(Wilmington, DE): Attorney General Carl C. Danberg announced today that he has joined with 22 other Attorneys General in reaching a settlement with Time, Inc. concerning their marketing and billing practices. As a result of the settlement, Time, Inc. will refund over four million dollars to 108,000 consumers in the 23 participating States. Time will refund approximately $22,000 to five hundred eligible consumers in Delaware.

Time will also pay 4.5 million dollars to the States for costs and fees incurred during the investigation. Delaware will receive $350,000 which will be used to help protect the public against consumer fraud and deceptive trade practices through investigation of such practices, enforcement actions to insure compliance with the law, and consumer education. Delaware is one of seven states that will receive a significant portion of the settlement funds due to the work and efforts expended by the Attorney General’s Consumer Protection Unit to resolve this investigation and reach an agreement. Most of the States that participated in the settlement will receive $75,000.

The States investigated Times automatic renewal offers, billing and collection procedures, and marketing materials. Consumers complained that Time did not adequately inform them that their magazine subscriptions would automatically renew unless cancelled. If consumers did not cancel, Time added the subscription renewal cost to their credit cards or aggressively billed them. Consumers also complained that they received advertisements from Time that appeared to be bills for magazines they had not ordered. As a result of the investigation, the States concluded that Times practices mislead some consumers into paying for unwanted or unordered magazine subscriptions.

Time, Inc. denied the States’ allegations but agreed to clearly and conspicuously disclose to consumers all the material terms for automatic subscription renewals. For the next five years, consumers will have the option of selecting automatic renewal. Before the end of the subscription period, Time will send customers written reminders of the automatic renewal, their right to cancel the subscription, and the procedure for cancellation.

Time will honor all requests to cancel subscriptions as soon as reasonably possible and will not submit unpaid accounts of automatic renewal customers for third party collections. If consumers are charged for magazines they did not order, Time will refund the subscription price. Time also agreed not to mail subscription solicitations to consumers that resemble bills, invoices or statements of accounts due.

Within the next three months, Time will send State-approved refund letters and claim forms directly to eligible consumers. As Time will be identifying eligible consumers from their records, there is no need for consumers to contact the Attorney General’s office to qualify for a refund. The letters will explain the settlement and contain instructions on how to apply for refunds. Consumers should look for an envelope from Time that says “REFUND OFFER ENCLOSED.” If consumers have any questions, they may call the Attorney General’s Office Consumer Protection Unit at 800-220-5424.

(Wilmington, DE): Attorney General Carl C. Danberg today announced that a second penalty phase in the case of State v. Thomas Capano would not be pursued.

Danberg said, Our primary goal was to obtain justice for Anne Marie Fahey and all of her family. That goal has been achieved now that the Delaware Supreme Court has upheld Thomas Capano’s conviction. This decision means that Thomas Capano will spend the remainder of his natural life in prison. The death penalty was never the primary goal in the prosecution of Thomas Capano. The Attorney General said that he made his decision in consultation with Colm Connolly who, as a specially sworn state Deputy Attorney General, prosecuted the Capano case with former Chief Deputy Attorney General Ferris Wharton. Danberg also consulted with senior prosecutors in his office and the Fahey family.

Every criminal case has a natural end. We have reached that point in this case. I am satisfied that justice is served by having Thomas Capano spend every day of the rest of his life in prison, said Danberg. The Fahey family remains in our prayers.

According to Danberg, in order to obtain the death penalty following a re-hearing the State would need to essentially re-try the entire case. Such a proceeding would be complicated by the death of a witness and by a change in circumstances of several of the witnesses due to the passage of time since the original conviction. Given that, we simply could not justify putting the Fahey family through that again.

Danberg thanked the Delaware Supreme Court for their careful consideration given to the State’s position in this matter and their thoughtful review of the issues created by the United States Supreme Court in Ring. We are grateful that the Delaware Supreme Court has twice affirmed Capano’s conviction, as that was clearly the most important issue before the Court, Danberg said.
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(Wilmington, DE): Attorney General Carl C. Danberg today released his legislative agenda for the 2006 legislative session. The full agenda is attached to this release. In his comments about the agenda, Danberg highlighted several of his proposed pieces of legislation.

