State News from Muncie Free Press

 An investigation conducted by the Secretary of State prompts Attorney General lawsuit against the companies for defrauding Indiana businesses

INDIANAPOLIS–  Indiana Corporate Compliance, International Corporate Compliance, Inc. and Papillon Global Marketing, LLC are no longer allowed to misrepresent themselves as a government agency to Indiana business owners Attorney General Greg Zoeller announced today. The Marion County Superior Court issued a permanent injunction requiring the companies to immediately stop sending any written notices or transmissions that could reasonably be interpreted as a compliance notice from a government entity.

In May, the attorney general’s office filed a complaint against the companies, most commonly known as Indiana Corporate Compliance, alleging multiple violations of Indiana’s Deceptive Commercial Solicitation Act. Individuals Aaron V. Williams and Lisa Diane Brown, both of California, were also named in the lawsuit. Indiana Corporate Compliance had been sending letters to businesses all over Indiana under the guise of the Business Services Division of Indiana Secretary of State Todd Rokita’s office, citing a fictitious state law implying businesses were required to send up to $150 for record keeping services.

“The hazard this company poses to Indiana businesses is imminent and the courts did the right thing by recognizing that fact and granting the injunction. These companies can not continue to misrepresent themselves as a legal operation.” Zoeller said. “The collaborative effort between the Secretary of State’s office and the Office of the Attorney General was an effective and necessary approach to protect Hoosiers and prevent fraud in Indiana.”

The Secretary of State’s office, which registers and certifies Indiana businesses, began an investigation as a result of complaints it received from businesses. A hearing will be scheduled to determine the total amount of damages which could be awarded to those who fell victim to the scam. At least 300 Indiana businesses received letters over a period of two years from Indiana Corporate Compliance and its affiliates.

Recipients of the letters reported believing the compliance notices were generated by a government agency and were misleading and confusing. As a result, the court found it reasonable that business owners would be confused and would comply with the notice.

“The permanent injunction is an important step forward in our ongoing efforts to prevent Indiana businesses from being deceived,” said Secretary Rokita. “Obtaining this judgment is the direct result of the tireless work by my investigators and the cooperation of hundreds of businesses from around the state who were targeted by this scam.  My office will continue to make businesses aware of these types of scams, and I thank Attorney General Zoeller and his team for working with us to bring justice through the legal system.”

State law requires periodic business entity reporting, but fees are only $30 every two years for for-profit entities and $10 every year for non-profit organizations. No business has reported receiving any services from Indiana Corporate Compliance.

After learning about the scam, Secretary Rokita issued warnings through the media, sent e-mails to Indiana businesses and posted warnings on his Web page to ignore the letter. Businesses wishing to check the validity of any mailing from the Indiana Secretary of State’s Business Services Division should contact the division online at www.in.gov/sos/business/.

To file a consumer complaint with the Indiana Attorney General’s office, visit www.IndianaConsumer.com or call 1-800-382-5516.

PENDLETON, IN - Lt. Clint Bundy, Commander of the Pendleton Post, would like everyone to observe the following Indiana fireworks laws to make the holiday celebration not only legal but safe.  

• Only individuals 18 years of age or older can purchase fireworks.
• A person 18 years of age or older has to be present when anyone younger than 18 is using or possessing fireworks.
• Fireworks can only be used on the user’s property, the property of someone who granted permission for fireworks to be discharged, or a place designated by the Indiana State Fire Marshal for the discharge of consumer fireworks.
• Fireworks can only be discharged between the hours of 9:00 a.m. to 11:00 p.m. any day except on Memorial Day, Independence Day, Labor Day, and New Year’s Eve where the times are 9:00 a.m. to midnight.

Anyone who violates the above law can be charged with a Class C Infraction.  Further, if a person recklessly, knowingly, or intentionally uses fireworks and the violation causes property damage they can be charged with a class A misdemeanor.  If the misuse results in bodily injury the penalty enhanced to a class D felony and if a death results the penalty is enhanced to a class C felony.  

Anyone who plans to use fireworks at anytime during the year should check local government entities for any local ordinances which may further restrict or have additional requirements for the use of fireworks. 

Children using fireworks should be monitored closely by an adult.  Each year many children suffer severe burns to the hands and arms as well as other injuries due to improper handling of sparklers, bottle rockets, and firecrackers.  Do your part in making this year’s celebration a safe one.

