will also prevent higher numbers of immigrants of color from extending their visas or becoming lawful permanent residents, and ultimately create more obstacles in the path to U.S. citizenship.

Arbitrary and Capricious: The Rule punishes immigrants for participating in widely used public benefits programs that are designed to mitigate economic inequality and bolster self-sufficiency, particularly among low wage workers. The Rule also fails to adequately assess the costs that increasing the poverty of families and U.S. citizen children will have on the Nation, its states, and communities.

Contrary to Law: The Rule is contrary to law, interferes with the states' rights to protect their residents, and exceeds the Administration's authority under federal immigration law by circumventing congressional intent.

On October 10, 2018, the Department of Homeland Security issued a proposed rule that would significantly change the grounds for excluding immigrants under the Immigration and Nationality Act. On August 14, 2019, the Rule was published in the Federal Register. Attorney General Frey today joined the Attorneys General of California, Oregon, Pennsylvania, and the District of Columbia in filing suit.

Supporting documents

States' Complaint

Attorney General Frey Joins 51 Attorneys General and 12 Companies in Fight Against Illegal Robocalls

August 22, 2019

AUGUSTA - Attorney General Aaron M. Frey today announced that as a result of a bipartisan, public/private coalition of 51 attorneys general and 12 phone companies he has joined, the phone companies have agreed to adopt eight principles to fight illegal robocalls. This agreement will help protect phone users from illegal robocalls and make it easier for attorneys general to investigate and prosecute bad actors.

"Robocalls are not only a nuisance, they are used to obtain personal and financial information from unassuming victims," said Frey. "Our office receives numerous complaints about these calls every day, so I am pleased to join an effort aimed at making some progress in stopping these illegal robocalls and enforcing the law against the originators of the calls."

The principles address the robocall problem in two main ways: prevention and enforcement.

Phone companies will work to prevent illegal robocalls by:

Implementing call-blocking technology at the network level at no cost to customers. Making available to customers additional, free, easy-to-use call blocking and labeling tools. Implementing technology to authenticate that callers are coming from a valid source. Monitoring their networks for robocall traffic.

Phone companies will assist attorneys' general anti-robocall enforcement by:

Knowing who their customers are so bad actors can be identified and investigated. Investigating and taking action against suspicious callers - including notifying law enforcement and state attorneys general. Working with law enforcement, including state attorneys general, to trace the origins of illegal robocalls. Requiring telephone companies with which they contract to cooperate in traceback identification.

Going forward, phone companies will stay in close communication with the coalition of attorneys general to continue to optimize robocall protections as technology and scammer techniques change.

"The principles offer a comprehensive set of best practices that recognizes that no single action or technology is sufficient to curb the scourge of illegal and unwanted robocalls," said Levi Professor of Computer Science and Electrical Engineering at Columbia University Henning Schulzrinne. "I hope that all parts of the telecommunication industry, both large and small, will commit to rapidly implementing these principles and work with state and federal authorities to make people want to answer their phone again without fear of being defrauded or annoyed."

The coalition of attorneys general, led by North Carolina Attorney General Josh Stein, New Hampshire Attorney General Gordon MacDonald, and Indiana Attorney General Curtis Hill, includes attorneys general from all 50 states and Washington, D.C.

The coalition of companies includes AT&T, Bandwidth, CenturyLink, Charter, Comcast, Consolidated, Frontier, Sprint, T-Mobile, U.S. Cellular, Verizon, and Windstream.

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Supporting documents

Anti-Robocall Principles

Attorney General Frey Files Brief to Protect Women's Rights to Safe Abortion Services

August 23, 2019

AUGUSTA - Attorney General Aaron M. Frey joined a coalition of 16 states led by Illinois Attorney General Kwame Raoul yesterday to file an amicus brief supporting women's access to safe reproductive health care. The coalition filed the brief in Whole Woman's Health Alliance v. Hill, which is currently pending in the U.S. Court of Appeals for the 7th Circuit.

The coalition filed the brief in support of a lawsuit filed by Whole Womans Health Alliance (WWHA), which is attempting to open a medication abortion clinic in South Bend, Ind. In the brief, the coalition argues that states have an interest in protecting the health and safety of residents, which includes promoting access to safe health care and reproductive health care.

"There has been a disturbing trend across the country of states misusing the regulatory process with the purpose of limiting residents' access to safe and legal abortion services," said Frey. "Patients have the right to choose these healthcare services, and inhibiting access in this way both places an undue burden on them and puts them at risk of seeking these services through unsafe sources."

WWHA filed a lawsuit against the Indiana state officials after they denied WWHA's application for a license to open a clinic that would provide medication abortions in South Bend. The state denied the license claiming that WWHA's application did not provide complete and accurate information about affiliated entities operating clinics in other states. WWHA filed suit and sought a preliminary injunction, arguing the state's licensing requirements, as applied to the South Bend clinic, are overly vague and unconstitutional. The U.S. District Court for the Southern District of Indiana entered a preliminary injunction requiring Indiana to allow WWHA to open the clinic, ruling that WWHA was likely to prove that the state's application of the regulatory process in the case was unconstitutional because it placed undue burden on a woman's ability to choose to have an abortion.

The coalition points out that states have a strong interest in ensuring that abortion care, like all health care services, is provided safely. States' interest in public health is best served when their licensing and regulatory processes are applied to protect the health and safety of patients, rather than to deny women access to safe abortion services. In the brief, the attorneys general argue that preventing a clinic from operating in an underserved area may cause women to seek abortions from wholly unregulated sources or to undergo more risky procedures because they are forced to delay care.

Furthermore, the coalition argues, when a state enforces its licensing regulations in a manner that deprives an underserved population of access to abortion care, it increases the public health risk for pregnant women. Currently, there are six abortion clinics in the state of Indiana, and half are located in Indianapolis. According to WWHA, because women in South Bend and the surrounding community do not have access to an abortion clinic, they are forced to travel significant distances to receive safe abortion care in their home state or in a neighboring state.

The coalition also points out that when women are forced to travel to other states to access care due to their home states unlawful conduct, it may strain health care systems in those neighboring states. Evidence shows that women from Indiana regularly travel to Chicago to obtain abortions. In short, the coalition argues, the repercussions of Indianas actions are not limited to Indiana or the women who live there.

Joining Illinois Attorney General Raoul and Attorney General Frey in filing the brief were the attorneys general of the California, Connecticut, Delaware, the District of Columbia, Hawaii, Maryland, Massachusetts, Nevada, New Mexico, New York, Oregon, Pennsylvania, Vermont, and Washington.

Supporting documents

Brief

Attorney General Frey Joins Coalition Condemning Trump Administration Guidance Encouraging Agencies to Ignore Climate Change in NEPA Review

August 27, 2019

AUGUSTA - Attorney General Aaron M. Frey today joined a coalition of 19 attorneys general in filing a comment letter opposing the Council of Environmental Quality's (CEQ) draft guidance on consideration of greenhouse gas emissions under the National Environmental Policy Act (NEPA). NEPA serves as the cornerstone of America's environmental regulatory framework and requires agencies to consider environmental impacts, including greenhouse gas emissions and the effects of climate change, as part of their decision-making process. The requirement to consider greenhouse gas emissions and climate change that the Trump Administration is now attempting to revoke was the result of guidance issued by the Obama Administration in 2016. In the comment letter, the coalition asserts that the Trump Administration's draft guidance encourages agencies to violate NEPA and is arbitrary and capricious.

"Greenhouse gas emissions are proven to have a harmful effect on Maine's environment, economy, and quality of life," said Frey. "By encouraging agencies to ignore climate change when they review decisions under NEPA, the Trump Administration is unlawfully encouraging regulators to ignore evidence which could lead to harmful health impacts and financial costs in the future."

Enacted in 1969, NEPA is one of the nations foremost environmental statutes. NEPA requires that before any federal agency undertakes a "major federal action significantly affecting the quality of the human environment," it must consider the environmental impacts of the proposed action, alternatives to the action, and any available mitigation measures. Nearly every federal action, from the approval of significant energy and infrastructure projects to key decisions concerning the management of federal public lands, requires compliance with NEPA.

In the comment letter, the coalition asserts that the guidance encourages agencies to violate NEPA, is arbitrary and capricious, and should be withdrawn. The draft guidance moves in the wrong direction, muddying the waters on the analysis of climate change impacts under NEPA and creating new legal risks for projects subject to NEPA. The letter outlines a number of concerns, including that the draft guidance:

Unlawfully and arbitrarily ignores the growing body of scientific evidence pointing to the threats of climate change, and the contribution of greenhouse gas emissions to this threat;

Subverts the purpose and requirement of NEPA to promote informed decision-making, by disregarding climate change, the most pressing environmental issue of our time;

Fails to clarify how agencies should consider indirect greenhouse gas emissions, including upstream or downstream emissions caused by projects such as pipelines and mining;

Includes vague and undefined terms that would allow agencies to unlawfully cast aside their obligations under NEPA and that conflict with the straightforward language of the previous 2016 guidance;

Unlawfully suggests that agencies may meet NEPA requirements by comparing projects' greenhouse gas emissions to other estimates and providing a qualitative summary discussion, which is insufficient;

Supports an unbalanced approach to cost-benefit analysis by allowing agencies to exclude the costs or quantities of climate impacts;

Discourages a consideration of required mitigation methods as well as the exploration of reasonable alternatives to reduce climate change; and

Fails to consider coordination and consistency between NEPA and state environmental analysis. Attorney General Frey joins the coalition led by California Attorney General Xavier Becerra, which includes the attorneys general of Colorado, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Minnesota, New Mexico, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.

Supporting documents

Comment Letter

AG Frey Joins Coalition Suing SEC for Putting Brokers Ahead of Investors

September 10, 2019

AUGUSTA - Attorney General Aaron M. Frey today joined a coalition of eight attorneys general from around the nation in filing a federal lawsuit, in the Southern District of New York, challenging the Securities & Exchange Commission's (SEC) "Regulation Best Interest" for failing to meet basic investor protections that were laid out in the historic 2010 Dodd-Frank Act.

"Important fiduciary regulations were adopted as a result of the Dodd-Frank Act, which passed in partial response to the abuses which created the financial crisis," said Frey. "Those regulations provided necessary protections for investors by creating uniform standards which ensured that all financial professionals had a fiduciary duty to their clients. Regulation Best Interest would weaken those important protections."

In June, over an earlier objection made by a coalition of attorneys general, led by New York Attorney General Letitia James, the SEC adopted Regulation Best Interest, which purports to address long-standing investor confusion concerning the standards of care applicable to broker-dealers providing investment advice. While many retail investors mistakenly believe that broker-dealers must place investors' interests first, that has historically not been the case. In fact, federal law has generally only required that broker-dealers' recommendations be "suitable" with respect to the investor's objectives, meaning that a broker-dealer could sell an investor a lower-quality, higher-cost investment as long as that investment otherwise met the investor's investment objectives. Alternatively, investment advisors owe their clients a fiduciary duty.

This investor confusion motivated Congress to take action in 2010. With the passing of the 2010 Dodd-Frank Act, Congress authorized the SEC to draft regulations that would align the standard of conduct for broker-dealers and investment advisors. Under the Act, the SEC was authorized to impose a uniform fiduciary duty on broker-dealers and investment advisors, and require that their recommendations be made "without regard" to their own interests. This uniform fiduciary duty would ensure that investors were protected and treated fairly, regardless of the type of financial professional with which they worked.

While the SEC is claiming that Regulation Best Interest ends the confusion in the industry, the coalition of attorneys general are arguing that the regulation fails to heed Congress' call to action in a number of different ways.

First, the regulation fails to meaningfully elevate broker-dealer standards beyond their existing suitability requirements. In fact, the SEC's own professional staff recommended that the SEC adopt the uniform fiduciary standard articulated in the Dodd-Frank Act, but the regulation expressly rejects imposing a fiduciary standard on broker-dealers and, instead, allows them to consider their own interests when making recommendations.

Second, Regulation Best Interest is likely to produce continued investor and industry confusion because it relies on a vague "best interest" standard and leaves key terms undefined. Moreover, the SEC's adoption of a supposed "best interest" standard - while failing to actually implement requirements to realize that promise - will exacerbate investors' existing confusion over the duties of broker-dealers.

By enacting this flawed regulation, the SEC ignored Congress' express direction in the Dodd-Frank Act, making the regulation unauthorized, arbitrary, and unlawful.

Because the SEC claimed authority to issue Regulation Best Interest under such a broad set of statutory authority, it was necessary to file for relief in both the Southern District of New York and U.S. Court of Appeals for the Second Circuit, which has original jurisdiction over rules promulgated pursuant to the Securities Exchange Act of 1934.

Attorney General Frey joins the attorneys general of New York, California, Connecticut, Delaware, New Mexico, Oregon, and the District of Columbia in filing the lawsuit.

Supporting documents

Complaint

Attorney General Frey Joins Lawsuit Challenging Trump Administration's Attempt to Trample States Authority to Maintain Longstanding Clean Car Standards

September 20, 2019

Maine is one of 13 states which adopted Advanced Clean Car Standards

AUGUSTA - Attorney General Aaron M. Frey today joined a coalition of 24 attorneys general, the cities of Los Angeles and New York, and the California Air Resources Board, in filing a lawsuit against the National Highway Traffic Safety Administration (NHTSA). The lawsuit, led by California Attorney General Xavier Becerra, challenges the Trump Administration's regulation designed to preempt California's greenhouse gas emissions and Zero-Emission Vehicle (ZEV) standards, also known as California's Advanced Clean Car Standards. These standards - authorized in 2013 by a waiver from the Environmental Protection Agency (EPA) and followed in part or whole by 13 other states, including Maine, and the District of Columbia - are a key part of state efforts to protect public health and the environment. In the lawsuit, the coalition asserts that this Preemption Rule is unlawful and should be vacated.

"As one of the states to have adopted Advanced Clean Car Standards, Maine took an important step to confront the serious threat that climate change presents to its economy, environment, and citizens' health," said Frey. "It is long established that states may protect its citizens by taking innovative steps to reduce emissions and promote the use of cleaner vehicles. Now, the federal government is trampling on this authority. This new federal regulation would only serve to increase emission pollution and decrease environmentally-friendly innovation."

Under the federal Clean Air Act, California may apply for a waiver from EPA to set its own vehicle emissions standards that are at least as protective as the federal government's standards, and EPA must approve the waiver, unless it makes certain findings. Over the past 50 years, the EPA has granted 100 waivers to California. Thanks to California's vehicle emissions program, the state and others who have adopted the standards have reduced emissions by hundreds of thousands of tons annually, encouraged the development of emission controls technologies, and paved the way for stronger federal standards.

In January 2012, California adopted its comprehensive Advanced Clean Cars Program for cars and light duty trucks in model years 2017 through 2025. The program combines the control of smog-causing pollutants and greenhouse gas emissions into a single coordinated package. The program improves air quality and curbs greenhouse gases while saving drivers money at the pump. On its own, the California program would reduce carbon dioxide emissions in the state by approximately 14.4 million metric tons a year by 2025 and 25.2 million metric tons a year by 2030. When accounting for emissions savings from other states that have adopted California's standards, these emission reductions nearly triple.

Through its unlawful Preemption Regulation, NHTSA is attempting to declare the California greenhouse gas and ZEV standards preempted under the Energy Policy and Conservation Act (EPCA), based on arguments repeatedly rejected by multiple courts. In doing so, NHTSA oversteps the authority granted to it by Congress and ignores Congress's careful and repeated preservation of California's authority.

In the lawsuit, Maine asks the court to strike down the regulation as unlawful on the basis that NHTSA:

Purports to exercise authority that Congress has not granted the agency: namely, to decree what EPCA does or does not preempt; Imagines an inherent conflict between two sets of rules, California's GHG and ZEV standards and NHTSA's fuel economy standards, that have co-existed for years; Willfully misreads EPCA as preempting state emission standards it explicitly directed NHTSA to account for, and as implicitly repealing portions of the Clean Air Act; Ignores the authority and intent of Congress, which has repeatedly reaffirmed and embraced Californias authority over the last four decades; Flouts the National Environmental Policy Act by failing to assess or analyze the damage that the agencys Preemption Rule will inflict on the environment and public health; Acts arbitrarily and capriciously by failing to explain about-faces from its previous positions or its reasons for acting; Fails to respect states' authority to protect public health and welfare; and Disregards the role these standards play in helping California and other states meet National Ambient Air Quality Standards

Attorney General Frey joins this coalition led by California Attorney General Becerra and includes the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia; as well as the cities of Los Angeles and New York.

Supporting documents

California v. Chao Complaint

24 Attorneys General Oppose Purdue Pharma's Multi-Million Dollar Bonuses for Company Executives

October 3, 2019

AUGUSTA - Today, a coalition of 24 Attorneys General formally opposed Purdue Pharma's $38 million dollar bonuses for company executives. The Attorneys General filed a joinder to the United States Trustee's objection to Purdue's authorization request for their multi-million dollar incentive, bonus, and severance plans. Purdue made this request just two weeks after declaring bankruptcy in the face of multi-billion dollar liabilities for their role in engineering the opioid epidemic.

"These bonuses are yet another example of how Purdue's executives, including the Sackler family, continue to seek to profit the opioid crisis," said Attorney General Aaron M. Frey. "We strongly object to these bonuses and will continue our efforts in Maines courts to hold them accountable for their actions."

In June, the Maine Office of the Attorney General filed suit in Kennebec County Superior Court against Purdue Pharma L.P., Purdue Pharma, Inc. and members of the Sackler family, who own and control Purdue, alleging that they committed unfair and deceptive business practices in violation of the Maine Unfair Trade Practices Act. The complaint describes Purdues successful efforts to deceptively market opioid drugs in Maine from 2007 through 2017, as Maines opioid crisis reached epidemic levels.

As the complaint alleges, the Sackler defendants increased the companies' sales force nationally and in Maine which enabled them to increase their visits to Maine health care providers. As a consequence of the increased sales visits, sales of Purdues opioids rose in Maine and in 2012 Maine health care prescribers wrote prescriptions for long- acting/extended-release opioid pain relievers - the type Purdue sells - at the highest rate in the nation: 21.8 prescriptions for every 100 Mainers.

The Attorneys General of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Idaho, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Nevada, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin joined the opposition filed by the US Trustee.

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Supporting documents

Joinder

Attorney General Frey Announces $116.9 Million Multistate Settlement with Johnson & Johnson and Ethicon, Inc.

October 17, 2019

AUGUSTA - Attorney General Aaron M. Frey today announced a multistate settlement with 41 states and the District of Columbia that requires Johnson & Johnson and its subsidiary Ethicon, Inc. to pay nearly $116.9 million for their deceptive marketing of transvaginal surgical mesh devices. Maine's share of the settlement is $1,515,946.44.

Transvaginal surgical mesh is a synthetic material that is surgically implanted through the vagina to support the pelvic organs of women who suffer from stress urinary incontinence or pelvic organ prolapse. The multistate investigation found the companies misrepresented or failed to adequately disclose the devices possible side effects, including the risk of chronic pain and inflammation, mesh erosion through the vagina, incontinence developing after surgery, painful sexual relations, and vaginal scarring. Evidence shows the companies were aware of the possibility for serious medical complications but did not provide sufficient warnings to consumers or surgeons who implanted the devices.

"It is important for manufacturers of medical devices to accurately disclose the risks and possible side effects of their products," said Frey. In this case, patients suffered because Johnson & Johnson and its subsidiary, Ethicon, Inc, deceptively marketed their products. This settlement will hopefully lead to greater transparency and patient safety moving forward.

Under the settlement, the companies have agreed to pay $116.86 million to the participating states and the District of Columbia. The settlement also provides injunctive relief that requires full disclosure of a devices risks and accurate information on promotional material, in addition to a devices information for use package inserts. The companies must also:

  • Refrain from referring to the mesh as FDA approved when that is not the case;

  • Refrain from representing in promotions that risks associated with mesh can be eliminated with surgical experience or technique alone;

  • Ensure that product training provided to medical professionals covers the risks associated with the mesh;

  • Omit claims that surgical mesh stretches after implantation, that it remains soft after implantation, that foreign body reactions are transient and that foreign body reactions may occur (when in fact they will occur);

  • Disclose that mesh risks include: fistula formation, inflammation, as well as mesh extrusion, exposure and erosion into the vagina and other organs;

  • Disclose risks of tissue contraction, pain with intercourse, loss of sexual function, urge incontinence, de novo incontinence, infection following transvaginal implantation and vaginal scarring; and

  • Disclose that risks include that revision surgeries may be necessary to treat complications, that revision surgeries may not resolve complications and that revision surgeries are also associated with a risk of adverse reactions.

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Supporting documents

Maine Complaint

Consent Judgment

Attorney General Frey Joins Bi-Partisan Coalition of Attorneys General Raising Concerns About Illegal Online Alcohol Sales

October 22, 2019

Multistate coalition calls for online platforms to crack down on illegal sales

AUGUSTA - Attorney General Aaron M. Frey today joined Louisiana Attorney General Jeff Landry and a bipartisan coalition of 46 state and territory Attorneys General, in calling on Facebook, Craigslist, and eBay to take proactive measures against alcohol sales on their platforms which frequently violate state laws.

"It is illegal to sell liquor online in Maine," said Frey. "Despite that, we are aware that consumers, including minors, are able to purchase liquor through online platforms such as Facebook, Craigslist, and eBay. Consumers should not purchase liquor through these platforms; in addition to the illegality of the sale, it is also concerning that the products sold might be fraudulent or tainted, posing health risks. Companies which provide online sales platforms must take responsibility to regulate their activity to ensure compliance with state and federal laws, and to protect public health."

In the letter, the Attorneys General note that the 21st Amendment invests the right to regulate the sale of alcohol to each state, and points out concerns that unlicensed, unregulated, and untaxed alcohol sales are taking place on digital platforms. Some of the products sold on this platform may be counterfeit or tainted, sometimes with harmful health effects. The consumer may not know that this method of alcohol sales is illegitimate, or that these black-market products could pose health risks.

"We believe that everyone has an ethical and moral responsibility to protect consumers, especially those who are most vulnerable to fraud," write the Attorneys General. "Self-regulation and self-policing to prevent illegal and unfair trade practices and ensure consumer safety are minimum responsibilities for your respective companies. You have the technical prowess and power to accomplish basic protections against illegal sales."

The letter asks Facebook, Craigslist, and eBay to take the following specific actions:

1) Review the current content posted to the companies' websites and remove illegal postings for the sales and/or transfer of alcohol products.

2) Develop and deploy programming to block and prevent your platform users from violating state law by posting content for the sale and distribution of alcohol products on their websites.

The Attorneys General also invited the companies to join with them to form a working group with stakeholders from government and industry to further explore how to establish practical and effective protocols for preventing illegal alcohol sales.

Supporting documents

Letters to Facebook, Craigslist, and eBay

Maine Civil Rights Team Project Launches First Annual Day of Welcome

October 24, 2019

AUGUSTA - On Friday, October 25, civil rights teams from across Maine will participate in a Day of Welcome to celebrate and promote the idea that school communities are for everyone and all the parts of their identities protected under the Maine Civil Rights Act: race and skin color, national origin and ancestry, religion, disabilities, gender (including gender identity and expression), and sexual orientation. The event is sponsored by the Maine Office of the Attorney General through the Civil Rights Team Project (CRTP).

"The Day of Welcome is an important opportunity for us to ensure that all Maine students are included and welcomed in Maine schools," said Attorney General Aaron M. Frey. Civil Rights Teams play an important role in engaging our school communities in thinking and talking about issues which relate to the Maine Civil Rights Act. The work of these teams is premised on the belief that our communities and our state are stronger when all are welcome. I encourage all Maine students, families, and all members of our school communities to participate in this Day of Welcome and to work with Civil Rights Teams in their schools. I also encourage members of school communities without a Civil Rights Team to reach out to my office to learn how they can help grow this important program.

The CRTP is a school-based program that supports student civil rights teams, who engage their school communities in thinking and talking about the six protected categories under the Maine Civil Rights Act. Now in its 24th year, it is available to all Maine schools, grades 3 and up, at no cost. There are currently more than 175 schools participating.

As part of the Day of Welcome, all participating teams will create an inclusive welcoming message in their schools.

To honor the day, Governor Janet T. Mills has sent a letter to participating teams.

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Supporting documents

A sample of planned civil rights team activities at various schools

Letter from Governor Mills

Reckitt Benckiser Group Pays $700 Million to Settle Allegations of Improper Marketing and Sale of Suboxone

October 25, 2019

Maine's share of the settlement funds will be approximately $5 Million

AUGUSTA - Attorney General Aaron M. Frey announced today that Maine and other states have reached settlement with the pharmaceutical distributor Reckitt Benckiser Group (Reckitt) to settle allegations that the company, either directly or through a subsidiary, improperly marketed and otherwise promoted the drug Suboxone, resulting in improper expenditures of state Medicaid funds, as described further below. As part of the settlement, Maine will recover approximately $5 Million in restitution and other penalties.

"The opioid crisis is one of the biggest challenges facing our state, so allegations that a company would improperly market Suboxone outside of a complete treatment plan are concerning," said Frey. I applaud the work of our Medicaid Fraud Control Unit in assisting with this settlement agreement and recovering significant resources for the state.

Reckitt is an English public limited company headquartered in Slough, England, the United Kingdom. Reckitt had, until December 23, 2014, a subsidiary named Reckitt Benckiser Pharmaceuticals, Inc. (RPI). RPI distributed, marketed, and sold Suboxone in the United States, including Suboxone Sublingual Tablets and Suboxone Sublingual Film. Suboxone contains a combination of buprenorphine (an opioid) and naloxone (an opioid antagonist) and was approved to suppress opioid withdrawal symptoms as part of a complete treatment plan to include counseling and psychosocial support. In 2014, RPI was spun off as a separate corporation and renamed Indivior, Inc. The settlement described in this statement is with Reckitt, alone.

Reckitt will pay a total of $700 million dollars in resolution of various civil fraud allegations impacting Medicaid and other government healthcare programs, of which over $400 million will go to the Medicaid program. Additionally, Reckitt will enter into a separate non-prosecution agreement with the United States Attorneys Office for the Western District of Virginia and the United States Department of Justices Consumer Protection Branch.

The federal and state civil settlements resolve the following allegations:

(a) That Reckitt directly or through its subsidiaries knowingly promoted the sale and use of Suboxone to physicians who were writing prescriptions (1) to patients without any counseling or psychosocial support, such that the prescriptions were not for a medically accepted indication; and (2) for uses that were unsafe, ineffective, and medically unnecessary and that were often diverted for uses that lacked a legitimate medical purpose. Such prescriptions lacking a legitimate medical purpose are also not for a medically accepted indication.

(b) That Reckitt directly or through its subsidiaries knowingly promoted the sale or use of Suboxone Sublingual Film based on false and misleading claims that Suboxone Sublingual Film was less subject to diversion and abuse than other buprenorphine products and that Suboxone Sublingual Film was less susceptible to accidental pediatric exposure than Suboxone Sublingual Tablets. Physicians relied on these false and misleading claims in prescribing Suboxone Sublingual Film, and state Medicaid agencies relied on these false and misleading claims to their detriment in making formulary and prior authorization decisions.

(c) That Reckitt directly or through its subsidiaries knowingly submitted a petition to the Food and Drug Administration on September 25, 2012, fraudulently claiming that Suboxone Sublingual Tablet had been discontinued due to safety concerns about the tablet formulation of the drug and took other steps to fraudulently delay the entry of generic competition for various forms of Suboxone in order to improperly control pricing of Suboxone, including pricing to federal healthcare programs.

The investigation resulted from a number of qui tam actions, three of which were originally filed in the United States District Court for the Western District of Virginia.

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Attorney General Frey Joins Bi-Partisan Coalition of State Attorneys General Urging Congress to Pass the Veteran Treatment Court Coordination Act

November 15, 2019

AUGUSTA - Attorney General Aaron M. Frey, along with a bipartisan coalition of 43 state attorneys general, is urging Congress to further support Veteran Treatment Courts by passing the Veteran Treatment Court Coordination Act of 2019. Veteran Treatment Courts are diversionary court processes, similar to drug and mental health courts, used for minor, non-violent offenses. These courts pair veterans with mentors to address substance abuse and mental health issues and assist veterans with obtaining United States Veterans Administration benefits that can help them with treatment and employment. There are currently over 450 Veteran Treatment Courts in 40 states and territories.

"Veteran Treatment Courts recognize the unique challenges many veterans face after the conclusion of their military service and focus on treating individuals with the dignity and fairness they deserve," said Frey. I am proud to join this bi-partisan coalition of attorneys general in supporting federal legislation to provide stronger support and coordination for this important initiative.

In a letter to Senate leaders, the attorneys general wrote to encourage the passage of House Resolution 886, the Veteran Treatment Court Coordination Act of 2019. House Resolution 886 would establish a Veteran Treatment Court Program in the United States Department of Justice to provide grants and technical assistance to state, local and tribal courts that implement Veteran Treatment Courts.

Florida Attorney General Ashley Moody and New Mexico Attorney General Hector Balderas co-sponsored the letter. The Attorneys General from the following states and territories signed the letter: Alabama, Alaska, American Samoa, Arizona, California, Colorado, Delaware, District of Columbia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, Oklahoma Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Vermont, Virginia, Washington, West Virginia and Wisconsin.

Supporting documents

Attorneys General Letter

Report of the Attorney General on the Use of Deadly Force by Somerset County Sheriff's Deputies on July 5, 2017 in Madison

November 26, 2019

Supporting documents

20170705_Madison_Somerset Deputies

Attorney General Frey Joins Coalition Fighting to Ensure Women Across the Nation Retain Access to Safe, Legal Abortions

December 3, 2019

AUGUSTA - Attorney General Aaron M. Frey today announced he has joined a coalition of 22 attorneys general fighting to ensure women across the nation are able to maintain access to safe, legal abortions. In an amicus brief filed with the United States Supreme Court - in support of the petitioners in the case June Medical Services v. Gee the coalition of attorneys general seek to overturn a decision from the United States Court of Appeals for the Fifth Circuit upholding a Louisiana law that requires abortion providers to maintain admitting privileges at a local hospital.

"The Louisiana law is designed for only one purpose: to prevent individuals from accessing safe and legal abortion services," said Frey. Similar laws have been struck down by the Supreme Court in the past because of the undue burden they place on patients, and this law must be struck down, too.

In 2014, Louisiana passed a law that requires abortion providers to maintain admitting privileges at local hospitals. If the law were enforced, Louisiana would be left with, at most, two physicians who could provide abortion services in the state, despite the fact that roughly 10,000 women obtain abortions in Louisiana each year. Louisiana's admitting-privileges requirement is identical to the Texas statute that was invalidated and found to be unconstitutional by the Supreme Court in Whole Womans Health v. Hellerstedt. The United States District Court for the Middle District of Louisiana granted a permanent injunction against the Louisiana law, but, in 2018, the Fifth Circuit reversed that decision. June Medical Services and two physicians appealed the decision to the Supreme Court, which granted an emergency application to stay the law from taking effect pending the outcome of the appeal.

The coalition of attorneys general, led by New York Attorney General Letitia James, filed the amicus brief because states have an interest in ensuring the availability of safe, medically sound abortion services and in protecting the health and safety of women seeking abortion services, as well as defending the long-recognized, substantive due process right to choose to terminate a pregnancy and the undue-burden standard that governs review of regulations implicating that right. In the brief, the attorneys general argue that Louisianas law is an unnecessary and onerous burden that fails to promote womens health and will end up further limiting the number of abortion providers available to women in Louisiana.

Attorney General Frey joins the attorneys general of New York, California, Colorado, Connecticut, Delaware, Hawai'i, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia in filing the amicus brief.

Supporting documents

Amicus Brief

Attorneys General Defending Rights of Tipped Workers by Challenging Proposed Labor Rule

December 10, 2019

AUGUSTA - Attorney General Aaron M. Frey, as part of a coalition 19 attorneys general led by Pennsylvania Attorney General Josh Shapiro, Illinois Attorney General Kwame Raoul, Massachusetts Attorney General Maura Healey, submitted a comment letter to the Department of Labor opposing its proposed rescission of protections for tipped workers.

Under Maine wage and hour law, employers are required to pay their employees the minimum wage, which in Maine is $11.00 per hour. Currently, if an employee works in a service job with tips, Maine employers can meet this requirement either by paying employees the full minimum wage or by paying a lower cash wage, no less than $5.50 per hour, and take a credit for the difference with the tips that employees earn. This is known as the "tip credit." In Maine the combination of tip credit and base wage must add up to the minimum wage by the end of the 7-day work week. If it doesn't the employer must pay the difference.

For decades, tipped workers have been protected by what is known as the 80/20 Rule. The rule ensures that any worker being paid the lower cash wage-due to their employer utilizing the tip creditspends at least 80 percent of their work time doing tipped work.

Under DOLs proposal, the 80/20 Rule would be eliminated and employers would be able to assign virtually unlimited amounts of non-tipped work such as cleaning, cooking and other back of the house tasks while still taking a tip credit and paying workers a lower wage.

This proposal would harm workers, increasing their uncertainty about take-home pay and opening the door to potential abuse from employers, said Frey. This rule should not be adopted.

In their comment letter, the attorneys general explain that the proposed rule would further erode the already low wages of tipped workers and leave them more vulnerable to wage theft. The coalition further argues that the proposal is contrary to the purpose of the Fair Labor Standards Act to protect workers and that DOL did not abide by the requirements of the Administrative Procedure Act when it failed to examine the proposals impact on wages and increased reliance on social safety net programs.

Along with Maine, Pennsylvania, Illinois, and Massachusetts, todays comment letter was filed by the Attorneys General of California, Delaware, Hawaii, Iowa, Maryland, Michigan, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.

Supporting documents

Comment Letter

Attorney General Frey sues Castle Builders, Inc. for deceptive and unfair business practices

December 20, 2019

AUGUSTA - Attorney General Aaron M. Frey announced today that he has filed a civil action in the Knox County Superior Court on behalf of the State against Castle Builders, Inc., its owner Malcolm I. Stewart, and his wife Elizabeth J. Stewart for alleged violations of the Maine Unfair Trade Practices Act. The lawsuit seeks a permanent injunction against the Defendants that will prohibit them from soliciting or contracting with consumers for home construction services in the State of Maine, restitution for consumers who suffered financial loss caused by their unlawful practices, civil penalties and attorney's fees.

"This is a particularly egregious example of a business using deceptive marketing to take advantage of Maine consumers," said Frey. My office has listened to numerous stories from individuals who were wronged by Castle Builders, and we are seeking justice on their behalf.

The Stewarts began operating Castle Builders in early 2017 out of the Agway building that they rented on Route 17 in Union, Maine. They aggressively marketed their home construction and repair services to consumers who lived in Knox, Waldo or Lincoln counties. Many consumers who hired them had received a cold call from a telemarketer who solicited them for Castle Builders. Consumers who hired Castle Builders were required to pay a down payment of at least one-third of the contract price when the contract was signed, another one-third at the start of the job, and the balance upon completion. The Stewarts abruptly closed the business, without notice to their employees or customers, on or about September 6, 2019. They moved to South Carolina, and have filed petitions for bankruptcy under Chapter 7, which are pending in the U.S. Bankruptcy Court for the District of Maine. The pending bankruptcy will not impact the Attorney Generals action.

Since the Defendants closed Castle Builders, the Attorney Generals Office has interviewed and taken complaints from 47 consumers who did not receive the contracted work and materials for which they had paid in advance. Many got nothing for their money. Consumers complained that Defendants employed workers who were unskilled and whom they failed to adequately supervise. The work was shoddy, and Defendants failed to correct it. Some consumers complained that Defendants caused damage to the homes because they failed to protect them from rain or snow. Consumers who tried to speak with Malcolm Stewart about their concerns were often put off by staff or ignored.

In addition to announcing the legal action against Castle Builders, Attorney General Frey urged consumers to exercise caution when hiring home construction contractors.

Maine does not license home construction contractors so consumers must proceed with caution when hiring a contractor, said Frey. Ask your friends and family for the names of people who have done good work for them. Check references and do some research to determine if the contractor is reputable or has many complaints. Also, read Chapter 17 of the Attorney Generals Consumer Law Guide, which has information on Maines law governing home construction and repair contracts, and what you can do if youre not satisfied with the contractors work.

The chapter can be found on the Office of the Attorney General website.

Supporting documents

Castle Builders Complaint

Attorney General Frey Joins Amicus Brief in Support of State of Rhode Island in its Lawsuit to Hold Big Oil Accountable for Costs of Climate Change

January 3, 2020

AUGUSTA - Attorney General Aaron M. Frey, joining a coalition of 13 states, today filed an amicus brief supporting the State of Rhode Island in its lawsuit State of Rhode Island v. Shell Oil Products Co., et al. In the lawsuit, the state seeks to hold oil companies accountable for their actions contributing to climate change and the resulting harms from sea-level rise, changes to the hydrologic cycle, and increased air and ocean temperatures.

"The climate crisis is impacting Maine in a number of ways, from ocean temperatures affecting our fisheries to extreme weather damaging our infrastructure and costing taxpayers," said Frey. Big oil companies played a big role in creating this crisis and inhibiting an effective, evidence-based policy response. They should be held accountable for their actions.

In its suit, Rhode Island alleges that the major fossil fuel producing companies knowingly contributed to climate change and failed to warn regulators and the public about the harms of fossil fuel use. Instead, these companies promoted pseudo-scientific theories and questioned legitimate climate science in order to confuse the public and maintain their profits. The complaint argues that Big Oil should be liable for infrastructure-related damages resulting from their actions.

The case is currently pending in the First Circuit after the oil companies appealed a district court decision that the lawsuit belongs in the state court. In the brief, the coalition asserts that the district court decision should be affirmed. The coalition argues that:

States play an important role in addressing climate change and protecting human welfare, including providing a forum to decide cases related to climate change;

The Clean Air Act recognizes states' roles in reducing air pollution and does not indicate that the federal courts should have exclusive jurisdiction over cases involving climate change; and

The defendants appeal to transfer the plaintiffs claims to federal court, knowing that similar claims have been displaced by Congress, could unjustly deny plaintiffs a remedy for harm.

Joining Attorney General Frey, Attorney General Becerra, and Massachusetts Attorney General Maura Healey in filing the brief are the Attorneys General of Connecticut, Delaware, Hawaii, Maryland, Minnesota, New Jersey, New York, Oregon, Vermont, and Washington.

Supporting documents

Amicus Brief

Attorney General Releases 3rd Quarter 2019 Drug Deaths Report

January 23, 2020

AUGUSTA - In the wake of figures released by his office and the Office of Chief Medical Examiner, which show that drug overdose deaths increased slightly in the first three quarters of 2019, Attorney General Aaron M. Frey says that he remains concerned about the opioid use disorder epidemic.

"I am concerned that the number of deaths resulting from overdoses remains high," said Frey. The data in this report confirms how significant this crisis is. It will take dedication from elected officials, individuals, organizations, and communities across the state to get to the other side of this, and I am strongly supportive of the efforts underway to turn the tide.

The report compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center, showed that 277 deaths were caused by drugs in January through September of 2019. Dr. Sorg's report forecasts total drug deaths for the year to be 4% higher than in 2018. The vast majority of the overdoses (84%) were caused by at least one opioid. Attorney General Frey noted that combatting drug deaths continues to be a priority of the Office of the Attorney General. He is a member of the Governors Opioid Task Force.

Supporting documents

ME DD 2019 Q3 Report

Attorney General Frey urges FDA to strengthen e-cigarette enforcement guidance

March 6, 2020

AUGUSTA - Attorney General Aaron M. Frey has joined a bipartisan coalition of attorneys general led by Illinois Attorney General Kwame Raoul, Idaho Attorney General Lawrence Wasden, and Utah Attorney General Sean Reyes urging the Food and Drug Administration (FDA) to strengthen guidance the agency issued to explain how it will enforce regulations of electronic nicotine delivery systems, or electronic cigarettes.

In comments submitted last week, the coalition is encouraging the FDA to expand and strengthen its enforcement guidance by including menthol flavors and products that are not cartridge based. Raoul and the coalition state that the current guidance creates loopholes that manufacturers can exploit and will not help decrease e-cigarette usage among youth.

"It is critical that the FDA update and strengthen its enforcement guidance so that it addresses the full range of e-cigarette products and closes loopholes manufacturers can exploit to market their products to young consumers," said Frey.

The FDA released guidance in January describing how the agency will prioritize e-cigarette enforcement resources. According to the guidance, the FDA will prioritize enforcement against flavored, cartridge-based e-cigarettes, with the exception of tobacco or menthol flavored products. The FDA will also prioritize enforcement against e-cigarette products marketed toward minors or manufacturers that have not taken adequate measures to prevent minors from using their products. However, the guidance does not prioritize disposable products or refillable cartridge systems that are popular among youth.

Under the new guidance, mint flavored e-cigarette products are included in the FDA's enforcement priorities, and the coalition is urging the FDA to amend the guidance to include menthol flavors. The attorneys general point out that as a flavor derived from mint, menthol shares many of the same characteristics making it a convenient substitute for youths who would search for flavor to substitute for mint. The coalition cites the FDAs own data showing that the use of mint and menthol flavors by high school e-cigarette users dramatically increased, from 16 percent in 2016 to more than 57 percent in 2019. The coalition also points to the FDAs admission that evidence has shown that individuals who already use flavored tobacco products will likely switch to other flavored tobacco products if their preferred flavor is no longer available.

In addition to menthol serving as a likely mint substitute due to the flavor similarities, the coalition states that the FDAs decision to permit menthol is problematic because the guidance does not explain how the FDA will distinguish between the two similar flavors. The coalition expresses concern that the FDA will be forced to rely on packaging descriptions of the flavors, which the attorneys general argue creates a loophole manufacturers can exploit by simply renaming the flavors on product labels.

The FDA claims its reasoning for allowing menthol is to avoid removing an incentive for adult smokers who might transition from using combustible cigarettes to potentially less harmful e-cigarettes. The coalition points to a 2020 surgeon general report, which said there is not enough evidence to show that e-cigarettes increase smoking cessation. In fact, the coalition argues, the purported benefits of menthols availability to adult smokers should be outweighed by the risk it poses of attracting youth smokers.

Also in the comments, the coalition states that the FDAs focus on cartridge-based products creates a loophole for self-contained, disposable products that are popular with youth. The coalition points out that with two of the most popular e-cigarette devices among high school students being disposable, the guidance will have the result of pushing youth toward refillable systems.

Attorney General Frey joined Attorneys General Raoul, Wasden, Reyes and the attorneys general of Alaska, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maryland, Massachusetts, Nevada, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, Texas, Vermont, Virginia, Washington, and Wisconsin in submitting the comments.

Supporting documents

Letter to FDA

Statement from Attorney General on Day Care Providers and Consumers

March 19, 2020

AUGUSTA - In response to inquiries received by the office, Attorney General Aaron M. Frey released the following statement addressing questions raised by day care providers and consumers:

"The Office of the Attorney General is receiving questions about whether a day care provider may legally shut down and continue to charge while it is closed during this emergency. The answer to this question will depend on the agreements reached between the day care provider and the consumer. If there is a written contract that covers emergency closure, the contract will likely govern. If there is no written contract, or the written contract does not cover emergency closures, there may be an implied contract arising from the pre-existing course of dealing. For example, if in the absence of a specific agreement a consumer pays a day care provider that is closed for a snow day, that pre-existing course of dealing may mean payment would be required during this emergency.

There are emergency relief provisions being put in place by the state and federal governments. You should look to those measures for relief for unemployment and business losses. Hopefully these measures will alleviate the burden on both day care providers and those that need their services. Existing law relies on the law of contract to allocate the losses between the day care provider and user and if the parties cannot come to an agreement, a court would decide each case, on a case by case basis.

Finally, it is being incorrectly reported that the Office of the Attorney General is investigating the actions of the child care industry in response to the COVID-19 emergency. This is simply not true. While the office has received calls from consumers with questions specific to their day care provider, we are dealing with these in the same way the office deals with any consumer complaint about a specific service they receive."

Attorney General Frey Commemorates National Crime Victims' Rights Week

April 22, 2020

AUGUSTA - In recognition of National Crime Victims' Rights Week, which runs from April 19 through April 25, Attorney General Aaron M. Frey is making Mainers aware of the services and resources which exist for victims of crime.

"It is important that Mainers who have been victims of crimes know that, even in the midst of the COVID-19 pandemic, there are resources available to them," said Frey. Statewide resources range from the victims advocacy work and Victims Compensation Fund housed within the Office of the Attorney General to the resource centers of the Maine Coalition to End Domestic Violence and the Maine Coalition Against Sexual Assault Member Centers as well as other important programs located both inside and outside of state government. I urge individuals who have been victimized to reach out, because even in a global crisis, we are here to work on your behalf.

Attorney General Frey specifically highlighted that individuals who are experiencing domestic violence can still use the phone and online hotlines maintained by the Maine Coalition to End Domestic Violence.

"If you or someone you know is experiencing domestic violence, help is just a call away," said Frey. "I want to emphasize that if you are a victim of abuse, you are not alone, and you or someone you know can always call the 24/7 hotline at 1-866-834-4357 or online chat at thehotline.org."

