GoFundMe Hoax
Prosecutors have criminally charged a homeless man and a New Jersey couple for misusing funds from a viral feel-good fundraising story that raised over $400,000
The homeless veteran Johnny Bobbitt Jr. claimed that Mark D'Amico and McClure misused the funds from the GoFundMe campaign that was meant for him after he used the last $20 bill to fill McClure's gas tank when she was stranded on the roadside in Philadelphia.
Burlington County District Attorney Scott Coffina told reporters this afternoon that the story Bobbitt told was a hoax.
Bobbitt, McClure, and D'Amico are each charged with second degree theft by deception and conspiracy to commit theft by deception. The charges could hold a sentence of 5-10 years in jail.
Things started to go awry when Bobbitt sued the couple for allegedly withholding the $400,000 that the couple collected from the GoFundMe fundraiser.
The full amount after the fees taken out from the site was around $367,000. An attorney at a hearing over the summer said that Bobbitt had only seen $75,000 and that McClure and D'Amico didn't follow through on their promises of a home, truck, and two trusts in his name. Judge Paula Dow ordered the couple to turn over the rest of the amount, but Bobbitt's lawyer said that the money was already gone.
Burlington County District Attorney Scott Coffina said that the couple spent the rest of the fundraised money on trips, a new car, handbags, and gambling. The couple initially met Bobbitt on an off-ramp near the casino that the couple frequented. Then about a month later, the fundraiser went live. The trio used the same off-ramp to stage the heartwarming photo that was the face of the fundraiser.
Things started to go awry when Bobbitt sued the couple for allegedly withholding the $400,000 that the couple collected from the GoFundMe fundraiser.
The full amount after the fees taken out from the site was around $367,000. An attorney at a hearing over the summer said that Bobbitt had only seen $75,000 and that McClure and D'Amico didn't follow through on their promises of a home, truck, and two trusts in his name. Judge Paula Dow ordered the couple to turn over the rest of the amount, but Bobbitt's lawyer said that the money was already gone.Burlington County District Attorney Scott Coffina said that the couple spent the rest of the fundraised money on trips, a new car, handbags, and gambling. The couple initially met Bobbitt on an off-ramp near the casino that the couple frequented. Then about a month later, the fundraiser went live. The trio used the same off-ramp to stage the heartwarming photo that was the face of the fundraiser.
Now McClure's attorney James Gerrow is saying that McClure was being used and was set up. That she didn't know that her ex-boyfriend Di'Amico and Bobbitt had known each other for some time, just that the story about her running out of gas and Bobbitt giving her $20 was fake. Gerrow is claiming that she thought she was helping a homeless veteran. McClure is claiming that Bobbitt told D'Amico that he wanted to give them $250,000 because they had done a lot for him.
In the text messages that were reviewed during the investigation, McClure admits to a friend that the gas station story was made up, but that Bobbitt is a real person. Other texts show that the couple was struggling to pay bills.
Coffina admitted sympathy for Bobbitt's homeless struggles and that he should be thanked for his service, but that he was still fully involved in the hoax.
Coffina believes that if there hadn't been disputes over the money, they most likely would have gotten away with the deception. He goes on to say that the public should not be discouraged from giving to those in need just because of the trio who misused their fundraiser.
GoFundMe said that they will issue full refunds to the 14,000 people who donated.
Comments from Allen:
A common problem with those who have been scammed is that the scammer has spent all of the money and the victims will never see a dime of it again. As the cliche goes, "you can't get blood out of a turnip." (in law school, my property professor referred to people with no means to pay money owed as "turnips.")
I don't know how GoFundMe is going to repay $400,000 that has already been spent and gambled away, or how D'Amico and McClure are going to cough up that much money to Bobbit or anyone else. However, restitution as part of a condition of probation can be a motivator for the fraud couple to come up with some of the money.
I have run into problems with victims of scams having no real recourse against the scammer except a judgment, and then executing on the judgment by having a sheriff send a garnishment notice to the scammer's employer (if the scammer is employed) and collecting a few hundred bucks per paycheck. That's better than nothing, but when the scammer took your $200,000 up front, it's not much comfort.
It helps when there is a criminal prosecution in these cases, but sometimes prosecutors refuse to prosecute scammers, thinking they can't prove how the scam worked, or they can't pigenhole the actions of the scammer into a specific crime. When this happens, a civil lawsuit against the scammer results in the defendant filing bankruptcy and usually leaving the victim with nothing.
I would just say that when you are donating money, be wary of internet stories, as there are a lot of fake feel-good stories out there. Donate to a reputable charity or your church.
A common problem with those who have been scammed is that the scammer has spent all of the money and the victims will never see a dime of it again. As the cliche goes, "you can't get blood out of a turnip." (in law school, my property professor referred to people with no means to pay money owed as "turnips.")
I don't know how GoFundMe is going to repay $400,000 that has already been spent and gambled away, or how D'Amico and McClure are going to cough up that much money to Bobbit or anyone else. However, restitution as part of a condition of probation can be a motivator for the fraud couple to come up with some of the money.
I have run into problems with victims of scams having no real recourse against the scammer except a judgment, and then executing on the judgment by having a sheriff send a garnishment notice to the scammer's employer (if the scammer is employed) and collecting a few hundred bucks per paycheck. That's better than nothing, but when the scammer took your $200,000 up front, it's not much comfort.
It helps when there is a criminal prosecution in these cases, but sometimes prosecutors refuse to prosecute scammers, thinking they can't prove how the scam worked, or they can't pigenhole the actions of the scammer into a specific crime. When this happens, a civil lawsuit against the scammer results in the defendant filing bankruptcy and usually leaving the victim with nothing.
I would just say that when you are donating money, be wary of internet stories, as there are a lot of fake feel-good stories out there. Donate to a reputable charity or your church.
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