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

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 J. 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.

The two drove a truck that transported a tower piece recovered from the wreckage of Ground Zero to Barnegat last year — to serve as a memorial for those who died. The truck is now at the center of the alleged scam.

The state Attorney General's Office has 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.

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

Scalgione and Niemczyk appeared in court Friday, representing themselves and not saying much. Niemczyk said he couldn't afford legal representation; Grasso strongly recommended that he find some.

The Attorney General's Office has sued Scalgione — who has had a long history of theft and sex offense convictions — and Niemczyk for allegedly operating an unregistered charity. The two 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, but the state has since impounded it. According to Patch and MSN file photos of the truck, it bore different logos and license plates at different time periods.

Giles said he was "appalled" and shared the outrage expressed by many in the Patch comments section about the apparently bogus collections. He said he is not being investigated with respect to the bogus collections.

The attorney general's office has requested that the court order the immediate impounding of Niemczyk's pickup truck to stop soliciting donations from the public, Attorney General Jeffrey S. Chiesa said in a release.

“The alleged actions of the defendants is an affront to everyone who remembers the fallen and to the family members who continue to endure pain from the lives that were lost among the first responders at the World Trade Center,” Attorney General Chiesa said. “It is beyond comprehension that anyone would try to profit themselves under the guise of collecting donations to help the surviving family members of the fallen emergency responders.”

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 pleaded guilty in 1989 to committing welfare fraud.

Scalgione allegedly claims to handle public relations for truck appearances and has several criminal convictions, including theft, forgery, fraudulent use of credit cards and possession of an emergency communications receiver during the commission of a crime, according to the release.

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 release 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.