Below is a sample of resources for victims of crime:

The Maine Victims Compensation Program works to assist victims of violent crimes in Maine like murder, assault, sexual assault, domestic violence, stalking, child abuse, and more. Learn more about this valuable resource at http://www.maine.gov/ag/crime/victims_compensation/

If you are a victim of a homicide, victim advocates at the Office of the Attorney General provide information and support during the investigation, trial and post-trial process Homicide Survivor's Guide (PDF) https://www.maine.gov/ag/crime/crimesweprosecute/homicides.shtml

Maine Coalition to End Domestic Violence: 24/7 statewide toll-free confidential helpline: 1-866-834-4357/Deaf or Hard of Hearing: 1-800-437-1220. Calling not safe? Chat at thehotline.org

National Human Trafficking Hotline: 1-888-373-7888

If you think you are a victim of a scam or attempted fraud involving COVID-19, contact the Consumer Protection Division of the Office of the Attorney General toll-free at 1-800-436-2131 or online at: https://www.maine.gov/ag/consumer/complaints/index.shtml

If you or someone you know has been a victim of elder fraud, help is standing by at the National Elder Fraud Hotline. 833-FRAUD-11/833-372-8311 https://stopelderfraud.ovc.ojp.gov/

Maine Department of Corrections, Office of Victim Services, offers victim services. A victim who wishes to receive victim notification of prisoner or juvenile release MUST file a request. For additional information go to http://www.maine.gov/corrections/VictimServices/

Do you know what victims rights exist in your state? Visit www.victimlaw.org to research state, federal, or tribal law.

Attorney General Releases Drug Death Report for 2019

AUGUSTA - In the wake of figures released by his office and the Office of Chief Medical Examiner, which show that drug overdose deaths increased in 2019, Attorney General Aaron M. Frey says that the report is a reminder that the opioid epidemic remains a powerful public health challenge for Maine.

"It is important as Maine, appropriately, focuses its energy on combatting the COVID-19 pandemic, that we also maintain and increase our efforts to fight the opioid epidemic," said Frey. The data in this report confirms how significant this crisis remains. It also highlights the importance of elected officials, individuals, organizations, and communities across the state to dedicate time and resources towards strengthening our public health infrastructure, which is crucial to combatting both COVID-19 and the opioid epidemic. I strongly support the ongoing efforts of my office, Governor Mills's administration, legislators, and communities across Maine to help get us to the other side of this.

The report compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center, showed that 380 deaths were caused by drugs in 2019. This is a 7% increase over 2018, but lower than the peak of 417 in 2017. The vast majority of the overdoses (84%) were caused by at least one opioid. The report also notes an increase in the involvement of non-opioid drugs such as cocaine and methamphetamines. Most deaths were caused by a combination of two or more drugs.

Attorney General Frey noted that combatting drug deaths continues to be a priority of the Office of the Attorney General. He is a member of the Governors Opioid Task Force.

Supporting documents

Read the full report from Dr. Sorg.

Attorney General Releases Drug Death Report for 2019

May 1, 2020

AUGUSTA - In the wake of figures released by his office and the Office of Chief Medical Examiner, which show that drug overdose deaths increased in 2019, Attorney General Aaron M. Frey says that the report is a reminder that the opioid epidemic remains a powerful public health challenge for Maine.

"It is important as Maine, appropriately, focuses its energy on combatting the COVID-19 pandemic, that we also maintain and increase our efforts to fight the opioid epidemic," said Frey. "The data in this report confirms how significant this crisis remains. It also highlights the importance of elected officials, individuals, organizations, and communities across the state to dedicate time and resources towards strengthening our public health infrastructure, which is crucial to combatting both COVID-19 and the opioid epidemic. I strongly support the ongoing efforts of my office, Governor Mills's administration, legislators, and communities across Maine to help get us to the other side of this.

The report compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center, showed that 380 deaths were caused by drugs in 2019. This is a 7% increase over 2018, but lower than the peak of 417 in 2017. The vast majority of the overdoses (84%) were caused by at least one opioid. The report also notes an increase in the involvement of non-opioid drugs such as cocaine and methamphetamines. Most deaths were caused by a combination of two or more drugs.

Attorney General Frey noted that combatting drug deaths continues to be a priority of the Office of the Attorney General. He is a member of the Governor's Opioid Task Force.

Supporting documents

Read the full report from Dr. Sorg.

AG Frey Joins Multistate Coalition Urging Congress to Strengthen Paycheck Protection Program

May 6, 2020

AUGUSTA - Attorney General Aaron M. Frey today announced that he has joined a coalition of 24 state attorneys general in calling for key changes to the Paycheck Protection Program (PPP) to ensure that funds are distributed fairly and equitably.

In a letter to Congressional leadership, the coalition of attorneys general express concerns that the program, while helping some small businesses and their employees, suffered from a lack of transparency, technical savvy, and functionality that led to funds being distributed in a manner overly benefitting large, well connected companies. As a result, the AGs argue that both the first and second rounds of funding with this program have left many small businesses across the country underserved by PPP.

"Small businesses are the backbone of Maine's economy, and they have been doing the right thing in following the advice of public health experts, often at an enormous financial cost," said Frey. It is important that aid to small businesses through the PPP is distributed fairly, transparently, and with appropriate flexibility and technical assistance in order to maximize its support of the businesses which are impacted.

The coalition is calling for Congress to adopt the following measures before they allocate additional PPP funding:

  1. Increasing Fair Access Funding for Small Businesses: The AGs call for Congress to require the Small Business Administration (SBA) to provide stronger, explicit guidance to lenders ensure that funding goes to small businesses and not large, publicly traded companies. Additionally, the coalition urges Congress to adopt rules that prohibit lenders from giving preference to certain categories of customers over others, such as existing, larger customers or customers whose current debts could create conflicts of interest for the lender.

  2. Ensuring Equitable Distribution: The coalition calls for a portion of any future funding for the program to be allocated exclusively for minority-owned small businesses, and that funding should be fairly distributed across metropolitan areas, and that small banks and credit unions should be fairly represented by as lending sources involved in the program. The coalition also calls for the SBA to create a simple and straightforward process for unbanked or lesser-banked small businesses or those that do not wish to apply through their current financial institution to receive funding.

  3. Better Communication and Transparency: The AGs urge Congress to direct the SBA to provide more direct guidance to businesses during the application process. They also call for the SBA to be required to disclose more granular data on the percentage of loans in various size categories, the number and amount of loans processed by each lender, and the geographic distribution of all loans by metropolitan statistical area, borrower demographics, including gender, race, and ethnicity; and comprehensive data on the businesses that receive funding.

  4. More Flexibility and Technical Support: The AGs believe that the program does not adequately serve small businesses and requires more flexibility. The coalition calls for more longer time limits for businesses looking to rehire employees, around repayment and forgiveness requirements to businesses that allocate a smaller amount of revenue to salaries, and expanding qualifications for loan forgiveness. They also urge the Congress to provide the SBA with greater funding to improve technical support and mandate a uniform, user friendly process for use by lenders.

Joining this Massachusetts-led coalition are attorneys general from California, Connecticut, Colorado, the District of Columbia, Delaware, Hawaii, Iowa, Illinois, Maine, Maryland, Michigan, Minnesota, New Mexico, New York, Nevada, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington State, and Wisconsin.

Supporting documents

Read the Attorneys General Letter

Attorney General Frey Urges the Trump Administration to Protect the Health and Safety of Tens of Thousands of U.S. Meat and Poultry Workers

May 12, 2020

Executive Order Purporting to Keep Processing Plants Open During Pandemic Lacks Meaningful Safety Measures; Will Result in More Closures and Cost Lives

AUGUSTA - Attorney General Aaron M. Frey today joined a coalition of 20 attorneys general calling for President Trump to take immediate action to ensure the health and safety of meat and poultry processing plant employees, who have been deemed essential workers during the COVID-19 pandemic. On April 28, Trump signed an Executive Order invoking the Defense Production Act (DPA) in an attempt to keep meat and poultry processing plants open despite widespread outbreaks of COVID-19 in these facilities. Over 10,000 cases have been tied to the plants, and 45 workers have died. The Order purports to force employees to continue working without imposing adequate and enforceable mandates to protect their health and safety.

"The Trump Administration's executive order did nothing to protect individuals who are working in dangerous conditions," said Frey. Given that there have been COVID-19 outbreaks at meat and poultry facilities across the country, including recently in Portland, it is essential that the Trump Administration mandate protective measures such as priority testing, PPE for all workers, appropriate physical distancing, and quarantine with full pay for workers who test positive.

The incidence of COVID-19 infections among meat and poultry industry workers is so severe that many plants are reporting hundreds of workers testing positive for the novel coronavirus. These clusters of infections are also devastating their surrounding communities. Yet the industry, with workplaces already considered among the most dangerous in the country, has continued to operate the plants without instituting adequate health and safety measures. Despite fast-moving disassembly lines requiring workers to stand shoulder to shoulder for hours, efforts to provide personal protective equipment (PPE) and enforce social distancing measures have been sporadic at best. Some companies also continue to impose punitive measures for employees who fall ill and are unable to work. Rather than slowing line speeds to enable safer working conditions, plants have sought, and the U.S. Department of Agriculture (USDA) has approved, new line speed waivers that force employees to work faster and closer to one another.

Trumps Executive Order instructs the USDA to ensure processing facilities continue to operate under voluntary guidelines for promoting safe working conditions, but it does not mandate these protective measures or commit to enforcing them. The Trump Administration must, the attorneys general contend, make these health and safety standards stronger, mandatory, and enforceable. Adequate measures must include:

  • Priority testing for workers in the processing plants;
  • Immediate access to adequate PPE;
  • Suspension of all line speed waivers, and a halt to approval of any additional waivers;
  • 6-foot physical and social distancing where possible, and plexiglass barriers where distancing cannot be achieved; and,
  • Isolation and quarantine of COVID-19 positive workers, with full pay.

Without additional measures to protect these workers, Trumps Executive Order will prolong the spread of illness and death and imperil its own goal of keeping the plants open. Additionally, the Order may compound the harm done by the federal governments failure to provide assistance for COVID-19 testing and PPE by attempting to strip from states their ability to determine when or if these processing plants are safe to continue operating in order to protect the health and safety of their own workers.

Joining Attorney General Frey in signing todays letter are the attorneys general of California, Colorado, Delaware, the District of Columbia, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Virginia, Washington, and Wisconsin.

Supporting documents

AG Letter to President Trump

Attorneys General File Supreme Court Brief in California, et al v. Texas, et al

May 14, 2020

Amicus Brief Defends ACA; Health Care of Tens of Millions of Americans at Risk

AUGUSTA - Attorney General Aaron M. Frey joined five other attorneys general in filing an amicus brief in the U.S. Supreme Court, supporting a coalition of states defending the Affordable Care Act (ACA) against efforts by the Trump Administration and a group of states led by Texas to repeal the entire act. In California, et al., v. Texas, et al., the Supreme Court agreed to review a recent Fifth Circuit decision that held the ACA's individual mandate unconstitutional and called into question whether the rest of the ACA should be held invalid.

"Repealing the ACA would cause enormous disruptions to Maines health care system, resulting in deprivation of necessary access to health insurance coverage that thousands of Mainers depend upon," said Frey. The effort to repeal the ACA is particularly irresponsible when viewed in the context of the present public health crisis and economic downturn caused by COVID-19.

Before passage of the ACA, almost 50,000,000 Americans more than 17 percent of the population - lacked health insurance. Health insurance reforms under the ACA have resulted in millions of people accessing coverage for the first time in their lives. In Maine, from 2010 to 2018, the rate of uninsured people dropped from 11 to eight percent. According to a 2018 Urban Institute study, more than 83,000 Mainers would lose their health coverage if the ACA were invalidated. The resulting chaos would harm the health care markets, state government budgets, and the health of residents in every State, all amidst a global pandemic. In the 10 years since the passage of the ACA, the States have experienced dramatic improvements in health care coverage and outcomes. All states and their residents have benefitted from the ACAs improvements, including:

  • providing important consumer protections prohibiting insurers from denying health insurance to the 133 million Americans with pre-existing conditions;

  • expanding and improving Medicaid to now include more than 12 million Americans;

  • making the individual insurance market accessible and affordable by providing refundable tax credits; and improving the quality of private insurance coverage.

As the nations economy and health will take years to recover from the impact of COVID-19, the brief also argues that all states, including the respondent states, are relying upon the ACA in their fight against COVID-19, and the increased access to health insurance afforded by the ACA will be crucial as people lose income and employer-sponsored health care, and pre-existing conditions caused by the coronavirus become more prevalent.

In addition to Maryland, the brief was also joined by the attorneys general of Maine, New Hampshire, New Mexico, Pennsylvania, and Wisconsin.

Supporting documents

Attorneys General Amicus Brief

Attorney General Frey Joins Coalition Filing 3rd Complaint in Ongoing Antitrust Price-Fixing Investigation into Generic Drug Industry

June 10, 2020

FOR IMMEDIATE RELEASE

Contact: Marc Malon, (207) 626-8887

Attorney General Frey Joins Coalition Filing 3rd Complaint in Ongoing Antitrust Price-Fixing Investigation into Generic Drug Industry

Complaint Names 26 Corporate Defendants, 10 Individual Defendants in Conspiracy to Fix Prices and Allocate Markets for at least 80 Generic Topical Dermatological Drugs

Ongoing Investigation Built on Evidence from Multiple Cooperating Witnesses, over 20 Million Documents, Phone Record Database Containing Millions of Call Detail Records for Over 600 Sales and Pricing Individuals

AUGUSTA – Attorney General Aaron M. Frey joined a coalition of 51 states led by Connecticut filing the third lawsuit stemming from the ongoing antitrust investigation into a widespread conspiracy by generic drug manufacturers to artificially inflate and manipulate prices, reduce competition, and unreasonably restrain trade for generic drugs sold across the United States. This new Complaint, filed in the U.S. District Court for the District of Connecticut, focuses on 80 topical generic drugs that account for billions of dollars of sales in the United States. The Complaint names 26 corporate Defendants and 10 individual Defendants. The lawsuit seeks damages, civil penalties, and actions by the court to restore competition to the generic drug market. 

The topical drugs at the center of the Complaint include creams, gels, lotions, ointments, shampoos, and solutions used to treat a variety of skin conditions, pain, and allergies.

“Prescription drug prices are one of the most notorious drivers of high prices which make health care too difficult for many Mainers to afford,” said Frey. “When generic drug manufacturers conspire to artificially inflate prices, they are essentially taking money out of consumers’ pockets, and I will fight vigorously to hold them accountable.”

The Complaint stems from an ongoing investigation built on evidence from several cooperating witnesses at the core of the conspiracy, a massive document database of over 20 million documents, and a phone records database containing millions of call detail records and contact information for over 600 sales and pricing individuals in the generics industry. Among the records obtained by the States is a two-volume notebook containing the contemporaneous notes of one of the States’ cooperators that memorialized his discussions during phone calls with competitors and internal company meetings over a period of several years. 

Between 2007 and 2014, three generic drug manufacturers, Taro, Perrigo, and Fougera (now Sandoz) sold nearly two-thirds of all generic topical products dispensed in the United States. The multistate investigation has uncovered comprehensive, direct evidence of unlawful agreements to minimize competition and raise prices on dozens of topical products. The Complaint alleges longstanding agreements among manufacturers to ensure a “fair share” of the market for each competitor, and to prevent “price erosion” due to competition.

The Complaint is the third to be filed in an ongoing, expanding investigation that the Connecticut Office of the Attorney General has referred to as possibly the largest domestic corporate cartel case in the history of the United States. The first Complaint, still pending in the U.S. District Court in the Eastern District of Pennsylvania, was filed in 2016 and now includes 18 corporate Defendants, two individual Defendants, and 15 generic drugs. Two former executives from Heritage Pharmaceuticals, Jeffery Glazer and Jason Malek, have entered into settlement agreements and are cooperating with the Attorneys General working group in that case. The second Complaint, also pending in the U.S. District Court in the Eastern District of Pennsylvania, was filed in 2019 against Teva Pharmaceuticals and 19 of the nation’s largest generic drug manufacturers. The Complaint names 16 individual senior executive Defendants. The States are currently preparing for trial on that Complaint. 

Corporate Defendants: 

  1. Sandoz, Inc.
  2. Actavis Holdco U.S., Inc.
  3. Actavis Elizabeth LLC
  4. Actavis Pharma, Inc.
  5. Amneal Pharmaceuticals, Inc.
  6. Amneal Pharmaceuticals, LLC 
  7. Aurobindo Pharma USA, Inc.
  8. Bausch Health Americas, Inc.
  9. Bausch Health, US LLC
  10. Fougera Pharmaceuticals, Inc.
  11. G&W Laboratories, Inc.
  12. Glenmark Pharmaceuticals Inc., USA
  13. Greenstone LLC
  14. Lannett Company, Inc.
  15. Lupin Pharmaceuticals, Inc.
  16. Mallinckrodt Inc.
  17. Mallinckrodt plc
  18. Mallinckrodt LLC
  19. Mylan Inc.
  20. Mylan Pharmaceuticals Inc.
  21. Perrigo New York, Inc.
  22. Pfizer, Inc. 
  23. Sun Pharmaceutical Industries, Inc. 
  24. Taro Pharmaceuticals USA, Inc.
  25. Teligent, Inc.
  26. Wockhardt USA, LLC

 

 

Individual Defendants: 

1.         Ara Aprahamian, the Vice President of Sales and Marketing at Defendant Taro Pharmaceuticals U.S.A, Inc.

2.         Mitchell Blashinsky, the Vice President of Marketing for Generics at Defendant Taro Pharmaceuticals USA, Inc. from January 2007 through May 2012, and Vice President of Sales and Marketing at Defendant Glenmark Pharmaceuticals Inc., USA from June 2012 through March 2014. 

3.         Douglas Boothe, the Chief Executive Officer of Defendant Actavis from August 2008 through December 2012 and the Executive Vice President and General Manager of Defendant Perrigo New York, Inc. from January 2013 through July 2016.

 

4.         James Grauso, the former Vice President of Sales and Marketing at Defendant G&W Laboratories from January 2010 through December 2011; the Senior Vice President, Commercial Operations for Defendant Aurobindo from December 2011 through January 2014; and the Executive Vice President, N.A. Commercial Operations at Defendant Glenmark from February 2014 to the present.

 

  1. Walt Kaczmarek, the Senior Director, National Accounts, Vice President, National Accounts and Senior Vice President, Commercial Operations from November 2004 through November 2012 for Fougera Pharmaceuticals, a division of Nycomed US, Inc. (currently part of Defendant Sandoz, Inc.), and Vice President - General Manager, and President, Multi-Source Pharmaceuticals from November 2013 through August 2016 for Defendant Mallinckrodt.

 

  1. Armando Kellum, the former Vice President, Contracting and Business Analytics at Sandoz.

 

  1. Kurt Orlofski, the President and Chief Executive Officer from April 2007 through August 2009 for Defendant Wockhardt USA, and President of Defendant G&W Labs, Inc. from September 2009 through December 2016.  

 

  1. Mike Perfetto, the Vice President of Sales and Marketing for Defendant Actavis from August 2003 through January 2013, and the Chief Commercial Officer for Defendant Taro from January 2013 through his recent retirement from the company. 

 

  1. Erika Vogel-Baylor, the former Vice President for Sales and Marketing for Defendant G&W Labs, Inc. since July 2011.

 

  1. John Wesolowski, the Senior Vice President of Commercial Operations for Defendant Perrigo since February 2004.

 

Drugs listed in the complaint as subject to price-fixing and market allocation agreements: 

  1. Acetazolamide Tablets
  2. Adapalene Cream
  3. Alclometasone Dipropionate Cream
  4. Alclometasone Dipropionate Ointment
  5. Ammonium Lactate Cream
  6. Ammonium Lactate Lotion
  7. Betamethasone Dipropionate Cream
  8. Betamethasone Dipropionate Lotion
  9. Betamethasone Valerate Cream
  10. Betamethasone Valerate Lotion
  11. Betamethasone Valerate Ointment
  12. Bromocriptine Mesylate Tablets
  13. Calcipotriene Solution
  14. Calcipotriene Betamethasone Dipropionate Ointment
  15. Carbamazepine ER Tablets
  16. Cefpodoxime Proxetil Oral Suspension
  17. Cefpodoxime Proxetil Tablets
  18. Ciclopirox Cream
  19. Ciclopirox Shampoo
  20. Ciclopirox Solution
  21. Clindamycin Phosphate Cream
  22. Clindamycin Phosphate Gel
  23. Clindamycin Phosphate Lotion
  24. Clindamycin Phosphate Solution
  25. Clobetasol Propionate Cream
  26. Clobetasol Propionate Emollient Cream
  27. Clobetasol Propionate Gel
  28. Clobetasol Propionate Ointment
  29. Clobetasol Propionate Solution
  30. Clotrimazole 1% Cream
  31. Clotrimazole Betamethasone Dipropionate Cream
  32. Clotrimazole Betamethasone Dipropionate Lotion
  33. Desonide Cream
  34. Desonide Lotion
  35. Desonide Ointment
  36. Desoximetasone Ointment
  37. Econazole Nitrate Cream
  38. Eplerenone Tablets
  39. Erythromycin Base/Ethyl Alcohol Solution
  40. Ethambutol HCL Tablets
  41. Fluocinolone Acetonide Cream
  42. Fluocinolone Acetonide Ointment
  43. Fluocinonide .1% Cream
  44. Fluocinonide Gel  
  45. Fluocinonide Ointment  
  46. Fluocinonide Solution
  47. Fluticasone Propionate Lotion
  48. Griseofulvin Microsize Tablets
  49. Halobetasol Propionate Cream
  50. Halobetasol Propionate Ointment
  51. Hydrocortisone Acetate Suppositories
  52. Hydrocortisone Valerate Cream
  53. Imiquimod Cream
  54. Ketoconazole Cream
  55. Latanoprost Drops
  56. Lidocaine Ointment
  57. Methazolamide Tablets
  58. Methylphenidate HCL Tablets
  59. Methylphenidate HCL ER Tablets
  60. Metronidazole Cream
  61. Metronidazole .75% Gel
  62. Metronidazole .1% Gel
  63. Metronidazole Lotion
  64. Mometasone Furoate Cream
  65. Mometasone Furoate Ointment
  66. Mometasone Furoate Solution
  67. Nafcillin Sodium Injectable Vials
  68. Nystatin Ointment
  69. Nystatin Triamcinolone Cream
  70. Nystatin Triamcinolone Ointment
  71. Oxacillin Sodium Injectable Vials
  72. Phenytoin Sodium ER Capsules
  73. Pioglitazone HCL Metformin HCL Tablets
  74. Prochlorperazine Maleate Suppositories
  75. Promethazine HCL Suppositories
  76. Tacrolimus Ointment
  77. Terconazole Cream
  78. Triamcinolone Acetonide Cream
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Attorney General Frey joined the attorneys general of Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Territory of Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Utah, U.S. Virgin Islands, Vermont, Virginia, Washington, West Virginia and Wisconsin in filing the complaint. 

Court Rules in Favor of Landmark Privacy Law Supported by Attorney General Frey

July 7, 2020

AUGUSTA - United States District Judge Lance Walker ruled today in favor of a landmark privacy law passed by the Legislature and signed by the governor in 2019. The law, LD 946, "An Act To Protect the Privacy of Online Customer Information," was sponsored by State Senator Shenna Bellows of Manchester and prevents broadband internet service providers operating in Maine from selling or sharing a customer's personal data without the customers permission. It was challenged in federal court on preemption and First Amendment grounds by large telecom industry organizations; the Office of the Attorney General is defending the Act.

In his ruling, which is attached, Judge Walker categorically rejected all of the industrys arguments that the Act is preempted by federal law, noting that one of their arguments was an attempt to create a conflict where none exists and that their reasoning blinks reality. The court also rejected the industrys argument that Maines privacy law is subject to the strictest scrutiny under the First Amendment. Instead, the court held that the more lenient test for regulation of commercial speech applies. As the case proceeds, the Office of the Attorney General will demonstrate that Maines law easily passes that test.

In response to the ruling, Attorney General Aaron M. Frey issued the following statement:

"I enthusiastically supported Senator Bellowss bill when it was introduced because the state has a significant interest in protecting Mainers from practices which may place their personal and financial data at risk. While there will be more litigation, this initial ruling is a huge victory for Maine consumers and for our states efforts to take appropriate measures to protect their privacy. The Office of the Attorney General looks forward to continuing to vigorously defend the law. We are pleased that the District Court was persuaded by our arguments that the law is not preempted, and we are confident that the law will withstand the industrys First Amendment challenge."

LD 946 took effect on July 1, 2020.

Supporting documents

District Court Decision 7.7.2020

AG Frey Joins Multistate Coalition Urging the U.S. Senate to Increase Childcare Funding in Next Federal Stimulus Package

July 14, 2020

Coalition of 22 AGs Calls for Immediate and Robust Financial Support to Ensure Families Have Access to Quality, Affordable Childcare

AUGUSTA - Attorney General Aaron M. Frey today joined a coalition of 22 attorneys general urging the United States Senate to provide robust financial support for childcare providers in the next federal stimulus bill amid the ongoing COVID-19 pandemic.

In a letter sent to Senate leadership today, the coalition of attorneys general called on Congress to provide robust funding to address the immediate needs of childcare systems around the country. Due to the ongoing COVID-19 pandemic, some childcare providers are operating at reduced capacity or have closed, leaving them with little to no revenue to cover payroll, rent, insurance, and other fixed costs. This additional financial support would help childcare providers fulfill these financial obligations so that they may remain open and increase their capacity.

"If the immediate needs of our childcare system are not addressed, many Maine families may find themselves in an extremely challenging position," said Frey. "Child care is already difficult to access and afford, and if providers are unable to recover fully from the effects of the pandemic, this situation will become worse."

The coalition also expressed support for broader reforms to our childcare system. The attorneys general argue that our childcare system suffers from a broken model, where parents pay too much and educators make too little, and that the current pandemic has exacerbated already existing disparities in race, income, and gender in our childcare workforce. The letter insists that [t]o build a more equitable society beyond this current crisis, we need structural reform that ensures every family has access to quality, affordable childcare and educators earn the pay that they deserve.

Joining Attorney General Frey in sending today's Massachusetts led letter are the attorneys general of California, Colorado, Connecticut, the District of Columbia, Delaware, Hawaii, Iowa, Illinois, Maryland, Minnesota, North Carolina, New Mexico, Nevada, New York, Oregon, Rhode Island, Virginia, Vermont, Washington State, and Wisconsin.

Supporting documents

Childcare Funding Letter

Report of the Attorney General on the Use of Deadly Force by Marine Patrol Officer Carter on December 9, 2017 in Machiasport

July 16, 2020

Supporting documents

20171209_Machiasport_Carter

Attorney General Frey Files Civil Rights Action in Oxford County

July 16, 2020

Complaint alleges racist threats of violence

AUGUSTA - Attorney General Aaron M. Frey announced today that he has filed a civil complaint under the Maine Civil Rights Act in Oxford County Superior Court against Tyler Tripp, age 22, of Paris, for threatening violence against a 20-year-old Black woman in Norway, Maine on June 27, 2020. The complaint requests the court to order that Tripp have no contact with the victim or her family and commit no future violations of the Maine Civil Rights Act.

According to the State's complaint, on June 27, 2020, the victim was walking with a friend along Deering Street in Norway. A car drove up to the victim and her friend at a high rate of speed and the victim yelled at the car to slow down. Tripp exited the car and called the victim a racial epithet. He then threatened to hang her from a tree. He went on to say that she "deserved" to be hanged due to her race (again, using a racial epithet). Tripp later admitted to a Norway Police Officer that he had in fact made the threat.

Attorney General Frey stated: "Racist threats of violence have no place in Maine. No person should be threatened with violence due to the color of that persons skin. Defendants use of the imagery of lynching is even more abhorrent in a civil society. I will use my authority under the Civil Rights Act to stop threats of violence before they escalate into physical harm."

The Maine Civil Rights Act was enacted in 1992 and prohibits the use of violence, the threat of violence or property damage against any person motivated by that persons race, color, religion, sex, ancestry, national origin, physical or mental disability or sexual orientation. Any violation of an injunctive order under the act is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.

The Office of the Attorney General would like to thank the Norway Police Department for the investigation of this case and the referral to the Attorney General for enforcement under the Maine Civil Rights Act.

Supporting documents

Complaint

Attorney General Releases Drug Death Report for First Quarter of 2020

July 17, 2020

AUGUSTA - The Office of the Attorney General (OAG) and the Office of Chief Medical Examiner have released figures demonstrating that drug overdose deaths significantly increased in the first quarter of 2020. Additionally, preliminary analysis of the second quarter based on numbers from April and May project a continuation of this trend, showing a statistically significant increase in deaths attributed to drug overdose, compared to 2019. Attorney General Aaron M. Frey says that the report makes clear that the opioid epidemic is a serious public health emergency.

"The opioid epidemic remains a crisis requiring our immediate, sustained attention," said Frey. "The data in this report confirms that the crisis has intensified nationally in the midst of the global pandemic. It remains clear that combatting the pandemic, strengthening our public health infrastructure, and taking steps to ensure that Mainers are connected with resources in their community are efforts which are linked with one another. All Mainers are in this struggle together, and I will continue to work with legislators, Governor Mills, the executive branch, and leaders throughout the state to address this crisis."

The report compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center, showed that 127 deaths were caused by drugs in the first quarter of 2020. This is a 23% increase over the fourth quarter of 2019. 82% of these deaths were caused by at least one opioid. 80% of deaths included two of more drugs. Preliminary estimates for the second quarter project a total of 259 drug overdose deaths for the first half of 2020.

The report notes that these increases are comparable to increases being seen nationally, which are attributed to the effects of the pandemic, including social isolation, economic difficulty, and reluctance to seek medical attention. Interruptions in drug supplies internationally have resulted in substitutions and combinations that may be contributing to additional vulnerabilities to overdose. Attorney General Frey noted that combatting drug deaths continues to be a priority of the Office of the Attorney General. He is a member of the Governor's Prevention and Recovery Cabinet. The full report from Dr. Sorg is attached.

Supporting documents

Enhanced Q1 Drug Death Report

Attorney General Frey Files Civil Rights Action in Cumberland County

July 31, 2020

AUGUSTA - Attorney General Aaron Frey announced today that he has filed a civil complaint under the Maine Civil Rights Act in Cumberland County Superior Court against Michael Roylos, age 63, of Portland, for using and threatening violence against a 38-year-old lesbian woman in Portland, Maine on July 3, 2020. The complaint requests the court to order that Roylos have no contact with the victim or her family and commit no future violations of the Maine Civil Rights Act.

According to the State's complaint, on July 3, 2020, the victim was pulling into the parking lot at Shaws Supermarket at the Northgate Shopping Center in Portland. Roylos, who was walking to his car, accused the victim of driving too fast in the parking lot. He then called her an "[expletive] [homophobic slur]." The victim replied, Excuse me? Roylos responded, You heard me you [expletive] [homophobic slur]. When the victim attempted to record Roylos with her cell phone, he physically assaulted her. As he assaulted the victim, Roylos continued to call her a [homophobic slur]. The victim was able to extricate herself from Royloss grasp and run towards a vehicle with a female driver in it, where bystanders came to her aid. Royloss threats and assault have cause the victim to fear for her safety.

Attorney General Frey stated: "It is appalling and egregious that any person would engage in violence or threats of violence based on homophobia. My office will not tolerate bias-motivated violence or threats of violence against members of the LBGTQ community."

The Maine Civil Rights Act was enacted in 1992 and prohibits the use of violence, the threat of violence or property damage against any person motivated by that persons race, color, religion, sex, ancestry, national origin, physical or mental disability or sexual orientation. Any violation of an injunctive order under the act is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.

The Attorney Generals Office would like to thank the Portland Police Department for the investigation of this case and the referral to the Attorney General for enforcement under the Maine Civil Rights Act.

Supporting documents

Roylos Complaint

AG Frey Announces Lawsuit to Stop Trump Service Changes at Post Office, Secure Vote-By-Mail

August 18, 2020

Multi-state coalition will protect Postal Service and ensure safe, secure, vote-by-mail

AUGUSTA - Attorney General Aaron M. Frey announced today that he is joining a coalition of state Attorneys General led by Pennsylvania Attorney General Josh Shapiro in filing a federal lawsuit challenging nationwide operational changes at the U.S. Postal Service. The lawsuit seeks to halt unilateral changes at the Postal Service and ensure safe, secure vote-by-mail across the country.

Service and policy changes at the Post Office, including limiting staff overtime and so-called "late or extra shifts" have impacted the prompt delivery of mail to Americans who rely on the Postal Service for everything from medical prescriptions to ballots.

"The Trump Administration's attempts to incapacitate the Post Office in the lead up to the 2020 general election constitute a clear effort to interfere with Mainers ability to vote safely by mail. Moreover, many Mainers, particularly in rural areas, rely on a fully-functioning postal service for essential needs from prescription drugs to social security checks," said Frey. "These actions are unlawful, which is why I am joining a coalition of my colleagues across the country to protect the operation of the postal service and to hold the Trump Administration accountable."

Nearly 100,000 Mainers voted by mail in Maines 2020 primary election. The need for an effective vote by mail option is especially critical in Maine because of the relatively high levels of individuals at risk of severe illness from COVID-19, particularly disabled and elderly voters. Nearly half of Maines adults are at risk of serious illness from COVID-19 due to age and pre-existing medical conditions.

"Maine has a proud tradition of voter participation and many Mainers choose to vote safely by mail," said Frey. "I encourage Mainers to cast their ballots in the way they see fit, and I will fight to ensure that they are able to do so without interference."

Last month the Postal Service notified many states, including Maine, that it could not guarantee delivery of ballots in accordance with state laws and deadlines.

The multi-state lawsuit will assert the Postal Service unlawfully implemented widespread changes to mail service nationwide. The suit seeks to immediately reverse the agencys actions, and guarantee safeguards and standards for election mail.

Postal Service Changes Recent changes at the Postal Service instituted by Trump-appointed Postmaster General Louis DeJoy have already resulted in mail delays. Those changes include requiring late-arriving mail to be left for delivery the following day, and limiting the length of shifts, meaning not all mail that goes out for delivery is delivered.

The changes at the Postal Service come as President Donald Trump has continued to baselessly claim that widespread vote-by-mail will lead to a fraudulent election.

Legal claims The attorneys general will assert that the Postal Service has acted outside of its authority to implement changes to the postal system, and did not follow the proper procedures required by federal law.

Changes at the U.S. Postal Service that cause a nationwide impact in mail service must be submitted to the Postal Regulatory Commission. The commission then evaluates the proposal through a procedure that includes public notice and comment. The Postal Services sudden and unilateral changes to the nature of postal services deprived the States of their procedural right to comment on such changes prior to implementation as established by federal law.

Changes also impede States efforts to conduct free and fair elections, a right and authority granted to them by the Constitution. Actions to undermine the efficacy of the Postal Service also undermine States ability to conduct elections in a manner their respective legislature has chosen.

The lawsuits seek to block the unlawful cuts and operational changes at the Postal Service.

Pennsylvania and Washington are filing separate, complementary, legal actions in the coming days. Joining Maine in the Pennsylvania-led legal action are the attorneys general of California, Delaware, Massachusetts, and North Carolina, with more potentially to sign on later.

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Supporting documents

Complaint: PA v. DeJoy

Court blocks implementation of serious changes at the Postal Service

September 29, 2020

Operational changes resulted in slower mail and questions about absentee ballots

AUGUSTA - A federal district court granted a preliminary injunction yesterday against changes made by the United States Postal Service (USPS) which have resulted in mail delivery delays and have raised concerns about the timely delivery of absentee ballots to millions of voters across the country. The injunction was granted in response to a multistate lawsuit which was led by Pennsylvania Attorney General Josh Shapiro and was joined by Maine Attorney General Aaron M. Frey and the attorneys general of California, Delaware, the District of Columbia, Massachusetts, and North Carolina. Federal judges in Washington and New York issued similar orders earlier this month. Attorney General Frey released the following statement about the court's decision:

"Yesterday the Court issued an injunction to stop the series of changes imposed on the USPS by the Postmaster General Louis DeJoy. The operational changes had slowed the delivery of mail in Maine and across the country. Yesterdays court order recognizes that the unilateral efforts to incapacitate the Post Office were made improperly and requires that these changes be halted. These efforts to undermine the USPS were not only improper, they constituted an attempt to interfere with the upcoming election by making it more difficult for Mainers to safely vote by mail. The changes also hurt many Mainers who rely on the Post Office for necessary items such as prescription drugs."

"Given the importance of the Post Office to our state, and the fact that more than 240,000 Maine voters have requested absentee ballots, it is important that the Court stepped in. My office will continue to protect the right to vote and will stand up for free and fair elections. Voting absentee is a safe, legal, and secure option available to all Mainers who choose, and all absentee votes cast and received by the close of polls on Election Day will be counted."

Supporting documents

Order

Opinion

Maine joins multistate settlement addressing 2014 Anthem data breach

October 1, 2020

AUGUSTA - Attorney General Aaron M. Frey today announced that Maine has joined a multistate settlement with Anthem stemming from the massive 2014 data breach that involved the personal information of 78.8 million Americans. Through the settlement, Anthem has reached a resolution with the 43-state multistate coalition and California. Anthem has agreed to a series of data security and good governance provisions designed to strengthen its practices going forward. Maine will also receive resources for consumer protection activities through the settlement.

In February 2015, Anthem disclosed that cyber attackers had infiltrated its systems beginning in February 2014, using malware installed through a phishing email. The attackers were ultimately able to gain access to Anthem's data warehouse, where they harvested names, dates of birth, Social Security numbers, healthcare identification numbers, home addresses, email addresses, phone numbers, and employment information for 78.8 million Americans. In Maine, 531,717 residents were affected by the breach.

"It is incumbent on companies like Anthem, which collect and maintain consumers personal data in order to provide essential products such as health insurance, to work diligently to ensure that data is protected," said Frey. "Anthem needs to be upfront with consumers about what it is doing to protect that data and through this settlement, it has agreed to strengthen its security practices and provide resources to states like Maine to assist our consumer protection efforts."

Under the settlement, Anthem has agreed to a series of provisions designed to strengthen its security practices going forward. Those include:

  • a prohibition against misrepresentations regarding the extent to which Anthem protects the privacy and security of personal information;
  • implementation of a comprehensive information security program, incorporating principles of zero trust architecture, and including regular security reporting to the Board of Directors and prompt notice of significant security events to the CEO;
  • specific security requirements with respect to segmentation, logging and monitoring, anti-virus maintenance, access controls and two factor authentication, encryption, risk assessments, penetration testing, and employee training, among other requirements; and
  • third-party security assessments and audits for three (3) years, as well as a requirement that Anthem make its risk assessments available to a third-party assessor during that term.

In the immediate wake of the breach, at the request of the Connecticut Office of the Attorney General, Anthem offered an initial two years of credit monitoring to all affected U.S. individuals.

In addition to this settlement, Anthem previously entered into a class action settlement that established a $115 million settlement fund to pay for additional credit monitoring, cash payments of up to $50, and reimbursement for out-of-pocket losses for affected consumers. The deadlines for consumers to submit claims under that settlement have since passed.

The Connecticut Office of the Attorney General led the multistate investigation, assisted by the Attorneys General of Illinois, Indiana, Kentucky, Massachusetts, Missouri, and New York, and joined by the Attorneys General of Alaska, Arizona, Arkansas, Colorado, the District of Columbia, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Nebraska, New Hampshire, New Jersey, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, West Virginia, and Wisconsin.

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Attorney General Frey issues advisory concerning poll monitoring and voter intimidation

Frey re-affirms Maine's commitment to ensuring the right to vote

AUGUSTA - Attorney General Aaron M. Frey today issued an advisory to election officials, law enforcement, and all Maine voters re-affirming the rights of all eligible Mainers to vote in this years election and pledging to vigorously enforce laws which protect those rights. The advisory was sent amid reports in the media raising concerns of planned activity at or near polling places that may cause voters to fear for their safety while waiting to cast their vote, while voting, or while leaving the polling location.

"All voters should feel safe and secure knowing that state and federal law protects their fundamental right to vote, free of intimidation and harassment," said Frey. "The Office of the Attorney General and the Secretary of State have plans in place to enforce these laws to ensure that voting goes smoothly."

Frey continued, "I urge all eligible Mainers to vote, either absentee or in-person on Election Day, and further urge that you make a plan for how you will ensure that your ballot is cast and your voice is heard. Voting is a fundamental right and our duty as citizens."

The advisory, which is attached, will be disseminated widely among interested parties to ensure that Maine voters understand their rights.

Election Day is November 3rd. Absentee ballots are available now at all municipal offices.

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Supporting documents

OAG Election Advisory

Attorney General Frey issues advisory concerning poll monitoring and voter intimidation

Frey re-affirms Maine's commitment to ensuring the right to vote

AUGUSTA - Attorney General Aaron M. Frey today issued an advisory to election officials, law enforcement, and all Maine voters re-affirming the rights of all eligible Mainers to vote in this years election and pledging to vigorously enforce laws which protect those rights. The advisory was sent amid reports in the media raising concerns of planned activity at or near polling places that may cause voters to fear for their safety while waiting to cast their vote, while voting, or while leaving the polling location.

"All voters should feel safe and secure knowing that state and federal law protects their fundamental right to vote, free of intimidation and harassment," said Frey. "The Office of the Attorney General and the Secretary of State have plans in place to enforce these laws to ensure that voting goes smoothly."

Frey continued, "I urge all eligible Mainers to vote, either absentee or in-person on Election Day, and further urge that you make a plan for how you will ensure that your ballot is cast and your voice is heard. Voting is a fundamental right and our duty as citizens."

The advisory, which is attached, will be disseminated widely among interested parties to ensure that Maine voters understand their rights.

Election Day is November 3rd. Absentee ballots are available now at all municipal offices.

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Supporting documents

OAG Election Advisory

Attorney General Frey issues advisory concerning poll monitoring and voter intimidation

October 8, 2020

Frey re-affirms Maine's commitment to ensuring the right to vote

AUGUSTA - Attorney General Aaron M. Frey today issued an advisory to election officials, law enforcement, and all Maine voters re-affirming the rights of all eligible Mainers to vote in this years election and pledging to vigorously enforce laws which protect those rights. The advisory was sent amid reports in the media raising concerns of planned activity at or near polling places that may cause voters to fear for their safety while waiting to cast their vote, while voting, or while leaving the polling location.

"All voters should feel safe and secure knowing that state and federal law protects their fundamental right to vote, free of intimidation and harassment," said Frey. "The Office of the Attorney General and the Secretary of State have plans in place to enforce these laws to ensure that voting goes smoothly."

Frey continued, "I urge all eligible Mainers to vote, either absentee or in-person on Election Day, and further urge that you make a plan for how you will ensure that your ballot is cast and your voice is heard. Voting is a fundamental right and our duty as citizens."

The advisory, which is attached, will be disseminated widely among interested parties to ensure that Maine voters understand their rights.

Election Day is November 3rd. Absentee ballots are available now at all municipal offices.

Supporting documents

OAG Election Advisory REVISED

Office of the Attorney General Revised Election Advisory

October 16, 2020

Supporting documents

OAG Election Advisory REVISED

Report of the Attorney General on the Use of Deadly Force by State Police Sgt. Fuller on May 4, 2018 in Oakfield

October 16, 2020

Supporting documents

20180504_Oakfield_Fuller

Attorney General Releases Drug Death Report for Second Quarter of 2020

October 21, 2020

AUGUSTA - The Office of the Attorney General (OAG) and the Office of Chief Medical Examiner have released figures demonstrating that drug overdose deaths continued to increase in the second quarter of 2020. The report confirms preliminary analysis released by the OAG in July, and mirrors similar increases in other states. Attorney General Aaron M. Frey says that the report makes clear that the opioid epidemic is a serious public health emergency, made worse by the COVID-19 pandemic.

"It is clear from the data that the increase in deaths from the opioid epidemic can be partially attributed to the increased isolation of living through the pandemic," said Frey. "The data in this report confirms that the crisis has continued to intensify nationally. It is another reminder that our communities are stronger when we are connected with one another and pro-actively make efforts to help our neighbors. We have to ensure that Mainers who are struggling with substance use disorder are connected with the resources they need to protect them and help them advance in recovery. This increase in drug overdose deaths also reminds us that working with public health experts and community leaders to combat the pandemic is crucial in order to successfully protect the public from other major challenges. All Mainers are in this struggle together, and I will continue to work with legislators, Governor Mills, the executive branch, and leaders throughout the state to address this crisis."

The report compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center, showed that 132 deaths were caused by drugs in the second quarter of 2020. This is a 4% increase over the first quarter of 2020. The 258 deaths caused by drugs in the first two quarters of 2020 represent a 27% increase over the last two quarters of 2019. 82% of deaths were caused by at least one opioid. 81% of deaths were caused by two or more drugs.

The report notes that these increases are comparable to increases being seen nationally, which are partly attributed to factors connected to the pandemic, including "isolation, avoidance of medical services, and alterations in the illicit drug supply."

Attorney General Frey noted that combatting drug deaths continues to be a priority of the Office of the Attorney General. He is a member of the Governor's Prevention and Recovery Cabinet.

