By Marley Seaman
The Baldwin Getty, at 869 Atlantic Ave., is accused of both crimes. The New York State Department of Consumer Affairs received a pair of complaints about the station in the last week of September. In one instance, a customer claims to have paid $40 for gasoline, but the pump was stopped at $37. Another said he paid for $20 worth of gas and received only $18 worth.
As a result, undercover agents were sent to the station. In a September sting, an investigator paid for two gallons of 93-octane gas at $3.39 per gallon. According to District Attorney Denis Dillon, laboratory tests showed that the gas only contained the octane of unleaded plus, which cost $3.29 per gallon.
"The station was, in fact, stealing 10 cents a gallon from each customer of premium gas," Dillon said.
In October, another Consumer Affairs agent visited the station and paid $20 for gas. The pump shut down at $18.04.
The corporation that owns the stations, Atlantic Mart Inc., was charged with two counts of misdemeanor second-degree scheme to defraud, one for each incident, and one count of petty larceny. Each carries a maximum fine of $5,000.
A Gulf station on Long Beach Road in Island Park was also visited by an undercover agent. On Oct. 17, the agent asked for premium gas, which cost $3.15. However, laboratory testing indicated that his car was filled with regular gasoline.
"As regular was selling at $2.85 a gallon, the station was stealing 30 cents a gallon from each customer of premium gas," Dillon said. The station was charged with one count of scheme to defraud and one count of petty larceny, and faces up to $10,000 in fines.
David Mirsky, a Mineola attorney representing the station's owner, D&M Gulf S.S., said that the overcharging was the result of an error. "The wrong gasoline was dropped in the wrong tanks" by the delivery company., or that "[They] basically put the wrong stuff in the truck," Mirsky said. "My guy has proof that they ordered premium. ... We know they are innocent of the offense."
Department of Consumer Affairs agents also obtained a sample of gasoline being sold as premium by an Elmont Station, Fast Petro on Hempstead Turnpike. The octane content of the gasoline did not meet premium levels; it was only enough for regular gasoline, which cost 34 cents less. Fast Petro was charged with failing to meet the octane labeling requirements of the Agricultural and Markets Law, an administrative violation punishable by a fine of up to $10,000. Criminal charges were not brought, because station employees refused to sell gasoline to an undercover consumer affairs agent.
The charges were announced by Dillon and Roger Bogsted, Nassau County commissioner of consumer affairs. Bogsted said the two offices were not finished investigating local stations for similar crimes. "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.
Comments about this story? MSeaman@ liherald.com or (516) 569-4000 ext. 282.
