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Gov. John Hickenlooper staked out Wednesday an aggressive stance in favor of state control of oil and gas exploration.
According to a report by Denver television station KCNC, Hickenlooper told reporter Shaun Boyd that his administration would launch court fights against any municipalities that ban hydraulic fracturing within their city limits.
The state has already started down that path. In December attorney general John Suthers' office sued the city of Longmont, arguing that only the Colorado Oil and Gas Conservation Commission can regulate where fracking occurs in the state.
The litigation with the Boulder county municipality followed a decision by the community's residents to approve an anti-fracking referendum in the November election.
It was the second lawsuit launched by the state against Longmont. Suthers sued on behalf of COGCC after the city adopted rules last summer that limited the areas in which exploration could occur.
Fort Collins might be the next target. Its city council initially approved on Feb. 19 an ordinance that would ban all oil and gas exploration within the city limits.
Showing posts with label John Suthers. Show all posts
Showing posts with label John Suthers. Show all posts
Wednesday, February 27, 2013
Thursday, November 4, 2010
Suthers re-elected; Republicans oust Treasurer Kennedy, Secretary of State Buescher
Republicans ousted the state treasurer and secretary of state in Tuesday's election as attorney general John Suthers was re-elected, giving the GOP three of five statewide elected offices.
Democrats John Hickenlooper and Joe Garcia were elected governor and lieutenant governor.
Walker Stapleton, a real estate developer and investor, defeated incumbent Democratic treasurer Cary Kennedy in a close race, while GOP election lawyer Scott Gessler beat incumbent secretary of state Bernie Buescher.
Kennedy's work as treasurer has included achieving a positive return on the investment of the state's financial reserves during the recent recession, as well as implementing bipartisan legislation to finance improvements and repairs of public schools. She also posted online, for the first time, the state's investments and a statement of cash flows and helped put in place a searchable database of the state's revenues and expenditures.
Stapleton, a relative of former President George W. Bush, argued during his campaign that Colorado should not use federal stimulus dollars to balance its budget and said he would push the General Assembly to restore a spending cap.
Gessler, a former federal prosecutor and a U.S. Army reserve veteran, has been the Colorado Republican Party's go-to lawyer on election issues for several years. He has advocated for legislation that would require all voters to show a government-issued identification card at the polls and was involved in GOP efforts to secure a favorable re-districting of legislative and Congressional seats in 2001 and 2002.
Buescher, a former state representative from Grand Junction, was appointed secretary of state after Republican Mike Coffman was elected to Congress in Nov. 2008.
Suthers, a former U.S. attorney for the district of Colorado, beat Boulder county district attorney Stan Garnett despite reports that a man whom he had released from jail under a plea bargain had gone on to commit several murders.
Photo of treasurer-elect Walker Stapleton courtesy of Stapleton for Colorado.
Thursday, October 14, 2010
AG Suthers joins all other states in probe of foreclosure procedures
Colorado will join the rest of the states in the union in an effort to investigate the procedures used by lenders to foreclose homes.
The main objective of the probe is to determine whether lenders, loan servicing agencies, or those who represent them have submitted legal pleadings in foreclosure cases that wrongly attest to the accuracy of claims that the party seeking foreclosure owns the note.
"Homeowners have a right to know that when their banks or lenders foreclose on their homes that all of the information used in the process is correct,” Suthers said. “I signed onto this multi-state effort for the fundamental reason that we need to ensure the integrity of Colorado’s foreclosure process."
Concern about the possibility that lenders have misled state courts on the question whether the statements in affidavits are accurate led to an attempt in Congress to validate their actions.
Legislation that would give lenders cover for errors contained in affidavits, and which would have the effect of accelerating foreclosure cases, was pocket-vetoed by President Obama earlier this month.
The main objective of the probe is to determine whether lenders, loan servicing agencies, or those who represent them have submitted legal pleadings in foreclosure cases that wrongly attest to the accuracy of claims that the party seeking foreclosure owns the note.
"Homeowners have a right to know that when their banks or lenders foreclose on their homes that all of the information used in the process is correct,” Suthers said. “I signed onto this multi-state effort for the fundamental reason that we need to ensure the integrity of Colorado’s foreclosure process."
Concern about the possibility that lenders have misled state courts on the question whether the statements in affidavits are accurate led to an attempt in Congress to validate their actions.
