Thursday, I drove to Asheville and took pictures of the courthouse and asked questions of those working in order to be prepared for Friday. Friday would my first trip to witness a session in this courthouse and I wanted to leave nothing to chance. This move turned out to be worth the time and effort.

Friday’s schedule included a 9:15AM plea hearing for Jason Gross and a 10:00AM plea hearing for Dr. Jerry Gross. In front of these two hearings, another man was before Magistrate Judge Dennis Howell. This man was already incarcerated and was facing additional charges. His hearing ended and Jason Gross and his attorney took their appointed seats.

Before the Judge could address the plea agreement, he moved through several required steps including an initial appearance hearing and an arraignment. Jason was advised of his rights, informed of the charges, advised he could have a public attorney and told the difference between and indictment and bill of information. Jason had already secured David B. Freedman as an attorney. Upon entering the courtroom, the Judge acknowledged Mr. Freedman and said it had been years since he had seen him. This was typically southern friendly.

Judge Howell was meticulous and detailed to administer each step of the proceeding with gravity and sincerity. At no time did he appear frustrated or in the least bit bothered with his duties. He read every document aloud and made sure Jason and Jerry understood each pivotal point of the proceedings. He navigated through the required legal steps with consideration for how the decisions made and documents signed today would affect Jason and Jerry for years to come.

Jason under counsel from his attorney waived the indictment and trial by jury process. At one point, the attorney for the U.S., Daniel V. Bradley was required to tell the court what he believed could be proved if the case went to trial. Jason listened and was asked if he believed these things were true. He answered, yes.

The question on my mind was how could defrauding the State of North Carolina become a Federal case? It was explained that during the time period of 2009 to 2013, the US Federal government was supplementing the ability of the States including North Carolina to pay unemployment claims. When a benefit was issued, the funds were initiated by an ACH (automated clearing house) transaction through a Federal Reserve branch. There are 12 Federal Reserve branches in the US and none of them are located in NC. Therefore, the funds crossed state lines and became an “interstate commerce” transaction. Thus, the US government, more specifically the FBI became involved. The fraud was not just against the State of NC, but against the US government.

The plea agreement entered into was not read word for word. However, the main parts were reviewed by the Judge and he made sure Jason understood the scope of the agreement. Jason and his attorney signed the agreement. During the recap of the agreement, it was not disclosed that Jason was cooperating with the government. There was one point where the US attorney asked the Judge to require Jason not to discuss the case with other people stating this investigation was a part of a larger more broad investigation. The Judge requested a list of names of people he is not to speak with. US attorney Bradley grimaced and was not willing to mention names.

The Judge qualified the restrictions on discussing the case to mean Jason was to talk to no one other than his attorney and investigators. He was warned to not discuss this case even with Jerry. “You can talk about sports; you can talk about anything but not this case…”

US attorney Bradley stopped short of disclosing the other people involved in this investigation or the other facets of related investigations… for obvious reasons.

The conditions of Jason’s release also include submitting DNA sample if required, stay away from alcohol, drugs or those who deal drugs, look for employment, not breaking the law, appear in court when required, a $200,000 unsecured bond, surrender his passport, not apply for a new passport, travel only in the western district and middle district of NC plus South Carolina.

He has to get rid of any guns, submit to random searches of his home, car and electronic devices. He also consented to a money judgment equal to the amount of benefits he received, $38,084.

The entire process for Jason took over an hour. After a short recess, it was Jerry’s turn. His process was basically the same. The amount he received in benefits was larger $43,036. The money judgment was for that amount. Instead of seeking employment, the judge asked if Jerry was retired. The list of restrictions mirrored Jason’s, a $200,000 unsecured bond, forfeit his passport, restricted travel and most assuredly- do not discuss this case with anyone except your attorney and investigators. He was reminded to not discuss this with Jason.

One difference in Jerry’s hearing, the US attorney mentioned in paragraph six of the plea agreement, Jerry was assisting the government as requested. (not a direct quote) However, what many had suspected was now said in open court- Jerry was telling the whole truth. When I heard that statement, I punched the person beside me who was also taking notes. In reality, I believe Jason is doing the same as his father. Why not? There is no bonus for holding back now. They could have been facing multiple counts and took the conditional plea to cooperate and lessen their sentence. This is even more likely since the “Factual Basis” document listed “RG” and “TG” as receiving $34,087 and $34,072 in unemployment benefits. Could this be Jerry’s wife, Bobbie (her nickname) and Jason’s wife, Tonya Gross? Did Jerry and Jason agree to plea to keep their wives out of the legal spotlight or worse?

As I write this, it is the wee hours of Saturday morning. Social media has been ablaze for hours with news reports and comments from ex-members and observers. The AP posted a summary article outlining how we got to this point. This release circulated near and far. Local television reports showed film clips of the two couples walking into the courthouse. At least one station interviewed the attorneys for Jason and Jerry. There has been time to reflect on the happenings of the day and how events may unfold in the months ahead.

Just a few hours ago, I realized my level of respect for Jason Gross and Jerry Gross increased after today’s hearings. No, I don’t believe they care what I think. However, I saw two men admitting to the court and the world that what they did was wrong. They were willing to be forthright and face the consequences. Are these actions closer to what some consider biblical teaching? Is this closer than when accused, taking the course to deny, deny, deny and delay, delay, delay? The evidence was apparently very strong and rather than deny it, they decided on admitting and working out a best case solution for them and their wives.

Of course, I have not talked to either of them and I might be totally off on this point. But for now, I believe Jason and Jerry Gross can sleep better tonight knowing they have done the best in a very negative and gloomy situation. If I could shake their hand and look them in the eyes, I would and from the bottom of my heart say- Thank you.

The course of events which were set in motion with the first AP release February 27, 2017 did not end today. In my opinion, things will move forward at a faster pace. This may just be the hottest summer on record in Spindale, NC.

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(Copyright © 1954, 1958, 1962, 1964, 1965, 1987 by The Lockman Foundation ) This is post number 636.