RICO charges pending against Fort Myers man

Andrew J. Faiman, 48, of 8302 Charter Club Circle, Apt. 1, Fort Myers, was the secretary and treasurer for Despirito Kitchen and Bath Inc., 13081 Metro Parkway, Unit 5, Fort Myers, before it closed in June, according to state records. He is charged with one count of racketeering under the federal Racketeering Influenced Corrupt Organizations Act after cashing almost 20 clients' deposit checks without completing their home refurbishing projects, Lee County Sheriff's Lt. Richard Schnieders said Tuesday.

"He could be arrested in a week or two if he's in town," said Schnieders, the lead investigator for the State Attorney's Office's Economic Crimes Unit.

Faiman could not be reached for comment at his last known address in Fort Myers. The defunct business' public relations number, listed on state records, was not in service Tuesday. A message was left Tuesday at a second number listed with the Florida Department of State's Division of Corporations, but Faiman was unavailable for comment. A law enforcement document, similar to an arrest warrant, has been issued for Faiman's arrest.

"The majority got nothing done for their work," Schnieders said. "Often, checks and deposits were cashed at Money Corner. It looks like money was just going into his pocket. (Despirito staff) said it's a way for them to get their money quickly."

If convicted, Faiman could be sentenced to up to 30 years in prison, but Schnieders said the maximum sentence rarely is imposed.

Schnieders said 18 or 19 Lee, Collier and Charlotte county residents typically paid between $1,500 and $2,000 to the company in deposits for refurbishing work on their kitchens or bathrooms. One resident in Bonita Springs, seven residents in Naples, one resident in Estero, and one resident on Marco Island are among the customers who paid Faiman for work without having any or all of the contracted project completed, Schnieders said. He said Faiman cashed $59,829 worth of checks without providing customers what they paid for.

According to Faiman's arrest warrant, he then lied to customers when confronted about their projects.

Assistant State Attorney Doug Sprotte said the nature of the case led them to charging Faiman with racketeering instead of theft.

"Racketeering is when you run a business through a series of thefts," he said. "He runs a business by being a thief."

Schnieders said in order for Faiman to be charged with violating RICO he had to have operated an enterprise such as a business or association that was involved in criminal racketeering activities, such as promising to complete paid- and contracted-for work but not doing so.

Investigators worked on the case for about five months. The first complaint was lodged in June.