Legislation that would give lenders cover for errors contained in affidavits, and which would have the effect of accelerating foreclosure cases, was pocket-vetoed by President Obama earlier this month.
Thursday, January 14, 2010
Deputy Attorney General Wins Prestigious Recognition
A state deputy attorney general has received an award for her contributions to the community.
Colorado attorney general John Suthers congratulated Monica Marquez for receiving the 2009 Richard Marden Davis Award, a prestigious distinction given to an attorney under the age of 40 who has excelled in the legal profession as achieved civic, cultural, educational and charitable distinction.
“Monica is one of the brightest and most civically engaged attorneys working in state government today,” Suthers said. “This award highlights what Monica’s clients and colleagues have known for some time — that she is one of Colorado’s finest public servants.”
Marquez oversees the Department of Law’s State Services Section, which represents the governor’s office, the Department of Health Care Policy and Financing, and the state's colleges and universities in addition to other agencies.
She has served a member of the Judicial Nominating Commission for Colorado’s Second Judicial District, as president of the Colorado Gay Lesbian Bisexual and Transgender Bar Association, as chairwoman of the Denver Mayor’s GLBT Commission, as a board member of the Colorado Hispanic Bar Association and as a board member of the Latina Initiative. Marquez received the Colorado GLBT Bar Association’s 2009 Outstanding Attorney Award.
Colorado attorney general John Suthers congratulated Monica Marquez for receiving the 2009 Richard Marden Davis Award, a prestigious distinction given to an attorney under the age of 40 who has excelled in the legal profession as achieved civic, cultural, educational and charitable distinction.
“Monica is one of the brightest and most civically engaged attorneys working in state government today,” Suthers said. “This award highlights what Monica’s clients and colleagues have known for some time — that she is one of Colorado’s finest public servants.”
Marquez oversees the Department of Law’s State Services Section, which represents the governor’s office, the Department of Health Care Policy and Financing, and the state's colleges and universities in addition to other agencies.
She has served a member of the Judicial Nominating Commission for Colorado’s Second Judicial District, as president of the Colorado Gay Lesbian Bisexual and Transgender Bar Association, as chairwoman of the Denver Mayor’s GLBT Commission, as a board member of the Colorado Hispanic Bar Association and as a board member of the Latina Initiative. Marquez received the Colorado GLBT Bar Association’s 2009 Outstanding Attorney Award.
AG Suthers, Secretary of State Buescher Warn of Haiti Donation Scams
Colorado Attorney General John Suthers and Colorado Secretary of State Bernie Buescher are warning Coloradans to watch out for unregistered charities or other entities attempting to use the devastating earthquake in Haiti to cheat consumers.
“Coloradans have demonstrated a tremendous capacity for generosity during past disasters, but even the best intentioned donors should take precautions to ensure they are not victims of fraud,” Suthers said. “Scam artists often use disasters to take advantage of the generosity of those who simply want to help.”
“Undoubtedly, our hearts go out to the victims of this disaster,” Buescher said. “Coloradans can maximize their contributions and aid to this tragedy by only giving to established, legitimate charities or by checking the charity first on our Web site.”
Suthers and Buescher said Coloradans can take several simple steps to make sure that their charitable contributions are helping disaster victims and not lining the pockets of scam artists:
* Visit www.checkthecharity.com or the Colorado Secretary of State’s website to make sure a charity soliciting contributions is registered with the state.
* Seniors can contact AARP ElderWatch via the Colorado Consumer Line, 1-800-222-4444, for more information on charity fraud.
* Ask for the solicitor’s registration number and the registration number of the charity he or she is representing.
* If the charity is required to file the federal form 990 or 990-EZ with the U.S. Internal Revenue Service, ask to see it.
* Ask your tax advisor or the IRS if your donation will be tax deductible. The fact that a charity has a tax identification number does not necessarily mean your contribution is tax-deductible.
* Ask the solicitor how much or what percentage of the donation will go to the charity.
* Be wary if the charity does not want to provide information about its programs and finances. Reputable charities will gladly provide the information requested.
* Watch out for charities with names that sound similar to well-known organizations. Sometimes these sound-alike names are simply intended to confuse donors.
* Do not pay in cash. Donate with a check made payable to the charity.
* If solicited in person, ask to see identification for both the solicitor and the charity.
* Certain well-known charities such as the Red Cross will never solicit donations over the phone.
