Gospel for Asia Class Action Suit Claims Process is Now Open

I just saw the following notice which is relevant to donors to Gospel for Asia. The claims process for the $37 million settlement in Murphy v. GFA is now open.

Pursuant to the proposed class action settlement with Gospel for Asia (and the individual defendants), the claims process is now open. Class members should have received individual notice by mail and/or email from the Settlement Administrator, Heffler Claims Group.

Filing a claim is simple – either:
1. Complete and return the Official Claim Form included with the Notice; or
2. File your claim online at www.gfaclassaction.us

Both ask you to agree or disagree with the list of donations (provided to the Settlement Administrator from GFA) on the website. To review the list, click on the “Donations List” tab on the website and insert your Class Member ID (found on your claim form). If you cannot find your Class Member ID, you may contact the Settlement Administrator using the appropriate prompts on the website.

Importantly, the claim deadline is July 11, 2019.

Should you have any questions, you may contact the Settlement Administrator at (844) 367-8894.

Funds may be recovered via this action and donated to another organization. If you need a reminder of the problems at GFA, please see this post (and this one) and re-read the report of the Evangelical Council for Financial Accountability. Remember that the ECFA removed GFA from membership in October 2015 due to multiple violations of financial standards. GFA promised to seek reinstatement. However, it is now 2019 and GFA still has not done so.

Gospel for Asia’s Headquarters Funded by Canadian Donor Funds – Guest Post by Bruce Morrison

Bruce Morrison is a pastor in Nova Scotia, CA and a former Gospel for Asia supporter. In recent years, he has actively sought to bring to light GFA’s practices regarding fund raising and spending.

In this guest post, Morrison documents and describes the path of funds from Canadian donors to India and then the Wills Point, TX where they were spent to complete the GFA headquarters. The routing of money from Canadian donors who thought they were spending money to help poor India people to the Wills Point campus should be of interest to Canadian authorities. It makes me think that the source of funds to pay the court settlement will likely come from Canadian donors. Thanks to Rev. Morrison for this analysis.

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Bland Garvey CPA, from Richardson, TX, was the accounting and auditing firm that prepared the financial statements for GFA-US in 2013.  In their audit notes they stated that $19.8 million was received from an anonymous donor to help fund the construction of the new GFA head office complex in Wills Point, TX. Later, it was disclosed that this money did not come from an anonymous donor, but instead came from Believers Church in India.  Apparently, the auditors did not research the validity of what they had been told by GFA as one would expect, especially given the large amount of money involved.

The idea that money sent to India designated to spread the gospel and help the poor was later returned to the US for an expensive building project was disturbing to donors who learned of this.

Three years passed.  In a US federal court hearing with plaintiffs Garland and Phyllis Murphy versus GFA defendants, a new and surprising revelation came to light. The $19.8 million for the US building project did not come from India – it came from Canada!

The court hearing took place on May 16, 2017.  On Pg. 32 of the hearing transcript, Judge Timothy Brooks referred to the $20 million that came from GFA-India and the plaintiff’s claim that this money was donor restricted, diverted away from donor’s intents, without donor’s knowledge, and was therefore used fraudulently.

In response, to assure the Court that US funds were not misappropriated, Robert Mowrey, lawyer for the defendants, on page 32, lines 4-19, stated:

The documents – – your Honor, this gets a little complicated, but the documents we have provided to the plaintiffs show that the $20 million did not come from any US donors.  This was $20 million that GFA-India had.  It was their money.  It was sitting in an account in Canada.

There were Canadian donors who had given this money to GFA-India to be used in various purposes.  GFA-India directed that money to be given for the campus and then GFA-India fulfilled requests, the specific requests from internal money in GFA-India to replenish the Canadian account.

The bottom line here is that – – and I don’t know if the Court followed that but the bottom   line here is that none of the $20 million came from any  US donors.

To this the judge replied:

Well, it says in the second sentence that GFA staff confirmed that the funds relating to this donation were originally received by GFA as gifts restricted for the field.

