MITCHELL — A Mitchell man faces theft and fraud charges after a Lawrence County Sheriff’s Department investigation into a $19,000 payment for fence work that was never completed.
Joseph Biaso, 45, of Mitchell, is accused of theft and fraud in connection with payments made by a customer for a fence to be installed around a pool at a residence on State Road 37, according to a probable cause affidavit.
The investigation began July 22 after the customer contacted the Lawrence County Sheriff’s Department about concerns that Biaso had not completed the work or returned his calls.
According to the affidavit, the customer said he initially contacted Biaso through Facebook Marketplace after Biaso offered contracting services. Biaso provided an invoice from Install Fencing Solutions detailing the materials and costs for the project.
The customer agreed to pay $9,500 toward the project and sent Biaso a certified check through his bank. The check was mailed to an address on Stevens Lane in Mitchell.
After receiving the check, Biaso reportedly told the customer the funds would take about 12 business days to clear and that he could not purchase materials until the check cleared.
The customer then asked Biaso to return the check so he could destroy it and send the money another way. According to the affidavit, Biaso agreed and later sent the customer a photograph showing the check had been ripped up.
The customer subsequently sent Biaso another $9,500 through Zelle.
The customer told police that both the original check and the Zelle payment ultimately cleared his account, meaning Biaso had received a total of $19,000.
At the time of the initial investigation, the customer told police he did not want to pursue charges if Biaso still intended to complete the work.
Sgt. Whitney Daugherty then spoke with Biaso while he was incarcerated at the Lawrence County Jail.
According to the affidavit, Biaso told Daugherty the total cost of the project was $18,419.44 and said the $9,500 payment was intended as a down payment and to purchase materials. Biaso said he intended to complete the work and did not know the original check had cleared.
Biaso was released from jail July 23 and subsequently remained in contact with the customer, telling him he still intended to complete the work but that the materials had not arrived.
The customer later contacted the company Biaso allegedly ordered the materials from and was told the company did not have materials being made or purchased for the project, according to the affidavit.
On July 28, Biaso reportedly left an envelope containing $80 at the customer’s residence and said he would gather the remainder of the money to repay him.
The customer said Biaso was supposed to provide proof of the material purchase and the remainder of the money on July 31 but failed to do so. The customer then told police he wanted to pursue charges.
The affidavit states investigators obtained copies of communications between Biaso and the customer, along with documentation showing the payments had cleared.
Biaso faces charges of theft and fraud. The charges are allegations, and Biaso is presumed innocent unless and until proven guilty in court.