* Beware of unsolicited e-mail. There have already been reports of e-mail that purport to be solicitations from the Red Cross. The e-mails have links embedded in them that will take you to a fake Red Cross Web site. Further, such unsolicited e-mail may spread computer viruses. Do not respond to any e-mail soliciting donations from any organization. Instead, go directly to the organization’s Web site or call to make donations.
* If you believe you have been solicited by a fraudulent charity, please file a complaint with the Secretary of State or the Attorney General via www.checkthecharity.com.
* If you feel uncomfortable simply, say no.
“Coloradans have demonstrated a tremendous capacity for generosity during past disasters, but even the best intentioned donors should take precautions to ensure they are not victims of fraud,” Suthers said. “Scam artists often use disasters to take advantage of the generosity of those who simply want to help.”
“Undoubtedly, our hearts go out to the victims of this disaster,” Buescher said. “Coloradans can maximize their contributions and aid to this tragedy by only giving to established, legitimate charities or by checking the charity first on our Web site.”
Suthers and Buescher said Coloradans can take several simple steps to make sure that their charitable contributions are helping disaster victims and not lining the pockets of scam artists:
* Visit www.checkthecharity.com or the Colorado Secretary of State’s website to make sure a charity soliciting contributions is registered with the state.
* Seniors can contact AARP ElderWatch via the Colorado Consumer Line, 1-800-222-4444, for more information on charity fraud.
* Ask for the solicitor’s registration number and the registration number of the charity he or she is representing.
* If the charity is required to file the federal form 990 or 990-EZ with the U.S. Internal Revenue Service, ask to see it.
* Ask your tax advisor or the IRS if your donation will be tax deductible. The fact that a charity has a tax identification number does not necessarily mean your contribution is tax-deductible.
* Ask the solicitor how much or what percentage of the donation will go to the charity.
* Be wary if the charity does not want to provide information about its programs and finances. Reputable charities will gladly provide the information requested.
* Watch out for charities with names that sound similar to well-known organizations. Sometimes these sound-alike names are simply intended to confuse donors.
* Do not pay in cash. Donate with a check made payable to the charity.
* If solicited in person, ask to see identification for both the solicitor and the charity.
* Certain well-known charities such as the Red Cross will never solicit donations over the phone.
* Beware of unsolicited e-mail. There have already been reports of e-mail that purport to be solicitations from the Red Cross. The e-mails have links embedded in them that will take you to a fake Red Cross Web site. Further, such unsolicited e-mail may spread computer viruses. Do not respond to any e-mail soliciting donations from any organization. Instead, go directly to the organization’s Web site or call to make donations.
* If you believe you have been solicited by a fraudulent charity, please file a complaint with the Secretary of State or the Attorney General via www.checkthecharity.com.
* If you feel uncomfortable simply, say no.
Tuesday, August 25, 2009
Suthers Obtains Guilty Pleas in Medicaid Fraud Cases
Attorney general John Suthers announced today that his office has obtained guilty pleas in two Medicaid fraud cases.
Cortney Ileane Miller, 55, pleaded guilty Aug. 14 to forgery. She was sentenced to five years of probation, with conditions to include 100 hours of useful public service and restitution of more than $23,000.
The state alleged that Miller, who worked in an Adams County wheelchair supply company owned in part by her husband, acquired an invoice from a supplier for an expensive power wheelchair and then modified the invoice and included it in support of several bills that she submitted to the Colorado Medicaid program for other clients. Most of the bills were for much less expensive equipment, but Miller claimed the high price supported by the false invoice, plus profit.
In an unrelated case, Michelle Riley, 41, a former co-worker of Miller, pleaded guilty July 24 to theft, a class-four felony, and forgery, a class-five felony. Her convictions arise from charges that she submitted several false Medicaid bills to the state. Riley received five years probation and was ordered to reimburse teh state more than $63,000.
The state alleged that Riley, who is the owner of a Denver-based wheelchair supply company, submitted bills to Medicaid for three wheelchairs which were never supplied to the recipients, and over-billed three other wheelchairs and one power scooter. Riley also allegedly falsified wheelchair repair records to collect for repairs that did not happen.
Riley and Miller had worked together in the past, but their crimes appeared unrelated.
Cortney Ileane Miller, 55, pleaded guilty Aug. 14 to forgery. She was sentenced to five years of probation, with conditions to include 100 hours of useful public service and restitution of more than $23,000.
