BY KIM PREDHAM
STAFF WRITER
TOMS RIVER — Believed to be the first prosecutions ever under new state
home contractor regulations, Ocean County officials yesterday announced
the indictments of four contractors operating locally.
The majority of the indictments are the result of a collaboration —
dubbed "One-Two Punch" — between the Ocean County Prosecutor's Office
and the county's Department of Consumer Affairs, the officials
announced.
These indictments send the message that Ocean County will take a
"hard line" on scam artists, said county Freeholder Joseph H. Vicari,
the freeholder board liaison to the Department of Consumer Affairs.
Scam artists are of particular concern in Ocean County, Prosecutor
Thomas F. Kelaher noted, since senior citizens make up a significant
portion of the county's population.
"(Seniors) are a population vulnerable to all kinds of scams," Kelaher said.
In indictments returned Wednesday, the four contractors were all
charged with "unregistered home improvement contracting," which accuses
them of violating a state law requiring contractors to register with
the state Division of Consumer Affairs.
In all four of this week's cases, the men allegedly agreed to
perform home improvement services without first registering as a
contractor, Anton said.
The men indicted Wednesday were: John Murphy, 45, of Troumaka Street
in Toms River; Paul Tsarnas, 53, of West Mohawk Drive in Little Egg
Harbor; Richard Conway, 47, of Anchorage Boulevard in Berkeley; and
Joseph Gresko, 54, of Chambord Court in Hamilton, Mercer County.
Murphy, Tsarnas and Conway were also indicted on theft charges.
Their cases originated from complaints lodged with the county consumer
affairs department, Anton said.
Anton said he anticipates more indictments will be returned in the future.
The new state law — which went into effect on Dec. 31, 2005 — makes
such behavior an offense punishable by up to 18 months in prison.
Contractors can also be subject to thousands of dollars in fines, said
Stephen Scaturro, director of the county's Department of Consumer
Affairs.
The law represents a new "tool in (the) toolbelt" to use against
disreputable contractors, Assistant Ocean County Prosecutor Martin J.
Anton said. Previously, prosecutors like Anton often relied on theft
prosecutions to bring down such individuals.
But to prove theft, he usually needed to find a pattern of such
behavior, Anton said. The new charge is much more straightforward, he
said.
County officials touted the cooperation between law enforcement and
the county consumer affairs officials for this week's indictments.
They also emphasized that the contractors targeted had been
suspected of cheating homeowners, rather than contractors who may
simply have neglected to register. The county is continuing outreach
efforts to bring all contractors into compliance, said Scaturro, the
consumer affairs director.
Though at this point — nearly one year after the law took effect —
officials also noted that contractors have had ample time to register.
To operate in this state, most contractors must register with the
state DCA annually, pay a set fee and prove that they have commercial
general liability insurance of at least $500,000 per "occurrence."
The current fee is $90, Anton said.
Contractors must also file a disclosure form stating whether whether
they have ever been convicted of certain crimes, which include first
degree crimes and any indictable theft or forgery charge.
Contractors can be denied registration for several reasons,
including if they have engaged in "repeated acts of negligence,
malpractice or incompetence," or have been convicted of a crime
involving "moral turpitude" or any crime relating adversely to the
activity regulated by the new legislation.
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