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AG hits CoiNuts with lawsuit

David Cole | Hagadone News Network | UPDATED 11 years, 7 months AGO
by David Cole
| April 18, 2013 9:00 PM

The Idaho Attorney General's office filed a lawsuit against Kevin E. Mitchell and his now-closed coin shop, CoiNuts, alleging "multiple and repeated" violations of the Idaho Consumer Protection Act.

The Press reported earlier this year that CoiNuts allegedly swindled several dozen of its customers. Many claim to have lost tens of thousands of dollars, and others hundreds of thousands of dollars. Mitchell, 47, of Hayden Lake, hasn't been charged criminally in connection with the alleged swindling.

"We are continuing to review documentation and working with the Coeur d'Alene Police Department," Kootenai County prosecutor Barry McHugh said Wednesday.

Stephanie Guyon, an attorney for the Attorney General's consumer protection division, said she is hoping to hear from additional former customers.

"It certainly helps our office determine the scope of the harm," Guyon said. Complaint forms are on the Attorney General's website.

"I haven't heard anything about (the lawsuit)," Mitchell said when reached on his cell phone Wednesday. He declined further comment.

The lawsuit was filed Tuesday in 1st District Court in Kootenai County. Mitchell's step-daughter, Sarah M. Mitchell, 30, also is listed as a defendant. Kevin Mitchell owned CoiNuts, located at 296 W. Sunset Ave., just off U.S. 95 in Coeur d'Alene, and Sarah Mitchell worked there. The shop was closed in July.

According to the lawsuit, the Mitchells, through CoiNuts, "engaged in false and deceptive business practices by failing to deliver gold and silver coins, along with other goods, to consumers who prepaid (the Mitchells) thousands of dollars."

Don Macdonald, a Hayden resident and alleged victim of the Mitchells, said, "I'm delighted with the Attorney General's response with this."

Macdonald, who bought thousands of dollars in coins he never received, filed his complaint with the Attorney General's office in June.

"Hopefully it will inspire the Kootenai County prosecutor's office to move ahead with criminal charges against these people," Macdonald said.

Joseph Mein, an attorney in Coeur d'Alene who has represented two alleged victims, said he's happy to see the Attorney General's office involved.

"(Mitchell) was a smooth operator," Mein said. "He's like a mini Bernie Madoff."

The pressure is definitely building around Kevin Mitchell, and not just in court.

In February, a title company filed a "notice of default" with the Kootenai County recorder's office. The notice said Mitchell failed to make the $3,760 monthly payment, starting in November, on his home at 37593 E. Hayden Lake Road.

"As of Jan. 31, 2013, there is due and owing on the loan an unpaid principal balance of $840,175.59, accrued interest in the amount of $17,309.97 and late fees in the amount of $1,096.05 for a total amount due of $858,581.61," the notice said.

Separately, Mitchell might also be under investigation by the Internal Revenue Service.

Coeur d'Alene police Det. Brandon McCormick, in a March 16 email to an alleged CoiNuts-Kevin Mitchell victim, wrote, "I have also been speaking with an IRS agent who now has my entire case file on CoiNuts she is reviewing."

IRS spokeswoman Karen Connelly declined to comment.

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