The state alleged that Miller, who worked in an Adams County wheelchair supply company owned in part by her husband, acquired an invoice from a supplier for an expensive power wheelchair and then modified the invoice and included it in support of several bills that she submitted to the Colorado Medicaid program for other clients. Most of the bills were for much less expensive equipment, but Miller claimed the high price supported by the false invoice, plus profit.
In an unrelated case, Michelle Riley, 41, a former co-worker of Miller, pleaded guilty July 24 to theft, a class-four felony, and forgery, a class-five felony. Her convictions arise from charges that she submitted several false Medicaid bills to the state. Riley received five years probation and was ordered to reimburse teh state more than $63,000.
The state alleged that Riley, who is the owner of a Denver-based wheelchair supply company, submitted bills to Medicaid for three wheelchairs which were never supplied to the recipients, and over-billed three other wheelchairs and one power scooter. Riley also allegedly falsified wheelchair repair records to collect for repairs that did not happen.
Riley and Miller had worked together in the past, but their crimes appeared unrelated.
Monday, February 9, 2009
Suthers Announces Settlement With Countrywide
Attorney general John Suthers announced today that he has secured a commitment by the nation's largest mortgage lender to provide $6 million to help distressed homeowners avoid foreclosure.
The agreement, which settles a lawsuit alleging that Countrywide engaged in deceptive trade practices when it convinced borrowers to agree to loans that included low introductory rates that quickly rose and dramatically increased payments, was approved by a Denver District Court judge Feb. 3.
"Under the settlement agreement, Countrywide will also help borrowers who are in default or facing foreclosure to save their homes through fast-track loan modification of sub-prime or option-ARM loans, resulting in reduced mortgage payments," Suthers said. "The program offers a series of loan modifications, including lowering the interest rate as low as 3.5 percent for five years to make house payments more affordable. Alternatively, Countrywide can make loans interest-only for up to ten years."
The announcement this morning also said that about 6,800 Colorado homeowners are expected to benefit from it.
Suthers said the deal includes provisions that would require Countrywide to waive some late fees and pre-payment penalties worth at least $2.1 million.
"Borrowers that do not qualify for loan modification under the settlement, or who previously went into default and lost their homes to foreclosure after only a few payments, may be eligible to receive compensation under the settlement," Suthers said.
The money paid by Countrywide also includes $500,000 for the state's Division of Housing. It will be used to expand efforts by the Foreclosure Hotline to reach out to homeowners at risk of losing their homes.
Suthers said Countrywide has already begun contacting borrowers to determine if they are eligible for a loan modification under the settlement.
"The settlement agreement requires Countrywide to complete the modification for a borrower within 60 days after the borrower provides income information," Suthers said. "During this time, any foreclosure proceedings are suspended. In addition, Countrywide will write off late fees and waive prepayment penalties on modified loans."
The terms of the settlement required Countrywide to establish a special fund of an additional $1.2 million to help homeowners affected by the practices alleged in the complaint to relocate. There is also a separate fund of approximately $4.4 million that is to be used to pay about 1,180 Colorado homeowners who could make six or fewer payments before they could no longer afford their loans.
The agreement, which settles a lawsuit alleging that Countrywide engaged in deceptive trade practices when it convinced borrowers to agree to loans that included low introductory rates that quickly rose and dramatically increased payments, was approved by a Denver District Court judge Feb. 3.
"Under the settlement agreement, Countrywide will also help borrowers who are in default or facing foreclosure to save their homes through fast-track loan modification of sub-prime or option-ARM loans, resulting in reduced mortgage payments," Suthers said. "The program offers a series of loan modifications, including lowering the interest rate as low as 3.5 percent for five years to make house payments more affordable. Alternatively, Countrywide can make loans interest-only for up to ten years."
The announcement this morning also said that about 6,800 Colorado homeowners are expected to benefit from it.
Suthers said the deal includes provisions that would require Countrywide to waive some late fees and pre-payment penalties worth at least $2.1 million.
"Borrowers that do not qualify for loan modification under the settlement, or who previously went into default and lost their homes to foreclosure after only a few payments, may be eligible to receive compensation under the settlement," Suthers said.
The money paid by Countrywide also includes $500,000 for the state's Division of Housing. It will be used to expand efforts by the Foreclosure Hotline to reach out to homeowners at risk of losing their homes.
