In the Matter of the Complaint Against COMMERCIAL INDUSTRIAL SUPPLY COMPANY 288 Littleton Road Chelmsford, MA 01824-3361 BAY STATE POWER LIGHT & SUPPLY 288 Little Road and BAY STATE CORP. Box 259 Chelmsford, MA 01824-0559 S & S DISTRIBUTORS 310 Franklin Street Box 351 Boston, MA 02110-3108 P.S. Docket No. 11/165; P.S. Docket No. 11/166; P.S. Docket No. 11/167; 11/29/83 Cohen, James A., Dicus, Carroll C. Jr. APPEARANCE FOR COMPLAINANT: H. Richard Hefner, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260-1112 APPEARANCE FOR RESPONDENT: Anthony P. Mondello, Esq. Mondello & Mondello Zero Governors Avenue Medford, MA 02155-3007
On October 26, 1983, Complainant filed a Petition for Supplemental Order alleging that Respondents are evading or attempting to evade the provisions of False Representation Order Nos. 81-177, 81-179, 81-182, 82-133 and 83-121 by conducting a scheme which is the same or similar to that which led to the issuance of the Orders. According to Complainant, Respondent, using the name S & S Distributors of Electrical Products at One High Street, Suite 111, Medford, Massachusetts 02155-3807, continues to seek remittances by means of solicitations in the guise of bills or invoices for light bulbs neither ordered nor delivered. In support of its contention Complainant has attached to the Petition an affidavit of a Postal Inspector, five invoices and an application for delivery of mail through agents.
Respondent has filed a timely reply in which it denies the allegations made in the Petition and affirmatively alleges that criminal indictments supported by an affidavit of the same Postal Inspector have been dismissed, that it is being harassed by the United States Postal Service, and that as a result of such harassment it is discontinuing its business. While Respondent has denied any wrongdoing it has not submitted any supporting documentation or requested, or shown cause why, a hearing should be held. Accordingly, the matter is decided on the record presented.
Although some or all of the attachments to the Petition may not be sufficient to support a criminal indictment, they do establish a prima facie case in support of the issuance of a supplemental order. Respondent's denial of the allegations of the Petition and its assertion of harassment do not persuasively rebut this prima facie case. The attachments establish that invoices seeking remittances to S & S Distributors of Electrical Products, One High Street, Suite 111, Medford, Massachusetts 02155 were received by the Holy Name Jesus School in early August, 1983, and the Cushing Academy in early August and October, 1983 (Hazel Aff. & Atts. 1, 4 & 5). Neither organization ordered or received the merchandise referred to in the invoices (Hazel Aff. & Att. 4).
Mail addressed to S & S Distributors of Electrical Products is received by Stephen L. Salvatore, the operator of the businesses against which the prior False Representation Orders were issued (Hazel Aff. & Att. 6; See P.S.D.'s in this matter dated July 21, 1983 & Sept. 23, 1982). The invoices bearing the name S & S Distributors of Electrical Products are substantially the same as the invoices previously used by Mr. Salvatore to obtain remittances under other business names and at other addresses and which were found to be solicitations in violation of 39 U.S.C. ??3001 & 3005 (Hazel Aff. & Atts. 2, 3; Atts. to Motion for Recon. of Pet. for Supp. Order dated June 3, 1983; See P.S.D. in this matter dated Sept. 23, 1982 & Evd. in support thereof).
On the record presented it is concluded that the invoices bearing the name S & S Distributors of Electrical Products are solicitations in the guise of invoices for merchandise neither ordered nor delivered. By the use of these solicitations, Respondent, Stephen L. Salvatore, is evading or attempting to evade the provisions of False Representation Order Nos. 81-177, 81-179, 81-182, 82-133 and 83-121. Accordingly, a supplemental False Representation Order against Respondent under the name and address alleged in the Petition is being issued with this decision.