SANTA ANA,
California – The pastor of the Westminster-based Church of the Healthy Self has
agreed to plead guilty to federal criminal charges that he orchestrated a
church-based investment scam that took in more than $33 million, United States
Attorney Nick Hanna announced today.
Kent R.E.
Whitney, 38, of Newport Beach, has agreed to plead guilty to a two-count
information charging him with mail fraud and filing a false federal income tax
return. The criminal information and a related plea agreement were filed
Wednesday in United States District Court.
According to
his plea agreement, from September 2014 until April 2019, Whitney engaged in a
scheme to defraud investors through the Church of the Healthy Self (CHS), a
non-profit corporation, and its related entities, including CHS Asset
Management, Inc. Whitney founded these entities, operated them out of a strip
mall in Westminster, and claimed to be the pastor of CHS.
At Whitney’s
direction, CHS representatives appeared on television and at live seminars at
CHS offices to solicit investments in CHS Trust, the church’s investment arm.
Recordings of these appearances frequently were uploaded onto YouTube.
In these
appearances, at Whitney’s direction, CHS representatives made false or
misleading claims, including:
CHS Trust
guaranteed an annual rate of return of 12 percent;
CHS Trust
guaranteed a return of principal with no risk because it was federally insured;
The worst return
received during the previous five years was a 1.5 percent profit for the month
of January 2015;
Traders used by
CHS had not lost money in 15 years; and
CHS was audited by
accounting firm KPMG.
In reality, little investor money went into
any trading accounts, according to court documents.
Relying on
these false statements, victim-investors sent more than $33 million to CHS from
2014 to 2019. As part of the scheme, Whitney directed that monthly statements
be sent to victims that contained false reports of investment returns. Whitney
intended to lull victims into believing their money had been invested and was
consistent with the false claims made by CHS representatives.
Whitney also
admitted in his plea agreement that he knowingly and willfully signed and filed
a false federal income tax return that reported that his total income for the
tax year 2018 was $17,539. In fact, as Whitney knew, his true income for that
year was at least $452,872, of which approximately $435,333 was obtained via
Whitney’s CHS fraud. The resulting tax loss was at least $130,808, the plea
agreement states.
When Whitney
enters his guilty plea, he will face a statutory maximum sentence of 23 years
in federal prison.
The FBI
investigated this matter. The Securities and Exchange Commission provided
substantial assistance with the investigation.
This case is
being prosecuted by Assistant United States Attorney Gregory W. Staples of the
Santa Ana Branch Office.
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