Suthers said Countrywide has already begun contacting borrowers to determine if they are eligible for a loan modification under the settlement.
"The settlement agreement requires Countrywide to complete the modification for a borrower within 60 days after the borrower provides income information," Suthers said. "During this time, any foreclosure proceedings are suspended. In addition, Countrywide will write off late fees and waive prepayment penalties on modified loans."
The terms of the settlement required Countrywide to establish a special fund of an additional $1.2 million to help homeowners affected by the practices alleged in the complaint to relocate. There is also a separate fund of approximately $4.4 million that is to be used to pay about 1,180 Colorado homeowners who could make six or fewer payments before they could no longer afford their loans.
Thursday, January 15, 2009
AG Suthers Announces Legislative Goals for 2009
Republican attorney general John Suthers today announced that his office will seek legislative approval of four bills that target “foreclosure rescue” firms, lift age-old civil penalty limits and increase the penalties for appraisal fraud and water pollution.
The first of the bills on Suthers' wish list, HB 1109, would expand the protections of the Colorado Foreclosure Protection Act (CFPA) to distressed homeowners who are not yet in foreclosure. The CFPA prevents foreclosure consultants from charging an upfront fee, created standards for written contracts, and prevents consultants from acquiring any interest in a property on which they have been hired to consult.
The bill, which is sponsored by Sen. Jennifer Veiga, D-Denver, and freshman Rep. Kevin Priola, R-Henderson, is headed to the House Business Affairs & Labor Committee.
Nate Strauch, a spokesperson for Suthers, said the attorney general's office has noticed that some companies involved in "foreclosure rescue" operations try to get around CFPA by approaching distressed homeowners before foreclosure proceedings are formally intitiated. Strauch said that HB 1109 is intended to close that loophole by extending CFPA's protection to any homeowner who is behind on mortgage payments or has defaulted on a mortgage contract obligation.
The second measure sought by the attorney general's office, SB 054, would eliminate the maximum civil penalty that can be imposed for violations of the Colorado Consumer Protection Act and raise the maximum penalty for antitrust violations from $100,000 to $250,000.
According to a press release issued by the attorney general's office, the problem of fraudulent advertising is growing larger in Colorado as unscrupulous firms use e-mail, text messages and the Internet to promote their products and services. Under current law those businesses face a ceiling of a $100,000 civil fine "for any related series of violations," regardless of how many consumers are impacted by the firm's illegal behavior. The bill would allow a court to impose a fine of up to $2,000 per individual violation of the law, with no cap on the total civil penalty.
The bill, which would cause Colorado to join a national trend toward more judicial discretion in the imposition of civil penalties under consumer protection laws, is sponsored by freshman Sen. Mark Scheffel, R-Parker, and Rep. Andy Kerr D-Lakewood.
The attorney general will also ask for passage of legislation that would increase the severity of criminal punishments for fraudulent real estate appraisals. The bill, to be carried by Sen. Mary Hodge, D-Brighton, and Rep. Glenn Vaad, R-Mead, would raise the minimum penalty to six months imprisonment, a $500 fine, or both for a first violation of the statute.
The bill would also classify a second violation as a class 5 felony and raise the maximum penalties imposed such second offenders to a maximum $100,000 fine and three years in prison.
The final item on the attorney general's wish list is a bill that would open the door to felony criminal liability for pollution of state waters. The legislation, which will be sponsored by Sen. Ted Harvey, R-Highlands Ranch, and Rep. Beth McCann, D-Denver, would raise the penalties for violations of the state's water pollution control laws to the same level as violations of state laws forbidding unauthorized pollution of land within the state.
Current law allows polluters of waters within Colorado to be assessed fines.
If enacted, the bill would allow prosecutors to seek a felony conviction and, if obtained, a court could sentence violators of the state's water pollution control law to a prison term of up to six years if the violation is intentional and up to three years if the violation is negligent.
The first of the bills on Suthers' wish list, HB 1109, would expand the protections of the Colorado Foreclosure Protection Act (CFPA) to distressed homeowners who are not yet in foreclosure. The CFPA prevents foreclosure consultants from charging an upfront fee, created standards for written contracts, and prevents consultants from acquiring any interest in a property on which they have been hired to consult.
The bill, which is sponsored by Sen. Jennifer Veiga, D-Denver, and freshman Rep. Kevin Priola, R-Henderson, is headed to the House Business Affairs & Labor Committee.
