Rochester landscaper sentenced for taking $13G in deposits, not doing the work

ROCHESTER - A Rochester man has pleaded guilty to and was sentenced for four misdemeanor counts of unfair business practices in violation of the New Hampshire Consumer Protection Act in connection with his conduct accepting deposits for landscaping and fencing jobs from four consumers totaling over $13,000.

As part of the sentencing, the Strafford County Superior Court sentenced Nickolas Legault, 25, to four concurrent terms of 60 days in the House of Corrections, recommending that he be eligible for administrative home confinement. Each of the four sentences also includes an additional 10-month period which will be suspended for four years, during which Legault must pay more than $13,000 in restitution, refrain from owning, operating, or managing a small business, refrain from accepting deposits for home contracting or landscaping work, not contact the four victims, and maintain good behavior.

Legault pleaded guilty to unfair business practices for accepting a deposit of $1,909.50 from a victim to install sod. Legault provided a series of excuses for why he was failing to show up, then stopped responding to the victim's communications, never providing any materials and never doing any of the promised work.

Legault also pleaded guilty to unfair business practices for accepting a deposit of $3,000 a second victim to install turf. While Legault did show up at the victim's home for one day, ripping up the existing yard and accepting a second payment of $2,382 - which he eventually returned - he subsequently refused to do any more work or provide the promised materials and refused to refund the $3,000 he had taken.

Legault also pleaded guilty to unfair business practices for accepting a deposit of $6,000.00 from a third victim to install a fence. Within days, Legault had spent the money received on other things, leaving him without the funds to buy the necessary materials. Legault never performed any work, never provided any materials, and never refunded the money he had taken.

Lastly, Legault pleaded guilty to unfair business practices for accepting a deposit of $2,200.00 from a fourth victim to enlarge a patio and install gravel, tiki torches, trees, and stone. Legault did not complete any of the work he had promised and did not return the deposit money.

These cases were investigated by Investigator Fred Lulka and prosecuted by Assistant Attorney General Kevin Scura, both of the Consumer Protection and Antitrust Bureau.

The Consumer Protection and Antitrust Bureau investigates and prosecutes fraud against New Hampshire consumers. To file a complaint with the New Hampshire Department of Justice, call the Consumer Protection Hotline at 1-888-468-4454 or file a complaint online at https://www.doj.nh.gov/consumer/complaints.