Pa. A.G. seeks to compel contractor's cooperation with subpoena in consumer protection investigation

By Jon Campisi | Feb 7, 2013

The state Attorney General’s Office is asking a judge in Philadelphia to compel an Allentown businessman to comply with a subpoena that was issued to the man in connection with an investigation into claims of consumer protection law violations.

Deputy Attorney General Sarah A.E. Frasch filed the motion to compel Jan. 30 at Philadelphia’s Common Pleas Court.

Frasch, who works in the Bureau of Consumer Protection at the Attorney General’s Office, wrote in her filing that Alfredo Riviera has failed to answer a subpoena that was hand-delivered to him in mid-December that directed Riviera to produce documents and information relating to an investigation by the Attorney General’s Office into allegations that Riviera’s company, Alfredo’s Contracting, engaged in violations of the Unfair Trade Practices and Consumer Protection Law.

The subpoena had directed Riviera to produce the documentation by Jan. 9 of this year and to appear at the Attorney General’s Office in Philadelphia on Jan. 23.

Riviera, however, failed to produce the subpoenaed information and he never showed up at the office as directed, the motion states.

“The Commonwealth provided Respondent with a reasonable amount of time and opportunities to comply with the request,” the motion reads. “As of today, Respondent has not complied with the subpoena.”

The motion states that Riviera’s refusal to comply with the subpoena is grounds for the court to order the man to pay the commonwealth the costs of filing the civil action.

The motion was mum on substance, only to state that the Attorney General’s Office’s Bureau of Consumer Protection is investigating Riviera’s company after having received complaints alleging violations of the Consumer Protection Law.

The filing asks the court to issue an order requiring Riviera to fully comply with the subpoena and furnish to the commonwealth all documents requested within 10 days from the date of the court order, and requiring Riviera to appear at the Attorney General’s Office to testify about his business practices no later than 20 days from the date of the court order.

A copy of the subpoena was attached as an exhibit to the motion.

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