While I sympathize with Jim Swarthout's marital and financial problems it
doesn't change the facts relating to the valve cover issue. The fact is that
he received money from 25 to 30 people over a lengthy period of time by
promising to provide a product. If he was unable to provide the product as he
promised then he is obligated to return the money he received. Florida Statute
817.034 (3) (d) (scheme to defraud) seems to fit this situation as I understand
it at this time. The number of people involved and the length of time over
which the valve cover deal took place is key to proving intent. The fact that
he has moved from Dunedin, Fl. to wherever does not affect the potential
criminal charges. According to Florida law if the victims (25 to 30) mailed
their checks to Jim in Dunedin that's where the (potential) crime occurred.
I'm sure the people who paid their money to Jim would be happy to forget about
prosecution and just to get their money back. I hope this happens. I
have been extremely reluctant to get involved in this discussion because I
know and like Jim but my job as a law enforcement officer obligates me to speak
up on an issue relating to an apparent crime which occurred within the
jurisdiction of my office. I hope this is all resolved without an official
complaint. We will see. Oh yes, what about the roller rockers. Did anyone
pay for them and not get them?
Mike Lunsford, Investigator, Office of the State Attorney, Sixth Judicial
Circuit of Florida.
|