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According to their lawyer, a New Jersey couple's lawyer accused of spending thousands of donations of homeless people could be charged, according to court documents obtained by people.
What began as a well-being story turned into a criminal investigation after Johnny Bobbitt, a 35-year-old homeless veteran living in Philadelphia, charged Kate McClure, 28, and her boyfriend. years old, Mark D & # 39; Amico. over $ 400,000 was raised for him on GoFundMe during a lavish vacation and a new BMW.
The couple's lawyer told a Burlington County judge that he and his law firm could resign to represent the duo, believing that McClure, D'Amico or both would likely be charged in the case.
"As one of the defendants or both defendants is expected to be charged, my cabinet and I will no longer be able to represent them in this case," the lawyer said on Friday. of the couple, Ernest Badway. in Burlington County Superior Court. "(However, we are not asking for this relief for now, we just wanted to make the Court aware of potential future development.)"
Badway declined to comment on the motion, but told PEOPLE that he currently represents McClure and D'Amico.
He noted in the motion that D'Amico and McClure were "unable to defend themselves or respond meaningfully" to requests to know where the remaining funds were going because their financial and business records had been seized by prosecutors.
The motion was unveiled in a statement Monday, but was dated Thursday, according to CBS News – the same day, the Florence Police Department broke into the homes of McClure and Amico, and seized their attorney, said Scott A. Coffina a "criminal investigation".
RELATED HISTORY: GoFundMe donors express themselves as a couple accused of spending money on homelessness: "Ofspicy »
Officials at the prosecutor's office did not immediately respond to a request for comment from PEOPLE. However, no charges have been filed against the couple, according to CBS.
Burlington County Superior Court Judge Paula Dow granted Badway a motion to stay her trial on Monday, ending a lawsuit until Dec. 7 due to the criminal investigation.
David Swanson / The Philadelphia Inquirer / AP
Bobbitt, a native of Raleigh, North Carolina, first met McClure last October, when his car ran out of gas on Interstate 95 in Philadelphia. Bobbitt spent $ 20 to buy gas for McClure. Carried away by her kindness, D'Amico and she created a GoFundMe page to help Bobbitt get up. More than 14,000 people donated a total of $ 402,706 to this man.
The movement follows a chain of twists in the case. Just days before police raided McClure and D'Amico's home, a couple's lawyer told Dow that the rest of Bobbitt's massive sum was gone.
"It is fair to say that we were shocked and worried when our lawyer told us on Tuesday that there was no money left," Jacqueline Promislo, Bobbitt's lawyer, told PEOPLE. "We are now making emergency discoveries to try to determine where the money was spent, but at the moment we have no other information."
According to a lawyer, a homeless veterinarian will receive $ 400,000 in GoFundMe donations despite the alleged fraud of the couple
David Swanson / The Philadelphia Inquirer / AP
The couple had been ordered to hand over the money to Bobbitt's lawyers, but he never did. In a lawsuit filed by his attorney and obtained by PEOPLE, Bobbitt accused both of fraud and conspiracy, alleging that the couple spent most of the money on vacation in Las Vegas, Florida and California, with a tour. helicopter over the Grand Canyon and a new BMW for McClure.
McClure and D'Amico denied the allegations and talked about the incident last week Megyn Kelly today, claiming that they went beyond the task to retrieve the man's birth certificate and obtain a piece of identification.
"It was our family. He is our family. I still think, to this day, that it's our family, "McClure told Kelly. McClure spoke through tears claiming that the couple were receiving death threats.
GoFundMe officials are working with the authorities in this area and have established an account with $ 20,000 from Bobbitt's lawyers, according to Hello America. Fundraising site officials announced that Bobbitt would receive a portion of the donations as a result of their GoFundMe Guarantee program, a policy that ensures recipients receive their money, or those who donate in the event of "misuse" in the countryside".
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