The full report from Dr. Sorg is attached.

Supporting documents

2nd Quarter Drug Death Report 2020

A.G. Frey: Maine will continue to pursue Purdue Pharma

October 21, 2020

In response to a settlement announced by the U.S. Department of Justice with Purdue Pharma and the Sackler family today, Maine Attorney General Aaron M. Frey released the following statement:

"The State of Maine is continuing to pursue legal action against Purdue Pharma and the Sackler family. Currently we are litigating in bankruptcy court to ensure that Purdue and the Sacklers pay adequately for the damage caused by the opioid crisis, to ensure the orderly liquidation of the company, and to ensure that they may no longer sell Oxycontin. Our efforts to provide justice and relief for Mainers harmed by the opioid crisis will not be impacted by today's announcement from the U.S. Department of Justice. The announced settlement is insufficient for the damage done by Purdue and the Sackler family, and I will continue to work with attorneys general across the country to achieve the accountability that the people demand."

OAG Bias-Based Policing Statement, Complaint Protocol, and Complaint Form

Supporting documents

Bias-Based Policing: Statement and Complaint Protocol

Complaint Form: Bias-Based Policing

Bias-Based Policing Statement, Complaint Protocol, and Complaint Form

November 2, 2020

Supporting documents

Bias-Based Policing: Statement and Complaint Protocol

Bias-Based Policing: Complaint Form

Attorney General Frey Joins Friend-of-the-Court Brief in Appeal Against Trump Anti-Immigrant Visa Proclamations

November 6, 2020

AUGUSTA - Attorney General Aaron M. Frey today joined a coalition of 23 attorneys general, led by California and New York, in an amicus brief in Gomez v. Trump urging the U.S. Court of Appeals for the District of Columbia Circuit to reverse a trial court decision that partially upheld President Trump's proclamations that indefinitely disrupt vast portions of the countrys immigration system.

On April 22 and June 22, President Trump signed two different immigration-related proclamations that effectively bar immigrants and foreign workers traveling on nonimmigrant work visas from entering the United States, including students, tech workers, and the families of U.S. citizens and lawful permanent residents. Building on an earlier friend-of-the-court brief, the coalition once again asserts that the proclamations unlawfully keep families apart, harm the states, and are likely to slow economic and societal recovery from COVID-19. In Maine, many industries rely on work visas for a significant portion of their workforce.

"These proclamations keep families apart, including here in Maine, and place an illegitimate barrier on our attempts to rebuild our economy," said Frey. "The Trump Administration's stated rationale for doing so is a misguided attempt to distract from the fact that they have failed to protect public health and contain the spread of COVID-19. I urge the U.S. Court of Appeals to rule against these proclamations."

Rather than taking meaningful action to slow the spread of the coronavirus, the Presidents proclamations are a red herring - scapegoating immigrants and shutting down congressionally authorized immigration to the United States. By the federal governments own estimate, the proclamations may bar at least 525,000 people from entering the United States, including parents, adult children, and siblings of U.S. citizens, as well as spouses and adult children of lawful permanent residents. The bans harm the states by denying our residents the right to unite with their families and harm our economies because immigrants and non-immigrant workers fill important roles in our schools, fields, and companies, create new jobs, start businesses, pay taxes, and purchase goods and services. Instead of helping Americans, the proclamations are based on a deeply flawed and erroneous understanding of how the economy actually works. Broader participation in the labor market spurs the creation of new jobs and bolsters spending in the United States. In fact, a 2014 report found that the elimination of large numbers of H-1B visas among the visas targeted by the Presidents proclamations during the Great Recession cost the United States approximately 231,224 technology jobs as a result of the lost innovation and growth the workers would have spurred. Beyond the harms to businesses and families across the country, the proclamations also directly impact international students that our colleges and universities employ and enroll.

In filing the amicus brief, Attorney General Frey joins the attorneys general of California, New York, California, New York, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia.

A copy of the amicus brief is attached.

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Supporting documents

States Amicus Brief

AG Frey calls on AG Barr to reverse new policy that 'will erode the public's confidence' in the election

November 13, 2020

Joins letter of 23 AGs in voicing 'strong objection' to abrupt policy change that allows U.S. attorneys to pursue allegations of voter fraud without adhering to long-established guiderails

AUGUSTA - Attorney General Aaron M. Frey today called on U.S. Attorney General William Barr to reverse his abrupt change to a 40-year-old U.S. Department of Justice policy that until this week had kept the department from interfering with election results. In a letter today to Attorney General Barr, Attorney General Frey and a coalition of 23 total attorneys general voiced their "strong objection" to this policy reversal, which they said will erode the publics confidence in the election, and called on him to reverse your decision promptly.

The American people have voted in record numbers in a safe and secure election and have clearly chosen a new president. Despite this, Attorney General Barr issued a new directive on November 9 that U.S. attorneys may now pursue allegations of voter fraud without adhering to long-established, important guardrails. Until now, the Department of Justice has recognized that the principal responsibility for overseeing elections lies with states and has taken care to avoid affecting the outcome of elections or even the perception of political intrusion in the electoral process, Attorney General Frey and the coalition wrote.

"Attorney General Barr's decision to unilaterally change longstanding Department of Justice policy to advance political objectives is inappropriate and must be reversed," said Frey. "Americans have voted and their votes are being counted. Election officials in Maine and across the country, regardless of political affiliation, have all stated clearly that voter fraud was not an issue which impacted this election, and the systems we already have in place ensure legitimate, fair outcomes. The people of Maine and our country have spoken, and I call on Attorney General Barr to immediately stop using his office to interfere with the democratic process."

Joining Attorney General Frey in signing the letter are Maryland Attorney General Brian Frosh and Minnesota Attorney General Keith Ellison, who co-led the letter, and the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.

A copy of the letter is attached below.

Supporting documents

AG Letter to Barr

AG Frey urges Mainers to follow the law by wearing face coverings to curb the spread of COVID-19

November 23, 2020

Attorney General and Maine DHHS issue guidance detailing requirements and enforcement under the law

AUGUSTA - Attorney General Aaron M. Frey is urging Mainers and all individuals present in the state to follow the law and wear face coverings when in public, as mandated by Governor Mills's executive orders, in order to help curb the spread of COVID-19. With cases rising in Maine and across the country, widespread use of face coverings is a proven method for reducing the risk of infections and to enable businesses to remain open, according to public health experts.

Most Maine people and businesses have complied with the face covering requirement. Voluntary compliance, supported by education, is always the goal. In instances of repeated and purposeful noncompliance that poses a threat to public health, the State has various tools to pursue enforcement.

Today, the Office of the Attorney General (OAG) and Maine Department of Health and Human Services (DHHS) issued guidance to businesses and other organizations which interact with the public detailing these enforcement options. The guidance clearly states that the Governors Executive Orders have the force of law and spells out face covering requirements for individuals and establishments, including which establishments must enforce wearing of face coverings, and the potential consequences for noncompliance.

"With Thanksgiving and Black Friday approaching, it is critical that Mainers take necessary steps to protect themselves, their loved ones, and their communities," said Frey. Wearing a face covering is a simple step you can take to reduce the spread of COVID-19. In a public setting, wearing a face covering not only makes good sense, but is required and enforceable through licensing actions, by law enforcement, and by the Attorney General.

The joint OAG-DHHS guidance explains the Executive Order on face coverings and the requirements and expectations it places on individuals and establishments. These include:

  • The definition of public settings as places like stores, restaurants, and government buildings

  • Clarification that all businesses may, and some businesses must enforce face covering usage, and further clarification on which businesses are legally required to do so

  • Recommendations for businesses and other establishments to work with law enforcement in order to protect frontline workers who encounter individuals refusing to comply

  • A reminder that individuals can be charged criminally for not wearing a face covering in a public setting after being warned by a law enforcement officer to do so

The full guidance, which is attached, also includes information on reasonable accommodations which can be made for people with disabilities, and notes that beyond these accommodations, during a public health emergency disability laws do not require a business to admit a customer not wearing a face covering.

I urge everyone to use common sense and common courtesy, continued Frey. The objective is to prevent the spread of COVID-19, not to take action against individuals for honest mistakes or minor violations. Citizens are asked to comply with the face covering requirement as part of the shared goals of controlling the virus and protecting ourselves and others.

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Supporting documents

Joint Guidance

Attorneys General Urge Congress to Pass Extension for CARES Act Funding as Pandemic Impacts Economy

November 30, 2020

AUGUSTA - Attorney General Aaron M. Frey has joined a bipartisan coalition of attorneys general representing 43 states, the District of Columbia, and 5 U.S. territories, urging Congress to extend the Coronavirus Aid, Relief and Economy (CARES) Act funding until the end of 2021.

The effort is being led by Ohio Attorney General Dave Yost and Iowa Attorney General Tom Miller, who wrote the letter (which is attached) signed by the attorneys general and sent it to Congress today urging members to extend the December 30, 2020, deadline.

"Individuals, businesses, and communities across Maine are struggling both due to the COVID-19 pandemic and its negative economic impact," said Frey. "States like Maine which are taking necessary measures to protect public health and combat COVID-19 need the assistance provided in the CARES Act in order to ensure that vital services may continue to be provided. At a minimum, Congress should act with all deliberate haste to extend the CARES Act."

With several pending measures, including bipartisan extension measures in both the House and Senate, the attorneys general urge Congress to pass one of these measures to give states and local communities additional time to utilize the precious COVID-relief resources.

COVID-19 has negatively impacted nearly every facet of American society. In anticipation of unprecedented costs and economic disruption stemming from the pandemic, Congress passed the CARES Act in March. The move provided more than $2 trillion in economic stimulus to state and local governments in an effort to combat the impacts of the pandemic.

One of the restrictions placed on the funding, however, limits the money's use to expenses incurred between March 1, 2020, and December 30, 2020.

"This time frame likely made sense in late March when the CARES Act was passed, but we have learned a great deal about COVID-19 in the past seven months," the letter states. "Among other things, we know that the pandemic will continue to challenge communities well beyond December 30, 2020 a deadline that now seems unreasonable."

As the pandemic continues to set record infections, states and local communities will continue to incur COVID-related expenses next year. By extending the deadline, communities nationwide will be able to be more strategic with the use of CARES Act funds, the attorneys general said.

The letter was signed by attorneys general in: Alaska, American Samoa, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virgin Islands, Virginia, Washington, West Virginia, and Wisconsin.

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Supporting documents

AG Letter: CARES Act Deadline Extension

Attorney General Frey re-elected

December 2, 2020

AUGUSTA - Aaron M. Frey, of Bangor, was elected by a joint convention of the Maine Legislature to a second two-year term as Maine's 58th Attorney General today. At the joint convention, he was nominated by Senator Donna Bailey (D-Saco). Representative Teresa Pierce (D-Falmouth) seconded.

Attorney General Frey released the following statement following the election:

"I am honored that the Legislature has placed their trust in me to continue serving as Maines Attorney General. It has been a privilege to work with the attorneys and staff in the Office of the Attorney General who work tirelessly on behalf of the people of our state to ensure that Maine benefits from the highest caliber of legal representation."

"As Attorney General, I am sworn to defend the Constitution and to ensure that the rule of law is protected. I also will continue to work with the Legislature and the Mills administration to ensure that our state does everything in its power to address the pandemic, to combat the opioid crisis and obtain accountability for opioid manufacturers, to engage productively in the process of creating substantial reforms in the states relationship with Maines tribal nations, and to find meaningful ways to make our criminal justice system more equitable."

"I look forward to serving this second term as Attorney General and will continue to be an active partner in addressing the work ahead."

Prior to being elected to serve as Maines 58th Attorney General in 2018, General Frey worked in a private legal practice in Bangor, focusing on matters involving criminal defense and family law. He represented part of Bangor and part of Orono for three terms in the Maine House of Representatives, from 2012 to 2018. In the Legislature, he was a member of the Legislatures Appropriations and Financial Affairs Committee.

The Attorney General is Maines chief law enforcement officer and represents the state in legal matters ranging from child support enforcement, civil rights and consumer protection to the prosecution of homicides, felony drug cases and major fraud. The Attorney General is also a member of the Baxter Park Authority, overseeing the 209,000 wilderness acres of the Baxter State Park.

Attorney General Frey will be sworn in for his second term in early January.

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Attorney General Frey Joins Multistate Lawsuit Seeking to End Facebook's Illegal Monopoly

December 9, 2020

Bipartisan Coalition of 48 Attorneys General Charge Anticompetitive Conduct

Facebook Thwarted Competition, Reduced Consumer Privacy for Profits

AUGUSTA - Attorney General Aaron M. Frey today joined a bipartisan coalition of 48 attorneys general in filing a lawsuit against Facebook Inc., alleging that the company has and continues today to illegally stifle competition to protect its monopoly power. The lawsuit alleges that, over the last decade, the social networking giant illegally acquired competitors in a predatory manner and cut services to smaller threats, depriving users from the benefits of competition and reducing privacy protections and services along the way - all in an effort to boost its bottom line through increased advertising revenue.

"Free and fair competition is a bedrock principle of the American economy," said Frey. "Consumers are negatively impacted when companies like Facebook illegally stifle competition, reduce privacy protections, and diminish the quality of services."

Since 2004, Facebook has operated as a personal social networking service that facilitates sharing content online without charging users a monetary fee, but, instead, provides these services in exchange for a user's time, attention, and personal data. Facebook then monetizes its business by selling advertising to firms that attach immense value to the user engagement and highly targeted advertising that Facebook can deliver due to the vast trove of data it collects on users, their friends, and their interests.

In an effort to maintain its market dominance in social networking, Facebook employs a variety of methods to impede competing services and as Chairman, Chief Executive Officer, and controlling shareholder Mark Zuckerberg has stated to "build a competitive moat" around the company. The two most utilized strategies have been to acquire smaller rivals and potential rivals before they could threaten Facebooks dominance and to suffocate and squash third-party developers that Facebook invited to utilize its platform allowing Facebook to maintain its monopoly over the social networking market and make billions from advertising. As one market participant noted, if an application (app) encroached on Facebooks turf or didnt consider selling, Zuckerberg would go into "destroy mode," subjecting small businesses to the "wrath of Mark."

Facebook is specifically charged with violating Section 2 of the Sherman Act, in addition to multiple violations of Section 7 of the Clayton Act.

The coalition asks the court to halt Facebooks illegal, anticompetitive conduct and block the company from continuing this behavior in the future. Additionally, the coalition asks the court to restrain Facebook from making further acquisitions valued at or in excess of $10 million without advance notice to the plaintiff states. Finally, the court is asked to provide any additional relief it determines is appropriate, including the divestiture or restructuring of illegally acquired companies, or current Facebook assets or business lines.

The complaint was filed in the U.S. District Court for the District of Columbia.

Separately, but in coordination with the multistate coalition, the Federal Trade Commission (FTC) also today filed a complaint against Facebook in the U.S. District Court for the District of Columbia. The coalition wishes to thank the FTC for its close working relationship and collaboration during this investigation.

The lawsuit is brought by the attorneys general of Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the territory of Guam.

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Supporting documents

Facebook Complaint

AG Frey joins coalition of 23 attorneys general opposing Texas AG's baseless effort to invalidate 2020 election results in Georgia, Michigan, Pennsylvania, and Wisconsin

December 11, 2020

AGs Argue Before Supreme Court That Texas Suit Lacks Legal Support and Offers Zero Evidence of Systemic Voter Fraud

AUGUSTA - Attorney General Aaron M. Frey yesterday joined a coalition of 23 Attorneys General urging the Supreme Court to reject Texas Attorney General Ken Paxton's request that the Court overturn election results in four states critical to President-elect Joe Bidens victory. In an amicus brief led by District of Columbia Attorney General Karl A. Racine, filed in Texas v. Pennsylvania, the coalition argues that Texass unprecedented suit depends on a misreading of the Constitutions Electors Clause-one that clashes with a century of precedent, denies states power to make their own decisions about election administration and oversight, and threatens to upend the basic notions of federalism and states rights. Further, the suit depends on specious claims of voter fraud, offering no evidence whatsoever of systemic fraud in the November election. The coalition is asking the court to throw out Texass suit against the four states.

"The attempt by Texas to selectively invalidate the votes of other states based on nothing more than unsubstantiated allegations and political animus represents a new attempt at voter suppression," said Frey. "Both Republican and Democratic officials in the states targeted have repeatedly confirmed that the election results were not affected by fraud. I would not tolerate another state trying to silence Maine voters, which is why I joined the request for the Supreme Court to reject this case."

According to President Trumps own Department of Homeland Security, the 2020 election was "the most secure in American history." President-elect Biden carried the states of Georgia, Michigan, Pennsylvania, and Wisconsin by decisive margins. Both Wisconsin and Georgia underwent recounts to confirm the results. Wisconsins recount revealed President-elect Biden had won by a slightly larger margin of victory than in the initial count. All three recounts in Georgia have reaffirmed President-elect Bidens edge. Election officials in all 50 states and the District of Columbia have now certified their results. While President Trumps campaign has made wild allegations of electoral tampering, neither the campaign nor its supporters have produced any evidence of substantial voter fraud, or other forms of wrongdoing. The president and his allies have filed 55 election-related suits since November 3 and judges have rejected their claims in all but one minor case.

Despite this, the Texas Attorney, supported by 17 Republican Attorneys General, filed a lawsuit against Georgia, Michigan, Pennsylvania, and Wisconsin in the Supreme Court. The lawsuit alleges that the States unlawfully enacted changes to their election laws under the cover of the COVID-19 pandemic. It asks the Supreme Court to make an unprecedented intervention and invalidate the will of the voters in those four states. Tellingly, it says nothing of other statesincluding Texas and several other States that supported Texass lawsuitthat made similar changes to their election process to guarantee access to the ballot while keeping residents safe during this public health emergency.

The 23-Attorney General coalition filed an amicus brief today in vigorous opposition to Texass undemocratic effort to overturn the results of the election. Specifically, the states urge the Supreme Court to deny Texass lawsuit because:

  • Texas's interpretation of the Electors Clause is contrary to a century's worth of precedent: The Electors Clause of the Constitution grants the states the power to set their own rules for presidential elections held within their own states. While the text of the Constitution says this authority is given to state legislatures, since the early 20th century, the Supreme Court has allowed the legislatures to delegate this authority to elections administrators or other state government entities.

  • States have a constitutional right to determine the process for administering their own elections: Federalism is a core component of the Constitution, governing a division of power between the states and the federal government. The Constitution makes clear, and the Court has affirmed, that the Framers granted the States the right to administer and oversee presidential elections on their own. Yet Texass lawsuit calling on the Supreme Court to intervene in the elections held by the four defendant states would infringe on that right, and thus, their sovereignty. Further, it would set its own destructive precedent limiting the States ability to make critical changes to the structure and oversight of elections.

  • There is no evidence that the states common-sense measures to protect the vote and the health of residents produced significant voter fraud: Since 2000, more than 250 million people in all 50 states have voted using mail-in ballots, and in 2018 alone, more than 31 million Americans or about 25.8 percent of voters cast their ballots by mail. Moreover, five states, Colorado, Hawaii, Oregon, Utah, and Washington, already have all-mail voting systems where every registered voter receives a ballot in the mail. Despite the prevalence of voting by mail, officials at the state and federal level have consistently found no evidence of widespread fraud. That remained true for the 2020 election. Despite President Trumps claims that the results were tainted by voting fraud, his campaign lawyers and other allies have consistently failed to substantiate these assertions with any evidence. Indeed, Republican and Democratic officials overseeing the elections in all four defendant states have repeatedly confirmed that these processes were safe and secure.

A copy of the amicus brief is attached.

AG Racine led the amicus brief joined by AG Frey, along with Attorneys General from the States and Territories of California, Colorado, Connecticut, Delaware, Guam, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, U.S. Virgin Islands, and Washington.

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Supporting documents

Texas v Pennsylvania Amicus

Report of the Attorney General on the Use of Deadly Force by State Police Cpl. MacDonald on May 14, 2018 in Wales

December 11, 2020

Supporting documents

Attorney General Report

Updated Attorney General and DHHS Guidance on Face Coverings

December 16, 2020

Supporting documents

Joint Guidance (Updated) 12.16.2020

Attorney General Releases Drug Death Report for Third Quarter of 2020

January 11, 2021

AUGUSTA - The Office of the Attorney General (OAG) and the Office of Chief Medical Examiner have released figures demonstrating that drug overdose deaths slightly decreased in the third quarter of 2020, though the total year-to-date deaths is on pace to significantly exceed those in 2019. Attorney General Aaron M. Frey says that the numbers are still too high and serve as evidence of the opioid epidemic's continued force as a public health crisis.

In response to the report, Attorney General Frey said, "we must urgently work to connect Mainers who are struggling with substance use disorder with the resources they need to protect them and help them advance in recovery, and we must come together as a community to get the COVID-19 pandemic under control so that barriers to treatment and support are removed."

The report compiled by Dr. Marcella Sorg and Dr. Kiley Daley of the University of Maine's Margaret Chase Smith Policy Center, showed that 122 deaths were caused by drugs in the third quarter of 2020. This is a 7% decrease from the second quarter of 2020. The 380 deaths caused by drugs in the first three quarters of 2020 represent a 24% increase over the previous three-quarter period, April December 2019, which had a total of 306. 83% of deaths were caused by at least one opioid, frequently nonpharmaceutical fentanyl, and 81% of deaths were caused by two or more drugs.

The report notes, similarly to last quarters report, that these increases are comparable to increases being seen nationally, which are "likely due at least in part to the effects of the covid-19 pandemic and related mitigation measures: isolation, avoidance of or difficulty accessing medical services, and alterations in the illicit drug supply."

Attorney General Frey noted that combatting drug deaths continues to be a priority of the Office of the Attorney General. He is a member of the Governors Prevention and Recovery Cabinet.

The full report from Dr. Sorg and Dr. Daley is attached.

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Supporting documents

Drug Death Report: Q3 2020

Maine's Attorney General and Secretary of State join coalition defending key provision of the Voting Rights Act before Supreme Court

January 21, 2021

Frey and Bellows Argue That Provision Removes Racial Barriers to Voting Without Infringing State Sovereignty

AUGUSTA - Attorney General Aaron M. Frey and Secretary of State Shenna Bellows have joined amicus briefs urging the Supreme Court to uphold a robust test for applying Section 2 of the Voting Rights Act (VRA)-which prohibits policies and practices that deny or abridge citizens' right to vote based on their race.

Attorney General Frey joined an amicus brief signed by 18 attorneys general, and Secretary Bellows joined an amicus brief signed by nine secretaries of state as well as numerous state and local elections officials. These briefs were filed in Brnovich v. Democratic National Committee and Arizona Republican Party v. Democratic National Committee, two consolidated cases concerning Arizona laws that challengers allege make it harder to vote. The coalition argues that the courts apply a sufficient inquiry into whether state laws actually discriminate against voters of color and that the Supreme Court should maintain this standard instead of narrowing it or striking down critical voting rights legislation.

"Section 2 is essential to the Voting Rights Act and ensuring that the democratic process is available to all citizens, regardless of their color," said Attorney General Frey. "My fellow attorneys general and I support the Ninth Circuits decision, which correctly recognized that even seemingly neutral election laws can result in the denial or abridgment of the right to vote on account of race, in violation of the Voting Rights Act."

"Section 2 of the Voting Rights Act ensures equitable and fair access to elections nationwide, and has served that role for decades now without negative impacts on other elections laws," said Secretary of State Shenna Bellows. "It is an important guard against racial discrimination in our elections and Im proud to join the 37 other elections officials in showing our support for these protections of our citizens voting rights."

Section 2 of the Voting Rights Act prohibits any "qualification or prerequisite to voting" or "standard, practice, or procedure" that "results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color." Since 1982, this has contained a discriminatory-results provision, which prohibits election laws or structures that create unequal opportunities for participation in the political process.

Arizona has two laws that have been challenged because of discriminatory results: an "out-of-precinct policy," under which provisional ballots cast in person are not counted if the voter, even inadvertently, cast the ballot outside their designated precinct; and a "ballot-collection" statute that prohibits so-called ballot harvesting and only allows certain individuals, such as family members, to collect and submit another persons completed early ballot. The Ninth Circuit concluded that both laws produced a disparate impact on voters of color, creating unequal opportunities for political participation, and thus both violated the VRA. The Arizona Attorney General and the Arizona Republican Party are challenging the Ninth Circuits ruling in the Supreme Court, joined by Republican state attorneys general. They argue that the current test would strike down all laws that impose even small differential effects on voters of different races.

The 18-Attorney General coalition supporting the ruling filed an amicus brief defending the existing test for assessing violations to the VRA. Specifically, the states urge the Supreme Court to uphold the Ninth Circuits decision because:

  • Generally applicable election laws like Arizonas can violate Section 2 of the VRA: Previous cases have demonstrated that seemingly "neutral, generally applicable election laws" can result in denial or abridgment of the vote to people of color. The Supreme Court has interpreted the text of the Voting Rights Act to provide the broadest possible scope, extending to facially neutral and generally applicable laws.

  • The existing test incorporates a rigorous analysis that only threatens election laws that actually operate to abridge or deny electoral opportunities: The Ninth Circuits test, which is similar to ones used by other courtsrequires more than a disparate impact. Once a finding of disparate impact is made, the Court engages in a more searching inquiry into whether electoral systems actually function to exclude minority voters. The plaintiff must demonstrate the disparate burden actually denies voters of color equal opportunities to participate in the electoral process. This rigorous analysis provides a workable framework that gives States flexibility while preventing discrimination.

  • The two-part test is constitutional because it prevents and deters lawmakers from enacting discriminatory laws: Intentional discrimination is very difficult to prove. The results test is important because it helps to weed out intentional discrimination and prevents future unconstitutional conduct by targeting the racially polarized conditions most likely to incentivize intentional discrimination in the regulation of elections.

Copies of both briefs are attached.

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Supporting documents

AG Coalition Brief

State and Local Officials Brief

States reach $573 million settlement with McKinsey & Company for its role in "turbocharging" the opioid epidemic with Purdue Pharma

February 4, 2021

AUGUSTA - Attorney General Aaron M. Frey has joined a coalition of attorneys general from 47 states, the District of Columbia and five U.S. territories in a $573 million settlement with one of the world's largest consulting firms, McKinsey & Company, resolving investigations into the companys role in working for opioid companies, helping those companies promote their drugs, and profiting from the opioid epidemic.

The settlement, after payment of costs, will be used to abate problems caused by opioids in the participating states. Maine will receive $3,139,915 from the multistate settlement. This is the first multi-state opioid settlement to result in substantial payment to the states to address the epidemic.

In addition to providing funds to address the crisis, the agreement calls for McKinsey to prepare tens of thousands of its internal documents detailing its work for Purdue Pharma and other opioid companies for public disclosure online. In addition, McKinsey agreed to adopt a strict document retention plan, continue its investigation into allegations that two of its partners tried to destroy documents in response to investigations of Purdue Pharma, implement a strict ethics code that all partners must agree to each year, and stop advising companies on potentially dangerous Schedule II and III narcotics.

"This settlement is one step toward achieving accountability and redress for the harms caused by companies which aggressively pushed opioids into states like Maine and profited greatly from it," said Frey. "McKinsey played a critical role in advising manufacturers like Purdue in how to market their product, so this settlement is appropriate. We will continue to aggressively pursue Purdue, the Sackler family, and other manufacturers and distributors responsible for this epidemic which continues to wreak havoc on our state."

Todays filings describe how McKinsey contributed to the opioid crisis by promoting marketing schemes and consulting services to opioid manufacturers, including OxyContin maker Purdue Pharma, for over a decade. The complaint, filed with the settlement, details how McKinsey advised Purdue on how to maximize profits from its opioid products, including targeting high-volume opioid prescribers, using specific messaging to get physicians to prescribe more OxyContin to more patients, and circumventing pharmacy restrictions in order to deliver high-dose prescriptions.

When states began to sue Purdues directors for their implementation of McKinseys marketing schemes, McKinsey partners began emailing about deleting documents and emails related to their work for Purdue.

The opioid epidemic has led to considerable harm to individuals and communities in Maine over the last 20 years. During this time, thousands of Mainers have died from a drug overdose. On an economic level, these deaths-and the impacts on Mainers who have struggled opioid addictionhave created considerable costs to the state in the form of health care, child welfare, criminal justice, and many other programs needed to lessen the epidemic. It has also resulted in lost economic opportunity and productivity. On the social level, opioid addiction, abuse, and overdose deaths have torn families apart, damaged relationships, and eroded the social fabric of communities.

Todays filing is the latest action AG Frey and his office has taken to combat the opioid epidemic and to hold accountable those who are responsible for creating and fueling the crisis. The Office of the Attorney General continues to produce regular drug death reports and is involved in litigation against several opioid manufacturers and distributors.

The states investigation was led by an executive committee made up of the attorneys general of California, Colorado, Connecticut, Massachusetts, New York, North Carolina, Oklahoma, Oregon, Tennessee, and Vermont. The executive committee is joined by the attorneys general of Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia, Wisconsin, Wyoming, the District of Columbia, and the territories of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.

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Supporting documents

McKinsey Consent Judgment

McKinsey Complaint

AG Frey warns vaccine providers against giving COVID-19 vaccine to ineligible individuals

February 16, 2021

AUGUSTA - Attorney General Aaron M. Frey has issued an advisory to all COVID-19 vaccine providers in Maine warning them against administering doses of vaccine to ineligible individuals. This advisory comes in response to reports of improper administration by large providers and notes that "the Office of the Maine Attorney General will consider seeking legal and administrative sanctions against providers who administer the COVID-19 vaccine to persons who do not meet applicable eligibility criteria."

In addition to the advisory, Attorney General Frey issued the following statement:

"It is important to recognize and appreciate the efforts of Maine's health care providers who are carefully adhering to the states guidelines. I want to thank them for their hard work vaccinating eligible Mainers, which is saving lives."

"It is also important to stop behavior which contradicts the rules put in place by the CDC. Whether it is giving vaccine doses to wealthy donors who cut the line ahead of others who might need it more, or allowing out of state union-busters to receive doses which should have gone to Mainers, practices which go against the protocols developed carefully by the experts at the Maine Center for Disease Control and Prevention undermine the public's trust and hinder our response to the pandemic."

A copy of the advisory, which sets forth who is currently eligible to receive the COVID-19 vaccine, is attached.

Supporting documents

Memo to Vaccine Providers

Attorney General Releases Drug Overdose Data for January 2021

February 18, 2021

Data will be updated on a monthly basis

AUGUSTA - The Office of the Attorney General (OAG) and the Office of Chief Medical Examiner have released drug overdose data for January 2021, which draws attention to the continued devastation the opioid epidemic is causing in Maine. This report inaugurates monthly reporting, designed to improve transparency and timeliness regarding Maine's epidemic of substance use morbidity and mortality. Year-to-date numbers will be updated with each new monthly report, as cases are finalized, and their overdose status is confirmed or ruled out. The totals are expected to shift as this evolution occurs. In addition, as a result of using a smaller sample size in each month, totals are expected to fluctuate due to the effects of random variation. The reports will also feature aspects of the states response to the epidemic. These monthly reports will be posted on https://mainedrugdata.com.

The report, compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center, showed that 58 deaths were caused by drugs in January of 2021. Of those, 29 are confirmed drug deaths and 29 are suspected drug deaths. The most frequent cause of death in these cases is non-pharmaceutical fentanyl.

In response to the report, Attorney General Aaron M. Frey said, "January's numbers are a stark and tragic reminder of how pervasive and deadly the opioid epidemic is. We must urgently work to connect Mainers who are struggling with substance use disorder with the resources they need to protect them and help them advance in recovery, and we must come together as a community to get the COVID-19 pandemic under control so that barriers to treatment and support are removed."

Frey continued, "reporting this data more frequently, and eventually adding data for non-fatal overdoses, will enable us to have a better grasp in real-time of the crisis. I am also encouraged by efforts underway from Governor Mills's administration and other stakeholders and am pleased that the report will begin to highlight aspects of the states response to the crisis which merits greater attention."

One such measure Frey noted was the Overdose Prevention Through Intensive Outreach Naloxone and Safety (OPTIONS) initiative. OPTIONS is a coordinated effort of the Maine Office of Behavioral Health (OBH) and other state agencies to improve the health of Mainers using substances through harm reduction strategies, helping them on the road to recovery, and dramatically reducing the number of fatal and non-fatal drug overdoses. More information on OPTIONS can be found at https://knowyouroptions.me.

Attorney General Frey noted that combatting drug deaths continues to be a priority of the Office of the Attorney General. He is a member of the Governors Prevention and Recovery Cabinet.

The full report from Dr. Sorg is attached.

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Supporting documents

Monthly Overdose Death Report: January 2021

Attorney General files civil rights complaint following Portland attack

Augusta - Attorney General Aaron M. Frey announced today that he will be filing a civil rights enforcement action against Troy Sprague, age 47, of Portland, for the attack on an Asian-American woman and her 12-year-old daughter on March 15, 2021 in Portland. The Attorney General's complaint seeks an order protecting the woman and her family, by prohibiting Sprague from having any contact with her or her family and from violating the Maine Civil Rights Act in the future.

According to the complaint, on the afternoon of March 15, 2021, the woman and her daughter were in their car waiting for an oil service at Prompto 10 Minute Oil Change on Forest Avenue in Portland. Sprague was walking along Forest Avenue when he turned and started swearing at the woman, telling her "to go back to your country" and "You Chinese go back to your country." Sprague then jumped over the guard rail separating the sidewalk from the service station and began kicking the womans partially open window. His kicking damaged her rearview mirror, causing debris to fly into her car and hit her daughter.

"We are bearing witness to an unconscionable increase in hate crimes being perpetrated against individuals of Asian descent across our nation," said Frey. "We will not tolerate such attacks in Maine, and we will act swiftly to address allegations like those received last week out of Portland. We encourage any member of Maines Asian-American community to contact their local law enforcement agency if they encounter threats or acts of violence or property damage based on bias against their race, ancestry, or national origin. We will review all such cases to determine whether they meet the criteria for enforcement under our Civil Rights Act."

The Portland Police Department arrested Sprague on March 20, 2021, for Criminal Mischief and Interfering with Constitutional and Civil Rights. He has been released on bail.

The Maine Civil Rights Act prohibits the use of violence, the threat of violence or property damage against any person motivated by that persons race, color, religion, sex, ancestry, national origin, physical or mental disability or sexual orientation. Any violation of an injunctive order under the act is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.

The Attorney Generals Office would like to thank the Portland Police Department for the investigation of this case and the prompt referral to the Attorney General for enforcement under the Maine Civil Rights Act.

The complaint is attached.

Supporting documents

Sprague Complaint

Attorney General files civil rights complaint following Portland attack

March 22, 2021

Augusta - Attorney General Aaron M. Frey announced today that he will be filing a civil rights enforcement action against Troy Sprague, age 47, of Portland, for the attack on an Asian-American woman and her 12-year-old daughter on March 15, 2021 in Portland. The Attorney General's complaint seeks an order protecting the woman and her family, by prohibiting Sprague from having any contact with her or her family and from violating the Maine Civil Rights Act in the future.

According to the complaint, on the afternoon of March 15, 2021, the woman and her daughter were in their car waiting for an oil service at Prompto 10 Minute Oil Change on Forest Avenue in Portland. Sprague was walking along Forest Avenue when he turned and started swearing at the woman, telling her "to go back to your country" and "You Chinese go back to your country." Sprague then jumped over the guard rail separating the sidewalk from the service station and began kicking the womans partially open window. His kicking damaged her rearview mirror, causing debris to fly into her car and hit her daughter.

"We are bearing witness to an unconscionable increase in hate crimes being perpetrated against individuals of Asian descent across our nation," said Frey. "We will not tolerate such attacks in Maine, and we will act swiftly to address allegations like those received last week out of Portland. We encourage any member of Maine's Asian-American community to contact their local law enforcement agency if they encounter threats or acts of violence or property damage based on bias against their race, ancestry, or national origin. We will review all such cases to determine whether they meet the criteria for enforcement under our Civil Rights Act."

The Portland Police Department arrested Sprague on March 20, 2021, for Criminal Mischief and Interfering with Constitutional and Civil Rights. He has been released on bail.

The Maine Civil Rights Act prohibits the use of violence, the threat of violence or property damage against any person motivated by that persons race, color, religion, sex, ancestry, national origin, physical or mental disability or sexual orientation. Any violation of an injunctive order under the act is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.

The Attorney Generals Office would like to thank the Portland Police Department for the investigation of this case and the prompt referral to the Attorney General for enforcement under the Maine Civil Rights Act.

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Supporting documents

Sprague Complaint

Attorney General Releases Drug Overdose Data for February 2021

March 25, 2021

Data will continue to be updated on a monthly basis

AUGUSTA - The Office of the Attorney General (OAG) and the Office of Chief Medical Examiner have released drug overdose data for February 2021, which draws attention to the continued devastation the opioid epidemic is causing in Maine. This report continues monthly reporting, designed to improve transparency and timeliness regarding Maine's epidemic of substance use morbidity and mortality. Year-to-date numbers will be updated with each new monthly report, as cases are finalized, and their overdose status is confirmed or ruled out. The totals are expected to shift as this evolution occurs. In addition, as a result of using a smaller sample size in each month, totals are expected to fluctuate due to the effects of random variation. The reports will also feature aspects of the states response to the epidemic. These monthly reports will be posted on https://mainedrugdata.org.

The report, compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center, showed that 45 deaths were caused by drugs in February of 2021. Of those, 27 are confirmed drug deaths and 18 are suspected drug deaths. The most frequent cause of death in these cases is non-pharmaceutical fentanyl.

In response to the report, Attorney General Aaron M. Frey said, "Februarys numbers are an important reminder of the opioid crisiss continued grip on our state and the country. I am hopeful that current efforts, including the work of the Opioid Data Sharing Committee highlighted in t his report, will continue to shine a light on the need for state and local governments to work proactively with community members and organizations to ensure that people are connected with the resources they need to treat substance use disorder."

The Opioid Data Sharing Committee will be featuring one category of the data each month, and exploring its relevance and promise for understanding the drug-related issues Maine is facing, e.g. law enforcement; judicial systems; corrections; prescription monitoring; treatment; syringe exchange program data; naloxone distribution data; and overdose data. The goal is to improve transparency and public engagement, as well as to provide a readily accessible source for information needed both by the public and by policy makers, supporting Maines efforts to make its policy decisions data-driven and evidence-based. More information can be found at https://mainedrugdata.org.

Attorney General Frey noted that combatting drug deaths continues to be a priority of the Office of the Attorney General. He is a member of the Governors Prevention and Recovery Cabinet.

The full report from Dr. Sorg is attached.

Supporting documents

February 2021 Report

Attorney General announces indictment of Malcolm Stewart

March 25, 2021

AUGUSTA - Attorney General Aaron M. Frey announced today that the Knox County Grand Jury has returned an indictment against Malcolm Stewart, age 56, who did business as Castle Builders, for theft by deception from consumers throughout the Mid Coast area. The indictment alleges that Stewart induced 57 consumers to pay deposits in the aggregate amount of over $400,000 for home construction projects that he knew he did not have the capacity to complete. In most of the transactions listed in the indictment, Stewart performed no work in return for the money. In a few of the transactions, he performed only a minimal amount of substandard work.

The indictment also alleges that Stewart induced two consumers to advance him a loan of $50,000 in December 2018, by falsely claiming he had cash flow problems because customers were not paying him and he had the capacity to repay the loan, beginning the following month. Stewart never made a single payment on the so-called loan.

Stewart closed the business without notice to the consumers after he collected his last deposit on September 6, 2019 and left Maine for Pelzer, South Carolina.

The Court issued a warrant for Stewart's arrest and set bail at $50,000 cash.

"A contractor who knowingly induces consumers to pay him money without intending to perform the promised services commits a criminal offense," said Frey. "Obtaining money through deception is not just bad business; its theft, and it directly harms consumers who have in many cases saved money over time to pay for these services."

In addition to announcing the indictment, Attorney General Frey urged consumers to exercise caution when hiring home construction contractors.

"Maine does not license home construction contractors so consumers must proceed with caution when hiring a contractor," said Frey. "Ask your friends and family for the names of people who have done good work for them. Check references and do some research to determine if the contractor is reputable or has many complaints. Also, read Chapter 17 of the Attorney Generals Consumer Law Guide, which has information on Maines law governing home construction and repair contracts, and what you can do if youre not satisfied with the contractors work."

The Office of Attorney General also filed a civil action against Stewart and his wife Elizabeth Stewart under the Maine Unfair Trade Practices Act on December 20, 2019. That lawsuit remains pending.

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Supporting documents

Signed Indictment

Report of the Attorney General on the Use of Deadly Force by Bangor Police Officer Hall on October 16, 2018

April 5, 2021

Supporting documents

20181016_HALL_Bangor

Revision Cover Letter

Letter Revision

Report of the Attorney General on the Use of Deadly Force by Law Enforcement Officers in Minot on February 2, 2020

April 7, 2021

Supporting documents

Minot Investigation Letter

Report of the Attorney General on the Use of Deadly Force by Old Town Police Officer on November 29, 2018

April 7, 2021

Supporting documents

Old Town Investigation Letter

Maine Tax Crime Prosecutions Continue Through COVID

April 9, 2021

AUGUSTA - Attorney General Aaron Frey announced today that in the year since Maine recorded its first case of COVID-19, the Office of the Attorney General (OAG) has continued to work with Maine Revenue Services (MRS) to prosecute tax evaders and to ensure that all people pay their fair share of taxes.

From March 12, 2020, to March 8, 2021, the OAG working with MRS resolved 14 criminal prosecutions including:

  • On March 12, 2020, in Hancock County, Dana Betts pleaded guilty to one misdemeanor count of theft by deception of federal income tax refunds and five misdemeanor counts of intentional evasion of Maine income tax and was sentenced to 364 days, all but 70 days suspended, and one year of administrative release. Conditions of administrative release include timely and truthfully filing and paying taxes and making regular payments towards the restitution of $36,724.32.

  • On October 2, 2020, in Franklin County, Sharmila Das-Wattley pleaded guilty to four misdemeanor counts of failure to file Maine income tax returns and entered into a two-year deferred disposition agreement. If Ms. Das-Wattley complies with the conditions of the deferral agreement, including paying the full restitution of $23,415.21, she will be sentenced to 364 days with all but a cap of 90 days suspended and the right to argue for less.

  • On November 16, 2020, in Oxford County, John Brenchick pleaded guilty to one misdemeanor count of theft by deception of federal income tax refunds, one misdemeanor count of theft by deception of Maine income tax refunds, two misdemeanor counts of intentional evasion of Maine income tax, two misdemeanor counts of failure to pay Maine income tax, and one misdemeanor count of failure to file a Maine income tax return and received a sentence of 364 days, all but 21 days suspended, and one year of administrative release and a consecutive sentence of 364 days all suspended and one year of administrative release. Conditions of his administrative release include making regular payments towards the restitution of $25,505.17 and timely and truthfully filing and paying taxes.

  • On March 4, 2021, in Cumberland County, Susan Eklund pleaded guilty to 12 misdemeanor counts of failure to truthfully collect, account for or pay over sales tax with regard to her restaurant, Susan's Fish-n-Chips, and entered into an 18-month deferred disposition agreement. If Ms. Eklund complies with the conditions of the deferral agreement, including timely and truthfully filing and paying Maine sales and income tax and making regular payments towards the restitution of $205,506.87, she will receive a sentence of 364 days, all suspended, and one year of administrative release.

  • On March 8, 2021, in Somerset County, Lisa Levine pleaded guilty to four misdemeanor counts of failure to file Maine income tax returns and entered into a two-year deferred disposition agreement. If Ms. Levine complies with the conditions of the deferral agreement, including timely and truthfully filing and paying taxes and paying the full restitution of $13,237.58, she will receive a sentence of 30 days in jail.

Attorney General Frey commented, "the COVID-19 pandemic has been a challenge for all Mainers. My office has taken into account the hardships that Mainers have been experiencing, but we all must do our part to comply with the tax and criminal laws of our State, particularly since taxes fund the essential services we rely on. Nearly all of us have experienced financial difficulty at one time or another, but that is no excuse to habitually and intentionally shirk legal duties and obligations, and my office will continue to pursue those who do so."

Maine Revenue Services Criminal Investigations Unit investigated the cases and Assistant Attorneys General Gregg Bernstein and Elizabeth T. Weyl prosecuted them for the Criminal Division of the Office of the Attorney General.

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Statement from Attorney General on Derek Chauvin Verdict

April 20, 2021

AUGUSTA - This afternoon, jurors found former Minneapolis police officer Derek Chauvin guilty on all three counts against him in the May 2020 murder of George Floyd. Maine Attorney General Aaron Frey issued the following statement in response to the verdict:

"The guilty verdicts handed down against Derek Chauvin are important in holding him accountable for the murder of George Floyd. As someone who swore an oath to uphold and enforce the law, I recognize that this murder was symbolic of a criminal justice system which far too often enables the killing of unarmed black men. But today's verdict is the outcome of just one case. We must continue to dedicate ourselves to ending the systemic racism that exists throughout our criminal justice system. We have an obligation, especially those of us who work in law enforcement, to pursue a more just system of policing in Maine and across the country."

