NEWARK
— The owners of the Comtrain Institute
in East Orange have been permanently barred
from operating, owning or working for a
vocational school or practical nursing school
after a state Superior Court judge found
that they offered practical nursing courses
without being licensed, Attorney General
Stuart Rabner and Acting Consumer Affairs
Director Stephen B. Nolan announced.
Judge Kenneth S. Levy found that Comtrain
owners Luc Gayot and Donald H. Mintz violated
the state’s Consumer Fraud Act and
the Nurse Practice Act by repeatedly and
flagrantly misrepresenting to students that
Comtrain was licensed to teach practical
nursing courses.
“Students who tried to pursue a career
in nursing instead wasted their money and
many hours studying in an unlicensed program
– and therefore couldn’t even
sit for their licensing exams,” Attorney
General Rabner said. “Because of the
misrepresentations that Comtrain made, the
defendants will reimburse all students who
participated in the state’s litigation
their tuitions.’’
The Final Judgment requires Comtrain to
fully reimburse all 32 students who were
party to the state’s lawsuit for all
tuition and fees paid. Over 100 students
attended Comtrain’s unlicensed practical
nursing program.
Specifically, the Final Judgment:
- permanently
bars the defendants from operating, owning
or working in any way for a vocational
school or practical nursing school;
-
requires the defendants to pay $95,585
in consumer restitution;
-
requires the defendants to pay $65,000
in civil penalties;
- requires
the defendants to reimburse the State
for its costs and charges in the total
amount of $30,000; and
-
requires the defendants to pay $88,738
in attorneys’ fees.
“This
case is one of the more egregious examples
we have seen of unprincipled individuals
taking advantage of students trying to obtain
an education,” said Acting Consumer
Affairs Director Nolan. “By permanently
barring them from ever opening or working
in a vocational or nursing school again,
these defendants will no longer be able
to prey on students who are pursuing dreams
of a noble and rewarding career.”
The Attorney General’s Office and
Division of Consumer Affairs filed suit
in December, 2004 against the school and
its owners for allegedly operating an unlicensed
nursing program. The defendants allegedly
charged students between $5,025 and $10,000
to enroll in the program and repeatedly
made misrepresentations to the students
about their eligibility to sit for a national
nursing exam and become licensed practical
nurses upon their completion of the program.
The State’s complaint alleged violations
of the State’s Consumer Fraud Act
and Nurse Practice Act.
Comtrain was previously licensed by the
State Department of Education to provide
private vocational education services in
the areas of, among other things, mortgage
lending, Microsoft applications, networking,
keyboarding, paralegal, computer repair,
medical billing and accounting. However,
Comtrain was not authorized by the Board
of Nursing to operate a practical nursing
program. Comtrain is no longer licensed
by the State Department of Education as
a vocational school.
The defendants in this case are as follows:
- Comtrain
Inc., of 55 Washington Street, East Orange;
-
Luc Gayot of Newark, owner, majority shareholder,
director and registered agent of Comtrain;
- Donald
Mintz, Esq., of East Hanover, an attorney
who also serves as an owner, shareholder,
administrator and student advisor of Comtrain.
Deputy
Attorney General Brian Brennan represented
the State in this matter. Deputy Attorney
General Ginger Provost represented the New
Jersey Board of Nursing in this matter.
Students who have been affected by the defendants’
activities may contact Consumer Affairs’
Consumer Service Center at 800-242-5846
(if calling from within the State of New
Jersey) or 973-504-6200.
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