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

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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

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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
  1. Your Mail
  2. Discarding Documents
  3. Credit Reports
  4. Phishing
  5. Opting Out
  6. Internet Purchases
• Financial Privacy Makeover
• What To Do If You Are A Victim Of Identity Theft
• Resources

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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.

5. 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.

6. 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/
7. 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).
8. Insist on Clearance letters from the creditors and/or credit reporting bureaus and keep them in your records for 10 years.
9. 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.

---

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.

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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 2^nd 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 9^th 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 6^th 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 10^th 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 10^th 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.

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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.

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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.

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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 14^th, 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 22^nd, 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.

 

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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.

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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

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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.

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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.

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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 regulatio