"I want to recognize the leadership shown by my colleague, Attorney General Keith Ellison, and his team in Minnesota, and I want to thank them for the commitment to justice their efforts demonstrated."

Chauvin was convicted on the following three counts: second-degree murder, third-degree murder, and second-degree manslaughter.

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Attorney General and Securities Administrator Warn Public About New Phone Scam

April 21, 2021

Augusta - Attorney General Aaron M. Frey and Securities Administrator Judith Shaw are warning the public of a new phone scam from a caller claiming to be from the Internal Revenue Service.

In this scam, the caller tells the recipient that because he had previously invested in binary options, he is now an accessory to an international drug smuggling ring and having an offshore bank account. The caller said he would need to notify the local District Attorney and the Maine Attorney General and then played what sounded like a police scanner, claiming to be having communication with the law enforcement officials via two-way radio. The caller said they could settle the matter by either having "agents" go to the individual's house to arrest him, or he could pay a $1,000.00 bond.

"If you receive a call like this, dont be fooled," said Frey. "No government agency will call you to demand you settle alleged criminal violations by either agreeing to arrest or paying a sum of money."

Administrator Shaw noted, "while this call was clearly meant to scare and intimidate the recipient with exaggerated claims of criminal conduct associated with an investment, investors should use caution when investing in binary options."

A binary option is a type of all-or-nothing investment contract where the investor predicts the value of an underlying asset (currency, stock, etc.) at a predetermined time or date in the future. If the investor correctly predicts the asset price at the end of the contract, which can be just a matter of minutes, the investor receives the payout agreed upon in the contract. If the investor is incorrect, the investor loses the entire amount invested. Binary options are often promoted to investors by unlicensed overseas companies through unsolicited calls or emails. The investment offers often contain promises of receiving matching bonus money after you invest. Once the investor sends their money, the company stops responding and eventually disappears.

Consumers can contact the Maine Attorney Generals Office with questions or concerns about these kinds of scams or other issues they have had with a business. They are encouraged to contact the Office of the Attorney Generals Consumer Protection Division at: State House Station 6, Augusta, ME 04333-0006 or by email at Consumer.mediation@maine.gov, or telephone at 1-800-436-2131.

Administrator Shaw urged anyone who has questions about the authenticity or legality of an investment opportunity, or about the individual making the offer, to contact the Office of Securities. Information about advisers, salespersons and investing is available at www.investors.maine.gov, by calling 1-877-624-8551 or writing to the Maine Office of Securities, 121 SHS, Augusta, Maine 04333-0121.

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The Office of Securities is an agency within Maines Department of Professional and Financial Regulation (www.maine.gov/pfr )

Report of the Attorney General on the Use of Deadly Force by Law Enforcement Officers on April 26, 2019 in Medford

Supporting documents

Medford Investigation Letter

Report of the Attorney General on the Use of Deadly Force by Law Enforcement Officers on April 26, 2019 in Medford

April 23, 2021

Supporting documents

Medford Investigation Letter

Attorney General Frey Releases 2021 Domestic Abuse Homicide Review Panel Report

April 28, 2021

AUGUSTA - Attorney General Aaron M. Frey released the 13th Biennial Domestic Abuse Homicide Review Panel Report in a virtual press conference today. Joining the attorney general in speaking at the press conference were Governor Janet Mills, Francine Stark of Maine Coalition to End Domestic Violence (MCEDV), and Deputy Attorney General Lisa Marchese, Chief of the Criminal Division of the Office of the Attorney General (OAG) and chair of the panel. The report features a 20-year retrospective on the progress made in preventing domestic abuse homicides and the challenges which remain.

"As the 13th Biennial report is distributed, we recognize that the pandemic has impacted the focus of state government, however it is critical that Maine prioritize funding for domestic and sexual violence prevention and intervention," said Attorney General Frey. "People who commit domestic and sexual violence have a societal and economic impact on all of us. Continued funding for victims' services must be realized to keep the momentum going forward."

Frey continued, "I am grateful for the work of the panelists, which include individuals who work in my office, and I hope that legislators seriously consider the recommendations in this report as they have in the past."

"For twenty years, the Maine Domestic Abuse Homicide Review Panel has helped lawmakers understand why domestic homicides occur so that we might take every action we can to prevent them. That guidance has shaped meaningful changes in public policy, but more must be done," said Governor Mills. "My administration is committed to working with community members, victim service providers, and criminal justice professionals to prevent domestic violence in our state and improve our response to all victims of crime so that they may find safety, justice, and peace of mind."

"In so many cases family, friends, neighbors, or coworkers were aware of domestic abuse occurring, often providing help, while others felt helpless to do anything. There is nearly always something to be done," said Francine Stark of MCEDV. "A good first step is calling a community-based advocacy organization your local Domestic Violence Resource Center is available 24/7 to talk with you about what is happening and help you think about next steps, resources, and strategies to keep yourself and the person you are worried about safe. These resources are listed in the appendices of the report."

Stark continued, "most importantly, all of us professional responders, community, and family must work together to create systems of accountability that center the humanity of all involved but do not minimize the harm done and potential lethality of those who choose to be abusive and violent against their intimate partners or families."

The biennial report addresses the fatality reviews completed by the Maine Domestic Abuse Homicide Review Panel since 2018. The Panel reviews domestic abuse homicide cases after sentencing or acquittal, and domestic abuse homicide-suicide cases after investigations are complete.

During the period established for this review, the Panel reviewed nineteen cases involving domestic abuse, which occurred from 2014 to 2019. Of the cases, eighteen were classified as domestic abuse homicide cases and one was classified as a suicide preceded by prolonged intimate partner violence. A total of twenty perpetrators in the cases reviewed were responsible for twenty-one victims of domestic abuse homicide, one suicide, and one victim of serious injury who was a bystander.

In the current biennial review period, the following homicides occurred in Maine:

In 2018, nineteen perpetrators committed twenty homicides, nine of which the Department of Public Safety categorized as domestic abuse homicides.

In 2019, nineteen perpetrators committed twenty-two homicides, nine of which were categorized as domestic abuse homicides.

Together, these eighteen domestic abuse homicides accounted for nearly 43% of Maines total homicides during this two-year period.

The Maine Domestic Abuse Homicide Review Panel, which was established by the Maine Legislature in 1997 meets on a monthly basis to review and discuss domestic abuse homicide cases. The Panel Coordinator works with the prosecutor and/or the lead detective to present to the multi-disciplinary Panel detailed data about the homicide, information about the relationship of the parties, and any relevant events leading up to the homicide.

The Panel reviews these cases in order to identify potential trends in domestic abuse and recommend systemic changes that could prevent future deaths from occurring in Maine. The Panel plays a significant role in the prevention and intervention work that occurs in Maine by gathering opinions, analysis, and expertise from a variety of professional disciplines across the state.

Attorney General Frey and Governor Mills encouraged anyone in Maine experiencing domestic abuse to call the statewide hotline at 1-866-834-4357.

Supporting documents

REPORT

Statement from Attorney General on Nomination of Justice Valerie Stanfill as Chief Justice of Maine Supreme Judicial Court

May 11, 2021

AUGUSTA - Governor Janet T. Mills has nominated Superior Court Justice Valerie Stanfill, of Wayne, as Chief Justice of the Maine Supreme Judicial Court. Attorney General Aaron M. Frey issued the following statement praising the nomination:

"Justice Stanfill has a long, distinguished career as an attorney and jurist. Her experience as well as her fairness and commitment to equal justice under the law makes her an excellent choice to lead the Law Court into the future, at a time when the pandemic has presented numerous challenges for Mainers' access to justice. Justice Stanfill was a committed member of the Homicide Review Panel for many years. She brought her wisdom and experience to the Panel which resulted in recommendations that made victims safer and improved the process for all people involved in the Criminal Justice System. In her long career on the bench, Justice Stanfill has had a front row seat to some of the most difficult and sensitive issues facing our judicial system. This experience would serve her well if confirmed to take the helm of Maines Judicial Branch."

Justice Stanfills nomination is subject to confirmation by the Legislatures Joint Standing Committee on the Judiciary and the Maine State Senate.

Attorney General Frey Joins Coalition Fighting to Defend Women's Health and Reproductive Freedom

June 16, 2021

AUGUSTA - Attorney General Aaron M. Frey today joined a coalition of 16 Attorneys General from across the nation in submitting testimony into the congressional record urging passage of the Women's Health Protection Act (WHPA) which would protect the constitutional right to access abortion services by prohibiting unnecessary restrictions - passed at the state level that undermine the availability and safety of womens health care services. Attorney General Frey recently testified in opposition to similar measures being considered by the Maine Legislature.

"These state proposals create unnecessary and harmful barriers to patients' access to safe, legal abortion care, which is their intent," said Frey. "I am strongly opposed to similar measures currently under consideration by the Maine Legislature, and am concerned by their passage in other states. The proliferation of state legislative efforts to curb abortion rights is why it is crucial that Congress pass the Womens Health Protection Act."

The coalition led by New York Attorney General Letitia James argues that while legislators in many states may claim that the laws they are enacting are being passed to promote womens health, the reality is that these laws are simply designed to restrict access to abortion services and, most often, lead to worse health outcomes for women. These include laws requiring physicians to have admitting privileges at hospitals and setting arbitrary requirements at womens health clinics for the size of procedure rooms and corridors. The proliferation of these restrictions has negatively impacted womens health disproportionately affecting low-income communities and communities of color, while simultaneously creating a lack of national consistency that strains states health care systems. Most importantly, any law that imposes an undue burden on a womans right to choose to terminate a pregnancy is unconstitutional.

The Womens Health Protection Act targets these onerous state laws that have been adopted in a concerted strategy to restrict access to abortion across the nation. In Whole Womans Health v. Hellerstedt, the U.S. Supreme Court ruled that a Texas law that required abortion providers to maintain admitting privileges at a local hospital failed to advance womens health and posed an undue burden on women seeking an abortion. Additionally, last year, a coalition of Attorneys General helped win another victory in June Medical Services v. Gee, in which the Supreme Court held that a similar law in Louisiana was unconstitutional.

As more states try to pass new laws that restrict womens reproductive freedoms with medically unnecessary restrictions, new court challenges continue to be filed a process that can often take years. Thats why the coalition is today urging Congress to pass the WHPA to ensure that such restrictions are not imposed in the first place.

The consequences of these laws are already evident across the country. Research from 2017 found that 38 percent of women between the ages of 15 to 44 live in counties without a single abortion clinic. Additionally, as of June 2019, six states have only one abortion clinic remaining. As providers close due to the impact of medically unnecessary restrictions, women are likely to be forced to travel farther and make greater sacrifices to obtain access to care. In fact, history shows that many women will cross state lines, if they have the means to do so, when abortions are unavailable in their home states. For example, in the nearly three years between New York states liberalization of its abortion laws from 1970 to 1973 when the Supreme Court in Roe v. Wade ruled that the right to choose was constitutionally protected close to 350,000 women came to New York from other states where abortions were entirely or largely unavailable. Unfortunately, however, the burden of living in a state with restrictive access to abortion care often falls disproportionately on lower-income women who cannot afford to travel, take time off from work, or find childcare while they visit their nearest provider.

The coalition goes on to assert that laws aimed specifically at restricting abortion providers have proved, time and time again, to lead to worse health outcomes for women, including:

Increased maternal mortality rates, Delayed abortions, as well as increased health risks and costs for women who find themselves too far from an abortion provider, The undertaking of dangerous "black market" or self-induced abortions by some women, and A four-times higher risk of developing potentially life-threatening health conditions for women who are forced to carry a pregnancy to term, as well as substantially greater likelihood of experiencing physical violence from abusive partners or family members.

The widely known negative effects of laws targeting abortion providers undermines any argument that such laws are intended to promote womens health.

The coalition finally argues that without the WHPA, a lack of consistency in access to abortion services will lead to unnecessary strain on the states health care systems. Many women will cross state lines, if they have the means to do so, when abortions are unavailable in their home states. In the wake of recent abortion restrictions, some states have experienced a substantial influx of out-of-state patients seeking abortions as a result of reduced access in their home states. Medically unnecessary restrictions targeting abortion providers create a disservice to womens health and safety and pose challenges for states that aim to provide a full range of reproductive health services.

Joining Attorney General Frey and Attorney General James in submitting this testimony to Congress are the attorneys general of California, Colorado, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Nevada, New Mexico, Oregon, Vermont, Virginia, Washington, and the District of Columbia.

The testimony is attached.

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Supporting documents

Testimony

Attorney General Releases Drug Overdose Data for 2020 and March-April 2021

June 23, 2021

AUGUSTA - 504 Mainers died from drug overdoses in 2020, according to the annual report released by the Office of the Attorney General (OAG) and the Office of Chief Medical Examiner (OCME). The OAG and OCME have also released drug overdose data for March and April 2021. The reports draw attention to the continued devastation the opioid epidemic is causing in Maine. The March and April reports continue monthly reporting, designed to improve transparency and timeliness regarding Maine's epidemic of substance use morbidity and mortality. Year-to-date numbers will be updated with each new monthly report, as cases are finalized, and their overdose status is confirmed or ruled out. The totals are expected to shift as this evolution occurs. In addition, as a result of using a smaller sample size in each month, totals are expected to fluctuate due to the effects of random variation. The reports will also feature aspects of the states response to the epidemic. These monthly reports will be posted on https://mainedrugdata.org .

The reports were compiled by Dr. Marcella Sorg of the University of Maine's Margaret Chase Smith Policy Center. The annual report showed that 504 deaths were caused by drugs in 2020, which is a 33% increase over 380 in 2019. 336 of those deaths were due to non-pharmaceutical fentanyl, a 30% increase over 2019. In March 2021, an estimated 53 individuals died from drug overdoses; 30 of these drug deaths are confirmed and 23 are suspected. In April 2021, an estimated 48 individuals died from drug overdoses; 10 of these drug deaths are confirmed and 38 are suspected. Of the drug deaths in 2021 through the April monthly report, 76% were due to non-pharmaceutical fentanyl.

In response to the report, Attorney General Aaron M. Frey said, "it is important to recognize and mourn those who have died, and we must consider the data behind these deaths, particularly as it relates to prevalence of fentanyl in overdoses. The pandemic has impacted efforts and contributed to these nationwide trends, but more work needs to be done to fully understand the impact of the pandemic on drug overdose deaths. We must act with continued urgency to ensure that all appropriate systems are directing those caught up in the epidemic to resources that will assist in rehabilitation."

Frey continued, "no single intervention will solve this crisis. I am hopeful that initiatives underway in the Mills Administration, such as the MaineMOM Initiative highlighted in the March 2021 report, will lead to positive outcomes. It is incumbent on leaders from all across Maine to come to the table to pursue solutions which will save lives."

Attorney General Frey also highlighted the passage of a bill signed into law by Governor Mills yesterday which establishes the Accidental Overdose Death Review Panel in the OAG. The panel, which is modeled from others which examine tragic incidents in the state, would play a constructive role in bringing stakeholders together to examine specific cases, identify what is working, and make recommendations for what may be done to prevent accidental overdoses from occurring.

The reports from Dr. Sorg are attached.

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Supporting documents

2020 Drug Death Report (PDF)

April 2021 Drug Death Report (PDF)

Mar 2021 Drug Death Report (PDF)

Attorney General lauds signing of Senator Vitelli bill to help Mainers save for retirement

June 24, 2021

AUGUSTA - Attorney General Aaron M. Frey lauded the passage and signing of a bill to create the Maine Retirement Savings Program. The bill, LD 1622, was sponsored by Senate Majority Leader Eloise Vitelli and will receive initial funding from settlement funds obtained by the Office of the Attorney General (OAG). It will create a private-public partnership to enable Maine workers who do not have retirement savings plans through their employer to contribute to a Roth IRA.

"I am pleased to assist in the genesis of this important program with one-time funds which will have a life-long positive impact on Mainers for years after the money is spent," said Frey. "I applaud Leader Vitelli for sponsoring this initiative and working tirelessly to shepherd it into law."

Under the terms of the legislation, the OAG will transfer $1.6 million from funds received pursuant to the multistate settlement agreement in The Matter of Moody's Corporation, Moody's Investors Services, Inc. and Moody's Analytics, Inc. signed February 3, 2017 to the Maine Retirement Savings Program Enterprise Fund established in the Maine Revised Statutes, Title 5, section 178.

LD 1622 was signed into law by Governor Mills today. It provides for Maine workers to begin making contributions to the program by April 2023.

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AG Frey and Secretary Bellows reaction to further gutting of Voting Rights Act

July 1, 2021

AUGUSTA - Today, the Supreme Court delivered a blow to voting rights in their opinion on Brnovich v. Democratic National Committee, consolidated with Arizona Republican Party v. Democratic National Committee.

Both cases involve challenges to two Arizona laws that make it difficult for eligible voters, particularly communities of color, to cast their ballot, perpetuating racial discrimination, which is contrary to the Voting Rights Act. The two laws in question deal with not counting provisional ballots cast outside of the voter's designated precinct and limiting who may handle another persons completed ballot.

In a 6-3 decision, the Court held neither law violated Section 2 of the Voting Rights Act.

"This is a devastating decision from the Supreme Court, undermining the promise of equal access for all voters to the ballot box," said Secretary of State Shenna Bellows. "Voting discrimination can and does exist even when the implementing law or policy appears neutral on its face. As the chief elections officer in Maine, I remain committed to ensuring that no eligible Mainer is discriminated against or disproportionately harmed in the elections process."

"Democracy does not work when there are real-world obstacles - not having a vehicle, limited mail services in some rural communities, health issues, lack of childcare - that impede an individuals ability to equally participate in the electoral process," said Deputy Secretary of State Policy Advisor Joann Bautista. "Here in Maine, we will continue to work to combat disenfranchisement and voter suppression."

"Amendments to and case law regarding the Voter Rights Act have made it clear that Congress and the judiciary intend for the Act to be used a defense against voter discrimination," said Attorney General Aaron M. Frey. "I joined an amicus brief with several attorneys general making clear that we agreed with the Ninth Circuits decision recognizing that even seemingly neutral election laws can result in the denial or abridgment of the right to vote on account of race, in violation of the Voting Rights Act. The Supreme Courts decision today moves away from that intent."

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AG Frey announces resolution with Purdue Pharma and the Sackler Family for their role in the opioid crisis

July 8, 2021

AUGUSTA - Attorney General Aaron M. Frey today announced a resolution of his lawsuit against the Sackler family and their company, Purdue Pharma, that will make public tens of millions of documents related to their role in the opioid crisis, and require a payment of more than $4.3 billion for prevention, treatment and recovery efforts in communities across the country.

The resolution of the lawsuit, which was filed in bankruptcy court on Wednesday night and is subject to approval, requires unprecedented disclosure about the role Purdue and the Sacklers played in the opioid crisis. It requires Purdue and the Sacklers to make public more than 30 million documents, including attorney-client privileged communications about the original FDA approval of OxyContin and tactics to promote opioids. It also requires the Sacklers to make one of the largest payments that individuals have paid to resolve a law enforcement action in U.S. history.

"No amount of money can undo the damage Purdue and the Sacklers have done to millions of families across Maine and the country," said Frey. "But the public disclosure required of Purdue in this agreement is important for understanding how the opioid crisis developed, and the money states are receiving for abatement is crucial for investing in prevention, treatment, and recovery efforts."

Under the terms of the resolution, Purdue will turn over for public disclosure the evidence from lawsuits and investigations of Purdue over the past 20 years, including deposition transcripts, deposition videos, and 13 million documents. Purdue will also be required to turn over more than 20 million additional documents, including every non-privileged email at Purdue that was sent or received by every member of the Sackler family who sat on the Board or worked at the company. Lastly, Purdue will waive its attorney-client privilege to reveal confidential communications with its lawyers about tactics for pushing opioids, FDA approval of OxyContin, "pill mill" doctors and pharmacies diverting drugs, and about the billions of dollars Purdue paid out to the Sacklers.

The Sacklers will pay $4.325 billion over the next nine years. While exact funding distributions have not yet been determined, it is estimated that Maine will receive approximately $20 million toward abatement over that time period. Thousands of individual victims of Purdue's misconduct will also receive compensation as part of the bankruptcy process.

Under the terms of the plan, the Sacklers will be permanently banned from the opioid business and Purdue will be sold or wound down by the end of 2024.

The resolution also requires the Sacklers to relinquish control of family foundations holding $175 million in assets to the trustees of a foundation dedicated to abating the opioid crisis. Further, the Sackler family will be prohibited from requesting or permitting any new naming rights in connection with charitable or similar donations or organizations for the next nine years.

The summary of the resolution is attached.

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Supporting documents

Mediator Report

AG Frey urges continued action at Governor's Opioid Summit

July 15, 2021

BREWER - Attorney General Aaron M. Frey participated in Governor Janet Mills's third Opioid Summit today, speaking live from the Bangor Area Recovery Network (BARN) center in Brewer. The attorney generals remarks focused on efforts to prevent overdose deaths, to disrupt the flow of fentanyl into Maine, and to expand access to treatment.

"As attorney general, I see the impact of the continued impact of the opioid epidemic on families, communities, and our state," said Frey. "I am grateful that the administration has continued to make this crisis a top priority and marshalled the resources of every corner of our state government in working to save lives and abate the crisis. I am particularly encouraged by the recent creation of the Accidental Overdose Death Review Panel, which will examine systems and practices with the goal of saving lives."

Attorney General Frey's remarks were preceded by a message from U.S. Health and Human Services Secretary Xavier Becerra, who worked with Frey when he was attorney general of California. Attorney General Frey praised Becerra's work to protect the Affordable Care Act, under which greater substance use disorder treatment access is provided.

Attorney General Frey also urged participants to visit www.mainedrugdata.org, which houses the monthly overdose death data published by the Office of the Attorney General and includes other important information about the states efforts to abate the crisis.

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AG Frey lauds court decision upholding Maine law to protect community-run television stations

August 3, 2021

AUGUSTA - The United States Court of Appeals for the First Circuit upheld a Maine law protecting community-run television stations today. The law was defended in court by the Office of the Attorney General, and the order is attached. In response to the ruling Attorney General Aaron M. Frey released the following statement:

"Community-run television stations provide vital public, educational and governmental programming. They allow Mainers to observe local government proceedings, view school sports and community events, and receive important news and public health and safety information. Unfortunately, cable television operators recently started to make it nearly impossible to find and watch these stations. Maine's legislature responded by enacting a law requiring cable operators to treat community-run television stations the same as the other stations they offer by, for example, including them in their programming guides, showing them in high definition, and not relegating them to the 'digital Siberia' of the 1300 channel range where few viewers venture."

"We are pleased that today, the United States Court of Appeals for the First Circuit rejected every one of the cable television industrys legal arguments and upheld all aspects of the Maine law, including the provision mandating that franchise agreements require cable operators to make service available to areas where there are at least fifteen residences per mile. Community-run television stations are a priceless public resource, and the courts ruling will go far in ensuring their continuing vitality by protecting against marginalization by cable television operators."

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Supporting documents

NCTA v. Frey Circuit Court Decision

AUGUSTA - Maine Attorney General Aaron M. Frey and Secretary of State Shenna Bellows are warning Maine business, non-profit, and government organizations of a scam which warning that an entity's trademark is about to expire and requesting a renewal fee.

In this scenario, organizations receive a notice which purports to come from an entity that sounds like a government agency, such as the "Patent and Trademark Office." The notices may include accurate information about the trademark, such as its registration number and expiration date. The notices often request payment for renewal or offer to record the owners trademark in a private registry (which does not exist in the United States)-for a monetary payment. These notices are often scams, according to the United States Patent and Trademark Office (USPTO).

"When you receive a notice warning that a trademark is about to expire, always verify where it comes from before you send money," said Frey. "When in doubt, check with the USPTO to hear from the source about the status of your trademark and the steps you need to take."

"It is a sad truth these days that unscrupulous actors are getting very creative in the ways they seek to scam people, businesses, or other organizations out of money," said Bellows. "While they try to use false urgency to get you to act, make sure to pause and always think twice before sending money to anyone. Your best defense is to take the time to verify that the notice, email, or text youve received is legitimate before you act on their threat."

The USPTO has also warned that some notices come from private companies offering services related to trademark registration. Many of these notices are lawful, but misleading. Consumers and organizations are under no obligation to use these companies in order to work with the USPTO.

Other useful tips include:

  • All official correspondence about your trademark application or registration will be from the "United States Patent and Trademark Office" in Alexandria, Virginia, and all emails will be from the domain "@uspto.gov."

  • Applicants and registrants can check on the status of their application or registration by checking the USPTO database. More information here: https://www.uspto.gov/trademarks/maintain/checking-status-application-or-registration

Mainers concerned that they may have received a scam notice or have sent funds as a result of one should contact the Office of the Attorney General at (207) 626-8849 or Consumer.Mediation@maine.gov.

Attorney General and Secretary of State warn Maine organizations of trademark scam

August 6, 2021

AUGUSTA - Maine Attorney General Aaron M. Frey and Secretary of State Shenna Bellows are warning Maine business, non-profit, and government organizations of a scam warning that an entity's trademark is about to expire and requesting a renewal fee.

In this scenario, organizations receive a notice which purports to come from an entity that sounds like a government agency, such as the "Patent and Trademark Office." The notices may include accurate information about the trademark, such as its registration number and expiration date. The notices often request payment for renewal or offer to record the owners trademark in a private registry (which does not exist in the United States)-for a monetary payment. These notices are often scams, according to the United States Patent and Trademark Office (USPTO).

"When you receive a notice warning that a trademark is about to expire, always verify where it comes from before you send money," said Frey. "When in doubt, check with the USPTO to hear from the source about the status of your trademark and the steps you need to take."

"It is a sad truth these days that unscrupulous actors are getting very creative in the ways they seek to scam people, businesses, or other organizations out of money," said Bellows. "While they try to use false urgency to get you to act, make sure to pause and always think twice before sending money to anyone. Your best defense is to take the time to verify that the notice, email, or text youve received is legitimate before you act on their threat."

The USPTO has also warned that some notices come from private companies offering services related to trademark registration. Many of these notices are lawful, but misleading. Consumers and organizations are under no obligation to use these companies in order to work with the USPTO.

Other useful tips include:

  • All official correspondence about your trademark application or registration will be from the United States Patent and Trademark Office in Alexandria, Virginia, and all emails will be from the domain "@uspto.gov."

  • Applicants and registrants can check on the status of their application or registration by checking the USPTO database. More information here: https://www.uspto.gov/trademarks/maintain/checking-status-application-or-registration

Mainers concerned that they may have received a scam notice or have sent funds as a result of one should contact the Office of the Attorney General at (207) 626-8849 or Consumer.Mediation@maine.gov.

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AG Frey files amicus brief opposing anti-abortion regulations in South Carolina

September 8, 2021

AUGUSTA - Attorney General Aaron M. Frey is joining a coalition of 21 attorneys general led by Virginia Attorney General Mark Herring in filing an amicus brief in Planned Parenthood South Atlantic v. Wilson arguing that South Carolina's "fetal heartbeat" abortion regulations harm womens healthcare as a whole and a lower courts ruling blocking the law should be upheld. Additionally, the coalition also argues that the collective impact of numerous states across the country enacting restrictive abortion laws, or eliminating access to abortions, harms healthcare nationwide.

"Reproductive health care is under attack across the country with numerous states including South Carolina taking steps to make abortion care nearly impossible to access safely," said Frey. "These state laws do not only create an unconscionable barrier to accessing a safe and legal abortion, they make it more difficult for providers and patients to treat other health care needs, both reproductive and otherwise. As attorney general, I will fight hard for reproductive justice both here in Maine and beyond."

In February 2021, South Carolina passed the South Carolina Fetal Heartbeat and Protection from Abortion Act that prohibits abortions upon the detection of an embryonic or fetal heartbeat, effectively banning abortion after six weeks. Immediately following the passage of the Act, Planned Parenthood South Atlantic filed suit seeking a temporary injunction, which the federal district court granted.

In their amicus brief, the coalition argues that access to safe and legal abortion is an essential component of womens healthcare and restrictive abortion laws, like the South Carolina Fetal Heartbeat and Protection from Abortion Act, lead to worse health outcomes for women. The coalition also argues that laws banning abortion after the detection of a fetal heartbeat have harmful spillover effects on miscarriage treatment and other healthcare needs.

Additionally, Attorney General Frey and his colleagues argue that the restrictions the Act places on women could also threaten residents of neighboring states as well as those states healthcare systems, explaining, "South Carolinas restrictive abortion laws will cause its citizens to seek abortion care in [neighboring states], potentially straining their healthcare systems." The coalition further says, "[g]iven that numerous states across the country have enacted similarly restrictive or more restrictive legislation than South Carolinas Act...[and] [i]f access to safe and lawful abortions were banned in large geographic portions of the country, it would create vast "abortion deserts" in which access to abortion care may be unobtainable for many people due to the obstacles created by the sheer distance from lawful abortion care."

Joining Attorneys General Frey and Herring in filing todays amicus brief are the attorneys general of California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

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Supporting documents

Planned Parenthood v. Wilson Amicus Brief

Attorney General Frey Joins Coalition Calling On Congress to Prioritize Funding for Programs to Address the Climate Crisis, Environmental Injustice

September 14, 2021

Coalition Urges Inclusion of Clean Energy, Air, Water, and Climate Change Initiatives in Reconciliation Bill

AUGUSTA - Attorney General Aaron M. Frey today joined a coalition of 20 state attorneys general in urging Congress to respond to the climate crisis and advance environmental justice by funding critical programs in budget reconciliation legislation. In a letter to Democratic Congressional leaders, the coalition, led by New York Attorney General Letitia James, calls on Congress to pass infrastructure legislation and to allocate funding in the upcoming reconciliation bill that addresses the rapid transition to a clean energy economy, climate change, and the environmental injustices faced by low-income communities, communities of color, and Tribal and indigenous communities. The coalition urges Congress to fund actions that will substantially cut greenhouse gases-thereby preventing more dire climate change harmsand confront longstanding environmental injustice.

"Climate change is the most important issue facing our planet, and we are already feeling the impact on Maine," said Frey. "For example, in our state, we have seen the effects that warming waters have had on our fisheries, and nationally, we are bearing witness to the damage caused by increased incidence of severe weather and wildfires. It is crucial that the upcoming budget bill in Congress make necessary investments to cut greenhouse gasses, strengthen our resilience to the impacts of climate change, and correct longstanding injustices in how climate change has impacted marginalized and underserved communities."

All Americans deserve an equal right to clean air, clean water, and a safe and healthy environment. However, low-income communities, communities of color, and Tribal and indigenous communities are too often denied these rights, enduring disproportionate burdens of pollution, climate change, or other serious health and environmental harms. Those harms are only becoming more severe, as witnessed by the catastrophic storms and wildfires experienced this summer. The coalition argues that Congress should address the climate emergency by prioritizing investment in the following specific areas that while broadly beneficial to improving the lives of all Americans are critical steps in ending the legacy of inequity that afflicts marginalized and underserved communities:

  • Ensure substantial additional funding to reduce climate change pollution at its source and foster climate resilience;
  • Improve critical quality water and drinking water services, including providing adequate funding to ensure that all lead service lines are replaced;
  • Invest in air quality monitoring in at-risk communities;
  • Address methane pollution;
  • Increase access to and investment in clean energy, including enacting the proposed Clean Energy Payment Program;
  • Fund energy efficiency programs for schools and affordable housing;
  • Accelerate the electrification of transportation and goods movement; and
  • Support programs that advance workforce development and pollution reduction and improve the health of our communities.

Additionally, the coalition contends that in order for the Biden Administration to deliver on its Justice40 promise, Congress must ensure that 40 percent of improvements funded by the budget reconciliation bill benefit disadvantaged communities.

Joining Attorney General Frey in sending today's letter are the attorneys general of New York, California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.

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Supporting documents

Letter to Congress

AG Frey Joins Coalition in Support of DOJ's Lawsuit Against Texas Abortion Ban

September 15, 2021

Amicus Brief Filed in Federal District Court Rejects Texas Law Banning Abortions After Six Weeks

AUGUSTA - Attorney General Aaron M. Frey today joined a coalition of 24 attorneys general in filing an amicus brief in support of the U.S. Department of Justice's (DOJ) challenge to Texas new unconstitutional ban on abortions after six weeks. The brief specifically supports DOJ's motion for a preliminary injunction of the law, which went into effect earlier this month.

"The unconstitutional ban on abortion care in Texas is particularly egregious," said Frey. "Banning all abortions after six weeks will lead to disastrous health outcomes for Texans. What is also galling about this ban is its delegation of authority to a vigilante-style system of private enforcement which runs counter to the Constitution and the rule of law. Implementation of this law must be blocked."

The brief, filed today in the United States District Court for the Western District of Texas, argues that by banning nearly all pre-viability abortions within Texass borders, the law, Senate Bill 8 (SB8), violates nearly 50 years of Supreme Court precedent affirming the constitutional right to terminate a pregnancy before viability. The brief further contends that the Texas legislature sought to circumvent prior Supreme Court rulings and to prevent judicial review of the law by delegating enforcement authority to private individuals instead of the government and, as such, SB 8 is an "unprecedented attack on our constitutional order" and the rule of law.

The coalition contends that the clear purpose of SB 8s private enforcement scheme is to produce an "across-the-board ban on constitutionally protected activity," and that the private enforcement mechanism does not shield Texass unconstitutional law from judicial review. The brief describes how Texas created a structure within its state court system that requires courts to provide monetary and injunctive relief to claimants who bring cases against doctors who provide abortions and those who "aid and abet" such constitutionally protected care. The coalition argues that the federal district court should not allow Texas to render the constitutionally protected rights recognized in Roe v. Wade legally void through the laws transparent scheme.

Finally, the brief argues that it is essential for the federal district court to grant a preliminary injunction of the law to stop the irreparable harm that SB 8 is inflicting on people in Texas and across the country including the amici states. Forcing a patient to carry an unwanted pregnancy to term, the brief argues, will lead to negative health and socioeconomic consequences, including placing people who are forced to carry a pregnancy to term at greater risk of life-threatening illnesses and harming their ability to maintain full-time employment.

The brief describes how the law is already significantly impacting abortion provider clinics in Texas and beyond, including in amici states. Clinics in nearby states are already reporting a rise in calls from Texas patients seeking abortions, and one day after the law went into effect, all abortion clinics in New Mexico were reportedly booked for weeks. This rise in abortion caseloads in other states from Texas patients and the increase in needed travel for patients could result in many people especially low-income people being unable to receive the care they need. The law also threatens the many people who help patients in Texas obtain access to an abortion by creating a more than $10,000 potential liability for anyone who so much as gives a patient a ride to an abortion provider or otherwise "aids or abets" an abortion. The amici states, the brief explains, are committed to shielding their residents and clinicians from these harms when they help a patient in Texas obtain constitutionally protected care.

Todays brief was led by Massachusetts Attorney General Maura Healey. In addition to Attorney General Frey, it was joined by the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin.

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Supporting documents

Amicus Brief

Attorney General files civil rights complaint in response to Bangor vandalism

September 17, 2021

AUGUSTA - Attorney General Aaron M. Frey announced today that he has filed a complaint under the Maine Civil Rights Act in the Penobscot County Superior Court against Amira Ventucci and Kendra Henderson, both age 15, of Bangor, Maine. The Complaint alleges that on the night of August 20, 2021, Ventucci and Henderson spray-painted racial epithets and threats on the personal vehicle of Tahmoor Khan of Bangor, based on their bias against his race or color. The Complaint requests an order prohibiting Ventucci and Henderson from having any contact with Tahmoor Khan and from violating the Maine Civil Rights Act in the future.

Frey said, "It is unconscionable when we learn that an individual is subjected to threats of violence or property damage based on the color of their skin. The egregious racist messages on the vehicle victimize not only the property owner, but all people of color in the Bangor community and across the state."

The Maine Civil Rights Act authorizes the Attorney General to bring an action against any person who uses physical force or violence, the threat of physical force or violence, property damage or the threat of property damage against another person motivated by bias against the other person's race, color, religion, sex, ancestry, national origin, physical or mental disability or sexual orientation. A knowing violation of an order issued under the Civil Rights Act is a Class D crime punishable by up to 364 days in jail and a $2,000 fine.

The complaint is attached.

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Supporting documents

Complaint

AG solicits proposals to assist state with legal claims related to PFAS and PCBs

AUGUSTA - The Office of the Attorney General (OAG) is soliciting proposals from qualified law firms to assist the State of Maine with potential legal claims involving polychlorinated biphenyls (PCBs) and per- and poly-fluoroalkyl substances (PFAS) in Maine. PCBs and PFAS are both groups of persistent, man-made chemicals that have been used in a wide variety of industrial and commercial applications and have been detected in environmental samples across Maine.

"There is strong evidence that these chemicals are harmful and threaten Mainers' health and well-being," said Attorney General Aaron M. Frey. "It is important to hold manufacturers of these chemicals accountable for contamination they are responsible for. This is an important first step in that process."

Governor Janet Mills and her administration strongly support efforts to hold manufacturers of these chemicals responsible for damages in Maine.

PCBs were commercially manufactured in the United States from 1929 until production was banned in 1979, and are still found in products manufactured before 1979, such as window caulking, floor finishes, thermal insulation, and electrical equipment. PCBs do not readily break down in the environment and can be taken up by plants such as food crops and bioaccumulate in the food chain. PCBs have been found in fish throughout Maine and at levels high enough to warrant consumption limits for some rivers and streams.

PFAS have been manufactured for use in a wide variety of products since the 1940s, including nonstick cookware, firefighting foam, and textiles. Like PCBs, PFAS persist in the environment and can be taken up by food crops. Although information on the effects of PFAS on human health and the extent of PFAS contamination in Maine continues to emerge, many Maine families and businesses have already been impacted by PFAS discovered in groundwater and soil. In 2020, Governor Millss PFAS Task Force recommended accelerated PFAS sampling and that the Attorney General consider legal options to address PFAS contamination by responsible parties. Over the next two years, the Maine Department of Environmental Protection (DEP) plans to sample approximately 700 additional locations, and in January 2023 will begin receiving reports of PFAS use in products sold in Maine pursuant to a new Maine law.

The DEP and the Department of Agriculture, Conservation and Forestry (DACF) are fully committed to working with and supporting the Attorney Generals office and its efforts to pursue legal claims involving PCBs and PFAS on behalf of the State. This solicitation for potential legal services is an important step by the Attorney General and the Mills Administration to leverage the PCB and PFAS information already gathered by the State to address these serious public health concerns and hold those responsible accountable.

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Supporting documents

PFAS Notice

PCBs Notice

AG solicits proposals to assist state with legal claims related to PFAS and PCBs

September 20, 2021

AUGUSTA - The Office of the Attorney General (OAG) is soliciting proposals from qualified law firms to assist the State of Maine with potential legal claims involving polychlorinated biphenyls (PCBs) and per- and poly-fluoroalkyl substances (PFAS) in Maine. PCBs and PFAS are both groups of persistent, man-made chemicals that have been used in a wide variety of industrial and commercial applications and have been detected in environmental samples across Maine.

"There is strong evidence that these chemicals are harmful and threaten Mainers' health and well-being," said Attorney General Aaron M. Frey. "It is important to hold manufacturers of these chemicals accountable for contamination they are responsible for. This is an important first step in that process."

Governor Janet Mills and her administration strongly support efforts to hold manufacturers of these chemicals responsible for damages in Maine.

PCBs were commercially manufactured in the United States from 1929 until production was banned in 1979, and are still found in products manufactured before 1979, such as window caulking, floor finishes, thermal insulation, and electrical equipment. PCBs do not readily break down in the environment and can be taken up by plants such as food crops and bioaccumulate in the food chain. PCBs have been found in fish throughout Maine and at levels high enough to warrant consumption limits for some rivers and streams.

PFAS have been manufactured for use in a wide variety of products since the 1940s, including nonstick cookware, firefighting foam, and textiles. Like PCBs, PFAS persist in the environment and can be taken up by food crops. Although information on the effects of PFAS on human health and the extent of PFAS contamination in Maine continues to emerge, many Maine families and businesses have already been impacted by PFAS discovered in groundwater and soil. In 2020, Governor Mills's PFAS Task Force recommended accelerated PFAS sampling and that the Attorney General consider legal options to address PFAS contamination by responsible parties. Over the next two years, the Maine Department of Environmental Protection (DEP) plans to sample approximately 700 additional locations, and in January 2023 will begin receiving reports of PFAS use in products sold in Maine pursuant to a new Maine law.

The DEP and the Department of Agriculture, Conservation and Forestry (DACF) are fully committed to working with and supporting the Attorney Generals office and its efforts to pursue legal claims involving PCBs and PFAS on behalf of the State. This solicitation for potential legal services is an important step by the Attorney General and the Mills Administration to leverage the PCB and PFAS information already gathered by the State to address these serious public health concerns and hold those responsible accountable.

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Supporting documents

PFAS Notice

PCBs Notice

Attorney General Frey Joins Multistate Coalition in Urging Department of Education to Fix Broken Public Service Loan Forgiveness Program

To date, the Department of Education has denied nearly all PSLF/TEPSLF applications

AUGUSTA - Attorney General Aaron M. Frey today joined a coalition of 21 attorneys general in urging the U.S. Department of Education (ED) to take robust action to fix the broken Public Service Loan Forgiveness (PSLF) program. Since borrowers first became eligible for relief in 2017, almost all PSLF applications have been rejected, leaving millions of public servants in the lurch. These teachers, nurses, public interest attorneys, social workers, first responders, servicemembers, and others incurred significant student loan debt in order to gain the skills necessary to educate, heal, and protect our communities under the promise that a portion of these loans would eventually be forgiven. In today's letter, the coalition applauds EDs commitment to improving implementation of the PSLF program and urges ED to act quickly to fix the failures in the programs administration.

"States with aging workforces like Maine have an acute need for new workers to pursue careers in public service," said Frey. "The Public Service Loan Forgiveness Program was a promise to borrowers that they would receive loan relief if they pursued this path. It is far past time for the U.S. Department of Education to honor this promise."

A bipartisan Congress created the PSLF program in 2007 to encourage student loan borrowers to enter public service jobs in return for forgiving the remaining balance of their federal student loans after ten years of on-time loan payments. When the first wave of borrowers applied for loan forgiveness in 2017, ED denied applicants at the alarming rate of 99 percent. In 2018, a bipartisan Congress gave ED a second chance to deliver on PSLFs critical promise by creating the Temporary Expanded Public Service Loan Forgiveness (TEPSLF) program. Despite this emergency fix, relief continues to be out of reach for nearly all who apply. To date, ED has denied 96% of TEPSLF applications.

Drastic action by ED is required to make the promise of PSLF forgiveness a reality for the nations dedicated public servants. State attorneys general have a unique perspective on how to improve administration of PSLF/TEPSLF resulting from their experience investigating and holding student loan servicers accountable for violating the law, including misadministration of the PSLF/TEPSLF program. In todays comment letter, the attorneys general urge ED to: Provide immediate relief to borrowers who have been harmed by the misadministration of the PSLF/TEPSLF program; Improve servicer oversight and accountability by carefully selecting a new servicer that will be responsive to borrowers and creating new incentives and operating procedures that put borrowers first; Extend the pause on payments on student loans that started in response to the COVID-19 pandemic; Conduct broad outreach to all borrowers potentially interested in forgiveness, including those who have yet to apply and those who have already received denials; and Affirmatively correct errors discovered for all affected borrowers.

Attorney General Frey is joined by the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Vermont, Virginia, Washington, and the District of Columbia in filing the letter.

A copy of the comment letter is attached.

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Supporting documents

Comment Letter

Attorney General Frey Joins Multistate Coalition in Urging Department of Education to Fix Broken Public Service Loan Forgiveness Program

September 24, 2021

To date, the Department of Education has denied nearly all PSLF/TEPSLF applications

AUGUSTA - Attorney General Aaron M. Frey today joined a coalition of 21 attorneys general in urging the U.S. Department of Education (ED) to take robust action to fix the broken Public Service Loan Forgiveness (PSLF) program. Since borrowers first became eligible for relief in 2017, almost all PSLF applications have been rejected, leaving millions of public servants in the lurch. These teachers, nurses, public interest attorneys, social workers, first responders, servicemembers, and others incurred significant student loan debt in order to gain the skills necessary to educate, heal, and protect our communities under the promise that a portion of these loans would eventually be forgiven. In today's letter, the coalition applauds EDs commitment to improving implementation of the PSLF program and urges ED to act quickly to fix the failures in the programs administration.

"States with aging workforces like Maine have an acute need for new workers to pursue careers in public service," said Frey. "The Public Service Loan Forgiveness Program was a promise to borrowers that they would receive loan relief if they pursued this path. It is far past time for the U.S. Department of Education to honor this promise."

A bipartisan Congress created the PSLF program in 2007 to encourage student loan borrowers to enter public service jobs in return for forgiving the remaining balance of their federal student loans after ten years of on-time loan payments. When the first wave of borrowers applied for loan forgiveness in 2017, ED denied applicants at the alarming rate of 99 percent. In 2018, a bipartisan Congress gave ED a second chance to deliver on PSLFs critical promise by creating the Temporary Expanded Public Service Loan Forgiveness (TEPSLF) program. Despite this emergency fix, relief continues to be out of reach for nearly all who apply. To date, ED has denied 96% of TEPSLF applications.

