Crime & Safety

Man In $400K GoFundMe Scam Shifts Blame Toward Ex-Girlfriend

The attorney representing Mark D'Amico was critical of what he characeterized as Kate McClure "playing the victim" in the high profile case.

BURLINGTON COUNTY, NJ - The case of three people accused of defrauding the public in an alleged $400,000 GoFundMe scam is taking yet another twist, with the former South Jersey couple involved taking shots at each other and trying to shift the blame.

On Tuesday, the lawyer representing Mark D'Amico acknowledged that his client knew the story about the homeless vet helping the couple get gas was made up, but he wasn't aware in the beginning.

D'Amico and his ex-girlfriend, Kate McClure, as well as the homeless vet, Johnny Bobbitt Jr. have all been charged with conspiracy and theft by deception in connection with a GoFundMe campaign that raised $400,000 for Bobbitt.

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The story that Bobbitt used his last $20 to help McClure when she ran out of gas while driving into Philadelphia has been exposed as a lie, but D'Amico's attorney, Mark Davis, says that doesn't reflect on his client.

"I understand they're at odds now," Davis said. "She's pointing the finger, and it's not going to get her anywhere."

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Instead, Davis pinned blame for that story on his ex-girlfriend, Kate McClure. Davis also was critical of the tactics being used by McClure's attorney, James Gerrow.

“If Kate McClure made it up, that’s on her,” said Davis, a Hamilton attorney, said. “That has nothing to do with Mark D’Amico. … Mark wasn’t there. He only knows what Kate told him.”

Gerrow said Monday that McClure was "duped" by D'Amico. He said McClure thought they were just helping a homeless vet get back on his feet.

He has also produced a secret audio recording of an argument between D'Amico and McClure as they were running out of money in March. During the argument, D’Amico called McClure a “weak slob” and “despicable,” and he gets louder as the recording goes on. Gerrow described their relationship as "controlling and abusive."

“It’s an awful shot in the dark by her attorney at trying to paint her as the victim,” Davis said. “It’s the one he’s chosen, and I think it will be to her detriment, but I guess time will tell.”

Read more here: Secret Audio In GoFundMe Scam As Woman Says She Was ‘Duped’

He said they began with the intentions of helping a homeless vet get back on his feet, and despite the fact that they are fighting now, the state will have a hard time making its case against D'Amico. Davis said the gas story was a nice introduction, but its authenticity shouldn’t detract from the spirit of the campaign.

“The prosecutor is presenting the gas component as being a lie because that’s where he wants the focus to be,” Davis said. “The focus should be on the intent of the campaign, which was to help a homeless vet get back on his feet. No one disputes that. … The goal was to raise $10,000, which they passed many times over.”

Read more here: Homeless Vet, NJ Couple Made Up $400K GoFundMe Scam: Prosecutors

McClure’s attorney James Gerrow made the same point one day earlier in an email to Patch.

“At most, it was exaggeration or 'puffing' to her to spark interest” in helping Bobbitt, Gerrow said via email Monday morning. “The goal was $10,000, as you know which she never thought they'd reach.”

The Burlington County Prosecutor’s Office referenced several of the more than 60,000 text messages it examined in its investigation in its probable cause statement. See related: Read The Unbelievable Text Messages Behind $400K GoFundMe Scam

Davis pointed specifcally to the texts that came in the beginning of the campaign, when D’Amico and McClure were talking about helping Bobbitt. On Oct. 16, 2017, “IDK why but that homeless guy by sugarhouse keeps popping in my damn head today.” D'Amico replied, “Dude I just thought about him!!,” according to the probable cause statement.

The conversation continued with them both wanting to help Bobbitt by providing him with, among other things, food, clothes, a Nintendo Switch, the possibility of a job and even giving him a house. In that same text exchange, McClure confirmed that the couple had given him $10 before.

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