Attorney General's News Release

August 26, 2004

St. Charles contractor will repay consumers $60,000 after Nixon files criminal consumer fraud charges

St. Charles, Mo. — A St. Charles home repair contractor will pay consumers $60,000 in restitution for shoddy work and broken promises under a sentence handed down Monday (Aug. 23) in St. Charles County. Associate Circuit Judge Jon A. Cunningham ordered Carl J. Leavy Jr. to repay the 40 customers, under a criminal plea agreement obtained by Attorney General Jay Nixon. The Attorney General had charged Leavy with two felony counts of unlawful merchandising practices in March.

Leavy owned two home repair businesses: U.S. Exteriors Inc., in St. Louis County, and St. Charles Siding and Window Inc., in St. Charles County. Nixon filed lawsuits against Leavy and both businesses last year. In February 2003, Nixon sued U.S. Exteriors Inc. after dozens of consumers, most in north St. Louis County, complained to him about the business. Many said Levy accepted deposits and then never began or finished home repair projects. Consumers reported losing from a few hundred dollars to more than $15,000.

After the filing of the first suit, Leavy continued to operate St. Charles Siding and Window. Consumers also complained about this business, saying they put down deposits that Leavy did not honor or that Leavy's work was shoddy. Nixon sued St. Charles Siding and Window in August 2003. Most consumers defrauded by this business were from the St. Charles area and lost from $600 to $6,000.

As part of the plea agreement in the criminal prosecution, Leavy agreed to settle the two civil lawsuits with Nixon by repaying the consumers. In addition to repaying consumers, Leavy will be placed on five years' probation. The terms of the probation will bar Leavy from owning his own business, but he may work for others. He also is prohibited from accepting funds on his own behalf for the next five years.

If Leavy violates the terms of his probation, he faces up to eight years in prison and $40,000 in fines.

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 Press Secretary John Fougere.

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