State sues two people, two firms for fraud

By Kyla Asbury | Dec 2, 2009

MARTINSBURG -- The State of West Virginia is seeking to shut down a Web site to prevent its fraudulent continual operation and the acceptance of donations from third-person parties based on this fraud.

The State wants a temporary restraining order, preliminary injunction and permanent injunction against Andrew Talbott, who is doing business as K & A Donations Center; Rose Gray; and David L. Brown, who is doing business as Group, Inc.

The Web site in question is and is owned by Talbott and Gray, according to a complaint filed Oct. 20 in Berkeley Circuit Court. Brown provided internet hosting for the Web site.

Berkeley County Prosecutor Pamela Jean Games Neely claims that the address listed on the Web site to send donations to is actually Talbott and Gray's residence.

The Web site was developed sometime prior to September 2009 and Cpl. J. Walker of the West Virginia State Police was assigned to investigate fraudulent checks passed by both Gray and Talbott.

Walker found four checks during his investigation, according to the suit. One of the checks was blank and the other three were uttered. All checks were written on accounts claiming to be K & A Donations Center, Inc. and drawn on the Bank of West Virginia. According to the suit, there is no bank known by this name.

The State is suing for the court to issue an immediate temporary restraining order and preliminary injunctive relief to cease and desist the continual operation and shut down the Web site and its solicitations, and that a permanent injunction be issued at a final hearing. Assistant Prosecuting Attorney Richard D. Stephens is representing the State.

Berkeley Circuit Court case number: 09-C-880

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