Attorney General wants subpoena upheld
John O'Brien May. 24, 2006, 5:26pm
CHARLESTON - State Attorney General Darrell McGraw has filed a petition to enforce a subpoena he issued to a Charleston man who allegedly sold false advertising space on restaurant placemats.
The petition was filed May 23 in Kanawha Circuit Court through Rob Bastress of the Attorney General's consumer protection division.
It states that McGraw issued a subpoena to Casey Cobbs, who ran American Marketing Concepts and C.L. Cobbs Promotions on June 22 that demanded he produce certain documents.
Not long after that subpoena was issued, Cobb was indicted on charges of obtaining by fraudulent schemes and obtaining by false pretenses.
"The Attorney General's Office then delayed the investigation when it learned Cobbs had been detained on other criminal charges by the Kanawha County Prosecutor's office," the petition says.
McGraw was alleging that Cobbs did not have a business franchise registration certificate from the state Department of Tax and Revenue and was therefore not allowed to conduct business in West Virginia. He had also heard complaints that Cobbs was selling false advertising space.
The issue was put on hold until "Recently, however, some credible evidence has been provided to the State that Cobbs is again attempting to sell bogus advertising space,' the petition says.
McGraw is charging Cobbs with violations of the West Virginia Consumer Credit and Protection Act that include conducting business without a business registration certificate and committing unfair or deceptive acts or practices.
He seeks an order decreeing that Cobbs must adhere to the subpoena's requests within 10 days of the order being issued.
Judge Tod Kaufman has been assigned the case.
Kanawha Circuit Court case number 06-MISC-203