We hope that the questions and answers below, address your immediate concerns. However, if you don't find your question answered here, you may submit it to us by clicking on the e-mail address at the end. Alternatively, you may call the BFA help-line, Monday through Friday, 1:00 p.m. to 4:00 p.m. For calls from within Maricopa County or out-of-state, the number is (602) 364-1275; in-state, but outside of Maricopa County, dial toll-free 1-866-823-6577.
- The sentencing range for both co-defendants Edgar Kuhn and Jalma Hunsinger is specified as from a minimum of probation to a maximum of two (2) years in prison, for each count.
Mr. Kuhn and Mr. Hunsinger have entered pleas to multiple class six (6) felonies. The Court, at its discretion, can designate these class six (6) offense(s), as misdemeanors, either at the time of sentencing, or when the probation terminates. If the Court chooses to impose a prison sentence, then the offenses could not be designated as misdemeanors at a later date. If the Court chooses to suspend a prison sentence, it may impose a period of probation, which is a form of community supervision. Whether the offenses remain class six felonies or are changed to class one misdemeanors, the maximum length of probation that could be imposed (for either defendant) is three (3) years for each offense. Under current law, each sentence of probation must run at the same time (i.e., concurrently).
The Court, however, could also choose a combination of prison and probation for the various counts, in which case the prison term would be served first, with the probation following (called ‘consecutive'). Under either scenario, if restitution was not paid in full at the time the term of probation expired, the probationary period could be extended a maximum of three years. The plea agreements further require that fines (designated as restitution) be paid in full in order for the Court to consider reclassifying the counts to misdemeanors.
The sentencing range for co-defendant Donald Deardoff is specified as from a minimum of probation to a maximum of 12.5 years in prison, for each count.
The offenses to which Mr. Deardoff pled guilty, were class two (2) felonies. If the Court was to suspend his prison sentence on all charges in favor of probation, the maximum length of probation that he could receive for each count is seven (7) years. Current law also is such that, each seven-year term of probation would run at the same time (concurrently). Again, similar to defendants Kuhn and Hunsinger – Deardoff, too, could receive both prison and probation, in which case probation would begin after the prison sentence concluded. Under the terms of the plea agreement, Deardoff has agreed to pay full restitution in the amount of $550,974,555; with credit for any amounts paid to victims by other criminal defendants, through civil litigation, or through the bankruptcy proceeding. If restitution was not paid in full at the time the term of probation expired, the probationary period could be extended a maximum of three years.
- The names of those charged, and the charges, are described in detail at the "Case Information" button on this website.
- You are not required to attend any court proceedings and your crime victims' rights are neither lost nor lessened, if you choose not to attend. The only time you are required to attend any proceeding, is if you are subpoenaed to appear. Also, it is not necessary for you to advise the Attorney General's Office, if you plan to attend.
- Victims have the right to speak at initial appearances, any court proceedings at which a change of plea is being presented to the court, and at sentencing hearings.
- The bankruptcy and civil proceedings are completely separate from the criminal matter. Hearings related to the criminal matter are held before a different judge and are handled by different attorneys than the hearings in the Baptist Foundation bankruptcy case and the civil case against Arthur Anderson. What happens with, and the status of one–has no impact on what happens with, and the status of the others..
- If convictions result from the criminal case, at sentencing the court will consider all of the victims' economic losses caused by the offenses for which individuals have been convicted and will order those convicted to pay restitution accordingly. Restitution is a court order for someone who is convicted, to pay the victim(s), for their losses incurred as the direct result of the crime.
- The vast majority of criminal cases are resolved through negotiated plea agreements. If the charges in this matter are resolved through plea agreements, your testimony will not be necessary. If any trials are scheduled, however, the testimony of some victims may be necessary.
- Please encourage these people to call the BFA helpline or write to us at:
The Attorney Generals Office of Victim Services
1275 West Washington
Phoenix, AZ 85007
Submit your question by clicking here: firstname.lastname@example.org