Contractor faces jail for defrauding elderly couple of $242K
NORRISTOWN » A Wyncote contractor who prosecutors said used an elderly Lower Merion couple as his personal “trust fund” faces jail time in connection with renovations he didn’t complete to the couple’s home, defrauding them of more than $240,000.
Jack Sargent Caspar, 60, of the 1000 block of West Church Road, was sentenced in Montgomery County Court on Wednesday to eight to 23 months in the county jail, to be followed by eight years’ probation. The sentence was imposed by Judge Todd D. Eisenberg, who after a twoday, non-jury trial in January convicted Caspar of deceptive business practices.
“You took advantage of them. You defrauded these people,” Eisenberg addressed Caspar. “It’s going to take a long time for you to pay this money back to them.”
While state officials are likely to revoke Caspar’s contractor’s license as a result of his conviction, the judge did make Caspar eligible for the jail’s work release program with the hope he can find some sort of employment to help begin to pay back the victims.
The judge ordered Caspar to pay the elderly couple $242,218 in restitution, an amount agreed to by Caspar and the victims. Caspar must report to jail on April 27, the judge said.
Court documents indicate Caspar operated a business known as “John Caspar Once and Done.”
During the trial, an 86-year-old woman, a retired New York Times reporter, testified she and her 90-year-old husband, a retired New York City detective, hired Caspar, whom they considered a friend, in April 2015 to renovate their newly purchased residence in a retirement community along Pond Lane in Lower Merion
“Jack’s work was good. We trusted him. Then we found out how much he lied to us. I don’t trust him anymore,” the woman, who approached the witness box with the aid of a walker and an oxygen tank to assist her breathing, testified on Wednesday.
“I am a retired journalist and my husband is retired from a career in law
enforcement, two occupations in which it is not possible to become rich enough to suffer the losses of this magnitude without significant pain,” the woman added during an eloquent statement to the judge.
Caspar apologized to the woman and admitted he was fearful of going to jail.
“I know what happened was wrong. I know it hurt them. It is painful to see
how much they suffered,” Caspar said.
When defense lawyer Henry S. Hilles III acknowledged Caspar wasn’t “sitting on a trust fund” to pay back the couple, Assistant District Attorney Christopher Daniels fired back, pointed to the elderly woman and said, “He had a trust fund. She’s sitting right here.”
“He deceived them. He didn’t care. He could care less about (the victims). He was off living his life, doing his thing. He’s made zero payments. They’ve
never seen a nickel out of this guy,” Daniels argued as he sought jail time against Caspar.
Hilles argued for leniency in the form of probation for Caspar, pointing out Caspar had no prior criminal record.
“My client is very remorseful about what happened here. He didn’t set out to steal from these people. To some extent the circumstances of his business led to this,” said Hilles, who also read from a letter in which Caspar wrote, “I want to work to set this
right.”
With the deceptive business practices charge, Daniels alleged Caspar, during the course of business, did deliver less than the quantity of service he promised the victims.
The judge acquitted Caspar, who was represented at trial by defense lawyer Megan Schanbacher, of a more serious felony charge of home improvement fraud.
The project, which Caspar allegedly promised would be completed by November 2015, required interior demolition, renovation and some exterior work and the initial estimate for the project was $220,605, according to a criminal complaint filed by Lower Merion Detective Brian Layton.
By October 2015, the project’s estimated cost swelled to $380,299, according to court documents. The project was not completed by November 2015 and the elderly couple had to make arrangements to live in other places, including
a handicapped accessible hotel, and shifted residences 36 times, according to testimony.
Having to pack and move and adjust over and over again caused stress and physical and psychological effects, the woman testified.
“We can’t, of course, put a dollar value on the emotional, physical and psychological effects of Jack’s betrayal,” the woman said.
According to testimony, the couple paid Caspar a total of $406,995 during the project.
According to detectives, by March 2016, the renovation was only about 50 percent completed. When Caspar couldn’t provide an accounting or an estimate for completion of the project, the couple fired Caspar, according to testimony.
Testimony revealed the couple subsequently had to hire another contractor and pay an additional $228,000 to have the project completed.
The woman testified she and her husband then went to police to report Caspar’s conduct and “this misery.”
When Caspar was interviewed by detectives he admitted receiving more than $300,000 in payments from the couple and that he could not refund any money to the victims for the unfinished work. Caspar estimated that he completed about 70 percent of the project as of March 2016, according to court documents filed by detectives.
“Caspar further stated that money from the (victims’) project was used to pay for other projects he was involved in,” Layton alleged. “He stated in his statement that he felt the project was at least 70 percent finished. With that calculation, Caspar should have at least $105,000 to refund to the (victims).”
When Caspar testified during the trial he implied that the construction delays were out of his control.