Nate Strauch, a spokesperson for Suthers, said the attorney general's office has noticed that some companies involved in "foreclosure rescue" operations try to get around CFPA by approaching distressed homeowners before foreclosure proceedings are formally intitiated. Strauch said that HB 1109 is intended to close that loophole by extending CFPA's protection to any homeowner who is behind on mortgage payments or has defaulted on a mortgage contract obligation.
The second measure sought by the attorney general's office, SB 054, would eliminate the maximum civil penalty that can be imposed for violations of the Colorado Consumer Protection Act and raise the maximum penalty for antitrust violations from $100,000 to $250,000.
According to a press release issued by the attorney general's office, the problem of fraudulent advertising is growing larger in Colorado as unscrupulous firms use e-mail, text messages and the Internet to promote their products and services. Under current law those businesses face a ceiling of a $100,000 civil fine "for any related series of violations," regardless of how many consumers are impacted by the firm's illegal behavior. The bill would allow a court to impose a fine of up to $2,000 per individual violation of the law, with no cap on the total civil penalty.
The bill, which would cause Colorado to join a national trend toward more judicial discretion in the imposition of civil penalties under consumer protection laws, is sponsored by freshman Sen. Mark Scheffel, R-Parker, and Rep. Andy Kerr D-Lakewood.
The attorney general will also ask for passage of legislation that would increase the severity of criminal punishments for fraudulent real estate appraisals. The bill, to be carried by Sen. Mary Hodge, D-Brighton, and Rep. Glenn Vaad, R-Mead, would raise the minimum penalty to six months imprisonment, a $500 fine, or both for a first violation of the statute.
The bill would also classify a second violation as a class 5 felony and raise the maximum penalties imposed such second offenders to a maximum $100,000 fine and three years in prison.
The final item on the attorney general's wish list is a bill that would open the door to felony criminal liability for pollution of state waters. The legislation, which will be sponsored by Sen. Ted Harvey, R-Highlands Ranch, and Rep. Beth McCann, D-Denver, would raise the penalties for violations of the state's water pollution control laws to the same level as violations of state laws forbidding unauthorized pollution of land within the state.
Current law allows polluters of waters within Colorado to be assessed fines.
If enacted, the bill would allow prosecutors to seek a felony conviction and, if obtained, a court could sentence violators of the state's water pollution control law to a prison term of up to six years if the violation is intentional and up to three years if the violation is negligent.
Thursday, October 23, 2008
Suthers Says Colorado Joins "Operation Clean Sweep"
Colorado attorney general John Suthers today announced that his office would participate in a joint effort with the Federal Trade Commission and 22 other states to root out unlawful credit repair practices in 33 businesses nationwide.
As part of the operation, called "Operation Clean Sweep," the state has entered into settlement agreements with two Colorado credit service organizations.
“Especially in today’s credit market, gaining and maintaining good credit is an increasingly important part of financial stability,” Suthers said. “Unfortunately, several disreputable businesses prey on consumers whose credit is less-than ideal, and we will continue to hold them accountable for their deception.”
Suthers has settled cases involving Aurora’s Integrity Credit Fix, Inc., and My Purchase Power, LLC, located in Northglenn. Each company charged fees prior to the completion of their services and failed to provide all required disclosures. Both companies have agreed to stop violating the Colorado Credit Services Organization Act (CSOA).
A dozen other investigations are ongoing.
Credit repair companies typically claim they can erase or repair bad credit. These claims are particularly popular during times of economic hardship when consumers are most vulnerable. Despite these representations, no entity can legally remove accurate and timely negative information from a credit report. The federal Fair Credit Reporting Act and Colorado Consumer Credit Reporting Act allow credit bureaus to report accurate negative information for seven years, and bankruptcies for ten years.
As part of the operation, called "Operation Clean Sweep," the state has entered into settlement agreements with two Colorado credit service organizations.
“Especially in today’s credit market, gaining and maintaining good credit is an increasingly important part of financial stability,” Suthers said. “Unfortunately, several disreputable businesses prey on consumers whose credit is less-than ideal, and we will continue to hold them accountable for their deception.”
Suthers has settled cases involving Aurora’s Integrity Credit Fix, Inc., and My Purchase Power, LLC, located in Northglenn. Each company charged fees prior to the completion of their services and failed to provide all required disclosures. Both companies have agreed to stop violating the Colorado Credit Services Organization Act (CSOA).
