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Prosecutor urges Energy Wise customers to contact AG’s office
YOUNGSTOWN
Anyone impacted by the shuttering of Energy Wise Home Improvements, a local contracting firm that surprised customers by going out of business, should contact the Ohio Attorney General’s consumer protection division.
That’s the advice from Mahoning County Prosecutor Paul Gains.
Complaints about the Youngstown-Poland Road-based contractor have been rolling in this week to the local chapter of the Better Business Bureau, local police departments and Ohio Attorney General Mike DeWine’s office, as well as local media members.
Three more people filed criminal complaints against the company in Austintown and Boardman on Wednesday.
During a news conference Wednesday, Gains outlined the actions he recommends Energy Wise customers take.
“All complaints, whether work was performed or not, should be made to the Ohio attorney general, who will investigate it. If no work has been performed but money has been paid, then I want those people to contact their local police departments – that would be where the contract was entered into,” he said.
To file a complaint with the AG’s office, call 800-282-0515 or visit OhioProtects.org.
Gains cautioned it could be difficult to meet the criteria for a criminal case, which requires evidence the contractor intended to defraud customers.
“We have to prove that when he came to your house, he had no intention whatsoever of performing any work,” Gains said.
If some work was performed, it likely is not a criminal case, but could be pursued via civil action.
If customers paid Energy Wise and no work was completed, however, he said that could be grounds for a criminal case.
“Where no work was performed, that is good circumstantial evidence that there was intent to defraud, and we will certainly look at that with an eye toward criminal prosecution,” he said.
Gains also encouraged affected customers to contact their personal attorneys and to file a complaint in small claims court, which could result in a judgement in the customer’s favor.
If Energy Wise files for bankruptcy, Gains said customers should attend the creditors’ hearing that would take place in bankruptcy court.
“Then, the owner of that company would be placed under oath and subject to cross-examination by creditors in the bankruptcy court,” he said.
Gains also offered some suggestions for working with a contractor. He said customers should never pay the company up front for the work, but instead should set up an escrow account the contractor can draw down on as the project progresses.
“We will make every effort to make people whole again. The attorney general has given me his word on that, and our office will certainly participate,” Gains said.
Ohio Secretary of State records indicate Energy Wise registered as a corporation in May 2001, with owner Anthony J. Porrazzo listed as the company’s statutory agent. A document filed with the secretary of state Tuesday changed the company’s statutory agent from Porrazzo to C T Corporation System, with an address in Columbus.