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Creator of Boxes for Heroes waits for court's decision on motion to dismiss indictment

State files opposition to motion

Posted: August 14, 2013 - 9:33pm

The Office of Special Prosecutions and Appeals filed its opposition to the motion to dismiss the indictment charging Frank Roach with scheming to defraud through his organization, Alaska Veterans Outreach Boxes for Heroes.

The state charges Roach did not use the hundreds of thousands of dollars donated by Alaskans to Boxes for Heroes to create care packages for U.S. troops overseas, but instead used the money to support his lifestyle and pay his “employees.”

Roach was indicted May 4, 2012 on nine counts — one count of scheming to defraud, one first-degree theft count and seven counts of second-degree theft.

Defense attorney David Katz filed a motion to dismiss the indictment against Roach on July 17. Assistant Attorney General Robert Henderson with OSPA filed an opposition to the motion on July 31.

The motion to dismiss claims the state mislead the Grand Jury about Boxes for Heroes’ non-profit and tax-exempt status and provided “incompetent and inaccurate testimony regarding the management of non-profits.”

In the motion, the defense says there is nothing in the Alaska Non-profit Corporations Act that does not allow a single board member from advising organization spending. The act also does not specify whether certain percentages of funds need to go to a particular area, according to the motion.

The state refuted these claims in its opposition saying Roach didn’t apply for Boxes for Heroes tax exemption non-profit status until nearly two months after he and the organization were indicted. OSPA’s opposition states Roach claimed the corporation was tax-exempt and non-profit when he was soliciting donations, according to a witness. According to the opposition, Roach told donors “all of the money collected would be going to pay for the care packages and shipping costs. … But none of the cash donated to the organization ever made it into the corporate bank account.” That state claims because Roach did not keep any records for the corporation, there is no way to measure how much money was embezzled.

The defense claims the state’s first witness, a former employee for Boxes for Heroes, presented hearsay evidence. The motion contains Grand Jury testimony by the witness who says he brought the ledger log for Boxes for Heroes to his accountant because he wanted to “make sure everything was legit.” His accountant said there were some problems with the log. The witness went to the police with the information after the corporation did not want to hold a board meeting.

The motion argues the witness’s testimony about the accountant evaluation is inadmissible and harmful hearsay because it is trying to be passed as expert opinion and will taint jurors’ perception of other evidence in the case.

The opposition argues the witness’s testimony was not hearsay because it was presented to explain why the witness wanted to hold a board meeting, went to the police and why the investigating officer sought search warrants for the Boxes for Heroes’ bank records. “The testimony was not offered for the truth of the matter asserted,” the opposition reads.

The final reason the motion gives for dismissing the indictment is the state didn’t present evidence that may show Roach’s innocence. The state presented evidence that 1,200 boxes were delivered to National Guard armories for shipment, but the state failed to present witness testimony on this evidence, according to the motion. According to the motion, the investigating officer for the case interviewed a witness with the National Guard who claimed the National Guard received 2,000-4,000 boxes while Roach was “operating the program with other organizations” prior to Boxes for Heroes. “(This information) show(s) that Boxes for Heroes was not a fraud,” the motion states.

In OSPA’s refute of this accusation it says, the organization collected “hundreds of thousands of dollars,” but only donated 1,200 boxes, according to testimony by two witnesses who delivered packages to two different armories. That state claims the 2,000-4,000 boxes that were received while Roach was working with different organizations is not evidence that standing alone proves Roach is not guilty of the charges.

The assistant attorney general suggests the court should deny the defense’s motion to dismiss the indictment.

Roach’s next court date is scheduled for Jan. 15. 2014.

Kaylee Osowski can be reached at kaylee.osowski@peninsulaclarion.com.

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Suss
3227
Points
Suss 08/15/13 - 05:41 pm
1
0
Win the Battle

Win the Battle dude you have already lost the War of public opinion. Now anyone want to sue to recover their donation? The civil standard of more likely than not seems like a slam dunk. Like to see his numbers... 200 to 300 thousand dollars, who will ever really know?

robert white
378
Points
robert white 08/15/13 - 05:54 pm
0
0
planet earth

In all my years of infinite wisdom on this earth, I have discovered there are roaches and then there are roaches living among us!

Raoulduke
2862
Points
Raoulduke 08/16/13 - 05:16 am
0
0
Absolute Pond Scum

My disdain for such ilk is almost to the point of non description.I firmly hope. The full extent of the law be applied against him.As a combat veteran I am disgusted.This person is a phony patriot,and an American with no caring for the people.Who serve this country to protect this guys freedom's.What a role model for his children.

bob99507
361
Points
bob99507 08/16/13 - 11:39 am
0
0
roaches

and like roaches these needexterminated.this is the lowest of the low.

robert white
378
Points
robert white 08/16/13 - 01:26 pm
0
0
boxes for heros

If he filed all the paper work that goes with this type of non profit, he's off the hook.. Its a legal con backed by the laws of this land! Most people would be appalled to find that the best of charities only, at most, 5% goes to the actual cause, police and firemen's charities being among the worst... s army gets the most money to the people in need!!!! Don't fall for it...

Suss
3227
Points
Suss 08/16/13 - 07:14 pm
1
0
Free Lawyer

Roach applied for and was given a court appointed attorney for being financially needy, as he must have sworn to in order to get the free lawyer, heck even his bogus corporation got a separate and free lawyer. So at some point he hires or the corporation hires or someone hires a costly attorney for Roach. What gives, you were either broke or you have mega bucks or a fairy godmother sprinkled a spell on everyone. Show where the money was and how it got there. He had to show and produce some statement about his finances to someone, someplace. Somebody has some explaining to do, Lucy.

spwright
1376
Points
spwright 08/16/13 - 07:31 pm
0
0
Can I get a Refund ?

8/16/13 I gave this Turkey $20.00 in front of 3 Bears years ago. Can I get a Refund ? Where did all of that $Money$ Go ?
SomeOne has some Splaining to Do. SPW

bob99507
361
Points
bob99507 08/17/13 - 09:30 am
0
0
when this is over

How would you like to be this dude looking for a job on the penninsula if he found some one dumb enough to hire him the way most job site that I have been on would make life really tough on him

bob99507
361
Points
bob99507 08/17/13 - 09:30 am
0
0
when this is over

How would you like to be this dude looking for a job on the penninsula if he found some one dumb enough to hire him the way most job site that I have been on would make life really tough on him

Norseman
2921
Points
Norseman 08/18/13 - 09:36 pm
0
0
He should have to do his

He should have to do his prison time at Fort Leavenworth. They'd luv this guy there.

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