A dozen other investigations are ongoing.
Credit repair companies typically claim they can erase or repair bad credit. These claims are particularly popular during times of economic hardship when consumers are most vulnerable. Despite these representations, no entity can legally remove accurate and timely negative information from a credit report. The federal Fair Credit Reporting Act and Colorado Consumer Credit Reporting Act allow credit bureaus to report accurate negative information for seven years, and bankruptcies for ten years.
Tuesday, September 2, 2008
AG Sues U.S. Department of Defense on Behalf of DPHE
The Colorado Department of Public Health and Environment today filed suit in U.S. District Court requesting the court require the U.S. Department of Defense, its Assembled Chemical Weapons Assessment Program and the Department of the Army to treat and destroy chemical weapons stored at the Pueblo Chemical Depot by Dec. 31, 2017.
The lawsuit comes after the respondents notified the state of their intention to appeal an Administrative Order issued by the state on June 17, 2008.
The lawsuit requests the court grant the same remedies as were indicated in the order. The state’s order called for the destruction of the chemical weapons stockpile by Dec. 31, 2017, four years earlier than the Department of Defense’s current proposed date of Dec. 31, 2021. The order also required that secondary waste currently stored under a separate permit be treated and destroyed by the same date of Dec. 31, 2017.
“Given recurring delays by the Department of Defense for completing treatment and destruction of these wastes, the division is seeking an enforceable schedule for their timely treatment," Gary Baughman, director of the Hazardous Materials and Waste Management Division at the state Department of Public Health and Environment,
said. "We believe the 2017 deadline is more than reasonable to complete treatment and
destruction of the chemical weapons.”
The order and the lawsuit both require the military to file a chemical waste treatment plan within 60 days of the effective date of the final decision.
This plan will describe the methods to be used to treat and destroy all hazardous waste weapons and other agent wastes at the Pueblo Chemical Depot.
A chemical waste treatment plan also requires a complete project schedule depicting the tasks required for the destruction of the wastes by Dec. 31, 2017. Some of these tasks then could be designated by DPHE as enforceable milestones in the waste treatment plan.
The chemical weapons contain mustard agent, an acutely toxic hazardous waste causing severe skin and lung inflammation, which is known to cause cancer and birth defects.
Long-term storage of hazardous waste is prohibited under state hazardous waste regulations, except when additional quantities of the waste are required to facilitate proper treatment or when an alternate schedule for its treatment is in place under a compliance order.
According to the compliance order, the mustard agent-filled weapons are not being stored for the purpose of accumulating adequate quantities for appropriate treatment, as the Pueblo Chemical Depot currently stores hundreds of thousands of waste chemical weapons at the site.
In 2002, the Department of Defense decided to destroy weapons at the Pueblo Depot by chemically neutralizing the mustard agent and then biologically treating the resulting waste. A contractor was selected to design and build the facility, the first phase of Pueblo Chemical Agent-Destruction Pilot Plant permitting was completed, and construction of the plant was scheduled to begin. Under the initial design and operating plans for the facility, destruction of the chemical weapons
would have been completed by April 29, 2012.
However, in the fall of 2004 the Department of Defense terminated the design and construction plans for the facility and ordered that the facility be redesigned to meet a lower cost estimate. The contractor subsequently redesigned the facility to the lower cost estimate in 2005 and provided the Department of Defense with an implementation schedule to complete weapons destruction in nine years.
Despite previous security and safety concerns related to long-term storage of the weapons in Pueblo, the Department of Defense lengthened the time for completing weapons destruction in order to cut costs. Current Department of Defense-generated treatment schedules for destruction of the mustard weapons at the Pueblo Chemical Depot extend out as far as 2021.
State health department representatives have been working with the Army and Defense Department to bring storage of the chemical weapons in the stockpile into compliance with the regulations. The parties also have been working with the Assembled Chemical Weapons Alternatives Program to design, construct and permit the Pueblo Chemical Agent-Destruction Pilot Plant, where the chemical weapons will be treated.
The lawsuit comes after the respondents notified the state of their intention to appeal an Administrative Order issued by the state on June 17, 2008.
The lawsuit requests the court grant the same remedies as were indicated in the order. The state’s order called for the destruction of the chemical weapons stockpile by Dec. 31, 2017, four years earlier than the Department of Defense’s current proposed date of Dec. 31, 2021. The order also required that secondary waste currently stored under a separate permit be treated and destroyed by the same date of Dec. 31, 2017.
