TOPEKA – (July 2, 2013) – Kansas Attorney General Derek Schmidt has been elected Midwest regional chairman for the National Association of Attorneys General.

Schmidt was elected to the post by the attorneys general representing states in the Midwest region for the national, nonpartisan organization that includes all state and territorial attorneys general. The states in the Midwest are Kansas, Oklahoma, Missouri, Iowa, Minnesota, Wisconsin, Illinois, Indiana, Ohio and Michigan.

As regional chair, Schmidt will serve on the executive committee for the national organization and will help guide its decision making. In recent years, initiatives of the National Association of Attorneys General have included combating human trafficking, protecting consumer privacy and promoting child safety. The organization also provides extensive education and training opportunities to state attorneys general staff throughout the country.

TOPEKA – (July 2, 2013) – A Pretty Prairie woman has been ordered to repay $50,242 and will serve one month in federal prison followed by 13 months in community confinement after being convicted of health care fraud and mail fraud, Kansas Attorney General Derek Schmidt said today.

Lupe Adela Mains, 46, was sentenced Monday in U.S. District Court by Judge Julie Robinson.

The charges stemmed from an investigation into Medicaid guardian care payments and U.S. Railroad Retirement Board payments received by Mains from October 2007 through March 2009. During that time period, Mains received payments intended for the care of her disabled sister. An investigation showed that during that time, Mains’ sister was residing with another family member and Mains did not use the money for her sister’s care. The loss to the Medicaid program totaled $27,123. The Railroad Retirement Board had paid Mains $23,119.

Assistant Attorney General Stefani Hepford of Schmidt’s office and Assistant U.S. Attorney General Tanya Treadway prosecuted the case. The case was investigated by the Kansas Attorney General’s Medicaid Fraud and Abuse Division with assistance from the U.S. Railroad Retirement Board.

TOPEKA – (July 3, 2013) – Kansas has joined in a legal settlement with an India-based generic pharmaceutical manufacturer accused of selling adulterated drugs in the U.S. marketplace, Kansas Attorney General Derek Schmidt said today.

A federal investigation found evidence that that the drug company, Ranbaxy, knowingly manufactured, distributed and sold generic pharmaceutical products with strength, purity and/or quality below the standards required by the U.S. Food and Drug Administration. The products at issue consisted of 26 generic pharmaceutical products manufactured at two facilities in India. The drugs included prescription products intended for children, such as the antibiotic amoxicillin.

“We take seriously the sale of drugs that fall short of U.S. regulatory standards,” Schmidt said.  “Americans expect that pharmaceuticals will always be subject to rigorous quality control and will meet high standards.”

As a result of the sale of adulterated medications, fraudulent claims were submitted to the Medicaid program for purchase of the substandard drugs. For that reason, the settlement orders that $323,992 be refunded to the Kansas Medicaid program.

Ranbaxy also entered into a consent decree with the federal government to address outstanding manufacturing quality and data integrity issues at the two Indian manufacturing plants in question. The company has agreed to implement actions to correct its violations and to ensure that the violations do not occur again.

TOPEKA - (July 10, 2013) - A record number of Kansans applied for permits to carry concealed handguns during the recently ended Fiscal Year 2013, Kansas Attorney General Derek Schmidt announced today.

Schmidt said his office received 25,340 applications for concealed carry permits between July 1, 2012, and June 30, 2013. This number was more than double the previous fiscal-year record of 12,408 permit applications in Fiscal Year 2012.

Schmidt's office administers the concealed carry licensing program. The law enacting the program was created by the 2006 Kansas Legislature. Concealed carry permits have been issued in the state since 2007. As of July 1, there are 63,455 active concealed carry permits issued by the State of Kansas. One year ago, on July 1, 2012, the number of active permits was 44,307.

The Attorney General's Office is currently processing permit applications in 82 days or less except those awaiting additional information. Details about the latest concealed carry statistics can be found by visiting the Kansas Attorney General's website at www.ag.ks.gov.

