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Field Reports

1 Apr, 2007 By: Thomas Haire, Courtney Beth Pugatch Response

"The action against our company by the Attorney General's Office involves an exercise product sold and shipped by one of our clients. We billed for that product in 2005 on behalf of a client, and we disclosed our company's full contact information should any consumer question the purchase or seek full credit. The percentage of consumers who called about this product was actually lower than the average percentage of call-ins for similar products. If any consumer contested the charge, we refunded the charge, no questions asked. We continue to be committed to making sure that any consumer who has any problem with the transaction will be made whole, and we will make sure that all concerns about this transaction are alleviated."

Chancellor Davies' order of an injunction and asset freeze of $300,000 granted the state's request to stop the defendants from billing consumers in certain cases and from disposing of business records surrounding the purported "EmTech" client. The companies reportedly garnered nearly $550,000 from the alleged "EmTech" scheme. Davies' order forced National Fulfillment and Entertainment America to place $215,000 in an FDIC-insured escrow account by March 10, with an additional $85,000 due in the same account by April 16. The companies also must file information on their financial health no later than April 30.

Response Earns 2 Maggie Award Finalist Nods for Editorial Excellence

SANTA ANA, Calif. — Response Magazine garnered two finalist nominations from the Western Publications Association's (WPA) 56th annual Maggie Awards program for editorial excellence.

Both nominations are for Best Interview or Profile in a Trade Magazine. Editor-in-Chief Thomas Haire's profiles of Schering-Plough Corp.'s Herb Ehrenthal (June 2006) and DuPont's Rich Thompson (September 2006) are two of the six finalists nominated in that category.

"We are thrilled to be nominated for two Maggie Awards — especially in a category that truly speaks to the quality of the editorial produced by Tom and his staff every month," says John Yarrington, Response publisher. "Tom's editorial excellence has helped drive the magazine to new heights during the past six years, and we are proud to see that rewarded."

Haire was a finalist in the same category in 2004 for his 2003 profile of infomercial host Tony Little. The awards will be handed out at an April 27 banquet at the Westin Los Angeles Airport.

Casey Speaks Out on $10M Counterclaim Against Cirtran

By Thomas Haire (

SALT LAKE CITY, Utah — A nearly two-year old fight in a Utah U.S. District Court continues to grow uglier, as several motions in a case that involves DR marketers Michael Casey Enterprises, Cirtran-Asia Inc. and International Edge Inc., have now postponed a likely trial to early 2008.

Michael Casey's $10 million counterclaim against Cirtran was filed in 2005.
Michael Casey's $10 million counterclaim against Cirtran was filed in 2005.

The original suit, filed May 11, 2005, pits Cirtran and its co-plaintiffs, Charles Ho and UKing System Industry Co. Ltd., against defendants International Edge, HIMPG, Casey Enterprises and individuals Michael Casey and David Hayek. The suit accuses the defendants of breach of contract and licensing fraud, among other allegations, resulting from a dispute arising over the Ab-King Pro product. Casey filed a $10 million countersuit on Aug. 10, 2005. The Utah case is currently in discovery, and a final pretrial conference is currently scheduled for Dec. 14.

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