Gospel for Asia Claims They Want an Impartial Arbiter but Acts to Delay Discovery

Wills Point GFA Chapel - Architect website
Wills Point GFA Chapel – Architect website

One year ago, Gospel for Asia’s leaders said it was a “blessing” to have “an impartial arbiter” bring resolution to the allegations contained in the RICO lawsuit advanced by former donors Matthew and Jennifer Dickson. In a February 15 article, GFA is quoted by Charisma News:

We consider it a blessing to finally have the opportunity to bring this matter to full resolution through an impartial arbiter, and you can rest assured that in the meantime we will continue operating on behalf of some of the world’s most desperate people in some of its most complex environments.

However, since then, GFA has attempted to have the suit dismissed and is now appealing the most recent ruling which would allow the RICO case to proceed to discovery and trial. GFA would also like the federal judge to grant a stay of discovery while the appeal is being decided by the Eighth Circuit Court of Appeals.
For their part, the Dicksons have opposed the appeal and the stay:

Defendants ask the Court to use its discretion to grant them a stay, delaying all proceedings in this case for however long it takes the Eighth Circuit to dispose of their appeal of the Court’s carefully reasoned Order denying their motion to compel arbitration. Under a straightforward application of the four-factor analysis that governs the disposition of such requests, Defendants fail to carry their burden. And Defendants’ alternate argument for a “mandatory stay” is neither supported by Eighth Circuit law nor otherwise warranted. This important case potentially affects the rights of tens of thousands of donors across the country, and it should not be delayed a day longer. The Court should deny Defendants’ request.

Apparently, GFA no longer counts it a “blessing” to have the opportunity to bring these allegations to “full resolution through an impartial arbiter.” If GFA’s leaders really want that blessing, then they should allow the case to proceed to discovery.  It is hard to take GFA’s claims seriously when they are doing everything possible to keep the case from moving forward.
 
GFA’s Motion to Appeal
GFA’s Motion to Stay Action on Proceedings

U.S. District Court of Western Arkansas Rules RICO Case Can Proceed Against Gospel for Asia

In April 2016, Gospel for Asia’s celebrity attorneys asked the Western Arkansas District Court to either dismiss the RICO suit against them or to require plaintiffs Matthew and Jennifer Dickson to submit to binding arbitration.  Today, the court declined to dismiss the case. Furthermore, they declined to require the Dicksons to enter arbitration, ruling that their employment contract did not envision a case such as this.
In short, the RICO suit against Gospel for Asia will go forward. From the court order:

Plaintiffs’ complaint is sufficiently pled to overcome the hurdles posed by Defendants’ motions to dismiss, and this case must proceed to discovery.
III. Conclusion
IT IS THEREFORE ORDERED that Defendants’ motion to compel arbitration (Doc. 23) is DENIED.
IT IS FURTHER ORDERED that Defendants’ motions to dismiss (Docs. 25 and 27) are DENIED.
IT IS SO ORDERED this 18th day of January, 2017.
/s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

Over the next several days, I hope to review my posts concerning GFA from 2015 which should give some indication of what discovery will be like for the defendants.

Gospel for Asia Spent Nearly $100,000 More on CEO K.P. Yohannan's House Than Other Homes in GFA's Complex

In 2014, when Gospel for Asia moved to the current Wills Point, TX location, staff were told they could pick out a plan to build a brand new home. Eventually, staff were charged a monthly fee to live in the complex after the homes were build. Without special permission, no deviations were allowed in the plan selected from the options offered by Altura Homes.
Given K.P. Yohannan’s teachings on frugal living, one might expect his home to be the most modest with very few alterations. However, in documents I have recently received, another picture emerges. Yohannan’s home is by far the most costly and he was allowed to make upgrades to his custom built home. See below for just one section of the very long list of over 80 homes built in the GFA complex:
KPs House
K.P. Yohannan’s house costs are circled in red.  His home cost $228,240 whereas no other home exceeded $135,000. He also made costly changes to the pre-existing plan making it a custom built home.  See below for a summary of one change order (see the entire six page itemized change order here).
KP House changes
The costs involved here are not exorbitant. The important consideration is what K.P. Yohannan tells donors in his books versus what GFA has become here and in India. From Yohannan’s first book, Revolution in World Missions:

Religion, I discovered, is a multi-billion dollar business in the United States. Entering churches, I was astonished at the carpeting, furnishings, air conditioning and ornamentation. Many churches have gymnasiums and fellowships that cater to a busy schedule of activities having little or nothing to do with Christ. The orchestras, choirs, “special” music—and sometimes even the preaching— seemed to me more like entertainment than worship. Many North American Christians live isolated from reality—not only from the needs of the poor overseas, but even from the poor in their own cities. Amidst all the affluence live millions of terribly poor people left behind as Christians have moved into the suburbs. I found that believers are ready to get involved in almost any activity which looks spiritual but allows them to escape their responsibility to the Gospel.

I actually agree with this criticism of the Western church. However, as we have seen over the last year, GFA has become part of the religion business as a multi-national corporation.*
 
*For those new to my posts about Gospel for Asia, start at the beginning and work your way back.  You could also start with this post.