TOPEKA – (July 10, 2013) – Apple, Inc., has been found liable for violating antitrust laws by conspiring with major U.S. publishers to fix the prices of e-books, Kansas Attorney General Derek Schmidt announced today.

The U.S. District Court for the Southern District of New York ruled that Apple “played a central role in facilitating and executing” the conspiracy to raise e-book prices, and that Apple’s orchestration of the conspiracy was necessary to its success.  The case against Apple was brought by the U.S. Department of Justice and 33 states, including Kansas.

“Kansas pursued this case because the evidence showed that Apple had violated the law, resulting in Kansas consumers paying more for e-books than they would have paid in a competitive marketplace,” Schmidt said. “Protecting Kansas consumers from unlawful business practices is one of our priorities at the attorney general’s office.”

At trial, the states and the federal government demonstrated that Apple and its executives were unwilling to compete on price with other retailers of e-books, and instead conspired with the publishers to fix and raise prices. The next phase of the litigation will focus on recovery of damages for consumers harmed by the conspiracy.

The publishers, Hachette Book Group, Inc.; HarperCollins Publishers, LLC; Simon & Schuster, Inc.; Holtzbrinck Publishers, LLC, d/b/a Macmillan; and Penguin Group (USA), Inc., had settled the states’ claims against them prior to trial, resulting in consumers nationwide receiving over $166 million in compensation.

TOPEKA – (July 15, 2013) – A former Kansas legislator will lead the efforts of the newly created Anti-Human Trafficking Unit in the Kansas Attorney General’s Office, Attorney General Derek Schmidt announced today.

Pat Colloton, Leawood, will lead the Anti-Human Trafficking Unit as an Assistant Attorney General. She will coordinate with law enforcement and prosecutors to help implement the new law and will work with state agencies and service providers to expand the scope of services for the victims of human trafficking. Colloton will also serve as chair of the Kansas Human Trafficking Advisory Board.

“Pat is an accomplished attorney with an outstanding record of public service,” Schmidt said. “As a legislator, Pat was on the forefront of anti-human trafficking and public safety issues. We are delighted she has chosen to continue her work on these issues as a part of our team.”

The Anti-Human Trafficking Unit was created by the 2013 Kansas Legislature, and signed into law by Gov. Sam Brownback in April as part of a comprehensive anti-human trafficking bill. The legislation was proposed by Governor Brownback and Attorney General Schmidt in January. It was developed through more than a year of discussions with many interested parties throughout the state as part of the Attorney General’s Human Trafficking Advisory Board.

Colloton is an attorney. She was first elected to the Kansas House of Representatives in 2004 where she served four terms and was Chair of the House Committee on Corrections and Juvenile Justice. Pat serves on the executive committee of the Council of State Governments Justice Center and is immediate past chair of its board of directors. Colloton received her bachelor’s degree and juris doctor from the University of Wisconsin. She lives in Leawood with her husband, Patrick.

TOPEKA – (July 22, 2013) – Kansas Attorney General Derek Schmidt today announced that more than 4,000 Kansas consumers who filed claims against Skechers USA Inc.-brand toning shoes will receive refund checks totaling more than $295,000 as the result of a legal settlement. The settlement resolved allegations that Skechers made unsupported health claims in advertising its Shape-Ups, Tone-Ups and Resistance Runner athletic shoes.

The multi-state settlement required Skechers to refund almost $40 million nationally to 509,175 consumers.  Kansas consumers are receiving $295,827 for 4,169 claims. Kansas joined 42 other states and the Federal Trade Commission in the settlement.

“Fraudulent marketing practices and questionable advertising claims prevent consumers from making informed decisions,” Schmidt said. “Kansas consumers deserve an honest accounting from sellers.”

