Consumers Warned of Risks When Buying Gift Cards this Holiday Season

Wilmington, DE – During this holiday shopping season the Delaware Department of Justice is alerting consumers to be cautious when purchasing merchant gift cards. “During this uncertain economic climate, when retailers are filing for bankruptcy and closing their doors, people could be left holding gift cards or gift certificates that they can’t use,” stated Timothy Mullaney, Director of the Delaware Department of Justice Fraud and Consumer Protection Division.

“It’s important that consumers make informed decisions about the risks of purchasing gift cards this holiday season.”
Consumers are advised to be careful when purchasing gift cards from merchants that may file for bankruptcy. When purchasing a gift card, the Department* recommends that you:
• Buy only from sources you know and trust
• Read the fine print before you buy
• Ask about expiration dates and fees associated with a card
• Before you buy a gift card ensure that none of the protective stickers have been removed and that the back of the card has not been scratched off to reveal its PIN number
• Give the recipient the original receipt to verify the card’s purchase in case it becomes lost or stolen
• Consider the financial condition of the merchant and whether it has filed for bankruptcy Consumers who have questions or concerns about gift cards are encouraged to contact the Delaware Department of Justice toll-free consumer hotline at 1-800-220-5424 or visit www.attorneygeneral.delaware.gov.
* Information from the Federal Trade Commission was used to develop this press release. For more consumer tips from the Federal Trade Commission visit http://www.ftc.gov/.
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Delaware Announces Agreement with Mattel to Reduce Lead Paint in Toys

Wilmington, DE – Today, the Delaware Department of Justice announced that it has reached an agreement with Mattel, Inc. and its subsidiary, Fisher-Price, Inc., following a 16-month investigation into the events that led to the voluntary 2007 recall of the company’s toys for excessive lead paint. The agreement, involving Attorneys General from 38 states, requires Mattel to strengthen lead standard in its toys and to make a payment of $12 million to the participating states. Delaware’s
Consumer Protection Fund will receive $197,000. “We are acting to ensure that steps are immediately taken to reduce dangerous levels of lead in toys,” stated Timothy Mullaney,  Director of the Delaware Department of Justice Fraud and Consumer Protection Division. “This agreement holds manufacturers accountable for practices that put our children at risk.” From August 2, 2007 through October 25, 2007, the US Consumer Product Safety Commission (“CPSC”) recalled approximately 2 million Mattel and Fisher-Price toys manufactured in China, alleging that they contained excessive lead in accessible surface coatings. At the time of the recalls, the CPSC standard permitted for lead in accessible surface coatings was 600 parts per million (ppm). Lead levels taken of recalled toys during the course of the states’ investigation revealed that they not only exceeded the federal standard but in some instances tested at up to 50,000 ppm.

Today’s agreement includes stronger standards for accessible lead in surface coatings and in substrates for toys manufactured after November 30, 2008. Mattel has greed with the Attorneys General to phase in more stringent standards ahead of the timelines provided by the newly enacted Consumer Product Safety Improvement Act, which comes into effect in February, 2009. Mattel has also agreed to notify the Attorneys General if it confirms excessive lead in any of its products in violation of today’s agreement or in violation of state or federal law and to work with the Attorneys General to remedy such violations.
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Delaware Department of Justice Sentencing Announcement

Wilmington, DE – The Delaware Department of Justice today announced the sentence in the following criminal cases:
Jose Penuela, age 27 of Dover, pled guilty on October 14, 2008 in Sussex County Superior Court to Sexual Solicitation of a Child. On May 8, 2004, Penuela solicited his girlfriend’s child for sex. He was arrested on April 15, 2008 by the Delaware State Police Penuela was sentenced today in Sussex County Superior Court by Judge T. Henley Graves to 10 years in prison, followed by 1 year of home confinement, then 3 years intensive Probation. In addition, he was ordered to have no contact with children under the age of 18, register as a Tier 2 sex offender, and undergo a mental health evaluation and sexual disorder counseling.
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Michael Dunbar, age 43 of New York, pled “Guilty but Mentally Ill at the Time of the Offense” on September 12, 2008 in New Castle County Superior Court to manslaughter.
On March 8, 2007, Dunbar and Norman Feeney were socializing with several other people at the Fairwinds Motel in Bear. Dunbar and Feeney became engaged in an argument and decided to continue their confrontation outside. As Feeney bent down to put on his shoes, Dunbar stabbed him fatally in the neck. Dunbar was arrested on March 8, 2007 after turning himself in to the Delaware State Police.
Dunbar was sentenced today in New Castle County Superior Court by Judge Jerome O. Herlihy to 5 years in prison, followed by 6 months Work Release/Home Confinement, and then 5 years of intensive Probation.
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Chakkira Wonnum, age 21 of Wilmington, pled guilty on July 22, 2008 in New Castle County Superior Court to Murder 2nd Degree, Possession of a Firearm During the Commission of a Felony and Assault 1st Degree. On May 4, 2005, Wonnum called one of the victims, indicating that she wanted to get together. She asked the victim to pick her up in Wilmington. The victim made arrangements with the second victim to pick up Wonnum. After entering the car, Wonnum pulled out a gun and fired multiple times killing one victim and wounding the other. Wonnum was arrested on May 22, 2005 by Wilmington Police and Delaware State police. Wonnum was sentenced today in New Castle County Superior Court by Judge Peggy L. Ableman to 22 years in prison, followed by 6 months Work Release/Home Confinement, and then 18 months intensive Probation.
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Paul Zugehoer, age 40 of Delaware City, was convicted on April 30, 2008 in New Castle County Superior Court of 3 counts of Felony Home Improvement Fraud.
In February, 2007 a fire severely damaged a historic home in Middletown, Delaware. Zugehoer was hired to repair the damage to the home and was given over $150,000 to complete the work. Zugehoer failed to substantially complete the repairs. An investigation revealed that Zugehoer spent the homeowners’ money on personal items. Zugehoer was arrested by the Delaware State Police on September 18, 2007.
Zugehoer was sentenced today in New Castle County Superior Court by Judge Peggy L. Ableman to 2 years in prison, followed by one year of work release or home confinement, followed by one year of intensive Probation.
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David Buchanan, age 49 of Laurel, was convicted on September 24, 2008 in Sussex County Superior Court of Burglary in the 3rd Degree, Criminal Contempt, Resisting Arrest, 2 counts of Carrying a Concealed Deadly Weapon, 2 counts of Possession of a Firearm by a Person Prohibited, and possession of Firearm Ammunition by a Person Prohibited.

