Judge freezes assets of family accused in charity scam
From left, Joshua, Mindy and David Winston sit in a courtroom in Mineola. They face charges that they operated a fake cancer charity. (April 26, 2010) Credit: Ed Betz
The assets of a Great Neck family accused of operating a bogus breast cancer charity have been frozen, but they can spend up to $10,000 a month on living expenses, using money from sources the state attorney general's office verifies, a state Supreme Court justice ordered Monday.
David and Mindy Winston, along with their three adult children, set up a sham nonprofit corporation called the Coalition for Breast Cancer Cures and duped donors out of more than $500,000, state Attorney General Andrew Cuomo's office said.
His office announced April 14 he is suing to shut down the fake charity. No criminal charges have been filed and the investigation is ongoing.
The $10,000 will be kept in an account that the state attorney general's office will be able to monitor electronically.
Michele Abeles, an attorney representing Cuomo's office, expressed concern Monday that the money going into the account could be coming from the defendants themselves. At a hearing last week, the Winstons invoked their Fifth Amendment right against self-incrimination when asked about additional bank accounts they hold that were not included in a temporary order to freeze their assets.
State Supreme Court Justice Stephen Bucaria had previously signed the temporary order, which became a preliminary injunction Monday with certain provisions.
Money earned through paychecks from verified employers will not be subject to the order. John G. Martin, the Great Neck attorney for David Winston, said his client and wife are unemployed and will get financial support from family and friends while they seek jobs. Mindy Winston's attorney, Joseph R. Conway, of Mineola, declined to comment.
It was not clear what their children, Joshua, 25, and Rachel, 28, do for a living. Their sister, Rebecca, 20, is a student in Italy, and was not in court Monday. Michael H. Soroka of Mineola, attorney for the siblings, said he believes Joshua Winston is self-employed.
The Winstons will only be able to withdraw up to $2,500 at a time, except for rent and attorney's fees. Martin said the money will be used for personal expenses, mainly rent and Rebecca Winston's college expenses.
Bucaria said violating his order will not be tolerated, adding that he would consider incarceration.
The Winstons declined to comment outside court.
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