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UPDATE: Judge Stops Alleged 9/11 Charity Scam Artists From Soliciting Donations

Judge says 9/11 truck can be 'seized;' Manahawkin and Tinton Falls men sued for their part in alleged scheme

 

A judge has stopped two men who allegedly ran a bogus 9/11 charity in Ocean and Monmouth counties — and throughout the state — from soliciting more donations.

State Superior Court Judge Vincent Grasso issued an injunction Friday halting Thomas J. Scalgione, 40, of Manahawkin and Mark Anthony Niemczyk, 66, of Tinton Falls from raising funds that were supposed to aid 9/11 victims' families.

Grasso also authorized the seizure of any evidence relating to the investigation, including authorizing the impoundment of a truck that transported a tower piece recovered from the wreckage of Ground Zero to Barnegat last year.

In a statement to the court this morning, The Division of Consumer Affairs' Deputy Attorney General Anna M. Lascurain accused Scalgione and Niemczyk of promoting the bogus 9/11 victims' charity by driving around in the pickup truck, which was painted with the names of first responders who perished.

She said that Consumer Affairs requires that registered charities file paperwork and have a degree of "transparency and openness" in their record-keeping, which, she said, was not followed in this instance. "They used a national tragedy and are profiting from that tragedy," she said.

Scalgione and Niemczyk appeared in court Friday, representing themselves. Niemczyk said he couldn't afford legal representation; adding "I would like to have [a lawyer]."

Grasso noted that since this is a civil proceeding, "I don't know that you'd qualify," to have court-appointed representation. He advised the pair that some attorneys would at least consult with them for free.  

Scalgione claimed he filled out some paperwork to register the charity, and has provided proof, in the form of cancelled checks, to the Consumer Affairs office that some of the funds were distributed to families of 911 victims.

Lascurain noted that in the registration paperwork that was filed, both men failed to disclose the facts that Niemczyk pleaded guilty in 1989 to committing welfare fraud and Scalgione had been convicted on seven counts of criminal acts, including: criminal sex acts; credit card fraud; forgery; and computer related theft.

Grasso froze the charity's assets and permitted the seizure of all documents and materials connected to the charity, including the truck.

Both Scalgione and Niemczyk helped contribute a piece of World Trade Center steel for a monument at Barnegat High School. Through the efforts of resident and Patch blogger Charles Giles and others, the 9-foot steel beam was gifted to the Barnegat Township School district in time for the 10th anniversary of the attacks.

Giles has told Patch he contacted Scalgione to book the truck to pick up a piece of steel from one of the towers and bring it to Barnegat High School for a memorial held there last year, but declined to elaborate further.

Both Scalgione and Niemczyk drove the red pickup truck, which bore the names of first responders who perished in the attacks. Lascurain noted that the truck is currently located at a dealership in Ocean Township where it was being serviced.

A person who answered the phone at the dealership, whom declined to be identified, said that they had been in touch with the Attorney General's Office, but were waiting to hear about the jduge's order before commenting.

According to Patch and MSN file photos of the truck, it bore different logos and license plates at different time periods.

Niemczyk allegedly lied to the people he solicited by telling them he was a former Navy SEAL and a graduate of the U.S. Naval Academy, and at one time had a license plate on the pickup truck reading “N-Seal”. 

Niemczyk and Scalgione also allegedly have been selling T-shirts with New York City Police and Fire Department and Port Authority Police Department logos at 9/11 memorial events since mid-2011 to raise funds for their charity.

The  Attorney General's Office states that both were not authorized to use the logos and that they allegedly also had a collection jug for cash donations when they attended events with the truck.

A number of Barnegat Township residents attended the hearing, including Bill Cox, transportation coordinator for the Barnegat Township School District.

Cox, a former New York City police officer, has raised questions about the operation since seeing Niemczyk’s pickup truck at a World Trade Center memorial service in Barnegat.

"I am very happy with the result today," Cox said.

Related Topics: Manahawkin news

Bill

11:38 am on Friday, August 3, 2012

If these men did this scam, they deserve a special spot in Hell, right near the heater.

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MjZ

12:01 pm on Friday, August 3, 2012

Nice to know that they went around smearing the names of my friends that died. Also nice to know that this guy had sex convictions and he was around our children at the ceremony. Rot in hell losers and to others behind the scenes also involved. These two idiots couldnt have made this truck with the expensive paint, lights etc on it alone if they cant even afford an attorney. Someone was fronting them for sure. I think the court should have rescheduled so that the family and friends of the victims could have our say in court face to face with these..(explicit)....I cant say what I want here it is too bad for some to read.