Thus, Mr. Mowrey attempted to avoid allegations of fraud by saying that US-donor money was not used to help fund the new GFA head office. The judge did not agree and contended that even if the $20 million came from Canadian donor-restricted funds they were still – donor restricted!  In other words, fraudulent use by GFA-US of Canadian funds was equally as fraudulent as if the money came from US donors.  For the judge, the country of origin was not an issue.

As incredible as it seems, the lawyer for GFA implied that GFA-US did not defraud US donors, only Canadian donors – as if to say Canadian donors didn’t matter – it’s OK to cheat Canadians!

It is amazing beyond words that unsuspecting Canadians gave close to $20 million USD to help build an elaborate GFA complex in the USA, all the while believing their donations were spent in India.

The idea that GFA-India money sent from Canada was later replenished by GFA-India in India is absurd.  Why not send the money to the US directly from India in the first place?  Even if GFA did replenish the Canadian fund, it would still mean that Canadian donor money was not used as donors intended.

More Evidence of Possible Canadian Violations

Later, at a February 16, 2018 hearing, evidence was given that GFA World in Canada possibly breached laws set forth in the Criminal Code of Canada on many counts and might also be guilty of non-compliance with several CRA regulations.  (GFA World was formerly known as GFA-Canada.)

On page 62, reference is made to GFA’s Indian bank account. Deposits to this account were made from GFA-Canada’s main bank account at a Royal Bank of Canada (RBC) in Hamilton, Ontario, and from there large sums were transferred into an “Indian account” which, in fact, was not located in India, but was actually just a separate account in the same RBC bank.  GFA falsely led donors to believe that their donations had gone to India and were used for the reasons the gifts were given.  The truth was exactly opposite to their claim – the money was still in Canada.

Also on page 62 of the transcript, reference is made to a letter sent by David Carroll from GFA-US to Sarah Billings of the RBC in Hamilton, requesting that she transfer $20 million from GFA’s Indian account to GFA’s head office in the US.  On page 63, Mark. Stanley, lawyer for the plaintiffs, referred to a document showing that this money was received at the GFA head office in Texas.

Apparently, money sitting in the GFA-India RBC account grew to tens of millions of dollars and sat there for an undetermined number of years.  These massive amounts of cash undoubtedly earned interest that aided growth.  No one other than KP Yohannan and a few of his confidants knew of this. Apparently, even Canadian board members were not informed

A search of FC-6 sites In India FYE 3/31/2015 and FYE 3/31/2016 shows that for the first time, GFA entities in India reported that they received money from Canada

CANADA TO INDIA FYE 3/31/2015
From To INR USD CAD 
GFA-Canada Ayana (GFA) 658457500       10,798,703    12,247,310
GFA-Canada Believers Church       933660000       15,312,024    17,366,076
GFA-Canada Last Hour       109840000         1,801,376      2,043,024
GFA-Canada Love India       110393900         1,810,460      2,053,327
Total     1812351400       29,722,563    33,709,737

This is the first year that GFA entities in India reported receiving money from Canada. For the year that ended 12/31/2015, GFA-Canada stated on their T-3010 Canada Revenue Agency (CRA) 2015 Registered Charity Information Return, that they sent $11,105,054 to India.  However, the amount reported as received by GFA entities in India from Canada for the period is vastly different – approximately three times the amount.  Such discrepancies are common practice for GFA.

      CANADA TO INDIA FYE 3/31/2016
From To INR USD CAD
GFA World Ayana (GFA)     219660000         3,294,900      4,393,200
GFA World Believers Church   1953422565       29,301,338 39,068,451
GFA World Last Hour     614395950         9,215,939    12,287,919
GFA World Love India     695898469       10,438,477    13,917,969
Little Hills Believers Church       44077968 661,170 881,559
Total from Canada   4027454952 52,911,824 70,549,099

The following year GFA-Canada, on their 2016 T-3010 Registered Charity Information Return, did not report to the CRA the huge $70,549,099 that was sent to India. They made no mention of their secret Little Hills Corporation. To say the least, their misstatements to the Canadian and Indian authorities are startling.

