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PHILADELPHIA (CBS) — It was a story that tugged at the heartstrings but prosecutors say it turned out to be a scam. Now one of the men involved–homeless veteran Johnny Bobbitt–faces a judge for the first time in New Jersey on Friday.

Bobbitt is accused of being part of a trio involved in a $400,000 GoFundMe scam. Burlington County prosecutors say Johnny Bobbitt Jr. conspired with Katelyn McClure and her boyfriend, Mark D’Amico.

Couple, Homeless Vet Arrested In GoFundMe Scam That Raised Hundreds Of Thousands Of Dollars, Prosecutor Says

Prosecutors in the fraud, theft and conspiracy case filed a motion to keep Bobbitt in custody at the Burlington County jail and remove any chance of bail.

Bobbitt’s attorneys are fighting the motion to detain, saying he scored a 2 out of 2 on a 6 out of 6 public risk assessment.

His attorneys also introduced the chance that the case against Bobbitt May never go through the state’s criminal court system.

His attorneys signaling early, in this case, they are hoping to get Bobbitt’s case diverted to the drug court system. Likely saying addiction may have influenced any alleged role in the GoFundMe scam.

A pretrial detention hearing for Bobbitt is set for December 11.

All three are charged with theft by deception.