New Haven Independent: Third Towing Scrape Detailed

Third Towing Scrape Detailed

by Melissa Bailey | April 24, 2008 4:48 PM | Permalink | Comments (16)

A state marshal under fire in a city towing scandal allegedly dragged a taxpayer’s car 30 feet and forced entry with a slim-jim before realizing there were no taxes due.

The high-temper clash in February 2007 is the third incident the Independent has learned of in which State Marshal Peter Criscuolo (pictured) has come under official scrutiny for his behavior while towing cars for the city’s Plate Hunter program.

The plate-scanning program, whereby marshals tow New Haveners’ cars for delinquent taxes and parking tickets, has been put on hold after the Independent revealed Criscuolo called off a tow on a car owned by a prominent mayoral ally.

The latest towing scrape was revealed in an Independent review of the disciplinary records of the four state marshals who perform lucrative work for the city’s aggressive towing program.

Frank J. Distante filed a complaint with the State Marshal Commission, which is responsible for hiring and disciplining state marshals. The complaint was heard at a disciplinary hearing before the commission in November 2007.

Distante, of Lexington Avenue in Fair Haven Heights, was near his car on Feb. 27, 2007, when a towing crew came to snatch it. Here’s what happened, according to a commission report:

Criscuolo and an unnamed towing company showed up to take Distante’s car for overdue taxes. Distante protested, claiming he had already paid his taxes two weeks before.

Criscuolo and the towing company “forcibly entered his car with a slim-jim bar and towed it about 30 feet before leaving it, after discovering no taxes were due,” Distante alleged. Criscuolo identified himself by only his badge number, Distante claimed.

After the gas fumes cleared and the towing trucks carried on their hunt, Criscuolo “tried to improperly influence [Distante] in a telephone conversation about the matter after the incident,” according to the report.

Enraged over the incident, Distante fired off a missive to the state attorney general’s office, which passed along the complaint to the State Marshal Commission. Distante “expressed great dissatisfaction with the City of New Haven, the police response and the Respondent [Criscuolo],” the report said.

Reached Thursday, mayoral spokeswoman Jessica Mayorga said the city has no record of the incident.

Following the complaint, Criscuolo came before a subcommittee of the State Marshal Commission for a disciplinary hearing. The Cause Assessment Committee heard both sides.

Criscuolo told the committee he was indeed on the scene, acting on a job through the city tax collector office. The car was dragged 30 feet, but then because of turned wheels, the towers needed to get inside the vehicle. “There was no choice but to open the door themselves.”

Criscuolo originally thought he had a valid tax warrant, but “after listening to Mr. Distante’s claims of having paid the taxes,” he double-checked with the city and found out “a mistake had been made and no taxes were owed.” The car was released undamaged, Criscuolo testified.

The marshal claimed he tried to explain the mistake. He gave his badge number and department name to Distante while the infuriated taxpayer “continued to yell at him.”

Criscuolo admitted he later called Distante by phone from the tax collector’s office, and “had a conversation about the matter regarding Distante’s parents.”

What did Criscuolo’s intend by calling Distante after the incident? The report doesn’t say. The report merely states the marshal denied saying anything “inappropriate” in that call.

After hearing both sides, the Commission concluded the clash was a natural eruption caused by a mistake on city tax records. Both sides “were placed in a difficult position because of the mistake made on whether or not taxes had been paid,” the cause committee decided.

“While it would have been better if the issue of the tax payment was resolved prior to the towing, the Respondent [Criscuolo] did act on Mr. Distante’s objections and discovered the mistake,” the report reads.

The commission found that “the situation created tension,” but “that the record did not reflect that the Respondent [Criscuolo] acted unethically in towing the vehicle or in later conversations with Mr. Distante.”

Agreeing with a recommendation by its disciplinary subcommittee, the State Marshal Commission voted to dismiss the complaint.

Prior Case

While Mayorga, the city spokeswoman, said she was not aware of this case, she did provide additional clarification on a prior towing scrape. The matter concerned a yelling match between Criscuolo and a woman on Pardee Street in February 2006. (Click here and scroll down to read about it.)

