HORNE ANNOUNCES FAVORABLE RULING IN BANK OF AMERICA LITIGATION

PHOENIX (Tuesday March 22, 2011) -- Attorney General Tom Horne announced that the U.S. Federal District Court Judge Frederick J. Martone, ruled on the first significant motion in the Bank of America case. Judge Martone granted the State of Arizona’s motion to return the case to state court. In January, Bank of America had removed the case to federal court on a variety of grounds, all of which were rejected by Judge Martone.

Horne stated: “I am gratified that the court agreed with our argument that our claims that Bank of America violated state law should be heard in state court. State court often can proceed much more quickly than federal court. Homeowners who have suffered from practices that may violate the Arizona Consumer Fraud Act need timely relief, and unnecessary delays can be damaging to them."

The case will now be returned to Arizona Superior Court in Maricopa Country, where discovery will begin.

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HORNE ISSUES WARNING ABOUT RELIEF SCAMS FOLLOWING JAPANESE DISASTER

PHOENIX (Monday March 14, 2011) -- With disaster relief efforts underway to help the people of Japan, Attorney General Tom Horne says consumers should be cautious and only make contributions to reputable, established charitable organizations.

“While tragedies such as the disaster in Japan bring out the best in most people, they bring out the worst in others and the result is that scam artists will prey on consumers who want to help by making a financial contribution,” Horne said. “I’m urging Arizonans to give generously to relief efforts, but to make sure their contributions are used for their intended purpose.”

Here are some tips for giving to charitable organizations:

• Be skeptical of anyone asking for a donation by requesting your credit card number or bank account information over the phone unless you already donate to that charity.
• Be skeptical of individuals representing themselves as surviving victims or officials asking for donations.  
• Make contributions directly to known organizations rather than relying on others to make the donation on your behalf to ensure contributions are received and used for the intended purpose.
• Don’t be shy about asking what percentage of your donation will go directly to the charity versus administrative costs.
• Call the Secretary of State's Office at (602) 542-4285 or visit their Web site to make sure the charity is registered with the Secretary of State.  A charity that operates without such registration is violating the law and should be seen as a red flag for consumers. Be aware, however, that registration with the Secretary of State does not guarantee that all of the charity’s activities are legitimate.  Several Web sites, including  www.charitynavigator.org, and, provide information on the financial backgrounds of charities. These can be useful for consumers looking to research organizations they are considering for a donation. 
• Do not pay bills or invoices you have received from charities unless you know you have already made a commitment to support them.
• Remember to ask for a receipt and a statement that the contribution is tax deductible.

If you believe you have been a victim of fraud, please contact the Attorney General’s Office in Phoenix at 602.542.5763; in Tucson at 520.628.6504; or outside the Phoenix and Tucson metro areas at 1.800.352.8431. To file a complaint in person, the Attorney General’s Office has satellite offices throughout the state with volunteers available to help. Locations and hours of operation are posted on the Attorney General’s Web site. Consumers can also file complaints on line by visiting the Attorney General’s Web site at www.azag.gov. More tips specific to the Japan disaster are also available at: http://ftc.gov/opa/2011/03/earthquake.shtm.

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ATTORNEY GENERAL TOM HORNE ANNOUNCES SETTLEMENT AGREEMENT WITH PRINCIPAL REDUCTION GROUP, LLC

PHOENIX (Friday March 11, 2011) -- Attorney General Tom Horne today announced a settlement agreement with Scottsdale based Principal Reduction Group, LLC, and Brian Cutright, owner and operations manager of Principal Reduction Group, LLC.

Pursuant to the settlement agreement, Principal Reduction Group and Brian Cutright agree to no longer engage in any activity, directly or on behalf of any third party, that involves originating, closing, or modifying any term of a consumer’s mortgage loan, or obtaining a reduction on a consumer’s debt, of any kind, while in the State of Arizona or on behalf of any Arizona consumer.

Horne stated. “Consumer fraud targeting homeowners who are facing difficulties paying their mortgages is a problem that must be dealt with and I am committed to finding and prosecuting those people who use predatory schemes.”

Additionally, the settlement agreement provides for full restitution to the consumers who filed complaints with this office; on average, those consumers paid $5,500 each for principal reduction services from the Defendants.

Finally, the settlement agreement requires the Defendants to pay $25,000 as civil penalties and $5,000 for attorneys costs and fees. The Attorney General shall deposit the funds into the consumer protection-consumer fraud revolving fund.

This settlement agreement is pursuant to a consent judgment currently awaiting court approval.

