Judge Bars Man From Fish Industry - 09/09/11 03:13 PM
Judge bars man from fish industry
State said he defied 2010 orders
JOHN LYNCH
ARKANSAS DEMOCRAT-GAZETTE
A 62-year-old Hot Springs man under court order to pay $62,000 in fines and restitution for running a fraudulent fish-stocking business was barred Tuesday from any further work in the fish supply industry.
Rex Allen Curtis could go to jail for contempt of court if he defies Tuesday’s ruling by Pulaski County Circuit Judge Chris Piazza.
“You’re an articulate and smart man. You can find something else to do,” Piazza told Curtis, who appeared with his attorney Justin Hurst at a hearing on how to punish the man over complaints Curtis had resumed the scam in defiance of the judge’s March 2010 order.
Piazza also gave Curtis six months — so he could take up another line of work — to make arrangements to pay the money to the Arkansas attorney general’s office: $40,000 for violations of the Arkansas Deceptive Trade Practices Act and $22,535 to 32 victims in three states. Curtis was ordered to pay the $62,535 in March 2010.
The attorney general’s office won the 2010 judgment after suing Curtis and the companies he purportedly operated in 2009, Arkansas Fish Hatchery Express, Delta Supreme Fish Farm and Arkla-Texoma Fish Hatchery.
Piazza said he considered sending Curtis to jail on Tuesday over the “egregious violations” he heard testimony about at a July contempt hearing. Curtis has denied wrongdoing, saying he was only an employee of the company, Southern Star Trophy Fish Stockers LLC, which state attorneys maintain is operated by Curtis’ daughter, Michelle “Shelly” Sirmon. Southern Star lists the same Hot Springs address, 1424 Airport Road, as other fish-supply companies to which Curtis has been connected, court records show.
The Hot Springs-based company offered largemouth black bass, bluegill and channel catfish for as low as 9 cents apiece, according to court filings. Some of the company’s advertising included the promise that customers could qualify to receive free additional fish with their purchases.
The attorney general’s office reported five complaints had been filed with regulators over the Southern Star company and another business purportedly run by Curtis, First Southern Aquaculture, in the months after the judgment was imposed.
Complainants include a Texas man who reported paying Curtis $1,600 for fish he never received and Ouachita Technical College in Malvern, which paid $927 but didn’t receive all the fish it had ordered. Many of the fish it did receive were sick and dying, court filings show. The Arkansas Game and Fish Commission reported receiving “hundreds” of complaints against Curtis over several years, and that he has falsely claimed to own a fish hatchery and to be licensed by the state to sell fish.
In 1989, Curtis, who has served prison time for hot checks and fraud convictions, was sued by the attorney general. A Pulaski County circuit judge subsequently barred Curtis, who was operating as Millcreek Farms and Curtis Fish Farms, from selling catfish again and ordered him to forfeit $5,000.
State said he defied 2010 orders
JOHN LYNCH
ARKANSAS DEMOCRAT-GAZETTE
A 62-year-old Hot Springs man under court order to pay $62,000 in fines and restitution for running a fraudulent fish-stocking business was barred Tuesday from any further work in the fish supply industry.
Rex Allen Curtis could go to jail for contempt of court if he defies Tuesday’s ruling by Pulaski County Circuit Judge Chris Piazza.
“You’re an articulate and smart man. You can find something else to do,” Piazza told Curtis, who appeared with his attorney Justin Hurst at a hearing on how to punish the man over complaints Curtis had resumed the scam in defiance of the judge’s March 2010 order.
Piazza also gave Curtis six months — so he could take up another line of work — to make arrangements to pay the money to the Arkansas attorney general’s office: $40,000 for violations of the Arkansas Deceptive Trade Practices Act and $22,535 to 32 victims in three states. Curtis was ordered to pay the $62,535 in March 2010.
The attorney general’s office won the 2010 judgment after suing Curtis and the companies he purportedly operated in 2009, Arkansas Fish Hatchery Express, Delta Supreme Fish Farm and Arkla-Texoma Fish Hatchery.
Piazza said he considered sending Curtis to jail on Tuesday over the “egregious violations” he heard testimony about at a July contempt hearing. Curtis has denied wrongdoing, saying he was only an employee of the company, Southern Star Trophy Fish Stockers LLC, which state attorneys maintain is operated by Curtis’ daughter, Michelle “Shelly” Sirmon. Southern Star lists the same Hot Springs address, 1424 Airport Road, as other fish-supply companies to which Curtis has been connected, court records show.
The Hot Springs-based company offered largemouth black bass, bluegill and channel catfish for as low as 9 cents apiece, according to court filings. Some of the company’s advertising included the promise that customers could qualify to receive free additional fish with their purchases.
The attorney general’s office reported five complaints had been filed with regulators over the Southern Star company and another business purportedly run by Curtis, First Southern Aquaculture, in the months after the judgment was imposed.
Complainants include a Texas man who reported paying Curtis $1,600 for fish he never received and Ouachita Technical College in Malvern, which paid $927 but didn’t receive all the fish it had ordered. Many of the fish it did receive were sick and dying, court filings show. The Arkansas Game and Fish Commission reported receiving “hundreds” of complaints against Curtis over several years, and that he has falsely claimed to own a fish hatchery and to be licensed by the state to sell fish.
In 1989, Curtis, who has served prison time for hot checks and fraud convictions, was sued by the attorney general. A Pulaski County circuit judge subsequently barred Curtis, who was operating as Millcreek Farms and Curtis Fish Farms, from selling catfish again and ordered him to forfeit $5,000.