Follow-up to:

Homeless Veteran Back on Street After Fundraisers Keep Money

Lawyer for couple accused of plundering GoFundMe for vet says 1 or both likely to be indicted
Updated 3:07 PM; Posted 1:36 PM
By Rebecca Everett and Joe Brandt
NJ Advance Media for NJ.com

The Burlington County couple accused of misusing the $400,000 they raised via a Gofundme campaign to help homeless veteran Johnny Bobbitt may soon find themselves indicted and without legal representation, according to a motion from their own attorney.

Ernest E. Badway, the attorney for the couple, asked a judge Friday to stay Bobbitt's civil suit against his clients, Kate McClure, 28, and Mark D'Amico, 39, pending the outcome of a possible criminal case. Burlington County Superior Court Judge Paula Dow granted the stay Monday.

On Thursday -- two days after Bobbitt's attorney said he had learned that none of the $400,000 from the fund was left -- investigators executed a search warrant at the Florence Township home of McClure and D'Amico, seizing a black BMW and other items.

Badway wrote in Friday's motion, "...since it is expected that one or both of the Defendants will likely be indicted, my firm and I will no longer be able to continue our representation of them in this matter."

The Burlington County Prosecutor's Office confirmed Monday that no charges have been filed against D'Amico or McClure but otherwise declined to comment. Badway declined to comment Monday.

Badway wrote that police executing the search warrant had seized "everything of value" including cash, vehicles, jewelry and all of the couple's financial records. The seizure made it impossible for McClure and D'Amico to defend themselves against the civil case against them, Badway wrote, in which Bobbitt's attorneys sought an accounting of how the money was spent.
Authorities execute a search warrant at D'Amico and McClure's Florence Township home on Thursday, Sept. 6, 2018.

Badway attached the search warrant application to his motion Friday. In granting the search warrant last week, a judge noted that there was enough probable cause to continue investigating whether the couple had committed crimes including theft by deception, misapplication of entrusted property, theft by failure to make required disposition of property received and computer criminal activity.

Among the items listed in the evidence log of the search warrant were several Louis Vuitton bags, "misc. casino chips," paperwork and receipts. Much of the document was illegible.

Judge Dow granted the stay through Dec. 7.

McClure launched the online fundraiser for Bobbitt last November after the homeless Philadelphia man gave his last $20 to McClure when she ran out of gas on I-95 in Philadelphia last year. The feel-good story went viral and the campaign raised over $400,000, but Bobbitt accused the couple of squandering the donations on vacations and other personal expenses.

The couple claims they spent upwards of $200,000 of the money on Bobbitt, buying him a used truck and a trailer where he lived on their property, but withheld the rest of the cash because he was blowing it on drugs. In an appearance on " Megyn Kelly Today," they said $150,000 was left.

However, after the Cozen O'Connor law firm in Philadelphia filed suit on Bobbitt's behalf Aug. 27 and a judge ordered the couple to turn over what was left to an escrow account, Bobbitt's attorney said Badway told him that nothing was left of the $400,000.

Badway has said his clients plan to invoke the 5th Amendment right against self-incrimination.

Gofundme announced last week that it will make sure Bobbitt gets the full amount he is owed, whether the civil suit recovers any money or not. The website deposited $20,000 in a bank account set up by Bobbitt's legal team to help sustain Bobbitt while the case continues.

Bobbitt's attorneys said last week that they believe $75,000 of the Gofundme money actually went to their client. They acknowledged he struggles with addiction and said last week that Bobbitt was checking into a 30-day drug recovery program.

Reached by phone Monday, one of the attorneys, Jacqueline Promislo, said the stay was granted but she could not discuss the case more because she was working on a time-sensitive case.

https://www.nj.com/burlington/index.ssf/...mepage-featured


The love of money rears its ugly head