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AG Schmidt: Publishers agree to refund consumers for e-book price fixing

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TOPEKA – (May 22, 2013) – Kansas consumers who have purchased e-books may be entitled to credits or refunds from two publishers following the partial resolution of a multistate antitrust investigation, Kansas Attorney General Derek Schmidt said today.

Kansas, along with 32 other states and territories and class action counsel, has reached agreements with Penguin Group (USA), Inc., and Holtzbrinck Publishers, LLC, d/b/a Macmillan to settle allegations that Penguin and Macmillan colluded with other major publishers and Apple, Inc., to manipulate prices in the e-book market.

“Consumers have the right to a fair price, set by the marketplace, for products they purchase,” Schmidt said. “Our office is dedicated to ensuring a fair and competitive marketplace where prices are determined by supply and demand, not by price fixing.”

The agreements with Penguin and Macmillan must be approved by the U.S. District Court for the Southern District of New York. When finalized, the agreements will grant e-book outlets greater freedom to reduce the prices of their e-book titles.

Eligible consumers will be contacted and offered refunds or customer credits to compensate for over-charges on previous e-book purchases. Consumers nationwide will receive $75 million in compensation from Penguin, and $20 million from Macmillan.

Kansas has previously settled with three other publishers – Hachette Book Group, Inc., HarperCollins Publishers, L.L.C., and Simon & Schuster, Inc. – for allegations relating to the same conduct. Consumers nationwide will receive another $70 million in compensation as a result of the settlements with those publishers.

The Kansas antitrust action based on the same allegations against Apple, Inc., remains pending with trial scheduled in June.


AG Schmidt urges U.S. Supreme Court to review EPA stance on greenhouse gas emissions

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Kansas Attorney General Derek Schmidt has asked the U.S. Supreme Court to hear a challenge to new Environmental Protection Agency rules that would regulate greenhouse gas emissions from stationary sources.

Bel Aire nurse convicted of 12 counts of Medicaid fraud

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WICHITA – (May 31, 2013) – A Bel Aire woman was convicted today on multiple charges related to a Medicaid fraud scheme, Kansas Attorney General Derek Schmidt said.

Caela M. White-Kinchion, 48, was convicted by a Wichita jury in U.S. District Court of one count of conspiracy to commit health care fraud and eleven counts of health care fraud. All charges were felonies. She was acquitted on one additional count of health care fraud. U.S. District Court Judge J. Thomas Marten presided over the trial. Marten scheduled sentencing for August 26 at 10 a.m.

White-Kinchion was a co-conspirator in a scheme to bill the Kansas Medicaid Program for health care services that were never provided. The eleven guilty counts of health care fraud included fraudulent billing amounts in excess of $700,000.

Deputy Kansas Attorney General Loren Snell, Assistant Kansas Attorney General Stefani Hepford and Assistant U.S. Attorney Tanya Treadway prosecuted the case. The charges stemmed from a joint investigation by the Kansas Attorney General’s Office Medicaid Fraud and Abuse Division and the U.S. Department of Health and Human Services Office of Inspector General.

AG Schmidt: Supreme Court makes the right call on DNA collection

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TOPEKA – (June 3, 2013) – Kansas Attorney General Derek Schmidt today issued the following statement on the U.S. Supreme Court decision in Maryland v. King, which upheld post-arrest DNA collection:

“Today’s decision upholds a critical public safety practice that Kansas has used for years. Like fingerprinting, post-arrest DNA swabbing is a vital tool that identifies offenders, solves crimes and keeps Kansas safe. Today, the Supreme Court decided we may continue this practice without running afoul of the Constitution.”

Kansas joined a brief arguing in support of today’s outcome.

AG Schmidt praises KBI projects in approved budget

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Kansas Attorney General Derek Schmidt praised the Legislature for including in the budget bill approved over the weekend two important projects requested by the Kansas Bureau of Investigation.