Follow the Money

In a recent article in the Christian Post, Francis Chan defended Gospel For Asia against allegations of fraud due to misappropriation of finances.

I have great respect for this man of God. He is a gifted Bible expositor and motivator to love and good works.  Bible study groups in my church use his study materials and benefit greatly from them.

I described to an elder in my church the position Francis Chan has taken regarding GFA.  He thought for a moment and then spoke of the gifts of the Spirit as described in the New Testament, comparing ministry gifts to gifts of administration.  He indicated that there is no doubt that Francis Chan is a gifted minister but added that this does not mean he has the same strength when it comes to functions of administration.  Discerning the true nature of GFA’s troubling practices, particularly those by KP Yohannan, cannot be made by one whose eyes are blinded to key facts, regardless of the esteem in which that person is held for other reasons.

I spent three weeks as a guest of GFA in India.  I spoke in Kerala at their seminary and later to their head office staff. I toured with some of their leaders and spoke at their Bible training centre and at some of their churches in Tamil Nadu. I travelled to Sri Lanka to speak at their Bible training centre in that country. My daughter, Sharlene, attended the GFA seminary in Kerala for two years and graduated with a bachelor’s degree in the year 2000. The teaching staff were well qualified and spiritually minded   Sharlene, along with two others, were the first students from the West to attend the seminary. Prior to this she served as a volunteer at GFA’s head office in Dallas, TX, for six months and after graduation she worked at GFA’s Canadian office. My church supported GFA for twenty years.

Nothing in our experience indicated that anything was wrong.  I was a strong supporter of GFA and an avid advocate of their ministry encouraging others to support them. As far as I knew there was every reason to applaud voices such as Francis Chan’s in endorsing GFA.

However, the day came when I began to learn that things might not be what I had thought they were.  I began to enquire.

Where Is The Field?

My first letter to GFA was dated March 27, 2015 and was followed by a series of letters.  When I questioned why $108 million GFA-Canada reported to the CRA they had sent to India over an eight-year period was not reported to the Indian government that it was received, KP Yohannan responded by email and said:

In Canada, GFA India has a bank account owned and controlled by them. When all field donations come into our Canadian office, they are entered according to donor and designation preference by our staff at GFA Canada, and then deposited into the same bank account in Canada controlled by GFA-India.  So once the funds are deposited into that account, they are considered received on the mission field and available to the field immediately.

That money deposited in a Canadian bank was considered to be “on the field” was both surprising and alarming.  The full impact of this did not become apparent until the Murphy v. GFA court hearings took place and until GFA entities in India reported their 2015 and 2016 foreign incomes.

“Love covers a multitude of sins” (1 Peter 4:8) is wonderfully true.  It is also true that, “Love does not delight in evil but rejoices with the truth” (1Corinthians 4:6).

Essential to true love is a love of truth, and valid discernment cannot be devoid of truth.  The truth of GFA’s deceptive financial practices as evidenced by its use of Canadian donor money is but one example of a much greater picture that remains hidden from the view of many due to repeated denials of the truth.

I pray that someday soon this will end.

……………………………..

When the recent court settlement says that all moneys sent “to the field” were used on the field, it doesn’t mean much when “the field” is this loosely defined. Donors still need to be wary.

Questions for Superstar Francis Chan About Gospel for Asia

Francis Chan is a superstar pastor who has a franchise called Crazy Love™.  There is a Crazy Love book, study guide, website, ministries (plural) and store where you can “shop now” for all of Chan’s books. Like all superstars, he also has a church planting network. We used to call them denominations. His is called We Are Church. He is pretty cool.