Asked earlier this week, Criscuolo denied the city’s claim that he was suspended from the towing program for the “verbal confrontation.”

Mayorga clarified Thursday: “He can’t be suspended or fired because he doesn’t work for the city,” she explained. Marshals are independent contractors. But after the fight with the woman, the city “made the decision not to use him for the rest of the period” of Plate Hunting (then called “Bootfinding”) action.

The Plate Hunting season runs from January to May. Criscuolo was taken off the cycle after the February clash and received no city work during March, April or May 2006, Mayorga said. When the next towing season rolled around in another four months, the city was satisfied that Criscuolo had “promised” to be on good behavior and would not get into confrontations again.

Another Prior Dispute

The Distante dispute was not the first time Criscuolo got into a dispute with a taxpayer because of a city screw-up on tax records. Here’s what happened another time, according to Mayorga:

A couple months ago, Criscuolo was assigned to collect taxes from the owner of the C-Town Supermarket in Fair Haven. Criscuolo showed up on the premises to collect the bill. The owner, Alex Paulino, said he’d already paid the taxes. Criscuolo succeeded in getting Paulino to pay the bill again, in the amount of $5,000. Included in that fee was a 15 percent commission for Criscuolo.

After the visit from the marshal, C-Town went to the tax collector’s office to contest the bill.

“Unfortunately the assessor office made an error,” Mayorga said. The company had been charged twice for the same property. C-Town was reimbursed and Criscuolo voluntarily gave back his commission fee, Mayorga said.

Previous coverage of New Haven’s towing industry:

Clergy “Exemption” Detailed

New Towing Probe Sought

$200 For 4 Hours

Towing Program Halted

Kimber Gets Off The (Towing) Hook

“We’re Not Double-Dipping”

Alvin Goes For The Chevy

Towing Co. Ducks Tax Bill

Comments

Posted by: Edward_H | April 24, 2008 5:45 PM

Does the city really need to use this [guy]? Are there no other marshals willing to do this work?

Posted by: Bishop Baloney | April 24, 2008 7:00 PM

This Criscuolo guy must be a relative of Billy White

Posted by: Robert Clemens | April 24, 2008 7:04 PM

This also happened to myself last summer, but I didn't file a report. However no state marshal was present. At about 3am in the morning I heard the towing alarm on my car sound and I rushed outside to find my car in the middle of the street and no tow truck (I had paid my taxes weeks before.) About an hour later the towing company showed up again (after I had phoned the police) and tried to tow the car. Only after I produced a paper receipt showing that I had paid the taxes did the tow truck release my car (again in the middle of the street) and leave me be. I understand the city's desire to collect taxes, but this tag towing thing is very broken.

Posted by: Raised Eyebrows | April 24, 2008 8:49 PM

How much has the city paid out to state marshalls for collecting outstanding tax bills?

Frankly a 15% commission seems absurd just for someone to show up at C-Town to demand payment for an outstanding tax bill. That's like what, $600-$700 for an hour's work?

Given the political positions and connections of so many of these sheriffs, it sure takes on the appearance of payola.

Posted by: bugupit | April 24, 2008 11:19 PM

This shows the inherent corruption of putting profit motive into public activities. Essentially, the City has privatized this collection effort. I don't trust that frickin computer/camera when the guy using it makes money if it says "Tow This One" it is inevitable the err will be on the side of tow.

As an aside, about 14 months ago, I got a call and a letter from a collection agency representing the City of New Haven. The tax in question had been paid about three years before, and the supposed overdue tax had not appeared on my tax bills the following two years. The human I spoke to at the Collector's office checked the system, said I was clean, said don't worry about it (a collection agency!) but gave me no printed confirmation. Luckily, I have not heard from them again.

Posted by: jeffreykerekes | April 25, 2008 7:07 AM

How many strikes until you're out?

Posted by: joey | April 25, 2008 8:45 AM

Just fyi bugupit the driver gets paid hourly so if makes no difference wheather he tows one car or 21 cars he still gets the same pay.

Posted by: In The Hood | April 25, 2008 10:07 AM

The examples in this story, are clearly a reflection of the tax office's culture of disdain and disrespect for taxpayers. Everyone connected to the New Haven's tax office-- starting with the tax collector himself need SIGNIFICANT professional development in customer and community service.

