Victims of the Baptist Foundation of Arizona
May 4, 2001
(Phoenix, AZ) - Attorney General Janet Napolitano today announced five key players associated with the Baptist Foundation case have been indicted by the State Grand Jury in a 32-count indictment alleging $550 (m) million was obtained through fraud, theft and illegally conducting an enterprise. The defendants indicted are: William Pierre Crotts, Thomas Dale Grabinski, Lawrence Dwain Hoover, Harold Dewayne Friend and Richard Lee Rolfes. Additionally, three other defendants have pled guilty to felony charges in the BFA case: Donald Dale Deardoff, two counts of fraud schemes, Edgar Alan Kuhn, three counts of facilitation of fraud schemes and Jalma W. Hunsinger, three counts of facilitation of illegally conducting an enterprise. Most of the Foundation's upper management were paid six-figure salaries and received generous benefits on the job.
The indictment alleges that beginning in the early 1990's, Crotts, Grabinski, Hoover and Friend and Rolfes (beginning in 1996) had key roles in defrauding thousands of investors into putting money into BFA investments. BFA sold different types of investments and savings accounts, most of which were supposedly backed by collateral. Investors were told the accounts paid interest greater than most banks. Investors were told some of the profit would benefit Baptist causes. In fact, however, BFA stayed afloat by getting new investors to help meet its financial obligations. BFA officials allegedly put nonperforming assets and bad investments into "bad banks," hiding losses from investors. Investigators with the Arizona Corporation Commission and the Attorney General's Office began looking into BFA's dealings in 1998, when allegations surfaced that BFA was misrepresenting its true financial condition to potential investors. The Attorney General's Office and the Corporation Commission issued an order in the summer of 1999 requiring the Baptist Foundation to stop selling investments in violation of the Arizona Securities Act. BFA went bankrupt later that year, making it the largest nonprofit bankruptcy in U. S. history.
A civil lawsuit was filed against Arthur Andersen accounting firm last year, over allegations that the company misrepresented BFA's financial condition by giving the foundation a clean bill of health. The Arizona State Board of Accountancy filed an administrative complaint against Arthur Andersen in December, 2000, seeking $600 (m) million in restitution for BFA victims, alleging that the company's failure to reveal the true nature of BFA's financial status contributed to the Foundation's collapse.
The BFA case is one of the largest affinity fraud cases in U. S. history. The majority of BFA's victims are Arizonans, however, BFA investors are also from California, Texas and other States. Arizona received investigative assistance from the National White Collar Crime Center in this case. The investigation into BFA's dealings continues.
An indictment is a criminal charge only. All defendants are presumed innocent unless and until proven guilty.
Individuals charged by indictment:
William Pierre Crotts, Phoenix , (DOB 6/2/45), President and CEO
Legal counsel: Michael Piccaretta
3 counts Fraud Schemes/Artifices (Class 2 Felony), Maximum penalty: 12.5 years/prison
27 counts Theft (Class 2 Felony) Maximum penalty: 12.5 years/prison
1 count Illegally Conducting an Enterprise (Class 3 Felony) Maximum penalty: 8.75 years/prison
Thomas Dale Grabinski, Tempe, (DOB 1/6/60), Senior Vice-President/General Counsel
Legal Counsel: Larry Debus
3 counts Fraud Schemes/Artifices (Class 2 Felony), Maximum penalty: 12.5 years/prison
27 counts Theft (Class 2 Felony) Maximum penalty: 12.5 years/prison
1 count Illegally Conducting an Enterprise (Class 3 Felony) Maximum penalty: 8.75 years/prison
Lawrence Dwain Hoover, Paradise Valley, (DOB 12/28/35), Board Member, participated in board actions that allowed BFA to falsely portray its financial condition
Legal Counsel: Marc Budoff
3 counts Fraud Schemes/Artifices (Class 2 Felony), Maximum penalty: 12.5 years/prison
27 counts Theft (Class 2 Felony) Maximum penalty: 12.5 years/prison
1 count Illegally Conducting an Enterprise (Class 3 Felony) Maximum penalty: 8.75 years/prison
Harold Dewayne Friend, Paradise Valley, (DOB 8/12/33), Participated with BFA in various financial transactions that allowed BFA to falsely portray its financial position
Legal Counsel: Dale Danneman
3 counts Fraud Schemes/Artifices (Class 2 Felony), Maximum penalty: 12.5 years/prison
27 counts Theft (Class 2 Felony) Maximum penalty: 12.5 years/prison
1 count Illegally Conducting an Enterprise (Class 3 Felony) Maximum penalty: 8.75 years/prison
Richard Lee Rolfes, Glendale, (DOB 1/21/57), Secretary of Christian Financial Partners and Office of New Church Ventures, owner of Rolfes Financial Services
Legal Counsel: Bruce Feder
1 count Fraud Schemes/Artifices (Class 2 Felony), Maximum penalty: 12.5 years/prison
7 counts Theft (Class 2 Felony), Maximum penalty: 12.5 years/prison
1 count Illegally Conducting an Enterprise (Class 3 Felony) Maximum penalty: 8.75 years/prison
Click here to view the indictment in its entirety.
Individuals pleading guilty, charged by direct complaint (charges filed at same time as plea entered):
Donald Dale Deardoff, Peoria, (DOB 10/8/57), served as BFA treasurer, senior vice-president and controller. Pled to 2 counts Fraud Schemes.
Legal Counsel: Clark Derrick/Thomas V. Rawles
Pay $550,974,555 (million) restitution
Click here to view Deardoff's plea agreement
Edgar Alan Kuhn, Mesa, (DOB 9/24/44), served as president of EVIG (a BFA subsidiary) and Christian Financial Partners, also as director of New Church Ventures. Pled to 3 counts of Facilitation of Fraud Schemes.
Legal Counsel: Thomas A. Thinnes/John R. Augustine, Jr.
Pay $25,000 restitution
Click here to view Kuhn's plea agreement
Jalma W. Hunsinger, Tempe, (DOB 10/22/36), served as president and director of New Church Ventures and sole shareholder of ALO (BFA subsidiary), previously a BFA board member. Pled to 3 counts of Facilitation of Illegally Conducting an Enterprise.
Legal Counsel: Christopher T. Rapp
Pay $150,000 restitution
Click here to view Hunsinger's plea
agreement
August, 1999 - Arizona Corporation Commission issues Cease and Desist Order to BFA, Arizona Southern Baptist New Church Ventures, Inc. and Christian Financial Partners, Inc.
November, 1999 - BFA and its subsidiaries file bankruptcy in federal court.
December, 2000 - The Arizona State Board of Accountancy files Notice of Public Hearing and Complaint against Arthur Andersen, LLP, the accounting firm that has been auditing BFA's financial records since 1984. In addition, the Board seeks revocation of the licenses and other penalties against three Certified Public Accountants for violation of professional standards for giving BFA a clean bill of health, when in fact, the CPAs had information of possible fraud, but did not note such details in audit reports. The Complaint seeks $600 (m) million in restitution for BFA investors.
January, 2001 - The Arizona Corporation Commission and the Arizona Attorney General's Office file a civil lawsuit against Arthur Andersen, LLP for issuing unqualified "clean" opinions of BFA and failing to take action when it had evidence of financial improprieties. The lawsuit seeks civil penalties for violations of the Arizona Securities Act.
April, 2001 - Five individuals are indicted by the Arizona Grand Jury on fraud and related charges.
May, 2001 - Three individuals plead guilty to felony charges. The investigation into the matter is continuing.