Improving the Department of Justice Danberg focused on his bill for public lawyer student loan forgiveness, saying, It is important to ensure that the State of Delaware attract highly competent lawyers to work in public service. This bill will apply to any lawyer who works for the State of Delaware including in the Department of Justice and Office of the Public Defender.

Also in this content area is a proposed law that defines the powers of the Attorney General. Danberg noted, During the recent transition, we discovered that there is no current provision for succession of authority in the event of an unexpected vacancy in the position of Attorney General. Such a provision is necessary to give the Governor time to make a considered decision on appointment.

Improving the Justice System Danberg commented that, for several years, we have worked with our criminal justice partners on sentencing reforms to ensure we are reserving our existing prison space for the most serious criminals. A high percentage of our prison space is still occupied by probation violators which means that we have more work to do. Our bill will provide the Courts with more effective community options and limit the use of prison beds in probation violation cases.

Also offered as an improvement to the justice system is a bill to convert all but the most serious motor vehicle infractions from criminal convictions to civil violations. Every year, tens of thousands of Delawareans are prosecuted as criminal defendants because of a traffic ticket. This process occupies significant time and resources in our Courts and needlessly stigmatizes otherwise law-abiding citizens, said Danberg.

Protecting the Public In commenting on his proposed bill to classify all motor vehicle thefts as a felony, Danberg said, many of our poorest citizens depend upon inexpensive motor vehicles for transportation. The worth of those vehicles to their owners greatly exceeds their value. This legislation will recognize that the impact of motor vehicle theft on its victims does not depend on the dollar value of the vehicle.

Danberg also proposes penalties for dumping of waste on real property. Law-abiding landowners frequently bear the financial burden in cleaning up illegally dumped trash and hazardous waste. Legislation will encourage those landowners to report dumping and cooperate in its clean-up by shifting the cost to those responsible.

Finally, Danberg highlighted his proposed new crime dealing with drugged drivers by saying, several of my legislative proposals are intended for the protection of our innocent children. I’m proud to announce the Kelly Lynn Clinton Act targeting criminals who operate motor vehicles while under the influence of illegal drugs. This legislation is being proposed to honor the memory of Kelly Lynn Clinton, an 18 year old young woman killed in Newark last year by a driver who had used cocaine.

Danberg noted that his legislative agenda is ambitious and said, I look forward to working with the Governor, Legislature, and community leaders in the coming months to implement this agenda.

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(Wilmington, DE): Attorney General Carl C. Danberg announced today that four nurses who formerly worked at a Delaware nursing home have been arrested on charges of fraud and neglect. Felony warrants are pending for a fifth nurse.

Mary J. Casper, of Newark, DE, Sandra L. Edwards, of Lewes, DE, and Denise M. Rhinehart, formerly of Felton, DE, were each charged with two counts of Felony Health Care Fraud, one count of Felony Conspiracy to Commit Health Care Fraud, one count of Felony Patient Neglect, and one count of misdemeanor Patient Neglect. Ms. Rhinehart, who lives out of state, has not yet been arrested.

Jann B. Cox, of Milton, DE, and Mary L. Yarrington, of Magnolia, DE, were each arrested on one count of Felony Health Care Fraud and one count of Felony Conspiracy to Commit Health Care Fraud.

Attorney General Danberg said “We remain committed to the protection of our most vulnerable citizens by investigating potential abuse and vigorously prosecuting those who would take advantage of our senior citizens.”

The arrests came after a nearly two year investigation involving both federal and state authorities. The investigation was led by Special Investigators Allen Ruth and Dan Daly of the DE Medicaid Fraud Control Unit (MFCU). Anyone with further information related to the case should contact Chief Investigator John Miller at (302) 577-8938.

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