PERU, IN - Recently, a two week long criminal investigation by Indiana State Police Detective Tony Frawley has resulted in the arrests of John Williamson, 27, and his wife, Tara Williamson, 32, both of Peru, IN. John is charged with 10 class A misdemeanor counts for invasion of privacy. Tara faces 10 class A misdemeanor charges for aiding and inducing invasion of privacy. She also faces an additional class D felony charge of perjury and a class A misdemeanor charge for false informing. They are both incarcerated in the Miami County Jail. 
Detective Frawley started his investigation at the request of the Miami County Prosecutor’s Office.  On April 29, 2009, John Williamson was arrested by officers from the Miami County Sheriff’s Department for purportedly battering his wife. On May 7, a no contact order was issued from Miami Superior Court II ordering the Williamsons to avoid any contact with each other.
Detective Frawley’s investigation revealed that they allegedly repeatedly violated the order by conducting phone conversations from the jail, where John has remained since his arrest. While interviewing Tara, Detective Frawley also noticed inconsistencies in her version of the alleged battery by her husband.
The version was purportedly different than what she had reported to the Miami County Sheriff‘s investigator. John was served a Miami Superior Court II arrest warrant by Miami County Sheriff’s Officers at the jail. Tara was arrested by Detective Frawley after she attended a Miami County court hearing in a matter related to her children.  
 

FOUNTAIN COUNTY, IN  – Saturday, at approximately 3:30 p.m., officers from the Indiana State Police and Fountain County Sheriff’s Department responded to a two-vehicle crash on U.S. 41 at Stone Bluff Road, which killed a Romney, IN, man. 

Preliminary investigation by Trooper Ted Robertson revealed that a 2001 Harley Davidson motorcycle driven by Chase S. Hill, 25, Romney, IN, was traveling eastbound on Stone Bluff Road. The motorcycle failed to stop for a stop sign at the intersection of U.S. 41. The motorcycle traveled onto U.S. 41 and was struck by a southbound 2007 GMC Yukon driven by Christine J. Gilmore, 63, Attica, IN.

Hill and  Lauren E. Vigstol, 22, Lafayette, IN,  a passenger on the motorcycle, were ejected from the bike. Hill was pronounced dead at the scene from massive blunt force trauma to his head and chest by Fountain County Coroner Wallace Hooker. Vigstol was taken by PHI helicopter to Methodist Hospital in Indianapolis. She is in critical condition with life threatening injuries. Neither occupants of the motorcycle was wearing a helmet. Gilmore, who was wearing a seat belt, was not injured.

This crash is still under investigation. 

Trooper Robertson was assisted in this investigation by ISP Trooper Detective Jim Cody, Trooper Mike Krueger, Veedersburg Fire Department, and Fountain County EMS.

INDIANAPOLIS, IN - – On the morning of Wednesday June 17, 2009,  at approximately 7:00 a.m., Indiana State Police responded to reports of a reckless driving vehicle on Indy’s north side.  The vehicle was located and fled from Troopers resulting in the driver being arrested. 

Preliminary investigation revealed the Indiana State Police Indianapolis Post received several phone calls in reference to a reckless driving vehicle, a red 1998 Jeep Wrangler, driving east bound on I-465 near the 27 mile-marker.  Troopers were sent to the area and Indiana State Police Captain Ed Schroder located the vehicle driving southbound on the left shoulder of I-465 near the 40 mile-marker. 

Captain Schroder attempted to stop the vehicle and the vehicle continued southbound on I-465, driving in a very reckless manner.  The vehicle drove onto the inside and outside shoulder of I-465 nearly striking several cars.  Troopers unsuccessfully attempted to deflate the fleeing vehicles tires utilizing stop sticks at the 43 mile-marker and again at the 48 mile-marker. 

Troopers continued to attempt to stop the vehicle as the driver intentionally swerved trying to collide with the police cars.  At the 50 mile-marker Captain Schroder attempted to pass the suspect vehicle on the left shoulder as the vehicle continued southbound in the left lane.  As Captain Schroder started to pass, the driver swerved to the left, intentionally striking and pinning Schroder’s police car, a gray Crown Victoria, into the barrier wall. 

The vehicle continued southbound for nearly a half mile before coming to a stop.  The driver was taken into custody without further incident.  The driver was identified as Adrianne E. Servaas, 30, Indianapolis, IN.  Servaas was transported to Wishard Hospital for a psychological evaluation.  Captain Schroder was taken to Methodist Hospital to be treated for minor injuries (complaint of pain). 

ARRESTED AND CHARGES:

Adrianne E. Servaas, 30, 5728 McCloud Ct., Indianapolis, IN

1. Criminal Recklessness with a Deadly Weapon – Class C Felony
2. Battery with a Deadly Weapon – Class C Felony
3. Numerous Traffic Violations

 
Investigating Officer:  Trooper Shana Kennedy

ROCHESTER, IN – On the night of June 11, 2009, a nine month long drug investigation by Indiana State Police Trooper T.J. Zeiser and Rochester Police Officer Andy Schotts  resulted in the arrest of David E. Basile, 48, 1307 Dogwood Drive, Rochester, IN.

