An independent voice for ethical adoption
Focus On Children – Recommendations on Payment to Trust Fund
On Feb 28. 2007 the defendants representing Focus on Children were charged in an indictment for their conduct related to a fraudulent adoption scheme. On January 6, 2009 the defendants plead guilty to lesser charges. On February 25 and March 10, 2009 the defendants were sentenced to 5 years’ probation, they are banned for life from participation in the adoption business and they must contribute monthly to a trust set up for the adoptive children affected by this case.
The sentence was sharply criticized by many as being too lenient because the defendants received no prison sentence. The judge overseeing the case himself stated, “”Lord knows, if anyone deserves jail time, it’s you.” And federal prosecutors acknowledge that because the defendants did not receive a term of imprisonment, “it may appear to the public and the families impacted that the defendants ‘got off light.’”
Despite the lack of jail time, it was hoped that the trust established for the adopted children affected by the case would deliver at least some measure of restorative justice to the families involved. The primary purpose of the trust is to facilitate communication between the adoptive families and birth families in Samoa. In its sentencing memorandum, federal prosecutors stated:
In order to make this resolution work, however, the defendants must make substantial contributions to this trust. This is true for two reasons. First, this is the penalty for the defendants conduct and the contribution on the defendants’ part must be burdensome. Second, to facilitate overseas communication to a country, for at least the next five (5) years, costs money, especially without the technology enjoyed in the United States.
We’ve uploaded the recently released “Government’s position with regard to Defendant’s conditions of probation” setting forth the prosecutors’ recommendation on what each of the defendants should pay into trust. Taking into account each of the defendants’ differing levels of responsibility and personal financial situations, prosecutors have recommended the following contributions to the trust:
Defendant Total Contribution Monthly Payment The Banks $60,000-$100,000 $1,000-$1,667 Mr. Wakefield $24,000 $400 Ms. Bartlett $15,000 $250 Ms. Thornock $9,000 $150 Total: $108,000 – $148,000 $1,800 – 2,467
Given the severity of the charges brought against them, these proposed amounts do little more than add insult to injury. Consider Defendant Wakefield for example. The indictment alleged that Defendants’ Banks transferred approximately $281,388 to him in Samoa with respect to his facilitation of the adoptions yet it is proposed that he only pay a total of $24,000 to the trust. It is questionable how far an insufficiently funded trust can go in facilitating communication between the families.
The original indictment can be found here.
The heartbreak to the families involved created by Defendants will last much longer than the five year term of the trust, it will last a lifetime. What are your thoughts on the sentencing? What should have been the appropriate sentence? Is justice being served?
One Comment to “Focus On Children – Recommendations on Payment to Trust Fund”
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August 3rd, 2009 at 10:37 pm
This is just one more example of how adoption fraud continues to be perpetuated–because people (facilitators, etc) do not fear REAL punishment. It is time to capture this immoral behavior in the human trafficking laws and develop punishment that is equal to this crime which results in devastation for all involved.