United States v. Bakker

925 F.2d 728 (4th Cir. 1991)

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Nature of the Case

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Facts

Bakker (D) formed PTL and began construction on Heritage USA as a Christian retreat for families. Heritage Village was added in 1983; a vacation park. The Towers Hotel was constructed. These projects were financed by selling lifetime partnerships. These ranged in price from $500 to $10,000. Eight of these partnerships promised benefits that included annual lodging at the Heritage Village facilities. D used the mail to solicit sales of these partnerships. He also used his TV show to do the same. D raised $158 million from the sale of 153,000 partnerships with lodging benefits. D promised television viewers that he would limit the sale of partnerships to ensure that each owner would be able to use the facilities annually. D oversold them. With a physical limit of 25,000 at the Grand Hotel, D sold 66,693 partnerships. D didn't even use most of the funds to build new facilities in an effort to at least supply what he promised. D used those funds to pay operating expenses of the PTL and to support a lavish lifestyle. D was indicted for fraud. At trial, an F.B.I. agent testified that he reviewed over two hundred hours of broadcasts that had aired from February 1984 to April 1987 and edited them into eleven composite tapes. They were admitted into evidence over D's objections. At trial, an F.B.I. agent testified that he reviewed over two hundred hours of broadcasts that had aired from February 1984 to April 1987 and edited them into eleven composite tapes. They were admitted into evidence over D's objections. D contends that before the composite tapes could come into evidence, the original broadcast tapes on which the composites were based first had to be introduced into evidence under Rule 1006. D was found guilty of all 45 counts against him and sentenced to 45 years and given a $500,000 fine. At the sentencing, the judge commented on how those who do have religion are ridiculed for being saps from money-grubbing preachers or priest. D appealed his sentence claiming due process was violated and appealed.