Owners of Unlicensed Vocational School Permanently Banned from Operating or Working in Vocational or Practical Nursing Schools
Defendants to Pay $279,323 in Restitution, Penalties, & Reimbursement of Costs and Fees
NEWARK — The owners of the Comtrain Institute in East Orange have been permanently barred from operating, owning or working for a vocational school or practical nursing school after a state Superior Court judge found that they offered practical nursing courses without being licensed, Attorney General Stuart Rabner and Acting Consumer Affairs Director Stephen B. Nolan announced.
Judge Kenneth S. Levy found that Comtrain owners Luc Gayot and Donald H. Mintz violated the state’s Consumer Fraud Act and the Nurse Practice Act by repeatedly and flagrantly misrepresenting to students that Comtrain was licensed to teach practical nursing courses.
“Students who tried to pursue a career in nursing instead wasted their money and many hours studying in an unlicensed program – and therefore couldn’t even sit for their licensing exams,” Attorney General Rabner said. “Because of the misrepresentations that Comtrain made, the defendants will reimburse all students who participated in the state’s litigation their tuitions.’’
The Final Judgment requires Comtrain to fully reimburse all 32 students who were party to the state’s lawsuit for all tuition and fees paid. Over 100 students attended Comtrain’s unlicensed practical nursing program.
Specifically, the Final Judgment:
permanently bars the defendants from operating, owning or working in any way for a vocational school or practical nursing school;
requires the defendants to pay $95,585 in consumer restitution;
requires the defendants to pay $65,000 in civil penalties;
requires the defendants to reimburse the State for its costs and charges in the total amount of $30,000; and
requires the defendants to pay $88,738 in attorneys’ fees.
“This case is one of the more egregious examples we have seen of unprincipled individuals taking advantage of students trying to obtain an education,” said Acting Consumer Affairs Director Nolan. “By permanently barring them from ever opening or working in a vocational or nursing school again, these defendants will no longer be able to prey on students who are pursuing dreams of a noble and rewarding career.”
The Attorney General’s Office and Division of Consumer Affairs filed suit in December, 2004 against the school and its owners for allegedly operating an unlicensed nursing program. The defendants allegedly charged students between $5,025 and $10,000 to enroll in the program and repeatedly made misrepresentations to the students about their eligibility to sit for a national nursing exam and become licensed practical nurses upon their completion of the program. The State’s complaint alleged violations of the State’s Consumer Fraud Act and Nurse Practice Act.
Comtrain was previously licensed by the State Department of Education to provide private vocational education services in the areas of, among other things, mortgage lending, Microsoft applications, networking, keyboarding, paralegal, computer repair, medical billing and accounting. However, Comtrain was not authorized by the Board of Nursing to operate a practical nursing program. Comtrain is no longer licensed by the State Department of Education as a vocational school.
The defendants in this case are as follows:
-Comtrain Inc., of 55 Washington Street, East Orange;
-Luc Gayot of Newark, owner, majority shareholder, director and registered agent of Comtrain;
-Donald Mintz, Esq., of East Hanover, an attorney who also serves as an owner, shareholder, administrator and student advisor of Comtrain.
Deputy Attorney General Brian Brennan represented the State in this matter. Deputy Attorney General Ginger Provost represented the New Jersey Board of Nursing in this matter.
Students who have been affected by the defendants’ activities may contact Consumer Affairs’ Consumer Service Center at 800-242-5846 (if calling from within the State of New Jersey) or 973-504-6200.
### |