Five owners and managers of a Utah-based agency accused of the fraudulent adoption of dozens of Samoan children pleaded guilty in federal court Tuesday.
Under a plea deal, Scott Banks, Karen Banks, Coleen Bartlett, Dan Wakefield and Karalee Thornock each pleaded guilty to misdemeanor charges while the Focus on Children Corp. pleaded guilty to one felony count .
As part of the plea deal, a recommended five years' probation will be made at sentencing for each of the defendants, who also will be required to contribute to a trust fund to benefit the children who were adopted.
In addition, the Bankses will be required after sentencing to hold a press conference to "educate the public and others who may be engaged in similar criminal conduct," and let them know about the law, potential penalties and the possibility of prosecution, according to court documents.
Federal prosecutors remain under a court-order gag until after sentencing. But Judge David Sam allowed the U.S. Attorney's Office to release a statement after Tuesday's guilty pleas.
Prosecutors called the Focus on Children investigation a "unique case that doesn't fit within typical patterns of criminal prosecution or case resolution."
Because of the sensitive nature of the case and the number of families caught in the middle, "the resolution of the case has required a creative, forward-looking approach to ensure that justice is served," according to the statement from prosecutors.
In 2007, federal prosecutors unsealed a 135-count indictment against Focus on Children, a Utah company. Approximately 80 children were adopted by families in about 13 U.S. cities, including some in Utah, according to the original indictment, between March 2002 and June 2005.
The group was accused of persuading birth parents in Samoa, many of whom did not speak English well, to put their children up for adoption. The families were led to believe their children would be sent to a family in the United States to be raised and educated, and then returned when they were 18.
Families in the United States were led to believe the children were orphaned or abandoned, even though some were still living with their birth parents. Other children were placed in a "nanny house" until they were adopted, but their parents visited often, sometimes taking them home for extended stays.
Each individual defendant pleaded guilty to varying numbers of misdemeanor charges of aiding and abetting the improper entry of an alien.
• Scott and Karen Banks pleaded guilty to five counts.
• Karalee Thornock pleaded guilty to one count.
• Coleen Bartlett pleaded guilty to two counts.
• Dan Wakefield pleaded guilty to five counts.
Two defendants, Tagaloa Ieti and Julie Tuiletufuga, of Samoa, have charges pending against them, but the U.S. government is unable to extradite them.
The Focus on Children company pleaded guilty to one felony count of conspiracy to commit alien smuggling and visa fraud.
Federal prosecutors said birth families in Samoa and adoptive families in the United States were consulted as part of the resolution.
"Everyone has been focused on finding a resolution that is best for the families and children," according to the statement.
As part of the resolution, Focus on Children will be dissolved and none of the defendants will work in the business of adoptions. The Bankses have agreed to work with prosecutors to talk about their adoption practices in Samoa as well as Russia, Vietnam and Guatemala to determine if changes need to be made to U.S. law to protect other children in the future.
The trust fund, which will be managed by an appointed trustee, will be "for the benefit of the adopted children in an effort to empower birth parents and adoptive parents to do what they believe is in the best interest of their children," according to the statement.
The five are scheduled for sentencing next month.
E-mail: preavy@desnews.com