TOPEKA – (April 18, 2013) – The Kansas Crime Victims Compensation Board today awarded financial assistance to 118 victims of violent crime at its April meeting, Kansas Attorney General Derek Schmidt said.

Awards were made in 50 new cases. Additional expenses were paid in 68 previously submitted cases. The awards totaled $294,759.

The Division of Crime Victims Compensation in Schmidt’s office administers the Crime Victims Compensation program, which was established in 1978 to help victims of violent crime pay for their unexpected expenses such as medical treatment, mental health counseling, lost wages, dependent support and funeral costs.

The state’s three-member Crime Victims Compensation Board determines claims that are eligible for payment and decides how much money will be awarded to each claimant. Awards are limited to a maximum total amount of $25,000 with limitations of $5,000 for funeral expense, $3,500 for outpatient mental health counseling, $10,000 for inpatient mental health treatment and $1,000 for grief counseling for family survivors of homicide victims.

The program is funded by a portion of assessed court costs and fines, inmate wages, parole fees and restitution paid by convicted offenders.

For more information about the Crime Victims Compensation Program call (785) 296-2359 or visit the Attorney General's website at www.ag.ks.gov.

TOPEKA -- (April 22, 2013) -- Kansas Governor Sam Brownback signed a bill into law Monday that strengthens the state’s human trafficking statutes, with an emphasis on protecting children from commercial sexual exploitation.

"Kansas has made great strides forward in the fight against modern-day slavery with this new law," Gov. Brownback said. "This will not only strengthen our ability to severely punish traffickers, it will give us valuable new tools to protect vulnerable young victims so they can have hope of a new life and break a cycle of exploitation."

Governor Brownback and Attorney General Derek Schmidt sought input from law enforcement agencies, social service providers and key stakeholders when crafting the new law.
 
“This is the first comprehensive anti-human trafficking law in Kansas history,” said AG Schmidt. “As we have throughout our state’s history, Kansas today took another positive step in the struggle for human dignity, and I applaud the Governor and legislators for their strong dedication to this measure.”

The new law:

• Establishes a Human Trafficking Victim Assistance Fund to provide support for those victimized by human trafficking. The fund will be paid for through mandatory fines on people convicted of human trafficking and related sex crimes.
• Provides for special Child in Need of Care procedures for children who have been subjected to human trafficking and expedites expungement procedures for those convicted of selling sexual relations if they were subject to coercion.
• Creates the crime of “commercial Sexual Exploitation of a Child”, increasing the penalties of the existing crimes of patronizing a prostitute and promoting prostitution of persons under the age of 18. Increased penalties and sentencing enhancements are included for a number of other related crimes.
• Allows the Attorney General to provide additional training and tools for law enforcement.

HOWARD – (April 23, 2013) – A Longton man was sentenced Monday to life in prison without the possibility of parole for 25 years under Jessica’s Law, after being convicted on charges of child sex crimes, Kansas Attorney General Derek Schmidt said.

In November 2012, an Elk County jury convicted James William VanRoyen, 27, of nine counts of aggravated indecent liberties with a child, one count of aggravated criminal sodomy, one count of criminal sodomy, one count of aggravated indecent solicitation of a child, one count of indecent solicitation of a child and three counts of sexual battery.

District Judge Michael E. Ward handed down the sentence in Elk County District Court.

The crimes were committed between November 2006 and November 2011 against three victims. The charges stemmed from an investigation by the Elk County Sheriff’s Office. Sunlight Child Advocacy Center in El Dorado conducted forensic interviews of the victims. Assistant Attorney General Lee J. Davidson of Schmidt’s office and Elk County Attorney Kimberly B. King prosecuted the case.

PITTSBURG – (April 29, 2013) – A Pittsburg woman was sentenced today to more than 25 years in prison after pleading guilty to second-degree murder and manufacturing meth, Kansas Attorney General Derek Schmidt said.