If you believe you have been a victim of consumer fraud, please contact the Attorney General's Office in Phoenix at 602.542.5763; in Tucson at 520.628.6504; or outside the Phoenix and Tucson metro areas at 1.800.352.8431. To file a complaint in person, the Attorney General’s Office has satellite offices throughout the state with volunteers available to help. Locations and hours of operation are posted on the Attorney General’s Web site, www.azag.gov. Consumers can also file complaints online by visiting www.azag.gov/consumer/complaintform.html."

This case was handled be AAG Cherie Howe.

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ATTORNEY GENERAL TOM HORNE REMINDS CONSUMERS TO BE AWARE OF DECEPTIVE MAILERS

PHOENIX (Friday March 11, 2011) -- Attorney General Tom Horne is warning Arizona consumers to be wary of advertisements and solicitations appearing in mailboxes or at homeowners’ front doors. Many solicitations appear to be an official notification, although the sender has no affiliation with any government agency. These mailers offer to provide services that are required by a governmental entity or services that will save the consumer money. Most often, those offers simply are “too good to be true” and should be avoided.

In November 2010, the Arizona Attorney General’s Office obtained a $628,066 consumer fraud judgment against Vahe Zakaryan and his business, Board of Business Compliance. Operating from California, Mr. Zakaryan sent deceptive official-looking solicitations to Arizona business owners requesting an annual fee of $125. The mailing misled business owners into believing the fee and form were required by the Arizona Corporation Commission. In a similar case, the Attorney General has also brought suit against a Nevada corporation, Arizona Corporate Headquarters, and its principal, former NFL player Gaston Green, (now known as Gaston Muhammad), for mailing more than 137,000 fraudulent “corporate minutes” solicitations to Arizona businesses.

In August 2009, the Arizona Attorney General’s Office filed a lawsuit against Property Tax Review Board, a company that sent solicitations to homeowners requesting a fee of $189 to lower their property tax bill. Property Tax Review Board was unable to assist with property tax reductions as the business was not registered with the Board of Appraisals. Also, the time period to appeal property tax assessments for 2009 and 2010 had lapsed. The Attorney General’s Office obtained a judgment against Property Tax Review Board, enjoining them from conducting this type of fraud in the future and assessing a civil penalty against them in the amount of $7.1 million dollars. Property owners who want to appeal the valuation of their real property can do so, at no cost, by contacting their county assessors’ office.

These lawsuits are simple reminders to consumers to be wary of the advertisements and solicitations they receive in the mail or posted to their front doors. The Arizona Attorney General’s Office advises consumers to read all fine print, do research on companies that are listed on mailers and be cautious about the authenticity of mailings that appear to be from a government agency.

If you believe you have been a victim of consumer fraud, please contact the Attorney General’s Office in Phoenix at 602-542-5763, in Tucson at 520-628-6504, or outside the Phoenix and Tucson metro area at 1-800-352-8431. Consumers can also file complaints online by visiting the Attorney General’s Office Web site at www.azag.gov. To file a complaint in person, the Attorney General’s Office has satellite offices throughout the state with volunteers available to help. Locations and hours of operation are posted on the Attorney General’s Web site.

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HORNE ANNOUNCES $2.1 MILLION PHARMACEUTICAL PAYOUT; LARGEST TO DATE

ARIZONA AND 37 ATTORNEYS GENERAL REACH A LANDMARK $68.5 MILLION SETTLEMENT WITH ASTRAZENECA PHARMACUETICALS
PHOENIX (Thursday, March 10, 2011) -- Attorney General Tom Horne today announced Arizona has received the largest-ever pharmaceutical payout in Arizona history - nearly $2.1 million - as part of the largest-ever multi-state consumer protection-based pharmaceutical settlement.

Horne stated: “This settlement sends a powerful message to drug companies that deceptive practices will not be tolerated. The health and safety of consumers is vitally important, especially where medications are necessary for the well-being of the patient.”

Arizona, along with 37 other Attorneys General, reached a record $68.5 million dollar settlement with AstraZeneca Pharmaceuticals LP arising from alleged deceptive marketing of the antipsychotic drug, Seroquel. The payment to Arizona is $2,093,327.

The complaint, filed today along with a Consent Judgment, alleges that AstraZeneca engaged in false and deceptive practices when it marketed Seroquel for unapproved or off-label uses; failed to adequately disclose the drug’s potential side effects to health care providers; and withheld negative information contained in scientific studies concerning the safety and effectiveness of Seroquel.

