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NEWARK
– The State has filed a Motion to
Enforce Litigant’s Rights, alleging
that Daryl T. Turner, the owner of several
now-defunct businesses that advertised and
sold vacation packages, is in violation
of the February 2011 settlement.
The
Final Consent Judgment resolved the action
filed by the State in May 2009 against Turner,
individually and doing business as Dreamworks
Vacation Club, Dreamworks Vacations, Dreamworks,
Bentley Travel and Five Points Travel Company,
to which Modern Destinations Unlimited,
Blue Water, Vacation Clubs LLC d/b/a La
Bonne Vie Travel, Dream Vacations International,
Inc. and Away We Go Promotions, LLC were
later added as defendants.
The
Final Consent Judgment barred Turner, for
a period of five years, from owning and/or
operating any business in the State of New
Jersey that is engaged in the advertisement,
offering for sale and/or sale of vacation
packages. The Final Consent Judgment provided
for a settlement amount of $3,086,508.62,
of which $2,188,728.52 comprises consumer
restitution.
The
State’s Motion, filed in the Superior
Court, Chancery Division, Morris County,
alleges that Turner has violated the settlement
through his involvement in the ownership
and/or operation of “Travel Deals,”
a Marlton, New Jersey based company that
is currently engaged in the advertisement
and sale of vacation packages. Among other
things, the State’s allegations are
supported by an undercover investigation
by the Division of Consumer Affairs, consumer
information, lease agreements executed by
Turner for Travel Deals’ offices in
New Jersey and Connecticut as well as checks
written by Turner.
“The
State’s settlement sought to protect
consumers by barring Turner from owning
or operating a business selling vacation
packages for at least five years,”
Attorney General Paula T. Dow said. “It
appears that Turner is continuing to operate
such a business, and we will seek to make
certain Turner complies with the settlement
terms.”
After
the filing of the Final Consent Judgment,
the State began its collection efforts,
which included sending an Information Subpoena
to Turner. Turner responded by certifying
that he has no salary, no bank accounts,
no cash on hand and no personal property,
including motor vehicles, of at least $1,000.
The
Division of Consumer Affairs’ investigation
has revealed that a 2011 Land Rover Range
Rover, purchased on March 17, 2011, is owned
by Turner and his wife, Robyn Bernstein;
that a 2001 Ferrari, purchased on April
15, 2011, is owned by Turner and Bernstein;
and that a 2007 Bentley, purchased on April
21, 2011, is owned by Bernstein. The Division
obtained dealership information, which disclosed
that Turner traded in a 2007 BMW 750 and
a 2004 Hummer that he owned to obtain the
Ferrari and Range Rover and that the Ferrari
and Bentley were paid for with checks from
the account of “VIP Executives c/o
Daryl Turner.”
“If
Turner can afford to buy luxury vehicles,
he can pay restitution to those clients
who paid for vacation packages not provided,”
said Thomas R. Calcagni, Acting Director
of the State Division of Consumer Affairs.
“Yet, as of today, Turner has not
paid one cent to anyone and that’s
why we’re going back to court.”
The
State requested a May 20, 2011 hearing date;
the Court has scheduled the hearing for
June 10, 2011.
Deputy
Attorney General Lorraine K. Rak, Chief
of the Consumer Fraud Prosecution Section,
is representing the State in this action.
Investigator Murat Botas is leading the
investigation.
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