Affidavit released from Lake Wales Police Department on the arrest of Marcus Kirby of Lake Wales:
On 04/05/2022, I made contact with Robert Quam, who is the registered agent of the Lake Wales Care Center INC. Lake Wales Care Center is a registered not for profit corporation within the city limits of Lake Wales. The Lake Wales Care Center is an organization that helps people in need within the community.
One of the programs ran by the Lake Wales Care Center is acting as a trustee for disabled adults, as a power of attorney to help protect them and their finances. This portion of the Lake Wales Care Center’s program was in the care of Marcus Kirby. Marcus Kirby’s position within the organization was to issue funds, pay bills, and to act as a trustee for both ■■■ accounts. To help with his duties Marcus Kirby was issued a Debit Card for both ■■■ bank accounts located at South State Bank.
Marcus Kirby provided small amounts of cash to both ■■■ as an allowance controlling the flow of money the spent which was his duties as the trustee of their money.
Marcus Kirby duties within the Lake Wales Care Center recently changed which led to a new person within the entity taking over the duties. This change in personnel led to the discovery of charges on both ■■■ South State Bank accounts, which raised alarms. Due to this Robert Quam notified the Lake Wales Police Department of the situation.
The charges that raised alarm were charges on the victim’s cards for dining, groceries, large cell phone bills, gas stations, vehicle maintenance, entertainment, photography, and utilities bills.
Robert Quam then provided me with both ■■■ South State Bank Statements.
On 04/25/2022, I met with-at the Lake Wales Care Center to review the charges on her bank statements. ■■■ explained she did not have a debit card to her account and did not ever access the fund in the account. During the interview I went through the charges from 01/01/2019 to 03/31/2022.
■■■ explained she did not ever use a debit card to her account and any charges using the debit card would not be charges she knew about. ■■■ was asked if she was ever taken to a restaurant by Marcus Kirby to which she replied no. ■■■ was asked if she was ever brought food from a restaurant or grocery store to which she replied no. The total charges accrued utilizing the debit card attached to ■■■ account is $5,527.05. The $5,527.05 was utilized by Marcus Kirby for his own gains with no benefit to ■■■■ land without her consent.
On 04/25/2022, I also spoke with ■■■ at the Lake Wales Care. During his interview I reviewed the charges on his account from the dates of 06/18/2021 to 04/14/2022. ■■■■ did not have knowledge he had an account and believed the cash provided to him by Marcus Kirby was for the work he provided to the Lake Wales Care Center. ■■■■ explained he never received food from any restaurants or grocery stores from Marcus Kirby. ■■■■ stated he was provided $20.00 a week by Marcus Kirby until he complained about the amount causing Marcus Kirby to misc the amount to $40.00 a week. ■■■■ stated this was the only thing Marcus Kirby provided him.
On 04/27/2022, Marcus Kirby came to the Lake Wales Police Department with the intent to turn himself in for the crimes he committed. I walked Marcus Kirby into an interview room and read him his Miranda Rights and he stated he would like to speak with me.
Marcus Kirby provided a statement explaining the charges on the victim’s cards. Marcus Kirby explained all charges accrued from the debit card attached to ■■■■■ account was indeed him and was used only for his gain except one. The one charge was for $71.74 for Amazon he explained was not him, but every other charge on ■■■■■ account was him and for his gain alone. The total amount Marcus Kirby stated he stole from ■■■■■ was $5,455.31. Marcus Kirby went through the bank statements line by line.
Marcus Kirby continued on to ■■■■■ account. Marcus Kirby stated all charges accrued from he debit card attached to ■■■■■ account was indeed him and was used only for his gain except one. The one charge was for $8.99 for the Apothecary Shop he explained was not him, but every other charge on ■■■■■ account was him and for his gain alone. The total amount Marcus Kirby stated he stole from ■■■■■ debit card was $10,215.03. Marcus Kirby then explained the amount issued to ■■■■■ weekly was $40.00 to him and $50.00 to his aunt for helping take care of him. The total amount of cash issued Marcus Kirby stated was issued to ■■■■■ and his aunt in the 11 months he was in control of the account was $3,960.00. The amount of money withdrawn by Marcus Kirby was $11,979.00. This shows the total amount of case taken by Marcus Kirby from ■■■■■ account was $8,019.00. This makes the total amount of money taken from ■■■■■ by Marcus Kirby $18,234.03 this number was agreed upon by Marcus Kirby.
Both ■■■■■ are disabled adults when Marcus Kirby knowingly used the victim’s funds. Marcus Kirby did this with the intent to permanently deprive the victims of the use of the funds. Marcus Kirby did this to benefit him alone. At the time Marcus Kirby did this he was in a position of trust as the trustee to their accounts due to their mental capacities. I believe it to evident, Marcus Kirby breached his fiduciary duty to the victims.
I believe l meet the state requirements to charge Marcus Kirby with exploitation of a disabled adult.
I have nothing further at this time.
Charge #1Statute:825.103(3)(B). EXPLOITATION ELDERLY $10K LT $20K
Charge Description: Exploitation Elderly $10k LT $20k
Charge #2Statute: 825.103(3)(C) EXPLOITATION ELDERLY L/$10K
Charge Description: Exploitation Elderly Less than $10,000
Charge #3Statute:812.014(2)(C)3, G/THEFT $10K LT $20K
Charge Description: Grand Theft $10,000 LT $20,000
Charge #6Statute: 812.014(2)(C)2, G/THEFT $5K LT $10K
Charge Description: Grand Theft $5,000 LT $10,000