AG Schmidt: More than 6,000 Kansans to receive $1,480 checks through mortgage settlement

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Kansas borrowers who submitted a valid foreclosure payment claim through the National Mortgage Settlement will receive a check this month for approximately $1,480, Kansas Attorney General Derek Schmidt announced.

AG Schmidt: May concealed carry applications lower

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TOPEKA – (June 6, 2013) – For the first time this year, the monthly total of Kansas concealed carry applications dropped below 3,000, Kansas Attorney General Derek Schmidt said today.

In May, 2,032 Kansans applied for concealed carry permits, down from 3,462 in April. But the May total was still higher than any other month in the program's history prior to this year. Before January, the one-month record was 1,651 applications received in March 2012.

In the first five months of 2013, Schmidt's office received 16,302 new concealed carry applications. There are currently 60,037 active concealed carry licensees in Kansas.

Schmidt said his office is continuing 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 80 days or less except for those that are pending the receipt of additional information.

Two men sentenced in Wilson County for attempted murder, meth, gun charges

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FREDONIA – (June 7, 2013) – Two Kansas men were sentenced today on charges of attempted murder, methamphetamine and gun possession, Kansas Attorney General Derek Schmidt said.

Devon SimmonsDevon Andrew Simmons, 27, Neodesha, was sentenced to 93 months in the Kansas Department of Corrections by District Court Judge David W. Rogers in Wilson County District Court. The sentence included 93 months for attempted second degree murder and 11 months for possession of methamphetamine. Rogers ordered the sentences to run concurrently. Simmons pleaded no contest to the charges in February 2012.

Simmons is also currently serving sentence on 2008 convictions in Wilson and Montgomery Counties for possession of narcotics, aggravated battery and criminal damage to property. Rogers ordered today’s sentences to run consecutive to the prior sentences.

Brandon BeislyRogers also sentenced Brandon Bryce Beisly, 31, Newton, to 72 months in the Kansas Department of Corrections. The sentence included 72 months for conspiracy to manufacture methamphetamine and 8 months for criminal possession of a firearm. Rogers ordered the sentences to run concurrently. Beisly pleaded guilty to the charges in March 2012.

Beisly is also currently serving a 2010 sentence for two charges of possession of narcotics in Harvey County. Rogers ordered today’s sentences to run consecutive to the Harvey County sentences.

The charges stemmed from a 2011 investigation by the Wilson County Sheriff’s Offices and the Kansas Bureau of Investigation with assistance from the Neosho County Sheriff’s Office. Assistant Attorney General Greg Benefiel of Schmidt’s office prosecuted the cases.


Kingman man found guilty of murder, aggravated arson

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Brett SeacatKINGMAN – (June 11, 2013) – A Kingman County jury today found Brett Seacat, 37, of Kingman, guilty of first degree, premeditated murder, aggravated arson, and two counts of aggravated child endangerment after a three-week trial, Kansas Attorney General Derek Schmidt said.

Seacat was charged with the crimes in the 2011 death of his wife, Vashti Seacat, and the burning of the couple’s home in Kingman. Chief Judge Larry T. Solomon presided over the trial, and scheduled sentencing for August 5 at 9:30 a.m.

Schmidt commended the jury, law enforcement officials and prosecution team for their work in this case.

The case was investigated by the Kingman Police Department, Kingman County Sheriff’s Office, Kansas Fire Marshal’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Kansas Bureau of Investigation. Assistant Attorneys General Amy Hanley and Jessica Domme of Schmidt’s office prosecuted the case, along with Kingman County Attorney Matthew Ricke and Associate Counsel Tom Bath.

Photo courtesy of Kingman County Sheriff’s Office.

 

 

AG Schmidt and Kansas prosecutors urge veto of budget items

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TOPEKA – (June 13, 2013) – Kansas Attorney General Derek Schmidt today issued the following statement regarding the budget bill enacted by the Legislature, which has now been presented to the Governor for his signature:

“I commend the Legislature for reaching agreement on a state budget for the next two fiscal years. While the overall bill is sound, a small number of specific provisions would create unintended and unnecessary problems for public safety. Therefore, I have asked Governor Brownback to veto three items.