In addition to the $68.5 million payment, the terms of the Consent Judgment include injunctive provisions that the states identified in their investigation. The Consent Judgment requires that AstraZeneca not promote Seroquel in a false, misleading or deceptive manner, including for “off-label” uses (uses that are not approved by the U.S. Food and Drug Administration). The Consent Judgment also requires AstraZeneca to do the following:

• Publicly post its payments to physicians on a website; 
• Ensure that it does not give financial incentives to marketing and sales personnel for off-label marketing;
• Ensure that its sales personnel do not promote Seroquel to health care providers who are unlikely to prescribe Seroquel for an FDA-approved use; and
• Atypical anti-psychotics, including Seroquel, can produce dangerous side effects, including weight gain, hyperglycemia, diabetes, cardiovascular complications, an increased risk of mortality in elderly patients with dementia and other severe conditions.

Although a physician is allowed to prescribe drugs for off-label uses, the law prohibits pharmaceutical manufacturers from marketing their products for off-label uses. As alleged, AstraZeneca unlawfully marketed Seroquel for a number of off-label uses, including for use in pediatric and geriatric populations, specifically in nursing homes for Alzheimer’s Disease and Dementia. The States also alleged that AstraZeneca marketed Seroquel for anxiety, depression, sleep disorders, and post traumatic stress disorders even though the FDA had not approved Seroquel as a treatment for these conditions at the time AstraZeneca marketed Seroquel.

In addition to Arizona, the Attorneys General of the following states and the District of Columbia participated in the settlement: California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia and Wisconsin.

This matter was handled by AAG Noreen R. Matts.

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ATTORNEY GENERAL TOM HORNE ANNOUNCES COMPLAINT FOR INJUNCTION AGAINST SMOKE FREELY, LLC

PHOENIX (Wednesday March 9, 2011) -- Attorney General Tom Horne today filed a complaint in Pima County Superior Court for injunctive relief, restitution and civil penalties against Smoke Freely, LLC, an Arizona limited liability corporation. Smoke Freely offers Prado Electronic Cigarettes (“Prado E-Cig”) for sale. An Electronic Cigarette or “E-Cig” is a battery-powered device that can provide inhaled doses of nicotine by delivering a vaporized solution. Professional Marketing Associates, Inc. (“PMA”), a Massachusetts corporation, provides fulfillment services for Smoke Freely and responded to consumer complaints forwarded to Smoke Freely by our office.

While Smoke Freely states its merchandise is not a smoking cessation device, PMA represents that the Prado E-Cig “is an electronic cigarette used as a smoking cessation device.” The Prado E-Cig has not been approved by the FDA as a smoking cessation device.

Defendants also make misrepresentations about their “Risk Free Trial.” Defendants represent to consumers that consumers can pay shipping & handling and try a Prado E-Cig for free. Defendants also represent that consumers can return the Prado E-Cig within the trial period and not be charged anything more than the shipping & handling charge. In reality, some consumers do not receive the Prado E-Cig before the trial period expires, other consumers are charged additional fees before the trial period expires and still other consumers’ returns were considered “invalid” and those consumers were automatically enrolled to receive additional products and were charged for those products.

If you believe you have been a victim of consumer fraud, please contact the Attorney General's Office in Phoenix at 602.542.5763; in Tucson at 520.628.6504; or outside the Phoenix and Tucson metro areas at 1.800.352.8431. To file a complaint in person, the Attorney General’s Office has satellite offices throughout the state with volunteers available to help. Locations and hours of operation are posted on the Attorney General’s Web site, www.azag.gov. Consumers can also file complaints online by visiting www.azag.gov/consumer/complaintform.html."

This case was handled by AAG Taren Ellis.

SmokeFreely.pdf

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ATTORNEY GENERAL TOM HORNE ANNOUNCES SETTLEMENT AGREEMENT WITH QUIK CASH FINANCIAL SERVICES

PHOENIX (Tuesday March 8, 2011) -- Attorney General Tom Horne announced today a consent judgment against Quik Cash Financial Services to pay up to $170,000 in restitution to “eligible consumers” that were victims of consumer fraud. Quik Cash was a pay day lender which operated in most Arizona counties.

“Eligible Consumers” are those non-residents of Pima County who obtained pay day loans from Quik Cash outside of Pima County and against whom Defendants obtained a default judgment in the Pima County Justice Court and received funds from its collection efforts, including garnishments, which funds were applied to such default judgments.

The Attorney General filed a lawsuit against Quik Cash in December 2009, alleging that the company, in order to obtain as many defaults as possible against consumers who lived outside of Pima and Maricopa counties, filed for default judgments and, in many cases obtained garnishment orders, in Pima County against non-county residents. Quik Cash’s actions allegedly deprived consumers of their right to appear in court or to contest judgments and garnishments and in some cases, allowed Quik Cash to collect on debts consumers had already paid.

