Law Suit Seeks To Ban Rhode Island Fund Raiser From Soliciting In New York

Attorney General Spitzer today announced a lawsuit against a Rhode Island-based telemarketing company for operating fraudulent fund-raising campaigns in violation of New York’s donor protection statutes.

Spitzer’s lawsuit alleges that Thomas J. Gity, 49, of Seekonk, MA, and his son, Thomas J. Gity, Jr., 24, of Barrington, RI, and their company, Liberty Productions, conducted fraudulent telephone solicitations for 16 organizations associated with members of law enforcement throughout New York State.

The Attorney General’s petition specifically alleges that Liberty’s professional solicitors failed to identify themselves as professional fund raisers, and falsely:

• told potential donors that they were members of the New York law enforcement community;
• claimed to be placing calls from New York-based police stations;
  
  
• represented that the entire donation will benefit the charity; and
• promised that New York businesses would be advertised in a business directory with widespread distribution.

"The members of New York’s law enforcement community are respected throughout the country," said Spitzer. "When their good names are misappropriated for the financial gain of a telemarketer, I will act to ensure that donors are not deceived and that the integrity of law enforcement is protected."

The elder Gity, who manages Liberty, was convicted in 2000 of embezzlement stemming from a scheme in which he skimmed proceeds from six Rhode Island charities. This criminal record
bars him from working as a professional fund raiser in New York. The petition alleges that the younger Gity registered for Liberty in an attempt to hide his father’s involvement.

Spitzer’s petition also alleges that Liberty understated the amount it raised on behalf of the Ballston Spa Police Benevolent Association (PBA) by over $20,000, thus underpaying the PBA and reporting false figures to the Attorney General.

The Attorney General’s petition seeks a court order that would permanently bar the Gitys and Liberty from the charitable fund-raising business in New York.

Spitzer thanked the Albany County Sheriff’s Department, the Oswego City Police Department and the East Greenbush Police Department for their contributions to this investigation.

Albany County Sheriff James Campbell said: "On behalf of the residents of Albany County, I thank Attorney General Spitzer and his staff for addressing the issue of fraudulent telephonic fund raising. The deception and intimidation used by the callers is repulsive."

Chief A. Zukovsky of the Oswego City Police Department said: "It is extremely gratifying to have the support of Attorney General Sptizer in this matter. This fraudulent fund raising organization as well as others have been a virtual plague to Law Enforcement Agencies in New York State. Hopefully this action will serve notice to other entities whose purpose is to bilk the public and cast a cloud upon Law Enforcement’s integrity.

My personal thanks and congratulations goes to the Attorney General and his staff for their diligence and perseverance in what I am sure will be a successful conclusion."

The matter is being handled by Assistant Attorney General Nathan Courtney under the supervision of Section Chief and Special Litigation Counsel Robert Pigott and Charities Bureau Chief Gerald Rosenberg with the assistance of investigators Edward Conlan and Susan White.