Marciniak

ESCANABA — Jurors found Steven Jacob Marciniak not guilty on four counts of fraud Wednesday after deliberating the fate of the Escanaba businessman accused of cheating four individuals who sold coins to him or loaned him money.

Marciniak, 46, was arrested in 2016 and charged with four counts of common law fraud, each a 10-year felony, in connection with incidents at his consignment/coin shop in Escanaba during 2013 to 2015.

Marciniak’s trial took place Tuesday and Wednesday in Delta County Circuit Court. Testimony was given by the four alleged victims, an additional witness, and a police detective. Closing arguments were presented to the six-woman six-man jury Wednesday afternoon, followed by three hours of deliberation that ended around 6:30 p.m.

During closing arguments Wednesday, Delta County Prosecutor Philip Strom asked the jury to convict Marciniak and declare him guilty of the four fraud counts based on witness testimony, 16 documents presented as evidence, and the jurors’ own common sense.

Strom argued that Marciniak knowingly made false and misleading statements to the four men when they agreed to do business with the defendant, owner of the former Ye Old Coin Shop on Ludington Street in downtown Escanaba.

“This was a crime motivated by money… quick money,” commented Strom.

Nine transactions between the four witnesses included Marciniak agreeing to pay the individuals money for gold or silver coins, agreeing to trade silver coins for gold, or agreeing to pay back loans he received from them, each within a specific time period, explained Strom.

Despite the individuals’ efforts to recoup their property or money, Marciniak did not pay them back as promised even though the defendant had the ability to pay, stated Strom.

The prosecutor provided as evidence Marciniak’s bank statements at the time. Strom said wire transfers from a gold trade center in Detroit were deposited in Marciniak’s accounts shortly after he received the men’s precious metals; cash withdrawals were made from these accounts immediately after wire transfers were received.

According to Strom, the witnesses’ losses amounted to a total of $56,704 while more than $200,000 was wired into Marciniak’s account from the precious metals company in Detroit.

Escanaba Public Safety Det. Todd Chouinard testified Wednesday that he investigated Marciniak’s business documents and two bank accounts, which included U.P. Cash Express and Delta Coin & Jewelry, as well as records from the precious metals business in Detroit.

Chouinard also testified Marciniak had started a teen dance club in Escanaba in December 2014 that operated for less than a year. One of the alleged victims had loaned money to Marciniak for the new business and was never reimbursed, according to witness testimony.

Strom told jurors that Marciniak’s promises to each of the victims were misleading because he did not honor the dates he promised to pay each individual and he made no effort to pay them back.

Marciniak’s attorney, Timothy Cain, argued that his client did not intend to fraud or cheat the four men and intended to pay them from the start, but due to his “undercapitalized business,” the defendant went in over his head and the business collapsed.

Cain said Marciniak did not misrepresent promises to the four individuals, but was not able to pay them back because of the failing business. The attorney also said there were successful transactions that were followed by additional agreements.

Cain suggested to the jury that Marciniak is not guilty of “this crime” — common law fraud — and that the prosecution did not prove his client was guilty beyond a reasonable doubt of “this set of crimes,” saying the prosecution “may have picked the wrong charge.”

Cain also told jurors during his closing argument, “There’s a difference between revenue and profit. Keep that in mind.” The attorney also noted Marciniak could have walked away “Scot free” from all debt by filing for bankruptcy.

During Strom’s rebuttal, the prosecutor said there was no evidence Marciniak’s business was collapsing, but there was evidence he was taking in large amounts of cash from the Detroit gold center and withdrawing large amounts of cash that coincided with when the deals were made with the four men.

Prior to the jury beginning deliberations Wednesday afternoon, Judge John Economopoulos instructed jurors to decide each count on the facts presented, apply the law to each case, and use their common sense to weigh and judge the evidence presented.

Escanaba Public Safety began investigating fraud allegations against Marciniak in the fall of 2015. He was arrested on June 14, 2016 on the four fraud counts. He was lodged in jail and later released after posting $1,000, or 10 percent of a $10,000 bond.

Each fraud charge stated Marciniak committed “a gross fraud or cheat at common law by obtaining or soliciting” property from each victim “through misrepresentation” during September 2013 to August 2015 and never returning the property or cash as agreed.

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Jenny Lancour, (906) 786-2021, ext. 143, jlancour@dailypress.net