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Marchiano facing child custody, neighborhood problems in Naples
Saturday, July 24, 1999
By GINA EDWARDS, Staff Writer
While Naples millionaire Anthony Marchiano is fighting criminal and civil stock fraud charges in New York, he's got legal troubles in Collier's civil courts - a child custody battle and a fight with his Gordon Drive neighbors.
Marchiano's Gordon Drive home. File photo
Four families who live off Gordon Drive sued Marchiano to force him to chop down the sea grape bushes and trees he planted that block their access path to the beach. The case has dragged on for two years.
In March, Marchiano agreed to cut some of the shrubs, build some stairs and clear a 5-foot path, but he hasn't fully complied with the lawsuit settlement.
Earlier this month, neighbors A. Stockton and Marjorie Renfroe, Robert and Arlene Kovera, Edward and Susan Yawney and H.W. Sherrill asked a judge to force Marchiano to clear the path. They say there still are boulders and sea grape bushes in the way.
Absent compliance, the neighbors now are asking that the full 10-foot easement next to Marchiano's beachfront mansion be cleared. An attorney representing Marchiano's Gordon Drive neighbors was unavailable for comment.
Marchiano's Atlanta attorney, Wilmer "Buddy" Parker, said Marchiano's dispute with his neighbors is the least of his worries now.
"Unless a New York judge modifies a court order, he's not going to be spending any money on that," Parker said.
Earlier this month, a judge froze Marchiano's assets. Prosecutors with the Manhattan District Attorney's office claim Marchiano headed a criminal enterprise that bilked $100 million out of investors from around the country, including a number of whom were elderly and lost their life's savings.
In the event of a conviction, the state can seize Marchiano's assets to pay back investors.
Marchiano, 37, paid cash for his $3.5 million beachfront mansion at 3630 Gordon Drive in 1996, when prosecutors say he fled law enforcement in New York. Marchiano is fighting the stock fraud charges and has denied wrongdoing.
Last week, a New York judge declined to lift a temporary freeze of Marchiano's assets.
Marchiano has petitioned the New York court to allow him to pay for legal expenses and $26,495 a month for living expenses - including $200 a month for toiletries, $300 a month for dry cleaning, $800 monthly for food and $4,300 for car lease payments. Marchiano owns 30 vehicles as part of his luxury car collection that includes four Ferraris, a Lamborghini and two Aston Martins.
Anthony Marchiano
Marchiano also has asked the New York judge to release $20,000 for legal expenses to fight his child custody battle in Collier.
So far, Marchiano and prosecutors haven't reached an agreement over what living and legal expenses should be unfrozen, Parker said.
In the local custody case, a judge ordered Marchiano in March to abide by an agreement to allow his ex-wife supervised visitation of their 9-year-old son. The local judge's order said Marchiano unilaterally had stopped the visits.
But Marchiano has snubbed the court order. He's prevented his ex-wife, Christine Marchiano of Deerfield Beach, from seeing their son for more than three months, Collier court documents show.
In April, Circuit Judge Dan Monaco ordered Anthony Marchiano to comply with the visits or face incarceration. Earlier this month, Monaco ordered Marchiano to cut short Anthony Jr.'s summer vacation in New Jersey and Connecticut and bring him home to Florida for supervised visits with his mother.
Now, Christine Marchiano is seeking unsupervised visits of Anthony Jr. - a move Anthony Sr. is fighting. In court documents, Anthony Marchiano's attorney says his ex-wife has acted irresponsibly, skipped past visits and is trying to use the child to extort money from Marchiano.
Last year, Christine Marchiano sued Anthony Marchiano, saying he had improperly cut her alimony payments and denied her visitation with their son. She also charged Marchiano with civil theft, saying he took money from a brokerage account in her name with more than $300,000 that she didn't know existed.
To settle that case, Marchiano paid his ex-wife $80,000 for alimony and $140,000 related to the brokerage account without admitting wrongdoing. Christine Marchiano isn't seeking more money in the new case, only unsupervised visits of their son.
Christine Marchiano's attorney declined comment. Marchiano's attorney in the custody case was unavailable for comment.
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