This remark made by Judge Martin Reidinger to a packed courtroom as he prepared to pronounce sentence on Word of Faith Fellowship (WOFF) member, Marion Kent Covington.

This “scheme” first came to public view September of 2017 in an Associated Press article outlining the scheme based on ex-member accounts.

In 2018, four WOFF members were indicted. Dr. Jerry Gross and his son, Jason Gross pleaded guilty and sentenced last week to three years of probation. Diane McKinny, an employee of Covington’s pleaded not guilty and awaits trial in May. Today was Covington’s sentencing hearing.

WOFF members minus their leader, Jane Whaley, arrived nearly an hour early and filled both sides of the gallery. Several leaders were there including Sam Whaley, Jayne Caulder, Gerald and Linda Souherland, Brooke Covington, Kent’s wife and many other members endured a long and protracted hearing starting just before 1:30PM and ending after 4:30PM. There was no break in the debates until after 3:30PM when the Judge took a 15-minute recess to finalize he thoughts on the sentence he would deliver.

The beginning of the hearing…

Judge Reidinger called the session to order and as he did last week, reviewed his contact with WOFF including events from 2014 and 2015. Seeking transparency, he asked the attorney’s if they had any questions or concerns as to why he did not recuse. Neither attorney voiced concern.

The Judge continued with an outline of how he planned to proceed. We did not know at that point the hearing would last several hours. Throughout the afternoon, Reidinger remained deliberate and thorough as he sensed the magnitude of the case and the questions and conflicts to be debated.

Kent stood as the Judge brought him into remembrance of the events surrounding his guilty plea entered last year. Kent’s attorney, Stephen Cash affirmed the events and acknowledged the guilty plea as well as the documents signed to accompany the plea.

The four basic contested issues surrounded the correct loss amount, the need for adding or subtracting values to the starting sentencing range – two separate issues, and whether Kent was classified as an “organizer” or “manager” of the scheme. The answer to each of these questions affected the Judge’s sentencing matrix or factors for longer or shorter time served in prison. (if any at all…)

In previously filed documents, Attorney Cash declared his belief that the loss was under $150,000 and even went so far as to compare Kent’s role to the Grosses asking for a similar sentence. Kent was “not motivated by greed, but a desire to help his community.” The document went on, “It (the scheme) was motivated by a tight knit religious community to survive the worst economic downturn of the last 100 years…”

“…tight knit religious community…” Yes, in many respects, WOFF and the motives of the “tight knit religious community…” were being judged and sentenced today. Kent’s attorney initiated this characterization, I did not.

US Attorney Daniel Bradley filed documents earlier this week stating the loss is $369,553. This figure came from the United States Probation Office (USPO). This issue was critical to the sentencing process as naturally the greater the loss, the greater the crime and sentence.

Soon, the discussion moved to address whether Kent had acted as an “organizer” or a lower level “manager.” The debate revolved around language in the Factual Basis, a document negotiated and signed by Bradley and Cash (on behalf of Covington).

Were Kent’s actions referrals to other conspirators or did he in fact, lead the effort to spread the scheme? In a document which was not public, the Judge quoted language giving the connotation the scheme was spread through “rumor or general conversation.” This answered the issue for Judge Reidinger.

At different points during the session, I noted two things. Judge Reidinger felt the need to answer all the contested issues thoroughly. He did not want any doubts in his mind about Kent’s role, the scope of the scheme and the consequences or loss incurred.

Secondly, I had a side view of Kent, able to see most of his face. He remained somber and emotionless. I could only imagine as the afternoon wore on, he felt as if he were in a bad dream spinning out of control. He was truly powerless to stop any of this and his fate was out of his hands.

Allow me to admit this session was too long to include all in this post or even four more of equal length. These are highlights. Other sources may include different points of importance; I encourage you to read several accounts.

The question of whether Kent had accepted responsibility for his actions was heavily debated. The US Attorney argued that he may have “taken responsibility,” but he attempted to hide assets that did not allow the proper assessment of his ability to pay back the financial damages.

Cash refuted the idea saying the income was listed on Kent’s tax returns provided to the investigators. It was just not clear that it came from his company, Covington, LLC.

Judge Reidinger attempting to bring clarity likened this as “the difference between confession and repentance.”