The consent judgment requires Quik Cash to comply with the Consumer Fraud Act. In addition, Quik Cash must do the following:

1. If Quik Cash has not already filed releases of the default judgments and garnishments it obtained against Eligible Consumers, Quik Cash shall file releases within ten days of the Effective Date (Tuesday, March 8, 2011).
2. Quik Cash will pay up to $170,000 in restitution to Eligible Consumers within thirty days of the Effective Date. Quik Cash must send a letter explaining that Quik Cash and the Attorney General’s Office have entered into a settlement and that Quik Cash has released the Eligible Consumer’s default judgment and garnishment.
3. Quik Cash will enclose a restitution check with the letter. The envelope containing both must contain the words “Quik Cash Refund” so that consumers do not throw the checks away.
4. Quik Cash must provide a report to the Office within thirty days of mailing the refund checks to include a sample refund letter; the names and addresses of the Eligible Consumers; and the amount of the restitution check Quik Cash sent to each consumer.
5. If restitution checks are returned to Quik Cash as undeliverable, Quik Cash shall use all reasonable efforts to locate the Eligible Consumers. If, after ninety days from receiving the returned checks, Quik Cash has not been able to locate the Eligible Consumers, Quik Cash shall pay the total amount of the undeliverable checks to our Office to be deposited into the Consumer Fraud Revolving Fund as fees and costs.
6. If Eligible Consumers do not cash restitution checks within 120 days of the date of the restitution checks, Quik Cash must pay the total amount of cancelled checks to the Attorney General’s Office to be deposited into the Consumer Fraud Revolving Fund as fees and costs.
7. Quik Cash is required to pay $67,500 to the Attorney General’s office for attorney’s fees and costs.

Horne concluded: “Payday lending is now illegal in Arizona. If consumers are aware of continued payday lending activity or believe they are a victim of consumer fraud, please contact the Arizona Attorney General’s office at (602) 542-5763.”

This case was handled by AAG Noreen Matts.

QuikCash_3-8-11.pdf

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Attorney General Horne Announces Indictment of Scott Helmer on Charges of Fraudulent Schemes

PHOENIX (Wednesday, February 23, 2011) -- Attorney General Tom Horne announced today that Scott Arthur Helmer, 36, of Tempe, Arizona was indicted by an Arizona State Grand Jury of 20 charges related to his operation of his insurance business, Helmer Risk Management, LLC located in Scottsdale, Arizona.

Helmer is charged with eleven counts of Fraudulent Schemes and Artifices, class 2 felonies, five counts of Theft, class 2 felonies and four counts of Theft, class 3 felonies.

The indictment alleges between November 1, 2008 and December 31, 2009 that Helmer, in his capacity as a licensed insurance broker inArizona, diverted insurance premiums for commercial policies covering eleven businesses. The State alleges that Helmer used the premiums paid by the businesses to finance his insurance agency and personal lifestyle instead of forwarding the money to the appropriate insurance companies.

Scott Helmer and Helmer’s Risk Management, LLC’s insurance licenses were revoked by the Arizona Department of Insurance on November 18, 2009.

These charges are merely allegations, and Scott Helmer is presumed innocent until and unless proven guilty.

This case was investigated by the Arizona Department of Insurance Fraud Unit. Arraignment for Scott Helmer is scheduled for February 28, 2011 at 8:30 a.m. before Commissioner Rees of the Maricopa County Superior Court.



Indictment Below:

THOMAS C. HORNE
Attorney General
Firm Bar No. 14000

BEVERLY RUDNICK
State Bar No. 024531
Assistant Attorney General
1275 West Washington Street
Phoenix, Arizona 85007-2926
Telephone 602-542-3881
crmFraud@azag.gov

Attorneys for Plaintiff

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF MARICOPA

STATE OF ARIZONA,                         Plaintiff, v. SCOTT ARTHUR HELMER, (001)                         Defendant.

Case No:    68 SGJ INDICTMENT CHARGING VIOLATIONS OF: COUNTS 1-11: FRAUDULENT SCHEMES AND ARTIFICES, Class 2 Felonies, in violation of A.R.S. 13-2310; COUNTS 12-16: THEFT, Class 2 Felonies, in violation of A.R.S. § 13-1802; COUNTS 17-20: THEFT, Class 3 Felonies, in violation of A.R.S. § 13-1802.

