Stephen Cordes: Resolution – charges dropped

March 29th was a bright sunny morning in Rutherfordton. The monthly gathering at the courthouse of those seeking justice or relief proceeded as usual. Between 8:30 and 9:30, as the gallery filled with anxious citizens, attorneys called out the name of their client. Obviously, many were meeting for the first time. Strategies were shared and deals struck as attorneys and the Assistant District Attorney, Lacy Beam, processed the pending docket.

Stephen’s attorney, Paul Ditz, arrived and immediately took his position near ADA Beam. After a brief exchange, he walked back to Stephen to give him the news. The ADA requested mediation with the goal of a resolution and dismissal of the charges. The mediator was in attendance. Soon, Stephen walked back to the conference room with the mediator, his brother, Brent, and Brent’s wife, Mariana.

A few minutes later, as I walked downstairs, I saw Brent leaving the meeting room. Stephen told me later, he asked his brother to leave the mediation because he did not want any ill feelings between them.

After some time, Stephen came in the courtroom and motioned to me. The mediation had been successful. An agreement was reached and his brother gave him his computer. A picture album was still a pending item, but the charges of breaking and entering were dropped.

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WOFF Members to be sentenced in April

What are we to think?

We knew this day was coming. After WOFF members Dr. Jerry Gross and his son, Jason, pleaded guilty in 2018 to Federal charges of conspiracy to commit wire fraud; on some distant day, each would face a Judge and learn their fate. They would learn their penalty and possibly face prison time and fines.

When I learned of the April 11th court date for sentencing of Jerry and Jason, my thoughts and emotions drifted in an ebb and flow between disbelief, bewilderment, sorrow. Is this real? Will WOFF leaders having admitted guilt, be sentenced in the Federal justice system?

In one specific area, I knew Jerry and Jason. My family allowed Dr. Jerry Goss to treat our foot ailments.

“Our doctor”, now faces a Federal sentencing. What happened? How could a person such as Jerry; quick witted, always exuding a confidence that survived the present drama, how did he take such a path?

And yet, I feel satisfied knowing that at least one of the many dubious and harmful behaviors within WOFF will see a level of justice. I don’t know the details and the exact sequence of decisions Jerry and Jason made, but each agreed to their own individual guilt. I was there; I heard each of them plead guilty.

This is the next step on the path they chose. They will be in court the morning of April 11th.

There is so much that has not come to light with this chapter of WOFF history. Court documents give us some understanding. Kent Covington has been named as one of the main conspirators who created the scheme to defraud the State of NC and the Federal Government.

Later the same day, I learned Kent’s sentencing hearing was set for April 18th. My thoughts did not waiver as earlier. In my mind, Kent was more deserving of his fate. He appears, from what is known at this time, as one of the main generating forces in the scheme. Court documents revealed what any ex-member or present member knows. Kent very easily used his influence in the “church community” to cause others to follow his directions to break the law under the guise of “the will of God.”

Justice for Kent includes prison time and fines, in my opinion.

Included in this many layered saga is Diane M. McKinny.

Continue reading WOFF Members to be sentenced in April

Judge Quashes Subpoenas – Now What?

Tuesday, an Order was entered into the court records from US Magistrate Judge W. Carleton Metcalf on the Motion to Quash submitted by attorneys for Jones Road, LLC- the production company for the A&E series “The Devil Next Door.” This is a show about ex-members of WOFF and their struggles. Judge Metcalf ruled in favor of the Motion.

Six ex-members of Word of Fellowship (WOFF) became an interest to Amos Tyndall, the attorney for WOFF member Diane McKinny. He filed subpoenas seeking information on the contracts between Jones Road and these participants, amounts of compensation and the timing of these events. He said that by knowing this information, he could determine if these potential witnesses were biased.

Tyndall will have to wait for another day or find another way.

In his Order, Judge Metcalf included many of the known facts around this case. Dianne McKinny has been indicted on one count of conspiracy to commit wire fraud and a second count of issuing materially false statements to investigators in April 2018.

In brief, the Judge wrote, “… the record does not contain, nor has the Defendant sought, confirmation that any information provided by the witnesses (ex-members) to Jones Road relate to Defendant’s alleged conduct and the specific subject matter of the Superseding Bill of Indictment, as opposed to the religious group (WOFF) itself.”

It is important to note the Judge did not prohibit McKinny’s attorney from seeking the information at trial during cross-examination. For now, it is not deemed relevant.

The fishing trip has been cancelled for now.

So where do we go from here?

WOFF Members: Consider what does your future hold?

Continue reading Judge Quashes Subpoenas – Now What?

McKinny Pleads Not Guilty, Decision on Subpoenas delayed

The arraignment hearing for Word of Faith Fellowship (WOFF) member, Diane M. McKinny, was held this morning in US District Court in Asheville, NC. She was accompanied by WOFF member, Ramona Hall and her attorney, Amos Tyndall. Assistant US Attorney David Bradley represented the Government.  