Drastic action by ED is required to make the promise of PSLF forgiveness a reality for the nations dedicated public servants. State attorneys general have a unique perspective on how to improve administration of PSLF/TEPSLF resulting from their experience investigating and holding student loan servicers accountable for violating the law, including misadministration of the PSLF/TEPSLF program. In todays comment letter, the attorneys general urge ED to:

  • Provide immediate relief to borrowers who have been harmed by the misadministration of the PSLF/TEPSLF program;
  • Improve servicer oversight and accountability by carefully selecting a new servicer that will be responsive to borrowers and creating new incentives and operating procedures that put borrowers first;
  • Extend the pause on payments on student loans that started in response to the COVID-19 pandemic;
  • Conduct broad outreach to all borrowers potentially interested in forgiveness, including those who have yet to apply and those who have already received denials; and
  • Affirmatively correct errors discovered for all affected borrowers.

Attorney General Frey is joined by the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Vermont, Virginia, Washington, and the District of Columbia in filing the letter.

A copy of the comment letter is attached.

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Supporting documents

Comment Letter

Report of the Attorney General on the Use of Deadly Force by State Police on May 21, 2019 in Auburn

September 29, 2021

Supporting documents

Auburn Investigation Letter

Report of the Attorney General on the Use of Deadly Force by State Police in Hiram on April 25, 2020

October 8, 2021

Supporting documents

Hiram Investigation Letter

Report of the Attorney General on the Use of Deadly Force by Lincoln County Deputy Sheriff on December 18, 2020 in Jefferson

October 15, 2021

Supporting documents

Investigation Report

AG Frey Urges U.S. Supreme Court to Halt Unconstitutional Texas Abortion Ban

Joins Multistate Amicus Brief Asking the Court to Vacate Fifth Circuit's Stay of a District Court Order Blocking Enforcement of S.B. 8

AUGUSTA - Today, Attorney General Aaron M. Frey joined a coalition of 24 attorneys general in urging the United States Supreme Court to stop Texas unconstitutional six-week abortion ban, Senate Bill 8 (S.B. 8), by vacating the Fifth Circuit Court of Appeals stay of a District Court order blocking the ban from going into effect.

The amicus brief, filed with the Supreme Court in the case of United States of America v. State of Texas et al., supports a challenge by the U.S. Department of Justice (DOJ) and calls on the Court not to allow Texas to openly disregard nearly a half century of precedent by keeping this unconstitutional, across-the-board ban in place within its borders.

"The Texas abortion ban is both an extreme attack on Americans' reproductive health care and a disturbing attempt to subvert judicial review by creating a vigilante-style system for enforcement," said Frey. "I urge the Supreme Court to follow decades of precedent and strike it down."

According to the brief, S.B. 8 not only imposes a ban on almost all abortions in Texas in open disregard of the Supreme Courts precedent, but also attempts to thwart judicial review and insulate Texas from accountability by purporting to create only a private enforcement scheme. Texas created a structure within its state court system that requires courts to award at least $10,000 as well as injunctive relief to claimants who bring cases against providers and those who "aid or abet" such constitutionally protected care. As such, the law threatens potential liability for anyone who so much as gives a patient a ride to an abortion provider.

In accordance with the ban, providers in Texas have largely stopped providing abortion care to their patients. This has affected not only patients in Texas, but clinics and patients in states like California, Colorado, Illinois, Kansas, Nevada, and Oklahoma. In New Mexico, in particular, an influx of patients from Texas has already strained provider resources and made it more difficult for New Mexico residents to receive timely care.

"Most patients now must travel out of state, which makes abortion for many people too difficult, too time-intensive, and too costly," the brief states. "Consequently, many will now be forced to carry unwanted pregnancies to term, resulting in negative health and socioeconomic consequences for both them and their children. And the harms caused by S.B. 8 are rippling well beyond Texas into other states, as people are forced to seek care elsewhere, in many places overwhelming capacity and threatening our own residents access to care."

The brief urges the Supreme Court to stop S.B. 8 from inflicting further irreparable harm. It cites back to past examples from our Nations history, particularly related to some states resistance to desegregation, in arguing that the Court should not permit states to violate constitutional rights through state laws ostensibly enforced only by private parties. The Court "should not permit Texas to 'nullif[y] indirectly' the constitutional rights recognized in Roe and Casey through the 'evasive scheme that it has created in S.B. 8," the brief argues.

Joining todays brief, led by Massachusetts Attorney General Maura Healey, are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.

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Supporting documents

Amicus Brief

AG Frey Urges U.S. Supreme Court to Halt Unconstitutional Texas Abortion Ban

October 18, 2021

Joins Multistate Amicus Brief Asking the Court to Vacate Fifth Circuit's Stay of a District Court Order Blocking Enforcement of S.B. 8

AUGUSTA - Today, Attorney General Aaron M. Frey joined a coalition of 24 attorneys general in urging the United States Supreme Court to stop Texas unconstitutional six-week abortion ban, Senate Bill 8 (S.B. 8), by vacating the Fifth Circuit Court of Appeals stay of a District Court order blocking the ban from going into effect.

The amicus brief, filed with the Supreme Court in the case of United States of America v. State of Texas et al., supports a challenge by the U.S. Department of Justice (DOJ) and calls on the Court not to allow Texas to openly disregard nearly a half century of precedent by keeping this unconstitutional, across-the-board ban in place within its borders.

"The Texas abortion ban is both an extreme attack on Americans reproductive health care and a disturbing attempt to subvert judicial review by creating a vigilante-style system for enforcement," said Frey. "I urge the Supreme Court to follow decades of precedent and strike it down."

According to the brief, S.B. 8 not only imposes a ban on almost all abortions in Texas in open disregard of the Supreme Courts precedent, but also attempts to thwart judicial review and insulate Texas from accountability by purporting to create only a private enforcement scheme. Texas created a structure within its state court system that requires courts to award at least $10,000 as well as injunctive relief to claimants who bring cases against providers and those who "aid or abet" such constitutionally protected care. As such, the law threatens potential liability for anyone who so much as gives a patient a ride to an abortion provider.

In accordance with the ban, providers in Texas have largely stopped providing abortion care to their patients. This has affected not only patients in Texas, but clinics and patients in states like California, Colorado, Illinois, Kansas, Nevada, and Oklahoma. In New Mexico, in particular, an influx of patients from Texas has already strained provider resources and made it more difficult for New Mexico residents to receive timely care.

"Most patients now must travel out of state, which makes abortion for many people too difficult, too time-intensive, and too costly," the brief states. "Consequently, many will now be forced to carry unwanted pregnancies to term, resulting in negative health and socioeconomic consequences for both them and their children. And the harms caused by S.B. 8 are rippling well beyond Texas into other states, as people are forced to seek care elsewhere, in many places overwhelming capacity and threatening our own residents access to care."

The brief urges the Supreme Court to stop S.B. 8 from inflicting further irreparable harm. It cites back to past examples from our Nations history, particularly related to some states resistance to desegregation, in arguing that the Court should not permit states to violate constitutional rights through state laws ostensibly enforced only by private parties. The Court "should not permit Texas to 'nullif[y] indirectly' the constitutional rights recognized in Roe and Casey through the 'evasive scheme' that it has created in S.B. 8," the brief argues.

Joining todays brief, led by Massachusetts Attorney General Maura Healey, are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.

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Supporting documents

Amicus Brief

Report of the Attorney General on the Use of Deadly Force by Gorham Police Officer on May 31, 2019

October 25, 2021

Supporting documents

Gorham Investigation Letter

Civil Rights Team Project Celebrates 25 Years Supporting Maine School Communities

November 4, 2021

Teams across Maine holding Day of Welcome

AUGUSTA - The Civil Rights Team Project, which is housed in the Office of the Attorney General, is celebrating its 25th anniversary of working to support students and school communities by holding a Day of Welcome on Friday, November 5. On the Day of Welcome, Civil Rights Teams in schools across Maine will engage in a variety of programs, from guest speakers to information flyers to announcements at school assemblies, designed to make students feel safe and welcome in their schools.

"For 25 years, the Civil Rights Team Project has been working with school communities to foster an environment of inclusion and respect based on their or their loved ones' identities," said Attorney General Aaron M. Frey. "I celebrate their work and congratulate them and every Civil Rights Team in the state for making their school communities a better place, and I applaud their work on this year's Day of Welcome."

Started in 1996, the program is available to all Maine schools, grades 3 and up, at no cost. There are currently 175+ schools participating. An extracurricular offering, students participate by choice and work under the guidance of at least one school-based adult advisor.

Civil rights teams, under the guidance of the Civil Rights Team Project, engage their school communities in thinking and talking about issues related to race and skin color, national origin and ancestry, religion, disabilities, gender (including gender identity and expression), and sexual orientation. The action plan is one of the many supports the office provides to civil rights teams and participating schools.

Anyone interested in starting a civil rights team in their school should visit the Civil Rights Team Project website: www.maine.gov/ag/civil_rights.

Media outlets interested in covering specific Days of Welcome should contact Marc Malon at marc.malon@maine.gov.

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Northport Caterer Sentenced for Theft of Sales and Related Tax Crimes Will Serve 150 Day Jail Sentence

November 29, 2021

AUGUSTA - Attorney General Aaron M. Frey announced today that James Toennis, 64, of Northport, Maine, has been sentenced to serve 150 days in jail for Theft by Misapplication of Sales Tax, Failure to Truthfully Collect, Account for and Pay Over Sales Tax, and Failure to Register as a Seller.

From May 2007 through October 2015, Toennis collected tax on sales made through his catering business, Coastal Maine Critters Clambakes, but kept the money for his own personal and business use rather than turning it over to Maine Revenue Services. In addition, for that entire period Mr. Toennis was not registered with Maine Revenue Services as a retail seller of goods.

Maine District Court Judge Patricia G. Worth sentenced Toennis to 364 days with all but 150 days suspended and one year of administrative release. Over the course of the deferred disposition period, Toennis timely and truthfully filed Maine tax returns and paid the liability thereon, and paid $32,501 towards the total restitution of $68,335. He will pay the remaining $35,834 in multiple payments over the next few years.

"Maine depends on its business owners to collect sales tax from customers and to timely and accurately pay the collected funds to Maine Revenue Services," said Frey. "My office will continue to prosecute those who fail to comply with their obligations."

The case was investigated by the Maine Revenue Services' Criminal Investigations Unit. Assistant Attorneys General Gregg D. Bernstein and Elizabeth T. Weyl handled the matter for the Attorney Generals Criminal Division.

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Statement from Attorney General Frey in support of protecting abortion rights

December 1, 2021

AUGUSTA - Today, the United States Supreme Court heard oral arguments in Dobbs v. Jackson Women's Health Organization, which could result in the unraveling of the right of patients to obtain a safe and legal abortion currently protected under Roe v. Wade.

Maine Attorney General Aaron M. Frey released the following statement:

"Similar to the overwhelming majority of Americans, I support legal abortion. The Mississippi law banning abortions at 15 weeks is a direct threat to Roe v. Wade, and an unconstitutional attack on millions of Americans who may seek reproductive health care. If Roe v. Wade is overturned, dozens of states could move quickly to ban abortions. As long as I serve as your attorney general, I will do everything in my power to protect Mainers access to reproductive health care, which includes the right to a legal abortion."

Attorney General Frey has joined with attorneys general across the country in challenging unconstitutional abortion bans in Mississippi, Texas, and South Carolina. He also testified against legislation which would have significantly restricted abortion access in Maine.

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Statement from Attorney General Frey on Carson v. Makin oral argument

December 8, 2021

AUGUSTA - Today, the United States Supreme Court held oral arguments in Carson v. Makin, a case which considers whether it is constitutional for Maine to refuse to allow religious schools to receive taxpayer funds for the education of Maine's children. Chief Deputy Attorney General Christopher Taub and Assistant Attorney General Sarah Forster argued the case in defense of Maines public education system.

Following today's oral arguments, Maine Attorney General Aaron M. Frey issued the following statement:

"All Maine children, regardless of where they live, are entitled to a free public education. Maine law requires that children are provided a free public education, and that public education by its very nature must be inclusive of all students, regardless of the differences in their diverse backgrounds. A small number of children live in districts that do not operate a secondary school or contract with a school to provide an appropriate education. Those districts can satisfy their obligation to provide a public education by paying for the childrens tuition at a public or approved private school. Schools that require students to undergo religious instruction are excluded because the education they provide is not equivalent to a public education. Maines program has survived legal challenge on prior occasions by the Maine Law Court, the Federal District Court of Maine, and the Federal First Circuit Court of Appeals."

"Schools receiving taxpayer funds are appropriately subject to the Maine Human Rights Act (MHRA), which prohibits discrimination against individuals on the basis of several protected classes. The two religious schools that the parents in this case want to send their children to have made it clear that they are not interested in complying with the MHRA and, therefore, these schools have not even applied to the Maine Department of Education to be eligible to participate in Maines tuition program. Put differently, these schools want to continue to discriminate against individuals based on their status in a protected class and that is inconsistent with the protections afforded to all Mainers under the MHRA."

"Attorneys from my office argued strongly today that Carson v. Makin is different from other cases the Supreme Court has considered recently; and made a compelling case for the constitutionality of Maines system of public education, and for how it benefits all Mainers. It would be inappropriate if Maine taxpayers were forced to fund schools which exclude and discriminate against other Mainers, as that would erode the foundational principles of a public education that is diverse and accessible to all."

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Attorney General Aaron M. Frey Announces $1.85 Billion Settlement with Student Loan Servicer Navient

January 13, 2022

FOR IMMEDIATE RELEASE

Contact: Nicole Sacre, nicole.sacre@maine.gov

Attorney General Aaron M. Frey filed a Complaint and Consent Judgment today in Kennebec County Superior Court resolving alleged unfair and deceptive practices in connection with Navient's student loan serving business. The settlement will require court approval.

According to the attorneys general, the interest that accrued because of Navients forbearance steering practices was added to the borrowers loan balances, pushing borrowers further in debt. Had the company instead provided borrowers with the help it promised, income-driven repayment plans could have potentially reduced payments to as low as $0 per month, provided interest subsidies, and/or helped attain forgiveness of any remaining balance after 20-25 years of qualifying payments (or 10 years for borrowers qualified under the Public Service Loan Forgiveness Program).

Navient also allegedly originated predatory subprime private loans to students attending for- profit schools and colleges with low graduation rates, even though it knew that a very high percentage of such borrowers would be unable to repay the loans. Navient allegedly made these risky subprime loans as "an inducement to get schools to use Navient as a preferred lender" for highly-profitable federal and prime private loans, without regard for borrowers and their families, many of whom were knowingly ensnared in debts they could never repay.

Under the terms of the settlement, Navient will cancel the remaining balance on more than $1.6 billion in subprime private student loan balances owed by approximately 62,000 borrowers nationwide. In addition, a total of $95 million in restitution payments of about $260 each will be distributed to approximately 350,000 federal loan borrowers who were placed in certain types of long-term forbearances. Borrowers who will receive restitution or debt cancellation span all generations: Navients harmful conduct impacted everyone from students who enrolled in colleges and universities immediately after high school to mid-career students who dropped out after enrolling in a for-profit school in the early to mid-2000s.

As part of the settlement, Maine will receive a total of $308,422 in restitution payments for more than 1,157 federal loan borrowers. Additionally, Maine borrowers will receive a total of

$4,896,415 million in private loan debt cancellation.

The settlement includes conduct reforms that require Navient to explain the benefits of income- driven repayment plans and to offer to estimate income-driven payment amounts before placing borrowers into optional forbearances. Additionally, Navient must train specialists who will advise distressed borrowers concerning alternative repayment options and counsel public service workers concerning Public Service Loan Forgiveness (PSLF) and related programs. The conduct reforms imposed by the settlement include prohibitions on compensating customer service agents in a manner that incentivizes them to minimize time spent counseling borrowers.

The settlement also requires Navient to notify borrowers about the U.S. Department of Educations recently announced PSLF limited waiver opportunity, which temporarily offers millions of qualifying public service workers the chance to have previously nonqualifying repayment periods counted toward loan forgiveness-provided that they consolidate into the Direct Loan Program and file employment certifications by October 31, 2022.

As a result of todays settlement, borrowers receiving private loan debt cancellation will receive a notice from Navient, along with refunds of any payments made on the cancelled private loans after June 30, 2021. Federal loan borrowers who are eligible for a restitution payment of approximately $250 will receive a postcard in the mail from the settlement administrator later this spring.

Federal loan borrowers who qualify for relief under this settlement do not need to take any action except update or create their studentaid.gov account to ensure U.S. Department of Education has their current address. For more information, visit www.NavientAGSettlement.com.

Until recently, Navient had a contract to service federal student loans owned by the U.S. Department of Education, including a large portfolio of loans made under the Direct Loan Program and a large portfolio of loans made under the Federal Family Education Loan (FFEL) program. On October 20, 2021, the U.S. Department of Education announced the transfer of this contract from Navient to AidVantage, a division of Maximus Federal Services, Inc. However, Navient will continue to service federal student loans made under the FFEL Program that are owned by private lenders, as well as non-federal private student loans.

Todays settlement was led by Pennsylvania, Washington, Illinois, Massachusetts, and California, and was joined by attorneys general in Arizona, Arkansas, Colorado, Connecticut, the District of Columbia, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, and Wisconsin.

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Settlement includes $1.7 billion in debt cancellation and $95 million in restitution; Maine borrowers will receive over $4,896,415 million in relief

ATTORNEY GENERAL FREY FILES COMPLAINT IN CUMBERLAND COUNTY SUPERIOR COURT UNDER THE MAINE CIVIL RIGHTS ACT

January 21, 2022

FOR IMMEDIATE RELEASE Contact: Nicole Sacre, Nicole.sacre@maine.gov

Augusta-Attorney General Aaron Frey announced today that he has filed a complaint under the Maine Civil Rights Act in the Cumberland County Superior Court against William Rowe, age 61, of Freeport, Maine. The Complaint alleges that on the evening of November 30, 2021, Rowe threatened a 39-year-old black man with a gun after he observed the man dining with a white female companion at Antonia's Pizzeria in Freeport, Maine. The man was seated in his vehicle in the restaurant parking lot when Rowe confronted him with the barrel of a Smith and Wesson semi-automatic pistol visible under Rowes left arm pit. When Rowe turned away from the man, the barrel pointed in the mans direction.

According to the complaint, the man filmed Rowe on his cell phone as Rowe leaned over the mans window and said, "Something stinks. You got it?" The man calmly asked Rowe, Whats going on? Rowe continued to display the pistol and responded, Freeport, Maine, baby. We dont do this [expletive] in Freeport, Maine.

Rowe continued to confront the man, Im not quite sure whats going on here, and repeatedly asked the victim, What you doing here? The man calmly responded to each question, Im about to head out; I just had dinner; and Im leaving, my man. Rowe accused the man of being a bad, bad guy, then walked away, uttering a series of epithets.

The Complaint alleges that Rowe targeted the man based on his race or color and requests an order prohibiting Rowe from having any contact with victim and from violating the Maine Civil Rights Act in the future.

AG Frey said, Who could have imagined that in 2021 in Freeport, Maine, a black man would be threatened with violence for dining with a white woman? I am deeply concerned that such racism and intolerance persist in this State. No person should feel unsafe due to the color of his skin and the company he keeps. Such conduct demonstrates the continued need for enforcement under the Maine Civil Rights Act.

The Maine Civil Rights Act authorizes the Attorney General to bring an action against any person who uses physical force or violence, the threat of physical force or violence, property damage or the threat of property damage against another person motivated by bias against the other persons race, color, religion, sex, ancestry, national origin, physical or mental disability or sexual orientation. A knowing violation of an order issued under the Civil Rights Act is a Class D crime punishable by up to 364 days in jail and a $2,000 fine.

The Cumberland County District Attorneys Office has also filed a criminal complaint against Rowe for Criminal Threatening with a Dangerous Weapon, Threatening Display of a Weapon and Criminal Mischief. Rowes initial appearance is scheduled for February 22, 2022.

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Attorney General Aaron M. Frey Announces Resolution of All Claims Against the PR of the Estate of Robert Indiana

January 24, 2022

AUGUSTA - Attorney General Aaron M. Frey announced that he has reached a resolution of all claims against the Personal Representative of the Estate of Robert Indiana and four law firms hired by the Personal Representative. The Attorney General had sued in Knox County Probate Court alleging that the Personal Representative had paid excessive fees to himself and the law firms he hired. According to the Attorney General, the overall value of the settlement totals over $2 million, the bulk of which was paid by the firms collectively in refunds and credits.

Robert Indiana, a renowned contemporary artist best known for his stacked LOVE image, died at his home on Vinalhaven in May 2018. Since Mr. Indiana's death, his estate, administered by the Personal Representative, has been party to copyright and production rights litigation with longtime business partner Morgan Art Foundation, and another business associate, Michael McKenzie dba American Image Art. The Attorney General sued the Personal Representative in November 2020 to reduce the fees he had paid himself and his law firms related to those lawsuits, which totaled more than $6 million at that time. By the time of these settlements, the combined fees exceeded $10 million.

The Attorney General brought the claims against the Personal Representative and the law firms in his capacity as overseer of charitable assets because the sole beneficiary of the Estate, the Star of Hope Inc., is a charitable organization. "Every dollar going unnecessarily to pay lawyers and the Personal Representative was another dollar unavailable to the charity to fulfill its mission and Robert Indianas vision," said Attorney General Frey. This office is pleased our work preserved significant resources to be used for the benefit of the Star of Hope, Inc. Mr. Indiana established the nonprofit during his lifetime to restore his residence on Vinalhaven (the Star of Hope, a former Oddfellows hall located on Main Street) to be used as a museum for his collection and an art education center.

The lawsuit with Morgan Art Foundation is now over. The lawsuit with McKenzie/American Image Art is being handled by lawyers for Star of Hope Inc. We are pleased that the finalization of the Estate is on the horizon and that the Star of Hope can now focus on its future with more certainty and financial security, noted Frey.

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Attorney General Aaron Frey Announces Agreement for Distribution of Opioid Settlement Funds

January 28, 2022

FOR IMMEDIATE RELEASE

Contact: Nicole M. Sacre, nicole.sacre@maine.gov

 

Attorney General Aaron Frey Announces Agreement for Distribution 

of Opioid Settlement Funds

Maine is estimated to receive as much as $130 million over 18 years to address opioid epidemic


Augusta, Maine – Attorney General Aaron M. Frey announced today he has reached an agreement with litigating cities, counties, and school districts governing Maine’s use of proceeds from the National Opioid Settlements with distributors Cardinal, McKesson, and Amerisource Bergen and opioid manufacturers Johnson & Johnson.  This agreement completes Maine’s acceptance of a settlement that was initially agreed to by Attorney General Frey in August 2021.  This settlement is estimated to bring as much as $130 million to Maine over an 18 year period to support state and local efforts to address the opioid epidemic.

“At a time when Mainers continue to suffer from the pain and loss inflicted by the opioid epidemic, this agreement and the settlement it secures represents a significant opportunity to confront the crisis head on,” said Attorney General Aaron Frey. “This agreement paves the way for Maine to receive significant resources, starting this year, to be specifically directed at tackling the opioid epidemic that is ravaging our state.  These resources will be deployed to address this crisis, provide necessary treatment for addiction, and save lives.  I appreciate the collaborative efforts of counties and municipalities in bringing this money to Maine, and I look forward to continuing to work with them and others as we move forward on this issue of state-wide importance.”  

The agreement between the Office of the Attorney General and the litigating cities, counties, and school districts directs the settlement funds as follows: 

  • 20 percent of the proceeds to the State, administered by the Office of the Attorney General, to address the epidemic;

 

  • 30 percent of the proceeds to the 39 Maine counties and municipalities that either filed litigation against the settling companies or that have more than 10,000 residents;

 

  • 50 percent to a Maine Recovery Fund that will be disbursed by a Recovery Council comprised of stakeholders who will make decisions on how best to maximize the impact of the funds on mitigating the opioid epidemic. The Recovery Council will include at least four members selected by cities and counties, two members appointed by the Governor, the Speaker of the House or his designee, the President of the Senate or his designee, and three members of the recovery community appointed by the Attorney General.  Up to four additional members may be appointed by the Legislature.

 

  • The Recovery Council has broad discretion on how to spend the funds on opioid abatement purposes but must allocate 3 percent of the funds to address abatement in special education programs.

Distribution of these settlement funds to Maine is expected to begin as soon as April 2022

This agreement will also govern the distribution of any proceeds received from ongoing opioid litigation with Purdue Pharma and Mallinckrodt.

Attorney General Frey appreciates that this success would not have been possible without the talented lawyering of Assistant Attorneys General Linda Conti and Brendan O'Neil. These true public servants have worked tirelessly over many years representing the interests of the State of Maine to hold accountable those companies responsible for driving the opioid crisis. It is because of their hard work that these settlements and this agreement have been reached.

Click here to access the Maine State-Subdivisions MOU and Exhibits Regarding Opioid Settlement Funds

Click here to access the MOU with School Districts Regarding Opioid Settlement Funds

The complete settlement agreements are available at www.maine.gov/ag


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Attorney General Aaron M. Frey is Looking for Individuals To Appoint to the Maine Recovery Council

Augusta - Attorney General Aaron M. Frey is looking for three (3) individuals to appoint to the Maine Recovery Council. The purpose of the Maine Recovery Council is to distribute funds received from settlements for opioid abatement purposes. You can find more information on the Maine Recovery Council (ME-State-Subdivision-MOU-and-Ex.pdf (maine.gov)).

The Attorney General is seeking letters of interest from individuals with some or all of the following qualifications:

Individuals directly impacted by the opioid crisis;

Individuals with family members impacted by the opioid crisis;

Individuals with opioid use disorder;

Individuals in recovery from opioid use disorder;

Public health experts in opioid treatment; or

Public health experts in opioid use disorder prevention

If you are interested in serving, please send a letter of interest, along with a statement of what you can contribute to the council and your contact information via email to Linda Conti, Assistant Attorney General linda.conti@maine.gov or mail it to Linda Conti at 6 State House Station, Augusta, ME 04333 no later than March 18, 2022.

Attorney General Aaron M. Frey Supports Nomination of Judge Ketanji Brown Jackson to Supreme Court

February 25, 2022

Judge Ketanji Brown Jackson is a highly qualified and experienced nominee and will be an excellent addition to the Supreme Court. Not only will she make history as the first Black woman to serve, she would be the first former public defender. She would bring a much needed critical perspective to the court and should be confirmed with all deliberate speed.

As having formerly been assigned to represent indigent clients in my private practice, I know the in-depth understanding gained by serving the legal needs of people who too often experience real challenges in accessing the judicial system. Ultimately, this selection makes clear that defending the rights of people who cannot afford a lawyer is just as valuable as representing the wealthiest Americans.

The Supreme Court will undoubtedly benefit from Judge Jackson's impressive resume and unyielding commitment to upholding the Constitution.

Report of the Attorney General on the Use of Deadly Force by Maine State Trooper on 11.26.2019

April 8, 2022

Supporting documents

Thorndike Investigation Letter

Report of the Attorney General on the Use of Deadly Force Falmouth October 19, 2021

April 22, 2022

Supporting documents

Read the report (PDF)

Report of the Attorney General on the Use of Deadly Force Old Town April 14, 2020

April 22, 2022

Supporting documents

Read the report (PDF)

Statement from Attorney General Frey on Threat to Landmark Abortion Ruling

May 5, 2022

 “I am deeply disturbed by the draft opinion from the Supreme Court overturning Roe. Constitutionally-guaranteed rights of bodily autonomy are a requirement for any free and equitable society. To the extent that the draft reflects the final decision, it is additionally disturbing that the Justices are willing to overturn long-standing precedent, undermining the public’s faith in the reliability of the rulings of the Supreme Court. While Maine currently has strong reproductive health laws, I promise in my role as Attorney General that I will continue to do everything in my power to ensure unfettered access to abortion services.” 

Attorney General Aaron Frey Secures Over $700k for Consumers Deceived by TurboTax

May 5, 2022

FOR IMMEDIATE RELEASE:

May 5, 2022

Contact: Danna Hayes (danna.hayes@maine.gov)


 

Attorney General Aaron Frey Joins All 50 States in Agreement with TurboTax Owner Intuit for Deceiving Low-Income Americans into Paying for Free Tax Services

 

 

AUGUSTA – Attorney General Aaron Frey has secured over $700k from the owner of TurboTax, Intuit Inc. (Intuit), for deceiving consumers into paying for tax services that should have been free. As a result of a multistate agreement, Intuit will pay $141 million in restitution to millions of consumers across the nation who were unfairly charged. In addition, Intuit must suspend TurboTax’s “free, free, free” ad campaign that lured customers with promises of free tax preparation services, only to deceive them into paying for services. All 50 states and the District of Columbia have signed onto the agreement. Maine will receive $701,357.86 for consumers who were deceived into paying to file their federal tax return.

 

“This was a classic bait and switch that harmed Maine consumers – promises of free services lured Mainers in, but the company knew that the services consumers needed actually cost money,” said Frey.  “Citizens should be able to trust that advertisements mean exactly what they say, especially for services like tax filing that can be confusing and stressful. I’m pleased that consumers deceived by Intuit’s false advertising will receive financial compensation.”

 

An investigation into Intuit began after ProPublica reported that the company was using deceptive digital tactics to steer low-income consumers toward its commercial products and away from federally-supported free tax services.

 

Intuit has offered two free versions of TurboTax. One was through its participation in the IRS Free File Program, a public-private partnership with the Internal Revenue Service (IRS), which allows taxpayers earning roughly $34,000 and members of the military to file their taxes for free. In exchange for participating in the program, the IRS agreed not to compete with Intuit and other tax-prep companies by providing its own electronic tax preparation and filing services to American taxpayers.

 

In addition, Intuit offers a commercial product called “TurboTax Free Edition,” which is only free for taxpayers with “simple returns” as defined by Intuit. In recent years, TurboTax has marketed this “freemium” product aggressively, including through ad campaigns where “free” is the most prominent or sometimes the only selling point. In some ads, the company repeated the word “free” dozens of times in as short as 30 seconds. However, the TurboTax “freemium” product is only free for approximately one-third of US taxpayers. In contrast, the IRS Free File product was free for 70 percent of taxpayers.

 

The multistate investigation found that Intuit engaged in several deceptive and unfair trade practices that limited consumers’ participation in the IRS Free File Program. The company used confusingly similar names for both its IRS Free File product and its commercial “freemium” product. Intuit bid on paid search advertisements to direct consumers who were looking for the IRS Free File product to the TurboTax “freemium” product instead. Intuit also purposefully blocked its IRS Free File landing page from search engine results during the 2019 tax filing season, effectively shutting out eligible taxpayers from filing their taxes for free. Moreover, TurboTax’s website included a “Products and Pricing” page that stated it would “recommend the right tax solution,” but never displayed or recommended the IRS Free File program, even when consumers were ineligible for the “freemium” product.

 

Intuit will pay $141 million in restitution, of which roughly $2.5 million will be used for administrative fund costs.

 

Under the agreement, Intuit will provide restitution to millions of consumers who started using TurboTax’s Free Edition for tax years 2016 through 2018 and were told that they had to pay to file even though they were eligible to file for free using the version of TurboTax offered as part of the IRS Free File program. Consumers are expected to receive a direct payment of approximately $30 for each year that they were deceived into paying for filing services. Impacted consumers will automatically receive notices and a check by mail.

 

Intuit has also agreed to reform its business practices, including: 

  • Refraining from making misrepresentations in connection with promoting or offering any online tax preparation products;
  • Enhancing disclosures in its advertising and marketing of free products; 
  • Designing its products to better inform users whether they will be eligible to file their taxes for free; and
  • Refraining from requiring consumers to start their tax filing over if they exit one of Intuit’s paid products to use a free product instead.

 

Intuit withdrew from the IRS Free File program in July 2021.

 

Attorney General Frey wishes to thank the OAG Consumer Protection for their hard work on behalf of Maine residents on this matter. 

 

New York and Tennessee led the multistate investigation with support from the attorneys general of Florida, Illinois, New Jersey, North Carolina, Pennsylvania, Texas, and Washington. All 50 states and the District of Columbia joined this agreement. The states wish to think the Federal Trade Commission for its assistance in the investigation.

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Madison Use of Deadly Force Incident July 5, 2017

July 5, 2017

Supporting documents

2017 Madison Deadly Force Review Panel Report

Machiasport Use of Deadly Force Incident December 9, 2017

December 9, 2017

Supporting documents

2017 Machiasport Deadly Force Review Panel Report

Oakfield Use of Deadly Force Incident May 4, 2018

May 4, 2018

Supporting documents

2018 Oakfield Deadly Force Review Panel Report

Wales Use of Deadly Force Incident May 14, 2018

May 14, 2018

Supporting documents

2018 Wales Deadly Force Review Panel Report

Bangor Use of Deadly Force Incident October 16, 2018

October 16, 2018

Supporting documents

2018 Bangor Deadly Force Review Panel Report

Old Town Use of Deadly Force Incident November 28, 2018

November 28, 2018

Supporting documents

2018 Old Town Deadly Force Review Panel Report

Minot Use of Deadly Force Incident February 2, 2020

February 2, 2020

Supporting documents

2020 Minot Deadly Force Review Panel Report

Medford Use of Deadly Force Incident April 26, 2019

April 26, 2019

Supporting documents

2019 Medford Deadly Force Review Panel Report

Auburn Use of Deadly Force Incident May 21, 2019

May 21, 2019

Supporting documents

2019 Auburn Deadly Force Review Panel Report

Hiram Use of Deadly Force Incident April 25, 2020

April 25, 2020

Supporting documents

2019 Hiram Deadly Force Review Panel Report

Jefferson Use of Deadly Force Incident December 18, 2020

December 18, 2020

Supporting documents

2020 Jefferson Deadly Force Review Panel Report

Gorham Use of Deadly Force Incident May 31, 2019

May 31, 2019

Supporting documents

2019 Gorham Deadly Force Review Panel Report

Attorney General Warns Mainers About $850 Relief Check Identity Theft Scam

May 13, 2022

FOR IMMEDIATE RELEASE:

May 13, 2022

Contact: Danna Hayes (danna.hayes@maine.gov)

 

Scammers Pretending to Represent Revenue Services Stealing Identifying Information from Unsuspecting Mainers

The Attorney General’s Office and Maine Revenue Services have been alerted that scammers claiming to be the “Maine IRS” have been targeting residents and requesting social security numbers, maiden names, and other sensitive information, stating it was needed to process $850 relief checks authorized by the Governor and the legislature last month. 

“Maine Revenue Services already has all the information it needs to issue these relief checks, so no one should need to share any information to collect this check,” said Attorney General Aaron Frey. “As always, do not share any identifying information with anyone demanding such information over the phone without independently confirming their identity.”

Eligibility for the $850 relief checks is based upon the 2021 Maine individual income tax return. Relief checks will be mailed via U.S. Postal Service to the address provided on your 2021 Maine individual income tax return and will be redirected to any forwarding addresses filed with the U.S. Postal Service. The first round of relief checks will be mailed in June 2022 – and will be delivered on a rolling basis through the end of the year as returns are received.

If you need to report an identity theft, or for more information about preventing identity theft, please visit: https://www.maine.gov/ag/privacy/identity_theft.shtml

For assistance identifying free tax help, low- and middle-income Maine taxpayers may visit www.cashmaine.org, call 2-1-1, or visit 211maine.org.

 

 

Attorney General's Civil Rights Team Project Wins Golden Apple Award

May 25, 2022

FOR IMMEDIATE RELEASE

Contact: Danna Hayes, danna.hayes@maine.gov

 

Attorney General’s Civil Rights Team Project Wins Golden Apple Award 

Project recognized by MEA for strong commitment to local schools

 

AUGUSTA –Attorney General Aaron Frey congratulates the Civil Rights Team Project on its well-deserved 2022 Golden Apple Award from the Maine Education Association. The Project, which is housed in the Attorney General’s Office, engages student civil rights teams in schools across the state to explore issues of race and skin color, national origin and ancestry, religion, disabilities, gender (including gender identity and expression), and sexual orientation. “Our Civil Rights Team Project does vital civic education work in our state, helping children engage each other in important conversations that reduce bias and discrimination. We are proud of the powerful work they do and congratulate them on this hard-earned honor.” The Project has been running for 26 years and is currently serving 207 schools across the state. The awards ceremony was held over the weekend in Portland. 

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Report of the Attorney General on the Use of Deadly Force Waterville Feb. 11 2021

May 27, 2022

Supporting documents

2021 Waterville Report

Hotel and Motel Evictions

May 28, 2022

Following recent changes by the Maine State Housing Authority to its Emergency Rental Assistance Program, which will cap hotel reimbursement rates for eligible Mainers lacking permanent housing beginning June 1, there have been multiple reports of people being asked to leave the hotels where they are living.  Those participating in the program – both the hotels and the individuals who have been residing there – should be aware of Maine law about requiring individuals to move out.

 

For example, on a case-by-case basis, residents may be considered tenants rather than guests and may have due process rights under Maine’s landlord-tenant laws about evictions.  See Degenhardt v. EWE Ltd. Partnership, 2011 ME 23, 13 A.3d 790.  See also Chapter 14, § 14.17, of the Maine Attorney General’s Consumer Law Guide (https://www.maine.gov/tools/whatsnew/attach.php?id=27933&an=1).  

 

Owners of hotels and motels as well as individuals staying there should consult with an attorney to understand their legal obligations and rights.  

 

Individuals facing eviction may contact Pine Tree Legal Assistance to determine if they qualify for help from Pine Tree – call 207-774-8211 or visit https://ptla.org/contact-us

For more information about Maine’s landlord-tenant laws and the eviction process, see Chapter 14 of the Attorney General’s Consumer Law Guide (https://www.maine.gov/tools/whatsnew/attach.php?id=27933&an=1

or information from Pine Tree (https://ptla.org/motels-hotels-and-rooming-houses).

Thorndike Use of Deadly Force Incident November 26, 2019

May 31, 2022

Supporting documents

2019 Thorndike Deadly Force Review Panel Report

Attorney General Aaron Frey Joins Bipartisan, Nationwide Coalition Defending Affordable Drug Prices

May 31, 2022

FOR IMMEDIATE RELEASE:

Contact: Danna Hayes (danna.hayes@maine.gov)

 

 

Attorney General Aaron Frey Joins Bipartisan, Nationwide Coalition Defending Affordable Drug Prices 

 

AUGUSTA – Attorney General Aaron Frey has joined a coalition of attorneys general in two amicus briefs defending affordable drug prices before the United States Courts of Appeals for the Third Circuit and District of Columbia. 

 

The briefs defend the actions of the U.S. Department of Health and Human Services in cases filed by Sanofi SA, Novartis Pharmaceutics, United Therapeutics Corp and NovoNordisk. The pharmaceutical giants have refused to comply or unilaterally adopted unlawful restrictions on the 340B Program requiring discounted drug pricing for community health centers, clinics, and institutions serving low-income and underserved patient populations. The340BDrug Pricing Program was adopted by Congress in 1992 and has strong bipartisan support. 

 

The drug companies challenged violation orders issued by the U.S. Department of Health and Human Services. The coalition argues in its amicus briefs that HHS’ actions were lawful and necessary.

 

“While pharmaceutical companies are making record profits, they are at the same time dodging regulations that would make prescriptions affordable,” said Attorney General Aaron Frey. “Their behavior is unconscionable and I’m proud to join this coalition to hold these companies accountable.”  

 

“For nearly two years…drug manufacturers participating in the 340B Program of the Public Services Act, 42 U.S.C. § 256b (“340B Program”), have flouted their statutory obligation to offer safety-net providers 340B-discounted prices on critical prescription drugs.  These drug manufacturers have either limited 340B covered entities to using a single retail community pharmacy (contract pharmacy) or conditioned the use of multiple contract pharmacies on intrusive audits of healthcare providers’ confidential, proprietary claims data.  Drug manufacturers allege that imposing conditions that restrict the use of contract pharmacies is appropriate because the term “pharmacy” is not in the text of the 340B statute and that such conditions are necessary to prevent drug diversion and duplicate reimbursement claims.  But permitting manufacturers to unilaterally change the 340B Program is in direct contravention of the statute and policies long pursued by Congress and advanced by the States,” the states argue.  

 

The coalition of attorneys general led by Connecticut previously urged to HHS to hold drug makers accountable for their unlawful actions imperiling access to affordable prescriptions for low-income patients.  

 

The amicus brief was led by Connecticut Attorney General Tong and signed by the attorneys general of Arkansas, Connecticut, Colorado, District of Columbia, Delaware, Illinois, Hawaii, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, New Mexico, North Carolina, Oregon, Rhode Island and Vermont. 

 

 

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Office of the Attorney General Secures Conviction on Hallowell Tax Evasion Case

June 1, 2022

FOR IMMEDIATE RELEASE

Contact:  Danna Hayes (danna.hayes@maine.gov)

 

 

Office of the Attorney General Secures Conviction on Hallowell Tax Evasion Case

Owner of Hallowell Business Underreported Over $20k in Sales Tax Revenue

 

AUGUSTA – On May 19, Augusta resident Krystal Lavallee, 43, was convicted in the Kennebec County Unified Criminal Docket of three counts of evasion of sales tax and one count of theft by misapplication of sales tax. Ms. Lavallee owned and operated Brews N’ Views, a Hallowell restaurant and bar, from 2015 through 2017. During that time, Ms. Lavallee consistently underreported the business’s sales when she filed Maine sales tax returns, reporting just $37,000 in sales over a nearly three-year period. Investigators with Maine Revenue Services’ Criminal Investigations Unit determined that her actual sales amounts were ten times the amounts reported on these sales tax returns. This resulted in her underreporting the amount of sales tax she was required to collect from customers. In total, Ms. Lavallee underreported the business’s obligation to collect and pay over to Maine Revenue Services more than $24,000 in sales tax. 

Ms. Lavallee will serve 45 days in jail and pay $30,735.94 in restitution, a figure that includes accrued interest. She also will be placed on probation for one year.  

Attorney General Aaron Frey commented, “Maine depends on its business owners to deal honestly in collecting and reporting sales tax. I appreciate the hard work of the Criminal Division and Maine Revenue Services in securing this conviction.” 

This case was investigated by Maine Revenue Services’ Criminal Investigations Unit. Assistant Attorney General Elizabeth T. Weyl handled this matter for the Attorney General’s Criminal Division.

 

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State recovers $14,900 from business violating online retail tobacco sale prohibition

June 13, 2022

 

FOR IMMEDIATE RELEASE

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

State recovers $14,900 from business violating online retail tobacco sale prohibition

 

AUGUSTA –  The Office of the Attorney General has successfully prosecuted an online e-cigarette retailer for tobacco sales in contravention of Maine law requiring all tobacco products be sold in face-to-face transactions. Retailers are prohibited from selling tobacco products, including e-cigarettes, online. The consent decree requires the offending business to pay a $14,900 fine, as well as court fees totaling $17,756.

"Requiring face-to-face purchases of tobacco products ensures that these highly addictive substances are not sold to children,” said Frey. "We want to remind businesses that any failure to obey the law regarding sale of tobacco products will be prosecuted.”

Attorney General Frey also commended Elizabeth Reardon, an Assistant Attorney General in the Consumer Protection Division, for her work on this case.

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Statement of Maine Attorney General Aaron Frey on Supreme Court Decision in Carson v. Makin

June 21, 2022

FOR IMMEDIATE RELEASE

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Statement of Maine Attorney General Aaron Frey on 

Supreme Court Decision in Carson v. Makin

 

AUGUSTA –  Maine Attorney General Aaron Frey expressed his disappointment today with a United States Supreme Court decision, issued this morning, striking down a Maine law prohibiting religious schools from receiving public funds.  Approximately 5,000 Maine children live in districts that neither have a public school nor contract with a school in a nearby district.   To ensure that these children have access to a free public education, they are permitted to attend at public expense a public or private school of their choice.  Public funds cannot be used to attend a private school that promotes religion because such schools, by definition, do not provide the equivalent of a public education.


Several families who wanted to send their children to religious schools at taxpayer expense challenged the law, arguing that it violated their constitutional rights, including their First Amendment right to the free exercise of religion.  Both the federal court in Maine and a unanimous panel of the First Circuit Court of Appeals rejected the challenge and upheld the law.  In today’s decision, a divided Supreme Court struck down the law, rejecting Maine’s argument that the purpose of the tuition program was to provide a public education for students who would otherwise be without, and concluding that Maine had created a school choice program that allowed a group of parents to select the secondary school of their choice. As a result, the Court held that their recent precedent dictates that excluding religious schools violates the Free Exercise Clause.  Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissented, noting that the Court had effectively eliminated the notion of their being any play in the joints between the Establishment Clause and the Free Exercise Clause and expressing concern that this decision would open the door to claims that states must fund the religious equivalent of other public programs.


