Moving Company Assets Seized To Honor Judgment

Attorney General Spitzer and State Transportation Commissioner Joseph Boardman said today that three large trucks valued at tens of thousands of dollars have been seized from a Rockland County moving company as part of a judgment in a major consumer fraud case.

Working with Rockland County Sheriff James F. Kralik, the State seized equipment belonging to the owners of Congers Moving and Storage, based in Central Nyack, NY.

The company was accused of providing shoddy service, padding bills with undisclosed fees, and taking an inordinate amount of time to deliver items, thereby driving up moving bills. The company is also accused of operating a moving business in contempt of a court order.

In January of this year, Justice Howard Miller of Supreme Court in Rockland County awarded the Attorney General a $250,000 judgment, directing the owners of the company -- Joseph and Maria Bertolini -- to make restitution to dozens of New York consumers. The judge also barred the Bertolinis from operating a moving business in New York, but they continued to do so using other business names.

"Consumers should carefully monitor the details of any business transaction," Spitzer said. "This is especially important when dealing with moving companies that have a questionable reputation."

Transportation Commissioner Boardman said, "Under Governor Pataki’s leadership, DOT has aggressively cracked down on illegal movers who defraud consumers. When the Bertolinis continued to operate illegally, DOT successfully worked with the AG’s office to convince the Court that the company should be permanently barred from operating a moving company in New York State."

The AG, DOT, the Rockland Sheriff, and police departments of Stony Point and Orangeburg worked together to make the seizures possible. The Rockland Sheriff will auction the assets, which include three moving vans. The proceeds will go to the many consumers who complained to the AG’s office.

In a separate motion filed March 26, Spitzer is alleging that the Bertolinis are violating the judge’s January order by continuing to defraud consumers through a new company called Royal Moving, which is not licensed by DOT. Consumers say the defendants arrive for a move in a rented truck, demand large amounts of cash for delivery, then deliver broken or damaged goods or no items at all if the requested amount of money is not paid. Often times, consumers learn long after a move that sentimental and irreplaceable items like jewelry and antiques have disappeared, and the Bertolinis refuse to honor lost items’ claims.

The Attorney General’s contempt motion seeks fines and imprisonment against the owners. According to the motion, the Bertolinis are now trying to hide their assets under many names in a number of banks.

Rockland County Chief Deputy Sheriff for Civil Enforcement, Mary Barbera said, "The Sheriff’s Civil Division has received dozens of complaints against the Bertolinis, Royal Moving, M&J Storage, Rockland Moving Systems, Inc. and Congers Moving & Storage. Consumers in Rockland County can find out if companies have complaints against them by calling the County Department of Consumer Protection at 914-364-2681."

Lt. Daniel M. Ricci of the Stony Point Police Department said, "Our investigation into the business activities of the Bertolinis will continue. We are presently looking into whether they are using their moving business as a mechanism to steal consumers’ goods as some consumers have complained."

Attorney General Spitzer urges consumers to exercise caution when hiring any moving company. Get references and check them thoroughly. Be wary of estimates that are significantly below quotes from the competition. All movers should be prepared to present state and/or federal license numbers. Check these numbers with the DOT (1-800-786-5368) and the Federal Highway Administration.

For more information, consumers can contact the AG’s consumer hotline at (800) 771-7755 or visit the website at www.oag.state.us.

The contempt motion is being handled by Carole Fern, of Attorney General Spitzer’s Westchester Regional Office. AAG Elyse Angelico of the Westchester Regional Office and Robert Rybak of the Department of Transportation obtained the underlying orders from Justice Miller. Senior investigator Howard Shapiro of the AG’s office coordinated law enforcement seizure of the trucks.