Altecsales
Springfield,#2Consumer Comment
Thu, November 13, 2008
Nixon obtains restraining order preventing out of state computer salesmen from continuing to defraud Missourians Springfield, Mo. Attorney General Jay Nixon today obtained a temporary restraining order against a pair of computer salesmen who accepted $50,000 in payment from a Missouri business for computer monitors but then delivered the wrong merchandise that was badly damaged and failed to refund the company's money. Greene County Circuit Judge Dan Conklin signed the order against Jeffrey Kodba, who does business as JSK Computers, of Erie, Pa., and Orlando Bevilacqua and his business, The Bevilacqua Group, of Pittsburg, KS, temporarily barring them from doing business with Missourians. Nixon will seek a preliminary injunction against the defendants at a hearing Feb. 15. Nixon says Bevilacqua and his business acted as sales representatives for Kodba and JSK Computers in soliciting a Springfield business, Altec Solutions Group, Inc., to purchase 1,000 computer monitors of a specific condition, size and color for a total of $50,000. The defendants made multiple representations that the merchandise was in good working order and individually packed in the manufacturer's boxes, and said on an invoice that the monitors would be shipped in two to three days. After agreeing to purchase the monitors, Altec wired $50,000 in payment to JSK Computers on Sept. 19, 2007. After two weeks of delays, Altec finally received the shipment on Oct. 4, 2007, only to find items that were not what the company paid for on the sales invoice and that were damaged and labeled as unrepairable. In addition, broken glass panels included in the shipment had exposed and/or leaking mercury at toxic levels. Altec has determined disposal of the hazardous material will cost the company $16,000. When Altec contacted the defendants about the shipment, Kodba and Bevilacqua stated that all sales were final, they weren't refunding Altec's payment and to file a claim against the freight company. Nixon says his office has also heard from consumers in other states who paid JSK Computers for various electronics equipment but received incorrect, damaged merchandise and have never received a refund. Anyone who demonstrates a pattern of accepting large sums of money in payment for damaged goods without ever refunding the consumer's money shouldn't be able to peddle their wares in Missouri, Nixon said. We'll see to it that they cannot, and that they pay a hefty sum in restitution and penalties. Today's court order prohibits the defendants from advertising, offering or selling merchandise to any Missouri consumer. Nixon also obtained an order freezing $75,000 of JSK Computers' bank account to secure payment of consumer restitution, and for appropriate penalties. Nixon obtains restraining order preventing out of state computer salesmen from continuing to defraud Missourians Springfield, Mo. Attorney General Jay Nixon today obtained a temporary restraining order against a pair of computer salesmen who accepted $50,000 in payment from a Missouri business for computer monitors but then delivered the wrong merchandise that was badly damaged and failed to refund the company's money. Greene County Circuit Judge Dan Conklin signed the order against Jeffrey Kodba, who does business as JSK Computers, of Erie, Pa., and Orlando Bevilacqua and his business, The Bevilacqua Group, of Pittsburg, KS, temporarily barring them from doing business with Missourians. Nixon will seek a preliminary injunction against the defendants at a hearing Feb. 15. Nixon says Bevilacqua and his business acted as sales representatives for Kodba and JSK Computers in soliciting a Springfield business, Altec Solutions Group, Inc., to purchase 1,000 computer monitors of a specific condition, size and color for a total of $50,000. The defendants made multiple representations that the merchandise was in good working order and individually packed in the manufacturer's boxes, and said on an invoice that the monitors would be shipped in two to three days. After agreeing to purchase the monitors, Altec wired $50,000 in payment to JSK Computers on Sept. 19, 2007. After two weeks of delays, Altec finally received the shipment on Oct. 4, 2007, only to find items that were not what the company paid for on the sales invoice and that were damaged and labeled as unrepairable. In addition, broken glass panels included in the shipment had exposed and/or leaking mercury at toxic levels. Altec has determined disposal of the hazardous material will cost the company $16,000. When Altec contacted the defendants about the shipment, Kodba and Bevilacqua stated that all sales were final, they weren't refunding Altec's payment and to file a claim against the freight company. Nixon says his office has also heard from consumers in other states who paid JSK Computers for various electronics equipment but received incorrect, damaged merchandise and have never received a refund. Anyone who demonstrates a pattern of accepting large sums of money in payment for damaged goods without ever refunding the consumer's money shouldn't be able to peddle their wares in Missouri, Nixon said. We'll see to it that they cannot, and that they pay a hefty sum in restitution and penalties. Today's court order prohibits the defendants from advertising, offering or selling merchandise to any Missouri consumer. Nixon also obtained an order freezing $75,000 of JSK Computers' bank account to secure payment of consumer restitution, and for appropriate penalties.