DECEMBER 16, 2003
DILLON, BOGSTED ANNOUNCE CHARGES IN SALE OF
FAKE JEWELRY
Nassau County District Attorney Denis Dillon and Nassau County Commissioner
of Consumer Affairs Roger Bogsted announced today that they have caught
a number of jewelry stores ripping off holiday shoppers by passing off
under-karated jewelry as genuine 14 karat merchandise.
"This is an ongoing problem for holiday shoppers who think they
are getting a bargain," Dillon said. "So for the second year
in a row we conducted a joint investigation with Consumer Affairs. Sure
enough, we identified five jewelry shops in Nassau County that were
defrauding customers by selling them jewelry that tested below the Federal
Trade Commission's 13.9 karat standard."
"Merchants who sell these under-karated items, and manufacturers
who produce them, are picking the pockets of consumers," said Bogsted,
"and they are also undercutting the sales of legitimate jewelers
by passing off these fakes as bargain-priced 14 karat jewelry."
According to Dillon, "Three shops sold us jewelry that was significantly
under-karated:
Peter Jewelry, 80 Main Street, Hempstead, sold us a Nike charm, purporting
it to be 14 karat. However in 3 separate tests, the item tested at 8.7,
8.7 and 8.8 karats.
Ayala Jewelry, in the Tri-County Flea Market, 3041 Hempstead Turnpike,
Levittown, sold us an allegedly 14 karat gold Tweety charm. Three separate
tests determined the item to be between 9.0 and 9.1 karats.
Andy's Jewelry, 1826 Merrick Road, Merrick, sold us a Nike charm, again
represented as being 14 karat. Three separate tests determined it to
be between 9.1 and 9.2 karats." (It should be noted that Andy's
Jewelry has since undergone a change in ownership, so that the current
owner is NOT responsible for this fraud.)
"In addition," Dillon said, "two other shops will be
cited for selling jewelry that tested below the 13.9 karat standard:
Lydia's Jewelry, also located in the Tri-County Flea Market in Levittown,
sold us a Tweety charm purporting to be 14 karats, that tested between
13.0 and 13.1 karats.
Robert's Jewelry, 1083 Old Country Road, Westbury, sold us an alleged
14 karat Eyeball charm that tests determined was actually between 13.8
and 13.9 karats."
Both Peter Jewelry and Lydia's were also charged last year for the same
kind of fraud, Dillon said.
Each of the stores will be charged with Unconscionable Trade Practices
and Deceptive Trade Practices. Penalties range from $2,500 for first
time offenders to $5,000 for repeat offenders. The charges are merely
accusations, and the defendants are presumed innocent until and unless
proven guilty.
"These charges," Dillon said, "should serve as a warning
to unscrupulous profiteers that we will continue to aggressively investigate
and prosecute their attempts to victimize the public."
Bogsted said the results of this investigation should also "serve
to alert consumers, that you do not always get what you think you are
paying for. If you're shopping for good jewelry, do business with stores
that have a solid reputation for selling the best product. Don't be
taken in by bargains that seem too good to be true. They probably are."
In buying jewelry, Bogsted said, shoppers should be wary of items that
do not bear any trademark or quality stamp, have rough edges, have a
green cast, or have indistinct features. He added that charms and earrings
are the kinds of items that frequently fail the assay test.
"If you feel you've been defrauded by a jewelry establishment,"
Bogsted advised, "try to return your purchase for a refund. If
you are refused, contact Consumer Affairs at 571-2600."