Another member of the $602 million Alabama One Credit Union has filed a lawsuit claiming the cooperative conned him into committing loan fraud, and later pressured him to disavow his complaint to authorities.
The March 16 complaint filed by member Richard Turner named as defendants Alabama One Credit Union, Business Lending Manager Tammy Ewing, Board of Directors Chairman Edwin Harrell and Supervisory Committee Chair Martha Fincher. In the complaint, Turner claimed defendants committed fraud and negligence in connection with a half million dollar loan the credit union convinced him to make to benefit businessman Danny Ray Butler.
In his filing before the Alabama Circuit Court for Tuscaloosa County, Turner alleged that in May 2011 a business acquaintance of more than 25 years, Danny Ray Butler, approached him for a favor.
Turner claimed Butler told him he had several large loans with the credit union that were all up to date, but his obligations prevented him from taking out another. Turner alleged Butler asked him to temporarily take a loan out in his name to help.
"Butler stated that he had already discussed the matter (and the facts relating to how the so-called "Turner loan" application would be made, reviewed and approved) with Alabama One's management including Tammy Ewing, the then-Manager of the Member Business Loans Department, and that 'the credit union knows all about this, and there's no problem,'" Turner charged in the complaint.
Turner claimed he was told the loan was to be for more than $500,000 and that Butler expected to profit from flipping an investment property he would buy with the money. Further, Turner said he was told the loan would only be in his name for a few months.
When Turner, who had never had any experience with large loans or loans secured with real estate, demurred and said that he doubted he could even qualify for a large loan, Butler assured him it was already set up.
"[Butler] told plaintiff Turner that all Turner had to do was meet with him and a member of Alabama One management team to sign some papers and that nothing more than that was needed. All that would be required from plaintiff Turner, for purposes of obtaining approval and funding for the loan, would be the use of his name and signature for Danny Ray Butler's benefit," Turner charged in court documents.
Turner wrote in the complaint that even though he had never met with any Alabama One loan officers, department heads or underwriters about a loan application, papers for the $525,600 loan were waiting when he and Butler met with Ewing at the credit union's main branch on May 19, 2011.
Turner additionally charged that when he joked that the loan was an awful lot of money, Ewing assured him Butler was good for the money and that there was nothing to worry about.
The credit union did not provide Turner with copies of the documents he signed, he charged, but added that when he did eventually get to see some of the documents, the signatures on some appeared to be forgeries, and he did not remember signing them.
Turner also added he later learned Butler did not use the loan proceeds to buy a piece of property, but that the deed was for a piece of property in his name had already been recorded.
Turner said in the complaint that he at no time doubted that Butler had achieved a level of business success and that he and the credit union worked together often. He charged that he knew some Alabama One management employees had vacationed, free of charge, at a condominium complex where Butler held some ownership interest and that Butler lived in an extensive entertainment compound in Fosters, Ala., where he often entertained country music celebrities.
Even though Butler made payments on the loan, Turner said in the complaint he repeatedly asked Butler and Ewing about when the property would be sold and the loan taken out of his name. Butler and Ewing allegedly told him to "be patient."
Read more: Alabama One pressures Turner to recant his complaint … Things came to a head in October 2013, when the U.S. Attorney for Northern Alabama indicted Butler for check kiting and fraud. Turner charged in the complaint that he began to press the credit union for the full details of the loan file he still had not seen, and asked the credit union to resolve the loan.
Turner wrote in his complaint that he turned to the Alabama Credit Union Administration in August 2014. The ACUA forwarded Turner's complaint letter to the Alabama One advisory committee and told them to resolve it. However, no resolution occured, Turner alleged.
Also in August 2014, after Turner sent his letter to the ACUA, Butler (who by this time had already been sentenced) suggested a meeting with Turner and a representative of the credit union to resolve the matter.
At the meeting, according to Turner, Alabama One's attorney pressed him to execute a deed in lieu of foreclosure on the property, provided that he agree to make up any loss should the credit union not be able to recover the full value of the note. Turner said Alabama One's attorney also pressed him to disavow his claim that Ewing and Alabama One CEO John Dee Carruth knew that the loan had really been for Butler.
Turner alleged the attorney also asked him to write a letter to the supervisory committee and the ACUA. In the letter, Turner alleged he was directed to say he had not remembered correctly when he wrote the previous letter that claimed credit union employees knew the details of the loan.
This disavowal was key, Turner alleged the lawyer explained, because without it there might be an investigation that could wind up sending Butler, Ewing and Turner to prison for fraud. Butler and Ewing could face wire fraud and bank fraud, and Turner for loan fraud, the attorney claimed.
"Here's our problem, Danny," Turner's complaint alleged the credit union's attorney said. "We've got an obligation. Tammy is a bonded employee. We have an obligation. If Ricky tells us that Tammy knew about it, we've got to investigate Tammy. [If] we investigate Tammy, that brings Ricky into it based on the letter he wrote because what you did is admit to bank fraud and wire fraud. If we start an investigation, there's a very strong possibility that Tammy's going to get indicted and you're going to get indicted. And that's what we're trying to avoid."
Turner refused to write the letter or agree to do the lieu of foreclosure.
Neither Alabama One nor its lawyers responded to requests seeking comment about the complaint or confirming if the credit union's law firms are also representing the other defendants.
The ACUA has previously declined to comment on invesgations.
As of March 17, Alabama One has not moved to foreclose on the property according to Turner's law firm. However, Turner wrote in his complaint the credit union has threatened to do so.
Ewing was among the four Alabama One executives initially suspended from their jobs at the end of February 2014 and then reinstated to their positions two weeks later. She pleaded the fifth amendment when she did not answer questiions in another member lawsuit that alleged fraud, according to court records.
Butler, now incarcerated in federal prison in Talladega, Ala., pleaded guilty in February 2014 to a check kiting scheme that almost cost the credit union $1.2 million and to wire and bank fraud involving loans from the Small Business Administration. Alabama One has said it has recovered the check kiting losses.
Butler's plea and conviction sparked a series of lawsuits from members who alleged they had been defrauded by the credit union into taking out loans to favor Butler or cover his debts. The latest filing is the sixth in the series. Alabama One has settled one complaint and sources familiar with the cases said it is close to settling another. That leaves four cases still active in court.
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