If Mark Poveromo feels a bit confused in New Haven, Connecticut, he is not the only one. A judge recently ordered Poveromo to pay damages, court costs, and attorney’s fees to a thief who stole his money. Builder Mark R. Koch of Illinois first stole the money, was convicted of theft, and then successfully sued Poveromo for damages.
In 2006, Poveromo gave Koch $39,500 of $80,000 to build a new building. Koch took the money and did no work. Poveromo filed a criminal complaint and Koch was convicted — paying $25,000 with monthly payments in restitution. However, Kock also sued Poveromo, claiming that he had filed for bankruptcy protection in St. Louis, which stays any claims against him.
Judge Charles Rendlen III agreed with Koch, calling the criminal complaint “highly suspect timing” and found that Poveromo intentionally violated the bankruptcy stay on claims. Poveromo said that he never saw the notice sent to his business.
Rendlen would not even allow Poveromo to appear by telephone at a hearing despite that fact that Poveromo must care for his elderly parents. He hit him with full damages, court costs, and fees.
The problem with the ruling is that Koch must have raised this as a defense but was still convicted. While Poveromo was the complaining party, it was the state that prosecuted Koch. The state had to find scienter to commit a crime — above any bankruptcy problem.
For the full story, click here.
Mac Maynard
Is there a way I can get in touch with you, offline? I would like to discuss Mr. Koch, but not though a website such as this.
Mac Maynard
Is there a way I can get in touch with you, offline? I would like to discuss Mr. Koch, but not though a website such as this.
Mr. Maynard
I completely sympathize with you and wish I could help your situation. As for “driving around with Mr. Mark Koch,” I am no longer even associated with him. When I took him to the courthouse last November, I was still under the impression that he was legitimate. I had only know him for a couple of months and, until that day, did not know much about him. Suffice it to say, I have severed ties but am still connected with people that he is currently trying to do business. I have forwarded links to all articles and video clips that I have found about this situation with hopes to keep people away from him. He is indeed a criminal and he still collects victims – some of them suffer financial loss, some emotional but most suffer both.
Anonymous; As you drive around with Mr. Mark Koch, the criminal beware the company you keep! I think it would be unwise to be around him at all? I’m not interested in getting “part” of the going on 50k he owes me back, at this point I insist he does time where he belongs, away from his family and victims! It’s better for him! and us! And likely his family! It isn’t over yet Mark! any bank account in his name will be seized and any money hidden by him will be distributed and I personally won’t settle until he has paid every cent with the highest interest allowed, and the costs for lawyers too! Were going to have a very long term relationship.
Mr. Koch has used the same scheme to steal from lots of people. Then he tries to trick you into dropping the case, or missing a court date, by changing them all the time, likely getting advice from the same lawyer that advised him to just take the money from all these guys and declare bankrupcy. I fought his bankruptcy and won, I was awarded the money back, but Koch never paid a penny and has just postponed court to April, it was supposed to be on the 25th, at which time I bought tickets to St. Louis to be there to insist that he does a few years in jail at minimum. This is due to the prosecutor telling me that these guys normally make a “Plea Deal”. I don’t want a plea deal because he won’t pay the money back no-matter what and he will just be turned loose. His mother should be tried as well for money laundering and I will see what can be done about that as well. He have all our money to his mommy to hold until he gets cleared! What’s more, is that I had been ripped off for 130,000 on the same project by 2 other contractors that did the exact scam on me! I lost a lot more than Mr. Poverty and even called him to try to get him to be co-plaintiffs against Koch (to save legal fees) but he refused. Court is in April, & I will be there!
Mac Maynard
On November 23, 2009, Mr. Koch turned himself to the US Marshall’s office in East St. Louis, IL for one count mail fraud and one count wire fraud. He was arraigned and released the same day. I know this because I was the one that drove him to the courthouse.
Mr. Koch still resides in St. Louis, MO and is operating a music management business under the name Livejamz (livejamzonline.com). He is a pathological liar and continues to mislead people.
I am very sorry for your situation with Mr. Koch but I am considering passing this article on to the bands that he is currently working with so they know what they are getting into. I know it won’t get your money back but maybe knowing that others are being warned against dealing with him will help.
A Stay will not stop a criminal case but will slow down payments. I need more information to make an informed decision.
Mr. Koch also stole $40k from me the same way, I paid a large down payment then nothing, except the threat of bankruptcy, which I fought & won due to his history of theft! He has never paid a nickle back and the US postal inspector is taking him to court for mail fraud. I hope to meet him some day!
dude, it’s pet STORE, not pet STOLE – duh!