Skechers claimed their rocker-bottom shoe products caused consumers to lose weight, burn calories, improve circulation, fight cellulite, and firm, tone or strengthen thigh, buttocks, and back muscles without having adequate support for its claims.

Under the settlement, Skechers is prohibited from making these claims unless it has adequate substantiation to do so. Skechers agreed to provide partial refunds but did not admit any wrongdoing and denies the factual allegations asserted in the complaint.

Consumers with concerns about questionable sales or marketing practices can contact the Kansas Attorney General’s Consumer Protection Division at 1-800-432-2310 or visit www.ag.ks.gov for more information.

TOPEKA -- (July 23, 2013) -- Pennsylvania will begin recognizing Kansas concealed carry licenses, Kansas Attorney General Derek Schmidt announced today.

This week's announcement makes Pennsylvania the 31st state to recognize the Kansas concealed carry license. This recognition will allow Kansas concealed carry license holders to lawfully carry concealed handguns in conformance with Pennsylvania law while traveling in that state.

Pennsylvania’s recognition of the Kansas license comes in response to legislation proposed by the Kansas attorney general's office and enacted earlier this year by the Legislature. Kansas now recognizes all valid out-of-state permits when the non-resident permit holder is traveling temporarily in Kansas. The new Kansas law requires those who move to Kansas to obtain a Kansas-issued license the same as all other Kansas residents.

A complete list of states that recognize the Kansas concealed carry license is available on the Attorney General's website at www.ag.ks.gov. There currently are 64,225 active Kansas concealed carry permits.

TOPEKA – (July 24, 2013) – Kansas Attorney General Derek Schmidt today joined a bi-partisan national coalition of 49 Attorneys General calling on Congress to amend federal law to help states fight prostitution and child sex trafficking online.

In a letter to key members of Congress, the Attorneys General advocated that Congress amend the Communications Decency Act to allow criminal jurisdiction for state and local prosecutors.

The Communications Decency Act of 1996 was drafted when the internet was in its infancy.  The original purpose of the Act was to protect children from accessing indecent material online, but courts have interpreted certain provisions of the Act to provide immunity from State prosecution to online classified ad sites, such as Backpage.com, that promote and profit from human trafficking.

“Federal law needs to be modernized to make sure we can prosecute those who use technology to exploit vulnerable victims,” Schmidt said. “Local prosecutors should be on the front lines of this battle.”

Absent interstate travel, federal property, or the involvement of a minor, prostitution is not a federal crime. While the Communications Decency Act provides criminal authority to the federal government, the Attorneys General believe that criminal jurisdiction needs to be extended to help states combat these crimes.

Federal, state and local prosecutors report that prostitution solicitations have largely moved online.

The Attorneys General letter to Congress can be found at http://www.naag.org/sign-on_archive.php.

TOPEKA – (July 26, 2013) – The Kansas Crime Victims Compensation Board on Thursday awarded financial assistance to 126 victims of crime at its July meeting, Kansas Attorney General Derek Schmidt said.

Awards were made in 43 new cases. Additional expenses were paid in 83 previously submitted cases. The awards totaled $274,117.64.

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.

PARSONS – (July 29, 2013) – An Independence man was sentenced today to 13 years in prison on various methamphetamine and other drug charges, Kansas Attorney General Derek Schmidt said.

Ozell Pouncil, Jr., 50, was sentenced to 156 months in the Kansas Department of Corrections by Judge Robert J. Fleming in Labette County District Court. Pouncil was found guilty in May on charges of attempted manufacture of methamphetamine, conspiracy to manufacture methamphetamine and five counts of possession of drugs or drug paraphernalia.

The charges stemmed from a 2011 investigation by the Parsons Police Department and Labette County Sheriff’s Office. Assistant Attorney General Steve Wilhoft of Schmidt’s office prosecuted the case. 

Photo courtesy of Kansas Department of Corrections.

