BY: GRACE HILLS
Kansas Reflector
TOPEKA — Former Kansas foster care leaders accused of defrauding their old employer of millions of dollars indicated in court that they plan to change their not guilty pleas, avoiding a trial.
William Whymark, the former IT director for the regional foster care provider Saint Francis Ministries, is expected to change his plea later this year as attorneys continue to negotiate a deal. His co-defendant and former Saint Francis CEO Robert Smith is also “actively engaged in plea negotiations,” Smith’s attorney said at a Wednesday hearing.
Smith faces federal charges of conspiracy to commit wire fraud, 15 counts of wire fraud and one count of money laundering amounting to $4.7 million in damages. Whymark faces federal charges of conspiracy to commit wire fraud and 10 counts of wire fraud. A federal grand jury indicted the two in November 2022.
U.S. District Judge Toby Crouse set a May 28 hearing for Smith, whose attorney expressed concern Wednesday with some of the case’s numbers and calculations for alleged fraud. Whymark is expected to change his plea at a Sept. 3 hearing.
The two defendants were not present at Wednesday’s status conference. Whymark’s attorney said Whymark was in the emergency room the night before and is scheduled to receive additional treatment. Smith, who lives in Tennessee, waived his right to appear.
A court filing from Feb. 25 showed Whymark and Smith are “presently involved in plea negotiations and anticipate resolving this case without a trial.” They face a maximum sentence of 20 years in federal prison, plus fines and restitution.
Court documents allege that Smith used Saint Francis Ministries’ credit cards for personal expenses and that “materially false invoices” paid Whymark’s IT company more than $10 million. Court documents say Saint Francis Ministries had to spend an estimated $3.2 million to repair Whymark’s “grossly deficient and overpriced” work.