On March 28, a credit union annual meeting will decide whether Jerry Logan will retake a seat on the board of the $602 million Alabama One Credit Union.
Logan, who had resigned from the board 11 years ago, collected enough signatures to be included on the ballot and turned them in on Feb. 13.
However, since receiving a letter confirming his eligibility, Logan said there hasn't been any communication on some important parts of the process.
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"I know they are supposed to have a mailed ballot, but we don't know who is supposed to count those ballots or whether there can be an independent observer to watch them being counted," Logan said.
Logan said he wants an independent observer because the credit union engaged its CPA to count ballots in previous elections, and Logan questioned how someone who works for the credit union could count the ballots and, crucially, decide which are valid.
"I am not saying anything against the man," Logan said. "I am sure he will do a fine job. But on something this important, I think we have to complete transparency."
Sarah Moore, administrator of Alabama's Credit Union Administration, pointed to the state's regulations which said that the credit union's bylaws determine the election processes. However, he added that she had the power to act if it something about the balloting appeared suspect.
The race has grown in importance after a late 2014 check kiting scandal sparked the contest. It was only the first in a series of successively worsening problems for the credit union, according to legal records.
Not only did Tuscaloosa, Ala., used car dealer and real estate developer Danny Ray Butler take Alabama One for $1.275 million in the check fraud, court records show the now bankrupt Butler owed Alabama One roughly $11.5 million in real estate and business loans, and may owe the credit union much more.
A lawyer working for the credit union, Paul Poppins, maintained tat the $1.275 million in bad checks had been covered, but declined to comment on the loans.
"You asked some specific questions about a member's loans with the credit union," Poppins wrote in an email to CU Times. "As I am sure you are aware, the credit union is limited by law regarding what it can say about a member's account, regardless of the circumstances."
Butler pleaded guilty to bank and wire fraud in February 2014 and was sentenced to three years in federal prison, according to court records. He entered the federal correctional system on Sept. 19, after the court revoked his bond, finding that he had met, on behalf of a financial institution, with a witness to fraudulent behavior and tried to convince the witness to retract a complaint the witness had made to bank regulators.
Butler, now residing in the Federal Correctional Institution in Talladega, Ala., could not be reached for comment before press time. His lawyer, Max Pulliam, of Birmingham, Ala., said he could not comment without Mr. Butler's permission.
Butler also filed for bankruptcy and listed Alabama One as the holder of a $4.4 million mortgage on a 108-acre real estate holding in Fosters, Ala., described as a cabin, lodge, saloon and garage/work shed.
Sources familiar with the properties have described the lodge as lavish and the property has been rented at least once as a wedding and reception venue.
A second bankruptcy filing, this one for a water treatment plant and the 178 acres it sits on in Fosters, lists Alabama One as the mortgage holder on a $7.1 million note. Both bankruptcy cases are currently pending and neither filing contains updated information about what each property or equipment might be worth. The credit union did not comment on when the proceedings might be finalized.
But as much as the two loans might cost Alabama One, the details of other, civil, cases also suggest further trouble ahead.
As of press time, five members of the credit union have filed complaints against Alabama One that allege employees of the credit union committed fraud when they convinced the members to take out loans to help Butler. One of the cases was settled confidentially and another is very close to being settled. However, three others are active and sources familiar with the cases say even more are likely to be filed.
According to the complaint filed in one of the settled cases, Jerry and Brenda Griffin joined Alabama One in 1976 when it was the BF Goodrich Employees Federal Credit Union and Jerry worked at the BF Goodrich plant.
In about 2004, the Griffins said they made the credit union their primary financial institution and consolidated about $2 million in personal and business assets with Alabama One.
"The Plaintiffs relied on Alabama One's agents and officers to advise them on various types of financial opportunities, loans, and for personal and business transactions," the couple argued in their complaint. "Therefore, there is a fiduciary duty to disclose certain material facts when the Plaintiffs reposed trust in Alabama One and relied on the bank for specific financial advice."
According to the complaint, Jerry Griffin met Danny Ray Butler in 2009 when Butler's used car showroom was next to a dry cleaning business that Griffin owned. Although the two men knew each other, the Griffins said they didn't begin to have business dealings until the spring of 2010 when Tammy Ewing, Alabama One's manager of business lending, approached Griffin with an alleged business opportunity.
Butler needed a business loan, the Griffins claimed Ewing told Jerry, but Alabama One could not make him one because it was prohibited from making commercial loans at that time. Griffin assumed that was because of a recent merger Alabama One had recently concluded and because it had just changed from a federal to state charter, but the Griffins said in reality it was because regulators had said the credit union could not make any more loans to Danny Ray Butler.
"Ewing also represented to Griffin that he could make a higher rate of return than he could receive with his monetary assets held in Alabama One," the complaint read. "Ewing also represented to Griffin that she (Ewing) would complete the paperwork and Griffin would loan Butler the money. Ewing completed an unsecured note loaning $450,000.00 from Jerry Griffin to Danny Butler. To fund the transaction, Ewing drafted a secured six-month balloon note for $450,000.000 from Alabama One to Jerry Griffin. This note was secured by Griffin's approximate $900,000.00 held in a certificate of deposit account with Alabama One."
That loan was repaid but, according to the complaint, in the fall of that year Ewing approached with a second offer that was not repaid. Instead, Ewing advised Griffin to accept a 50% stake in a grocery store development Butler was working on.
From there, the complaint detailed a steady spiral of further involvement with Butler and the credit union that involved a steadily rising amount of money and property being used to cover Butler's debts.
Alabama One declined to comment on the Griffin case, which is approaching a confidential settlement. The credit union denied the complaint without detail and countersued the Griffins, arguing they did not make payments on some of the loans they took out in conjunction with Butler.
Ewing was one of the Alabama One employees temporarily suspended from their jobs at Alabama One by the Alabama Credit Union Administration which rescinded the suspension two weeks later.
Moore declined to comment on the investigation.
The U.S. Attorney's Office for the Northern District of Alabama has said the investigation into frauds related to Danny Ray Butler is ongoing.
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