During the long debate, the issue of obstruction of justice was raised. A separate charge of obstruction had not been filed. The goal was to bring into focus the minimum requirements of obstruction.

Cash offered two exhibits in Kent’s favor. The first document refuted one aspect of Bradley’s claim of Kent being an organizer. Later, in his comments before sentencing, Cash submitted a hand written character letter- not read aloud, but by the Judge. Cash showed a flare for impromptu drama.

The issues were debated and the Judge had his answers. We finally took a break with the conclusion to this hearing coming upon our return. Many folks did not leave the courtroom. I am not sure if they were cautious about losing their seat or had no confidence there were enough public restrooms to serve the large crowd.

As the court was called to order, Judge Reidginer expression was serious, conveying a deeply troubled mindset. As he spoke, his concerns and bewilderment poured out. But, before he offered his ruling he let the attorneys speak, as well as Kent.

Cash offered a summary, which in retrospect, sounded out of sorts and desperate. He urged the Judge to look at the totality of the circumstances. Kent did commit the acts for himself, but he wanted to help people. These deeds don’t deserve a three year prison term. He needs a minimal active sentence with supervised release and home detention.

If I had not already read this in his filed documents, I would have laughed out loud.

Attorney Bradley on the other hand launched into a direct and strong recitation of the Government position that these were serious acts. Yes, the times were economically tough, but other businesses paid their taxes and did not attempt to cheat the system. He asked for prison time for Kent to deter others from thinking they could profit as he did. Bradley asked for a sentence in the “top end of the range.” Earlier, the range was set to 41 to 51 months.

Kent was allowed to address the court.

He said “…I repented to God, I repent to this courtroom.”

He held nothing against the witnesses who testified against him.

He concluded, “I ask for mercy from the Court.”

Judge Reidinger gave his reasons for the sentence he was about to pronounce.

He said “This case baffles me.”

He had judged hundreds even thousands and he believed he had a grasp on psychological pathology.
But, “I really don’t understand” this case.

This offense is “a theft” from taxpayers and the North Carolina Employment Security Commission (NCESC). Funds you were not entitled to and in fact monies the State of NC had to borrow from the Federal Government.

Again, “I don’t understand.”

He repeated this several times during the discourse. With each lament, the mood among the WOFF members sank lower as each had to reconcile in their own minds- why the Judge was baffled. How could he not understand the actions of one of their leaders?

Judge, “How could you do so much good and then perpetrate” this scheme? “I don’t understand. A prior law abiding citizen….”

“The nature of the crime undermines the entire NCESC structure.

This scheme was “like picking to pocket of a dying man.”

Kent was asked to stand. He was emotionless from my view point.

Judge Reidinger provided the law which gave him the right to pronounce the sentence.

I sentence you to a 34 months prison term with an additional two years supervised release. There is an accessed fee of $100. The total restitution was set at $466,960.30.

That may be the shared total between those convicted, but Kent was ultimately responsible.

After his release, he would $300 a month until the restitution was complete.

Cash asked for time for Kent to get his affairs in order. The Judge listed some other stipulations and told Kent he would get a letter telling him when and where to report to begin serving his sentence.

The gallery stood still for a few seconds as if each person had to process this afternoon and the consequences. They did not gather outside and sing “Victory in Jesus” or some other song as in times past after court in Rutherford County. One of their top leaders had just become regional headline news. The AP certainly would run a story. Channel 13 was there and covered the hearing.

Where had it all gone wrong? Where was the dis-connect? A plan to keep God’s businesses afloat and tithes coming in was reduced to its true nature- theft. The conduct of the “people of God” befuddled a Federal Judge who recognized their presence- had just given them a public rebuke.

Solemn faces, no smiles. Stunned expressions and one crying for her husband.

This has been a day I will never forget.

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Thank you, for taking time to visit and read this blog. Please, consume the information on this site responsibly. The author is not a licensed mental health professional and encourages those that need professional help to seek it. The intent of the material is to inform and be a resource. Be sure to tell every member that you know at WOFF about this blog. There are readers at WOFF. Jane told me and Josh confirmed it.

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(Copyright © 1954, 1958, 1962, 1964, 1965, 1987 by The Lockman Foundation) This is post number 661.