Attorney for Alleged ‘Mastermind' in Homeless GoFundMe Scheme Wants Charges Dropped

The attorney for the alleged "mastermind" in a scheme to scam thousands of GoFundMe donors out of more than $400,000 with a fake feel-good story about a homeless veteran, plans to request that the charges against his client be dropped.

Only NBC10 was there for Mark D’Amico’s court appearance in Mount Holly, New Jersey, Monday morning. Prosecutors said D'Amico, his then-girlfriend Katelyn McClure and homeless veteran Johnny Bobbitt made up a story in 2017 about Bobbitt giving his last $20 to help McClure when her car ran out of gas in Philadelphia.

Bobbitt and McClure have both pleaded guilty to federal and state crimes related to their roles. McClure said D'Amico was the ringleader and concocted the story. D’Amico denied this and pleaded not guilty to charges of conspiracy and theft by deception in late May, refusing a five-year plea offer.

Mark Davis, D’Amico’s attorney, now plans to file a motion to have the grand jury indictment against his client thrown out.

“Once we have it, we review it, we look at how the presentment occurred, what evidence was shown to grand jurors, what witnesses were put on the stand,” Davis said.

Both Bobbitt and McClure agreed to testify against D’Amico during a jury trial.

“I’m not worried about it,” D’Amico told NBC10 on Monday. “I already look as bad as I can look. I’m looking forward to hearing the truth in there and then people can make their own decisions.”

Davis said he was confident in his defense strategy to have the indictment against D’Amico dismissed on a technicality.

“That’s why it’s done without prejudice if it’s granted,” Davis said. “It gives the prosecutor an opportunity to go back and re-present if the judge says, 'Yes, these issues have merit and therefore warrant a dismissal of the indictment.'”

D’Amico is currently out of jail. He’ll be back in court on Aug. 26.