Attorney General's News Release

June 19, 2003

Nixon seeks criminal contempt order against Illinois man found to be towing after court imposed lifetime ban

St. Louis, Mo. — Attorney General Jay Nixon has asked the St. Louis City Circuit Court to find an Illinois man in criminal contempt for violating an earlier court order permanently banning him from operating a towing business in Missouri. Nixon obtained the lifetime ban against Charles Lewis Michels and his wife, Deanna -- along with $22,500 in consumer restitution and $12,500 to the state in penalties and costs -- in November 2000 after suing them for unscrupulous towing practices.

At Nixon's request, Judge David C. Mason today ordered Charles Michels to appear in court on July 28 for a jury trial to show why he should not be found in criminal contempt of the 2000 court order.

Restitution for BuSpar patients is part of a proposed settlement between manufacturer Bristol-Myers-Squibb (BMS) and the Attorneys General of all 50 states, Puerto Rico and the District of Columbia. The settlement would resolve legal action brought by the Attorneys General that alleged BMS helped keep competing generic versions of BuSpar off the market, resulting in higher prices for consumers. BMS has denied any wrongdoing or liability from the allegations. BuSpar is the brand name for a medication often prescribed to patients suffering from Generalized Anxiety Disorder, which affects approximately 4 million Americans. In some cases, BuSpar also is used to treat Alzheimer's Disease. "If generic alternatives had been available to consumers, the cost of this drug would likely have been less than half what was paid," Nixon said. "Even with insurance, many patients pay a higher co-payment for brand names than generic drugs. In addition, if insurance companies had to pay more for the drugs, those costs would eventually be passed on to consumers." Nixon said approximately $37 million will be available nationwide for consumer claims and that consumer reimbursement would vary, depending on the length of time the drug was taken and how much, if any, of the purchase was covered by insurance. A majority of the purchasers used the drug on a trial basis, Nixon said. Eligible BuSpar purchasers have until Oct. 10, 2003, to file claims. Claim forms and complete information about the settlement may be found online or may be obtained by calling toll free 1-800-678-9587.

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