Marcie remained in Otsego County jail Tuesday night on $5,000 bail. She is to appear for a felony hearing Thursday morning in Oneonta Town Court.

Investigator Michael Ten Eyck said Marcie, who owns Expert Ear Inc., also faces a misdemeanor weapons charge for an unregistered handgun allegedly found at her home.

A Nov. 2 court order obtained by the state Attorney General’s Office called for the business formerly located at 360 Main St. in Oneonta to be shuttered.

Assistant Attorney General Michael Danaher said Marcie had been operating her hearing-aid business without being properly registered by the Department of State.

"To dispense a hearing aid in New York, she had to be registered," Danaher said. "She wasn’t."

Under the court order, Expert Ear and an affiliate company owned by Marcie, Hearing Aids Wholesale, were permanently banned from the sale and service of hearing aids.

However, up until the time she was jailed Monday, Marcie was allegedly still in the hearing-aid business and operated via mail order from her home at 1074 County Highway 36, Ten Eyck said.

Ten Eyck said investigators so far are not pursuing any charges against Marcie for defrauding clients, but he did say at least one man has come forward with a complaint that Marcie had not sent her a hearing aid he had turned over to her for repair. The hearing aid has since been recovered for the man, Ten Eyck said.

People who have purchased hearing aids or warranties through Marcie may be eligible for full restitution and are encouraged to call the Attorney General’s Office at (800) 771-7755.

Ten Eyck said an arrest warrant for a charge of fourth-degree criminal possession of a weapon was obtained Monday and would be acted on if Marcie posts bail.

An unregistered .22 caliber revolver was found in Marcie’s home, Ten Eyck said, and she does not have a pistol permit.

By Jake Palmateer
http://www.thedailystar.com/news/stories/2006/04/12/hearing7.html