Attorney General's News Release

May 19, 2006

Home repair contractor to repay $64,000 to consumers after pleading guilty to seven counts of consumer fraud

Clayton, Mo. — The owner of a St. Louis-area home repair business will repay more than $64,000 to 11 consumers he defrauded after pleading guilty today to seven counts of consumer fraud prosecuted by Attorney General Jay Nixon. A St. Louis County grand jury had indicted Thomas Mark Hogan (DOB— 3/6/50), owner of All-Phase Construction, on the charges of unlawful merchandising practices at Nixon's request.

Under the terms of a plea agreement with the Attorney General's Office, Hogan was ordered to repay $64,133 in restitution to 11 consumers and was given a suspended execution of sentence and placed on probation for five years. He will make monthly payments totaling 25 percent of his gross monthly income.

Hogan admitted that between August 2002 and April 2004, he misrepresented to the consumers that he would perform contracted home repair work in exchange for down payments that were as much as $11,000. Hogan also admitted to lying to consumers about why the work was not done and about providing them with refunds for the down payments.

Nixon emphasized the following common-sense rules Missourians should remember before hiring a contractor:

• Get several written estimates from local firms.
• Ask for references and call them.
• Get all guarantees in writing.
• Don't pay more than one-third of the total price for a down payment.

Consumers who believe they have been victims of home repair fraud may call the Attorney General's Consumer Protection Hotline at 800-392-8222 or visit his Web site at www.ago.mo.gov.

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 the Press Secretary.

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