“I am terribly disappointed and disheartened by today’s decision,” said AG Frey.  “Public education should expose children to a variety of viewpoints, promote tolerance and understanding, and prepare children for life in a diverse society.   The education provided by the schools at issue here is inimical to a public education.  They promote a single religion to the exclusion of all others, refuse to admit gay and transgender children, and openly discriminate in hiring teachers and staff.  One school teaches children that the husband is to be the leader of the household.   While parents have the right to send their children to such schools, it is disturbing that the Supreme Court found that parents also have the right to force the public to pay for an education that is fundamentally at odds with values we hold dear.  I intend to explore with Governor Mills’ administration and members of the Legislature statutory amendments to address the Court’s decision and ensure that public money is not used to promote discrimination, intolerance, and bigotry.”


While the Court’s decision paves the way for religious schools to apply to receive public funds, it is not clear whether any religious schools will do so.   Educational facilities that accept public funds must comply with anti-discrimination provisions of the Maine Human Rights Act, and this would require some religious schools to eliminate their current discriminatory practices.

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Statement of Maine Attorney General Aaron Frey on Supreme Court Decision in Dobbs v. Jackson Women's Health Organization

June 24, 2022

Attorney General Frey issued to following statement on today’s decision of the Supreme Court overturning Roe v. Wade:

“Even with the knowledge that the Supreme Court was poised to overturn the longstanding precedent in Roe v. Wade, I still find myself gutted by this reality. Today’s decision, coupled with the Court’s decision in Carson v. Makin, is the culmination of years of work by the religious right to use personally held beliefs to control public life, and now, literally what control women have over their bodies. It also signals the extremity of the values represented in the majority of the Supreme Court and its casual willingness to undermine any respect for precedent in achieving its desired ends. That said, I want to be clear: despite this decision, abortion remains legal in Maine. But now we have been reminded that this right is vulnerable and requires vigorous protection. Maine policymakers are now the last line of defense of this right. I promise that as Attorney General, I will continue to do everything in my power to ensure unfettered access to abortion services.”  

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Attorney General Aaron Frey, National Coalition of Attorneys General Issue Joint Statement Reaffirming Commitment to Protecting Access to Abortion Care

June 28, 2022

FOR IMMEDIATE RELEASE

Media Contact: Danna Hayes

Danna.hayes@maine.gov

 

Attorney General Aaron Frey, National Coalition of Attorneys General Issue Joint Statement Reaffirming Commitment to Protecting Access to Abortion Care

 

Despite U.S. Supreme Court decision, national coalition of 22 attorneys general emphasize that abortion remains safe and legal in states across the country

 

AUGUSTA – Attorney General Aaron Frey and a national coalition of 22 attorneys general today issued a joint statement reaffirming their commitment to supporting and expanding access to abortion care. Despite the U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, access to safe and legal abortion remains robustly protected in numerous states across the country, including in Maine and the coalition states. As highlighted by the multistate coalition’s efforts in the amicus brief led by California in Dobbs, the coalition of attorneys general will continue to fight to support the rights of pregnant people nationwide.

 

“Abortion care is healthcare. Period. We stand together, as our states’ chief law officers, to proudly say that we will not back down in the fight to protect the rights of pregnant people in our states and across the country. While the U.S. Supreme Court’s decision reverses nearly half a century of legal precedent and undermines the rights of people across the United States, we’re joining together to reaffirm our commitment to supporting and expanding access to abortion care nationwide.

 

“While this is a perilous moment for our nation, it is a moment that calls for action. Our promise to our residents is simple: We’ll never stop defending your rights. Regardless of the decision in Dobbs, broad access to abortion remains protected in states that recognize reproductive freedom, such as ours. We refuse to go back to the days of politicians trying to tell people what to do with their bodies. When it comes to abortion care, it’s your body and your right to choose. Nobody else gets to make those decisions.

 

“For generations, Americans have relied on the existence of a constitutional right to abortion to make deeply personal decisions about their lives, their futures, and their families. As a result of the decision in Dobbs, people across the nation are now confronted with the prospect of having to travel from their homes to our states to seek access to the fundamental healthcare to which they should be entitled. For those unable to make the journey, laws banning abortion in their home states will lead to poorer health outcomes, reduced socioeconomic opportunities and potential criminal charges. Those harms will fall disproportionately on people of color and people with fewer resources, further perpetuating our nation’s historical inequities.

 

“Ultimately, what harms people in some states harms us all. The future and well-being of our nation is intrinsically tied to the ability of our residents to exercise their fundamental rights, including the right to liberty, privacy, and access to abortion care. If you seek access to abortion and reproductive healthcare, we’re committed to using the full force of the law to support you. You have our word. We will continue to use all legal tools at our disposal to fight for your rights and stand up for our laws. We will support our partners and service providers. Together, we will persist.”

 

In issuing today’s statement, Attorney General Aaron Frey joins the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.

 

 

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Statement from Attorney General Frey on Supreme Court Decision in WV v. EPA

June 30, 2022

Attorney General Aaron Frey expressed his dismay about the Supreme Court’s ruling in West Virginia v. EPA today. 

“Climate change is one of the most urgent issues of our time. By preventing the EPA from regulating vital aspects of the energy industry through the Clean Air Act, the Supreme Court has removed one of this nation’s biggest tools in our fight against climate change. Despite this loss, my office remains committed to enforcing Maine’s environmental protection laws to their fullest extent and preserving our natural resources for future generations.” 

Report of the Attorney General on the Use of Deadly Force Waldo Jan 9, 2022

July 8, 2022

Supporting documents

Jan 9 2022 Report

Report of the Attorney General on the Use of Deadly Force Falmouth Jan 10, 2022

July 15, 2022

Supporting documents

Jan 10 2022 Maine Turnpike Deadly Force Incident

2020 Annual Report of the Deadly Force Review Panel

January 1, 2021

Supporting documents

2020 Annual Report of the Deadly Force Review Panel

2021 Annual Report of the Deadly Force Review Panel

January 1, 2022

Supporting documents

2021 Annual Report of Deadly Force Review Panel

Falmouth Deadly Force Review Panel Report Oct 19, 2021

May 26, 2022

Supporting documents

2021 Falmouth Deadly Force Review Panel Report

Anna Love Named Chief of Investigations Division

August 4, 2022

FOR IMMEDIATE RELEASE

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

Anna Love Named Chief of Investigations Division  

Love is the First Woman to Hold Chief Position

 

AUGUSTA –Attorney General Aaron Frey is proud to announce the hiring of Anna Love, new Chief of the Investigations Division. Love is the first woman to ever serve in the role. She is a veteran investigator who comes to the Office from the Department of Public Safety, Maine State Police. Love began her impressive 25-year tenure with the Maine State Police as a Trooper and moved up the ranks throughout her career. She was nominated for Trooper of the Year three times, both as a Trooper and a detective. Most recently, she coordinated and managed personnel investigations as a Professional Standards Lieutenant. She was the first female lieutenant to run the Maine Information and Analysis Center and oversaw the academy and specialty teams for the Maine State Police as well.  As a lieutenant in the Maine State Police, she helped create a scholarship fund for young women entering the field of law enforcement. She replaces longtime Chief Brian MacMaster in Office of the Attorney General.

 

“I am thrilled to welcome Anna Love to lead the Investigations Division,” said Attorney General Frey. “She brings a depth of experience and strength of leadership that will serve our office and our state well.” 

 

Love is a graduate of USM and member of the Husky Hall of Fame.  She lives in Belgrade with her husband and two children. She was sworn in Monday, August 1. 

 

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Supporting documents

Attorney General Frey Swears in Chief Anna Love

Attorney General Aaron Frey and U.S. DOE Announce Loan Discharge for ITT Technical Institute Borrowers

August 17, 2022

FOR IMMEDIATE RELEASE

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

Attorney General Aaron Frey and U.S. DOE Announce Loan Discharge for ITT Technical Institute Borrowers   

 

$2.7 Million in Federal Student Debt Owed by Maine Borrowers to be Discharged 

 

AUGUSTA –Attorney General Aaron Frey has announced that as part of an action by the U.S. Department of Education, Maine students of ITT Technical Institute (“ITT”) have been approved for discharge of $2.7 million in federal student loan debt. Nationally, the Department will be discharging $3.9 billion dollars for 208,000 borrowers. In Maine, 180 borrowers who attended ITT between January 1, 2005, and September, 2016, will see repayment discharge. No action on the part of the borrowers is required.  

 

“Education should be an avenue to opportunity and financial stability.  I’m gratified that my office could work with the U.S. DOE to ensure that Mainers who were defrauded by ITT Technical Institute will have their federal loans discharged,” said Attorney General Aaron Frey. “Hopefully this recoupment will allow wronged students to continue to pursue their career goals.” 

 

The announcement is the latest federal action against ITT, which began when the Consumer Financial Protection Bureau filed suit in 2014, accusing ITT of widespread and pervasive misrepresentations regarding job placement rates, transfer credits and programmatic accreditation. Prior actions related to ITT have resulted in $1.9 billion in discharges for 130,000 students. 

 

“Today, I am glad to announce the results of our work with AG Frey to hold ITT Technical Institute accountable for cheating so many students out of their time and money,” said Federal Student Aid Chief Operating Officer Richard Cordray. “Students who put their trust in ITT were lured by lies about their job prospects and did not get the quality education they were promised. These students now will have their remaining federal student loan debt discharged without needing to take any further action.”

 

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Attorney General Aaron Frey Joins Multistate Opposition to Alabama Law Criminalizing Gender-Affirming Medical Care for Transgender Youth

August 18, 2022

FOR IMMEDIATE RELEASE

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

Attorney General Aaron Frey Joins Multistate Opposition to Alabama Law Criminalizing Gender-Affirming Medical Care for Transgender Youth

 

AUGUSTA –Attorney General Aaron Frey has joined a coalition of 21 attorneys general, led by California, in filing an amicus brief in opposition to an Alabama law, Senate Bill 184 (SB 184), criminalizing evidence-based and medically accepted gender-affirming care for transgender youth. The law, which was preliminarily blocked by the district court, makes it a felony — punishable by up to 10 years in prison and a fine of up to $15,000 — for any person to assist transgender youth in Alabama in accessing gender-affirming care, including puberty blockers and hormone therapy. In the friend-of-the-court brief, the coalition urges the appellate court to affirm the district court’s decision and highlights the extreme harms of the State of Alabama’s intrusions on medical decisions that should be made between doctors and patients and their parents.

 

“Gender-affirming care from a supportive medical professional may mean the difference between life and death for a young trans person,” said Attorney General Frey. “SB 184 is an unconscionable, discriminatory interference between a medical professional and their patient.”  

 

Signed into law on April 8, 2022, SB 184 is part of a dangerous, nationwide assault on the right of transgender people to live with dignity, be free from discrimination, and have equal access to healthcare. Alabama’s categorical ban on gender-affirming healthcare for transgender youth ignores broad medical consensus, interferes with medical decisions that providers reach with individual patients and their families, and violates the Equal Protection Clause of the U.S. Constitution. The law specifically targets transgender youth, ignoring the use of the exact same type of medical interventions for treatment to reinforce the gender an individual was assigned at birth. For instance, SB 184 permits doctors to prescribe testosterone for a cisgender male teen suffering from delayed pubertal development but makes it a felony for a transgender male teen to access the same treatment. 

 

Discrimination and exclusion on the basis of transgender status cause direct economic, emotional, and health harms, including an increased risk of depression, anxiety, substance abuse, and suicide. In contrast to Alabama, the coalition states have adopted laws and policies to combat discrimination against transgender people in healthcare, including policies that guarantee non-discriminatory insurance coverage of gender-affirming medical care for transgender youth. These efforts result in better health outcomes for transgender residents and help safeguard their physical, emotional, and financial well-being.

 

In the amicus brief, the coalition explains:

 

  • SB 184 directly harms transgender teens living in and traveling to Alabama and imposes spillover harms on other states;
  • SB 184 would exacerbate the effects of discrimination and inadequate access to healthcare for transgender teens;
  • SB 184 discriminates based on sex, ignores medical standards, and interferes with decisions made between doctors and their patients;
  • SB 184 directly violates equal protection by prohibiting only transgender youth from taking certain medications; and
  • In contrast, policies like those in amici states that ensure access to gender-affirming medical care have improved health outcomes for transgender people and are based on well-established medical standards.

 

In the filing the amicus brief, Attorney General Frey joins the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Washington. 

 

A copy of the amicus brief is available here


 

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Report of the Attorney General on the Use of Deadly Force Lewiston Nov. 18 2020

August 19, 2022

Supporting documents

November 18 2020 Lewiston Use of Deadly Force Incident

Report of the Attorney General on the Use of Deadly Force Augusta November 24 2019

August 19, 2022

Supporting documents

November 24 2019 Augusta Use of Deadly Force Incident

Attorney General Aaron Frey Urges U.S. Supreme Court to Reject Challenge to Key Law Protecting Rights of Native American Children, Families, and Tribes

August 22, 2022


 

FOR IMMEDIATE RELEASE

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

Attorney General Aaron Frey Urges U.S. Supreme Court to Reject Challenge to Key Law Protecting Rights of Native American Children, Families, and Tribes

 

Joins bipartisan coalition of 24 attorneys general in effort to prevent unwarranted displacement of Native American children from their tribal communities

 

AUGUSTA – Attorney General Aaron Frey has joined a bipartisan coalition of 24 attorneys general, led by California, in filing an amicus brief in Haaland v. Brackeen urging the U.S. Supreme Court to reject a challenge to longstanding protections guaranteed to Native American children, their families, and tribal communities under the Indian Child Welfare Act (ICWA). ICWA is a critical framework for managing state-tribal relations, protecting the rights of Native American children, and preventing the unwarranted displacement of Native American children from their families and tribal communities. In the friend-of-the-court brief in support of the federal and tribal parties defending ICWA, the coalition highlights the nation’s long history of inequitable removals of Native American children and reiterates the states’ fundamental interest in standing up for the well-being of children in state child-custody proceedings.

 

“Our country has a long, shameful, history of removing Native American children from their communities- a practice that has deeply harmed Native families and culture,” said Attorney General Aaron Frey. “It is imperative that we preserve ICWA’s legal protections for Native children, their communities, and Native American culture.”   

 

Congress enacted ICWA in response to a serious and pervasive problem: State and private parties were initiating state child-custody proceedings that removed Native American children from the custody of their parents — often without good cause — and placed them in the custody of non-tribal adoptive and foster homes. That practice not only harmed children, their families, and their tribal communities, it also posed an existential threat to the continuity and vitality of Indian tribes. To address this, Congress established minimum federal standards governing the removal of Native American children who are members of federally recognized tribes, or eligible for such membership, from their families. ICWA’s provisions safeguard the rights of Native American children, parents, and tribes in state child-custody proceedings, and seek to promote the placement of Native American children with members of their extended families or with other tribal homes. The law’s approach is tailored to the unique status of Native Americans as a separate people with their own political institutions. In the more than four decades since Congress enacted ICWA, the statute has become the foundation of state-tribal relations in the realm of child custody and family services.

 

In the amicus brief, the coalition asserts that:

 

  • ICWA is a critical tool for protecting Native American children and fostering state-tribal collaboration;
  • ICWA is a valid exercise of Congress’s powers over tribal affairs in response to unwarranted removals that imperiled relations with Native American tribes and threatened their existence;
  • ICWA’s provisions do not violate the “anti-commandeering” doctrine, which prohibits Congress from issuing direct commands to state governments; and
  • ICWA’s preferences for the adoptive and foster-care placement of the Native American children to whom it applies do not violate equal protection.

 

In filing the amicus brief, Attorney General Frey joins the attorneys general of California, Arizona, Colorado, Connecticut, the District of Columbia, Idaho, Illinois, Iowa, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Washington, and Wisconsin.

 

A copy of the amicus brief previously submitted by the coalition urging the U.S. Supreme Court to review the case is available here.

 

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Report of the Attorney General on the Use of Deadly Force Lewiston Jan 3, 2021

August 24, 2022

Supporting documents

Jan 3, 2021 Lewiston Use of Deadly Force Incident

Report of the Attorney General on the Use of Deadly Force Pittsfield Feb 25, 2022

August 24, 2022

Supporting documents

Feb 25 2022 Pittsfield Use of Deadly Force Incident

Report of the Attorney General on the Use of Deadly Force Topsham Feb 28, 2022

August 24, 2022

Supporting documents

Feb 28 2022 Topsham Deadly Force Incident

Office of the Attorney General Successfully Defends Internet Privacy Law

September 6, 2022

FOR IMMEDIATE RELEASE

Contact: Danna Hayes 

Danna.hayes@maine.gov

 


Office of the Attorney General Successfully Defends Internet Privacy Law

Telecommunication Providers Drop Lawsuit After Key Procedural Losses  

  

AUGUSTA – On Friday, the nation’s largest telecommunication providers dropped a federal lawsuit challenging a Maine law limiting internet service providers’ (“ISPs”) ability to use, disclose, or sell their customers’ personal information. The ISPs filed suit in February of 2020 in response to the passage of LD 946, sponsored by then-Senator Shenna Bellows in 2019. The law restricts ISPs’ usage of their customers’ data like web browsing history, location, the content of communications, and financial and health information.

 

For the last two and a half years, the Maine Office of the Attorney General has been vigorously defending the law, achieving an initial victory in July 2020 when Judge Lance E. Walker of the United States District Court for the District of Maine ruled that Maine’s law is not preempted by federal law.  Litigation of the industry’s First Amendment claim continued for another two years, and the State achieved another victory in August 2022 when Judge Walker denied the industry’s motion to bar the State’s expert witness from testifying and expressed skepticism about the admissibility of the testimony of the industry’s experts.

 

Shortly after the ruling on expert witnesses, the industry plaintiffs announced that they would be dismissing their lawsuit and agreed to reimburse the State for over $55,000 in costs the Attorney General’s office incurred in defending the lawsuit.  The dismissal was filed Friday, September 2, 2022.

 

Maine Attorney General Aaron Frey reacted to the dismissal:

 

“Maine’s Legislature wisely sought to protect Maine residents by restricting the disclosure and use of their most private and personal information. Despite the army of industry lawyers organized against us, my office vigorously defended the law not only for the benefit of Maine residents, but also to pave the way for other states that can now follow Maine’s lead.”

 

The Attorney General thanks AAGs Jason Anton and Paul Suitter for their hard work on this case.

 

 

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Report of the Attorney General on the Use of Deadly Force Portland Oct 9, 2021

September 23, 2022

Supporting documents

October 9, 2021 Portland Deadly Force Incident

Attorney General Aaron Frey Supports U.S. Department of Veterans Affairs' Rule Expanding Access of Abortion Care

October 12, 2022

AUGUSTA– Maine Attorney General Aaron Frey announced today that he has joined a multistate coalition of 23 attorneys general in filing a comment letter supporting the U.S. Department of Veterans Affairs’ (VA) interim final rule that removes exclusions on abortion counseling and establishes broader access to abortion care for veterans and their beneficiaries. The VA’s new interim final rule, ‘Improving Access to Abortion and Abortion Counseling for Veterans and Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) Beneficiaries', will permit veterans and their families to access abortion counseling for all pregnancies and access abortion services in situations where the patient’s life or health is threatened, as well as in cases of self-reported rape or incest. In the comment letter, the attorneys general support the VA’s efforts to increase reproductive freedom by removing barriers to essential medical care.

 

“Veterans and their families who serve our country selflessly deserve access to health care —and that includes abortion services,” said Attorney General Aaron Frey. “I’m glad to support this needed expansion of care for those who have served in our military.”  

 

On September 2, in the wake of the U.S. Supreme Court’s decision overturning Roe v. Wade, the VA announced an interim final rule regarding abortion. The rule amends the VA’s medical regulations to remove the exclusion on abortion services and establish exceptions to the exclusion on abortion in the medical benefits package for veterans and for CHAMPVA beneficiaries. Since the Dobbs decision, at least 14 states have banned or restricted abortion care, while others are still proposing new restrictions. The rule explains that these restrictions put at risk “the lives and health of pregnant veterans and CHAMPVA beneficiaries in these States.” In response, the VA rule seeks to ensure that veterans and their families, regardless of their state of residence, may obtain medically necessary abortion care when the life or the health of the pregnant veteran would be endangered or if the pregnancy is the result of an act of rape or incest.

 

In the comment letter, the coalition of attorneys general express their strong support for the VA’s effort to remove barriers to this essential medical care. The rule fills a significant gap in healthcare for an important population, offering veterans and their families access to the same healthcare services available to many civilians. The rule will impact an estimated 53%, or more than 240,000, U.S. service members and veterans of reproductive age living in states that have already banned abortion or are likely to soon ban abortion. Veterans of reproductive age, in particular, have high rates of chronic medical and mental conditions, such as post-traumatic stress disorder, severe hypertension, and renal disease—all of which could increase the health risks associated with pregnancy. It is critical that these veterans are provided with the tools to protect their lives and wellbeing, including a full range of reproductive care and counseling, and medically-necessary abortion care.

 

The coalition of attorneys general also contend that the VA’s rule is a necessary step to alleviate the strain on the healthcare infrastructure of states that protect abortion. States like Maine have become havens for those in need of abortion services. Even before the overturn of Roe v. Wade, abortion restrictions in other states forced many pregnant persons to travel out of state for care. In 2021, approximately one-in-ten abortions were performed on pregnant individuals who had traveled across state lines to obtain abortion care. When more severe abortion restrictions took effect after Dobbs, women from anti-choice states began crossing state lines in even greater numbers, crowding waiting rooms in pro-choice states and leading to longer waiting times for this time-sensitive care. By expanding access to abortions, even if just for veterans and their family members, the VA Rule will greatly assist pro-choice States in addressing this rapidly expanding need and protecting the health of their residents.

 

In filing the comment letter, Attorney General Frey joins the attorneys general of California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.


 A copy of the comment letter is available 
here.

 

 

###

Attorney General Aaron Frey Joins Coalition of 22 Attorneys General Backing States' Ability to Enforce Their Constitutions to Ensure Free and Fair Elections

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron Frey Joins Coalition of 22 Attorneys General Backing States’ Ability to Enforce Their Constitutions to Ensure Free and Fair Elections 

 

AUGUSTA – Attorney General Aaron Frey today joined a coalition of 22 Attorneys General in filing a friend of the court brief in Moore v. Harper, a case in which the U.S. Supreme Court will decide whether to adopt the radical “independent state legislature theory” (ISLT) and give state legislators the sole, unchecked authority to make election rules at the expense of voters and other state institutionsThe coalition is supporting North Carolina, its voters, and voting-rights organizations in their challenge.  

 

In the brief, the attorneys general argue that ISLT lacks any historical or constitutional foundation and that its adoption would invalidate a large swath of state election law that does not come from the state legislature, such as state constitutions, court decisions, and regulations. Elections would thus become unworkable and impossible to administer. 

 

“Free and fair elections are the cornerstone of our democracy,” said Attorney General Aaron Frey. “The ‘independent state legislature theory’ would undermine the integrity of Maine’s election system and could operate to nullify Mainers’ votes, leaving it exclusively in the hands of a partisan future legislature.”  

 

The U.S. Constitution provides that a state’s legislature may set rules governing federal elections. Historically, the Supreme Court has interpreted “legislature” flexibly to include any state actor or entity who exercises lawmaking power. The Court has never questioned that a state court has the power to rule on election statutes and state constitutional provisions.

 

Consistent with this precedent, North Carolina’s Supreme Court interpreted its state constitution to prohibit partisan gerrymandering and struck down North Carolina’s badly gerrymandered congressional maps as violating the state constitution.  At the request of the North Carolina state legislators, the U.S. Supreme Court granted certiorari to consider whether the ISLT is correct, and whether the North Carolina Supreme Court was thus without power to prohibit partisan gerrymandering.  At the U.S. Supreme Court, the North Carolina state legislators are arguing that only state legislators—not other actors like the state supreme court, executives, or voters—can make election rules. ISLT is gaining traction among conservative academics and jurists, but it lacks any support in American history or precedent of the U.S. Supreme Court. The theory would unravel states’ election processes and impede election officials’ ability to administer free and orderly elections.

 

The attorneys general raise two main points:

 

  • State constitutions, courts, and officials historically played an integral role in regulating federal elections: At and after the nation’s founding, states employed various institutions of state government, including their constitutions, courts, and executive officials, to set and implement the rules governing federal elections. Under the guise of originalism, ISLT calls into question what the nation’s founders themselves practiced.
  • ISLT threatens states’ ability to administer free and fair federal elections: The states’ historical practice continues today. Justifying their reputation as laboratories of democracy, contemporary state governments still use different branches of their government to conduct elections. ISLT threatens to wreak havoc and disrupt the states’ established elections practices. 

A copy of the amicus brief is available here

Attorney General Frey is joined by Attorneys General from California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin. 

###

 

Attorney General Aaron Frey Joins Coalition of 22 Attorneys General Backing States' Ability to Enforce Their Constitutions to Ensure Free and Fair Elections

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron Frey Joins Coalition of 22 Attorneys General Backing States’ Ability to Enforce Their Constitutions to Ensure Free and Fair Elections 

 

AUGUSTA – Attorney General Aaron Frey today joined a coalition of 22 Attorneys General in filing a friend of the court brief in Moore v. Harper, a case in which the U.S. Supreme Court will decide whether to adopt the radical “independent state legislature theory” (ISLT) and give state legislators the sole, unchecked authority to make election rules at the expense of voters and other state institutionsThe coalition is supporting North Carolina, its voters, and voting-rights organizations in their challenge.  

 

In the brief, the attorneys general argue that ISLT lacks any historical or constitutional foundation and that its adoption would invalidate a large swath of state election law that does not come from the state legislature, such as state constitutions, court decisions, and regulations. Elections would thus become unworkable and impossible to administer. 

 

“Free and fair elections are the cornerstone of our democracy,” said Attorney General Aaron Frey. “The ‘independent state legislature theory’ would undermine the integrity of Maine’s election system and could operate to nullify Mainers’ votes, leaving it exclusively in the hands of a partisan future legislature.”  

 

The U.S. Constitution provides that a state’s legislature may set rules governing federal elections. Historically, the Supreme Court has interpreted “legislature” flexibly to include any state actor or entity who exercises lawmaking power. The Court has never questioned that a state court has the power to rule on election statutes and state constitutional provisions.

 

Consistent with this precedent, North Carolina’s Supreme Court interpreted its state constitution to prohibit partisan gerrymandering and struck down North Carolina’s badly gerrymandered congressional maps as violating the state constitution.  At the request of the North Carolina state legislators, the U.S. Supreme Court granted certiorari to consider whether the ISLT is correct, and whether the North Carolina Supreme Court was thus without power to prohibit partisan gerrymandering.  At the U.S. Supreme Court, the North Carolina state legislators are arguing that only state legislators—not other actors like the state supreme court, executives, or voters—can make election rules. ISLT is gaining traction among conservative academics and jurists, but it lacks any support in American history or precedent of the U.S. Supreme Court. The theory would unravel states’ election processes and impede election officials’ ability to administer free and orderly elections.

 

The attorneys general raise two main points:

 

  • State constitutions, courts, and officials historically played an integral role in regulating federal elections: At and after the nation’s founding, states employed various institutions of state government, including their constitutions, courts, and executive officials, to set and implement the rules governing federal elections. Under the guise of originalism, ISLT calls into question what the nation’s founders themselves practiced.
  • ISLT threatens states’ ability to administer free and fair federal elections: The states’ historical practice continues today. Justifying their reputation as laboratories of democracy, contemporary state governments still use different branches of their government to conduct elections. ISLT threatens to wreak havoc and disrupt the states’ established elections practices. 

A copy of the amicus brief is available here

Attorney General Frey is joined by Attorneys General from California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin. 

###

 

Attorney General Aaron Frey Joins Coalition of 22 Attorneys General Backing States' Ability to Enforce Their Constitutions to Ensure Free and Fair Elections

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron Frey Joins Coalition of 22 Attorneys General Backing States’ Ability to Enforce Their Constitutions to Ensure Free and Fair Elections 

 

AUGUSTA – Attorney General Aaron Frey today joined a coalition of 22 Attorneys General in filing a friend of the court brief in Moore v. Harper, a case in which the U.S. Supreme Court will decide whether to adopt the radical “independent state legislature theory” (ISLT) and give state legislators the sole, unchecked authority to make election rules at the expense of voters and other state institutionsThe coalition is supporting North Carolina, its voters, and voting-rights organizations in their challenge.  

 

In the brief, the attorneys general argue that ISLT lacks any historical or constitutional foundation and that its adoption would invalidate a large swath of state election law that does not come from the state legislature, such as state constitutions, court decisions, and regulations. Elections would thus become unworkable and impossible to administer. 

 

“Free and fair elections are the cornerstone of our democracy,” said Attorney General Aaron Frey. “The ‘independent state legislature theory’ would undermine the integrity of Maine’s election system and could operate to nullify Mainers’ votes, leaving it exclusively in the hands of a partisan future legislature.”  

 

The U.S. Constitution provides that a state’s legislature may set rules governing federal elections. Historically, the Supreme Court has interpreted “legislature” flexibly to include any state actor or entity who exercises lawmaking power. The Court has never questioned that a state court has the power to rule on election statutes and state constitutional provisions.

 

Consistent with this precedent, North Carolina’s Supreme Court interpreted its state constitution to prohibit partisan gerrymandering and struck down North Carolina’s badly gerrymandered congressional maps as violating the state constitution.  At the request of the North Carolina state legislators, the U.S. Supreme Court granted certiorari to consider whether the ISLT is correct, and whether the North Carolina Supreme Court was thus without power to prohibit partisan gerrymandering.  At the U.S. Supreme Court, the North Carolina state legislators are arguing that only state legislators—not other actors like the state supreme court, executives, or voters—can make election rules. ISLT is gaining traction among conservative academics and jurists, but it lacks any support in American history or precedent of the U.S. Supreme Court. The theory would unravel states’ election processes and impede election officials’ ability to administer free and orderly elections.

 

The attorneys general raise two main points:

 

  • State constitutions, courts, and officials historically played an integral role in regulating federal elections: At and after the nation’s founding, states employed various institutions of state government, including their constitutions, courts, and executive officials, to set and implement the rules governing federal elections. Under the guise of originalism, ISLT calls into question what the nation’s founders themselves practiced.
  • ISLT threatens states’ ability to administer free and fair federal elections: The states’ historical practice continues today. Justifying their reputation as laboratories of democracy, contemporary state governments still use different branches of their government to conduct elections. ISLT threatens to wreak havoc and disrupt the states’ established elections practices. 

A copy of the amicus brief is available here

Attorney General Frey is joined by Attorneys General from California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin. 

###

 

Attorney General Aaron Frey Joins Coalition of 22 Attorneys General Backing States' Ability to Enforce Their Constitutions to Ensure Free and Fair Elections

October 28, 2022

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron Frey Joins Coalition of 22 Attorneys General Backing States’ Ability to Enforce Their Constitutions to Ensure Free and Fair Elections 

 

AUGUSTA – Attorney General Aaron Frey today joined a coalition of 22 Attorneys General in filing a friend of the court brief in Moore v. Harper, a case in which the U.S. Supreme Court will decide whether to adopt the radical “independent state legislature theory” (ISLT) and give state legislators the sole, unchecked authority to make election rules at the expense of voters and other state institutionsThe coalition is supporting North Carolina, its voters, and voting-rights organizations in their challenge.  

 

In the brief, the attorneys general argue that ISLT lacks any historical or constitutional foundation and that its adoption would invalidate a large swath of state election law that does not come from the state legislature, such as state constitutions, court decisions, and regulations. Elections would thus become unworkable and impossible to administer. 

 

“Free and fair elections are the cornerstone of our democracy,” said Attorney General Aaron Frey. “The ‘independent state legislature theory’ would undermine the integrity of Maine’s election system and could operate to nullify Mainers’ votes, leaving it exclusively in the hands of a partisan future legislature.”  

 

The U.S. Constitution provides that a state’s legislature may set rules governing federal elections. Historically, the Supreme Court has interpreted “legislature” flexibly to include any state actor or entity who exercises lawmaking power. The Court has never questioned that a state court has the power to rule on election statutes and state constitutional provisions.

 

Consistent with this precedent, North Carolina’s Supreme Court interpreted its state constitution to prohibit partisan gerrymandering and struck down North Carolina’s badly gerrymandered congressional maps as violating the state constitution.  At the request of the North Carolina state legislators, the U.S. Supreme Court granted certiorari to consider whether the ISLT is correct, and whether the North Carolina Supreme Court was thus without power to prohibit partisan gerrymandering.  At the U.S. Supreme Court, the North Carolina state legislators are arguing that only state legislators—not other actors like the state supreme court, executives, or voters—can make election rules. ISLT is gaining traction among conservative academics and jurists, but it lacks any support in American history or precedent of the U.S. Supreme Court. The theory would unravel states’ election processes and impede election officials’ ability to administer free and orderly elections.

 

The attorneys general raise two main points:

 

  • State constitutions, courts, and officials historically played an integral role in regulating federal elections: At and after the nation’s founding, states employed various institutions of state government, including their constitutions, courts, and executive officials, to set and implement the rules governing federal elections. Under the guise of originalism, ISLT calls into question what the nation’s founders themselves practiced.
  • ISLT threatens states’ ability to administer free and fair federal elections: The states’ historical practice continues today. Justifying their reputation as laboratories of democracy, contemporary state governments still use different branches of their government to conduct elections. ISLT threatens to wreak havoc and disrupt the states’ established elections practices. 

A copy of the amicus brief is available here

Attorney General Frey is joined by Attorneys General from California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin. 

###

 

Maine Joins Combined $16 Million Multistate Settlements Over 2012 and 2015 Experian Data Breaches

November 7, 2022

 

FOR IMMEDIATE RELEASE

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

Maine Joins Combined $16 Million Multistate Settlements Over 2012 and 2015 Experian Data Breaches

 

Experian and T-Mobile Agree to Improve Data Protection Practices 

 

 

AUGUSTA – Attorney General Aaron Frey announced today that Maine, along with a coalition of other attorneys general, has obtained two multistate settlements with Experian concerning data breaches it experienced in 2012 and 2015 that compromised the personal information of millions of consumers nationwide. The coalition has also obtained a separate settlement with T-Mobile in connection with the 2015 Experian breach, which impacted more than 15 million individuals who submitted credit applications with T-Mobile. Under the settlements, the companies have agreed to improve their data security practices and to pay the states a combined amount of more than $16 million. Maine will receive a total of $143,322.65 from the settlements. 

 

“Mainers should be able to trust that when they share their private information with businesses, that information will be treated with extreme care,” said Attorney General Frey. “I’m gratified we could hold these businesses accountable, and strongly encourage affected Mainers to file for their free extended credit monitoring to protect their identities.” 

 

In September 2015, Experian, one of the big-three credit reporting bureaus, reported it had experienced a data breach in which an unauthorized actor gained access to part of Experian’s network storing personal information on behalf of its client, T-Mobile. The breach involved information associated with consumers who had applied for T-Mobile postpaid services and device financing between September 2013 and September 2015, including names, addresses, dates of birth, Social Security numbers, identification numbers (such as driver’s license and passport numbers), and related information used in T-Mobile’s own credit assessments. 12,068 Maine residents were impacted by the 2015 breach. Neither Experian’s consumer credit database, nor T-Mobile’s own systems, were compromised in the breach. 

 

A 40-state multistate group has obtained separate settlements from Experian and T-Mobile in connection with the 2015 data breach. Under a $12.67 million settlement, Experian has agreed to strengthen its due diligence and data security practices going forward. Those include:

 

  • Prohibition against misrepresentations to its clients regarding the extent to which Experian protects the privacy and security of personal information; 
  • Implementation of a comprehensive Information Security Program, incorporating zero-trust principles, regular executive-level reporting, and enhanced employee training; 
  • Due diligence provisions requiring the company to properly vet acquisitions and evaluate data security concerns prior to integration;
  • Data minimization and disposal requirements, including specific efforts aimed at reducing use of Social Security numbers as identifiers; and 
  • Specific security requirements, including with respect to encryption, segmentation, patch management, intrusion detection, firewalls, access controls, logging and monitoring, penetration testing, and risk assessments. 

The settlement also requires Experian to offer 5 years of free credit monitoring services to affected consumers, as well as two free copies of their credit reports annually during that timeframe. This is in addition to the four years of credit monitoring services already offered to affected consumers— two of which were offered by Experian in the wake of the breach, and two that were secured through a separate 2019 class action settlement. The deadlines to enroll in these prior offerings have since passed.

 

If you were a class member in the 2019 class action settlement, you are eligible to enroll in these extended credit monitoring services. Affected consumers can enroll in the 5-year extended credit monitoring services and find more information on eligibility here. The enrollment window will remain open for 6 months. 

 

In a separate $2.43 million settlement, T-Mobile has agreed to detailed vendor management provisions designed to strengthen its vendor oversight going forward. Those include: 

 

  • Implementation of a Vendor Risk Management Program;
  • Maintenance of a T-Mobile vendor contract inventory, including vendor criticality ratings based on the nature and type of information that the vendor receives or maintains; 
  • Imposition of contractual data security requirements on T-Mobile’s vendors and sub-vendors, including related to segmentation, passwords, encryption keys, and patching;
  • Establishment of vendor assessment and monitoring mechanisms; and
  • Appropriate action in response to vendor non-compliance, up to contract termination. 

 

The settlement with T-Mobile does not concern the unrelated, massive data breach announced by T-Mobile in August 2021, which is still under investigation by a multistate coalition of Attorneys General co-led by Connecticut. 

 

Concurrently with the 2015 data breach settlements, Experian has agreed to pay an additional $1 million to resolve a separate multistate investigation into another Experian-owned company—Experian Data Corp. (“EDC”)— in connection with EDC’s failure to prevent or provide notice of a 2012 data breach that occurred when an identity thief posing as a private investigator was given access to sensitive personal information stored in EDC’s commercial databases. Under that resolution, entered into by a separate group of 40 states, EDC has agreed to strengthen its vetting and oversight of third parties that it provides personal information, investigate and report data security incidents to the Attorneys General, and maintain a “Red Flags” program to detect and respond to potential identity theft.

###

40 Attorneys General Announce Historic Google Settlement Over Location Tracking Practices

November 15, 2022

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

40 Attorneys General Announce Historic Google Settlement Over Location Tracking Practices 

 

AUGUSTA – Attorney General Aaron Frey today announced that Maine along with 39 other attorneys general, has reached a $391.5 million multistate settlement with Google over its location tracking practices relating to Google Account settings. This is the largest multistate Attorney General privacy settlement in the history of the U.S. Maine will receive over $4 million from the settlement. 

“Google users were misled into believing they had control over their location data when they did not. Consumers have a right to know whether their data is being collected and what it is being used for,” said Attorney General Frey. 

Location data is a key part of Google’s digital advertising business. Google uses the personal and behavioral data it collects to build detailed user profiles and target ads on behalf of its advertising customers. Location data is among the most sensitive and valuable personal information Google collects. Even a limited amount of location data can expose a person’s identity and routines and can be used to infer personal details. 

The attorneys general opened the Google investigation following a 2018 Associated Press article that revealed Google “records your movements even when you explicitly tell it not to.” The article focused on two Google account settings: Location History and Web & App Activity. Location History is “off” unless a user turns on the setting, but Web & App Activity, a separate account setting, is automatically “on” when users set up a Google account, including all Android phone users.  As detailed in the settlement, the attorneys general found that Google violated state consumer protection laws by misleading consumers about its location tracking practices since at least 2014. Specifically, Google caused users to be confused about the scope of the Location History setting, the fact that the Web & App Activity setting existed and also collected location information, and the extent to which consumers who use Google products and services could limit Google’s location tracking by adjusting their account and device settings. 

The settlement requires Google to be more transparent with consumers about its practices. Google must:

  • Show additional information to users whenever they turn a location-related account setting “on” or “off”; 
  • Make key information about location tracking unavoidable for users (i.e., not hidden); and
  • Give users detailed information about the types of location data Google collects and how it’s used at an enhanced “Location Technologies” webpage. 

The settlement also limits Google’s use and storage of certain types of location information and requires Google account controls to be more user-friendly.

The attorneys general of Oregon and Nebraska led the settlement negotiations, assisted by Arkansas, Florida, Illinois, Louisiana, New Jersey, North Carolina, Pennsylvania, and Tennessee. The final settlement was also joined by Alabama, Alaska, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Mexico, New York, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Vermont, Virginia, and Wisconsin. 

###

Report of the Attorney General on the Use of Deadly Force Presque Isle, June 5, 2022

December 2, 2022

Supporting documents

June 5, 2022 Presque Isle Deadly Force Incident

Attorney General Aaron Frey Joins Brief in Support of LGBTQ+ Workers

December 2, 2022

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

Attorney General Aaron Frey Joins Brief in Support of LGBTQ+ Workers 


 
Brief Filed in Support of Teacher at a North Carolina Catholic High School Terminated After Announcing Plans to Marry his Same-Sex Partner

 

AUGUSTA –Maine Attorney General Aaron Frey joined a coalition of`18 attorneys general in filing a brief in support of a substitute teacher at a North Carolina Catholic high school who was terminated after announcing plans to marry his same-sex partner, arguing that the First Amendment does not give an employer the right to illegally discriminate against an employee because of their sex. 

The brief, filed Wednesday with the U.S. Court of Appeals for the Fourth Circuit in Billard v. Charlotte Catholic High School et al., specifically argues that the First Amendment’s protection for freedom of expressive association does not apply to the employer-employee relationship at issue in the case, and therefore does not afford the school the right to fire the teacher in violation of Title VII of the Civil Rights Act. The brief supports a ruling by the North Carolina federal district court in favor of the teacher’s arguments that the school violated Title VII by discriminating on the basis of sex.  

“The First Amendment does not provide employers an exemption from anti-discrimination laws and LGBTQ+ workers should not have to hide their identities to remain employed,” said Attorney General Frey. “The defendants in this case advance a dangerous twisting of the First Amendment’s protections. I am proud I could join with my colleagues to urge the Court to reject it.” 

According to the brief, accepting the expansive theory of expressive association put forward by the school would severely undermine the ability of states to ensure job employment opportunities remain open to everyone. The brief argues that “if any employer could invoke an ‘expressive purpose’ not to employ certain types of people, and thereby claim exemption from employment discrimination laws under the ‘freedom not to associate,’ the results could be catastrophic and widespread.” Under the defendants’ theory of expressive association, the brief argues, “there is nothing to stop a business owner who sincerely believes in white supremacy from invoking his ‘freedom to not associate’ in refusing to hire Black employees, or a business owner who sincerely believes that Jews are responsible for the crucifixion of Jesus from refusing to hire them.” 

The brief points out that the defendants’ expansive view of expressive association with regard to employment is not supported in Supreme Court or Fourth Circuit case law. Past cases concerning expressive association claims involved membership and volunteer leadership roles in private organizations rather than employment. 

Workplace discrimination remains a pervasive problem across the country, according to the brief, with more than 60 percent of American workers reporting they have experienced or witnessed discrimination on the basis of race, age, gender or LGBTQ+ status. Nearly half of LGBTQ+ workers in a recent survey reported having “suffered adverse treatment at work because of their sexual orientation or gender identity, and nearly a third reported such treatment within the last five years,” the brief states.

Thes brief was led by AG Healey and also joined by the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.

 

###

Deadly Force Review Panel Report- Old Town Use of Deadly Force Incident April 14, 2020

December 2, 2022

Supporting documents

2020 Old Town Use of Deadly Force Review Panel Report

Attorney General Aaron Frey Joins Coalition to Protect Access to Gender-Affirming Care

December 9, 2022

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron Frey Joins Coalition to Protect Access to Gender-Affirming Care 

 

13 Attorneys General File an Amicus Brief to Fight Healthcare Discrimination Against Transgender People 

 

AUGUSTA –Attorney General Aaron Frey has joined a coalition of 13 attorneys general in filing an amicus brief in the case of Fain v. Crouch supporting efforts to promote equal access to healthcare in West Virginia. The plaintiffs, two transgender individuals, are unable to obtain Medicaid coverage for gender-affirming surgical care by the West Virginia State Medicaid Program. 

 

“West Virgina’s refusal to provide transgender patients the care they need is not only illegal discrimination, it is unconscionable,” said Attorney General Frey. “We cannot allow states to deny healthcare for political reasons when people’s lives are on the line.” 

 

The brief — filed in the United States Court of Appeals for the Fourth Circuit — argues for the court to affirm a lower court ruling which determined that the West Virginia State Medicaid Program’s denial of medically necessary, gender-affirming surgical care violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The coalition of attorneys general note that it has been shown through Supreme Court rulings and other cases that discrimination against transgender people violates the Equal Protection Clause because it constitutes discrimination based on sex. The amicus brief also shows that the exclusion does not save governmental insurance programs significant amounts of money and that it is not justified by protecting the public from an ineffective medical treatment. The attorneys general note that their experience shows gender-affirming treatment improves well-being at minimal cost. 

 

The brief also notes the efforts that states joining the filing have made to protect transgender healthcare rights and the benefits of these policies. Many of the other joining states have also adopted policies ensuring access to gender-affirming care for their residents. The brief notes that these policies have categorically improved the well-being of trans people, reducing the risk of suicide, substance abuse, and depression, while not meaningfully increasing premium costs. 

 

Joining Attorney General Frey in filing the brief are the attorneys general of Delaware, Illinois,  Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. 

