UPDATED: Thursday, September 29, 2011 --- 8:00p.m.

From the Attorney General's Office:

MADISON — Attorney General J.B. Van Hollen announced today that an enforcement action brought by his office against Madison-area locksmiths has resulted in a consent judgment against Madison Locksmith, LLC and its owners, Joshua Burlin, of San Diego, California, and Shachar Elharar, of Madison. The judgment imposes penalties and costs of $35,000, which will increase to $50,000 if the defendants fail to comply with the judgment. The judgment also prohibits the defendants from engaging in deceptive conduct in the future.

The state filed this action in July 2010 after an investigation by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). The lawsuit alleged that Joshua Burlin and Shachar Elharar, as the owners and operators of Madison Locksmith, LLC, engaged in a variety of false and deceptive advertising to promote their locksmith business. These practices included the following:

• using numerous business names and false addresses in their internet advertising;
• posting phony positive consumer reviews of defendants’ own businesses and negative reviews of defendants’ competitors; and
• misrepresenting to customers that their locks could not be opened and had to be drilled out and replaced, at substantial additional expense.

The defendants previously operated a retail business under the name Mad City Locksmith at 825 East Johnson Street in Madison. Additional business names allegedly used by the defendants include:

Crazy Larry’s Auto Unlockers 007 Locksmith
Crazy Larry’s Locksmith Service A aa Madison Locksmith
24/7 Locksmith AAA Madison Locksmith
24 Hour Emergency Locksmith Affordable Twenty Four Hour Locksmith
24 Hour Fast Locksmith A aaaaaa Paramount Locksmith
Express Locksmith Madison AAA All Day All Night Locksmith
Middleton Locksmith Madison Locksmith Express--24/7 Service

The judgment prohibits Burlin and Elharar from the following conduct:

• advertising a false business address;
• advertising more than one business name and one telephone number for each business location;
• posting internet reviews of their own or competing businesses;
• seeking to deceptively divert customers from competitors’ websites, or posting deceptive statements about competing businesses;
• answering the phone in a misleading manner with respect to the identity of their business;
• failing to provide receipts without accurately identifying the business and person rendering the service;
• misrepresenting that a lock must be drilled out.

Defendant Joshua Burlin was convicted earlier this year of two felony charges; one count of false swearing and one count of identity theft. The charges stemmed from the state’s investigation of his locksmith business practices. Burlin was sentenced to probation for those offenses.

“Fraudulent advertising harms not only consumers but honest businesses that play by the rules,” Attorney General J.B. Van Hollen said. “We will not tolerate businesses that mislead consumers, either about their own business or about competitors’ businesses.”

Assistant Attorney General John Greene represented the state in the case, which was investigated and referred to the Department of Justice by DATCP. Dane County Circuit Court Judge Daniel R. Moeser approved the judgment.

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UPDATED Tuesday, April 26, 2011 --- 2:26 p.m.

From the Attorney General's Office:

MADISON LOCKSMITH JOSHUA BURLIN SENTENCED

MADISON - Attorney General J.B. Van Hollen announced that on April 26, 2011, at a sentencing hearing before Dane County Circuit Judge Nicholas J. McNamara, California resident Joshua Burlin was sentenced to serve two years of probation on his convictions for identity theft and making false statements under oath. Judge McNamara also authorized the transfer of Burlin’s probation to California, where Burlin recently took up residency.

Attorneys for the Wisconsin Department of Justice (DOJ), acting as special prosecutors for Dane County, filed a criminal complaint in Dane County Circuit Court in July 2010 against Joshua Burlin, charging Burlin with five counts of false swearing and one count of identity theft. The crimes of false swearing and identity theft are both punishable by a fine not to exceed $10,000, imprisonment not to exceed 6 years, or both.

The false swearing charges against Burlin are based upon false testimony Burlin gave in a deposition taken by the Department of Justice - Division of Consumer Protection in December 2009 regarding Burlin’s locksmith business practices. According to the complaint, Burlin falsely testified that he had never listed fictitious addresses on the Internet for his various locksmith business names and that he had never posted fictitious consumer reviews regarding his own business or competing businesses. However, according to the complaint, Burlin did in fact use false addresses and posted phony reviews on the Internet.

In addition, Burlin was convicted of identity theft for posting a phony ad on Craigslist stating that a competing locksmith business was for sale, in March 2009.

This case was investigated by the Department of Agriculture, Trade and Consumer Protection. Wisconsin Statute Chapter 950 Victim Services are being provided by the Wisconsin Department of Justice Office of Crime Victim Services. Assistant Attorneys General Eric D. Défort and John S. Greene represented the State of Wisconsin as special prosecutors in this action.

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UPDATED Monday, March 21, 2011 --- 3:45 p.m.

