Police Search Home of New Jersey Couple Who Opened GoFundMe Account for Homeless Man

Authorities in New Jersey have executed a search warrant at the home of a couple accused of withholding hundreds of thousands of dollars raised through a GoFundMe campaign for a homeless good Samaritan.

Officials were at the couple’s home in Bordentown early on Sept. 6, a day after a judge ordered them to appear in court, Fox29 reported.

Kate McClure and Mark D'Amico started the fundraising account that ended up collecting more than $400,000 for John Bobbitt, a homeless man living on the streets of Philadelphia. The couple started the fundraiser after Bobbitt used his last $20 to buy gas for McClure when he saw her stranded on the side of I-95 in November of last year.

But the homeless man, who is a veteran, has sued the couple over what he alleges is missing cash from the GoFundMe account. Bobbitt claims that he’s only received $75,000 of the $400,000 raised.

In a statement, the Burlington County Prosecutor’s Office said on Sept. 6: “Due to the enormous public interest in this matter, I am confirming that a search warrant was executed early this morning by the Burlington County Prosecutor’s Office and the Florence Township Police Department at the residence of Mark D'Amico and Katelyn McClure, in connection with a criminal investigation into the Johnny Bobbitt matter.

“As of this time, there have been no charges filed. Further updates will be provided as circumstances warrant.”

Funds ‘Gone’

Bobbitt’s attorney, Chris Fallon, said he found out in a conference call with the couple’s lawyer on Sept. 4 that all of the money raised in Bobbitt’s name is gone, according to ABC. Bobbitt has accused McClure and D'Amico of using the funds to purchase a BMW and go on take multiple vacations.

“I always felt like I was in a weird situation," Bobbitt told ABC. “I didn’t want to be pressuring to get a lawyer or do anything because I didn’t want to seem ungrateful.”

“I wish it didn’t come to this,” he added. “I hate that it came to this.”

McClure and D'Amico have claimed they’ve given Bobbitt half of the $400,000, while Bobbitt says he’s only received $75,000.

The New Jersey couple also claimed that at one point, they were holding back some of the money because Bobbitt was using the funds to buy drugs.

This photo taken Aug. 15, 2018, shows Johnny Bobbitt Jr. David Swanson /The Philadelphia Inquirer via AP

Judge Issues Order

On Sept. 5, Superior Court Judge Paula Dow ordered the couple to appear in court. Dow said that she wants to see the defendants and directly ask them questions about the case.

Dow said the couple must give depositions about where the money that was raised for Bobbitt went, reported WPVI. Dow said the couple and Bobbitt must provide paperwork that details who spent what on both sides.

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Ernest Badway, the attorney for McClure and D'Amico, indicated to Dow that his clients are seeking to assert their rights under the Fifth Amendment, which protects against self-incrimination.

“You should advise your clients that they are directed by the court to appear, and they can assert their privileges at that time,” Dow replied. “I am no longer comfortable with counsel representing what their clients purport to say, when I have no certifications from the clients, no appearances by the clients, and a record that before me that lacks clarity at times as to what happened with the funds.”

Experts Weigh In

Rutgers University professor Perry Dane, who teaches charities and nonprofit organization law, told NJ.com that the fundraiser falls under nonprofit laws, because the couple was serving as a trust.

If a trust is set up for someone’s benefit, there are restrictions on how the money is used, he said. “You can’t just abscond with the funds,” he said.

Roseanne Mirabella, a Seton Hall University professor, added that it’s clearly illegal to use funds gathered for one purpose for another purpose.

“If a charity collected money through GoFundMe and then did not expend it as they said they would in the solicitation, that would be illegal,” she said.

“And if they spent the money on a vacation to the Caribbean, that would also be illegal.”

The conditions for use on GoFundMe prohibit campaigns that are “fradulent, misleading, and inaccurate.”

From NTD.tv