Three brothers who own a Cedarhurst jewelry store have filed a lawsuit against Nassau County and a Nassau County detective, alleging they were libeled in a police news release that accused them of assault and robbery, charges that were later dropped after a Nassau County grand jury declined to indict.
Jacob, Daniel and Dov Avital, owners of 5 Towns Jewelry Buyers, filed the suit Wednesday, July 30, in New York State Supreme Court in Nassau County. They claim a Sept. 12 police news release falsely accused them of robbery, assault and unlawful imprisonment, and that the widely distributed statement and mugshots caused significant damage to their business and personal reputations.
The release alleged that the Avitals attacked a man who tried to sell them a counterfeit Cartier bracelet. It said the trio dragged the man into their home, assaulted him with fists and a baseball bat, threatened him with a sledgehammer and stole his phone, bracelet and driver’s license. At the time of the alleged incident, the Avitals were operating out of their home due to renovations at their store.
The family has created a website documenting their story, the brothers say the accusations were based on a false police report and contend police failed to investigate exculpatory evidence. According to the lawsuit, home security footage contradicted the alleged victim’s account, but officers never reviewed it or searched for the weapons described in the report. The website says the only item seized, an allegedly counterfeit Cartier bracelet, was returned to the alleged victim.
Jacob Avital, who has publicly led much of the advocacy, declined to comment for this story due to the ongoing lawsuit.
The complaint also alleges that one responding officer expressed doubt about the accusation and then turned off his body camera, an action the brothers say undermines the integrity of the investigation according to published reports.
The Avitals were under criminal investigation for eight months before Nassau County prosecutors convened a grand jury. On April 3, the grand jury declined to indict and the case was sealed.
Despite the dismissal, the press release remains online and the brothers said it continues to harm their business. The lawsuit seeks to recover more than $225,000 in lost income and $120,000 in legal and reputational defense expenses, according to a published report.
Alexander Klein, the brothers’ attorney, and Nassau County executive’s office did not respond for comment.
Nassau County District Attorney Anne Donnelly declined to comment pending litigation.