Due to ongoing construction in the courthouse, the hearing was moved from Courtroom 2 to a much larger courtroom. This room had gallery seating for about 100 folks. Around the interior walls were portraits of previous judges. The area for attorneys and court personnel was much larger than the previous courtroom and the bench for the judge was higher. The court seal hung on the wall behind the judge’s bench. Opposite from the entrance were four large windows with plantation blinds. The room lighting was more than adequate as was the sound system.   

The hearing started early and lasted less than fifteen minutes.  Judge W. Carleton Metcalf summarized the needed reading of the vital points of the procedural questions along with the first indictment of conspiracy to commit wire fraud which affected a Federal financial institution. This indictment carries a maximum fine of 30 years and one million dollars. 

The second indictment was based on making false statements to Federal investigators in April 2018.  The maximum penalty for this charge is five years imprisonment and a $250,000 fine with up to five years supervised release.  

Under counsel, Diane McKinny pleaded not guilty to the second indictment and asked for a jury trial. All parties confirmed the McKinny trial remains set for the May session. 

Attorney Bradley mentioned that all the previous restrictions on McKinny under the first indictment continued with the second indictment.  

In closing, the Magistrate Judge Metcalf acknowledged there were additional issues to be addressed in the afternoon. This next hearing promised to be much longer and full of oral arguments in reference to subpoenas issued several ex-members.  

Hearing on the Motion to Quash subpoenas  

The afternoon session started on time. Attorneys for Jones Road, LLC were in attendance. Leita Walker from the Ballard Spahr LLP firm presented arguments before the Judge with two other gentlemen in support. Attorney Amos Tyndall represented Diane McKinny. US Attorney Daniel Bradley represented he Government.  

Continue reading McKinny Pleads Not Guilty, Decision on Subpoenas delayed

ex-WOFF Member- Stephen Cordes- “…People need to know…”

A couple of weeks ago, Stephen Cordes called to tell me about his recent experience in Rutherford County. He is an ex-member of Word of Faith Fellowship (WOFF) while his parents and two of his siblings remain in the church.  

Stephen has had limited contact with his parents since leaving, more with his dad than his mom. While making plans to attend school, he needed some items which were still with his parents who share a home with his brother, Brent, and the brother’s wife, Mariana. His dad said he could come get these items. 

Stephen arrived at the brother’s home and knocked on the door. Through a window in the playroom, his dad motioned for him to come in.  Stephen entered the same four-digit code he had used when he lived in the house and opened the door. When he walked in the room, his dad pointed to the agreed upon items, except he wanted to finish cleaning off the computer before he gave it to Stephen. 

At this moment, Brent and Mariana entered the opposite end of the room screaming for Stephen to get out of the house!  

Stephen immediately agreed, “Okay, I’m leaving.”  

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Federal Case Update – Kent Covington and Diane McKinny

Recently filed court documents and an article in the Daily Courier published March 7th provide additional information on these two cases involving Word of Faith Fellowship (WOFF) members, Marion Kent Covington and Diane Mary McKinny.   

A nine-page superseding indictment was filed March 5th against Diane McKinny. In addition to the indictment for conspiracy to commit wire fraud filed in 2018, she is now accused of lying to investigators in April 2018. The indictment provides this about McKinny: 

“…(she) did willfully and knowingly make a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the executive and judicial branches of the Government of the United States by asserting to a Special Agent from the Department of Homeland Security, Homeland Security investigations, that the employees purportedly “laid off” from DCT as a part of the scheme described above worked only “an hour and a half” over the course of several months they were collecting UI Benefits.”       

Her statement “was false because, as MCKINNY then and there knew, the employees purportedly “laid off” from DCT… worked well in excess of an hour and a half…” 

Sources reveal the maximum penalty for this charge can be a fine and up to five years in prison.   

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Trial Update Diane McKinny

Trial date moved- another indictment? Motion to Quash Subpoenas

The trial date for Word of Faith Fellowship (WOFF) member, Diane M. McKinny, has been moved to May 6th. McKinny faces charges of conspiracy to commit wire fraud in relation to a “scheme” to direct and administer false reports in order to obtain Unemployment Insurance Benefits (UI) for employees of at least three different companies. Several of these same employees continued to work full-time or near-full-time during the periods of reporting unemployment status. These funds allowed Diverse Corporate Technologies, Integrity Marble and Granite and Sky Catcher Communication, Inc. free or reduced labor costs essentially shifting those costs to the State of North Carolina and the United States government. All three companies were either owned or managed by Marion Kent Covington.

Earlier in 2018, Covington recognized as leadership within the WOFF church community, pleaded guilty to the same charges and awaits sentencing.
Facing charges in the same case, WOFF leadership, Dr. Jerry Gross and Jason Gross also pleaded guilty in 2018 and await sentencing.

“In total, between approximately November 2008 and March 2013, the scheme resulted in over $250,000 in fraudulent claims for UI Benefits for employees who continued to work full-time or near-full-time for businesses owned or managed by co-conspirators, and who were therefore ineligible to claim those UI Benefits.”

Interesting to note, the three who pleaded “guilty” remain pictured on the WOFF website as of February 2019 under “All Pastors and Ministers.” Diane McKinny pleaded “not guilty” is not pictured on that page. What conclusion do we draw from this?

Continue reading Trial Update Diane McKinny