Judge: CoiNuts owner violated laws
David Cole | Hagadone News Network | UPDATED 10 years, 1 month AGO
COEUR d'ALENE - A 1st District Court judge has agreed with state prosecutors and ruled that CoiNuts owner-operator Kevin Mitchell has violated consumer protection laws.
"We are very pleased with the judge's decision to grant our motion for summary judgment," Idaho Attorney General Lawrence Wasden said Thursday. "There is some work for my office to do on this case, specifically establishing restitution for those consumers who have been damaged and suffered financial losses."
The purpose of summary judgment proceedings is to eliminate the need for a trial when the facts are not disputed.
Judge Lansing Haynes also banned Mitchell from selling gold and silver in Idaho.
"The fact that years have passed and Mitchell has not provided his former customers with their purchased gold and silver shows that he has violated the (Idaho Consumer Protection Act) and (Idaho Rules of Consumer Protection)," Haynes wrote in his ruling Monday.
Mitchell didn't bring forward any evidence which would have challenged the facts presented by the state.
Mitchell was the owner and operator of CoiNuts from November 2007 through February 2013, Haynes said.
From 2008 through 2012, Mitchell's shop accepted approximately $978,000 from at least 17 consumers for metals.
The customers have a total remaining loss today of $595,000, Haynes said.
Mitchell also is charged with felony theft by false promise in Kootenai County court. A trial is scheduled for Jan. 27.