Kansas foster care leaders accused of swindling millions want to change not guilty pleas

A routine court hearing for two former Saint Francis Ministries executives accused of defrauding the foster care provider took place on April 30, 2025, at the Kansas federal courthouse in Topeka. (Grace Hills/Kansas Reflector)

TOPEKA — Former Kansas foster care leaders accused of defrauding their old employer of millions of dollars indicated in court that they plan to change their not guilty pleas, avoiding a trial.

William Whymark, the former IT director for the regional foster care provider Saint Francis Ministries is expected to change his plea later this year as attorneys continue to negotiate a deal. His co-defendant and former Saint Francis CEO Robert Smith is also “actively engaged in plea negotiations,” Smith’s attorney said at a Wednesday hearing.

Whymark and Smith face federal charges of conspiracy to commit wire fraud, 15 counts of wire fraud and one count of money laundering amounting to $4.7 million in damages. A federal grand jury indicted the two in November 2022.

U.S. District Judge Toby Crouse set a May 28 hearing for Smith, whose attorney expressed concern Wednesday with some of the case’s numbers and calculations. Whymark is expected to change his plea at a Sept. 3 hearing.

The two defendants were not present at the April 30 status conference. Whymark’s attorney said Whymark was in the emergency room the night before and is scheduled to receive additional treatment. Smith, who lives in Tennessee, waived his right to appear.

A court filing from Feb. 25 showed that Whymark and Smith are “presently involved in plea negotiations and anticipate resolving this case without a trial.” They face a maximum sentence of 20 years in federal prison, plus fines and restitution.

Court documents allege that Smith used Saint Francis Ministries’ credit cards for personal expenses and that “materially false invoices” paid Whymark’s IT company over $10 million. Court documents say Saint Francis Ministries had to spend an estimated $3.2 million to repair Whymark’s “grossly deficient and overpriced” work.

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