| March 2, 1998: First
Defense Witnesses Roughed Up by Prosecutors in Productions Plus Trial
Update by Chuck Fager
Wichita, Kansas -- Federal prosecutors aggressively questioned the first
two defense witnesses in the Priscilla Deters-Productions Plus trial Monday.
Dominick Pepe, who was Deters' banker in 1989-1990, was the first defense
witness. He acknowledged giving favorable evaluations of Deters' business
to potential investors who called him as a reference. One of these inquirers
was Maurice Roberts, former Superintendent of Mid-America Yearly Meeting
of Friends.
Pepe's bank was the depository of a trust which Deters controlled, but
which was plagued by fraud throughout its brief existence. It was also
disclosed that Pepe had much more than a banker's interest in Deters' company,
Productions Plus.
While Deters was telling investors the trust was backed by up to fifteen
million dollars of resources, in fact, according to Pepe, its biggest deposit
was a $1,000,000 Oregon municipal bond that turned out to be a worthless
fake.
Then the trust's sponsorship of a planned run from Berlin to Moscow
in celebration of the fall of the Berlin Wall collapsed when the runner
allegedly plundered the advance funds for his personal benefit. Most of
the funds in the account came from loans to Deters from individuals, he
agreed.
Prosecutor Allen Metzger showed Pepe a letter sent to Deters' potential
investors claiming the $15 million backing. "Was there ever anything
like that much in the account?" he demanded. "Even close?"
"Never," Pepe stated.
Finally, Pepe testified, in May 1991 the trust was closed and all the
remaining funds transferred to another account, which was under Deters'
sole control.
Prosecutors elicited from Pepe the fact that the trust account funds
were supposed to be kept strictly segregated in certificates of deposit,
each in the name of a specific investor, and not commingled. However, when
confronted with copies of all the CDs purchased for the account, he admitted
that all but one of the CDs was in fact solely in the name of the trust.
Only one of the trust CDs was in the name of an investor, he agreed,
when the documents were presented in evidence. That investor was a California
Quaker retirement home, whose director came personally to the bank with
Deters to insist on having the CD designated that way before it was purchased.
Thus the CD remained under the retirement home's control, and when its
term was up, Pepe said, the Quaker staff cashed it in and got their money
back plus interest.
Other investors were not so lucky. After transferring the funds fromt
he trust account, prosecutors presented bank records showing Deters then
spent much of the money on her children, her aged mother, her mortgage,
and other personal expenses.
This new account was not in Pepe's bank. But Pepe did have an interest
in it, because his church, the Covina Assembly of God, had invested $100,000
with Productions Plus in 1988. In addition, a day care center at the church
put in $10,000 of its own.
Pepe stated that he was Treasurer of the church at that time. The church's
investment, he added, was supposed to be placed in a CD, and then doubled
each year for three years, with the new funds coming from profits from
Deters' other businesses.
However, prosecutors presented him with a fax he sent to Deters in September,
1992, complaining that the church had thus far received nothing. Pepe then
stated that the church had finally received its $100,000 back, but the
day care center's $10,000 was not returned.
Again prosecutor Metzger was insistent: "The defendant did not
fulfil her obligations to your church, did she?
"No," Pepe answered.
This was not the end of Pepe's dealings with Deters, however. Under
questioning, he acknowledged that he had privately borrowed $100,000 from
Deters, in connection with a printing business he was involved in. But
when the printing business failed, he only repaid her $20,000, and then
discharged the rest in a bankruptcy proceeding.
Pepe denied Metzger's sugestion that his private loan from Deters constituted
a conflict of interest when she she was a customer at his bank, and when
his church was also an investor.
Pepe left the bank not long thereafter in what he called a "downsizing."
He is now the business manager of a private Christian school.
The second defense witness, George Brown, fared little better. He was
one of the trustees of the account at Pepe's bank,and then later acted
as an adviser to Deters in her business.
Brown acknowledged having loaned Deters a total of $225,000 over several
years, not all of which has been paid back. Deters told him, as she did
other investors, that she had several profitable businesses from which
she reaped profits for her purported "matching gift" program.
However, Brown admitted under questioning that he never saw any financial
records from these businesses showing that they actually were operating
or generating any funds. He also insisted that he did not know she was
spending investors' funds on personal expenses and gifts to her family
members.
"This money was not to be spent on her personal expense, right?"
Metzger asked.
"Absolutely," Brown agreed.
"Did she tell you she was going to spend it on her mother?"
Metzger asked.
"No," Brown said.
"Was that an appropriate way to spend it?"
"The way you put it," Brown countered, "no."
What other way did he want to put it, Metzger retorted.
"Did any of her investors call you and say it was okay to spend
it on her mother?" "No," Brown said. "Did anyone write
to you and say that?"
"No," Brown repeated.
Metzger also challenged Brown's contention that Deters' matching gift
program was to operate on a three-year basis. Brown had described a meeting
in April, 1994 between Deters and Maurice Roberts and other representatives
of Mid-America Yearly Meeting, after Mid-America had been participating
in Deters' program for almost five years.
Brown told defense attorney Steve Gradert that the meeting was intended
"to correct some misinformation these leaders had in their minds about
the program. They thought their money was to be doubled every year."
Prosecutor Metzger pounced on this statement. He showed Brown a fax
sent by Maurice Roberts to Deters in April, 1991, in which Roberts laid
out his understanding that the matching was to be done on a year-by-year
basis.
"Did you see that letter, and Mrs. Deters' response?" he asked.
"I saw them," Brown agreed.
"She never corrected Mr. Roberts understanding in writing?"
"Not at that time," Brown said.
"So then his understanding was correct?" Metzger barked.
Brown paused, and then finally answered very quietly,"Yes."
The defense will continue its presentation on Tuesday.
NOTE: The outlines of the prosecution and defense arguments closely
parallel and corroborate my reporting in "Fleecing
the Faithful".
[This post is part of a detailed report on the activities of Productions
Plus, particularly among Quaker groups. Watch for additional excerpts on
this site. The full report is available now, by snailmail. To order the
complete report, send $10.00 (postpaid) to: A Friendly Letter, P.O.
Box 82, Bellefonte PA 16823.]
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Copyright © 1998 by Chuck Fager. All rights reserved.
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