From the Attorney General's Office:
MADISON LOCKSMITH JOSHUA BURLIN CONVICTED OF IDENTITY THEFT AND FALSE SWEARING

MADISON - Attorney General J.B. Van Hollen announced that on March 21, 2011, former Madison resident Joshua Burlin was found guilty of one count of identity theft and one count of false swearing, both felonies, following his entry of a guilty plea before Dane Circuit Judge Nicholas J. McNamara.

Attorneys for the Wisconsin Department of Justice (DOJ), acting as special prosecutors for Dane County, filed a criminal complaint in Dane County Circuit Court in July 2010 against Joshua Burlin, charging Burlin with five counts of false swearing and one count of identity theft. The crimes of false swearing and identity theft are both punishable by a fine not to exceed $10,000, imprisonment not to exceed 6 years, or both.

The false swearing charges against Burlin are based upon allegedly false testimony Burlin gave in a deposition taken by the Department of Justice in December 2009. According to the complaint, Burlin falsely testified that he had never listed fictitious addresses on the Internet for his various locksmith business names and that he had never posted fictitious consumer reviews regarding his own business or competing businesses. However, according to the complaint, Burlin did in fact use false addresses and posted phony reviews on the Internet.

In addition, the complaint charges Burlin with one count of identity theft for posting a phony ad on Craigslist stating that a competing locksmith business was for sale, in March 2009. As part of the resolution of the case, the remaining four counts of false swearing were disposed of as read-in counts, which will be considered for purposes of sentencing.

Burlin is scheduled to be sentenced in Dane County Circuit Court on April 26, 2011, at 11:00 a.m.

This case was investigated by the Department of Agriculture, Trade and Consumer Protection. Wisconsin Statute Chapter 950 Victim Services are being provided by the Wisconsin Department of Justice Office of Crime Victim Services. Assistant Attorneys General Eric D. Défort and John S. Greene represent the State of Wisconsin as special prosecutors.

A copy of the criminal complaint is available at:
http://www.doj.state.wi.us/news/files/CriminalComplaintFiled07302010.pdf

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UPDATED: Thursday, September 9, 2010 --- 5:33 p.m.

A local locksmith appears in court facing six felony charges and an NBC 15 investigation helps put him there.

State investigators say Joshua Burlin lied under oath about his allegedly shady business practices.

In March of 2009 we confronted Joshua Burlin.

We had a lot of questions about allegations he and his business, Madison Locksmith, LLC, deceived and overcharged customers, operated under several names, posted phony addresses for his businesses online and posted fake positive reviews for his business and negative reviews for other businesses.

When it came to those phony addresses Burlin was very clear. This, he said, was just good business.

Back then he told us, "This is something new. It's called points of service because we offer a mobile service not to confuse customers that they see a locksmith shop is over here on Park Street, one is on Regent Street. How are they going to know who's the closest and who can give a fast response?"

We asked if it bothers him to be telling people he has a business location that doesn't exist.

He says, "No, we don't tell them we have a location. It's point of service."

We pointed out there are addresses listed that are actually other people's businesses.

He said, "You know it's intersections and it's, you know, basically these are what we call points of service."

When investigators began looking into Burlin's business practices he told them a very different story, flatly denying under oath that he had ever listed false addresses even though investigators reminded him that's not what he told us.

That discrepancy landed a far different looking Burlin in court today facing five felony counts of lying under oath and one felony count of identity theft for allegedly posting a craigslist ad stating a competitors business was for sale.

One competing locksmith says the whole industry is glad to see Burlin facing charges.

Owner of The Locksmiths David Hornung says, "When you lose 30-40 percent of your business to someone who is out there ripping the public off and lying in articles that are written about your company that you can't change it hurts."

Since we last heard from Burlin he's moved his business to a shop on East Johnson. There is also a new name over the door, Mad City Locksmith.

Burlin also told the court he moved to San Diego but his lawyer confirms Madison Locksmith LLC is still in business in the Madison area and Burlin is still involved.

Each of the felony counts is punishable by up to a 10-thousand dollar fine and 10 years in prison.

Investigators also filed a civil case against Burlin and his business partner alleging they deceived customers so they could charge higher prices.

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UPDATED: Thursday, September 9, 2010 --- 4:04 p.m.

BURLIN MAKES INITIAL APPEARANCE IN MADISON LOCKSMITH, LLC CASE

MADISON - Attorney General J.B. Van Hollen has announced that Joshua Burlin appeared before the Honorable Scott McAndrew in Dane County Circuit Court for an initial appearance on the criminal charges stemming from an investigation into the business activities of Mr. Burlin and his company, Madison Locksmith, LLC. At the hearing, the Court ordered that Burlin be released on a signature bond along with conditions that he comply with a no contact order with a crime victim and that he be subjected to the booking process before release.