Amie Lee Ryburn, 32, was sentenced to 304 months in the Kansas Department of Corrections. District Judge A.J. Wachter handed down the sentence in Crawford County District Court. The charges stemmed from the 2010 death of 29-year-old Pittsburg resident Ian P. Monaghan.

TOPEKA – (April 30, 2013) – Kansas has received almost $68 million this month in its annual tobacco settlement payment, an amount higher than the typical annual payment of about $55 million, Kansas Attorney General Derek Schmidt said today.

Schmidt said the increased payment this year resulted from a legal settlement he entered into last year to resolve a decade of disputes about whether Kansas had lived up to its obligations under the 1998 tobacco Master Settlement Agreement (MSA).

“Instead of losing tens of millions of dollars from the annual payment, the resolution of these disputes brought additional funds to Kansas this year,” Schmidt said. “Importantly, the settlement should help stabilize tobacco payments for several years to come, which will allow the State more certainty in its budgeting and planning process.”

Kansas and 17 other states, Puerto Rico, and the District of Columbia entered into the settlement last year after almost two years of negotiation. In March, a three-judge panel approved the Stipulated Partial Settlement and Award, clearing the way for the payments received by Kansas this month.

The dispute, which has been pending for several years, involves allegations by the major tobacco manufacturers that Kansas and other states did not “diligently enforce” their obligations under the 1998 Master Settlement Agreement. The current dispute surrounds Kansas’ enforcement conduct in 2003, but subsequent years were almost certain to be disputed as well. The new settlement agreement resolves the disputes for enforcement years 2003 through 2012.

“This new settlement substantially reduces the risk that Kansas could lose a significant portion of its annual tobacco settlement payment starting as soon as April 2014 and continuing for many years,” Schmidt said. “While the settlement does not eliminate all risk of payment interruption, it significantly reduces that risk and increases the likelihood that funding for critical children’s programs can continue as anticipated.”

Under the settlement, funds that had been withheld from Kansas for several years and placed in a “disputed payment account” are being released. That release, coupled with the state’s regular MSA payment, a “strategic contribution” payment that was regularly scheduled, and an offset for settlement credits assigned to participating tobacco manufacturers together produced the $67,997,958 received by Kansas this month.

Going forward, Schmidt said his office will continue to work with other state agencies to strengthen Kansas’ tobacco enforcement in order to comply with the state’s obligations under the MSA. He said payments are expected to gradually decline in future years but the risk of a precipitous drop from one year to the next is now substantially reduced.

TOPEKA – (May 2, 2013) – More than 3,000 Kansans applied for concealed carry permits during the month of April, Kansas Attorney General Derek Schmidt said today.

Schmidt said his office received 3,462 applications for concealed carry permits during April. While this number is down slightly from the record month in March, it is still the third-highest month since the concealed carry licensing program began in 2007. It represents a 140 percent increase from the 1,442 permit applications that were received in April 2012.

Schmidt said his office is working diligently to process the applications in a timely manner while ensuring complete and accurate review of each application as required by law. Currently, applications are being processed in 89 days or less except for those that are pending the receipt of additional information. Since last fall, additional staff have been hired or temporarily reassigned to assist in processing the sharp increase in applications, more than doubling the number of people assigned to the processing of concealed carry permit applications compared with this time last year. Investigators who conduct applicants’ backgrounds checks are working overtime. The Legislature is still considering the attorney general’s request for authority to hire up to three additional licensing personnel in order to reduce processing time.

In the first four months of 2013, Schmidt’s office received 14,274 new concealed carry applications. There are currently 55,988 active concealed carry licensees in Kansas.

TOPEKA – (May 6, 2013) – Kansas Attorney General Derek Schmidt and 12 other state attorneys general have asked the U.S. Environmental Protection Agency not to impose new regulations on oil-producing states without Kansas and other affected states being part of the discussion.

