MINEOLA, N.Y. -- Nassau County District Attorney Denis Dillon and Nassau County Commissioner of Consumer Affairs Roger Bogsted announced yesterday the filing of criminal and administrative charges against three gas stations in New York. The stations are accused of cheating consumers in two different ways: overcharging for gasoline and octane fraud for providing a lesser grade at the premium price.
A Getty station, dba Atlantic Mart Inc., Baldwin, has been charged with three criminal violations. As the result of the overcharging, it is charged with scheming [image-nocss] to defraud in the second degree, a Class A misdemeanor. In addition, as a result of the octane scam, it is charged with an additional count of scheming to defraud in the second degree and one count of petit larceny, also a Class A misdemeanor.
"Consumer Affairs received several allegations that the Getty station was overcharging customers, said Dillon. Thecustomer would ask for a certain dollar amount of gas, and the pump would be shut off several dollars short of that amount. Consumer Affairs received two specific complaints that a customer sought $40 worth of gas and the pump was shut off at $37, and that a customer sought $20 worth of gas and the pump was shut off at $18. Based on this information, my office conducted a sting at the station. An undercover [investigator] was sent to purchase $20 worth of gas; when the pump read $18.04, it was shut off by the attendant who took $20 and provided no change. Undercover video confirmed the overcharging in this case."
He added, "An investigator went into the same Getty station to purchase premium 93 octane gas," Dillon continued. "The investigator purchased two gallons at $3.39 a gallon. The gas was sent to a lab that identified that it was only 89.8 or unleaded plus which was selling at $3.29 a gallon. The station was, in fact, stealing 10 a gallon from each customer of premium gas."
A Gulf station, dba D&M Gulf, Island Park, has been charged with one count of scheming to defraud in the second degree and one count of petit larceny, as a result of the octane scam.
An undercover [investigator] visited the stationto purchase premium gas at $3.15 a gallon. He purchased two gallons of gas, a sample of which was sent to a lab for testing. It tested at 86.3 octane, or regular level. As regular was selling at $2.85 a gallon, the station was stealing 30 cents a gallon from each customer of premium gas, said Dillon.
And a Fast Petro station, dba Express, Elmont, has been charged by Consumer Affairs with a violation of the Agricultural & Markets Law under its octane provisions. The station refused to sell gas to our undercover after field tests by Consumer Affairs showed a possible violation; a sample obtained by Consumer Affairs was tested and showed that the alleged premium gas was only 88.1 octane. The difference between premium and regular gas was 34 a gallon, Dillon said.
The stations face criminal fines up to $5,000 per charge, or the higher of double the amount of the corporation's gain from the commission of the offense.
"When the price of gasoline rose to such high levels we suspected the possibility of fraud," said Dillon. "Our investigation confirmed our suspicion that some gasoline retailers compounded the price increases by defrauding the consumer. I consider protecting the residents and consumers of Nassau County one of my most important obligations. Together with the Department of Consumer Affairs, I will be proactive in investigating the marketplace to ensure that criminals do not add to the already large financial burden that Nassau taxpayers face."
"We are here to help and protect the consumers in Nassau County. We will continue to closely monitor gas stations with an eye towards full prosecution of those caught picking the pockets of our motoring public," said Bogsted.
The defendants are presumed innocent until and unless proven guilty, Dillon's office said.
Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.