The Arizona State Grand Jury accuses SCOTT ARTHUR HELMER, charging on this    
     day of February, 2011 that in or from Maricopa County, Arizona:

COUNT 1: FRAUDULENT SCHEMES AND ARTIFICES

During a period of time beginning on or about June 1, 2009, and ending on or about October 31, 2009, Defendant SCOTT ARTHUR HELMER pursuant to a scheme or artifice to defraud, knowingly obtained a benefit by means of false or fraudulent pretenses, representations, promises or material omissions, in violation of A.R.S. §§13-2310, 13-2301, 13-603, 13-701, 13-702, 13-703, 13-801 and 13-804.
Said conduct occurred when SCOTT ARTHUR HELMER obtained proceeds from Algae Energae and Standard Funding Corporation for premiums to purchase an insurance policy and SCOTT ARTHUR HELMER did not forward all of those proceeds towards the purchase of an insurance policy with XL Specialty Insurance Company.

COUNT 2: FRAUDULENT SCHEMES AND ARTIFICES

During a period of time beginning on or about March 1, 2009, and ending on or about October 31, 2009, Defendant SCOTT ARTHUR HELMER pursuant to a scheme or artifice to defraud, knowingly obtained a benefit by means of false or fraudulent pretenses, representations, promises or material omissions, in violation of A.R.S. §§13-2310, 13-2301, 13-603, 13-701, 13-702, 13-703, 13-801 and 13-804.

Said conduct occurred when SCOTT ARTHUR HELMER obtained proceeds from Blackwell Enterprises and Standard Funding Corporation for premiums to purchase an insurance policy and SCOTT ARTHUR HELMER did not forward all of those proceeds towards the purchase of an insurance policy with Arch Specialty Insurance.

COUNT 3: FRAUDULENT SCHEMES AND ARTIFICES

During a period of time beginning on or about March 1, 2009, and ending on or about October 31, 2009, Defendant SCOTT ARTHUR HELMER pursuant to a scheme or artifice to defraud, knowingly obtained a benefit by means of false or fraudulent pretenses, representations, promises or material omissions, in violation of A.R.S. §§13-2310, 13-2301, 13-603, 13-701, 13-702, 13-703, 13-801 and 13-804.

Said conduct occurred when SCOTT ARTHUR HELMER obtained proceeds from High Mountain Inspection and Standard Funding Corporation for premiums to purchase insurance policies and SCOTT ARTHUR HELMER did not forward all of those proceeds towards the purchase of insurance policies with Arch Specialty Insurance, Lexington Insurance Company, Fireman’s Fund Insurance Group, Interstate Fire Insurance Company and Indian Harbor Insurance.

COUNT 4: FRAUDULENT SCHEMES AND ARTIFICES

During a period of time beginning on or about November 1, 2008, and ending on or about July 31, 2009, Defendant SCOTT ARTHUR HELMER pursuant to a scheme or artifice to defraud, knowingly obtained a benefit by means of false or fraudulent pretenses, representations, promises or material omissions, in violation of A.R.S. §§13-2310, 13-2301, 13-603, 13-701, 13-702, 13-703, 13-801 and 13-804.

Said conduct occurred when SCOTT ARTHUR HELMER obtained proceeds from J & L Pipeline and Standard Funding Corporation for premiums to purchase insurance policies and SCOTT ARTHUR HELMER did not forward all of those proceeds towards the purchase of insurance policies with Arch Specialty Insurance, RSUI Indemnity and American International Specialty Insurance Company.

COUNT 5: FRAUDULENT SCHEMES AND ARTIFICES

During a period of time beginning on or about March 1, 2009, and ending on or about August  31, 2009, Defendant SCOTT ARTHUR HELMER pursuant to a scheme or artifice to defraud, knowingly obtained a benefit by means of false or fraudulent pretenses, representations, promises or material omissions, in violation of A.R.S. §§13-2310, 13-2301, 13-603, 13-701, 13-702, 13-703, 13-801 and 13-804.

Said conduct occurred when SCOTT ARTHUR HELMER obtained proceeds from Wesco Minerals and Standard Funding Corporation for premiums to purchase an insurance policy and SCOTT ARTHUR HELMER did not forward all of those proceeds towards the purchase of an insurance policy with Fireman’s Fund Insurance Group.

COUNT 6: FRAUDULENT SCHEMES AND ARTIFICES

During a period of time beginning on or about July 1, 2009, and ending on or about October 31, 2009, Defendant SCOTT ARTHUR HELMER pursuant to a scheme or artifice to defraud, knowingly obtained a benefit by means of false or fraudulent pretenses, representations, promises or material omissions, in violation of A.R.S. §§13-2310, 13-2301, 13-603, 13-701, 13-702, 13-703, 13-801 and 13-804.