Gospel for Asia Refuses to Disclose Audited Financial Statements

For years, Gospel for Asia touted membership in the Evangelical Council for Financial Accountability and claimed to adhere to the highest standards of financial integrity. In October 2015, the ECFA revoked the membership of GFA due to numerous violations of accountability and financial standards.
One of those standards is the public disclosure of a yearly audited financial statement. Recently, former GFA employee Travis Helm asked GFA for a copy of the 2014 and 2015 audit financial statements. He had (along with others) requested a copy of the 2014 statement but was refused. GFA’s representative told him that their lawyers advised them not to release the statement. More recently, Helm told me that a representative of GFA informed him that GFA would not release these documents. Here is the response from GFA:

I’m sorry but I won’t be able to send you those. Because of the lawsuit we’re quite restricted on what information we can give out.

This doesn’t seem right to me. I can’t imagine that GFA would be allowed to keep the audits from the court. I can’t see how public disclosure from a non-profit would influence the court case — unless there is something incriminating in the audits. If GFA can’t disclose what people are giving and how they spent those funds, perhaps the organization should suspend operations until the case is over.
In any case, as a potential donor to any organization, I would not donate unless I could see this information.

Gospel for Asia Fails K.P. Yohannan's Own Stewardship Test

Yesterday, I noted how K.P. Yohannan criticized missionary hospitals and schools in his first book but now funds them in India with millions of donor dollars.
Today, at the suggestion of a reader, I take a look at similar criticism in his third book, originally titled Why the World Waits.
On pages 245-246 Yohannan’s 2004 edition re-titled Come, Let’s Reach the WorldYohannan poses some questions prospective donors should ask about mission organizations. While I don’t know the answers to all of them as applied to GFA, the answers I do know suggest Yohannan’s GFA fails his own test.
From the book:

Ask questions relating to financial and administrative standards.
1. Is an annual audit done by a certified accountant?

Until I reported on errors in the 2013 audit, GFA published an audit available by request. According to GFA sources, the most recent audit for 2014 has been completed but GFA won’t release it.

2. Is the audit made available to the organization’s constituency?

Not currently. For many years, GFA refused to post their audit citing security concerns. However, until recently, one could request a copy by mail. Now, GFA will not release an audit of the U.S. affiliate. To my knowledge, there is no public audit of the Indian organizations (i.e., GFA-India, Believers Church).

3. Is the ratio of spending for field ministry considerably greater than for administration? (It should be at least 80 percent for actual ministry.)

The actual ratio is a matter of debate. For many years, GFA claimed to send 100% of donated funds to the field but an analysis by Jason Watkins casts doubt on that claim. There is ample reason to suspect that many donations have gone to pay for hospital construction as well as other projects not designated by donors.

4. Are all documents, assets and the like in the name of the organization (not an individual leader)?

No, Believers’ Church* policy requires that property and assets be listed under the name of K.P. Yohannan as Metropolitian bishop along with the church.

5. What are the major items of expense? (If funds go primarily for properties, hospitals and schools rather than for actual field evangelism, be extremely cautious to check them out.)

As I have documented, GFA has amassed an empire of for profit schools and hospitals. They own a rubber plantation, a finance company, rental properties, and sponsor a professional soccer team. An Indian tax court found that GFA did not spend “substantial” funds as donors intended. According to Watkins financial review, only a tiny portion of the donations went to evangelistic activities.

6. Is the missionary or group receiving any financial assistance from other sources?

GFA receives funds primarily from donors in the U.S., Canada and the UK.

7. Is there a written agreement to declare all sources of income for any given project?

In the past, GFA promised to spend funds in accord with donor intent. After losing membership in the Evangelical Council for Financial Accountability, GFA changed their promise to make it more explicit that the organization may use donated funds for purposes other than donors intend.

8. Is the group registered with the government as a charitable or nonprofit organization?

Yes.

9. Are finances and financial records handled only by the leader and his relatives? (If this is the case, then you have good enough reason not to support him.)

According the Believers’ Church constitution, funds cannot be spent without the oversight of the Metropolitan Bishiop (Yohannan). He has relatives on his boards (his wife, son, daughter, son-in-law and niece are on various boards with oversight over the funds).

10. Are the accounts jointly operated (that is, at least two people responsible for handling the funds)?

As noted above, Yohannan has the final say on how money is spent. There is a committee which exercises oversight but Yohannan has veto power over all actions of the Believers’ Church. His name is on the deed to all properties.

11. Are written and signed receipts kept for records of how money was spent for any given project or missionary?

When GFA illegally sent U.S. currency to India in student backpacks, students and staff were promised receipts. However, for the most part, these were not given to students and one staff member had to implore Yohannan and the U.S. leadership for receipts.

12. Who makes decisions that govern the activities of the mission?

Clearly, by Believers’ Church constitution, the decisions are made by K.P. Yohannan. According to former staffers, the same is true in the U.S., the board has very little role. One former board member Gayle Erwin left the board because he became convinced that Yohannan was withholding information from the board. Furthermore, Yohannan re-wrote a report Erwin penned because Yohannan perceived that the report portrayed GFA in a negative light.
More recently, Yohannan removed two board members from the board of GFA Canada after those board members began asking questions about GFA’s financial dealings.  The removal was contrary to the organization’s by-laws.
By his own standards, Yohannan’s current GFA fails badly and isn’t a good candidate for donations.
According to veteran missionary Billy Bray, the book should have listed him as first author since he wrote much of it. Read more about the authorship of Yohannan’s first three books here.
 
*Believers’ Church is the central organization in India. GFA in the U.S. sends donated funds to Believers’ Church to use them in India via GFA-India and other government registered charity entities.