Several northeastern states are attempting to convince the EPA to impose new federal regulations on the emission of methane gases during oil production activities. Kansas and the other oil-producing states argue that EPA’s historical stance of avoiding further regulation is sound, that this regulatory decision should remain at the state level, and that if EPA is seriously considering new oilfield regulations it should at least discuss the matter with oil-producing states.

“Regulatory actions have costs and consequences, and in this case, those costs and consequences will be felt by the industries and economies in Kansas and other oil and gas producing states,” Attorney General Schmidt said. “It makes no sense for federal regulators to negotiate the issues with non-producing states.”

In a letter sent last week to the EPA, the attorneys general said that federal “regulation of methane emissions from oil and gas facilities is not appropriate” and that methane emissions from oil and gas facilities are being controlled “in compliance with existing regulations implemented by producing states and as a result of voluntary industry efforts.”

The attorneys general asked that if the EPA disagreed, the federal government should at least include the producing states in the discussions. They also took issue with EPA data they say overstates emission levels.

“The justification for those estimates has been challenged by mounting evidence, including voluminous data and investigation of potential flaws in the statistical methodology,” the letter stated.

In addition to Kansas, the states signing the letter are Alabama, Arizona, Indiana, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Texas, West Virginia and Wyoming.

TOPEKA – (May 8, 2013) – A Colorado roofing company has been ordered to repay more than $50,000 to Kansas consumers, Attorney General Derek Schmidt announced today.

All Trades Construction, also known as Duran Duran Roofing, and Louisa Duran were accused of violating the Kansas Consumer Protection Act by taking down payments from at least six Kansas consumers but never performing any work on the consumers’ roofs. The Attorney General also alleged that All Trades Construction and Luisa Duran forged one consumer’s signature on an insurance proceeds check.

“Taking payment for services that are never performed is unlawful,” Schmidt said. “Consumers should be cautions when dealing with contractors selling their services door-to-door and should remember that under Kansas law they have a three-day right to cancel.”

The Attorney General obtained a judgment in Shawnee County District Court ordering the company and Duran to repay a total of $50,954 to Kansas consumers and to pay an $80,000 civil penalty. The judgment also enjoins the company and Duran from further violations of the Kansas Consumer Protection Act.

Schmidt reminded Kansans that it is usually best to work with a trusted, local contractor when home repairs are required. They should be sure the company they are working with has the required local permits and insurance. Beginning July 1, roofing contractors will also be required to register with the Attorney General’s Office, pursuant to the Kansas Roofing Registration Act recently approved by the Legislature and signed into law by Governor Brownback.

Kansans who may have been a victim of a scam or unlawful door-to-door sales practice should contact the Attorney General’s Consumer Protection Division at (800) 432-2310 or www.ag.ks.gov.

TOPEKA – (May 9, 2013) – In a new public service announcement released this month, Kansas Attorney General Derek Schmidt is reminding parents to talk to their teens about safe driving.

Schmidt partnered with The Century Council to produce the PSA promoting the I Know Everything program. I Know Everything reinforces that parents are one of the most influential driving instructors for their teen drivers and reminds teens that they do not already “know everything” about how to be a safe driver.

“Teenage drivers can sometimes be overly confident in their abilities,” Schmidt said. “This program reinforces that while our teenagers do know the basics about safe driving, it is important for parents to remind them of the keys to staying safe on Kansas roads.”

The PSA is airing this month across Kansas as well as online through YouTube, Facebook and Pandora. In addition, the I Know Everything program includes a supporting website, www.IKnowEverything.com, which includes downloadable information for students and parents as well as a facilitator’s guide for teen driver safety educators.

The video can be viewed at www.ag.ks.gov/videos.

TOPEKA – (May 10, 2013) – A Missouri telemarketing company was recently fined for violations of the Kansas No-Call Act, Attorney General Derek Schmidt announced today.

“Kansans who have registered their phone numbers on the do-not-call list have done so with an expectation of privacy,” Schmidt said. “Our office will continue to enforce the law and take action against those who violate it.”