“First, I have asked the Governor to veto the proposed use of $600,000 in concealed carry license applicants’ fees for other purposes. License application fees should not be converted into a tax on gun owners to pay for general government services.

“Second, I have asked the Governor to veto the proposed ‘salary cap’ as applied to the Attorney General’s Office and the Kansas Bureau of Investigation. The cap would hamstring both the Attorney General’s Office and the KBI in performing core public safety functions by awkwardly micromanaging our ability to participate in federally funded and fee-funded programs, such as drug-enforcement efforts and certain prosecutions.

“Third, I have asked the Governor to veto the proposed use of millions of dollars from anticipated future litigation – money that has not yet been recovered. The Office of Attorney General should not be managed like a plaintiff’s law firm, and spending funds we have not yet recovered is poor public policy that weakens the state’s business climate by setting quotas for future litigation recoveries.”

The Kansas County and District Attorneys Association joined in support of the Attorney General’s request and released the following statement:

“With more than half the County Attorneys’ offices in the state of Kansas having three prosecutors or fewer, the Kansas Attorney General’s Office plays a key role in assisting in prosecutions when called upon. The budget cuts and salary cap included in the recent appropriations bill will pose a significant public safety threat if the Attorney General is forced to cut back his Criminal Litigation Division and reduce assistance to County Attorneys’ offices around the state.”

In addition, the Kansas Sheriffs Association, the Kansas Peace Officers Association, and the Kansas Association of Chiefs of Police asked the Governor to take steps to reduce the budget’s negative effects on public safety services.

Oberlin man sentenced to more than 17 years for murder

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OBERLIN – (June 17, 2013) – An Oberlin man was sentenced today to more than 17 years in prison after being convicted of murder, Kansas Attorney General Derek Schmidt said.

Dylan R. Coryell, 25, was convicted by a Decatur County jury in March on charges of intentional second-degree murder and aggravated battery. Judge Preston Pratt today sentenced Coryell to 212 months in the Kansas Department of Corrections for the murder conviction. In addition, Coryell was sentenced to 13 months for aggravated battery, to run concurrently. The charges stemmed from the October 2011 death of Corey Cook, 22, also of Oberlin, and a related injury to Sarah Campbell.

Assistant Attorney General Nicole Romine of Schmidt’s office and Assistant Decatur County Attorney Margaret P. Mahoney prosecuted the case. The Kansas Bureau of Investigation worked with local law enforcement officers from the Oberlin Police Department and Decatur County Sheriff's Office in the investigation.

Tower Mental Health Foundation announces grant opportunity

AG Schmidt: More than 100 crime victims receive support

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TOPEKA – (June 21, 2013) – The Kansas Crime Victims Compensation Board on Thursday awarded financial assistance to 105 victims of crime at its June meeting, Kansas Attorney General Derek Schmidt said.

Awards were made in 42 new cases. Additional expenses were paid in 63 previously submitted cases. The awards totaled $214,311.

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.

AG’s Office sets new consumer protection record

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The Kansas Attorney General’s Consumer Protection Division recovered more money for Kansans last year than ever before in state history, Attorney General Derek Schmidt announced today.

Schmidt’s office recovered more than $49 million in consumer restitution, fees and penalties during 2012, shattering the previous one-year record of $17.3 million.

Labette County woman ordered to repay $3,500 for Medicaid fraud

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PARSONS – (June 25, 2013) – A Labette County woman was ordered yesterday to repay $3,500 to the Kansas Medicaid program after pleading guilty to Medicaid fraud, Kansas Attorney General Derek Schmidt said.

Crystal L Scott, 42, of Parsons, was sentenced Monday to 24 months of probation, along with the restitution, by Judge Jeffry Jack in Labette County District Court. Scott pleaded guilty in May to charges of making a false claim to the Medicaid program, unlawful acts relating to the Medicaid program and conspiracy to make a false claim to the Medicaid program.