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butch cassidy

6:24 pm on Saturday, August 4, 2012

omg what is wrong with people? this stuff brings tears to my eyes

DennyD

12:02 pm on Friday, August 3, 2012

Only one word for those two: PATHETIC

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CentralNJMen

1:02 pm on Friday, August 3, 2012

Hey Tommy! You said your were going to clear yourself! What happened? Just like the time you robbed money from people dying from AIDS in the 90's! You are just a criminally insane pathological lier and scam artist. They need to put you away for a long time to protect people in this state from you. You are truly a PATHETIC LOSER.

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Matthew Lightbody Sr.

1:10 pm on Friday, August 3, 2012

They will never come clean... So it is time to send a message that they are bing watched...

God Bless America

1:06 pm on Friday, August 3, 2012

What kind of reporting is this? The Patch blogger Giles is quoted (by the Patch) - "He said he is not being investigated with respect to the bogus collections." Do you think that anyone involved with these dirt bags would tell the truth? Don't you think that the Patch should get the info from an official source and not it's own blogger. The Patch should explain to us what Patch blogger Giles said happened on 9/11/01. The story (if true) is the most incredible tale ever told. Also, his attacks on a well respected Barnegat man here on the Patch makes many of us to doubt that the Patch blogger is a truthful source for anything. God Bless!

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God Bless America

12:51 pm on Saturday, August 4, 2012

@ Smot Revir - The story above is an "UPDATE" as stated. The original Patch story (that I commented on) had the Giles quote I mentioned. The Patch removed this quote from the updated story. Good for the Patch for listening to the comments that are made, and reporting a story based on facts from reliable sources.

CentralNJMen

1:28 pm on Friday, August 3, 2012

I urge everyone to write to the State AG and urge him to file criminal charges against these two.

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1stcav

1:32 pm on Friday, August 3, 2012

DIRTBAGS !!! says it all ....

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John B Taxpayer

2:08 pm on Friday, August 3, 2012

The video has been removed.....

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CentralNJMen

3:14 pm on Friday, August 3, 2012

It is part of the Judge Grasso's order that everything about this bogus charity and the 9-11 Truck be removed from the Internet.

WMS826

2:27 pm on Friday, August 3, 2012

Anyone who states he is a "former navy SEAL" automatically raises a flag with me. I think at this point of the real SEALS showed up in a helicopter in my backyard I'd ask them to prove it. How many times have we heard former Navy Seal in the last 2 years from people.

I wonder if this guy has kids and where they are trying to hide from this shame. I also wonder of these guys are not mentally disabled or mentally crazy to want so much attention.

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CentralNJMen

2:59 pm on Friday, August 3, 2012

From the AG Press Release:
Consumers who believe they may have been defrauded by the defendants should file complaints with the Division of Consumer Affairs. A complaint form is available online at www.njconsumeraffairs.gov and complaints may be registered by calling the Division at 800-242-5846 (toll-free within N.J.) or at 973-504-6200 .

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Tom Davis

3:37 pm on Friday, August 3, 2012

Hi. I do appreciate everybody's in this story but we can't allow people to accuse people of wrongdoing when they haven't been charged or convicted of anything. Please refrain from making such statements in the future. Thanks.

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T.j. Gilmartin

3:49 pm on Friday, August 3, 2012

But Tom they have admitted being wrong and doing what they were charged with !

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Tom Davis

3:53 pm on Friday, August 3, 2012

I'm talking about the references to Mr. Giles. The reporting of the story is it what it is. Right now, only two people so far have been formerly accused of wrongdoing.

God Bless America

4:33 pm on Friday, August 3, 2012

Mr Davis, Giles claims that the North Tower fell on him and he ran out of the hospital the next day. You can view several different versions of his story on Youtube. Since he represents the Patch as your blogger, are you saying that we can not question any of his public statements involving this story and/or his stories about the tower falling on him? Thanks for your input.

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Tom Davis

5:16 pm on Friday, August 3, 2012

You have every right to question. We just don't want anybody charged or convicted in print.

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Matthew Lightbody Sr.

5:20 pm on Friday, August 3, 2012

Mr. Giles claims the north tower fell on him and was burnt 30 to 40 percent of his body and was scrubbed with hard brissle brushed and then he called his boss for a new uniform after they flushed his eyes out and then he changed uniforms and went back to ground zero the sameday where he spent several days digging in the rubble... This is a superman story staight from Giles mouth.... He also claims to have pulled several people out and went to the rescue of a fallen firefighter.. If you want to know more ask me I saw all to get the just of his stories and could not figure out if he was a super hero and went to the phone booth to change...