“Given recurring delays by the Department of Defense for completing treatment and destruction of these wastes, the division is seeking an enforceable schedule for their timely treatment," Gary Baughman, director of the Hazardous Materials and Waste Management Division at the state Department of Public Health and Environment,
said. "We believe the 2017 deadline is more than reasonable to complete treatment and
destruction of the chemical weapons.”
The order and the lawsuit both require the military to file a chemical waste treatment plan within 60 days of the effective date of the final decision.
This plan will describe the methods to be used to treat and destroy all hazardous waste weapons and other agent wastes at the Pueblo Chemical Depot.
A chemical waste treatment plan also requires a complete project schedule depicting the tasks required for the destruction of the wastes by Dec. 31, 2017. Some of these tasks then could be designated by DPHE as enforceable milestones in the waste treatment plan.
The chemical weapons contain mustard agent, an acutely toxic hazardous waste causing severe skin and lung inflammation, which is known to cause cancer and birth defects.
Long-term storage of hazardous waste is prohibited under state hazardous waste regulations, except when additional quantities of the waste are required to facilitate proper treatment or when an alternate schedule for its treatment is in place under a compliance order.
According to the compliance order, the mustard agent-filled weapons are not being stored for the purpose of accumulating adequate quantities for appropriate treatment, as the Pueblo Chemical Depot currently stores hundreds of thousands of waste chemical weapons at the site.
In 2002, the Department of Defense decided to destroy weapons at the Pueblo Depot by chemically neutralizing the mustard agent and then biologically treating the resulting waste. A contractor was selected to design and build the facility, the first phase of Pueblo Chemical Agent-Destruction Pilot Plant permitting was completed, and construction of the plant was scheduled to begin. Under the initial design and operating plans for the facility, destruction of the chemical weapons
would have been completed by April 29, 2012.
However, in the fall of 2004 the Department of Defense terminated the design and construction plans for the facility and ordered that the facility be redesigned to meet a lower cost estimate. The contractor subsequently redesigned the facility to the lower cost estimate in 2005 and provided the Department of Defense with an implementation schedule to complete weapons destruction in nine years.
Despite previous security and safety concerns related to long-term storage of the weapons in Pueblo, the Department of Defense lengthened the time for completing weapons destruction in order to cut costs. Current Department of Defense-generated treatment schedules for destruction of the mustard weapons at the Pueblo Chemical Depot extend out as far as 2021.
State health department representatives have been working with the Army and Defense Department to bring storage of the chemical weapons in the stockpile into compliance with the regulations. The parties also have been working with the Assembled Chemical Weapons Alternatives Program to design, construct and permit the Pueblo Chemical Agent-Destruction Pilot Plant, where the chemical weapons will be treated.
Thursday, April 3, 2008
State Employee Strike Ban Gets Guv's OK
A bill that would make clear that state employees are not allowed to strike won Gov. Bill Ritter's approval Thursday.
HB 1189 provides that a state employee or a labor organization commits a misdemeanor by inciting, encouraging, aiding or participating in a "strike, stoppage of work, slowdown or interruption of operations."
Ritter issued an executive order allowing state employees to form collective bargaining organizations for limited purposes last year.
His order purported to prohibit strikes by state employees.
However, Republicans, spurred on by an opinion by Attorney General John Suthers, had argued that Ritter's executive order opened the door to public employee strikes because Colorado had no law prohibiting them.
The measure was sponsored by Rep. Jim Riesberg, D-Greeley, and Sen. Dan Gibbs, D-Silverthorne.
HB 1189 goes into effect immediately because the bill has an "emergency clause."
HB 1189 provides that a state employee or a labor organization commits a misdemeanor by inciting, encouraging, aiding or participating in a "strike, stoppage of work, slowdown or interruption of operations."
Ritter issued an executive order allowing state employees to form collective bargaining organizations for limited purposes last year.
His order purported to prohibit strikes by state employees.
However, Republicans, spurred on by an opinion by Attorney General John Suthers, had argued that Ritter's executive order opened the door to public employee strikes because Colorado had no law prohibiting them.
The measure was sponsored by Rep. Jim Riesberg, D-Greeley, and Sen. Dan Gibbs, D-Silverthorne.
HB 1189 goes into effect immediately because the bill has an "emergency clause."
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