Charges against a Tamaqua businessman accused of fleecing an elderly couple out of nearly $320,000 have been bound over to Schuylkill County Court.

However, three charges leveled against Alfonso Picone, 45, of 181 Owl Creek Road, Tamaqua, who is part owner of La Dolce Casa/DiMaggio's Restaurant in Tamaqua, were dismissed by Magisterial District Judge Stephen Bayer of Tamaqua, following a near two-hour preliminary hearing before a standing-room-only courtroom Thursday afternoon.Picone faced charges on four counts each of dealing in proceeds of unlawful activities with intent to promote, knowledge that property is proceeds of an illegal act, theft by unlawful taking, receiving stolen property, theft by deception/false impression and theft by deception/prevention of acquisition of information.Before the hearing began, the commonwealth's attorney, Michelle Laucella, deputy attorney general with the Pennsylvania Attorney General's Office, requested that the 24 felony counts against Picone be combined.Laucella added an extra theft by deception count, a third-degree felony.Laucella also asked that the criminal complaint against Picone be amended to reflect an increase in the total amount the commonwealth alleges Picone stole from the victims.Laucella called several witnesses to the stand: Brian Campbell, from the Schuylkill County Office of Senior Services in Pottsville; Dennis Houser, an independent forensic certified public accountant hired by the attorney general's office; and Rush Township patrolman Thomas Fort.Nicholas Quinn of Pottsville, Picone's attorney, did not call any witnesses during the hearing.Elderly coupleCampbell said he was investigating exploited money from John and Ella Burnard, whom he said was an elderly Lake Hauto couple.On Dec. 24, Campbell spoke with John Burnard, and told him that he had concerns with regard to Burnard's financial relationship with Picone, whom he said has been the defendant in multiple lawsuits for non-payment of services, and has been convicted of failure to remit sales tax.Campbell said John Burnard was very repetitive, and described Ella as suffering from severe confusion.The couple told Campbell they ate at Picone's restaurant routinely, where they received free meals.John Burnard told Campbell that he had loaned Picone $40,000, and added his name to the couple's checking account in July 2014.Burnard also began moving money from the couple's Stifel portfolio account to one managed by a friend of Picone's. However, Burnard could not remember that friend's name.He then gave Campbell permission to check into the couple's accounts.Campbell scheduled a forensic financial audit, as well as a health check up to determine the couple's financial competency.Dr. Gary Champlin diagnosed the couple with major neurocognitive disorder, and noted that cognition is severely compromised.Campbell then turned the case over to Fort.On Jan. 13, 2014, Ella Burnard issued a check to Picone in the amount of $30,000, which on Jan. 14, Picone deposited into the Wells Fargo bank account.On Jan. 12, Fort interviewed the couple at their home. Campbell attended the interview, along with the couple's son, Kurt Burnard.John Burnard said the first time he loaned Picone money was for $20,000. Picone never paid the loan back.Picone would ask the couple for money in cash, and would have John Burnard withdraw cash from the couple's account.At no time, according to the couple, did they give him approval to pay his own personal bills out of their account.Bank accountThe couple was told by Picone to put his name on their bank account so it would be easier to pay the Burnard's bills.The audit found numerous checks made out to entities that have no connection to the couple, as well as several large withdrawals and deposits.That includes checks to contractors, checks made out to Picone and a check for $5,000 made payable to La Dolce Casa.In total, $315,492.47 was paid to Picone from the couple's account between Jan. 1, and Dec. 31, 2014, according to an audit conducted by Linda Mill, a certified fraud examiner with Temple University.That amount was increased to $319,000 after additional missing money was found by investigators, according to Laucella.Quinn cross-examined each of the prosecution's witnesses.Quinn said that the commonwealth failed to prove that Picone committed the crimes, and that since the victims were not present in the courtroom, it denied Picone his right to confront them.Laucella disputed that the victim did not have to attend the hearing because hearsay is allowable testimony during a preliminary hearing, and that Picone took money without the couple's permission.The charges of dealing in proceeds of unlawful activities with intent to promote, knowledge that property is proceeds of an illegal act, theft by unlawful taking, and receiving stolen property were bound over to county court by Bayer.Bayer dismissed the charges of theft by deception/false impression, theft by deception/prevention of acquisition of information, and theft by deception.Picone remains free in lieu of $100,000 bail, 10 percent.