Judge upholds restitution order for Export con man
By Rich Cholodofsky
Published: Thursday, Sept. 5, 2013, 12:01 a.m.
A convicted Export con man will have to pay more than $150,000 in restitution to the former owners of a Murrysville restaurant that he defrauded a decade ago.
In a one-sentence order issued Wednesday, Westmoreland County Judge Debra Pezze refused to grant a hearing to David F. Anzur, who contended his victims unjustly profited by keeping his property when a deal to purchase Spadaro's Restaurant on Route 22 fell apart in 2004.
Anzur, 43, of Export, wanted to have his restitution payments reduced or even eliminated.
Anzur was convicted in 2005 on charges of bad checks, theft and deceptive business practices.
Prosecutors said Anzur operated a scam in which he wrote $2.7 million in bad checks to buy Spadaro's, court records show.
David Anzur was sentenced by Pezze to serve six to 23 months in jail, then 10 years on probation.
The judge ordered Anzur to repay the Spadaro family more than $200,000 for their losses.
Earlier this summer, Anzur, through his attorney, Allen Roth, asked Pezze to convene a hearing to alter his restitution requirements. Court records indicate Anzur still owes the Spadaros more than $150,000.
Spadaro's closed in 2010 and according to prosecutors the owners never recovered financially from the 2004 fraud. The property is now the site of a strip mall.
Repeated attempts to contact the Spadaros for comment have failed.
In the years that followed Anzur's arrest, Roth contended the Spadaros received “unjust enrichment” because they kept items of value — worth more than $264,000 — that Anzur left in the restaurant.
In court documents, Roth included an itemized list of pictures, entertainment equipment and sports memorabilia, such as signed hockey equipment from former Pittsburgh Penguins star Jaromir Jagr, whom prosecutors said Anzur falsely claimed was his business partner.
Jagr said he knew Anzur but had no business dealings with him.
Roth said Wednesday he did not know whether Anzur would appeal Pezze's ruling.
“I wish he would have had an opportunity to present his evidence,” Roth said.
Assistant District Attorney Pete Flanigan said he was gratified that the judge ruled on the case without having to convene a hearing.
“The Spadaros have gone through more than enough. To have this dragged up again didn't seem fair,” Flanigan said.
Rich Cholodofsky is a staff writer for Trib Total Media. He can be reached at 724-830-6293 or firstname.lastname@example.org.
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