'Simply exercising their faith': Practices by psychics charged with stealing $40m from customers are protected by religious rights, lawyer says



A family of psychics accused of stealing $40million from their clients to 'cleanse them of evil spirits' had a constitutional right to practice what they considered to be part of their religion, their lawyers said.

Police in Fort Lauderdale, Florida say the nine fortune tellers from the same family of Romani people, or gypsies, told customers that they had to hand over their valuables or they would be haunted.

The family, led by ringleader Rose Marks, refused to give back money and jewelry given to them by customers convinced that the fortune tellers could remove evil spirits and curses, authorities said.

Accused: Police say Nancy Marks, 42, is among nine psychics who stole $40million from vulnerable customers who wanted their fortunes told

But the psychics were only trying to help others through their religious beliefs, said an attorney for Nancy Marks, 42, in a 24-page legal document



The woman was only trying to help others through her religious beliefs, attorney Michael Gottlieb wrote in a legal document supported by attorneys for other psychics involved in the case.

Gottlieb went on to write: 'Nancy Marks' conduct is rooted in her religion and spirituality. Based upon this prosecution, the defendant has lost her livelihood and has been unable to make a living using her historical religious and spiritual gifts.'

The family was arrested last August after police were told a client lost $3,000.

Through investigations, authorities determined that the family targeted vulnerable people going through difficult times.

The fortune tellers would tell their customers that they could conduct psychic healing on them, including curing diseases and cleansing souls if the clients gave up their valuable items.

Jude Deveraux, who has written bestselling romance novels, was one of the clients police say was defrauded after she suffered several miscarriages and the traffic death of her 8-year-old son.

'Rooted in religion': The nine psychics met with clients at storefronts like this one (pictured) asking for cash and jewelry to cure customers of disease and evil

If the customers were unhappy, they were told they had a money-back guarantee.

However, the psychics would keep the cash and other valuables given to them and use it to support their lavish lifestyle, authorities said.



Luxury cars, an extravagant home and $1.8million in gold coins were among the items federal agents say the family purchased after they defrauded their clients.

It is not illegal to tell fortunes, police said. The family, though, performed criminal acts when they would not return any items they took from their customers, according to authorities.

'Constitutional protection': Lawyers for the psychics say the family had a religious right to conduct their practices as it was their beliefs (file photo)

The psychics' lawyers argued that the family's practices were consistent with other religions that hold services and accept money to keep up with operational expenses.

Their rights are protected by the First Amendment because it is legal to have spiritual beliefs that aren't 'consistent or comprehensible to others.'



Gottlieb, the lawyer for Nancy Marks, said the family is being mistreated because their religious beliefs are not considered mainstream.

'Yet none of these individuals,' Gottlieb said of other types of preachers and healers, 'endure the constant derogatory label of being called a Gypsy for simply exercising their faith or practicing their chosen profession.'



A judge will likely decide on the issue in upcoming weeks.