TOPEKA – (July 30, 2013) – Kansas Attorney General Derek Schmidt has joined with eight other state attorneys general in objecting to recent lawsuits filed by the U.S. Equal Employment Opportunity Commission (EEOC) against companies that use criminal background checks as part of the hiring of new employees.

The attorneys general sent a letter expressing concern about two lawsuits in which EEOC alleges that employers’ use of criminal background checks of potential employees constitutes unlawful employment discrimination under federal law.

“Having a criminal record does not make a person part of a protected class of citizens under federal law, and the EEOC should not act as if it does,” Schmidt said. “This aggressive new approach to applying non-discrimination law goes far beyond what Congress intended. Kansas employers already deal with countless regulations, and the last thing we need is another federal agency micromanaging how employers run their affairs.”

The letter from the attorneys general states that the EEOC lawsuits, filed against Dollar General and BMW Manufacturing Co. LLC, are “misguided and a quintessential example of gross federal overreach.” The attorneys general urge the EEOC to reconsider the lawsuits and the published agency guidance driving the lawsuits, which assert that the use of generally applicable criminal background checks as a screening tool in the hiring process will often violate Title VII of the Civil Rights Act of 1964.

The attorneys general signing the letter represent Alabama, Colorado, Georgia, Kansas, Montana, Nebraska, South Carolina, Utah and West Virginia.

TOPEKA – (August 2, 2013) – Wyoming has notified Kansas that it will begin recognizing Kansas concealed carry licenses, Kansas Attorney General Derek Schmidt announced today.

Wyoming is now the 32^nd state to recognize Kansas concealed carry licenses. This recognition will allow Kansas concealed carry license holders to lawfully carry concealed handguns in conformance with Wyoming law while traveling in that state.

Wyoming’s recognition comes in response to legislation proposed by the Kansas attorney general’s office and enacted earlier this year by the Legislature. Kansas now recognizes all valid out-of-state permits when the non-resident permit holder is traveling temporarily in Kansas. The new Kansas law requires those who move to Kansas to obtain a Kansas-issued license the same as all other Kansas residents.

A complete list of states that recognize the Kansas concealed carry license is available on the Attorney General's website at www.ag.ks.gov. There currently are 65, 879 active Kansas concealed carry permits.

KINGMAN – (August 5, 2013) – A Kingman man was sentenced today to life in prison following his conviction in June for murder, arson and child endangerment, Kansas Attorney General Derek Schmidt said.

Brett Seacat, 37, was sentenced to life in the Kansas Department of Corrections without the possibility of parole for 31 years and 3 months by Chief Judge Larry Solomon in Kingman County District Court. A Kingman County jury convicted Seacat in June of first-degree premeditated murder, aggravated arson and two counts of aggravated child endangerment following a three-week trial. Seacat was charged with the crimes following the 2011 death of his wife, Vashti Seacat, and the burning of the couple’s home in Kingman.

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.

TOPEKA – (August 9, 2013) – Kansas Attorney General Derek Schmidt has been appointed to a national group to combat human trafficking.

Schmidt has been appointed to the Human Trafficking Committee of the National Association of Attorneys General. The appointment was made by Wisconsin Attorney General J.B. Van Hollen, president of the national organization. It is the first time a Kansan has served on the organization’s Human Trafficking Committee.

“The Legislature and the Governor made clear earlier this year that fighting against human trafficking is a priority for Kansas,” Schmidt said. “They enacted tough new law that puts added responsibility on the Office of the Attorney General to lead Kansas efforts against human trafficking. The new position will strengthen our ability to meet that responsibility.”

Other states with attorneys general serving on the group include Indiana, Massachusetts, Washington and Michigan, all of which are known for strong anti-human trafficking commitments.

To carry out the attorney general’s new duties under the new Kansas anti-human trafficking law, Schmidt has reorganized part of his office to create a new Anti-Human Trafficking Unit, which is led by former state representative Pat Colloton of Leawood. Schmidt said the unit will step up its activities in the coming months as it implements the new law.