( CNN ) -- Two New Jersey men are facing charges of running a 9/11 memorial scam allegedly by collecting donations and selling memorial T-shirts from the back of a pickup truck painted with the World Trade Center towers , according to the state attorney general 's office . Mark Niemczyk , 66 , of Tinton Falls , and Thomas Scalgione , 41 , of Manahawkin , allegedly sold T-shirts and collected donations out of their truck at 9/11 events from June 2010 until July 2012. according to a statement from the New Jersey attorney general . They displayed a sign that read `` All donations for the T-shirts go to families of 9/11 , '' but none of the more than $ 50,000 raised was sent to the victims ' families or 9/11 charities . Both men were indicted Monday on third-degree charges of conspiracy and two counts of theft by deception , according to the statement . Niemczyk was also charged with failure to file a personal state income tax return in 2011 , and for failing to report thousands of dollars in proceeds from the 9/11 T-shirt sales and donations and other money he had won at a casino . One count of theft by deception refers to the sale of T-shirts and collection of donations , and the second refers to the purchase of the T-shirts at a discounted rate by posing as a charity . The indictment did not specify a court date , and it could not be determined whether the men had retained attorneys . New Jersey in July 2011 filed suit against Niemczyk and Scalgione , alleging they defrauded donors . They were ordered to pay back $ 121,116 in donations and to pay civil penalties . They were also permanently barred from working for any charitable organization in New Jersey . The pair allegedly claimed they were father-and-son firefighters who were working at a firehouse near the World Trade Center on 9/11 , Director Elie Honig of the state Division of Criminal Justice said in the statement . `` Their conduct was outrageous , and we urge any victims who donated money or bought T-shirts from these con artists to contact us , '' Honig said in the statement . According to the state attorney general 's statement , the truck used by the men was painted with the names of police and firefighters who died on September 11 , 2001 . Rosemary Cain , mother of firefighter George McCain , who was killed , felt betrayed when she learned her son 's name was being used as a part of the scam . `` I feel that he 's dishonored the 343 firefighters , he 's dishonored by putting their names on a truck and using it to scam people of their money , '' she told CNN affiliate WCBS , referring to the defendants . `` Absolutely it 's a betrayal , it 's disgusting . '' The two men purchased hundreds of T-shirts with 9/11 themes printed on them from two vendors . The vendors charged between $ 3 and $ 6.90 per shirt , which Niemczyk and Scaglione then sold for $ 20 apiece , according to the state attorney general 's office . `` The conduct of these two men was n't just despicable , '' Attorney General Jeffrey Chiesa said . `` It was criminal , and we are bringing them to justice . '' Scalgione was the alleged `` public relations '' part of the team , making arrangements to set up their truck at different 9/11 events , authorities said . The men were not registered with the state of New Jersey as a charitable organization as required by law . If convicted , Niemczyk and Scalgione could each face three to five years in prison . New York woman accused of faking cancer to raise money for drugs .
NJ attorney general : ` ` The attack , , , was n't just despicable , it was criminal '' ` ` We are bringing them to justice , '' he said . The two allegedly sold T - shirts and received donations but no money went to 9/11 families . It could not be proven if the two had retained attorneys .