District Attorney

Posted on: January 30, 2015

Oceanside Gym Owner Indicted on Gun, Larceny, and Criminal Possession of Stolen Property Charges

MINEOLA, N.Y. – Acting Nassau County District Attorney Madeline Singas announced the arraignment of an Island Park man on grand jury charges for using the credit card numbers belonging to members of his Oceanside gym to steal thousands of dollars in merchandise, for possession of stolen merchandise from Home Depot and for possession of a loaded firearm found in his home.

Thomas Donovan, 39, was arraigned before Nassau County Court Judge Meryl Berkowitz on the following grand jury charges:

  • Criminal Possession of a Weapon in the 2nd Degree (a C violent felony)
  • Two counts of Criminal Possession of a Weapon in the 3rd Degree (a D felony)
  • Grand Larceny in the 3rd Degree (a D felony)
  • Criminal Possession of a Firearm (an E felony)
  • Scheme to Defraud in the 1st Degree (an E felony)
  • Two counts of Falsifying Business Records in the 1st Degree (an E felony)
  • Criminal Possession of a Weapon in the 4th Degree (an A misdemeanor)

Judge Berkowitz continued bail at $100,000 cash or bond. If convicted of the top charge, Donovan faces a minimum sentence of 3-1/2 years in prison. He is due back in court before Nassau County Court Judge Jerald Carter on Feb. 10. 

“Customers should be able to enroll in automatic monthly credit card payment plans without worrying about the unauthorized use of their personal financial information,” Acting DA Singas said. “I encourage any other patrons of this defendant’s business who suspect unauthorized charges were made to their accounts to contact my office’s Tipline immediately.”

Acting DA Singas said that between Nov. 17 and Dec. 9, 2014, Donovan, as the owner of 5 Star Kickboxing in Oceanside, previously known as KOXO Kickboxing, engaged in a scheme to fraudulently obtain property from Home Depot by using credit card information of individuals who signed up for fitness classes at his gym.

On multiple dates, Donovan acted in concert with another individual, who would visit various Home Depot locations in Nassau and Suffolk Counties to select various items for purchase, bring them to the Pro Desk, and supply the cashier with the name and phone number of a fictitious contractor.

Home Depot employees would then call the telephone number to obtain credit card information for payment. Donovan would answer the phone, assume the identity of that fictitious contractor and supply, as payment, credit card account numbers, security codes and expiration dates without the permission or authority of the cardholder. 

The credit card information used to pay for the Home Depot merchandise was obtained by Donovan from clients of his kickboxing gym.

During the investigation, eight search warrants were issued and executed at the defendant’s home, business, and vehicles. The defendant was found to be in possession of a loaded .25 caliber pistol as well as thousands of dollars of Home Depot merchandise. Home Depot sustained a loss of more than $29,000.

Donovan was arrested by the Nassau County Police Department Crimes Against Property Squad on Dec. 9 at his Island Park home.

Members of 5 Star Kickboxing, or Donovan’s previous business, KOXO Kickboxing, who suspect unauthorized charges to their credit card accounts should contact Acting DA Singas’ Tipline for Crimes in Nassau County at (516) 571-7755.

Assistant District Attorneys Matthew Sotirhos and Whitney Matthews of Acting DA Singas’ Economic Crimes Bureau are prosecuting the case. Donovan is represented by Michael DerGarabedian, Esq.

The charges are merely accusations and the defendant is presumed innocent until and unless found guilty.

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