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.
It seems to be all over but the “love of his new family”! I just got news of his sentencing; 25 months in the BIG HOUSE!!! and he will have to pay every penny as well. I’m glad I fought it and beat him into the dirt…and will continue to do so. My loss was the biggest one, all the rest were small ammounts and all will be repaid on a pro-rated basis. It is a little better now, being on the winning side!
I was not sure about that either, however from blogs I have read it is common practice for them to be out waiting on a surrender date. I have read of some who are out for 30 or more days.
I didn’t know he was on house arrest, and wasn’t sure how it worked towards the time he owes. I have looked it up and from what I have read it does NOT count as time served. I just did a google search and found blogs stating things like:
“The only way for those days to be credited to the sentence is if the judge lowers the sentence at the time of sentencing. There is written law that expressly states that only time behind bars will count toward time served, and only if the time is done under federal order. If being held on a state order first, it doesn’t count.
Judges and attorneys don’t know about this and i have seen cases where the judge has lowered the sentence to give credit for the time when it has been explained. Realistically, being in the comfort of your home, with your family, is nothing like being in jail. If you want the time to count, you have to forego bond and check into the FDC or county jail, but that is not a good alternative.”
and in response to someones post about weather their county jail time and house arrest will count towards time served someone posted this:
“You will get credit for the 53 days – as long as they were not credited toward any state sentence. And based on what you’ve written, I believe that you will get credit for the 53 days, as jail credit/prior custody credit, against your federal sentence. Now for the time spent on home confinement and/or house arrest, YOU WILL NOT GET credit for this time. So, no matter what anyone tells you, I am 100% certain that you cannot get credit for this time. I wont go into all of the legalese of why you can’t get credit for it, but basically the U.S. Supreme Court ruled that being on house arrest and/or home confinement does not rise to the same level as actually being incarcerated – thus you cannot get credit for this time against your federal sentence as jail credit.”
So I would have to belive that he will be looking at serving his time, whenever the marshalls give him a surrender date.
I’m sure you’re right about the sentence; I just couldn’t remember the details off the top of my head. I am confused, however, how they can charge him but then let him go to wait for the US Marshal’s to bring him in. Are they waiting for space in the prison or could his public defender be appealing? It looks as if he is still on house arrest so maybe they are letting him stay out and then will count this towards his time at a later date, I don’t know. Would you or anyone else have some insight on this?
As for his victims getting justice, I understand that he’s only working as a cook or waiter somewhere so, unfortunately, I doubt they’ll see much justice in the form of restitution. At least they know he’s been sentenced but they still have to wait to see if he serves any time.
Thanks I have since heard that, however I heard it was 25 mths and 20 days, and three years probation and apperantly almost $125,000 in restitution. I will have to check out pacer, I didnt know there was such a site. Court cases are so hard to find on the net.
Thanks for your time….I am glad to see those he took advantage of got some justice!
According to pacer.gov (his case is in the Illinois-Southern District), he has been sentenced to 24 months, I think, then 3 years probation but he has to wait until the U.S. Marshals bring him in. I’m not sure I understand the reasoning behind that. He was sentenced October 29, 2010.
Has anyone heard what the current status of this case is? I have looked for current information, but all I can find is he plead guilty and is being sentenced this month, according to the articles I find. I agree with you Mac that people should work for what they have and not steal it from innocent victims. I hope you find justice!
Has anyone heard what the current status of this case is? I have looked for current information, but all I can find is he plead guilty and is being sentenced this month, according to the articles I find. I agree with you Mac that people should work for what they have and not steal it from innocent victims.
