MORRISTOWN, N.J. (CBS) – New Jersey prosecutors contend a businessman who sold bogus vacation packages a couple of years ago, and agreed to get out of the business, is back in it. And the state’s going back to court in an attempt to stop it.

Daryl Turner was taken to court for operating several companies under the umbrella name “Dreamworks Vacation Club”. A three-month-old consent decree requires he stay out of that business for five years and pay $3 million in fines and restitution.

Tom Calcagni, acting director of the Attorney General’s Division of Consumer Affairs, suggests Turner is violating that decree. “We’re now alleging that Travel Deals, another travel enterprise, is being run by this defendant.”

And the state has yet to see a dime. Turner’s lawyer, Richard Gallucci, insists his client is broke, “If he doesn’t individually have funds to pay the judgment, then he has the opportunity to seek protection under the bankruptcy laws.”

As for Travel Deals, Gallucci says that’s owned and operated by other members of Turner’s family and that’s perfectly legal. A court hearing is set for next month.

Reported By David Madden, KYW Newsradio