Bryon Ruffner wants to complete his college degree and be playing basketball this season at a Division II school in Oklahoma, and he still hopes there's a professional career on the horizon.
But sometime in the next year, the former Brigham Young University star must spend 90 days in the Utah County Jail. He'll also be on probation for three years and must pay $8,300 in restitution, $640 in fines and complete 200 hours of community service.Ruffner, 24, pleaded guilty in October to theft, a second-degree felony, for his role in a fraudulent check and credit card scheme that bilked about $250,000 from a Provo computer firm. Ruffner's participation involved the theft of about $44,000, of which he pocketed about $11,000.
Expected to be the leader on this season's BYU hoop squad, Ruffner quit the team and left school on Oct. 25, the same day he was charged. He told 4th District Judge Lynn W. Davis Thursday that he wants to accept his punishment, make everyone whole and get on with his life. However, he's having a hard time dealing with the pain and embarrassment he's caused his family.
"I've taken something away from them that I can't give back," a teary-eyed Ruffner said.
The scheme was allegedly masterminded by Joshua T. Kallunki, a former accountantat Angia Communications, and involved five others. Kallunki, a former teammate of ex-BYU hoop star Randy Reid at Spanish Fork High School, allegedly issued checks and credit card debits from Angia to his friends. His friends kept a portion of the money and returned a portion to Kallunki.
Ruffner admitted cashing checks issued by Kallunki in the names of several individuals. He kept 25 percent and returned the rest to Kallunki. Prosecutors say there is no evidence that Ruffner knew the extent of the scheme or that Kallunki was doing the same with five others.
Dayle Jeffs, Ruffner's attorney, said investigators and Angia didn't even know Ruffner was part of the scheme until he went to police on Aug. 15. Ruffner also went to Angia the same day, disclosed his role in the scheme and paid the company $11,000 that he obtained from selling his car and truck.
"He wanted to make amends for his actions even before the victim knew he was a participant," Jeffs said.
Because of the amount taken from Angia, Adult Probation and Parole recommended that Ruffner spend 150 days in jail. Jeffs argued that Ruffner should receive little or no jail time because of his full disclosure and restitution efforts. Jeffs said his client has already lost his college scholarship, a possible career in the National Basketball Association and has suffered the public humiliation of constant press coverage.
"What he is going to suffer in this is horrendous," Jeffs said. "His reputation is shot. He's had it."
Ruffner played this fall with an Australian team and the Marathon Oil team, both of which toured the country playing exhibition games against college teams. Jeffs said Ruffner has an agent and is looking at opportunities in other professional leagues. He has applied for enrollment at Oklahoma City College, an NAIA school. He has 15 credit hours remaining to earn his degree.
"It depends on what happens here whether they give him an answer," Jeffs said.
Utah County Deputy Attorney Phil Hadfield acknowledged that Ruff-ner has been cooperative and that most of the culpability goes to Kallunki. However, he said the offense was not a one-time incident. Ruffner cashed several fraudulent checks over a five-month period.
"Mr. Ruffner will not be going to prison today and that's the leniency," Hadfield said.
Davis said some will think the sentence is too lenient and some will think it's too tough. But he said he's impressed with the affirmative actions Ruffner has taken. Ruffner's disclosure and restitution efforts are something Davis said he hasn't seen in 10 years as a judge.
"Part of what he has suffered is the price you pay for notoriety," Davis said.
Because of possible opportunities to finish college and pursue a professional career, Davis will allow Ruffner one year to serve the jail time. He also will allow Ruffner to spend 30 days of the jail time in the work diversion program, a program where inmates live at home but report each day to work on community projects.
Although Ruffner repaid the $11,000 he kept for himself, the judge determined he was responsible to make restitution for a larger amount.
Kallunki was charged with eight counts of forgery, third-degree felonies, and one count of racketeering, a second-degree felony. A hearing for him is scheduled for next week. Charles Cashmore, Las Vegas; Charles Hart, North Carolina; and Patrick Antone, Oregon, were also charged with theft and have court dates pending.
Jared K. Ellison, 26, Provo, pleaded guilty to theft and Jeffery M. Jacobsen, 25, Orem, pleaded guilty to forgery. Both will be sentenced Feb. 18.