There is no way he be “prepaird” anyway, too many people have the same problem with him (and people “humans”) like him that think they are a genius because they figured a way to steal money! My advice is to “work” for it and don’t steal! it only takes one time to ruin your credibility for life, then you may as well try identity theft as well! Maybe if someone does this long enough, and does time with others like himself.. he could write a manual on how to do crime & time? Or maybe a store where he can sell the “how to” books, along with lessons? Why not? if you don’t have to worry about reprecussions, everyone can just take what they wish! (Don’t take my word for it though, it has only happened to me 3+ times on one project. A person almost needs a Lawyer to oversee any building project these days!I want to see the bank history, along with mama’s too! more time is probably good for us all!
Yeah he proably wants to go to trial so he can keep being a free man and push the court date back a few more times. wonder how many times that will work for him…he was suppose to go to trial on Monday, doubt that will happen. He should have to sit in jail if he is gonna be out and play games like not responding to his attorney and then cant be prepared to go to court on the set court date.
So it seems you are well informed! I just found out he wants to go to trial. So the tax-payers get to keep paying for this guy! So it all continues. But I demand justice as a right as an American! Otherwise we can all just steal our money with the law on our side! I still believe he will pay for his thieving ways! I’ll do everything I can possibly do to see it happen! This is all just “my opinion” and a way to attempt to find information, even though it’s “shady”, in that people are ashamed of who they are.
I will be there for any “trial”, but I was told he already plead guilty yesterday, and the sentencing is all that is left to do? Have you some news The DOJ hasn’t told me? I think it’s too late for him to try and say he isn’t guilty, where is everyone’s money? 12 victims are in this against Koch, trying to get “justice”. He is guilty and there are several other witnesses too, he has been a career criminal, so this may force a career change?
Wow he is gonna go though with the trial, and here I thought maybe he had a grown a conscience for a min there…guess guys like that never do! Hope he is found guilty!!
Sorry, I thought you were “Anonymous”, or smith.denise69@gmail.com as seen above these psts? If not then who are you, and why do you care? The woman (?) at that email, sent me an email telling me she was Mark Kock’s X wife and she helped him with “shipping” in his other illegal businesses years ago! So I sent that to the DOJ investigator and that will also be used as a record of his past. The email was cancled but the DOJ I think knew how to verify she was…my opinion. The main thing to learn is not to steal! Now it’s time to pay!!! I hope I can be there to see him get sentenced? Maybe they will teach him a job he can do when he gets out (so he can pay us back), I see him as a hair-dresser for some reason? I hope he has made his mama proud, and I wonder if a wife would really wait?
This has nothing to do with Child support…he owes me no child support we have no child together. You must have me confused. I hope he gets all you think he will get and didnt get some sort of plea deal and walk free! and I certainly hope he pays back all the victims…He doesnt deserve to be in business!
I was called today by the DOJ, telling me Koch has pleaded guilty. His sentencing should be within a few months and I have offered to speak my piece to the judge before that happens. But I’m confident he will out of business for a few years! I also heard about how he will be treated after he gets out, he will have to pay all the money back to all 12 victims (of just this scam). I’m glad to have had a big part in putting this guy where he belongs! I hope to be there for the sentenc.Restitution will be “pro-rated” by how much he owes each victim. I know you follow this because you want him to pay child support?? But I doubt if he pays you while he’s in jail. Feds only allow 15% “good time”, so he’s going to do most of that time, then will be on supervised parole for at least 5 more years.
Good Day!
I see that Mark pled quilty to the wire and mail fraud this morning and is stil out on bond….Hope he gets what he deserves for treating people this way!
Anonymous??? My email address is pasted directly above here…already. Denise Smith sounds familiar, by coincidence another woman (X-wife of Koch) contacted me and wanted child support! Try calling if you can’t use email. 559-692-2939. I’m looking forward to going to court very soon!
This is the error I get when sending an email to your email address.
‘This Gmail user does not exist…
smith.denise69@gmail.com I tried to contact you to discuss Mark koch but the email would not go though. Is there another way to get in touch with you?
I’m interested in any information on Koch. And appreciate it all!
Mac Maynard mackadoo@sti.net
smith.denise69@gmail.com