Moving Company Owners Plead Guilty To Criminal Contempt

Attorney General Spitzer and Transportation Commissioner Joseph Boardman said today that the owners of Congers Moving & Storage and Rockland Moving Systems of Central Nyack have pleaded guilty to three counts of criminal contempt for violations of court orders that barred them from the moving business.

Justice J. Emmett Murphy of Supreme Court in Rockland County accepted a contempt plea that requires that Joseph Bertolini be incarcerated for 30 days, and requires that both Joseph and Maria Bertolini are barred from the moving business for three years.

In March, Attorney General Spitzer sought findings of contempt against Mr. and Mrs. Bertolini for failing to comply with court orders. In January, the Attorney General was also awarded a $250,000 judgment against the Bertolinis and their moving companies. The plea requires the Bertolinis to make additional restitution of $35,000 to recent victims of their frauds.

"The Bertolinis have shown a lack of respect for consumers’ rights and for the judicial system which gave them a clear directive C pay up and stop defrauding consumers," said Spitzer. "Court orders in New York must be adhered to, and my office will prosecute contempt motions where necessary to ensure their compliance."

Commissioner Boardman: "This illegal mover has been one of the most flagrant violators of state laws governing the moving industry in the mid-Hudson region. This action underscores the Department’s message that illegal movers who prey upon innocent consumers should be prepared to face serious consequences."

The defendants admitted that instead of complying with court orders that barred them from the moving business, they attempted to evade those orders by creating and operating a new entity known as Royal Moving or Royal Movers, which is not licensed by the State Department of Transportation (DOT).

Consumers complained that the defendants arrived for moves in rented trucks, demanded large amounts of cash for delivery, then delivered broken or damaged goods or no items at all if the requested amount of money was not paid. Consumers learned long after a move that sentimental and irreplaceable items like jewelry and antiques had disappeared, and the Bertolinis refused to honor lost items’ claims.

Working with Rockland County Sheriff James F. Kralik, the State last month seized three trucks belonging to Joseph Bertolini.

The Attorney General urges consumers to use caution when hiring a moving company. They should get references and check them thoroughly and 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 NY DOT (1-800-786-5368) and the Federal Highway Administration.

The contempt motion was handled by Carole Fern, Deputy Regional Office Head in Charge of Public Advocacy in Spitzer’s Westchester Regional Office. AAG Elyse Angelico of the Westchester Office and Robert Rybak of DOT obtained the underlying orders from Justice Miller.

For more information about moving companies, please contact the AG’s consumer hotline at (1-800-771-7755) or visit the website at www.ag.ny.gov. Consumers can also call DOT for information on New York state licensed movers at 1-800-786-5368 or view their Internet website at http://www.dot.ny.gov. Questions regarding interstate movers should be directed to USDOT at 1-518-431-4145. Consumers may also call the Better Business Bureau at 1-800-828-5000.