Attorney General's News Release

Jan. 25, 1999

Nixon obtains order freezing assets of Fenton furniture store that failed to deliver paid-for merchandise

Jefferson City, MO —Attorney General Jay Nixon today obtained a temporary restraining order in St. Louis County Circuit Court against the owner of a closed furniture store in Fenton that prevents him from selling or disposing of any store assets or advertising and selling furniture in Missouri.

The Boehlow and Company Interiors store, located at 211 Old Highway 141 South in Fenton, closed abruptly last Nov. 7, leaving many customers without access to merchandise for which they had fully or partially paid.

Nixon alleges that store owner Roger W. Boehlow took at least $60,000 in total payment from more than 50 customers for furniture that has not been delivered. The lawsuit charges that Boehlow continued to advertise and accept payment for orders of brand-name furniture, even though the manufacturers refused to accept the orders because of his outstanding accounts.

On Dec. 31, the St. Louis County Prosecuting Attorney filed six felony charges of stealing by deceit against Boehlow. As of last Friday, two large banner signs stating "Warehouse Sale" had been posted on the store premises.

"It was important that we take civil action to stop any potential movement of assets, unless it was being delivered to the people who had paid for them," Nixon said.

Nixon also is asking the court to issue preliminary and permanent injunctions ordering Boehlow to:

• Provide a full accounting of the amounts owed to each customer.
• Make restitution to those customers.
• Pay appropriate civil penalties, attorney fees and court costs, and investigative costs.

A hearing on the injunction request is set for Feb. 5.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818