On May 10th, Diane McKinny pleaded guilty in US District court in Asheville to one count of making a False Statement. The hearing was in front of Magistrate Judge W. Carleton Metcalf in the smaller courtroom. This courtroom was not flooded with Word of Faith Fellowship (WOFF) members, only two others in attendance, Ramona Hall and Ann Brock.

McKinny is the fourth WOFF member to plead guilty in the ongoing Federal investigation into the Unemployment Benefits scheme hatched, at least in part, by Kent Covington. He received a 34 month sentence after pleading guilty to one count of conspiracy to commit wire fraud. Conflicting reports abound about when Kent starts his term as a Federal Inmate. The latest reports have him reporting May 28th to a Federal Prison in Kentucky. Jane Whaley was reported as saying the facility doesn’t even have a fence.
Continue reading Diane McKinny- “Yes” easier than “No” →

Judge Martin Reidinger approved moving the trial of Diane McKinny to June 25th. The Motion filed by McKinny’s attorney, Amos Tyndall, was unopposed by counsel for the United States. Tyndall said he needed more time to review the evidence and a few potential witnesses had previously arranged plans to travel out of the country during May.

McKinny is the fourth member of Word of Faith Fellowship (WOFF) to face charges in an ongoing Federal investigation. Previously, three members considered leadership pleaded guilty to their charges of conspiracy to commit wire fraud. Dr. Jerry Gross and his son, Jason Gross, of the defunct Foot and Ankle Center of the Carolinas pleaded guilty and each was sentenced to three years of probation.

Earlier this month, a fourth member in leadership at WOFF, Marion Kent Covington was sentenced to 34 months of prison after he pleaded guilty last year to charges resulting from the same Unemployment Benefits fraud scheme. Based on evidence presented in court proceedings, he was determined to be the “Organizer” of the scheme and thus incurred a prison sentence. All indications are that he began serving his sentence last week. However, the website listing this public information has not been updated to show where he will serve his term.

Covington’s attorney, Stephen Cash, presented letters of character endorsement to the court for the Judge’s consideration. Originally sealed, the Judge ordered them unsealed and Thursday, they were available for public view.

Letters provide insight into WOFF

Before I provide excerpts from the letters, let me acknowledge that I don’t know if the letters were approved by Jane Whaley or Brooke Covington. It is easy for me to believe they were, but I can’t be certain. We don’t know if there were more letters submitted and these are the ones that made the cut. Six adults and one child submitted letters. The handwritten one from the child has an extra tidbit which I will explain.
Continue reading McKinny Trial moved; letters on Kent’s behalf tell a story… →

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.
Continue reading Judge: This scheme was “like picking the pocket of a dying man” →

When I described the lifeless faces of those in attendance in US District Court this past Thursday, I neglected to point out one person who was visibly gleeful. Attorney Stephen Cash represents Word of Faith Fellowship (WOFF) member, Marion Kent Covington. Mr. Covington has pleaded guilty to conspiracy to commit wire fraud and will be sentenced this coming Thursday afternoon. Attorney Cash was all smiles as he watched events unfold in the sentencing hearing for Jerry and Jason Gross.

The Grosses also pleaded guilty early in the investigation. Both Jerry and Jason Gross received probation sentences of three years with a few months of home monitoring.

During the proceedings, Cash sat in the back texting and smiling. I believe he was smiling because of four things which took place in Courtroom 1.

Cash heard Judge Martin Reidinger review his connection to WOFF and ask the three attorneys directly involved in the hearing if they objected or had questions since he was not recusing himself. To Cash, this was critical. He was counting on Reidinger remaining over his client’s case.

Cash also heard in the summary comments before pronouncing the sentence, Judge Reidinger admitted he found this case “hard to understand.” The Judge lamented it “pains me to see cases like this.” Cash heard these comments as a loud signal. He had the chance to help the Judge “understand” his client’s decision process to participate in the “scheme” and be nearly guilt-free.

Next, Judge Reidinger admitted he read the character letters for the Grosses. The connotation was that he was impressed.

And to top this all off, Cash heard the Judge’s specific reference to those (significant number of WOFF members) in the gallery who would “forgive” and “accept” Jerry and Jason and help them to not repeat this conduct.

