NEWARK, NJ (May 20, 2011) – The State of New Jersey 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.
SOURCE: State of New Jersey Office of the Attorney General