Chesapeake company founder in fraud case to get hearing

CHESAPEAKE

While thousands of consumers nationwide await the outcome of a state lawsuit against a Chesapeake computer-financing company, its founder has received a judge's approval for a private hearing to decide whether he qualifies for special disability accommodations in court.

George Christian, founder of Financing Alternatives Inc., asked a Chesapeake Circuit Court judge during a hearing Wednesday to revisit his request for an "ex parte" hearing - outside the ears of other parties in the case - to discuss a disability that he wants to remain secret. Christian, who is representing himself in the case, has asked for special accommodations to ensure his equal access to court proceedings as he claims he is due under the federal Americans with Disabilities Act.

In late May, Christian submitted initial documents about his disability to the court under seal. Judge Randall Smith concluded in June that Christian didn't establish his need for the accommodations.

At the hearing Wednesday, Christian asked Smith to hear more evidence on his disability in private. This time, Smith agreed and instructed Christian to schedule the appropriate medical witnesses to appear at an ex parte hearing within 30 days.

The Virginia attorney general's office sued FAI in July 2007, charging that it failed to deliver computers to thousands of customers who paid for them through the company's layaway plan. In March, the state added Christian to the lawsuit, seeking more than $7 million that it claims the owner paid himself over six years.

In response to the judge's first decision denying the special-accommodation request, Christian filed a complaint in U.S. District Court in Norfolk against Smith, the state, Attorney General Bob McDonnell, the city of Chesapeake, Chesapeake Circuit Court and the court's clerk, Faye Mitchell. He accuses them of violating his rights under the federal Americans with Disabilities Act.

Among other accommodations, Christian has requested a device that allows him to read court transcripts in real time as proceedings take place.

At the Circuit Court hearing Wednesday, Christian asked Smith to recuse himself from the FAI case because of the potential conflict arising from Christian's federal complaint against him. Smith denied that motion.

Carolyn Shapiro, (757) 446-2270, carolyn.shapiro@pilotonline.com