Day 024 - 15 Sep 94 - Page 04

     1        had committed fraud just in the Dallas area; it is just
     2        where I happened to live.  I did not live in Austin where
     3        the headquarters was.  It would apply to the practices of
     4        any company, whether done on a national or local scale
     5        that affected consumers in Texas.
     7   Q.   Just one question:  Are you receiving any remuneration
     8        from the Defence for appearing here?
     9        A.  My testimony is at a personal loss to me.  I am
    10        picking up most of the cost of my travel here.  I am, of
    11        course, not receiving any other payment from the Defence,
    12        no.
    14   Q.   What is the responsibility of the consumer protection
    15        division of the State of Texas?
    16        A.  The Texas legislature specifically bestowed upon the
    17        consumer protection division the duty to enforce, among
    18        other laws, the State Deceptive Trade Practices Act.  The
    19        State Deceptive Trade Practices Act, DTPA, covers
    20        virtually any commercial practice by an individual or a
    21        corporation that occurs or that affects individuals within
    22        the state of Texas.  It outlaws any false, misleading, or
    23        deceptive acts or practices in the conduct of any trade or
    24        commerce.  The consumer protection division is directed by
    25        our legislature to enforce the provisions of the DTPA and
    26        to investigate where it is in the public interest to do so
    27        and bring civil law suits when it is in the public
    28        interest to do so.
    30   Q.   Do you work with other States' Attorney General offices on
    31        those matters?
    32        A.  Beginning in about, I would say, 1984 or 1985, an
    33        increasing amount of my work was done with other states,
    34        what we generally termed multistate activities.  And
    35        I would say approximately 1987/88 and forward, virtually
    36        all of my time and work as an Assistant Attorney General
    37        was expended in these multistate activities.
    39   Q.   Just going back a bit, have you familiarity with the
    40        functioning of the Attorney General office in New York and
    41        why?
    42        A.  Yes, I do.  I served as an Assistant Attorney General
    43        in that office under Attorney General Robert Abrams from
    44        1982 to 1984.  I also had significant familiarity with the
    45        way they worked because of my subsequent working
    46        relationship and ongoing working relationship with him.
    48   Q.   Just also, do you have particular familiarity with the
    49        California state office?
    50        A.  Yes, I do, and the same way I have continued 
    51        familiarity with the New York Attorney General or with the 
    52        enforcement activities in the consumer area of many other 
    53        state Attorneys General.  I worked very closely with the
    54        California Attorney General because Texas, New York and
    55        California -- not necessarily in that order -- were the
    56        three largest states in the country, and I would say the
    57        three most active states in enforcing our consumer
    58        protection laws.  It was natural we did work together; we
    59        chose to do so.

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