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<br> <br> <br> <br> <br> <br> <br> <br> <br> The New Jersey Couple Who Launched The GoFundMe campaign may have spent the funds on luxury vacations and even has a BMW.
Johnny Bobbitt, 35, was living on the streets of Philadelphia when he famously spent $ 20 to buy gas for 28-year-old Kate McClure after her broke up on Interstate 95 last October. To mark him, McClure and his 39-year-old boyfriend Mark D'Amico launched a GoFundMe campaign, with more than 14,000 people donating a total of $ 402,706 to the man.
Now, Bobbitt is back on the streets and McClure and D'Amico are under criminal investigation. Through his lawyer, Bobbit has been involved in the fraud and conspiracy.
"It looks like they scammed him. That's despicable, "Janine McClenny's donor, of Houston, tells PEOPLE. "I did not donate money to the couple. I donated to Johnny. "
Kate McClure and Johnny Bobbitt on the night
Gofundme
McClure and D'Amico have denied the fraud allegations contained in Bobbitt's lawsuit, and they have not been criminally charged.
On Thursday, the Florence Police Department executed at McClure and D'Amico's apartment and the BMW couple, spokesperson for the Burlington County Prosecutor's Office told PEOPLE. The search was just gone after the couple's attorney said in court that the money they had been gone to.
"That kind of money can bring out the worst in people," Sheilah Scofield donor tells PEOPLE of McClure and D'Amico. "It was just too much money for them to handle," she speculated. "I thought [Bobbitt] was right to [sue]. They were withholding money that was raised for him. "
RELATED: N.J. Couple's $ 400K Donations for Homeless Men's GoFundMe Is Gone, His Attorney Says
Burlington County Judge Paula Dow ordered the search warrant that prompted the prosecutor's office to tow the BMW's spokesperson with the prosecutor's office told PEOPLE. The spokesperson said that the criminal charges should be filed.
David Swanson / The Philadelphia Inquirer / AP
Earlier this week, the couple's attorney, Ernest Badway, said that it has gone out of business and that it has gone out of business. A short hearing is scheduled for Sept. 14.
McClure and D'Amico said they were starting to keep Bobbitt after he allegedly spent $ 25,000 in less than two weeks, some of it on drugs. They spoke about the incident last week on Megyn Kelly Today, claiming that they went above and beyond to track down the man's birth certificate and get him identification.
They said they used the money raised to buy Bobbitt that he asked for, an SUV, clothes, food and to accept Bobbitt to rehab for drug addiction.
Scofield says she is "saddened" by the recent developments, and McClenny tells PEOPLE that she thinks the couple should not have money.
"I do not think the couple should have the right to decide to keep the money from Johnny," she says. "He is an adult. They are not in a position to make decisions about how to raise money raised for him. "
RELATED: Homeless Vet Will Get $ 400K in GoFundMe Donations Despite Couple's Alleged Fraud, Lawyer Says
David Swanson / The Philadelphia Inquirer / AP
Attorneys for Neither Bobbitt nor the couple responded to a request for comment from PEOPLE.
"He was our family. He is our family. I still think, to this day, that he is our family, "McClure told Kelly. McClure spoke through tears as she claimed the couple's receiving death threats.
On Thursday, GoFundMe officials said that they would ensure Bobbitt received money through their GoFundMe Guarantee program.
"Johnny will be made whole and we're going to get it back from the funds that he has not yet received or benefited from," officials wrote on the organization's Facebook page. "GoFundMe's goal has always been to ensure Johnny gets support he deserves."
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