UNITED STATES V. BAKKER
925 F.2d 728 (4th Cir. 1991)
NATURE OF THE CASE: This was an appeal of a sentence imposed on the infamous televangelist James O. Bakker.
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 use 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 life-style. D was indicted for fraud. 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.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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