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PATERSON DOG BREEDER CHARGED IN THEFTS - The Record (Bergen County, NJ)

JENNIFER V. HUGHES, Staff Writer
The Record (Bergen County, NJ)
05-17-2000
PATERSON DOG BREEDER CHARGED IN THEFTS -- ALLEGEDLY CHEATED CLIENTS OF $91,000

By JENNIFER V. HUGHES, Staff Writer
Date: 05-17-2000, Wednesday
Section: NEWS
Edition: Two Star P

A Paterson dog breeder and trainer, already on probation for theft,
was indicted Tuesday for allegedly bilking customers nationwide out of
more than $91,000 -- promising purebred and highly trained dogs, but
instead delivering commonplace canines with health problems.

Derrick V. Chestnut, 34, sometimes took his customers' money -- up
to $8,500 per animal -- but never delivered the dogs, said Eileen Kane,
the Passaic County senior assistant prosecutor handling the case.

Those allegedly scammed include an Illinois woman who gave Chestnut
$3,250 for a dog that was never sent, and a California woman who paid
$13,500 for two dogs -- one had severe physical disabilities when
delivered, and the other never arrived.

'Most of the people were dog lovers so they kept the dogs anyway,'
Kane said. 'As one victim said, `I just bought myself one very expensive
house pet.' The point was that they were buying them for a special
purpose; they weren't buying them for house pets.'

Neither Chestnut nor his attorney could be reached for comment.

Chestnut Dog Command, his former Haledon business, no longer is
listed in Passaic County.

Chestnut, on probation for a 1997 theft, has two other arrests on
theft charges. In both cases, in 1989 and 1995, he was sentenced to
probation, according to court records. He also has been repeatedly named
a defendant in civil lawsuits filed in Passaic County and was fined $500
in Totowa Municipal Court in 1994 for neglecting one of his dogs.
Details on those civil and criminal cases could not be obtained Tuesday.

Kane said that from April 1994 to July 1999 Chestnut victimized
people in Totowa, Wayne, and Paterson, but also scammed people in
Wisconsin, Illinois, Michigan, and California. All told, nine people
lost $91,400, according to the 20-count indictment handed up Tuesday by
a grand jury in Passaic County.

Kane said Chestnut often found people through advertisements in Dog
World magazine. He allegedly claimed his dogs were purebred and trained
in the Schutzhund method -- a German regimen that teaches dogs obedience,
protection, and tracking. And people were willing to pay, Kane said.

In August 1996, a Paterson couple, Darryl and Gathlyn Smoot, paid
Chestnut $4,000 for one of the specially trained dogs for home
protection. Soon after, they received a German shepherd, but it wasn't
what they expected.

'They said that a contractor came over to their home one day and
was working on the gutters and the dog was just lying in the kennel,'
Kane said. 'Eventually, the guy just came up and gave the dog a
sandwich.'

Kane said the investigation into Chestnut started early in 1998
after some victims contacted her office. Other alleged victims came
forward after word spread through the dog breeding community, and still
more heard about Chestnut through the Internet after alleged victims
posted Web sites.

An Internet search revealed anonymous Web pages that mention
Chestnut. One asks other alleged victims to respond by e-mail, saying:
'With your help, we can rid the dog world of this criminal.' Another
says: 'This guy is a real slug and gives every honest dog breeder and
importer a black eye.'

Kane said another of Chestnut's victims was a former Passaic County
sheriff's officer, who in April and May 1994 paid almost $5,000 for part
ownership of two female dogs in order to get a share of the profits that
would come from their puppies. In the next two years, Sheriff's Officer
Herbert Dekorte of Wayne also purchased three dogs. But Dekorte never
saw profits from the puppies and he also never got his dogs -- losing
$18,650.

In Dekorte's case, as in others, Chestnut gave his customers checks
to repay their money, but when they tried to cash them, they were told
that the account had been closed, Kane said.

Other people were promised German shepherds that were free from hip
problems -- a common disability with the breed. Kane said that in several
cases, Chestnut forged pedigree papers to cover up the dogs' health
problems.

In addition to the dog cases, Chestnut allegedly scammed a
19-year-old clerk he met at a Totowa office supply store out of $18,000
the teenager won in a personal injury lawsuit. Kane said that in January
1998, Chestnut told the teen he could double his money in a week if he
lent him $10,000.

The clerk, Robert Kirby, agreed and gave Chestnut the money, which
he had been keeping in cash in a safe-deposit box. But after a week,
when the profits didn't show up, Chestnut told Kirby that he needed the
rest of the cash -- $8,000 -- which Kirby agreed to hand over.

Kane said Chestnut eventually gave Kirby a check to repay him, but
the account was closed.

Chestnut's wife, Carolyn, was charged in the indictment with two
counts of theft by deception. Another Paterson man, Terry Kelly, was
charged as an accomplice with counts of theft by deception and attempted
theft by deception because, on several occasions, money was sent to his
account, Kane said.

In total, Chestnut was charged with 14 counts of theft by
deception, two counts of attempted theft by deception, two counts
relating to bad checks, and two counts of forgery. One of the counts,
which represents the total dollar amount, carries a maximum 10-year
prison term.

Chestnut also was charged in a separate indictment, also handed up
Tuesday, with another theft. In June 1999, he allegedly agreed to sell a
car to a Totowa man and took $3,200, but never delivered the vehicle.

Keywords: PATERSON. ANIMAL. BUSINESS. THEFT. FRAUD

Copyright 2000 Bergen Record Corp. All rights reserved.