On January 26, 2008, Buchanan broke into his former residence in Laurel in violation of a Family Court Order barring him from the property. After the residence was surrounded by police, Buchanan fled from the residence and was  captured after a short foot pursuit. On March 13, 2008, while out on bail for the January 26 incident, Buchanan was stopped after leaving a Family Court Protection from Abuse Order hearing. A .45 caliber handgun and a .22 caliber handgun were located concealed in the
car, along with a box of .45 caliber ammunition. He possessed these weapons in violation of a Family Court Order.
Buchanan was sentenced today in Sussex County Superior Court by Judge Richard F. Stokes to 9 years in prison followed by 1 year of Work Release, and 2 years intensive Probation.
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Delaware Department of Justice Sentencing Announcement

Wilmington, DE – The Delaware Department of Justice today announced the sentence in the following criminal case:
Jose Bezarez, age 31 of Wilmington,  was convicted in New Castle County Superior Court on October 3, 2008 of Felony Murder, Murder 1st Degree, two counts of Attempted Robbery 1st Degree, Robbery 1st Degree, Possession of a Firearm During the Commission of a Felony, Possession of a Deadly Weapon by a Person Prohibited, and Conspiracy 2nd Degree.
On February 25, 2007, Bezarez approached a group of men in the early morning hours behind the Tu Rancho Jubilee Restaurant in Wilmington. Bezarez attempted to rob the group, wielding a gun. During the robbery, Bezarez shot and killed Maximo Campusano and then fled. He was arrested by Wilmington Police on February 26, 2007.
Bezarez was sentenced today in New Castle County Superior Court by Judge Jan R. Jurden to prison for the remainder of his natural life for each of the two murder charges plus 55 years in prison, followed by probation, on the remaining charges.
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Sussex Home Builder Arrested for Racketeering

Wilmington, DE – Today the Department of Justice announced the arrest yesterday of a Delaware building contractor on a host of criminal charges in a home construction fraud scheme that allegedly took place between 2003 and 2007. Andrew Jones, also known as “Andre Jones,” was indicted on October 27, 2008 by a New Castle County Grand Jury on 42 counts, including Racketeering, Conspiracy to Commit Racketeering, Theft of $100,000 or More, New Home Construction Fraud, Home Improvement Fraud, Issuing a Bad Check, Contractor’s Unlawful Retention of Funds, and Falsifying Business Records. The indictment follows an investigation by the Department’s Fraud and Consumer Protection Division. The criminal activity took place in all three Delaware counties, but was primarily concentrated in Sussex County.

Along with Andrew Jones, the October 27 indictment also charges Jason James with Theft and New Home Construction Fraud. James was not charged with Racketeering, though he was named as a co-conspirator with Jones. Together, Jones and James operated a company named Bavari Inc. that entered into contracts with prospective homeowners to build new homes in Sussex and Kent Counties. The indictment alleges that Bavari Inc. and Jones stole more than $470,000 from homeowners and various sub-contractors who worked for them. Jones was arrested in Sussex County by a Delaware Department of Correction Probation Officer and custody was turned over to Delaware State Police at Troop 4. His bail was set at $156,000 secured. He has recently been living and doing business in Philadelphia under a company named “Jepulte.” Jones had been sought last week in Philadelphia by a joint operation of the Delaware Department of Justice and the Philadelphia Police Department Financial Crimes Unit.

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