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By Jim Coggins
"CHRISTIANS are vulnerable because our value of trust causes us to
want to trust people," said Don Simmonds, CEO of Crossroads Christian
Communications. "We need to make sure we are diligent so we are not
taken advantage of."
He was commenting on decisions announced by the Ontario Securities
Commission (OSC) on August 13 regarding three men who had worked for
the organization.
The case involves an alleged "Ponzi scheme" operated by a man named
Gordon Driver between 2006 and 2009. Although the OSC has ruled that
the three men associated with Crossroads were "not party to the
fraud," it has concluded that they acted inappropriately.
Crossroads, founded by David Mainse, produces 100 Huntley Street, the
longest running daily Christian television program in Canada.
In 2007, his son Ronald was serving as president of Crossroads, and
another son, Reynold, was president of World Class Communications,
which had contracts with Crossroads to promote international
humanitarian aid missions. David Rutledge, a cousin of Ronald and
Reynold, was also working under contract with Crossroads.
Allegations
According to a Statement of Allegations issued by the OSC on August
12, Gordon Driver "was the directing mind of a fraudulent scheme
involving Axcess Automation." Driver apparently told investors that he
had developed computer software that would give better guidance for
trading in stocks (S&P 500 futures) and generate very large returns.
Between February 2006 and March 2009, 200 investors invested over $15
million in the scheme. Driver invested $3.7 million in stocks, losing
all but $150,000. He returned $10.4 million to some investors to
maintain the illusion that the scheme would generate remarkable
returns, and "misappropriated" $1.1 million for his personal use.
These allegations have been made by OSC investigators, but the case
has not yet been heard by the OSC.
Driver had worked briefly for Crossroads in 1977, but had then moved
to the United States, where he eventually established Axcess
Automation. Driver returned to Canada, moved into the same
neighbourhood as Ronald Mainse in 2005 and started attending the same
church.
Because they had known Driver before and trusted him as a Christian
brother, Ronald and Reynold Mainse and David Rutledge began investing
in Driver's scheme in 2007. When Driver offered them a commission for
bringing in new investors, the three also began encouraging friends
and family to invest. Rutledge and Ronald even set up an investors'
group to facilitate these investments.
According to a settlement agreement announced by the OSC on August 13,
Ronald Mainse invested $31,200 and convinced other friends and family
to invest a further $55,000. Driver returned to Ronald commissions and
profits amounting to $138,176 - a return on investment of over 400
percent in less than two years.
According to another settlement agreement announced by the OSC on
August 13, Rutledge invested $26,000, encouraged others to invest over
$2 million more and received $262,818 in profits and commissions.
According to the Statement of Allegations, Reynold Mainse convinced 22
investors to put over $4 million into the scheme and received
commissions of $210,219.
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Settlement
In the Statement of Allegations, the OSC stated that Rutledge, Ronald
and Reynold "were not party to the fraud." That is, they did not know
the scheme was fraudulent. However, Ronald and Rutledge admitted that
they lacked knowledge about investing in securities and "failed to
exercise due diligence."
In addition, the OSC stated that none of the men, including Driver,
was licensed to sell securities in Ontario. In accepting commissions,
the three Crossroads men were violating securities laws. In their
statements to the OSC, the three said that they had not realized this
was improper until late in 2008.
On August 13, 2010, the OSC announced negotiated settlements with
Ronald and Rutledge.
Simmonds told CC.com that the two had "paid dearly" for their mistakes.
According to the settlement reached with Ronald, he loses his $31,200
investment; he must repay the entire $138,176 he received (which will
go to compensate other investors); he was fined $10,000 plus $700 for
costs of the investigation; and he has been forbidden to trade in
securities for eight years.
According to the settlement reached with Rutledge, he must repay the
entire $262,818 he received (which will go to compensate other
investors); he was fined $35,000 plus $2181 for costs of the
investigation; and he has been forbidden to trade in securities for 15
years. Rutledge has paid $90,000 of the money, he must pay $120,000
from the proceeds of the sale of his house, and he still owes $90,000.
The case against Reynold has not yet been settled.
A warning
Simmonds told CC.com that the Crossroads board handled the situation
prudently. Not only were the three men involved asked to step back
from the ministry for a time, but the board also ordered a complete
audit. This confirmed that no Crossroads ministry activity nor any of
its funds had been involved in the scheme. The three men had promoted
the scheme to family and friends, but had not mentioned it on air.
As acknowledged in the OSC documents, the reputations of the three
Crossroads men have suffered significantly. Neither Reynold nor
Rutledge has been under contract with Crossroads since 2008.
After being suspended from the ministry for a time, Ronald has
returned -- but not as president. He appeared on 100 Huntley Street in
October 2009 and talked about his failures in the matter.
After Simmonds was appointed CEO of Crossroads in November 2009, he
invited Ronald to return to Crossroads as executive producer of 100
Huntley Street and spiritual director of the ministry.
While acknowledging Ronald's failures, Simmonds noted that the three
men associated with Crossroads had cooperated fully with the
investigation. He said he has been "absolutely impressed" with the way
Ronald has admitted his failures and handled the situation.
Simmonds said that the ministry is convinced Driver targeted the men
associated with Crossroads. "Unfortunately, the faith community can be
easily taken advantage of because it highly values trust in
relationships, said an August 13 Crossroads news release. "This
situation underscores the need for greater awareness and diligence to
avoid vulnerability."
Simmonds told CC.com he hopes Crossroads' "terrible experience" will
serve as a warning to other Christians. He added, "It's a fallen world."
August 26/2010
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