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Matthew Lightbody Sr.

5:22 pm on Friday, August 3, 2012

Oh yea don't forget his legs were pinned by a steel beam ... and was pulled out by a pap officer This man had a steel beam on his legs and still manages to walk perfectly... and he shows no signs of burns on his back at all....

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Barnegat tax Payer

6:21 pm on Friday, August 3, 2012

His story is constantly changing its a real shame how some people have turned 9/11 into a full time job. I find it disgusting and anyone convicted of fraudulant claims should be locked away for a long time!

MIKE STEWART

4:47 pm on Friday, August 3, 2012

AHHHH, NEW JERSEY SCUMBAGS THAT THE STATE CAN BE PROUD OF... JAIL TIME WOULD BE NICE BUT LIKE ALL JERSEY LITIGATION MONEY TALKS... SCUMBAGS WALK.

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Matthew Lightbody Sr.

11:10 am on Saturday, August 11, 2012

These New Jersey scumbags came from up north to hide in the pines thinking that we would not look into thier backround. Now where do you think these politicians came from in Ocean County and now I can say the one's that vote for them are brain dead!!!

BeyondReality

5:26 pm on Friday, August 3, 2012

You know how you know someone is not a Navy Seal??? When they go around telling everyone they were a navy seal.

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P

6:25 pm on Friday, August 3, 2012

I cant believe these two dirtbags.. I lost a great friend on 9-11 and these DISGUSTING people are taking the "donations" you know what im pissed right i want to drive to manahawkin and knock on this guys door and have a "talk" with him. I hope you get on this site and read this cause im going to look for you around town you piece of crap....

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make my day

8:25 pm on Friday, August 3, 2012

How do these scumbags sleep at night? To make money off the backs of all 9/11 innocent victims is dispicable! Then to claim he's a Navy Seal falsely is a smack to REAL Heros that serve our country every day. Put them both in the slammer and throw the keys away

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Matthew Skalski

7:21 am on Saturday, August 4, 2012

My cousin is a Navy Seal, it is not something that he discusses with anyone.

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john

7:47 am on Saturday, August 4, 2012

one word..............LOSERS...........

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Bella

11:25 am on Saturday, August 4, 2012

I NEVER, ever EVER give money to some one just sitting around w/ a jug or bucket, even the Salvation Army. I never know where the money is going and now this confirms it.

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HELP..

7:49 pm on Saturday, August 4, 2012

its sad about these scams that you have to be concern when you see someone collecting for any charity's ..AND thats sad because the real one's suffer for people being scared..These guys should be buried ..and I hope they pay back for what they stole ...

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Chuck Clayton

9:43 pm on Saturday, August 4, 2012

These two scumbags will never pay back a dime .they need too rot in jail especially the phony seal.hes been telling people he was a seal for 25 years.he can't even lie rite he said he graduated from the naval academy in 1953,and he is66 means he was 8 when he graduated nice try jo

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Susan McDermott

10:13 pm on Saturday, August 4, 2012

There is so much more to this story, I look forward to the full reveal. Huge kudos to Bill Cox, Corinna Cox, TJ Gilmartin (among others) for your untiring efforts to expose the truth. I'm so glad to have met you & honored to help in any way I can.

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Matthew Lightbody Sr.

8:17 pm on Sunday, August 5, 2012

Sue your welcome but my name is Matt and as you see they are my findings used by others... Just say.. No big deal..

Berkeley Lifer

11:17 pm on Saturday, August 4, 2012

Dump both these scumbags on the border of Pakistan and Afghansitan and let nature run it's course!

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Matthew Lightbody Sr.

12:16 am on Sunday, August 5, 2012

and the plot thickens because the proof he had was a letter from a friend he was there... and the boss confirmed he called giles who was dispatch from his home not on the road while he was working... He just came back from vacation... Now seen the article of miracle at christmas for 911 victims and the first person making statements I wonder who the friend was... It is funny in an article he even states he just came back from vacation and was called to work... I wonder can one keep up his lies...

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Matthew Lightbody Sr.

12:19 am on Sunday, August 5, 2012

now look at the ocean county court records and it shows he sold his home making a $40,000 profit and all these donations how is one in such need of more money? I am not done yet because i have more information i am going through.. and it gets better all the time... and some of the you tube interviews and paper work was deleted... I WONDER WHY.... CAN YOU GUESS? i HAVE BEEN DOING THIS FOR YEARS AND I FINED MORE AND MORE.... OH BOY MR.X ARE YOU READY TO TELL THE TRUTH????