The State alleged that Scott signed up as a personal care attendant for a patient through the Southeast Kansas Independent Living Center (SKIL) in Parsons to provide sleep cycle support at the patient’s home from February2010 to February 2011. She submitted time sheets for those services, but did not provide them.

The case was investigated by the Kansas Attorney General’s Office Medicaid Fraud and Abuse Division. Assistant Attorney General John Bryant of Schmidt’s office prosecuted the case.


AG Schmidt releases guidance on new concealed carry law

AG Schmidt: Roofer registration to begin next week

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A new law requiring roofing contractors operating in Kansas to register with the Attorney General’s office will take effect July 1, Kansas Attorney General Derek Schmidt said.

Roofer Registration Website

AG Schmidt: EPA should not cave in to pressure for new regulations

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TOPEKA – (June 28, 2013) – Kansas Attorney General Derek Schmidt last week asked the U.S. Environmental Protection Agency to reject negotiations with a group of states and environmental groups that have threatened to sue EPA over air quality regulations.

The move came as the Obama administration prepares a new regulatory initiative to restrict the use of coal to generate power in the United States.

“The ongoing regulatory assault on coal-generated power will be paid from Kansans’ pocketbooks,” Schmidt said. “It should be the people’s elected representatives in Congress, not federal bureaucrats, who strike the proper balance between environmental regulation and affordable electricity.”

Ten states and three environmental groups have accused EPA of failing to enact final standards of performance for greenhouse gas emissions from new electric utility generating units and are asking EPA to issue new emission guidelines for existing units.

Schmidt and 20 other state attorneys general wrote EPA and urged the agency to refuse to negotiate with such a small group on issues of air quality and regulatory policy that affect the entire country. The letter asks EPA to continue its current, open policy-making approach to air quality issues, which allows input from all interested parties. However, should EPA decide to negotiate with the complaining states and environmental groups, the 21 state attorneys general have asked to be notified and to be allowed to participate in the process.

“Environmental regulation and air quality are critically important to every state,” Schmidt said. “Every state, including Kansas, has a stake in the outcome of EPA’s regulatory decision making. This sue-and-settle strategy improperly bypasses Congress and excludes dissenting voices from the discussion.”

The letter also reminds EPA that individual states are responsible under the Clean Air Act for the development of certain standards of performance for existing sources of emissions.

The states joining Kansas in the letter to EPA include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Indiana, Kentucky, Michigan, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia and West Virginia.


Download the letter.

AG Schmidt announces upcoming open meeting, open records training

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Registration is now open for the annual Kansas Open Meetings and Open Records Act training seminars, Kansas Attorney General Derek Schmidt announced. The seminars will be presented at five locations across Kansas and are sponsored by the Attorney General’s Office, Kansas Sunshine Coalition for Open Government, Kansas Press Association and Kansas Newspaper Foundation.

Click here to register.

Parsons man sentenced to 10 years in prison for child sex crime

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Arthur Scott Jr.PARSONS – (July 1, 2013) – A Parsons man was sentenced today to 10 years in prison for the crime of aggravated indecent solicitation of a child, Kansas Attorney General Derek Schmidt said.

Arthur Scott, Jr., 23, was sentenced to 120 months in the Kansas Department of Corrections by Judge Robert J. Fleming in Labette County District Court. Scott was found guilty of the crime in May.

Scott’s probation was revoked on a previous conviction for unlawful voluntary sexual relations, and he will be serving a 16-month sentence in that case. Fleming ordered today’s sentence to run consecutive to his prior sentence.

The case was investigated by the Parsons Police Department. Assistant Attorney General Amanda Voth of Schmidt’s office prosecuted the case in cooperation with Assistant Labette County Attorney Steve Jones.

Photo courtesy of Labette County Sheriff’s Office.

 

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