WILMINGTON, Ohio (WCMH) — An elderly couple’s investment for a new home turned out to be a scam that left them empty-handed, Ohio Attorney General Dave Yost said Tuesday.

A Clinton County grand jury indicted Michael Foster, of Blanchester, with three felony charges, including two counts of theft from a person in a protected class and one count of telecommunications fraud. The elderly couple gave a down payment to Foster and his business, Five 13 Properties, to build a home for them, according to the indictment.

However, Yost said that Foster did not handle any work or bring any materials related to building the home, and he didn’t issue a refund to the couple. He then texted the couple between June 2021 to January 2022 to lead them on while also continuously receiving more money from them for the promised house.

The Economic Crimes Unit from Yost’s office will handle prosecuting Foster’s case. Clinton County court records showed a judge had issued a warrant for Foster, but that no appearances had been scheduled as of Tuesday evening.