NHI should conduct a survey of taxpayers who have to deal with that office and get more hard facts on the nightmarish disrespect in which those people deal with the public-even when you're there to pay.

Collecting taxes should not be reduced to this uncivilized and outright mean behavior towards New Haven residents. Clearly this behavior has been sanctioned as complaints have been ignored or dismissed.

Posted by: Suburban Guy | April 25, 2008 10:20 AM

What Marshall wants to do the job? This job isn't the safest job around. These city tax or should I say no tax payers are at time quite combative, abusive and down right rude!! Also at times, it isn't that safe! People now a days don't respect the badge let alone most authority figures or for that matter symbols. I think you should give the guy(s) a break. People are connected in any type of profession. Whether is political or religious. People do favors every day. No one is an angel here. Too many people focus on such minor things, because there isn't anything else to focus on. Why don't some of your folks go into a neighborhood and try to collect those precious taxes, no matter what neighborhood it may be, and see how much FUN, it is when someone comes running out saying you not taking my car... Btw..have a nice day.

Posted by: THREEFIFTHS | April 25, 2008 12:14 PM

Suburban Guy
Is not the law to be equal enforced? If you are going to tow my car for non-payment of taxes,Then
The rev boise kimbo car should have got tow!!! Being connected political and religious is no excuse to be give a free pass.BTW.. Is this marshall a friend of yours.

Posted by: New_Haven_Resident | April 25, 2008 12:41 PM

This happen to my brother last year. As they were trying to tow his car they almost hit my mother's car that was parked in front of my brother. Then they complain if one of them get run over. On top of that his taxes were paid a week before all this happen. Now what is DeStefano going to do about that. Is he going to let it go by just like all the other "MISTAKES" that comes from "IN HOUSE"

Posted by: Alex | April 25, 2008 12:56 PM

Again - Why are we using marshalls instead of city employees over whom we have better, direct control? The Taffic and Parking people have cars towed everyday and are more experienced.

Posted by: Suburban Guy | April 25, 2008 6:55 PM

Threefifths..
It doesn't matter if that Marshall is my friend or not, but lets face it anyone in a position of authority is under a microscope whether is good or bad, someone will find something to say. As as for law being equally enforced...Do you think the law is equally enforced??? Not just here, but anywhere?? I didn't think so. Let me also ask you a question, if the Marshall was to tow your vehicle, would you willingly allow your car to be taken away? or would you try to reason with the marshall promising to go pay your taxing tomorrow?? Life isn't fair, if it was...then we would be living in a Utopian Society. Wouldn't that be nice. But once again, everyone has had a favor or two done for them in their lifetime...The ones that are not complaining are the ones that haven't gotten caught...

Posted by: In The Hood | April 26, 2008 1:02 PM

Suburban guy makes good points about the reality of life. This all would not have been so intensively criticized if there was some degree of transparency about discretion and if the the tax collector, his employees and pseudo tax collectors, AKA-state marshals were not so ridiculously nasty to city residents all around.

Posted by: THREEFIFTHS | April 26, 2008 4:53 PM

Suburban Guy
It seems under king john that all who are connected to King John have had a favor or two done for them!!! My point Is if you are going to enforce the law to collect taxes than it should
be done by the rule,Not on who you know.Second it seems to me that this marshall record is not that good.Let me ask you if it was you car next to rev.kimbo that day and the marshall was towing you car and you saw him let the rev car off the hook i bet you would be upset And be the first to file a complain!!!

Posted by: Suburban Guy | April 28, 2008 3:49 PM

Threefifths..
The law isn't fair, so don't get me started on that issue. The point of the matter is that everyone in their lifetime has had favors done, so fairness is basically out the door and your correct, if I saw them not taking his car but mine, of course, I am bound to bitch about it. But once again...LIFE ISN"T FAIR...So in turn, Live your life by the law, pay your bills, and you can avoid incidents like this. Oh, and by the way...people should mind their business and worry about themselves. As I mentioned earlier...the people that complain are the people that have gotten caught...Plain and simple.

New Haven Independent

Third Towing Scrape Detailed

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