Basile faces class D felony charges for cultivating marijuana, maintaining a common nuisance, and possession of marijuana over 30 grams. He also faces misdemeanor charges for possession of switch blade knives and possession of drug paraphernalia.

He was incarcerated in the Fulton County Jail with a bond of $7,500. He has bonded out.

Last night officers from the Indiana State Police, Rochester Police Department, Fulton County Sheriff’s Department, and A.T.F served a Fulton Superior Court search warrant on Basile’s Rochester home. Officers allegedly found an active marijuana grow operation in the basement of the house.

Officers purportedly seized 13 marijuana plants, approximately $15,000 in hydroponic growing equipment, assault weapons, including a launcher used to dispense flares and gas canisters, and switch blade knives. 

“This was a sophisticated growing operation,” stated Indiana State Trooper T.J. Zeiser. “Due to the outstanding work by Rochester Police Officer Andy Schotts along with the various agencies involved in executing the search warrant, we were able to take down this operation before large quantities of marijuana could be produced.” 

This is an ongoing investigation.  

Officer Schotts and Trooper Zeiser were also assisted at the scene by Fulton County Sheriff Walker Conley, Rochester Police Officer Jim Reasons, Fulton County Sheriff’s Deputy Larry Jolley, Trooper Mike Meiser, Trooper Mike Tomson, Trooper Todd Trottier, and ISP Sergeant Chad Larsh. 

Honored for work on women’s issues in Indiana

INDIANAPOLIS, IN - In recognition of her commitment to women’s human rights, State Senator Sue Errington (D-Muncie) has been named to the Center for Women Policy Studies’ National Honor Roll of State Legislators. Errington is one of more than 400 state legislators who have accepted the Center’s invitation to join its honor roll of lawmakers who have demonstrated their dedication to promoting women’s equality and empowerment. 

“We are honored to welcome Senator Errington to the National Honor Roll. I know that the women of Indiana can count on her determination, knowledge, and political skills to improve the status and condition of Indiana’s women and girls,” Center President Leslie R. Wolfe said. 

The Center, founded in 1972, promotes women’s human rights through enlightened public policy and is located in Washington, D.C.

“It is an honor for me to join with other legislators across the nation as we work to improve the lives and opportunities of women and girls in our states,” Sen. Errington said. 

This year, Errington sponsored House Act 1133, which requires Indiana’s Civil Rights Commission to establish a job evaluation system to determine the comparable value of the work performed by each class of state employees. The study is designed to answer the question of whether state jobs dominated by women or minorities are paid equally to state jobs dominated by men when the level of skills, effort, and responsibility needed to do the job is the same. At the end of the evaluation, a report will be made to the Indiana General Assembly.

“While we have accomplished much, we must remember that many women still lack access to education, job training, work that pays a living wage, health care and quality child care,” commented Errington.

Legislators named to the National Honor Roll pledge their “mutual commitment to the goal of equality and empowerment for American women” and agree “to work together to overcome discrimination based on sex, race, class, age, immigration status, sexual orientation, religion and disability.”

Legislators who join the National Honor Roll also endorse the Center’s Contract with Women of the USA®, a set of 12 principles that bring home the promises of the international Platform for Action approved by the United States and 188 other nations at the 1995 United Nations Fourth World Conference on Women in Beijing (www.centerwomenpolicy.org).

For more information on Sen. Errington, her legislative agenda or other State Senate business call 1-800-382-9467 or visit www.senatedemocrats.in.gov.

INDIANAPOLIS, IN – The Indiana National Guard’s A Company, 2-151st Infantry, armored in Hammond, Ind., will hold its departure ceremony at Wicker Park in Highland, Ind., at 6:00 p.m., on Saturday, June 6. The park is at the corner of Indianapolis Blvd. and Ridge Rd.

Indiana’s Adjutant General, Maj. Gen. R. Martin Umbarger, received notification in October that the infantry Soldiers would deploy to Afghanistan to support counterinsurgency operations.

Approximately 180 Soldiers from the unit will depart for Camp Shelby, Miss. to hone their skills critical for their time in theater. The unit is commanded by 1st Lt Mathew L. Hall, and the top enlisted Soldier is 1st Sgt. Steven J. Bishop. The Soldiers are scheduled to conduct a wide-range of force protection operations while in Afghanistan.

"The safety of our installations, and the Soldiers and civilians working there is a top priority,” said Maj. Gen. Umbarger. "I feel confident that this mission is in good hands with Alpha Company."

The unit’s deployment time should be no longer than one year.

