TOPEKA — U.S. District Judge Toby Crouse on Tuesday admonished the former leader of a Kansas foster care charity for dragging his feet on plans to enter a guilty plea.
Crouse ordered Robert Smith to stand trial for bilking millions of dollars from Saint Francis Ministries, which Smith led from 2014 to 2020.
Smith, who faces federal charges of conspiracy to commit wire fraud, 15 counts of wire fraud, and one count of money laundering, told the court in May that he planned to enter a guilty plea. Smith subsequently asked the court three times to delay his change of plea hearing.
Crouse rejected the most recent request for a delay and ordered Smith to travel from his home in Tennessee to attend Tuesday’s hearing in person.
But when Smith showed up at the federal courthouse in Topeka, his attorney, Sarah Hess, told the court he still wasn’t ready to change his plea. Hess and the prosecutor have yet to settle on a proposed plea deal that could include dropping some charges.
“I’ve given you all the time I’m going to give you,” Crouse said. “So if you’re not ready to enter a plea, I’m going to set it for trial.”
Hess told the judge, “We do intend to plead guilty,” possibly as early as January. Crouse responded by scheduling a 10-day trial for May 5.
“Is there anything else the government can do for you today?” Crouse asked.
“No, your honor,” Hess replied.
Smith, an Episcopal priest, was known to friends and colleagues as Father Bobby. As president and CEO of Saint Francis Ministries, he allegedly used the company credit card to live a lavish lifestyle. He and his co-defendant, former Saint Francis IT director William Whymark, also schemed to steal at least $4.7 million from the organization, according to court documents.
Whymark, who was indicted on 14 crimes, pleaded guilty on Nov. 18 to two charges of wire fraud totaling more than $2 million. As part of the agreement, he admitted to submitting fraudulent invoices for inflated costs of IT services, and that Smith knowingly approved the inflated invoices.
Whymark also told the court he has been diagnosed with anxiety and depression. He faces up to 10 years in federal prison for each of the two charges.
Smith asked the court last week to delay his hearing by 45 days, and noted that it would be inconvenient for him to make the road trip two days before Thanksgiving.
“Mr. Smith has zero savings,” his attorney wrote in a court filing. “He is not able to afford airfare, and the costs of last-minute gas, tolls, food, and uncertain lodging for the required road trip would completely deplete his available funds.”
Crouse told Smith, “The delays must end,” and ordered him to appear in court.
“The hardships, if any, are the product of Mr. Smith’s choices, as the November hearing has been set for nearly two months,” Crouse wrote in a Friday response. “And any alleged complications seem to be capable of resolution, as his co-defendant has already entered his plea and is awaiting sentencing. The Speedy Trial Act certainly protects an accused’s right to proceed expeditiously, but it also provides the public with an expectation that matters will not languish because an accused seeks to delay justice.”
