Attorney General's News Release

October 7, 2004

O'Fallon man ordered to repay $460,000 to consumers after pleading guilty to scam involving discount gas cards

St. Charles, Mo. — O'Fallon resident Franklin David Comer will repay $460,000 to more than 400 consumers across the country after defrauding them in a scam involving discount gasoline cards. Comer (DOB - 6/17/44) pleaded guilty in St. Charles County Circuit Court today to 10 felony counts of unlawful merchandising practices.

The counts were contained in an indictment returned by the St. Charles County grand jury in June at the request of Attorney General Jay Nixon and St. Charles County Prosecuting Attorney Jack Banas.

Comer was charged with lying to consumers about the discount gas cards from American Petroleum Promotion (APP) in order to make withdrawals from their bank accounts. The gas cards were advertised by Comer on the Internet. The consumers authorized withdrawals ranging from $320 to $648 but received neither the gas cards nor refunds of their money. Deputies from the St. Charles County Sheriff's Department executed a search warrant on Comer's residence to obtain evidence.

Comer will pay $30,000 immediately to be distributed to the consumers, and will pay 20 percent of his gross weekly income (a minimum of $250 a week) on the remainder of the restitution. Judge Nancy L. Schneider also placed Comer on probation for five years, requiring him to remain employed while on probation. He faces 40 years in prison and $200,000 in fines if he violates his probation.

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