Said conduct occurred when SCOTT ARTHUR HELMER obtained proceeds from Ferguson Service Systems and Standard Funding Corporation for premiums to purchase insurance policies and SCOTT ARTHUR HELMER did not forward all of those proceeds towards the purchase of insurance policies with Fireman’s Fund Insurance Group, Century Surety Company and Commerce & Industry Insurance Company.

COUNT 7: FRAUDULENT SCHEMES AND ARTIFICES

During a period of time beginning on or about July 1, 2009, and ending on or about October 31, 2009, Defendant SCOTT ARTHUR HELMER pursuant to a scheme or artifice to defraud, knowingly obtained a benefit by means of false or fraudulent pretenses, representations, promises or material omissions, in violation of A.R.S. §§13-2310, 13-2301, 13-603, 13-701, 13-702, 13-703, 13-801 and 13-804.

Said conduct occurred when SCOTT ARTHUR HELMER obtained proceeds from Citrus Energy, LLC and Standard Funding Corporation for premiums to purchase insurance policies and SCOTT ARTHUR HELMER did not forward all of those proceeds towards the purchase of insurance policies with Indian Harbor Insurance Company, USF Insurance Company and Associated International Insurance.

COUNT 8: FRAUDULENT SCHEMES AND ARTIFICES

During a period of time beginning on or about July 1, 2009, and ending on or about September 30, 2009, Defendant SCOTT ARTHUR HELMER pursuant to a scheme or artifice to defraud, knowingly obtained a benefit by means of false or fraudulent pretenses, representations, promises or material omissions, in violation of A.R.S. §§13-2310, 13-2301, 13-603, 13-701, 13-702, 13-703, 13-801 and 13-804.

Said conduct occurred when SCOTT ARTHUR HELMER obtained proceeds from Drexel Diesel Services and Standard Funding Corporation for premiums to purchase an insurance policy and SCOTT ARTHUR HELMER did not forward all of those proceeds towards the purchase of an insurance policy with Arch Specialty Insurance.

COUNT 9: FRAUDULENT SCHEMES AND ARTIFICES

During a period of time beginning on or about May 1, 2009, and ending on or about December 31, 2009, Defendant SCOTT ARTHUR HELMER pursuant to a scheme or artifice to defraud, knowingly obtained a benefit by means of false or fraudulent pretenses, representations, promises or material omissions, in violation of A.R.S. §§13-2310, 13-2301, 13-603, 13-701, 13-702, 13-703, 13-801 and 13-804.

Said conduct occurred when SCOTT ARTHUR HELMER obtained proceeds from Turner Point Energy and Standard Funding Corporation for premiums to purchase an insurance policy and SCOTT ARTHUR HELMER did not forward all of those proceeds towards the purchase of an insurance policy with Maxum Indemnity Company.

COUNT 10: FRAUDULENT SCHEMES AND ARTIFICES

During a period of time beginning on or about April 1, 2009, and ending on or about October 31, 2009, Defendant SCOTT ARTHUR HELMER pursuant to a scheme or artifice to defraud, knowingly obtained a benefit by means of false or fraudulent pretenses, representations, promises or material omissions, in violation of A.R.S. §§13-2310, 13-2301, 13-603, 13-701, 13-702, 13-703, 13-801 and 13-804.

Said conduct occurred when SCOTT ARTHUR HELMER obtained proceeds from Doug Terry Racing and Standard Funding Corporation for premiums to purchase an insurance policy and SCOTT ARTHUR HELMER did not forward all of those proceeds towards the purchase of an insurance policy with Fireman’s Fund Insurance Group.

COUNT 11: FRAUDULENT SCHEMES AND ARTIFICES

During a period of time beginning on or about July 1, 2009, and ending on or about October 31, 2009, Defendant SCOTT ARTHUR HELMER pursuant to a scheme or artifice to defraud, knowingly obtained a benefit by means of false or fraudulent pretenses, representations, promises or material omissions, in violation of A.R.S. §§13-2310, 13-2301, 13-603, 13-701, 13-702, 13-703, 13-801 and 13-804.

Said conduct occurred when SCOTT ARTHUR HELMER obtained proceeds from Arizona Clean Fuels and Standard Funding Corporation for premiums to purchase an insurance policy and SCOTT ARTHUR HELMER did not forward all of those proceeds towards the purchase of an insurance policy with Essex Insurance Company.

