Lawyer: Coach hurt by economy

COEUR d'ALENE - A Coeur d'Alene baseball coach accused of not refunding four customers who signed up for a canceled baseball camp will have to pay $55,000 in civil penalties should he renege on camp-related promises in the next five years.

Nicholas Rook, 31, must follow a set of guidelines regarding factual advertising to refunding payments should he offer baseball camps in the future, according to an order released by the Attorney General's Office.

Rook does not have to pay back the four customers, nor does the Aug. 10 order hold Rook, head baseball coach at Coeur d'Alene High School, liable for any of the accusations made against him or his baseball camps, Top Guns Camps and Top Guns Development Camps LLC.

Rook, a 1997 Coeur d'Alene High School graduate, was hired in 2008 to coach the school's varsity baseball team. He was named Idaho Coach of the Year after his first season.

"This case was nothing more than a business going out of business in a down economy," said Jeff Andrews, Rook's attorney, in a written statement to The Press. "It simply requires him if he elects to operate a business to do so in a manner consistent with the law and therefore in the same manner we contend that he had all along."

Rook stopped operating the camps at least one year ago. They began in 1997.

After the original four complaints - made between Jan. 9 and June 22, 2009 - were filed in September of that year, seven additional complaints were added. The 11 complaints totaled $6,000 in losses, according to Bob Cooper, Attorney General spokesman.

The complaints said Rook's advertising contained "unfair or deceptive representations, including potential collegiate baseball team recruitment, instruction from Major League Baseball players, instruction from Division 1 baseball coaches or the best baseball instruction available."

Before the AG's office issued the order, Rook filed for Chapter 7 no asset bankruptcy. In the Feb. 17 bankruptcy filing he listed $266,375 in assets and $510,360 in liabilities, primarily business debts, according to court papers.

Federal bankruptcy laws protect debtors against certain state laws, the Attorney General's Office said.

Chapter 7 no asset bankruptcy is filed when the debtor estimates that there will be no funds available for distribution to unsecured creditors.

"This business had been an ongoing and legitimate concern since 1997. This was not some ponzi scheme," Andrews wrote. "This does not mean that the business model was wrong, the owner engaged in misconduct, or that the operator did not have a viable market niche. If there is an abrupt change in the market many small businesses lack the financial alacrity to adjust."

The guidelines the Attorney General's Office issued in the order say future camps must clearly disclose all conditions related to the camps, cannot claim the camps have sponsorships they don't have, must have written verification for representatives promised to appear there, can't claim it's the best camp unless substantiated in writing, and outlines a refunding model for customers.

Violation in the next five years of any of those conditions would result in the civil fine.

Rook declined to comment Thursday.

Andrews declined to answer whether Rook's camps were ever canceled, how much they cost to attend or whether Rook refunded customers if the camps did renege on promises.