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Division of Legal Services

Kevin Potter, Administrator • Biography

 

Criminal Litigation, Antitrust, Consumer Protection, & Public Integrity Unit

The Criminal Litigation, Antitrust, and Consumer Protection Unit handles a variety of criminal and civil enforcement matters.

Criminal Litigation

The unit performs a number of important functions involving criminal related matters.  These include:

Direct prosecution:  The unit has authority to initiate criminal prosecutions for violations of selected statutes including securities, tax, and the Wisconsin Organized Crime Control Act. 

Special Prosecutions:  In addition, at the request of district attorneys, unit members investigate and act as special prosecutors throughout Wisconsin in homicide, white-collar crime, public corruption, election fraud, and multi-jurisdictional criminal cases and other cases where the district attorney needs assistance or is unable to act. 

Sexual Predator Commitments:  The unit has a primary role in prosecuting sexual predator commitments in counties across the state and handles post-commitment proceedings in those cases. 

Advice and consultation:  The unit provides advice and assistance to law enforcement and prosecutors on a variety of issues including specialized areas such as Internet Crimes Against Children, elder abuse, child abuse and neglect, and computer crimes.  Unit attorneys also review and comment on criminal related legislation.

Prosecutor and Law Enforcement Training:  Attorneys from the unit also provide general advice, training and education to prosecutors and law enforcement through a variety of means including its Statewide Prosecutors Education and Training (SPET) program.  This training includes two annual conferences, specialized trainings, monthly telephone trainings and distribution of resource material such as legislative updates.

Anti-Trust

The unit’s anti-trust staff enforces Wisconsin’s Chapter 133 anti-trust laws, including laws related to bid rigging, price fixing, secret rebates, and territorial allocation.  The unit works with the Federal Trade Commission and U.S. Department of Justice to review proposed mergers and, pursuant to federal statute, reviews Class Action Fairness Act notices.   As part of a multi-state group of other attorneys general, the anti-trust staff has pursued litigation against companies for nationwide and international conspiracies and monopolistic practices.  The antitrust staff investigates alleged conspiracies amongst competitors, and assists state agencies with investigations of illegal bidding on state contracts and defends the state against antitrust allegations.

Consumer Protection

The Department of Justice's Consumer Protection staff investigates and prosecutes violations of state consumer laws, including laws relating to deceptive advertising, credit, charitable solicitations, landlord/tenant, home improvement, telecommunications (including violations of Wisconsin’s “no-call” list), telemarketing and sales. The Consumer Protection staff cooperates with various state agencies, including the Department of Agriculture, Trade and Consumer Protection (DATCP) and the Department of Financial Institutions (DFI), and also works with other states, the Federal Trade Commission and other federal agencies in addressing national consumer protection issues and participating in multi-state investigations and enforcement actions. Through enforcement actions, including the filing of lawsuits, the unit seeks compliance with consumer protection laws through injunctions to stop fraudulent or deceptive practices and the imposition of forfeitures as well as the recovery of restitution for injured consumers. The Consumer Protection Office also protects Wisconsin citizens from unfair and deceptive trade practices by providing consumer information and education.  Between January of 2007 and July 1, 2008, the Consumer Protection staff obtained over $3 million in fines, forfeitures and restitution for the State and its citizens.

 
 

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