Recently filed court documents and an article in the Daily Courier published March 7^th 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.   

Amos Tyndall, McKinny’s attorney of course denies the charges. 

The arraignment for this indictment will be March 20^th at 9:55AM.  

The Daily Courier reported that along with McKinny’s additional indictment, Marion “Kent” Covington was also accused of lying to investigators and was recommended for a two-level increase in his sentence. This information is from a document now sealed.  

Covington pleaded guilty in 2018 to the same charges that McKinny faces. He is awaiting sentencing on or after March 13^th. A two-level increase could add 25% to his sentence according to general information sources not specifically referencing this case.  

From the resource article, Stephen Cash, attorney for Covington “argued in the filing that many of the government’s witnesses are biased toward the church and its leadership. He questioned their credibility. 

Cash added that Covington has cooperated throughout the investigation and, after reaching a plea agreement, “admitted wrongdoing and answered questions honestly.”” 

Along with these new developments, a hearing has been set for the Motion to Quash filed by attorneys for Jones Road, LLC (formerly, Fly Girls, LLC). This Motion addressed the subpoenas issued by McKinny’s attorney seeking communication between the production company of “The Devil Next Door” series from A&E and possible witnesses in the McKinny trial. The subpoenas were issued to Benjamin Cooper, Micah Cooper, Sarah Anderson, Sean and Rachael Bryant and Chad Cooper. We covered a few of the particulars of this Motion in a recent post. The hearing concerning the Motion to Quash is set for March 20^th at 2:00PM.   

The attorney for Kent Covington filed a notice on March 4^th to join with Diane McKinny in the effort to subpoena the ex-members of WOFF listed above. The basis for this action is unclear.   

This notice to join filed by Attorney Stephen Cash drew a response filed March 8^th by US Attorney David Bradley arguing against allowing Covington to join McKinny . He argued that Covington has no standing with the Court. Covington “is no longer a trial litigant in this case.” He pleaded guilty. “Kent Covington is not awaiting trial; he is awaiting sentencing.” 

The document filed by Bradley included this, “This Court should not allow him (Covington) in through the back door, particularly when the subpoena litigation in this case is already developing into a fishing expedition…” 

Bradley promised another document before March 20^th further explaining why the Jones Road, LLC’s Motion should be considered. He also wrote of the recent Superseding Bill of Indictment filed against McKinny “considerably narrows he focus if McKinny’s upcoming fraud trial.”  

What do we know for sure? Let’s review what is known about the following members of WOFF: 

1. Dr. Jerry Gross pleaded guilty in 2018 to conspiracy to commit wire fraud. He is awaiting sentencing. He is not allowed to talk about the case, travel outside of Western North Carolina or South Carolina, drink alcohol or own a gun. He is a felon waiting his day before the Judge.
2. Jason Gross, Jerry’s son, pleaded guilty to the same charges the same day in 2018. He agreed to the same restrictions. He is not to talk about this case to anyone. He is also a felon waiting his day before the Judge.  
3. Marion Kent Covington already had a felony record before this case. In 2018, he was indicted and pleaded guilty to conspiracy to commit wire fraud. In his plea deal, he was assured that his wife Brooke would not be charged in this case. He agreed to the long list of restrictions including not talking about this case even with Diane McKinny. Recently, his attorney has forgotten the status of Mr. Covington and filed a Notice to join McKinny in the “fishing expedition” against ex-members who may have participated in the filming of “The Devil Next Door.”  
4. Diane Mary McKinny- known by many as the compliant and always obedient computer programmer who moved from the Washington, DC area to join WOFF several years ago. She has worked for years and still may work for Kent Covington at the DCT office. In her faithful and obedient manner, she is reported as participating in a scheme which may have originated in the offices of Kent Covington, that has defrauded the US Government and the State of North Carolina out of funds through the Unemployment Benefit program. The estimates vary, but the total fraud could be over $250,000.  She has pleaded not guilty to one charge of conspiracy to commit wire fraud which involved a Federal financial institution. She faces a second indictment of making fraudulent statements to investigators and will be arraigned on March 20^th for that indictment.  

This case still has many twists and turns yet to come. As mentioned, Covington is eligible for sentencing any time on or after March 13^th. His presentencing report is sealed. Victim impact statements against him are also sealed. Will they be read at the sentencing – whenever that may be?  That is a good question. We will continue to follow this case as it unfolds. 

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(Copyright © 1954, 1958, 1962, 1964, 1965, 1987 by The Lockman Foundation ) This is post number 652.