David W
A little background on Judge Rendlen III may provide some insight as to why he’s so sympathetic to people in bankruptcy. See the article at this link
Being sympathetic to people in bankruptcy is one thing. Being a schmuck and letting a con man get away with robbery, is another.
Koch played Rendlen like a plastic banjo.
This is a common ruse of builders going under. Get a big down payment on a job they never intend on doing, then either abscond with the funds or file bankruptcy, keeping the money.
Mr Poveromo (known currently as Mr Poverty) handed this clown $39,500. In exchange he got nothing.
Nada.
Zippo.
😐
When people are playing the system to rob citizens of their hard earned money, especially such a large amount of money, judges need to show a little more…. well… judgement, and not permit a conman to steal almost 40,000 dollars from someone and then turn around and order the victim pay.
We need smart judges in our court system, not Patsy’s.
So if Rendlen likes getting paid in Jams and Jellies then let him. Because thats all his judgment is apparently worth.
JT,
Not that I need legal council right now, but just for future reference, my wife makes fantastic apple-butter.
David W:
Jam and jelly? Sounds like intermingling to me. Besides, the escrow issues are very difficult in dealing with marmalade based fees.
JT
This case is almost impossible to distinguish on its relevant facts from Thompson v. Hewitt, 311 B.R. 415 (E.D. Pa. 2004).
In that case, the debtor was hired to build a house and failed to finish the job after being paid over $55,000. The debtor then filed Chapter 7 bankruptcy and the creditor received notice, but did not file any objections in that case.
Thereafter, the victim (creditor) pressed criminal charges against the debtor and got an order of restitution. Even though the state collected the money solely for distribution to the victim in compensation for his loss, the bankruptcy courts rejected the very same argument made in the story above, stating:
“The Bankruptcy Court noted that Creditor is not the party prosecuting the Criminal Prosecution, nor did Creditor violate the automatic stay of Section 362(a) by participating in any proceedings in the Criminal Prosecution to enforce the Restitution Order. The Bankruptcy Court further wrote in its August 13, 2002 Memorandum and Order denying the Debtor’s motion seeking a preliminary injunction in this adversary proceeding, Bankruptcy Code § 362(b)(1) expressly excepts the continuation of the state court criminal proceeding from the reach of the automatic stay-even if the criminal proceeding’s purpose is to collect a debt or enforce payment of a criminal restitution obligation.”
But as the case of In Re Bibbs, 282 B.R. 876 (E.D. Ark. 2002)
points out, the courts are split on this issue. Some say the automatic stay does apply to criminal prosecutions, others say it doesn’t.
A little background on Judge Rendlen III may provide some insight as to why he’s so sympathetic to people in bankruptcy. See the article at this link: http://findarticles.com/p/articles/mi_qn4181/is_/ai_n16495388
When he was in private practice in Missouri during the farming crisis of the late 80s, his firm used to accept payment from clients in the form of jams & jellies because they were more concerned with helping people than getting paid.
Wow.
Pet Stole Owner or Pet Store Owner?
Correct me if I’m wrong, Professor Turley, but I believe the Latin term for this is COMPLETE AND UTTER BULLSHIT.
JT said;
However, Kock also sued Poveromo
A well placed typo, to be sure.
A religious figure ay? Sounds like an interesting case Binx. I thought your photo seemed a little familiar.
Clearly Judge Rendlen here was more interested in hearing the sound of his own voice than in dispensing even handed justice.
In this case, it seems to me a good attorney could argue that the court itself, at least Judge Rendlens court, was a effectively “co-conspirator” in perpetuating this fraud, whether he himself benefited from it or not.
He assisted Mr Koch with stealing more funds from Mr Poveromo.
😐
Perhaps the judge felt that given mr Poveromo’s name appears to be a derivative of the word, Poverty, that he was merely helping him honor his family name, by helping Mr Koch empty out his bank account.
Oddly enough CMM – there is much more of this at play in American Global business then a normal human being could stomach. I was elevated to celebrity status with a major Global company because I exposed such a scam by one of my own colleagues, out in the open. I gave him ample opportunity but he figured because I was in the middle of some very tricky reorganization and he was a religious figure – that I was bluffing. I wasn’t. Then that colleague sued me. In my case – the Michigan Courts dismissed the case with prejudice.
So you go around offering people to do construction work for them, collect a third up front, then file for bankruptcy, then sue the people who tried to get back the money you stole from them?
😐
Great work if you can get it.
Wow – how are the student antogonists-for-fun, the paid disrupters, and the genetically predisposed neo-con ultra rightists going to respond to this whirling dervish of a story ??? This ought to be interesting.
My guess is it will end up being Barack Obama’s fault.
Warmest regards from Northern California