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For Immediate Release:  
For Further Information:
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June 11, 2009  

Peter Aseltine
609-292-4791

Office of The Attorney General
- Anne Milgram, Attorney General
Division of Criminal Justice
- Deborah L. Gramiccioni, Director

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Mercer County Painting Firm Fined & Ordered to Pay Restitution for Falsifying a State Registration to Obtain Public Contracts

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TRENTON – Attorney General Anne Milgram and Criminal Justice Director Deborah L. Gramiccioni announced that a Mercer County painting company was sentenced today for falsifying a state registration certificate in order to perform work on five public contracts after the company’s registration had been revoked.

According to Director Gramiccioni, Vanko Painting/Coating Inc., located in Ewing, N.J., was ordered by Superior Court Judge Robert C. Billmeier in Mercer County to pay a $10,000 fine and pay $24,035 in restitution to a contractor that lost money due to Vanko’s misrepresentation. The company was ordered to serve a two-year period of probation, during which it will be subject to monitoring.

The company pleaded guilty on Nov. 5, 2008 to a second-degree charge of making false representations for government contracts. The charge was contained in a July 14, 2008 indictment that also charged the owner of the company, George M. Vanicsko Jr., 53, of Yardley, Pa. Under the plea agreement, the charges against Vanicsko were dismissed.

The case was referred to the Division of Criminal Justice by the Department of Labor and Workforce Development, Division of Wage and Hour Compliance, which initially investigated the fraud.

On Sept. 20, 2006, Vanicsko and Vanko had their public works contractor registrations revoked by the labor commissioner for one year because Vanicsko made material misrepresentations on Vanko’s registration renewal application. A valid registration from the labor department is required to work on public contracts in the state. An administrative law judge found Vanicsko failed to disclose his financial interest in another company, V.W. Painting, which also performed government contracts.

Vanicsko and Vanko were required to cease work on any public contracts and not bid or perform work on any new public contracts. However, Vanicsko instead altered the expiration date on an old registration certificate for Vanko so that the company could obtain two new public contracts and continue work on three others. Vanicsko allegedly provided the altered certificate to the general contractors on the projects.

The new contracts included a $98,500 subcontract for work at the Cresskill Junior Senior High School and a $46,000 subcontract for work at the High Mountain School in North Haledon. The ongoing contracts included a $195,000 subcontract for work at Harrison High School, a $150,000 subcontract for work at West New York Public School #4, and a $23,000 subcontract for work at the Lakehurst Emergency Management Facility.

When the fraud was uncovered, the labor department ordered that Vanko be removed from the job sites. The disruption caused one of the general contractors, Bergen Engineering Inc, to lose $24,035 on the Cresskill Junior Senior High School project. Vanko was ordered to pay full restitution to Bergen Engineering as part of its sentence.

Deputy Attorney General Valerie Noto prosecuted the case and handled today’s sentencing for the Division of Criminal Justice Major Crimes Bureau.

Detective Gary O’Brien conducted the investigation for the Major Crimes Bureau. He was assisted by Senior Field Representative Marc A. Goldberg of the Department of Labor, Division of Wage and Hour Compliance.

Vanicsko was debarred from working on public contracts for three years beginning in 2008 because of his failure to maintain and provide to the labor department payroll records required under the Prevailing Wage Act.

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