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Mac

6:42 am on Sunday, August 5, 2012

Wow! Are you saying that Mr. Dasti, the attorney for the Barnegat Township Committee who represents the law firm of Senator Connors of the 9th District, was involved with Mr. Giles during the time Mr. Giles was selling his home for a $40,000 profit and publicly accepting donations from Barnegat residents and organizations?

F.Lee

2:50 am on Sunday, August 5, 2012

I would ask that all those affected by the 9/11 attacks please post this and other articles about this case on any of your Social Media pages.. This will get the word out so perhaps if something like this is occurring elsewhere it may enlighten people to some peoples definition of charity. Also if they wish invite them to post comments on this thread or others. Let the people who have been involved in these scams know they although people may not physically be able to attend a trial, they have a voice which they can use by way of the computer.

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T.j. Gilmartin

6:38 am on Sunday, August 5, 2012

And Matt Lightbody , I tip my hat to you !

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Denise S

8:17 pm on Sunday, August 5, 2012

My husband is a 9/11 survivor...my cousins and uncles all part of the rescues and friends that were lost that day....this is not excusable. The only reason I ever bought shirts & made donations was because the sceme was so believable at first....it began to become clear some time ago that something was sketchy & not right

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Matthew Lightbody Sr.

9:50 pm on Sunday, August 5, 2012

I have so much more to reveal as for I have been doing this for years. I tried to get it out there but it is against patch rules. I have an agreement with Mr. Davis to keep it to the rules of the patch and I will respect our agreement. I have uncovered more information that will shock other and If you are interested please contact me via facebook message or e-mail me at therevenger1140@aim.com. And I will do my best to get it to you all. Thank you Mr. Davis

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Mark Story Jenks

9:50 pm on Sunday, August 5, 2012

Some people will stoop real, real low in order to make a fast buck. It might be a good idea to let the people from CBS's "60 Minutes" or some other investigative program, to take a look at these two shady characters.

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Matthew Lightbody Sr.

10:47 pm on Sunday, August 5, 2012

Mark I went to help me howard and 60 minutes and all the stations these men did interviews with years ago to present about the scam and they thought I was picking on true heroes. I wrote the post and app and made comments on here only to be fallen on deaf ears. People can tell you I have been commenting on a certain person on here and looked up the criminal records of the ones caught and brought it to the attention of these people and still nothing. it was like I was making it up. I went over and over every you tube interview and paper article and saw and read different stories of the event told everytime taking notes and now I found other sites that do the same. I went to the NY post Sue edlemen I think that's how you spell it and called the NY mayors office when the mayor that was there during 9/11 to present.. NY justice office and was told to call 311 to get nowhere. This could have been stopped sooner if only they would have listen to me then and now. You see action was taken but not given.

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barbara

8:57 am on Tuesday, August 7, 2012

good for you matt, just so sad you were ignored......wonder what their next scam will be? at least our tried. shame on them for not following up.

Mark Story Jenks

8:57 am on Tuesday, August 7, 2012

Matt, I'd like to help you with this if it's not too late. I never bought a shirt from them, or made any donations to them. But I wonder how many people did?

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Matthew Lightbody Sr.

5:58 pm on Tuesday, August 7, 2012

mark you can call me or e-mail me I am not at liberty to discuss somethings on here do to and agreement with Tom Davis and I want to honor that.. The last time I did this I was banded from commenting and I want to keep my rights.. My cell is 609-713-3665 or e-mail therevenger1140@aim.com. Thank you ...

CentralNJMen

8:57 am on Tuesday, August 7, 2012

Tommy S is a well known scam artist in central NJ in the 90's and was banned from social groups were he preyed on older men who he gained their confidence and then stole and defrauded them. He is a smooth talker and never worked a day in his life. At one time lived out of his car and drove around looking for older men who he asked to take him in. He was also in Philly as well doing the same thing. He has not changed in all these years and clearly his performance in court was one of total denial which is his normal behavior when caught. He has lived in Manahawkin as this is where his parents reside, but he has also resided in Howell in the past.

He does computer fraud as well, but his primary MO is to use and defraud older men. I do think that Tommy used this older man to carry out his fraud and this man trusted him and gave him control over the money. Tommy was smart and the bank accounts were NOT in his name. His partner was a simpleton as I could see on the Channel 2 interview and Tommy took advantage of this.

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Theresa Brown

7:49 am on Tuesday, November 27, 2012

Two front row spots in the down under.

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