 

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Bipartisan Coalition of Attorneys General Secures Over $10 Billion in Opioid Funds from CVS and Walgreens

December 12, 2022

FOR IMMEDIATE RELEASE

Media contact: Danna Hayes

danna.hayes@maine.gov

 

Bipartisan Coalition of Attorneys General Secures Over $10 Billion in Opioid Funds from CVS and Walgreens

Brings total recoveries from drug industry to more than $50 billion

 

AUGUSTA- Attorney General Aaron Frey today announced that a multistate coalition of attorneys general have finalized agreements with pharmacy chains CVS and Walgreens to bring the national amount from investigations and litigation against the pharmaceutical industry for its role in the opioid crisis to more than $50 billion. Maine’s share of these new funds – including a recent agreement with Walmart - is estimated to be a maximum of over $66 million. Under the agreements, CVS will pay $5 billion and Walgreens will pay $5.7 billion, totaling $10.7 billion. Recently the multistate coalition announced a similar settlement with Walmart for its role in the opioid crisis as a pharmacy.  The Walmart settlement is valued at $2.7 billion, with Maine’s maximum share estimated to be $14 million.  

“Our communities have suffered tremendously,” said Attorney General Aaron Frey. “These pharmacies must be held to account for their role, along with opioid manufacturers and distributors, in the devastation opioids have caused in Maine and across the country. While no amount of money can ever remedy the pain experienced by so many, I’m hopeful that a settlement could mean more funds for critical treatment, prevention and recovery efforts that can make a meaningful difference in lives across the state.”   

In addition to the financial settlement, CVS and Walgreens, along with Walmart earlier, have agreed to court-ordered injunctive relief that requires the pharmacies to monitor, report, and share data about suspicious activity related to opioid prescriptions. This court-ordered injunctive relief will help ensure a crisis like this does not happen again. 

The terms of this agreement will now go to the states for their review. Each state, including Maine, will have until the end of 2022 to join, after which the Walmart, Walgreens, and CVS agreements will go to local governments around the country for sign-on during the first quarter of 2023. Maine’s ability to achieve the maximum settlement payout will depend upon the level of participation in the settlement of certain local governments which will be eligible to receive payments. Maine will look forward to reviewing the settlement terms. Nearly all of the settlement funds must be used to remediate the opioid crisis, including prevention, harm reduction, treatment, and recovery services.  

The payments are structured to ensure critical support in early years as well as sustained resources over time. Most of Walmart’s amount will be paid during the first year; CVS’s payments will be spread over 10 years; Walgreens' payments will be spread over 15 years. If there is sufficient sign-on by states and by local governments, payments will begin during the second half of 2023. 

The negotiations have been led by Attorneys General from North Carolina, California, Colorado, Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Nebraska, New York, Ohio, Pennsylvania, Rhode Island, Tennessee, and Texas. 

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Report of the Attorney General on the Use of Deadly Force East Blue Hill June 21, 2022

December 16, 2022

Supporting documents

June 21, 2022 East Blue Hill Deadly Force Incident

Office of the Attorney General Secures Win in Appeal of Pro Rata Cable Law

January 10, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Office of the Attorney General Secures Win in Appeal of Pro Rata Cable Law 

 

Supreme Court Declines to Review Lower Court Decision in 

Spectrum Northeast, LLC. v. Frey 

 

 

AUGUSTA – Yesterday the United States Supreme Court declined to review a challenge to Maine’s first-in-the-nation consumer protection law requiring cable companies to prorate customers’ final month of service. Sponsored by then-Representative Seth Berry, and passed by the 129th legislature, the law had originally been set to go into effect in September of 2020 but was stalled when Spectrum filed suit in federal court arguing it was preempted by federal law. By declining to hear Spectrum’s petition, the Supreme Court has effectively upheld the First Circuit Court’s ruling in favor of the State and the legality of the law. 

 

Since February 2022, Spectrum has been complying with Maine’s law by automatically prorating customers’ final cable bill after cancellation. In lieu of additional litigation, Spectrum has agreed to prorate the final month of service for anyone who canceled service between September 2020 and January 2022 for anyone who requests it. 

 

Just as it would be unacceptable for a restaurant to charge for undelivered food or Amazon to charge for an undelivered package, large cable companies should not be permitted to charge for cable that is not provided,” said Attorney General Aaron Frey. “I’m thrilled that consumers will no longer have to pay after they cancel their subscriptions. I strongly encourage those who didn’t get what they were owed going back to September 2020 to request their refunds.”  

 

The Attorney General would like to thank Assistant Attorneys General Paul Suitter and Jason Anton for their work on this case. 

 

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Report of Attorney General on the Use of Deadly Force Lewiston August 5, 2019

January 13, 2023

Supporting documents

August 5 2019 Lewiston Deadly Force Incident

Report of Attorney General on the Use of Deadly Force Limerick December 27, 2019

January 13, 2023

Supporting documents

December 27 2019 Limerick Deadly Force Incident

Report of Attorney General on the Use of Deadly Force Newport July 15, 2022

January 13, 2023

Supporting documents

July 15, 2022 Newport Deadly Force Incident

Business Settles with Office of the Attorney General After Threatening Consumers Posting Negative Reviews

January 24, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Business Settles with Office of the Attorney General After Threatening Consumers Posting Negative Reviews

 

Liberty Bell Moving and Storage, Inc. Will Pay 125K After OAG Legal Action 

 

 

AUGUSTA – The Office of the Attorney General has entered into an agreement with Liberty Bell Moving and Storage Inc., and its owner, Kevin Finkenaur, after an OAG investigation found the company in violation of the federal Consumer Review Fairness Act, the Maine Unfair Trade Practices Act, and regulations for businesses that engage in interstate moving operations. In the agreement, which was approved by U.S. District Court, the business and Mr. Finkenaur agreed that they will pay $125,000 and refrain from engaging in a number of illegal business practices, including no longer using a misleading email address indicating it was the account of the company’s attorney. Mr. Finkenaur used the email address to threaten customers who left negative reviews of the company’s services. The parties also agreed that Liberty Bell’s consumer contracts would no longer require the consumer to absolve the company of all claims before service- a practice which violates Maine law. 

 

“It is ironic that a company named for an iconic symbol of freedom would concern itself with violating the free speech and other legally entitled rights of consumers,” said Attorney General Aaron M. Frey. “I hope this case will remind consumers that no business can require you to waive your right to leave honest reviews of businesses and products.”

 

The Attorney General would like to thank Assistant Attorneys General Michael Devine and Laura Lee Barry Wommack for their hard work on this case. 

 

 

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Deadly Force Review Panel Report- Waterville Feb 11, 2021

February 7, 2023

Supporting documents

2021 Waterville Deadly Force Review Panel Report

Deadly Force Review Panel Report- Waldo Jan 9, 2022

February 7, 2023

Supporting documents

2022 Waldo Deadly Force Review Panel Report

Deadly Force Review Panel Report- Falmouth Jan 10 2022

February 7, 2023

Supporting documents

2022 Falmouth Deadly Force Review Panel Report

Deadly Force Review Panel Report- Lewiston Nov 11 2020

February 7, 2023

Supporting documents

2020 Lewiston Deadly Force Review Panel Report

Deadly Force Review Panel Report- Augusta Nov 24, 2019

February 7, 2023

Supporting documents

2019 Augusta Deadly Force Review Panel Report

2022 Annual Report of the Deadly Force Review Panel

February 7, 2023

Supporting documents

2022 Annual Report of the Deadly Force Review Panel

Report of the Attorney General on the Use of Deadly Force Stockholm July 31, 2022

February 10, 2023

Supporting documents

2022 Stockholm Deadly Force Incident

Report of the Attorney General on the Use of Deadly Force Mars Hill April 14, 2021

February 10, 2023

Supporting documents

2021 Mars Hill Deadly Force Incident

Attorney General Aaron Frey Joins Multistate Coalition to Defend and Protect Access to Medication Abortion

February 10, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron Frey Joins Multistate Coalition to Defend and Protect Access to Medication Abortion

 

Coalition Argues that Revoking FDA Approval of Medication Abortion Would Endanger Lives Nationwide

 

 

AUGUSTA – Attorney General Aaron Frey today joined a multistate coalition to defend and protect safe access to medication abortion nationwide. In an amicus brief filed in Alliance of Hippocratic Medicine v. U.S. Food and Drug Administration (FDA), a case pending in the U.S. District Court for the Northern District of Texas, the coalition of 22 attorneys general ask the court to reject a challenge brought by anti-abortion groups seeking to revoke the FDA’s approval of the medication abortion drug, mifepristone. The brief warns that withdrawing federal approval for mifepristone would drastically reduce access to safe abortion care and miscarriage management for millions of people across the country, including in Maine. A ban on mifepristone would affect states where abortion is legal. The coalition is urging the court to reject this baseless attempt to undermine the FDA’s authority, upend decades of medical practice, and trample the rule of law.  

 

“This case is a concerted, years-long effort to chip away at access to reproductive care,” said Attorney General Frey. “This challenge, brought by anti-abortion activists, is an outrageous imposition on the freedom of Mainers to make medical decisions about their own bodies, their lives and their futures. I urge the Court to reject it.” 

 

In 2000, the FDA approved mifepristone as a single-dose oral medication used for early-term abortions. Since its approval, mifepristone has been safely used by approximately five million persons to terminate a pregnancy and is used in more than half of all abortions today. Decades of clinical research and studies have confirmed mifepristone’s safety and efficacy. 

 

If the district court orders the FDA to withdraw or suspend approval for mifepristone, the medication would be removed from the market nationwide. In their brief, the coalition argues that requiring the FDA to withdraw or suspend its approval of mifepristone, despite the overwhelming clinical data demonstrating its safety and efficacy, risks undermining the integrity of the FDA-approval process for other drugs.

 

The availability of the abortion pill has been particularly critical in providing access to abortion in low-income, underserved, and rural communities. The coalition also asserts that revoking the FDA approval of mifepristone would force millions to seek more invasive and expensive procedural abortion, which would disproportionately harm vulnerable, low-income, and underserved communities. Without access to mifepristone, demand for procedural abortions would significantly increase, leading to overburdened clinics, longer wait times, later and more risky procedures, and more complicated and costly logistics for many patients, especially those in low-income and rural communities. According to 2020 data, 89 percent of U.S. counties have no abortion clinics, and 38 percent of women of reproductive age reside in counties with no clinics. Moreover, lack of access to safe abortion care leads to worsened health outcomes and higher mortality, especially for Black women.

 

Today’s amicus brief was filed by the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, Wisconsin, and Washington D.C.

 

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Attorney General Aaron Frey Joins Multistate Coalition in Support of EPA Supplemental Proposal to Regulate Methane Emissions from the Oil and Natural Gas Sector

February 15, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

Attorney General Aaron Frey Joins Multistate Coalition in Support of EPA Supplemental Proposal to Regulate Methane Emissions from the Oil and Natural Gas Sector

 

AUGUSTA – Attorney General Aaron Frey today joined a multistate coalition, led by California and New York, in submitting comments in support of the Environmental Protection Agency’s (EPA) supplemental proposal to strengthen regulation of emissions from new, modified, and reconstructed facilities in the oil and natural gas sector, and to, for the first time, regulate methane emissions from existing facilities, which comprise the majority of the emissions in this sector. The EPA estimates that the proposed supplemental proposal will reduce emissions of methane by 36 million tons, volatile organic compounds (VOCs) by 9.7 million tons, and hazardous air pollutants by 390,000 tons between 2023 and 2035. In today’s comments, the coalition supports EPA’s supplemental proposal, which updates, strengthens, and expands standards proposed in November 2021, and the coalition identifies additional ways to further strengthen the supplemental proposal.

 

“We have no time to waste in combatting climate change,” said Attorney General Frey. “Regulating emissions from the oil and natural gas industry is absolutely necessary to protecting our planet and I commend the EPA for taking this step.”

 

Methane is a super pollutant up to 83 times more potent as a greenhouse gas than carbon dioxide in its ability to trap heat in the atmosphere. The production, processing, transmission, and storage of oil and natural gas are the largest single industrial source of methane emissions in the U.S. For nearly a decade, states have urged the EPA to regulate methane emissions from the oil and natural gas sector as a central component in the fight against climate change.

 

In today’s comments, the coalition expresses strong support for EPA's supplemental proposal, which addresses several issues that were raised by the coalition’s comments on EPA’s 2021 proposal, and argues that certain elements of the supplemental proposal should be strengthened, including by:

 

·      Requiring a shorter repair period for methane leaks if the well site is located in proximity to an already overburdened community;

·      Adding restrictions on the amount of time that operators are allowed to idle wells and limiting the number of idle wells that an individual owner can hold;

·      Prohibiting routine flaring with an exception only for safety and emergencies;

·      Lowering the threshold for defining super-emitter emission events; and

·      Designing the super-emitter response program to maximize community participation.

 

In filing the comments, Attorney General Frey joins the attorneys general of California, New York, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin, as well as the City of Chicago.

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Deadly Force Review Panel Report- Pittsfield Jan 25, 2022

February 24, 2023

Supporting documents

2022 Pittsfield Deadly Force Review Panel Report

Report of the Attorney General on the Use of Deadly Force Mexico August 31, 2022

March 3, 2023

Supporting documents

2022 Mexico Deadly Force Incident

Maine Joins FDA Suit Over Unlawful, Unnecessary Restrictions on Medication Abortion Drug

March 9, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

Maine Joins FDA Suit Over Unlawful, Unnecessary Restrictions on Medication Abortion Drug 

Lawsuit accuses the FDA of ignoring more than a quarter century of science showing that mifepristone is extremely safe

AUGUSTA – Attorney General Aaron Frey has joined a multistate federal lawsuit against the Food & Drug Administration (FDA) accusing it of singling out one of the two drugs used for medication abortions for excessively burdensome regulation, despite ample evidence that the drug is safer than Tylenol. 

The lawsuit, led by Washington Attorney General Bob Ferguson and Oregon Attorney General Ellen F. Rosenblum, was originally filed on February 23, 2023, in the U.S. District Court for the Eastern District of Washington.   The original complaint included twelve states: Oregon, Washington, Arizona, Colorado, Connecticut, Delaware, Illinois, Michigan, Nevada, New Mexico, Rhode Island, Vermont.   Today’s amended complaint adds 6 states as parties: the District of Columbia, Hawaii, Maine, Maryland, Minnesota, and Pennsylvania.

“There is no medically justified reason for the higher burden placed on people trying to obtain mifepristone,” said Attorney General Frey. “To inappropriately categorize mifepristone along with other riskier drugs will serve to deter and restrict people who have a right to end a pregnancy through this extremely safe medication.”  

The attorneys general also filed a preliminary injunction asking the court to halt the enforcement of the FDA’s restrictions on mifepristone while the case continues.

Of the more than 20,000 drugs approved by the FDA, only 60 — including mifepristone — fall under a unique set of restrictions known as Risk Evaluation & Mitigation Strategies, or REMS. REMS restrictions are supposed to apply to inherently dangerous drugs, including opioids like fentanyl, and high-dose sedatives used by psychiatric patients, among others.

The FDA-approved regimen for medication abortion involves a dose of mifepristone, followed by a second drug, misoprostol. To prescribe mifepristone, health care providers must be specially certified by the drug distributor in advance. To receive the prescription, patients and providers must sign an agreement that certifies the patient has decided to take the drugs to end their pregnancy — regardless of whether they are seeking an abortion or are being treated for a miscarriage, which is another common use for mifepristone. A copy of this agreement must be included in the patient’s medical records. To dispense mifepristone, pharmacies must also be specially certified before they can fill a prescription.

The lawsuit asserts the restrictions on prescribing and dispensing mifepristone are unduly burdensome, harmful and unnecessary, and expose providers and patients to unnecessary privacy and safety risks. The risks are exacerbated by the growing criminalization and penalization of abortion around the country in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health. The Dobbs case overturned nearly a half-century of precedent, eliminating the constitutional right to abortion recognized by the court’s Roe v. Wade decision.

The FDA approved mifepristone for use in the United States in combination with misoprostol for medication abortions in 2000. Before its approval in the U.S., mifepristone was widely used in Europe, beginning in France in the late 1980s. Since its FDA approval, mifepristone has been safely used in the United States more than 5 million times. 

The FDA itself has acknowledged that “serious complications have proven to be extremely rare” with mifepristone. In the lawsuit, the attorneys general note that mifepristone is associated with fewer serious side effects and deaths than common drugs like Tylenol or Viagra — neither of which are regulated under REMS restrictions.

According to the FDA, not a single death can be attributed to mifepristone during its entire history of use in the United States.

Today’s lawsuit asserts that the FDA exceeded its authority and acted arbitrarily by continuing its unnecessary and burdensome restrictions on mifepristone. The lawsuit also asserts that the FDA’s actions violate the constitutional guarantees of equal protection.

The lawsuit asks the court to find the FDA’s REMS restrictions unlawful and to bar the federal agency from enforcing or applying them to mifepristone. It also seeks to ensure that mifepristone remains accessible, as a safe and effective drug commonly relied upon by residents of the plaintiff states.

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Report of the Attorney General on the Use of Deadly Force Waterboro September 7, 2022

March 10, 2023

Supporting documents

2022 Waterboro Use of Deadly Force Incident

Attorney General Aaron M. Frey Highlights Deadline for Pending Settlements with Five Distributors and Pharmacies for Role in Opioid Crisis

March 13, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

Attorney General Aaron M. Frey Highlights Deadline for Pending Settlements with Five Distributors and Pharmacies for Role in Opioid Crisis 

 

Settlements could bring nearly $100 million into Maine, $29 million directly to counties, cities and towns

 

 

AUGUSTA-Today Attorney General Aaron M. Frey announced that, with just over a month remaining to sign on, five new opioid settlements are available for certain Maine communities to join.  Attorney General Frey is raising awareness to bring funds from these settlements to Maine counties, cities, towns and school districts to pay for saving lives from overdoses, treating opioid use disorder, and preventing opioid addiction. To receive the maximum settlement payout, all eligible counties, cities, towns and school districts (“political subdivisions”) will also need sign on to the settlements. Eligible subdivisions were notified earlier this year and have until April 18 to sign on.  

 

The five new settlements – two with current and former manufacturers Teva and Allergan, and the others with pharmacies CVS, Walgreens, and Walmart – could bring in nearly $100 million in additional settlement funds over 15 years to Maine as a whole. The exact amount of the payout depends upon the participation in the settlement by eligible Maine political subdivisions. Over $14 million could be distributed in Maine during 2023 alone if all eligible subdivisions sign on to the settlements.   100% participation by eligible counties, cities, and towns will bring in the maximum settlement funds Maine is eligible for, distributing critical resources to save lives in communities across the state.  Any funds not claimed by Maine subdivisions will remain with the settling companies.   

 

As with other opioid settlements, all funds would need to be spent on prevention, treatment and harm reduction.  These new settlement funds would add to the existing $131 million in opioid abatement funds that will come into Maine over 18 years, of which nearly $40 million will be distributed directly to eligible Maine counties, cities, and towns. For more information about the new settlement allocations, timing and attorneys’ fees, see the FAQs on the Office of Attorney General website here: Office of the Maine AG: Opioids: 2023 Opioid Settlements

 

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Vehicle Sale Scam

March 23, 2023

The Maine Attorney General’s office has learned of an active online scam involving the fraudulent sale of used and/or antique motor vehicles. Scammers are using the names of Maine businesses and individuals associated with those businesses to advertise vehicles for sale, luring unwitting buyers to wire thousands of dollars for vehicles they will never receive. The scammers are registering fraudulent website domains using the names of these Maine businesses and are using email addresses associated with those domains.   Although they do not appear to be physically based in Maine, the scammers are using phone numbers with 207 area codes.  The scammers are also using documents that appear legitimate, including Bills of Sale with details about the vehicles and VIN numbers.  The scammers are using accounts at major U.S. banks to receive funds.   

 

Consumers have reported wiring thousands of dollars believing they are purchasing vehicles from a Maine business.  After the money has been received, the scammers may continue to communicate about the delivery of the vehicle.  Once consumers express concern about the transaction, the scammers may provide excuses that sound plausible, and they may even provide tracking information or other details about the delivery.  However, eventually the scammers will cease communicating and the vehicle will never arrive.  

 

At this time, the Maine Attorney General’s office does not believe that any Maine business or individual is associated with this scam.  

 

If you believe you may be a victim of this scam, we strongly encourage you to submit a consumer complaint to the Maine Attorney General’s office using the online form available at https://www.maine.gov/ag/consumer/complaints/complaint_form.shtml and to file a complaint with the FBI’s Internet Crime Complaint Center (IC3) at https://www.ic3.gov

 

If you have concerns about a similar transaction that you are currently considering and that appears to involve a business based in Maine, please contact the Consumer Protection Division of the Maine Attorney General’s office immediately at (207) 626-8849.  

 

 

 

 

Attorney General Aaron M. Frey Announces Lawsuits Against PFAS Manufacturers

March 29, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Announces Lawsuits 

Against PFAS Manufacturers

 

Lawsuits Filed Against 3M and DuPont for Role in “Forever Chemical” Contamination

 

 

AUGUSTA- Attorney General Aaron Frey announced today the filing of two lawsuits against manufacturers of per- and polyfluoroakyl substances or “PFAS” and PFAS-containing products. The complaints allege that the manufacturers, DuPont and 3M, among others, have known for decades that PFAS pose serious risks to human health and the environment, but instead promoted their PFAS products as safe and appropriate for widespread use in Maine. The suits allege that the defendant manufacturers knew of the science of PFAS toxicity decades ago but concealed that information from the public and continued to manufacture, sell and profit from their products containing these chemicals. 

 

            “The defendant manufacturers have willfully introduced toxic chemicals into Maine’s environment in pursuit of profit for shareholders,” said Attorney General Frey. “Maine citizens and the State are left to manage the harm these chemicals cause in our natural resources, our animals, our food, and our bodies, and the State is working overtime to manage the fallout. PFAS manufacturers must account for the environmental, health and economic damage caused by their actions.”

 

The two actions filed in the Superior Court in Cumberland County will seek to recover all costs to investigate, clean up, restore, treat, monitor and otherwise respond to the contamination of Maine’s natural resources. The State has also asked the Court to void certain corporate transactions between DuPont and its affiliates designed to insulate DuPont from PFAS-related liabilities. 

“PFAS contamination threatens the health of our people, our wildlife, our environment, and our future. My Administration, working closely with the Legislature, has spearheaded one of the strongest efforts in the nation to address PFAS, but more work remains – particularly holding accountable the large manufacturers responsible for this serious problem,” said Governor Janet Mills. “Evidence indicates that, for many years, DuPont, 3M and the other defendant manufacturers knew that PFAS posed serious risks to human health and the environment but hid that knowledge from the public while they lined their pockets at our expense. We will defend the people of Maine in the face of this recklessness. I applaud Attorney General Frey for pursuing this litigation, and my Administration will continue to work closely with him to protect the health of our state and our citizens.”

 

PFAS are highly toxic and have been shown to accumulate in people and other living organisms. They cause a wide array of harmful health effects, including cancer, thyroid disruption, ulcerative colitis, liver and kidney disease and developmental and systemic disorders. The chemicals do not biodegrade, earning them the nickname “forever chemicals.”

 

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Supporting documents

Complaint Maine AFFF Defendants

Complaint Maine Non-AFFF Defendants

Attorney General Aaron M. Frey Joins Multistate Coalition to Fight Back Against Decision to Block Medication Abortion Access

April 10, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

Attorney General Aaron M. Frey Joins Multistate Coalition to Fight Back Against Decision to Block Medication Abortion Access

 

Coalition of 24 Attorneys General Argues that Ruling to Stay FDA Approval of Mifepristone Could Endanger Lives Nationwide

 

AUGUSTA –Attorney General Aaron Frey today joined a multistate coalition to challenge the decision issued by a district court judge in the U.S. District Court for the Northern District of Texas that could restrict medication abortion access nationwide. The amicus brief, filed in the U.S. Court of Appeals for the Fifth Circuit, urges the court to stay pending appeal the district court’s ruling, which if allowed to take effect would halt the over two-decade old approval from the U.S. Food and Drug Administration (FDA) of the medication abortion drug, mifepristone. Attorney General Frey and the coalition of 24 attorneys general warn that revoking federal approval for mifepristone will drastically reduce access to safe abortion care and miscarriage management for millions of people across the country, endangering lives and trampling states’ authority to protect and promote access to abortion.  

 

“We know mifepristone is a safe, time-tested medication that has vastly improved access to abortion care,” said Attorney General Frey. “This is a ruling about control – not about safety. My office and I will continue to use every legal tool available to us to ensure reproductive freedom for Maine citizens.”  

 

This ruling comes in a challenge brought by anti-abortion groups seeking to revoke the FDA’s approval of mifepristone. On April 7, Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas, ordered the U.S. Food and Drug Administration (FDA) to stay its approval of mifepristone, which happened in 2000. The court’s order does not take effect immediately, as the district court put its ruling on hold for seven days to give the federal government and the drug manufacturer an opportunity to appeal. Attorney General Frey and the coalition are urging the appeals court to continue to stay the lower court’s unprecedented and legally erroneous decision pending the appeal, given the decades of clinical research and studies that have confirmed mifepristone’s safety and the critical role medication abortion plays in reproductive health care, particularly in low-income, underserved, and rural communities.  

 

The coalition notes that if the lower court decision takes effect, it could drastically curtail abortion access for millions of Americans. Mifepristone has been particularly critical in providing access to safe abortion care in low-income, underserved, and rural communities. According to current estimates, medication abortion accounts for over half, approximately 54 percent, of all abortions performed in the United States. Obstructing access to mifepristone would significantly increase demand for procedural abortions, resulting in later and more risky procedures, and more complicated and costly logistics for many patients, especially those where procedural abortion is unavailable. Moreover, lack of access to safe abortion care leads to worsened health outcomes and higher mortality, especially for Black women. 

 

Last month, Attorney General Frey joined Maine as a plaintiff in State of Washington, et al. v. U.S. Food and Drug Administration, et al., pending in the federal court in Washington.  On April 7, 2023, the judge in that case entered an order enjoining the FDA from altering the availability of mifepristone in those states that are parties to the lawsuit.  Maine’s participation in this case may insulate the State from the effects of the Texas decision and any subsequent Fifth Circuit appeal. 

 

Joining Attorney General Frey in filing today’s amicus brief are the attorneys general of New York, Arizona, California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin, and the District of Columbia.

 

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Office of the Attorney General Warns the Public of Paving Scams

April 11, 2023

As the weather warms, the Office of the Maine Attorney General warns consumers to watch out for paving scams.  The Office of the Attorney General has received many reports about too-good-to-be-true paving scams that end up costing consumers hundreds, or even thousands, of dollars.  

How the Scam Works

A seller of paving services comes to a consumer’s door, claiming that they just finished a nearby paving job.  They offer to pave the consumer’s driveway at a discounted rate using leftover asphalt.  The paver then gives a low estimate—or no estimate at all—and begins paving the driveway without providing a contract. After the paver completes the paving job, they will demand a much larger payment than the original estimate.  In some cases, the paver will have paved a larger-than-agreed upon area to justify the increased price.  In other cases, the paver might use intimidation or threats to get consumers to agree to the increased price.  After the paver leaves, the consumer often notices that the paving job is incomplete or shoddy.  The consumer has now lost thousands of dollars and ended up with a bad paving job. 

What Consumers Should Look For

Not all paving scams will be the same.  So here are some red flags a consumer should watch out for that indicate a scam:

  • Unlicensed pavers: Maine law requires a door-to-door seller of home repair services to be licensed by the State and carry that license if he does not have a permanent place of business in the municipality where he is soliciting work.  Ask whether the paver has a permanent place of business in your municipality.  If the answer is no, ask to see the license.   You can verify the license online at https://www.maine.gov/pfr/professionallicensing/professions/regulation-transient-sales/online-services
  • A story about leftover asphalt from a nearby job:   Reputable sellers of paving services will be careful to measure out the right amount of asphalt for a job and, due to the way hot asphalt is laid and compacted, leftover asphalt is usually not immediately useable. 
  • Too-good-to-be-true pricing: Be careful if an estimate for a job seems much lower than expected. 
  • Unclear estimate: Watch out for pavers who refuse to give a clear estimate or measure out the site in advance.  They are trying to avoid giving a firm price so they can strong-arm you into paying a higher price after the job is complete. 
  • No contract:  Make sure to sign a contract before the paver begins any work.  Maine law requires door-to-door sellers of paving services to provide a written contract with specific provisions, including the seller’s name and address, the date, the terms of sale, a three-day notice period, signatures of the seller and the consumer, and a statement that work cannot be started until the three-day notice period has expired.  A scammer will often refuse to give a contract before beginning work so you don’t know your rights and can’t prove the original estimate.
  • Pavers who want to begin work immediately: Maine law requires sellers of door-to-door paving services to wait three days after solicitation to begin a paving job.   This waiting period is to ensure that consumers avoid a high-pressure sales situation.  If a paver wants to begin work right away, they may be trying to make sure you feel pressured to agree to the job.
  • Asking for cash payments: Scammers often prefer cash payments so any money tied to their illegal transactions can’t be traced or recovered.   Some scammers will accept a cash payment and then flee before beginning any work.

Scammed? What Consumers Can Do

  • Know your rights:  Consumers are protected from paving scams by the following laws: The Consumer Solicitation Sales Act (32 M.R.S.A. §§4661-4671), The Transient Sales Act (32 M.R.S.A. §§14701-14716), The Door-to-Door Seller of Home Repair Services Act (32 M.R.S.A. §§14501-14513).  The Maine Consumer Law Guide gives more information about how these laws protect Maine consumers from predatory pavers.  https://www.maine.gov/ag/consumer/lawguidearticle.shtml?id=27932

 

  • Cancel your contract: If a door-to-door seller of paving services began the paving job within three days of the solicitation, you can cancel the contract even if the job has been completed.  You must cancel in writing and send your written cancellation to the seller.   Once you have cancelled within the three-day period, you are under no obligation to pay for any work, even work that was already done.

 

  • Contact law enforcement: Call your local police department.  Then file a complaint online with the Office of the Attorney General’s Consumer Protection division at https://www.maine.gov/ag/consumer/complaints/index.shtml  You can also call the Consumer Protection Division to file a complaint Monday through Thursday, from 9:00 AM to 12:00 PM at (207) 626-8849, or at (800) 436-2131.

Attorney General Aaron M. Frey Announces Filing of Civil Rights Complaint

April 12, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

Attorney General Aaron M. Frey Announces Filing of Civil Rights Complaint

 

Lewiston Man Accused of Threatening to Kill Black Woman in Racist Tirade

 

 

AUGUSTA- Attorney General Aaron Frey announced today that he has filed a complaint under the Maine Civil Rights Act in Androscoggin County Superior Court against Charles Barnes, age 45, of Lewiston, Maine.  The complaint alleges that on or about August 30, 2022, Barnes relayed a threatening voicemail to a 32-year-old Black woman, asserting that he had been parked outside her apartment and was “waiting for someone to step outside and the first one who does is gonna die.”  He went on to threaten that “I don’t care if it’s her kid, or her, or her boyfriend.   I don’t care...I’m killing me a [racial epithet].”  

 

The victim called the Lewiston police and Barnes was arrested for the crime of terrorizing.  His criminal case is pending.

 

The Attorney General’s complaint under the Maine Civil Rights Act requests a civil injunction prohibiting Barnes from having any contact with the victim or any member of her family and from violating the Maine Civil Rights Act in the future.

 

 “The defendant’s statements amount to an outrageous threat of violence against the victim and all persons of color,” said Attorney General Frey. “My office will take action under the Maine Civil Rights Act to enjoin racist threats that cause fear in our community and to prevent such threats from escalating into acts of violence.”  

 

The Maine Civil Rights Act authorizes the Attorney General to bring an action against any person who uses physical force or violence, the threat of physical force or violence, property damage or the threat of property damage against another person motivated by bias against the other person’s race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation or gender identity.  A knowing violation of an order issued under the Civil Rights Act is a Class D crime punishable by up to 364 days in jail and a $2,000 fine.  

 

The Attorney General’s Office would like to thank the Lewiston Police Department for their work on the case.

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Report of the Attorney General on the Use of Deadly Force Mexico October 13 2022

April 14, 2023

Supporting documents

2022 Mexico Deadly Force Incident

Attorney General Aaron M. Frey Announces Distribution of $141 Million Settlement to Millions of Low-Income Americans Deceived by TurboTax Owner Intuit

May 5, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Announces Distribution of $141 Million Settlement to Millions of Low-Income Americans Deceived by TurboTax Owner Intuit 

 

Consumers to Receive Checks in the Mail from Multistate Settlement Without Needing to File a Claim

 

 

AUGUSTA – Attorney General Aaron Frey today announced that consumers who were tricked by TurboTax’s owner Intuit into paying for free tax services will begin receiving checks from a $141 million multistate settlement announced in May 2022. Approximately 4.4 million consumers nationwide will receive checks in the mail from the multistate settlement. Maine will receive more than $740,000 for over 24,000 residents who were tricked into paying to file their federal tax return. Eligible consumers will be contacted by email about the settlement. Checks will be mailed throughout May 2023.

 

“This was a classic bait and switch that harmed Maine consumers – promises of free services lured Mainers in, but the company knew that the services consumers needed actually cost money,” said Attorney General Frey.  “Citizens should be able to trust that advertisements mean exactly what they say, especially for services like tax filing that can be confusing and stressful. I’m pleased that consumers deceived by Intuit’s false advertising will begin receiving their financial compensation.”

 

Eligible consumers include those who paid to file their federal tax returns through TurboTax for tax years 2016, 2017, and 2018 but were eligible to file for free through the IRS Free File Program. Consumers who are eligible for a payment will be notified by email by the settlement fund administrator, Rust Consulting. These consumers will receive a check in the mail automatically, without filing a claim. Checks are expected to be mailed out starting next week.

 

The amount each consumer receives will be based on the number of tax years for which they qualify. Most consumers are expected to receive between $29 and $30. For more information about who is covered by the settlement, and information about the settlement fund, please visit www.AGTurboTaxSettlement.com.  

 

 

 

 

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Attorney General Aaron M. Frey Joins Multistate Coalition to Urge U.S. Supreme Court to Preserve Consumer Protection Watchdog

May 16, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Joins Multistate Coalition to Urge U.S. Supreme Court to Preserve Consumer Protection Watchdog 

 

Coalition of 24 Attorneys General Stresses that the CFPB Provides Essential Protections for Millions of Americans

 

AUGUSTA –Attorney General Aaron Frey joined a multistate coalition in submitting an amicus brief to the Supreme Court, urging the Court to overturn a decision of the U.S. Court of Appeals for the Fifth Circuit that threatens the future operation of the Consumer Financial Protection Bureau (CFPB) and the viability of more than ten years of the agency’s regulatory and enforcement actions. The CFPB was set up to create nationwide consumer protection standards and to work with, and supplement, individual state agencies. In Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., the Fifth Circuit concluded that the agency’s operations violate the U.S. Constitution’s Appropriations Clause because it does not receive an annual appropriation from Congress and is instead funded through the Federal Reserve . The court ordered that a payday lending regulation created by the agency be vacated. The coalition of 24 attorneys general, led by New York Attorney General Letitia James, urges the Supreme Court to reverse because the Fifth Circuit’s decision will jeopardize the beneficial consumer protection and regulatory actions taken by the CFPB.  

 

Banks, lending companies and financial institutions are incredibly sophisticated forces that have the influence and resources to exert significant power over consumers,” said Attorney General Frey. “The Consumer Financial Protection Bureau (CFPB) works to elevate the position of consumers by increasing fairness in the consumer transactions with these financial entities. It would be disastrous for consumers to lose the enforcement and regulatory power of the CFPB.” 

 

In the aftermath of the 2008 financial crisis, Congress established the CFPB to play a critical role in the stability of key sectors of the financial market and protect consumers against unfair and abusive business practices. Since its establishment, the CFPB has created and enforced nationwide consumer financial standards in areas ranging from mortgage lending requirements to debt-collection practices. Additionally, many CFPB regulations target financial sectors where individual states may face challenges in regulating fraudulent and abusive practices. 

 

Attorney General Frey and the coalition note that if the appellate court decision takes effect, it could drastically restrict consumer protection efforts in their states and would harm millions of Americans. The Fifth Circuit had invalidated a prior regulation issued by the CFPB, after concluding that the CFPB’s funding was unconstitutional. Attorney General Frey and the coalition caution that this approach, if adopted by the Supreme Court, could result in the invalidation of numerous CFPB rules and other regulatory actions. That result would harm millions of consumers around the country, while destabilizing the consumer financial sector. The amicus brief urges that this result is not mandated by the Constitution. 

 

Joining Attorney General Frey in filing today’s amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, Wisconsin, and the District of Columbia. 

 

 

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Attorney General Aaron M. Frey Sues Avid Telecom Over Illegal Robocalls

May 23, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Sues Avid Telecom Over Illegal Robocalls  

 

 

AUGUSTA- Attorney General Aaron M. Frey today sued Michael D. Lansky, LLC, which does business under the name Avid Telecom, its owner Michael Lansky, and its vice president Stacey S. Reeves, for allegedly initiating and facilitating billions of illegal robocalls to millions of people and violating the Telephone Consumer Protection Act, the Telemarketing Sales Rule, and other federal and state telemarketing and consumer laws. Avid Telecom sent or transmitted more than 7.5 billion calls to telephone numbers on the National Do Not Call Registry.

 

“Robocalls are not only a nuisance, but they are used to obtain personal and financial information from unassuming victims,” said Frey. “Our office receives complaints about these calls every day, so I am pleased to join an effort to stop these illegal robocalls and enforcing the law against the originators of the calls.”

 

Avid Telecom is a Voice over Internet Protocol (VoIP) service provider that sells data, phone numbers, dialing software, and/or expertise to help its customers make mass robocalls. It also serves as an intermediate provider and allegedly facilitated or helped route illegal robocalls across the country. Between December 2018 and January 2023, Avid sent or attempted to transmit more than 24.5 billion calls. More than 90 percent of those calls lasted less than just 15 seconds, which indicates they were likely robocalls. Further, Avid helped make hundreds of millions of calls using spoofed or invalid caller ID numbers, including more than 8.4 million calls that appeared to be coming from government and law enforcement agencies, as well as private companies.  

 

Avid Telecom allegedly sent or transmitted scam calls about Social Security Administration scams, Medicare scams, auto warranty scams, Amazon scams, DirecTV scams, credit card interest rate reduction scams, and employment scams. 

 

The USTelecom-led Industry Traceback Group, which notifies providers about known and suspected illegal robocalls sent across their networks, sent at least 329 notifications to Avid Telecom that it was transmitting these calls, but Avid Telecom continued to do so. 

 

Today’s legal action arises from the nationwide Anti-Robocall Multistate Litigation Task Force of 51 bipartisan attorneys general. The task force is investigating and taking legal action against those responsible for routing significant volumes of illegal robocall traffic into and across the United States. The Federal Trade Commission and the Social Security Administration’s Office of the Inspector General provided investigative assistance in this matter. 

 

Attorney General Frey is joined in filing today’s complaint by the Attorneys General of Alabama, Arizona, Arkansas, California, Colorado, Connecticut, D.C., Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. 

A copy of the complaint is available HERE

 

 

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Attorney General Aaron M. Frey Announces $102.5 Million Settlement with Suboxone Maker for Alleged Illegal Monopoly Tactics

June 2, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Announces $102.5 Million Settlement with Suboxone Maker for Alleged Illegal Monopoly Tactics

 

 

 

AUGUSTA – Maine Attorney General Aaron Frey announced that 42 states, led by Wisconsin Attorney General Josh Kaul, have negotiated a nationwide $102.5 million settlement with the maker of Suboxone, Indivior Inc. Suboxone is a drug used to treat opioid use disorder. Maine will receive approximately $3 million from the settlement.

 

“Manipulating the market for a life-saving drug needed by vulnerable citizens in order to increase company profits is unconscionable,” said Attorney General Frey. “We hope that this lawsuit shows drug manufacturers that we are watching and will not tolerate conduct that violates our antitrust laws and shamelessly exploits our consumers.”  

 

In 2016 the States filed a complaint against Indivior Inc. alleging that it used illegal means to switch the Suboxone market from tablets to film while attempting to destroy the market for tablets, in order to preserve its drug monopoly. Trial had been set for September 2023.

 

The agreement, which will be submitted to the court in the Eastern District of Pennsylvania for approval, requires Indivior to pay the states $102.5 million. Indivior is also required to comply with negotiated injunctive terms that include disclosures to the States of all citizen petitions to the FDA, introduction of new products, or if there is a change in corporate control, which will help the States ensure that Indivior refrains from engaging in the same kind of conduct alleged in the complaint. 

 

Joining Maine in filing the lawsuit are forty-one other states, including Alabama, Alaska, Arkansas, California, Colorado, District of Columbia, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin.

 

Attorney General Frey would like to extend his thanks to Consumer Protection Division Chief Assistant Attorney General Christina Moylan for her extensive work on this effort. 

 

 

 

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Attorney General Aaron M. Frey Announces Civil Rights Complaint Filing

June 28, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Announces Civil Rights Complaint Filing

 

Florida Woman Accused of Threatening to Run Over Asian-American 

Woman Visiting Kennebunkport  

 

 

AUGUSTA –Attorney General Aaron Frey announced today that he has filed a civil rights enforcement action against Vicki Lush, age 66, of Port St. Lucie, Florida, for threats against an Asian-American woman on June 6, 2023, in Kennebunkport.  The Attorney General’s complaint seeks an order protecting the victim, by prohibiting Lush from having any contact with her and from violating the Maine Civil Rights Act in the future.

 

“Maine should be a safe, welcoming place for everyone,” said Attorney General Aaron Frey. “The Maine Civil Rights Act recognizes that bias-based incidences like this one cause not only extreme harm to the victim but also to others in the community who might fear similar, unlawful, treatment. That is why my office will continue to pursue civil injunctions to protect communities targeted for their identities.” 

 

According to the complaint, on the afternoon of June 6, 2023, Lush got into a dispute with the woman while the woman was sampling chowder at a retail seafood establishment.  Lush referred to the woman as a “foreigner,” telling her to go back to “your country.”   The woman, who was visiting Maine from her home in Massachusetts, responded that “you wouldn’t say this to a white person.”  Lush responded by calling her a “Chinese [expletive].”  In the parking lot, Lush threatened to hit the woman with her van and swerved her van in the direction of the woman.  Lush admitted that she told the woman, “you have no idea who you are messing with,” “I’ll lay you out right here,” “get out of my way or I’ll run you over,” and “you foreigners need to go home.”  

 

 

The Maine Civil Rights Act prohibits the use of violence, the threat of violence, or property damage against any person motivated by that person’s race, color, religion, sex, ancestry, national origin, physical or mental disability or sexual orientation.  Any violation of an injunctive order under the act is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.  

 

The Attorney General’s Office would like to thank the Kennebunkport Police Department for the investigation of this case and its prompt referral to the Attorney General for enforcement under the Maine Civil Rights Act.

 

 

 

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Deadly Force Review Panel Report- Portland October 9, 2021

July 6, 2023

Supporting documents

2021 Portland Deadly Force Review Panel Report

Deadly Force Review Panel Report- Presque Isle June 5, 2022

July 6, 2023

Supporting documents

2022 Presque Isle Deadly Force Review Panel Report

Attorney General Aaron M. Frey Announces Maine Civil Rights Act Complaint

July 17, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Announces Maine Civil Rights Act Complaint

 

New Hampshire Man Allegedly Threatened Violence Against Former Employee

 

 

AUGUSTA – Attorney General Aaron Frey announced today that he has filed a complaint under the Maine Civil Rights Act against Kenneth MacInnis, age 48, of New Ispwich, New Hampshire for threats against a Black man on April 24, 2023, at the Oxford Casino in Oxford, Maine.  The Attorney General’s complaint seeks an order prohibiting MacInnis from having any contact with the victim and from violating the Maine Civil Rights Act in the future.

 

According to the complaint, MacInnis had previously supervised the victim, a Black, South Sudanese man, at the Whole Foods Market in Portland.  The victim had sued another manager and Whole Foods Market and that case was resolved on March 24, 2023.

 

On April 4, 2023, the victim was enjoying an evening at the roulette table at Oxford Casino.  He was not aware that MacInnis was at the casino, until MacInnis walked over from the bar and stood behind the victim’s chair for approximately five minutes.  MacInnis then greeted the victim with “Hey Blackie” and told the victim, “I want to smack the [expletive] out of you.”  When the victim asked why, MacInnis responded, “you know why.”  MacInnis then hit the back of the victim’s chair with his hand and began to walk away.   He stopped briefly, turned, and pointed at the victim, warning him, “you’re lucky today” before walking back to the bar. 

    

The victim notified the casino of the incident.  The casino’s security confronted MacInnis, who admitted that he had told the victim that he would slap the victim but asserted that he was kidding.  

 

“Maine should be a welcoming place for hard-working immigrants like the victim in this case,” said Attorney General Frey. “While from New Hampshire, the defendant supervises people in Maine. I want to be clear that threats of violence based on race, color, ancestry, or national origin will not be tolerated in our state.”

 

The Maine Civil Rights Act prohibits the use of violence, the threat of violence or property damage against any person motivated by that person’s race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation, or gender identity.  Any violation of an injunctive order under the act is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.  