INDIANAPOLIS, IN - Robert D. Grant, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation (FBI); Jody P. Weis, Superintendent of the Chicago Police Department (CPD); and Thomas Dart, Cook County Sheriff, were joined today by Michael S. Welch, Special Agent-in-Charge of the FBI’s Indianapolis office, in announcing the arrest of a fugitive who was wanted for the September 2008 shooting death of a Chicago man.

AKEE R. WALTON, age 28, whose last known address was 8917 South Cottage Grove in Chicago, was arrested yesterday afternoon, without incident, by FBI Special Agents and Officers from the Indianapolis Metropolitan Police Department and Marion County Sheriff’s office at 815 Rural Street in Indianapolis.

WALTON had been the subject of a nationwide manhunt, coordinated by the Chicago FBI’s Violent Crimes Task Force (VCTF), since March of this year after being charged in a criminal complaint filed in U.S. District Court in Chicago with Unlawful Flight to Avoid Prosecution, which is a felony offense.  WALTON was charged earlier by Cook County authorities with First Degree Murder for the shooting death of Isaiah Walker, following an altercation outside a fast food restaurant on Chicago’s southside.

Investigation by the CPD identified WALTON as a suspect in this murder and he was eventually charged in early October of 2008.  However, attempts by the CPD to locate and arrest him were unsuccessful.  When information was developed indicating that WALTON had fled the state, the case was referred to the FBI.  Subsequent investigation by the VCTF developed information indicating that WALTON was possibly staying with a relative in Indianapolis, and which led to the arrest announced today.

WALTON is in local custody in Indianapolis, awaiting extradition to Chicago.

The Chicago FBI’s Violent Crimes Task Force is comprised of FBI Special Agents, Detectives from the CPD and Investigators from the Cook County Sheriff’s Police Department.

The public is reminded that a complaint is not evidence of guilt and that all defendants in a criminal case are presumed innocent until proven guilty in a court of law.

Bankruptcy Court approves agreement with State Attorneys General 

INDIANAPOLIS, IN – Indiana Attorney General Greg Zoeller announced today that Fiat and the new “Chrysler Group, LLC” have agreed to honor the “Lemon Law” rights of Chrysler buyers when the new company takes control of the U.S. auto maker.

State “Lemon Laws” provide consumers with rights and procedures to obtain a refund or a replacement vehicle if a new vehicle develops a significant problem that can’t be repaired after a certain number of repair attempts.

“I commend Fiat and the Chrysler Group, LLC partners for reaching a formal consumer protection Lemon Law agreement,” Zoeller said. “While we always hope the numbers of those who are required to take advantage of the Lemon Law are low, this marks a significant ‘win’ for Hoosiers and for consumers across the country.”

The agreement reached Tuesday was negotiated by state attorneys general and was reached with the new Chrysler Group, LLC, which will be owned by Fiat, the UAW, the U.S., and Canada. Specifically, the agreement orders that Chrysler Group, LLC will “…recognize, honor and pay liabilities under Lemon Laws for additional repairs, refunds, partial refunds (monetary damages) or replacement of a defective vehicle.”

Zoeller said the states will be watching the GM bankruptcy carefully for similar issues.

Indiana’s Lemon Laws

Lemon Law rights, known as The Motor Vehicle Protection Act in Indiana, vary from state to state, but they generally apply for several years or up to certain mileage limits for new vehicles purchased or leased by consumers.

What to do if you buy a lemon?

1. Report the problem within 18 months of purchase or before 18,000 miles, whichever comes first.

2. Take your vehicle to an authorized dealer for repair.

3. Allow a dealer a reasonable number of attempts to repair, meaning your vehicle is subject to at least four repair attempts OR is out of service due to repairs for at least 30 business days and the problem still exists.

4. Request a copy of the written repair order every time you take your car to the dealer for repair or examination.

5. Read your owner’s manual or vehicle warranty carefully.

·         Is written notice to the manufacturer required? If so, you must send written notice of your problem, along with copies of all repair orders to the manufacturer at the address identified in the owner’s manual or vehicle warranty.

·         Has the manufacturer adopted an informal dispute procedure that has been certified by the Attorney General? If so, you must follow the procedure before you can file a lawsuit under the Lemon Law.

·         If notice is NOT required and the manufacturer does not have an informal dispute procedure, you may file a lawsuit without notifying the manufacturer of your claim.

6. The manufacturer has 30 days to accept return of your vehicle and, at your option, replace the vehicle or refund your money.

7. If the manufacturer does not resolve your claim, you must file a lawsuit within two years from the date you first reported the problem to the dealer. If you win the lawsuit, you can recover all your costs and attorney fees.

For more information on Indiana’s Lemon Laws go to www.IndianaConsumer.com.