Anyway, he is also a board member of Gospel for Asia. That has always confused me because GFA hasn’t had such a cool recent history. But Francis Chan thinks everything is fine. In fact, he is out saying that GFA hasn’t done anything wrong, telling Christian Post that he researched the matter with a trusted friend and found nothing wrong with GFA’s finances.

I have written Francis Chan in the past and he first had his Crazy Love assistant Chaz answer me. When Chaz didn’t actually answer the question I asked, I wrote back but Crazy Love stopped responding.

In response to Francis Chan’s statement about GFA, I still have some questions. Maybe someone at We Are Church or Crazy Love will tell someone who will tell someone who can ask Francis Chan about it.

Dear Francis Chan:

One, if there were no financial problems at GFA, then why did Evangelical Council for Financial Accountability take the rare step of evicting the organization from membership? In case you didn’t read the report, you can read all about it here. Chaz can print out a copy for you.

Two, why did a federal judge appoint a special master to oversee GFA during Murphy v. GFA? I think you know the answer. GFA couldn’t verify their expenses and the judge had given the leaders months to do so. Being sanctioned by a federal judge isn’t a sign of an honest broker.

Three, why does His Eminence The Most Reverence Metropolitan Dr. K.P. Yohannan need to have a personal fortune when he is the supreme Metropolitan of Believers’ Church in Asia? You looked at his tax returns in the U.S. but did you consider the vast wealth of Believers’ Church in Asia? How does being the patron of a state of the art medical center and medical college in India figure into one’s empire? Why does the church need a soccer team? What needs or wants are not met when the church supplies everything due to your position as supreme temporal and spiritual authority?

Four, why did GFA cover up the transfer of $20-million from Canada to India to the U.S. for the completion of the Texas headquarters? I assume you’ve been to the compound. I hear it is pretty nice. You probably wouldn’t need a big income if you have everything you need provided for you by donors who think their money is going to evangelism and poor children in Asia.

Five, why hasn’t GFA told donors that Believers’ Church and GFA lost registration as a charity in India? When Compassion International lost their registration, it made the New York Times. When it happened to GFA, GFA told several different false stories. It still isn’t clear how funds are getting into India, if they are getting in at all.

I have more questions but that should do for now. As a board member, you will be busy meeting your two new colleagues, Garland Murphy and whoever he helps chose to take Gisela’s place. Also, you all are going to have to raise the $37-million for the settlement. Since a lien will be on the Texas headquarters, you will be really busy raising money to pay the $11-million you can’t get from “the field.” Probably, raising $11-million to pay a court settlement is really going to keep the board busy. Donors might be a little skeptical of an organization raising money to pay former donors who settled a RICO suit.

Crazy.

Love, The Blogger

P.S. In case you haven’t read the Murphy v. GFA settlement, it is here.

Was Gospel for Asia Vindicated by the RICO Settlement?

Reading the Gospel for Asia press release about the settlement of Murphy v. GFA (RICO lawsuit), one might think GFA came away vindicated. In the settlement document, GFA proclaimed their innocence and both parties agreed that all funds given by donors “to the field” went “to the field.”

Read the Murphy v. GFA Settlement

However, GFA still isn’t being transparent with the public on multiple counts. The “field” is a big place and just because funds get to Asia doesn’t mean they were spent as designated by donors. In the course of discovery, we learned that GFA interprets “the field” as being the banks where funds are deposited after they leave GFA in Texas. Yes, funds were sent to “the field” but that doesn’t mean donor intent was honored once those funds left Wills Point, TX. The plaintiffs did not stipulate to that, nor did the settlement document attest to that.

In the past, I have provided evidence that GFA has collected funds to send to Asia but used them for purposes other than intended by donors.  A tax court in India also asserted the same thing. Then, there is the matter of $20-million which came back from Asia to help finance the Texas headquarters. Donors did not give $20-million to finance a compound in Wills Point, but at least some of those funds first went to the field before they came back to Texas for purposes other than what donors intended.