According to the Wisconsin Department of Justice’s criminal complaint, Burlin gave false testimony, while under oath, in a deposition taken by the Department of Justice in December 2009. Specifically, Burlin falsely testified that he had never listed fictitious addresses on the internet for his locksmith business, despite previous statements to others (including a television appearance) where he explains that the false addresses are his “points of service.” Burlin also falsely testified that he had never posted fictitious consumer reviews either of his own business or of competing businesses. The complaint alleges that in fact Burlin used false addresses and posted phony reviews on the internet.

Further, the complaint charges Burlin with one count of identity theft for allegedly posting a phony ad on Craigslist stating that a competing locksmith business was for sale. All six counts charged in the complaint are felonies.

A copy of the criminal complaint is available at:

http://www.doj.state.wi.us/news/files/CriminalComplaintFiled07302010.pdf

A criminal complaint is a document alleging a violation of the criminal law. The defendant is presumed innocent until and unless proven guilty.

This matter has been scheduled for further proceedings in Dane County Circuit Court on October 18, 2010, at 1:30 p.m. Assistant Attorneys General Eric D. Défort and John Greene are representing the state in this matter

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UPDATED: Friday, July 30, 2010---3:00 p.m.

In March of 2009, NBC15's Chris Woodard did an investigative story on Madison Locksmith. Chris Woodard's report is cited in the criminal complaint against Madison Locksmith's owner as evidence against him.

Joshua Burlin is accused of giving false testimony, as detailed in the complaint. One of the accusations is that he lied in a December 2009 deposition, claiming he never listed fictitious addresses on the Internet for his various locksmith business names.

But in Chris Woodard's report, Burlin told NBC15 News he used those multiple addresses as "points of service." To view the original investigative story, click on the video link above.

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UPDATED: Friday, July 30, 2010---11:12 a.m.

From the Attorney General's Office:

MADISON — Attorney General J.B. Van Hollen has announced that the Department of Justice has filed criminal charges against Joshua Burlin, of Madison, stemming from an investigation into the business activities of Mr. Burlin and his company, Madison Locksmith, LLC. The Department has also filed a civil consumer enforcement case against Mr. Burlin, his business partner Shachar Elharar, also of Madison, and Madison Locksmith, LLC.

The criminal complaint, filed today in Dane County Circuit Court, charges Burlin with five counts of false swearing, based upon allegedly false testimony Burlin gave in a deposition taken by the Department of Justice in December 2009. Specifically, the complaint alleges that Burlin falsely testified that he had never listed fictitious addresses on the Internet for his various locksmith business names, and that he had never posted fictitious consumer reviews either of his own business or of competing businesses. The complaint alleges that in fact Burlin used false addresses and posted phony reviews on the Internet.

According to the complaint, Burlin has used the following business names for purposes of advertising, in addition to Madison Locksmith:

007 Locksmith AAA Madison Locksmith

24/7 Locksmith Affordable Twenty Four Hour Locksmith

24 Hour Emergency Locksmith Crazy Larry’s Auto Unlockers

24 Hour Fast Locksmith Crazy Larry’s Locksmith Service

Express Locksmith Madison A aa Madison Locksmith

AAA All Day All Night Locksmith

Middleton Locksmith

A aaaaaa Paramount Locksmith

Madison Locksmith Express—24/7 Service

In addition, the complaint charges Burlin with one count of identity theft for allegedly posting a phony ad on Craigslist stating that a competing locksmith business was for sale. All six counts charged in the complaint are felonies.

Burlin is scheduled to make his initial appearance in Dane County Circuit Court on September 9, 2010, at 10:30 a.m. Assistant Attorneys General Eric Defort and John Greene are representing the state.

A copy of the criminal complaint is available at:

http://www.doj.state.wi.us/news/files/CriminalComplaintFiled07302010.pdf.

A criminal complaint is a document alleging a violation of the criminal law. The defendant is presumed innocent until and unless proven guilty.

The civil case, also filed in Dane County Circuit Court, alleges that Burlin, Elharar and Madison Locksmith engaged in a pattern of misrepresentations and deceitful conduct by posting numerous phony Internet reviews of their own business, and also posting phony negative reviews of competitors’ businesses, as well as using many false addresses designed to mislead consumers into believing that they were contacting a nearby locksmith establishment.

According to the complaint, the defendants sometimes posted numerous reviews purportedly by the same “consumer”—all on the same day but referring to different locksmith businesses or locations created by the defendants. For example, on the same day (February 12, 2009) someone using the screen name “octoberrain” posted 20 identical reviews of Madison Locksmith and 5 fictitious business names created by defendants, ostensibly located at different fictitious addresses created by defendants. The complaint alleges that the defendants are responsible for these and hundreds of similar phony reviews and Internet listings.

