Litigation moves forward in Spa D’Athena consumer fraud case

The consumer fraud case against Spa D'Athena of Bismarck will go to trial in September.

The business went bankrupt and closed in October 2017, leaving customers with hundreds of thousands of dollars in gift cards that they couldn't use.

It’s been more than a year since the Attorney General's office launched an investigation and subsequently filed a law suit against Spa D'Athena.

Some customers affected by the gift card scandal say they've lost hope of getting their money back.

Spa D'Athena has been sitting at the forefront of a scandal after they announced their closure at the end of 2017.

In August, the attorney for the case says the business sold gift cards but didn't intend for customers to redeem them knowing they were having financial difficulties for years.

Many customers felt blindsided by the situation.

"It makes you not trust you know it makes you think twice about purchasing anything too far ahead of time and just probably need to be a little more careful about what you're doing," said Carolyn Hesford, gift card holder:

The owner and operations director for Spa D' Athena Jill Becker and Brent Voorhees moved to Nevada and have made several pleas to the court about not being financially able to get to hearings in Bismarck.

Attorneys for the state rebutted this by saying they've tried to settle the case several times and the pair have ignored those requests.

The case is now seeing its third judge since it was re assigned after Judge Bruce Haskell's retirement and the recusement of Judge Daniel Borgen.

There will be a motion hearing in two weeks.

The three day trial is scheduled to begin on Sept. 23. It will be a nine person jury.