Attorney General Schmidt sued Bullseye Target Marketing, LLC, in February. The company did not answer the attorney general’s lawsuit, and earlier this week the Shawnee County District Court entered a default judgment in favor of the Attorney General and ordered the company to pay $600,000 in No-Call penalties and $2,500 in investigative costs. The Court also ordered the company and to refrain from future violations of the Kansas No-Call Act.

The default judgment in favor of the Kansas Attorney General’s office resulted from complaints accusing the company of calling Kansas consumers on the do-not-call list. The calls included telemarketing activities offering to set-up roof inspections for consumers who had recently experienced storm damage to their homes.

The Kansas Attorney General's office is responsible for enforcing the Kansas No-Call Act. This act prohibits most businesses from calling consumers registered on the do-not-call list to sell a product or service. Organizations soliciting charitable donations, calls concerning political candidates or issues, or other calls unrelated to the sale of property or services do not fall within the scope of the Kansas No-Call Act.

If you wish to register for the do-not-call list, you can call 1-888-382-1222 or visit www.donotcall.gov.

TOPEKA – (May 10, 2013) – Kansas Attorney General Derek Schmidt today praised the Legislature for approving a tough new law to combat identity theft.

“Identity theft is one of the fastest growing crimes in the United States,” Schmidt said. “Our law needs to keep up with the problem, and this aggressive new approach approved by the Legislature will strengthen our hand in fighting identity thieves.”

The new law makes identity theft a violation of the Kansas Consumer Protection Act, which allows the Attorney General’s office to receive and investigate complaints about identity theft. It also allows the Attorney General to seek injunctions and impose fines on identity thieves. The new law is in addition to the previous law, which remains in effect, under which identity theft is a crime.

“There are times when a criminal investigation and a prison term are the right response to identity theft,” Schmidt said. “But there also are times when the greater agility available to law enforcement under the Consumer Protection Act will be a more effective way of obtaining justice for victims of identity theft.”

The new law was approved last month in the Senate 39 to 1 and was approved today in the House of Representatives 121 to 0. It is named the Wayne Owen Law in honor of the late Sergeant at Arms in the Kansas House of Representatives who had been involved in reporting and fighting identity theft.

The bill will now be presented to Governor Sam Brownback for his consideration.

LYONS – (May 15, 2013) – A Lyons man was sentenced today to 17½ years in prison after pleading no contest to charges of rape and aggravated indecent liberties, Kansas Attorney General Derek Schmidt said.

Jeffrey S. Redding, 34, was sentenced to a total of 210 months in the Kansas Department of Corrections by Chief Judge Mike Keeley in Rice County District Court. Keeley also ordered Redding to lifetime registration as a sex offender, lifetime post-release supervision and lifetime electronic monitoring. Redding pleaded no contest to the charges in February.

The charges stemmed from an investigation by the Lyons Police Department. Assistant Attorney General Steve Karrer of Schmidt’s office prosecuted the case.

TOPEKA – (May 16, 2013) – The owner of a transient roofing company was sentenced yesterday on felony charges of theft and making false information related to business transactions in Shawnee and Osage counties, Kansas Attorney General Derek Schmidt said.

Derrick White, 36, of Topeka, pleaded no contest last month to the charges and was ordered to pay $27,656 in restitution to six consumers. White operated as “Roof N Tops” between April and August 2012. He was found guilty of contracting with homeowners to shingle their roofs, collecting a deposit for materials and then failing to return to do the work. He was also found guilty of making false information after providing a fraudulent certificate of insurance to obtain a City of Topeka contractor license. In addition to restitution, White was sentenced to two years of probation.

The charges and convictions resulted from an investigation by the Attorney General’s Consumer Protection Division, the Topeka Police Department, the Osage County Sheriff’s Office and the Scranton Police Department. The case was prosecuted by Assistant Attorney General Travis Harrod of Schmidt’s office.