COUNT 12: THEFT

During a period of time beginning on or about June 1, 2009, and ending on or about October 31, 2009, Defendant SCOTT ARTHUR HELMER without lawful authority, knowingly converted for an unauthorized term or use services or property of another, in an amount more than $25,000,  entrusted to him or placed in his possession for a limited, authorized term or use in violation of A.R.S. §§13-1802(A)(2), 13-1801, 13-1802(G), 13-1802(H), 13-603, 13-701, 13-702, 13-801, and 13-804.

            Said conduct occurred when SCOTT ARTHUR HELMER used monies entrusted to him, as a licensed insurance agent, by Algae Energae and Standard Funding Corporation to be used for the purchase of an insurance policy. SCOTT ARTHUR HELMER used these funds for his own unauthorized purposes.

COUNT 13: THEFT

During a period of time beginning on or about March 1, 2009, and ending on or about October 31, 2009, Defendant SCOTT ARTHUR HELMER without lawful authority, knowingly converted for an unauthorized term or use services or property of another, in an amount more than $25,000,  entrusted to him or placed in his possession for a limited, authorized term or use in violation of A.R.S. §§13-1802(A)(2), 13-1801, 13-1802(G), 13-1802(H), 13-603, 13-701, 13-702, 13-801, and 13-804.

            Said conduct occurred when SCOTT ARTHUR HELMER used monies entrusted to him, as a licensed insurance agent, by Blackwell Enterprises and Standard Funding Corporation to be used for the purchase of an insurance policy. SCOTT ARTHUR HELMER used these funds for his own unauthorized purposes.

COUNT 14: THEFT

During a period of time beginning on or about March 1, 2009, and ending on or about October 31, 2009, Defendant SCOTT ARTHUR HELMER without lawful authority, knowingly converted for an unauthorized term or use services or property of another, in an amount more than $25,000,  entrusted to him or placed in his possession for a limited, authorized term or use in violation of A.R.S. §§13-1802(A)(2), 13-1801, 13-1802(G), 13-1802(H), 13-603, 13-701, 13-702, 13-801, and 13-804.

            Said conduct occurred when SCOTT ARTHUR HELMER used monies entrusted to him, as a licensed insurance agent, by High Mountain Inspection and Standard Funding Corporation to be used for the purchase of an insurance policy. SCOTT ARTHUR HELMER used these funds for his own unauthorized purposes.

COUNT 15: THEFT

During a period of time beginning on or about November 1, 2008, and ending on or about July 31, 2009, Defendant SCOTT ARTHUR HELMER without lawful authority, knowingly converted for an unauthorized term or use services or property of another, in an amount more than $25,000,  entrusted to him or placed in his possession for a limited, authorized term or use in violation of A.R.S. §§13-1802(A)(2), 13-1801, 13-1802(G), 13-1802(H), 13-603, 13-701, 13-702, 13-801, and 13-804.

            Said conduct occurred when SCOTT ARTHUR HELMER used monies entrusted to him, as a licensed insurance agent, by J & L E Pipeline and Standard Funding Corporation to be used for the purchase of an insurance policy. SCOTT ARTHUR HELMER used these funds for his own unauthorized purposes.

COUNT 16: THEFT

During a period of time beginning on or about March 1, 2009, and ending on or about August  31, 2009, Defendant SCOTT ARTHUR HELMER without lawful authority, knowingly converted for an unauthorized term or use services or property of another, in an amount more than $25,000,  entrusted to him or placed in his possession for a limited, authorized term or use in violation of A.R.S. §§13-1802(A)(2), 13-1801, 13-1802(G), 13-1802(H), 13-603, 13-701, 13-702, 13-801, and 13-804.

            Said conduct occurred when SCOTT ARTHUR HELMER used monies entrusted to him, as a licensed insurance agent, by Wesco Minerals and Standard Funding Corporation to be used for the purchase of an insurance policy. SCOTT ARTHUR HELMER used these funds for his own unauthorized purposes.

COUNT 17: THEFT

During a period of time beginning on or about July 1, 2009, and ending on or about October 31, 2009, Defendant SCOTT ARTHUR HELMER without lawful authority, knowingly converted for an unauthorized term or use services or property of another, in an amount more than $4,000 but less than $25,000,  entrusted to him or placed in his possession for a limited, authorized term or use in violation of A.R.S. §§13-1802(A)(2), 13-1801, 13-1802(G), 13-1802(H), 13-603, 13-701, 13-702, 13-801, and 13-804.

