Attorney General's News Release

June 19, 1996

Telemarketer who persuaded Cape woman to send money for phony prize pleads guilty to consumer fraud charge

Jefferson City, Mo. — A southern California telemarketer was given jail time and ordered to pay restitution to his victim after pleading guilty to a felony charge of consumer fraud brought by Attorney General Jay Nixon as part of a crackdown on fraudulent telemarketing calls into Missouri.

Mark Wayne Kinsler, 33, pleaded guilty on Monday to one criminal count of unlawful merchandising practices after he persuaded a Cape Girardeau woman to send a $1,500 payment for “taxes” on a nonexistent prize he told her she had won.

Kinsler was given a five-year suspended sentence but was ordered to serve 60 days shock time in jail. The court also ordered Kinsler to repay the money and prohibited him from conducting telemarketing during his five-year probation.

“We're very aggressive in trying to keep con men from dialing for dollars in Missouri,” said Nixon. “This conviction shows that those telemarketers who break the law run the risk of facing criminal conviction and being sentenced to prison.”

Kinsler admitted calling the woman in January 1995 and telling her he was an attorney with a California law firm and that the woman would be able to claim a $100,000 prize award from Reader's Digest if she sent a payment of $1,500 to him for taxes due on the prize. None of the claims were true. The woman sent the money but then contacted the Attorney General's Office when she did not receive the promised prize.

Kinsler was arrested by local authorities in California, who worked in cooperation with the Missouri Attorney General's Office. He was then extradited to Cape Girardeau County to stand trial. Nixon said Missouri and other states are sharing information about fraudulent telemarketers in prosecuting cases.

Kinsler is the second telemarketer to be recently convicted on criminal charges of trying to defraud Missourians. Last month, another California telemarketer was given the maximum sentence of five years in prison by a Cole County judge after being found guilty of trying to obtain money from a Columbia woman.

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