Furthermore, GFA still isn’t being transparent with donors about the charity registration situation in India. GFA and Believers Church in India lost their registration status in India and cannot directly take foreign contributions. No doubt GFA is sending funds to shell organizations in India but this flaunts the law there. I and others have repeatedly asked GFA how Bridge of Hope and flood relief funds are getting to Indian recipients, but they have given false answers. If GFA is actually going to try to get membership again in the Evangelical Council for Financial Accountability, the organizational leaders will have to be accountable to the public.

Although most of the GFA board remains intact, Garland Murphy and one more outsider will join the board soon. In addition, a subcommittee of the board –which does not include Yohannan or his son — will report to the federal judge for three years. All of this should make the board more transparent. When GFA will not answer questions or provide answers, I know two board members who will have no incentive to keep any secrets.

More than transparency, I hope the board becomes independent. The board will be required to learn about fiduciary responsibility and act accordingly. Given the precarious place K.P. Yohannan has taken GFA in recent years (loss of ECFA and NRB memberships, loss of recognition with federal government’s giving campaign, RICO lawsuit, etc.), I have to believe any reasonable board would have to look at his status as CEO. The track record isn’t good. Perhaps it is time for the board to act in the interest of GFA.

In short, GFA lives on but has not yet been vindicated.

Gospel for Asia Settles RICO Lawsuit; Agrees to $37-Million Settlement

In court documents filed today, Gospel for Asia settled with plaintiffs Garland and Phyllis Murphy by agreeing to set aside $37-million in a Settlement Fund to provide relief for donors as well as cover court costs and attorneys’ fees. GFA also agreed to have Dr. Murphy join the board of the organization. Murphy and GFA will also work together to designate a replacement for K.P. Yohannan’s wife who will go off of the GFA board. GFA also agreed not to appoint any other relative of Yohannan to the board.

GFA also agreed to create a board subcommittee which shall not include Yohannan in order to provide oversight for the organization’s compliance with the settlement. The mission organization also agreed to comply with Evangelical Council for Financial Accountability guidelines and seek readmission to membership.

Read the Settlement 

GFA continued to deny wrongdoing but nonetheless agreed to establish a stunning settlement fund of $37-million.  GFA will raise the $37-million as follows:

GFA-USA will fund the Settlement Fund as follows: (a) within thirty (30) Days following entry of the Preliminary Approval Order, GFA-USA will transfer $26,000,000 to the Settlement Administrator (via wire instructions provided by the Settlement Administrator to GFA-USA) to an interest-bearing escrow account; and (b) GFA-USA will raise $11,000,000 within twelve (12) months of the date of the entry of the Final Approval Order, which will be transferred to the Settlement Administrator (via wire instructions provided by the Settlement Administrator to GFA-USA) to an interest-bearing escrow account, on or before the end of the twelfth month after the Agreement is executed.

GFA Headquarters Will Be Held as Security

GFA may try to raise funds to pay donors via new donors. In order to make sure the funds are paid to the class members, the headquarters will be held in a deed of trust. GFA has to come up with the money since the main campus is on the line. From the settlement:

To the extent the funds to be raised under Section 4.2.2(b) are raised through donations, they shall be raised through solicitations for general ministry purposes. To secure the obligation of GFA-USA to fund the additional $11,000,000 to the Settlement Administrator, GFA-USA shall grant a deed of trust lien for the benefit of the Settlement Administrator against the GFA-USA campus, such deed of trust to be in the form attached hereto as Exhibit G (the “Deed of Trust”). At such time as the $11,000,000 is transferred to the Settlement Administrator pursuant to Section 4.2.2(c), the Deed of Trust shall be released.

This is a stunning outcome and should be a warning to all nonprofit organizations, especially megachurches. Donors are watching and want to know where those funds are going. GFA is spinning this already on their website but this is a staggering blow to an organization and group of defendants which once bragged that they were above reproach.

I will have more coverage of the settlement over the next few days.