Attorney General Schmidt reminds Kansans to be cautious when choosing a home repair contractor. Consumers should always seek multiple bids. Any consumers who feel they may be victims of deceptive or illegitimate business practices are encouraged to file a report with the Attorney General’s office by calling 1-800-432-2310 or visiting www.ag.ks.gov.

TOPEKA – (May 17, 2013) – Kansas Attorney General Derek Schmidt today announced his office has assumed the lead on the prosecution team in the Franklin County homicide case State v. Kyle Flack. The Franklin County Attorney requested the assistance and will continue to play an integral and vital role in the prosecution.

Any public comments on the investigation and prosecution are governed by the Kansas Rules of Professional Conduct Rule 3.6, Trial Publicity, and Rule 3.8, Special Responsibilities of a Prosecutor. All media requests or inquiries should be directed to Don Brown, Office of the Attorney General, 120 S.W. 10th, 2nd Floor, Topeka, Kansas 66612, 785-296-2215.

Criminal charges are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

TOPEKA – (May 17, 2013) – The Kansas Crime Victims Compensation Board on Thursday awarded financial assistance to 104 victims of violent crime at its May meeting, Kansas Attorney General Derek Schmidt said.

Awards were made in 47 new cases. Additional expenses were paid in 57 previously submitted cases. The awards totaled $188,625.

The Division of Crime Victims Compensation in Schmidt’s office administers the Crime Victims Compensation program, which was established in 1978 to help victims of violent crime pay for their unexpected expenses such as medical treatment, mental health counseling, lost wages, dependent support and funeral costs.

The state’s three-member Crime Victims Compensation Board determines claims that are eligible for payment and decides how much money will be awarded to each claimant. Awards are limited to a maximum total amount of $25,000 with limitations of $5,000 for funeral expense, $3,500 for outpatient mental health counseling, $10,000 for inpatient mental health treatment and $1,000 for grief counseling for family survivors of homicide victims.

The program is funded by a portion of assessed court costs and fines, inmate wages, parole fees and restitution paid by convicted offenders.

For more information about the Crime Victims Compensation Program call (785) 296-2359 or visit the Attorney General’s website at www.ag.ks.gov.

TOPEKA – (May 22, 2013) – Kansas Attorney General Derek Schmidt is reminding Kansas parents to talk to their children about ways to stay safe and is partnering with a local business to distribute free child identification in four communities next week.

Schmidt’s reminder comes as National Missing Children’s Day is observed this Saturday, May 25.

“Communication is key to giving our children the tools to stay safe,” Schmidt said. “It is important to regularly take time to review safety plans and remind our kids of ways to stay safe.”

The National Center for Missing and Exploited Children is spearheading a campaign called “Take 25,” which encourages parents to take 25 minutes to visit with their children about personal safety. Parents can visit www.take25.org to see tips on talking to their children about staying safe at home, at school, outside and on the Internet.

Schmidt also reminded parents of the importance of keeping identifying information on children up-to-date in the event a child does become missing. Having an identity kit with the child’s fingerprints, height, weight, and a current photo can make it easier to quickly locate a missing child. Schmidt’s office, in partnership with Cox Communications, will distribute free child identification kits and other important child safety information next week in Pittsburg, Manhattan, Hutchinson and Newton. For more information on these events, visit the Attorney General’s website at www.ag.ks.gov.

The Kansas Attorney General’s Office is the coordinating agency for the state’s Amber Alert Program. Kansas established an Amber Plan in September 2002. The statewide alert system is used to deter potential abductors and quickly mobilize citizens to contact authorities with helpful information when an alert is issued. Kansans can sign up to receive Amber Alerts by email by visiting www.ksamber.org. To receive alerts on Facebook, “like” the Kansas Amber Alert Facebook page at www.facebook.com/AMBERalertKS.

May 25 was first designated as National Missing Children’s Day by President Ronald Reagan in 1983. It serves as an annual reminder of the efforts to reunite missing children with their families.

There are currently 2,762 children listed in the National Center for Missing and Exploited Children database, including 21 from Kansas. To view the database, visit www.missingkids.com.