Kobach nominates former federal prosecutor to serve as KBI director

by Tim Carpenter, Kansas Reflector


Topeka — Attorney General-elect Kris Kobach said Tuesday he would nominate a former Republican rival to be director of the Kansas Bureau of Investigation.
Kobach, who won a three-person primary before narrowly winning election in November, said he would seek Kansas Senate confirmation of Tony Mattivi, who served as an assistant U.S. attorney for 20 years before retiring in 2020. Mattivi was among three candidates in the GOP primary.


“Tony Mattivi is a highly qualified public safety professional with decades of experience working with law enforcement to put away some of the nation’s most violent and dangerous offenders,” Kobach said.


Kobach said that while on the campaign trail he realized Mattivi was valued by Kansas law enforcement officers and would “make him a perfect fit to lead” the KBI.


The director’s job opened after Kirk Thompson announced plans to retire. Thompson was appointed by Attorney General Derek Schmidt, who will leave the office in January. Schmidt lost a campaign for governor to Democrat Laura Kelly.


“I’ve worked alongside the Kansas Bureau of Investigation for three decades, and I know it is a crown jewel of Kansas law enforcement,” Mattivi said.


In the U.S. Department of Justice, Mattivi prosecuted the al-Qaida mastermind behind the USS Cole bombing in Yemen in 2000. He also prosecuted former U.S. Marine Lee Loewen, who attempted to detonate a van filled with explosives in Wichita on behalf of al-Qaida.


In addition, Mattivi was involved in the 2018 conviction of three men from southwest Kansas who conspired to bomb an apartment complex in Garden City where Muslim immigrants resided.


He previously worked in the office of the attorney general and the Shawnee County District Attorney’s office before he was hired by the federal government. He earned a law degree at Washburn University in Topeka.


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Kansas court affirms $9.9 million payment to state treasury from 32-state vaping settlement

Coalition of attorneys general accuse Juul of marketing, sales misconduct

by Tim Carpenter, Kansas Reflector

Topeka — A district court judge in Kansas affirmed a $9.9 million settlement to the state resolving an investigation of allegations e-cigarette manufacturer Juul Labs engaged in deceptive marketing and sales practices appealing to youth who couldn’t legally purchase the product.

Attorney General Derek Schmidt said the money would be deposited in the state’s general treasury over the next six to 10 years. There would be no mandatory use of those funds. The payment was part of a $438 million agreement between Juul and 32 states and Puerto Rico.

The consent judgment in Kansas was approved by Shawnee County District Judge Thomas Luedke.

A two-year investigation, launched in wake of skyrocketing increases in youth vaping, found the company deployed advertising aimed at underage users. The company conducted launch parties, gave away free samples and relied on young models in commercials and social media posts, Schmidt said.

Schmidt took the unusual step in 2020 of revealing Kansas had been investigating Juul’s business practices for several months and had joined a bipartisan coalition of attorneys general involved in a broader inquiry.

“This is the best and most-efficient and effective way to protect the public interest statewide and ensure that any unlawful practices that contributed to the sharp increase in youth vaping are stopped,” Schmidt said.

The U.S. Centers for Disease Control and Prevention said more than 2.5 million school-age students used e-cigarettes during 2022. Youth consumption of traditional cigarettes has fallen while vaping rates climbed.

Juul sold vaping products in mango, mint and creme brulee flavors appealing to young consumers and modified the product to generate vapor that felt less harsh on the throat. Juul’s packaging implied the product contained a lower concentration of nicotine than it actually did. In addition, the inquiry disclosed Juul relied on age verification techniques the company knew were ineffective.

Under this settlement, Juul must refrain from specific marketing practices targeting youth and comply with sales and distribution restrictions.

The U.S. Food and Drug Administration is evaluating whether to impose a ban on sale of Juul’s vaping devices and pods.

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.
See more at https://kansasreflector.com/2022/12/08/kansas-court-affirms-9-9-million-payment-to-state-treasury-from-32-state-vaping-settlement/

Attorney general shares views on legislation

Views

Opinion column

by Murrel Bland

Derek Schmidt came to Wyandotte County prepared to comment on two very controversial pieces of legislation.

Schmidt, the Republican Kansas attorney general who wants to be governor, was the keynote speaker at the monthly meeting of the Congressional Forum held Friday, March 18, at Children’s Mercy Park. The Kansas City, Kansas, Area Chamber of Commerce sponsors the forum.

The first issue Schmidt addressed was the “Safe and Welcoming City Act.” The Unified Government Commission, on a 6-4 vote, recently approved the act for Kansas City, Kansas. The ordinance would authorize the issuances of photo identification cards to undocumented persons to improve the access to public services.

Schmidt favors House Bill 2717 which would prohibit local units of government from passing any legislation that would interfere with law enforcement cooperation in immigration enforcement. He said that the ordinance would encourage sanctuary cities.

Schmidt said it is up to the federal government to reform immigration policies. Employers are very dependent on immigrant labor, particularly in such areas as food service, construction and landscaping. The present immigration system is long, drawn-out and very cumbersome.

Schmidt also commented on the redistricting issue. The Kansas Legislature, controlled by conservative Republicans, approved a map that would split Wyandotte County into two Congressional districts. Democrats allege that such a map was blatant gerrymandering, with lines drawn to dilute a Democrat candidate’s strength.

Suits were filed in Wyandotte and Douglas counties, challenging the Republican maps. The attorney general requested that the suits be dismissed. The Kansas Supreme Court rejected Schmidt’s request, saying that Schmidt should have not short-circuited the judicial process.

It is unfortunate that the ultra-conservative element controls the Legislature; its map shows the worst in partisan politics. A more moderate approach would be to keep the district lines basically the same as it is today. This would keep Wyandotte County and most of Johnson County in the 3rd Congressional District. The far southern semi-rural area of Johnson County would be in the 4th Congressional District.

Schmidt also told of improvements he has made in his 11 years as attorney general. He was able to get legislation passed that places the 150 employees of the attorney general’s office under civil service. He also was successful in getting a new crime laboratory for the Kansas Bureau of Investigation.

Murrel Bland is the former editor of The Wyandotte West and The Piper Press. He is an advisory director of Business West.

Kansas Attorney General Derek Schmidt, center, was the featured speaker Friday, March 18, at the Congressional Forum. Also attending were Kim Singleton and Murrel Bland of Business West.