The complaint also alleges that the defendants have misrepresented to customers that their locks cannot be opened and must be drilled out, resulting in the addition of substantial, unnecessary charges imposed on the customers.

A copy of the civil complaint is available at:

http://www.doj.state.wi.us/news/files/CivilComplaintFiled07302010.pdf.

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Posted Thursday, March 5, 2009 --- 10:05 p.m.

When you open the yellow pages and look up a Locksmith there are dozens of numbers.

So how do you pick the right one?

Tonight a consumer alert. Customers are so confused and when you watch this report you'll know why.

For Peter Payleitner, memories of the problem still cover his kitchen table.

He says, "I was in a very vulnerable position, extremely cold out, extremely late at night. I had to get in my house."

One month ago a frozen lock left him stuck out in the cold, unable to get into his apartment. He called a Madison locksmith. He found the number online. They fixed the problem then presented him with this bill, six hundred five dollars for a service he says he's since found out others would only charge two hundred fifty.

Payleitner says, "It's a situation where they can definitely take advantage of people because of where they are and these vulnerabilities of getting locked out of their house, getting locked out of their car."

Kristine Young has a similar story. These are locks Crazy Larry's Locksmith put on her doors that she's already removed.

She says, "They quoted me $9.95 to change a lock or to re-key a lock I should say."

She expected a final bill of about 250 dollars.

Young says, "He sits down with me, writes up the bill, hands it to me and it's $750."

It lead to a heated exchange.

She says, "Oh it was very awkward. My third grader was very upset because he was actually there when this first started to transpire and then later we whisked him upstairs. "

We decided to get some answers for the customers but it was easier said than done.

Several Madison Locksmiths listed in the yellow pages and online searches have the same phone numbers and addresses.

In the yellow pages alone there are 51 locksmith listings and some can't be found at all. For example, Always Available Emergency Locksmith is supposed to be right here at 1135 Regent, you can see it's a flower shop."

More than a dozen other addresses listed either don't exist or are other businesses.

Carrie Abela owns Northgate Barber shop.

She says, "I was a little shocked because you think you have your own business address."

Abela has cut hair at the shop for more than 20 years.

She was shocked to find out a locksmith is using her address in a yellow page ad.

Abela says, "This is my establishment. It's my business, it has been for years and you are just saying that anyone else can grab this address and put anything out there? It's not right."

Madison Locksmith is the company Peter and Kristine hired. One of their many online listings is here at 1 North Fairchild.

Maybe a fire hydrant fits that address but there's no store here.

It's taken some looking but we've been told this is a location where they actually operate. There is a van outside but this is a location that's not listed at all in the yellow pages.

The two men who say they own the business agree to talk, but only if they can record the interview as well.

Madison Locksmith Owner Joshua Burlin says, "This is something new, it's called points of service. Because we offer a mobile service not to confuse customers that they see a locksmith shop is over here on Park Street, one is on Regent Street, how are they going to know who's the closest and who can give a fast response."

Doesn't it bother you though to be telling people you have a location there that doesn't exist?

Burlin says, "No, we don't tell them we have a location. It's point of service."

But you're listing addresses that are actually other people's businesses?

Burlin says, "You know, it's intersections and it's, you know, basically these are what we call points of service."

Madison Locksmith uses their Normandy Lane office as proof they are local.

But they also say they've been doing business in town for about a year and according to records from the State Department of Financial Institutions their business was registered to a UPS box at this store until three days before our interview.

Burlin says, "The problem is that other competition in town, they go around and say they have locations. Basically 30 years ago you'd have a location, a locksmith shop. Now everything is mobile. We have vans. We come to you. We do the service. That's how it works now so it's not locations, it's points of service."

They say they have about a dozen phone numbers and operate under 5 names.

They are Madison Locksmith, Crazy Larry's, Express Locksmith, 007 Locksmith and 24 hour Emergency Locksmith.

But open the yellow pages and 3 of the first 4 listings, other names, match their phone numbers.

Madison Locksmith and Crazy Larry's are the companies our customers called.

As for Payleitner's complaints about being charged too much?

Burlin says, "Our prices are our prices. We don't have to hide behind anything. If somebody doesn't want to pay that's fine. They can call somebody else. 1 o'clock in the morning I'm not sure who's going to pick up there but these are our prices."

And they say all of their negotiations on price are fair.

Burlin says, "We don't intimidate. Really, personally, what the company profits this is what I take home. You don't want to pay then don't pay. We try to work with our customers. We give a good service. We give the most professional service in Madison."

It's a service they stand by despite the questions of others.

If you need to hire a locksmith, the Better Business Bureau recommends making sure to get references from people you know who have used the company.