 

The Attorney General’s Office would like to thank the Oxford Police Department and the Oxford Casino Security staff for their investigation of this case.

 

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Attorney General Aaron M. Frey Partners with Law Enforcers Nationwide to Announce Enforcement Sweep to Stem the Tide of Illegal Telemarketing Calls to U.S. Consumers

July 18, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Partners with Law Enforcers Nationwide to Announce Enforcement Sweep to Stem the Tide of Illegal Telemarketing Calls to U.S. Consumers

 

New actions target those who distributed or facilitated billions of illegal calls

 

 

AUGUSTA – Maine, the Federal Trade Commission, and other law enforcement partners nationwide including attorneys general from all 50 states and the District of Columbia, announced a new crackdown on illegal telemarketing targeting operations responsible for billions of calls to U.S. consumers.

 

The joint state and federal “Operation Stop Scam Calls” initiative builds on the efforts of Maine and other state and federal partners to combat the scourge of illegal telemarketing, including robocalls. This initiative targets telemarketers and the companies that hire them as well as lead generators who deceptively collect and provide consumers’ telephone numbers to robocallers and others, falsely representing that these consumers have consented to receive calls. It also targets Voice over Internet Protocol (VoIP) service providers who facilitate tens of billions of illegal robocalls every year, which often originate overseas.  

 

“These calls are one of the key ways for scammers to get financial and personal information from unsuspecting victims,” said Attorney General Frey. “My office hears from Mainers every day who have been victimized by these calls. I’m grateful for our partnerships across the country to prioritize this important matter.”

 

“Today, government agencies at all levels are united in fighting the scourge of illegal telemarketing. We are taking action against those who trick people into phony consent to receive these calls and those who make it easy and cheap to place these calls,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection, who appeared at a news conference in Chicago announcing the initiative. “The FTC and its law enforcement partners will not rest in the fight against illegal telemarketing.”

 

As part of Operation Stop Scam Calls, Attorney General Frey initiated legal action against Avid Telecom in May. 

 

Maine’s actions build on the work of its state and federal partners including the FTC, which announced five new cases against companies and individuals responsible for distributing or assisting in the distribution of billions of illegal telemarketing calls to consumers nationwide. 

Other contributing law enforcers include the Social Security Administration Office of the Inspector General, U.S. Postal Inspection Service, the U.S. Department of Justice, and the Federal Communications Commission.

 

In addition to the law enforcement actions announced today, the FTC has a variety of materials aimed at helping consumers block unwanted telemarketing calls. This includes advice related to robocalls and other unwanted calls and information on how to spot and avoid phone scams at ftc.gov/calls. The FTC also has a new educational webpage at ftc.gov/RobocallScams that includes examples of real illegal robocalls and steps people can take to avoid robocall scams.

 

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Report of the Attorney General on the Use of Deadly Force Presque Isle July 8, 2021

July 21, 2023

Supporting documents

2021 Presque Isle Deadly Force Incident

Deputy Superintendent of Correctional Facilities Charged with Theft and Bribery

July 26, 2023

 

 

 

Deputy Superintendent of Correctional Facilities Charged with Theft and Bribery

 

Defendant allegedly engaged in long-standing kickback scheme

 

 

BANGOR – On July 24, 2023, detectives of the Office of the Maine Attorney General charged Gerald E. Merrill, Jr. with one count of theft by unauthorized taking and one count of bribery in official and political matters.   The complaint alleges that Merrill, who is currently employed as Deputy Superintendent of the Mountain View Correctional Facility in Charleston and the Downeast Correctional Facility in Machiasport, engaged in a long-running scheme using State funds to purchase products from certain vendors in exchange for illegal kickback payments. An investigation was launched after the Maine State Auditor’s Office noticed an irregular volume of funds being spent on purchase cards under Merrill’s control. 

 

“These allegations that a public official who is entrusted with the stewardship of public money and the execution of essential government duties has abused that trust for personal gain are disturbing. While evidence of public corruption is thankfully rare in Maine, my office, Commissioner Liberty, and Auditor Dunlap take these allegations incredibly seriously,” said Attorney General Aaron M. Frey. “I want to thank my team in the Office of the Attorney General, as well as the State Auditor for ensuring that Maine citizens are faithfully represented and responding swiftly to bring Mr. Merrill to account.” 

 

“I am deeply disturbed by these allegations and fully support the actions of the Attorney General’s Office,” said Randy Liberty, Commissioner of the Maine Department of Corrections. “The Maine Department of Corrections expects its employees, like all State employees, to adhere to the highest standards of ethical and professional conduct and failure to do so is unacceptable. The Department will fully support and assist the Attorney General’s Office in its work, and, working closely with the Department of Administrative and Financial Services, we will ensure appropriate action is taken in response to this serious matter.”

 

On July 25, 2023, Attorney General detectives and members of the Maine State Police executed search warrants at Mountain View Correctional Facility and at Merrill’s residence, taking Merrill into custody pursuant to an arrest warrant. Merrill was transferred to the Penobscot County Jail pending his posting of bail. 

 

“While such occurrences are uncommon in every level of government, the charges filed in this case illustrate the importance of vigilance by all employees and the critical role that the Offices of the State Auditor and Attorney General play in assuring that public trust is maintained in the daily work of government,” said Auditor Matthew Dunlap. “The original audit work performed by the Office of the State Auditor was conducted with the same care and attention to detail that are attributes of all the work undertaken by this office. This situation was discovered through a review of routine transactions and identifying certain patterns, and we are proud of the work of the staff at the Office of the State Auditor, just as we are proud to stand with our colleagues in state government who work hard every day to serve the people of Maine with honesty and integrity. It is our pledge to the people of Maine that we will continue to strive to be vigilant on their behalf and to those colleagues in every aspect of public trust that we will work to improve and enhance their missions.”

 

Merrill will make an initial appearance in Bangor before the Unified Criminal Docket at 1:00pm on Wednesday, July 26. 

 

 

 

 

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Report of the Attorney General on the Use of Deadly Force Augusta October 13, 2021

August 4, 2023

Supporting documents

2021 Augusta Deadly Force Incident

Attorney General Aaron M. Frey Announces Permanent Injunction for Civil Rights Violations

August 21, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Announces Permanent Injunction for Civil Rights Violations 

 

 

 

AUGUSTA – Attorney General Aaron Frey announced today that the Court granted his request for a permanent injunction under the Maine Civil Rights Act against Alisha Sayed, age 28, of Portland.  The Attorney General’s complaint alleged that Sayed threatened two Black women in Portland based upon his bias against their race or color.   The Court’s order bars Sayed from contacting the women and from violating the Maine Civil Rights Act in the future. 

 

“When victims are singled out and pursued for their race, religion, gender, or any protected identity, our laws recognize not only harm to the victims, but harm to an entire community and to society at large,” said Attorney General Frey. “My office will not hesitate to take action under the Maine Civil Rights Act to enjoin racist activity that causes fear in our community.”  

 

According to the State’s Complaint, on August 4, 2022, Sayed approached the first victim, a Black woman at the Portland Public Library, and repeatedly called her racial slurs, warning her, “[w]atch your back. I’m coming for you. I’ll be looking for you.” Later the same day, Sayed threatened a second Black woman at a nearby apartment building, calling her racial slurs and chasing her down a hallway. 

 

Sayed was immediately arrested by the Portland Police Department and later pled guilty to charges of Criminal Threatening and Terrorizing. He was sentenced to 90 days in jail.   The Attorney General filed the separate civil action for a permanent injunction to protect both victims and the public from Sayed’s bias-motivated conduct.

 

The Maine Civil Rights Act authorizes the Attorney General to bring an action against any person who uses physical force or violence, the threat of physical force or violence, causes property damage or the threat of property damage against another person motivated by bias against the other person’s race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation or gender identity.  A knowing violation of an order issued under the Civil Rights Act is a Class D crime punishable by up to 364 days in jail and a $2,000 fine.  

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Attorney General Aaron M. Frey Files Civil Rights Complaint Against Jonesboro Man

August 30, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Files Civil Rights Complaint Against Jonesboro Man 

 

Defendant Alleged to Have Threatened Interracial Family Walking Near His Home

 

 

AUGUSTA Attorney General Aaron Frey announced today that he has filed a complaint under the Maine Civil Rights Act against Dale O’Brien, age 52, of Jonesboro for threats against an interracial couple and their children on April 11, 2023, near the couple’s home in Jonesboro.  The Attorney General’s complaint seeks an order prohibiting O’Brien from having any contact with the man and from violating the Maine Civil Rights Act in the future.

 

According to the complaint, O’Brien is a neighbor of the victims, a Black man, his white wife, and their two young children. On April 11, 2023, the victims were walking their dogs with their children along a private road, which the owner had long given them permission to do. The victims were initially approached by O’Brien’s wife, who threatened that they could be shot for walking on private property. The victims informed the woman, as they had on previous occasions, that the owner of the private road had granted them explicit permission to walk along the road and that they were not trespassing. 

 

When the victims exited the private roadway approximately 20 minutes later, they heard three gunshots. O’Brien, whose property abuts the private road, came out from behind his home and began yelling at the victims and their young children to “get out,” before pointing a handgun directly at them. O’Brien only lowered the handgun after one of the victims pulled out a cell phone to record the interaction. The victims and their family feared for their safety and reported O’Brien’s behavior to the Washington County Sheriff’s Office. 

 

This incident was not the first time O’Brien had threatened the victims. Approximately one month earlier, he entered a local hardware store and told the clerk who was working that he wanted to purchase a “No Trespassing” sign because he had “a [racial epithet] problem.” O’Brien further stated that he believed there was “a [racial epithet]” who could not read and that he was going to shoot the individual if the problem continued. O’Brien further bragged that he believed he would be able to shoot the “[racial epithet]” and get away with it, referencing an event in the news where someone shot another individual and was not punished. O’Brien added that he “should be able to get away with shooting one [racial epithet] as long as he didn’t have to bring him in to tag him,” and further boasted about the specific firearm he owned. This incident alarmed the hardware store clerk, who reported the interaction to an employee of the Washington County Sherriff’s Office. 

 

Attorney General Frey commented, “There is absolutely no place in Maine for this type of behavior. A young couple walking with their children down a road they had an express right to be on should be free from the ignorant, dangerous behavior we allege the defendant subjected them to. No one should be targeted by threats of violence based on their race and my office will actively confront racist threats in our communities.” 

 

The Maine Civil Rights Act prohibits the use of violence, the threat of violence or property damage against any person motivated by that person’s race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation, or gender identity.  Any violation of an injunctive order under the act is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.  

 

The Attorney General’s Office would like to thank the Washington County Sheriff’s Office for their investigation of this case.

 

 

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Report of Attorney General on the Use Deadly Force Livermore Falls March 8, 2021

September 8, 2023

Supporting documents

2021 Livermore Falls Deadly Force Incident

Attorney General Aaron M. Frey Announces $49.5 Million Multistate Settlement with Blackbaud for Data Breach Impacting Thousands of Nonprofits and Millions of Consumers

October 5, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

Attorney General Aaron M. Frey Announces $49.5 Million Multistate Settlement with Blackbaud for Data Breach Impacting Thousands of Nonprofits and Millions of Consumers  

 

 

AUGUSTA – Attorney General Aaron M. Frey announced today that Maine, along with 49 other attorneys general, has reached a settlement with software company Blackbaud for its deficient data security practices and response to a 2020 ransomware event that exposed the personal information of millions of consumers across the United States.  Under the settlement, Blackbaud has agreed to overhaul its data security and breach notification practices and make a $49.5 million payment to states.   Maine will receive $412k from the settlement.

 

“In an age of near constant cyber threats, consumers should be able to trust that businesses are taking reasonable steps to protect private information,” said Attorney General Frey. “Blackbaud’s failure to adequately secure data and then failing to appropriately disclose the breach to users and consumers is unacceptable and should be a warning to other businesses that deal in sensitive data.”  

 

Blackbaud provides software to various nonprofit organizations, including charities, higher education institutions, K-12 schools, healthcare organizations, religious organizations, and cultural organizations.  Blackbaud’s customers use Blackbaud’s software to connect with donors and manage data about their constituents, including contact and demographic information, Social Security numbers, driver’s license numbers, financial information, employment and wealth information, donation history, and protected health information.  This type of highly sensitive information was exposed during the 2020 data breach, which impacted over 13,000 Blackbaud customers and their respective consumer constituents.  

 

Today’s settlement resolves allegations of the attorneys general that Blackbaud violated state consumer protection laws, breach notification laws, and HIPAA by failing to implement reasonable data security and remediate known security gaps, which allowed unauthorized persons to gain access to Blackbaud’s network, and then failing to provide its customers with timely, complete, or accurate information regarding the breach, as required by law.  As a result of Blackbaud’s actions, notification to the consumers whose personal information was exposed was significantly delayed or never occurred at all insofar as Blackbaud downplayed the incident and led its customers to believe that notification was not required.

 

Under the settlement, Blackbaud has agreed to strengthen its data security and breach notification practices going forward, including:

 

  • Prohibition against misrepresentations related to the processing, storing, and safeguarding of personal information; the likelihood that personal information affected by a security incident may be subject to further disclosure or misuse; and breach notification requirements under state law and HIPAA

 

  • Implementation and maintenance of incident and breach response plans to prepare for and more appropriately respond to future security incidents and breaches

 

  • Breach notification provisions that require Blackbaud to provide appropriate assistance to its customers and support customers’ compliance with applicable notification requirements in the event of a breach

 

  • Security incident reporting to the CEO and Board, enhanced employee training, and appropriate resources and support for cybersecurity

 

  • Personal information safeguards and controls requiring total database encryption and dark web monitoring

 

  • Specific security requirements with respect to network segmentation, patch management, intrusion detection, firewalls, access controls, logging and monitoring, and penetration testing, and

 

  • Third-party assessments of Blackbaud’s compliance with the settlement for 7 years.

 

Indiana and Vermont co-led the multistate investigation, assisted by the Executive Committee consisting of Alabama, Arizona, Florida, Illinois, and New York, and joined by Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

 

 

 

 

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Attorney General Aaron M. Frey Announces $10 Million Multistate Settlement Over Attempted Unauthorized Withdrawals with ACI Worldwide Over

October 17, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

Attorney General Aaron M. Frey Announces $10 Million Settlement with ACI Worldwide Over Attempted Unauthorized Withdrawals 

 

 

AUGUSTA – Attorney General Aaron Frey joined a coalition of 50 attorneys general announcing a $10 million settlement with payment processor ACI Worldwide over a 2021 testing error that led to the attempted unauthorized withdrawal of $2.3 billion from the accounts of mortgage-holders. Maine will receive over $30K from the settlement.

This case was investigated and negotiated with the state financial regulators, including the Maine Bureau of Consumer Credit Protection.  The state regulators have entered into a separate agreement with ACI for an additional $10 million.


ACI Payments, a subsidiary of ACI Worldwide Corp., is a payment processor for a variety of third-party clients, including mortgage servicers. Nationstar Mortgage, known publicly as Mr. Cooper, offered ACI’s Speedpay product to its customers so they could schedule and electronically pay their monthly mortgage payments through the Automated Clearing House (ACH) system. On April 23, 2021, ACI was testing the Speedpay platform when it erroneously submitted live Mr. Cooper consumer data into the ACH system. This resulted in ACI erroneously attempting to withdraw mortgage payments from hundreds of thousands of Mr. Cooper customers on a day that was not authorized or expected. In many cases, consumers were subjected to the attempted withdrawal of multiple mortgage payments from their personal bank accounts. While the vast majority of withdrawals did not ultimately go through or were reversed, 1.4 million transactions totaling $2.3 billion were processed, impacting 477,000 Mr. Cooper customers. While ACI took corrective steps to minimize the impact of the testing error, in some cases consumers were not able to access the money at issue and were forced to incur overdraft or insufficient funds fees. Impacted consumers have received restitution from ACI and through other related settlements.


“Institutions that withdraw directly from our bank accounts for critical expenses like mortgages hold extreme power and must be held to accordingly high standards. This settlement is the culmination of partnership with the Maine Bureau of Consumer Credit Protection and I am proud to have collaborated with them to protect Mainer’s financial assets. 


The investigation determined that the April 2021 incident was possible due to significant defects in ACI’s privacy and data security procedures and technical infrastructure related to the Speedpay platform. In addition to the $20 million payment to the states, today’s settlement requires ACI to take steps to avoid any future incidents, including requiring ACI to use artificially created data rather than real consumer data when testing systems or software, and requiring ACI to segregate any testing or development work from its consumer payment systems.

 

 

 

 

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Attorney General Aaron M. Frey Announces Multistate Lawsuit against Meta for Social Media Harms to Children

October 24, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Announces Multistate Lawsuit against Meta for Social Media Harms to Children 

 

 

 

AUGUSTA – Today, 42 attorneys general throughout the country sued Meta in federal and state courts alleging that the company knowingly designed and deployed harmful features on Instagram and its other social media platforms that purposefully addict children and teens. At the same time, Meta falsely assured the public that these features are safe and suitable for young users.

The attorneys general assert that Meta’s business practices violate state consumer protection laws and the federal Children’s Online Privacy Protection Act (COPPA). These practices have harmed and continue to harm the physical and mental health of children and teens and have fueled what the U.S. Surgeon General has deemed a “youth mental health crisis” which has ended lives, devastated families, and damaged the potential of a generation of young people.

“Children are incredibly vulnerable to the manipulation of social media companies. We believe Meta misled the public and prioritized their profits over the health and wellbeing of children,” said Attorney General Frey. “The allegations suggest an egregious violation of consumer protection laws and public trust.” 

The federal complaint, joined by 33 states and filed in U.S. District Court for the Northern District of California, alleges that Meta knew of the harmful impact of its platforms, including Facebook and Instagram, on young people. Instead of taking steps to mitigate these harms, it misled the public about the harms associated with use of its platform, concealing the extent of the psychological and health harms suffered by young users addicted to use of its platforms. The complaint further alleges that Meta knew that young users, including those under 13, were active on the platforms, and knowingly collected data from these users without parental consent. It targeted these young users noting, as reported in a 2021 Wall Street Journal article, that such a user base was “valuable, but untapped.” 

While much of the complaint relies on confidential material that is not yet available to the public, publicly available sources including those previously released by former Meta employees detail that Meta profited by purposely making its platforms addictive to children and teens. Its platform algorithms push users into descending “rabbit holes” in an effort to maximize engagement. Features like infinite scroll and near-constant alerts were created with the express goal of hooking young users. These manipulative tactics continually lure children and teens back onto the platform. As Aza Raskin, the original developer of the infinite scroll concept, noted to the BBC about the feature’s addictive qualities: “If you don't give your brain time to catch up with your impulses, . . . you just keep scrolling.”

Meta knew these addictive features harmed young people’s physical and mental health, including undermining their ability to get adequate sleep, but did not disclose the harm nor did they make meaningful changes to minimize the harm. Instead, they claimed their platforms were safe for young users.

These choices, the complaint alleges, violate state consumer protection laws and COPPA. The federal complaint seeks injunctive and monetary relief to rectify the harms caused by these platforms.

In parallel complaints filed in state courts today, eight states have made similar allegations. Tennessee’s state complaint, for example, is seeking injunctive and monetary relief for Instagram’s unfair and deceptive acts. It alleges that Meta designed Instagram to be addictive, purposefully targeted children and teens, and took advantage of their biologically limited capacity for self-control. Meta knew, the complaint alleges, of the wide range of harms compulsive use caused, including increased levels of depression, anxiety, and attention deficit disorders; altered psychological and neurological development; and reduced sleep. Yet, the company continued to assure the public Instagram was safe and concealed the known significant risks of the platform.

These lawsuits are the result of a bipartisan, nationwide investigation led by Weiser and Tennessee Attorney General Jonathan Skrmetti. Nearly all the attorneys general in the country have worked together since 2021 to investigate Meta for providing and promoting its social media platforms to children and young adults while use is associated with physical and mental health harms. While some states have pursued litigation in state court and others in collective federal action, the attorneys general will continue to work together as the litigation continues.

The multistate coalition that brought today’s complaint is also investigating TikTok’s conduct on a similar set of concerns. That investigation remains ongoing, and states have pushed for adequate disclosure of information and documents in litigation related to TikTok’s failure to provide adequate discovery in response to requests by the Tennessee Attorney General’s office.

States joining the federal lawsuit are Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Virginia, Washington, West Virginia, and Wisconsin. Florida is filing its own federal lawsuit in the U.S. District Court for the Middle District of Florida. 

Filing lawsuits in their own state courts are the District of Columbia, Massachusetts, Mississippi, New Hampshire, Oklahoma, Tennessee, Utah, and Vermont.

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Statement of Attorney General Aaron Frey on Lewiston Shootings

October 26, 2023

FOR IMMEDIATE RELEASE

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Statement of Attorney General Aaron M. Frey on Shootings in Lewiston

 

My heart continues to ache for the loss of life and infliction of harm perpetrated on the people of Lewiston last night. As citizens across this state mourn the tragic and senseless events that occurred almost 24 hours ago, it is important to give law enforcement the space it requires to conduct its work in this continuing and developing situation. This includes abiding by all orders to shelter in place and keeping law enforcement informed of suspicious activity. Our public safety and law enforcement officials are working tirelessly to follow leads and gather information in order to apprehend the suspect, and our collective support in these ways is crucial.

 

I have every confidence that the talented professionals leading this manhunt and ongoing investigation are bringing all assets to bear to locate the suspect and to reconstruct the events surrounding his actions. Those efforts are multiplied by a range of local, state and federal partners who are collaborating with forces in Lewiston and surrounding areas. The Office of the Attorney General stands behind this intensive effort and is prepared to vigorously prosecute these heinous acts of violence. At the same time, my office will devote its considerable expertise and talent to facilitate support for those affected by the shootings and provide guidance and resources to the victims’ loved ones.

 

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Statement of Attorney General Aaron Frey Directing Lewiston Victims to Family Assistance Center

October 28, 2023

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

Statement of Attorney General Aaron Frey Directing Lewiston Victims to Family Assistance Center

 

Now that the manhunt for the perpetrator of this heinous crime has concluded, I want to express my deep appreciation and sincere gratitude for the scores of local, state, and federal law enforcement agents who worked tirelessly to protect our communities throughout this crisis. While Lewiston and all of Maine may rest a little easier knowing this immediate threat is addressed, the important work of supporting each other to heal lies ahead. To that end, my office is collaborating with Maine State Police, the FBI Victim Services Division and the Red Cross to stand up a Family Assistance Center (“FAC”), where victims and their support people can access mental health services, financial aid, spiritual care, and victim advocacy services in one location. For information about the FAC, its hours and location, as well as information about a separate, community-wide mental health support location, please see the FBI’s Victim Services Page here: Resources for Victims: Lewiston, Maine Shootings — FBI While these days will go down as some of the darkest in Maine history, I know that Mainers have and will continue to come together to honor the deceased and support survivors to move forward. 

 

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Office of the Attorney General and Maine State Police Announce Release of Investigatory Documents in Mass Shooting

October 31, 2023

FOR IMMEDIATE RELEASE

Contact:

Danna Hayes, OAG

Danna.hayes@maine.gov

Shannon Moss, MSP

Shannon.Moss@maine.gov

Office of the Attorney General and Maine State Police Announce Release of Investigatory Documents in Mass Shooting

AUGUSTA -The Office of the Attorney General and Maine State Police are announcing the release of documents in the investigation into mass shooter, Robert Card. The release includes the arrest warrant and accompanying affidavit, as well as the search warrants for Card's phone, home, and vehicle. Given the significant interest in these documents, the organizations have created a website to house the documents for convenient public viewing here:

https://sites.google.com/view/lewistonmassshootingdocuments/home

The documents have been redacted to protect any confidential information.

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Attorney General Aaron M. Frey Cautions Those Seeking to Donate to Lewiston Charities to Avoid Scams

November 16, 2023

Attorney General Aaron M. Frey Cautions Those Seeking to Donate to Lewiston Charities to Avoid Scams

AUGUSTA - As Mainers continue the long recovery after the horrific mass shooting in Lewiston, Attorney General Aaron Frey is warning residents to use caution when choosing where to send their money and donations.

"Mainers are generous people and when tragedy strikes, I know the noble urge to support victims and impacted communities is strong," said Attorney General Frey. At the same time, we know that scammers take advantage of people's generosity and want to remind the public to make sure you know where your donation is going.

Before donating, donors are urged to keep the following tips in mind: Do not give cash. Never give out a credit card number over the phone. Do not give in to pressure to give money on the spot or allow a "runner" to pick up a contribution. The charity that needs your money today will welcome it just as much tomorrow. Always request literature from phone solicitors. If they want your pledge first, hang up or ask for a number so you can call them back. Before donating, check out the charitable organization on databases from Council of Better Business Bureaus Wise Giving Alliance (www.give.org), Charity Watch (www.charitywatch.org) or Charity Navigator (www.charitynavigator.org) to vet charities.

For more information about consumer rights in charitable solicitations, see the OAGs Consumer Law Guide here: https://www.maine.gov/ag/consumer/lawguidearticle.shtml?id=27946

The Governors Office has provided several vetted options for donations here: https://www.maine.gov/governor/mills/lewiston

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Report of the Attorney General on the Use of Deadly Force Alton May 26, 2023

December 1, 2023

Supporting documents

2023 Alton Deadly Force Incident

Report of the Attorney General on the Use of Deadly Force Norridgewock March 26, 2021

December 1, 2023

Supporting documents

Norridgewock Deadly Force Incident 2021

Attorney General Aaron M. Frey Announces $700 Million Settlement with Google over Play Store Misconduct

December 19, 2023


 

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Announces $700 Million Settlement with Google over Play Store Misconduct

 

 

AUGUSTA – Attorney General Aaron M. Frey and a bipartisan group of 52 other attorneys general today announced a $700 million agreement with Google in their lawsuit about Google’s anticompetitive conduct with the Google Play Store.

 

“The alleged conduct by Google is an outrageous market manipulation that allowed it to cash in by limiting users’ choices,” said Attorney General Frey. “Google, and other large corporations are not immune from consumer protection laws. My office and other attorneys general across the country are proud to bring Google to account for this violation of consumers’ trust.”  

 

Google will pay $630 million in restitution, minus costs and fees, to consumers who made purchases on the Google Play Store between August 2016 and September 2023 and were harmed by Google’s anticompetitive practices.  Google will pay the states an additional $70 million in penalties. People eligible for restitution do not have to submit a claim – they will receive automatic payments through PayPal or Venmo, or they can elect to receive a check or ACH transfer. More details about that process will be forthcoming.  The agreement also requires Google to make their business practices more procompetitive in a number of important ways.

 

The attorneys general sued Google in 2021 alleging that Google unlawfully monopolized the market Android app distribution and in-app payment processing.  Specifically, the States claimed that Google signed anticompetitive contracts to prevent other app stores from being preloaded on Android devices, bought off key app developers who might have launched rival app stores, and created technological barriers to deter consumers from directly downloading apps to their devices.  The states announced a settlement in principle on September 5, 2023, and today released the finalized terms of that deal. 

 

The settlement requires Google to reform its business practices in the following ways:

  • Give all developers the ability to allow users to pay through in-app billing systems other than Google Play Billing for at least five years.
  • Allow developers to offer cheaper prices for their apps and in-app products for consumers who use alternative, non-Google billing systems for at least five years.
  • Permit developers to steer consumers toward alternative, non-Google billing systems by advertising cheaper prices within their apps themselves for at least five years.
  • Not enter contracts that require the Play Store to the be the exclusive, pre-loaded app store on a device or home screen for at least five years.
  • Allow the installation of third-party apps on Android phones from outside the Google Play Store for at least seven years.
  • Revise and reduce the warnings that appear on an Android device if a user attempts to download a third-party app from outside the Google Play Store for at least 5 years.
  • Maintain Android system support for third-party app stores, including allowing automatic updates, for four years.
  • Not require developers to launch their app catalogs on the Play Store at the same time as they launch on other app stores for at least four years.
  • Submit compliance reports to an independent monitor who will ensure that Google is not continuing its anticompetitive conduct for at least 5 years.

For much of this case, the attorneys general litigated alongside Epic Games and Match, two major app developers.  Match announced a separate settlement earlier this year, while Epic Games took its case to trial.  A jury unanimously found that Google’s anticompetitive conduct violated the federal antitrust laws early last week.

 

This lawsuit was led by the Attorneys General from North Carolina, Utah, Tennessee, New York, and California, and joined by the attorneys general of all remaining states, the District of Columbia and the territories of Puerto Rico and the Virgin Islands.

 

A copy of the settlement is available HERE

 

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Attorney General Aaron M. Frey Announces Successful Prosecution in Health Care and Securities Fraud Case

January 19, 2024


 

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Announces Conviction in Health Care and Securities Fraud Case 

 

Texas Man Pleads Guilty to Theft of $323k from Maine Residents 

 

 

 

AUGUSTA – Attorney General Aaron Frey announced today that Nelson P. Cowand (a/k/a Parker Cowand), 54, of Texas, pled guilty today in the Unified Criminal Court at the Cumberland County Superior Court to Securities Fraud and Theft by Deception arising from a fraudulent healthcare investment scheme.   Under a plea agreement, Cowand will serve an 8-month jail sentence and pay restitution of $253,000 to his victims.

 

Beginning in 2013 while living in Maine, Cowand engaged in a multi-year scheme of securities fraud and theft in order to finance a purported drug-testing business.   Cowand made misrepresentations and material omissions of fact to induce 6 Maine residents to pay him  $323,000 for the investment.   

 

Cowand used his personal friendships and ties to the southern Maine community to attract investors and take advantage of the trust victims placed in him.  Ultimately, Cowand diverted the victims’ money to pay himself unauthorized wages and cash withdrawals, as well as pay personal expenses such as condominium rent, retail and dining purchases, an automobile loan payment, and Dallas Cowboy tickets.

 

Under the plea agreement, Cowand has 36 months from the date of sentencing to pay back more than $195,000 in restitution. If he pays that restitution within 36 months he will be permitted to withdraw his plea of guilty to Securities Fraud, but will stand convicted of Theft by Deception.  If he fails to pay the restitution or comply with other terms of the plea agreement, his convictions to both the Securities Fraud and Theft will remain on his record and the Court will have the discretion to impose an additional period of incarceration and other sentencing terms.  Cowand will be responsible for paying the balance of restitution in the amount of $57,400 as part of the criminal judgment, an obligation which the Attorney General’s Office will be moving to collect for the benefit of the victims.      

 

“My Office stands ready to prosecute individuals who abuse the trust of their clients for personal gain,” said Attorney General Frey. “Victims of securities fraud often lose substantial resources, sometimes representing much of their life’s savings. Such crimes are becoming more sophisticated, particularly with digital and internet-based means to assist in the commission of these crimes.   It is important for consumers to remember that if an investment sounds ‘too good to be true,’ it probably is.”

 

This case was investigated by the Maine Office of Securities.   Assistant Attorneys General Gregg D. Bernstein and Kendra Lychwala handled this matter for the Attorney General’s Criminal Division.

 

 

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Report of Attorney General on the Use Deadly Force Chelsea July 23, 2023

January 26, 2023

Supporting documents

2023 Chelsea Deadly Force Incident

Report of Attorney General on the Use Deadly Force Chelsea July 23, 2023

January 26, 2024

Supporting documents

2023 Chelsea Deadly Force Incident

Attorney General Aaron M. Frey Takes Action to Protect Medication Abortion Access

January 31, 2024

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Takes Action to Protect Medication Abortion Access 

 

Coalition of 24 Attorneys General Urges U.S. Supreme Court to
 Reverse Lower Court’s Ruling Reinstating Unnecessary Restrictions on Access to Mifepristone 

 

AUGUSTA– Attorney General Aaron Frey today joined a multistate coalition of 24 attorneys general to protect access to medication abortion nationwide. The coalition filed an amicus brief in the U.S. Supreme Court supporting the U.S. Food and Drug Administration’s (FDA) and Danco Laboratories LLC’s efforts to reverse a ruling by the U.S. Court of Appeals for the Fifth Circuit that reinstated certain restrictions on the medication known as mifepristone, after the FDA had determined those restrictions were medically unnecessary. Because mifepristone is the only medication approved by the FDA for abortion care, Attorney General Frey and the coalition argue that the Fifth Circuit’s ruling reinstating medically unnecessary restrictions on mifepristone has dangerous consequences for reproductive health care outcomes, particularly for low-income and underserved communities.  

“Anti-abortion activists have claimed in overturning Roe that abortion is an issue best left to the states, but they continue to attempt to restrict access for the entire country,” said Attorney General Frey. “There is no medically justified reason for the higher burden placed on people trying to obtain mifepristone.”

Attorney General Frey and the coalition of 24 attorneys general are urging the Supreme Court to reverse the Fifth Circuit’s decision to restrict how mifepristone can be prescribed and dispensed. The amicus brief highlights that the Fifth Circuit’s decision ignores decades of high-quality evidence and clinical research that shows mifepristone is safe and effective. The coalition also pointed out that the FDA’s decisions in 2016 to approve a modified label and reform the conditions for prescribing mifepristone were supported by robust safety data and decades of clinical experience.  

The coalition notes that if the Fifth Circuit’s decision is permitted to take effect, it could disrupt access to the most common method of abortion, harming countless Americans in need of medical care or pregnancy loss management, with widespread disruptions for the health care system. Among other things, the lower court decision could lead many individuals to undergo procedural abortion, drive up risks, costs, and delays, and deprive many Americans of access to reproductive health care altogether. The coalition further argues that the ruling would create widespread confusion among providers, distributors, and pharmacies, and radically destabilize the regulatory process for drug approvals, stifling scientific innovation and imperiling the development and availability of thousands of drugs nationwide. 

Joining Attorney General Frey in submitting today’s amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.

 

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Supporting documents

Amicus Brief

Attorney General Aaron M. Frey Announces $350 million Settlement with Multinational Marketing Firm Publicis Over Role in Opioid Epidemic

February 2, 2024

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Announces $350 million Settlement with Multinational Marketing Firm Publicis Over Role in Opioid Epidemic

 

 

 

AUGUSTA – Attorney General Aaron Frey today announced a $350 million national settlement with Publicis Health to resolve investigations into the global marketing and communications firm’s role in the prescription opioid crisis. Maine will receive over $1.8 million from the settlement to help address the opioid crisis.

 

Filings describe how Publicis’ work contributed to the crisis by helping Purdue Pharma and other opioid manufacturers market and sell opioids. Court documents detail how Publicis acted as Purdue’s agency of record for all its branded opioid drugs, including OxyContin, even developing sales tactics that relied on farming data from recordings of personal health-related in-office conversations between patients and providers. The company was also instrumental in Purdue’s decision to market OxyContin to providers on patient’s electronic health records. 

 

“Publicis worked to ensure that Purdue’s products ended up in more hands, addicting more of our citizens,” said Attorney General Frey. “It made money off the opioid crisis we now face and we are holding them accountable to pay for these harms.” 

 

In agreeing to the terms of the settlement, Publicis recognized the harm its conduct caused, and the agreement will give communities hit hardest by the opioid crisis more financial support for treatment and recovery, building lasting infrastructure, and saving lives. The company will also disclose on a public website thousands of internal documents detailing its work for opioid companies like Purdue Pharma and will stop accepting client work related to opioid-based Schedule II or Schedule III controlled substances.

 

 

 

Today’s filing is the latest action Frey has taken to combat the opioid crisis and to hold accountable those responsible for creating and fueling the crisis. To date, Maine has brought in over $34 million in legal settlements with drug manufacturers and others for their roles in the crisis. 

 

Colorado led the multistate group during this investigation and was joined on an executive committee by the attorneys general of California, Connecticut, Idaho, Massachusetts, New York, North Carolina, Oregon, Tennessee, and Vermont. They are joined by the attorneys general from all states, territories, and the District of Columbia. 

 

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Deadly Force Review Panel Report- Newport July 15, 2022

February 8, 2024

Supporting documents

2022 Newport Deadly Force Review Panel Report

Deadly Force Review Panel Report- Lewiston August 5, 2019

February 8, 2024

Supporting documents

2019 Lewiston Deadly Force Review Panel Report

Deadly Force Review Panel Report- Blue Hill June 21, 2022

February 8, 2024

Supporting documents

2022 Blue Hill Deadly Force Review Panel Report

2023 Annual Report of the Deadly Force Review Panel

February 8, 2024

Supporting documents

2023 Annual Report of the Deadly Force Review Panel

Report of Attorney General on the Use Deadly Force South Portland August 25, 2023

February 23, 2024

Supporting documents

2023 South Portland Deadly Force Incident

Attorney General Aaron M. Frey Civil Rights Complaint Against Lewiston Woman

February 27, 2024


FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Civil Rights Complaint Against Lewiston Woman

 

 

 

AUGUSTA Attorney General Aaron Frey announced today that he has filed a complaint under the Maine Civil Rights Act in the Androscoggin County Superior Court against Andrea Ouellette, age 65, of Lewiston, Maine.  

 

According to the Complaint, Ouellette confronted a 31-year-old Black man while he was outside speaking with his neighbor in November of 2023.   Ouellette called the victim a racial epithet and assaulted him by throwing a pumpkin at his head.  After the assault, Ouellette yelled at the victim, “Go back to your own country!”  The victim suffered a broken tooth, broken nose, and swollen face and required surgery as a result of the assault. 

 

In January, Ouellette confronted a 48-year-old Black woman, when the victim parked her car near Ouellette’s residence. Ouellette began yelling that she could not park there, and approached the second victim with a knife, screaming racial epithets and telling her to “go back to your country or I will [expletive] kill you!”

 

The Lewiston Police Department promptly investigated both incidents and criminal charges are currently pending.

 

The Attorney General’s Complaint under the Civil Rights Act requests a civil injunction prohibiting Ouellette from having any contact with the victims or their families and from violating the Maine Civil Rights Act in the future. 

 

 “Maine should be a place where everyone, no matter what race, feels safe to live and thrive,” said Attorney General Frey. “I will use the Maine Civil Rights Act to its fullest extent to stop racist threats and violence.”   

 

The Maine Civil Rights Act authorizes the Attorney General to bring an action against any person who uses physical force or violence, the threat of physical force or violence, property damage or the threat of property damage against another person motivated by bias against the other person’s race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation or gender identity.  A knowing violation of an order issued under the Civil Rights Act is a Class D crime punishable by up to 364 days in jail and a $2,000 fine.  

 

The Attorney General’s Office would like to thank the Lewiston Police Department for their work on the case. 

 

 

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Report of the Attorney General on the Use of Deadly Force Township C September 13, 2023

March 15, 2024

Supporting documents

2023 Township C Deadly Force Incident

Report of the Attorney General on the Use of Deadly Force Deer Isle, September 10, 2023

March 15, 2024

Supporting documents

2023 Deer Isle Use of Deadly Force

Attorney General Aaron M. Frey Files Civil Rights Complaint Against Harpswell Men Accused of Spray Painting Racist and Antisemitic Messages

March 19, 2024


 

 

Attorney General Aaron M. Frey Files Civil Rights Complaint Against Brunswick Men Accused of Spray Painting Racist and Antisemitic Messages

 

 

 

AUGUSTA—Attorney General Aaron Frey announced today that he has filed a civil rights complaint in Superior Court in Portland against William Deary (age 49) and Hayden Deary (age 18), both of Harpswell.  The complaint alleges that on or about January 7, 2024, the Dearys vandalized road signs and roadways in Harpswell, Brunswick, Bath, and Topsham with antisemitic and racist phrases and symbols.

 In particular, the Dearys spray-painted the phrase “Gas Jews” on an intersection in Harpswell and on the pillars supporting an overpass at Route 1 in Bath.   They spray-painted swastikas on signs at locations along Gurnet Road and on the Cook’s Corner Exit sign in Brunswick.   In Bath, the swastika graffiti included the numbers 88 and 14.  As Defendant Hayden Deary later told the investigating officers, the number “88” means “Heil Hitler.”  According to the complaint, the number “14” further represents white supremacist and racist ideology.   

 

The antisemitic messages caused the members of a synagogue in Bath to be concerned for their safety.  An armed police officer has been posted at the synagogue during Hebrew School in response to the antisemitic messages and symbols.  In addition, the Dearys vandalized a road sign with a racial epithet a short distance from the Cook’s Corner area in Brunswick, where asylum seekers are being housed. 

 

According to the complaint, the Dearys admitted to spray-painting the racist and antisemitic words and symbols.  William Deary indicated that he was upset about immigrants moving to the Cook’s Corner area and was angry at the Jewish people for promoting the COVID-19 vaccine and sending immigrants in “to clean the white race out.”  Hayden Deary indicated that he had been frustrated by “mass immigration.”

 

“These words and symbols, defacing public property, are clearly designed to make people in our community feel unwelcome and unsafe,” said Attorney General Frey. “This behavior by father and son Deary is shocking and reprehensible. My Office will use the statutory authority provided to confront their bias-based threats.”

 

The complaint requests the court to prohibit the Dearys from vandalizing public or private property with the intent to broadcast racist or antisemitic messages.

 

The Maine Civil Rights Act prohibits the use of violence, the threat of violence or property damage against any person motivated by that person’s race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation or gender identity.  Any violation of an injunctive order under the act is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.  

 

The Attorney General’s Office would like to thank the Cumberland County Sheriff’s Office, the Bath Police Department, and the Brunswick Police Department for their investigation of this case.

 

 

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Attorney General Aaron M. Frey Sues Apple for Monopolizing Smartphone Markets

March 21, 2024

FOR IMMEDIATE RELEASE 

Contact: Danna Hayes 

Danna.hayes@maine.gov

 

 

 

Attorney General Aaron M. Frey Sues Apple for Monopolizing Smartphone Markets 

 

Frey Joins the Justice Department and 15 States in Consumer Protection Enforcement Suit 

 

 

AUGUSTA – Attorney General Aaron M. Frey has joined the Justice Department and 15 state and district attorneys general in filing a civil antitrust lawsuit against Apple for monopolization or attempted monopolization of smartphone markets in violation of Section 2 of the Sherman Act.  

 

The complaint, filed in the United States District Court for the District of New Jersey, alleges that Apple illegally maintains a monopoly over smartphones by selectively imposing contractual restrictions on, and withholding critical access points from, developers. Apple undermines apps, products, and services that would otherwise make users less reliant on the iPhone, promote interoperability, and lower costs for consumers and developers. Apple exercises its monopoly power to extract more money from consumers, developers, content creators, artists, publishers, small businesses, and merchants, among others. Through this monopolization lawsuit, the Justice Department and state Attorneys General are seeking relief to restore competition to these vital markets on behalf of the American public. 

 

“Apple knows that people rely on its products and we believe it used that reliance to lock in consumers and limit their options,” said Attorney General Frey. “This type of behavior violates all the principles of a competitive marketplace and ultimately hurts consumers.” 

 

As alleged in the complaint, Apple has monopoly power in the smartphone and performance smartphones markets, and it uses its control over the iPhone to engage in a broad, sustained, and illegal course of conduct. This anticompetitive behavior is designed to maintain Apple’s monopoly power while extracting as much revenue as possible. The complaint alleges that Apple’s anticompetitive course of conduct has taken several forms, many of which continue to evolve today, including:

 

  • Blocking Innovative Super Apps. Apple has disrupted the growth of apps with broad functionality that would make it easier for consumers to switch between competing smartphone platforms. 
  • Suppressing Mobile Cloud Streaming Services. Apple has blocked the development of cloud-streaming apps and services that would allow consumers to enjoy high-quality video games and other cloud-based applications without having to pay for expensive smartphone hardware.
  • Excluding Cross-Platform Messaging Apps. Apple has made the quality of cross-platform messaging worse, less innovative, and less secure for users so that its customers have to keep buying iPhones.
  • Diminishing the Functionality of Non-Apple Smartwatches. Apple has limited the functionality of third-party smartwatches so that users who purchase the Apple Watch face substantial out-of-pocket costs if they do not keep buying iPhones.
  • Limiting Third Party Digital Wallets. Apple has prevented third-party apps from offering tap-to-pay functionality, inhibiting the creation of cross-platform third-party digital wallets.

The complaint also alleges that Apple’s conduct extends beyond these examples, affecting web browsers, video communication, news subscriptions, entertainment, automotive services, advertising, location services, and more. Apple has every incentive to extend and expand its course of conduct to acquire and maintain power over next-frontier devices and technologies.

 

For over a century, the Department has enforced the antitrust laws against illegal monopolies, deploying the Sherman Act to unfetter markets and restore competition. As alleged in the complaint, the Department is seeking equitable relief on behalf of the American public to redress Apple’s long-running, pervasive anticompetitive conduct. 

 

Apple Inc. is a publicly traded company incorporated in California and headquartered in Cupertino, California. In fiscal year 2023, Apple generated annual net revenues of $383 billion and net income of $97 billion. Apple’s net income exceeds any other company in the Fortune 500 and the gross domestic products of more than 100 countries.  

 

Maine joined the U.S. Department of Justice, along with the Attorneys General of New Hampshire, New Jersey, Arizona, California, Connecticut, Michigan, Minnesota, New York, North Dakota, Oklahoma, Oregon, Tennessee, Vermont, Wisconsin, and the District of Columbia in filing this complaint.

 

 

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