The look on Cash’s face reflected giddiness! He had witnessed two solid repeatable strategies which he could orchestrate to reduce or transform any potential prison time into a probationary sentence.

Continue reading Attorney Cash’s ‘money-play’ →

No happy faces 

I heard the rumors of Word of Faith Fellowship (WOFF) deciding for a big turnout for today’s sentencing hearing in Asheville. When I pushed the courtroom door open, I saw approximately 50 WOFF members. The few that turned to see me did not have a smiley face. In fact, I saw very few smiles on any of the members during the session. Jerry Gross and his wife along with Jason on his wife displayed pleasant looks, but the others seemed solemn and emotionless.  

I headed for the back row, which at the time was empty. Soon, others filtered in including Keith Reno who took a seat close to me. He acted as if he wanted to read my notes. Can you say awkward? 

Though I will miss listing some since I did not recognize the back of everyone’s head; here is a partial list. Sam Whaley, Gerald and Linda Southerland, Tim Schlabach (no camera) Logan and his wife, Kevin Van Camp and his wife, Ray and Kay Dixon (Ray smiled, as always), Mark and Suzanne Doyle, Ann Cable, Robert and Marsha Lowry, Lisa Brown, Willis and Mary Lang, Denise Davies and Ramona Hall. This is just a partial list. Notable ones missing: Jane Whaley, Brooke Covington, Jayne Caulder, Karel Reynolds, Ray Farmer. 

The hearing started on time. Judge Martin Reidinger began by addressing the question of recusal. For the record, he listed Hannah Davies (not by name) as his law clerk for a period of 2014-2015. He then recited WOFF events he attended including the Holocaust Museum and the speaking engagement October 2015 at Cleveland Community College. After the disclosure, he asked the three attorneys present if they had any objections or concerns about his choosing to not recuse. All three verbally agreed to his continuing as Judge.  The show would continue.  

Continue reading Federal Court in Asheville –Gross sentencing →

In a court document filed today, Assistant US Attorney Bradley revealed a starting place for determining the prison sentence of prominent Word of Faith Fellowship (WOFF) members, Dr. Jerry Gross and his son, Jason Gross. Last year, both Jerry and Jason pleaded guilty to Federal charges stemming from a “scheme” to defraud the State of North Carolina and the U.S. Government by filing false unemployment benefit claims. Both are set to appear this Thursday morning before Judge Martin Reidinger for sentencing.  

The document filed today was to correct any misrepresentation of Bradley’s recommendation for sentencing.  

“The government…requests that the Court apply the same calculation to both defendants, determining a guideline range of 12-18 months, … before any other motions are taken into account.”  

Several documents referenced within this filing were sealed and not available. Restitution was mentioned, but no exact dollar amounts were stated.  

Other notes in the court records indicate attorneys for Jerry and Jason are asking for a reduction in any sentence given by the Judge. Their reasoning for such a request, we can only ponder. Will there be arguments before Judge Reidinger asking for “favor” or dare I say- “forgiveness and release…”??? 

A more experienced court-watcher told me that though the Judge is not required to follow the recommendations of the US Attorney- many times they do adhere to them.  

While considering the possibilities for Thursday morning, my mind wandered back to many other court cases in Rutherford County where WOFF members flooded the court room in support of their accused. The recent strategy on these Federal cases was to send very few supporters. Jerry and Jason were accompanied by their wives, while Ramona Hall was the lone escort for Diane and Kent.  

Will this Thursday be different? Coinciding with the possible arguments for shorter sentencing will WOFF members friendly to Judge Reidinger fill the gallery in hopes of swaying him? I have voiced my opinion before today. I believe Judge Reidinger should have recused himself because of this very real possibility.  

After all, these Federal indictments and subsequent guilty pleas have been major blows to the legacy and credibility of WOFF leader, Jane Whaley. Having three or four or more prominent members dressed in prison clothes and serving time for what she condoned- looks bad.  

What will Jane do to stem the rising tide set to wash away any lasting “positive” sway she has had on her home county? How far will she go?  We may find out in the next few days.   

Two other WOFF members were indicted in relation to the same scheme, Marion Kent Covington and Diane M. McKinny. Covington pleaded guilty and will be sentenced April 18^th . McKinny denied her guilt and awaits trial on May 6^th. 

Continue reading Jerry and jason Gross in court on thursday →