Orange County District Attorney Jim Woodall says UNC-Chapel Hill officials should request outside investigative help to review at least $16,900 in personal spending with university money by Matt Kupec, the campus former vice chancellor for university advancement.
That hasnt happened, according to authorities, following findings in a university audit of misspending by Kupec, who issued a public apology. He also has repaid money for a range of personal trips, dinners, lodging and other questioned costs with his girlfriend, Tami Hansbrough, recently released records show.
Woodall said he has not ruled out a criminal prosecution. A lawyer for Kupec, Wade Smith of Raleigh, said charges would be unwise.
The new documents show spending by Kupec of more than $1,300 on a St. Patricks Day trip to New Orleans in 2010, the use of a medical plane for a Fourth of July trip to a five-star resort on the Outer Banks that year, and later trips to basketball games involving Hansbroughs son, Ben, at the University of Notre Dame.
On one of those basketball trips, to Louisville, Ky., in late 2010, the hotel receipt shows a morning room service charge of $57.04. Kupec called the room service a breakfast meeting in an expense form.
$1.1B raised over four years
The new documents also provide a glimpse into the spending of a top university fundraiser, with permitted expenses that included $9,500 on a trip to Boston on a private jet with Chancellor Holden Thorp and two others; liquor, wine and food tabs for staff and donors; and tens of thousands in tickets and entertainment related to basketball and football games.
Kupec led an operation that raised $1.1 billion in the past four years. At a time of declining state support and economic difficulty, the past fiscal year was UNC-Chapel Hills second-best ever for fundraising: $287.4 million.
Kupec and Hansbrough, a former university major gifts officer and the mother of former star basketball player Tyler Hansbrough, both resigned in September as news of their travels was reported by The News & Observer. Thorp had stopped Kupecs plan to hire Hansbrough to work for him, but allowed an arrangement where Hansbrough worked in another department with her salary funded by Kupecs office.
The university released an audit on Oct. 23, but had not immediately provided receipts and other documents. The documents show that Hansbrough submitted her own expenses to Kupec, an arrangement the university had not previously disclosed.
University leaders are required by state law to notify the State Bureau of Investigation about misuse of state property or money within 10 days of receiving such information. There has been no notice made to the SBI in the Kupec matter, according to Noelle Talley, an SBI spokeswoman. SBI agents reached out to the university, she said.
University officials told the SBI, and have said publicly, that the misspending by Kupec did not involve state money or property. They say the source of the misused funds was private donors who gave gifts to the universitys foundation.
All of the unallowable expenses were charged by Kupec to funds held by the UNC-Chapel Hill Foundation Inc., according to Karen Moon, the universitys news director. Kupec has repaid the unallowable expenses. No state funds were involved in the unallowable expenses.
Misuse of property?
The new records, which total about 1,100 pages, show that on Aug. 10 this year, a month before his resignation was announced, Kupec wrote checks totaling $2,613 to cover part of the cost of his personal travels.
The three separate reimbursement checks were all made out to UNC-Chapel Hill, not the foundation.
The repayments were for two trips he took with Hansbrough in early 2011. It is unclear what prompted Kupec to pay for those trips at that time, but officials have said his expenses had come under scrutiny by then.
Part of those reimbursement checks covered his use of a UNC medical plane for a trip to the West Virginia-Notre Dame basketball game in February 2011.
In all, six questioned flights by Kupec were aboard planes that are assigned to UNC Medical Air as part of the N.C. Area Health Education Centers program, which ferries doctors and health providers to rural areas in the state. Medical Airs staff and pilots are state employees.
Moon wrote in an email message that the university does not believe that Kupecs use of the planes was a misuse of state property. She wrote that Medical Air aircraft are not state property but are owned by Medical Air, Inc., a not-for-profit organization and the funds that paid for the flights were from The University of North Carolina at Chapel Hill Foundation, Inc.
The Medical Air program gets state support. It limits passengers to those traveling on state or university business and requires payment for flights from an official state or university account. The legislature has included the Medical Air planes in recent studies of the states aircraft fleet.
Medical Air billed UNCs Office of University Development a total of $8,088 for flights taken by Kupec with Hansbrough that auditors say were personal trips. Medical Air was paid from a University of North Carolina account labeled special funds, according to check stubs.
A prosecutors prerogative
Woodall said he has been in touch with the SBI about the misspending.
I would hope that the university will see fit to allow someone from outside, someone whos a little more independent, to look at this, Woodall said. My position is lets give UNC time and lets see if they ask for another set of eyes to look at this. And if they dont, well see where it goes from there.
Woodall acknowledged that he has the authority to begin a probe, but said his preference, in keeping with protocol, is for UNC to initiate further action.
If private money was misspent, prosecutors generally would want a cooperating complainant when bringing charges in embezzlement and similar cases.
The chairman of the board of UNC-Chapel Hill Foundation Inc. is Wade Hargrove, who is also the chairman of the Board of Trustees at UNC-Chapel Hill.
University officials said Hargrove is aware of their position that the misspent money did not involve state funds. Hargrove said he could not comment because the foundation board has not discussed the matter. It next meets after the first of the year. Kupec had been the foundations executive director.
Dennis Patterson, a spokesman for the state auditors office, said it is not immediately clear whether state money was abused and that a thorough review would be required. He would neither confirm nor deny that state auditors are investigating the spending.
Smith, Kupecs lawyer, said Kupec is sorry for what happened, has made sure all the money was repaid, and believes a criminal case would be a waste of state time and money. Prosecutors should exercise discretion in whether to pursue a case, Smith said.
Compared to the work he did and the money he brought in, it is a small, a tiny bit, of money, Smith said. I would welcome if this matter could be concluded and this man could go on with his life No good can come from a prosecution of Mr. Kupec, who has no job and has lost everything.