            Said conduct occurred when SCOTT ARTHUR HELMER used monies entrusted to him, as a licensed insurance agent, by Ferguson Service Systems and Standard Funding Corporation to be used for the purchase of an insurance policy. SCOTT ARTHUR HELMER used these funds for his own unauthorized purposes.

COUNT 18: THEFT

During a period of time beginning on or about July 1, 2009, and ending on or about October 31, 2009, Defendant SCOTT ARTHUR HELMER without lawful authority, knowingly converted for an unauthorized term or use services or property of another, in an amount more than $4,000 but less than $25,000,  entrusted to him or placed in his possession for a limited, authorized term or use in violation of A.R.S. §§13-1802(A)(2), 13-1801, 13-1802(G), 13-1802(H), 13-603, 13-701, 13-702, 13-801, and 13-804.

            Said conduct occurred when SCOTT ARTHUR HELMER used monies entrusted to him, as a licensed insurance agent, by Citrus Energy, LLC and Standard Funding Corporation to be used for the purchase of an insurance policy. SCOTT ARTHUR HELMER used these funds for his own unauthorized purposes.

COUNT 19: THEFT

During a period of time beginning on or about July 1, 2009, and ending on or about September 30, 2009, Defendant SCOTT ARTHUR HELMER without lawful authority, knowingly converted for an unauthorized term or use services or property of another, in an amount more than $4,000 but less than $25,000,  entrusted to him or placed in his possession for a limited, authorized term or use in violation of A.R.S. §§13-1802(A)(2), 13-1801, 13-1802(G), 13-1802(H), 13-603, 13-701, 13-702, 13-801, and 13-804.

            Said conduct occurred when SCOTT ARTHUR HELMER used monies entrusted to him, as a licensed insurance agent, by Drexel Diesel Services and Standard Funding Corporation to be used for the purchase of an insurance policy. SCOTT ARTHUR HELMER used these funds for his own unauthorized purposes.

COUNT 20: THEFT

During a period of time beginning on or about May 1, 2009, and ending on or about December 31, 2009, Defendant SCOTT ARTHUR HELMER without lawful authority, knowingly converted for an unauthorized term or use services or property of another, in an amount more than $4,000 but less than $25,000,  entrusted to him or placed in his possession for a limited, authorized term or use in violation of A.R.S. §§13-1802(A)(2), 13-1801, 13-1802(G), 13-1802(H), 13-603, 13-701, 13-702, 13-801, and 13-804.

            Said conduct occurred when SCOTT ARTHUR HELMER used monies entrusted to him, as a licensed insurance agent, by Turner Point Energy and Standard Funding Corporation to be used for the purchase of an insurance policy. SCOTT ARTHUR HELMER used these funds for his own unauthorized purposes.

Pursuant to A.R.S. § 21-425, the State Grand Jurors find that the offenses described above were committed in Maricopa County, Arizona.

                                                                    
(A "True Bill")

THOMAS C. HORNE
ATTORNEY GENERAL
STATE OF ARIZONA  
Dated:                                                                   



                                                                                                                                                                    
BEVERLY RUDNICK                                                   Foreperson of the State Grand Jury
Assistant Attorney General

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*** Consumer Advisory *** Tom Horne Warns Consumers to Watch out for Bogus Solicitations from "Title Compliance"

(Phoenix, Ariz. - January 14, 2011)  Attorney General Tom Horne is warning Arizona consumers to watch out for solicitations from a company called "Title Compliance, Records Retrieval Division."   The official looking solicitation offers to obtain a certified copy of the property owners' deed, advising that a "current copy" should be obtained "due to property foreclosures and loan modifications in your county." 

Property owners are advised that foreclosures and loan modifications in their neighborhood have no effect on their own property deed.  Deeds typically do not change unless the property owner recently purchased, sold or refinanced their property.  Property owners can review their deed, at no cost, by visiting their county recorders website.   

The solicitation requests that consumers send $157.00 to Title Compliance on or before 1/28/11 to obtain a certified copy of their deed.  While it is advisable for all property owners to have a copy, there is no requirement to do so.  Also, property owners who desire a certified copy of their deed can do so, by visiting their county recorders website.  A certified copy of a property deed costs less than $10. 

If you believe you have been a victim of consumer fraud, please contact the Attorney General's office in Phoenix at 602-542-5763 in Tucson at 520-628-6504, or outside the Phoenix and Tucson metro areas at 1-800-352-8431.  Consumers can also file complaints online by visiting the Attorney General's website at www.azag.gov.  To file a complaint in person, the Attorney General's office has satellite offices throughout the state.  Locations and hours of operation are posted on the Attorney General's website.

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