Warren County Report

Wray was taken into custody by the Front Royal Police in the parking lot of Royal Plaza Shopping Center, where Gold’s Gym is located, last Friday afternoon shortly after 4 p.m. The most recent charge alleges Wray obtained over $200 by false pretenses with the intent to defraud. Wray is already facing two embezzlement charges involving his contractual arrangement with fitness centers in Frederick and Warren Counties.

It is believed the Jan. 25 charge involves a personal fitness client of Wray’s, identified only as “C.F.” in the arrest warrant, and questions about Wray’s certification as a fitness instructor. FRPD Investigator David L. Fogle confirmed the complainant in the most recent charge was an adult, though identified only by initials.

Wray remained in custody over the weekend in the Warren County Jail. He appeared at a bond hearing in Juvenile and Domestic Relations Court, the only court in session Monday. Judge William Sharp continued the hearing until the following day.

On Tuesday morning Wray was granted bond in Warren County General District Court per an agreement reached between the Commonwealth and Wray’s attorney, Roger Inger of Winchester. Though Inger did not appear due to other court commitments, Assistant Commonwealth’s Attorney Bryan Layton informed the court of the arrangement with the defendant.

That agreement includes a $25,000 secured bond, which Wray made later in the day, prohibits contact with his accuser and forbids Wray, heretofore a radio talk show host, from making any public statements concerning his case. The defendant is also required to remain in the Commonwealth while on bond.

At the time of his arrest Wray was free on $3,000 secured bond on the earlier embezzlement charge filed in Warren County. Wray continued to assert his innocence during Monday’s court appearance.

In earlier interviews, Wray alleged the two embezzlement charges against him filed by the Fitness Zone in Frederick County’s SportsPlex and Front Royal Fitness Center involved lost revenue to those establishments caused by his moving clients from one location to another to train. However, a representative of Front Royal Fitness said their case involves payment methods and representations of the trainer while utilizing their facility.

Judge W. Dale Houff scheduled a preliminary hearing on the newest charge for March 12 at 1:30 p.m. That is the same time a preliminary hearing on the Front Royal Fitness embezzlement charge is on the Warren County General District Court docket. A trial on the Frederick County charge is also scheduled for March 12, at 9 a.m.

Gold’s Gym General Manager Casey Cope confirmed Tuesday that in the wake of Wray’s second arrest in the vicinity of the gym, Gold’s had severed all ties to the trainer. Cope pointed out Wray was never an employee of the gym and was simply paying Gold’s a flat fee to train his clients there since December.

Wray said he brought about 25 clients to Gold’s from Front Royal Fitness on Dec. 12. He was arrested on the Warren County embezzlement charge five days later. Wray said he left Frederick County’s Fitness Zone in January 2007 when he moved his training operation to Front Royal Fitness.

Wray, who began a weekly radio talk show – Fit Talk with Randy Wray – on WZRV 95.3 FM, last September had been scheduled to pre-record this week’s Saturday morning show on Jan. 31 at the Front Royal station. However, on Jan. 29, WZRV Station Manager Mike O’Dell said Fit Talk would be temporarily suspended to give its host a chance to focus on his legal situation and clear his name. Once the legal cases are resolved the station will revisit the show’s status, O’Dell told station News Director Mario Retrosi in a live interview on the News at Noon shortly after Wray’s most recent bond hearing.

According to Wray's web site http://www.fittalkwithrandywray.com, upcoming guests on Wray's radio and Internet talk show included international fitness speaker Jack La Lanne and Olympic gymnast Mary Lou Retton.

(ORIGINAL STORY FOLLOWS)

Fitness trainer in legal dispute with past training sites

Old contract terms at root of embezzlement charges against Randy Wray

By Roger Bianchini
Warren County Report

Local fitness trainer and radio talk show host Randy Wray finds himself embroiled in a legal dispute with two former training associates. Both Frederick County’s Fitness Zone and the Front Royal Fitness Center have brought criminal charges against Wray for embezzling money from them.

If Wray and fitness center management disagree on the validity of the charges, Wray and a representative of Front Royal Fitness concur that their dispute is over contract violations.

Wray believes both charges against him are vindictive and based on his leaving the establishments with his client base to train at other facilities.

“In my opinion it’s all about lost revenue,” Wray said. “I left Front Royal Fitness on Dec. 12 and took about 24 clients with me, almost all my clients at Gold’s Gym are the same ones that were with me before. Then on Dec. 17th I’m arrested for embezzlement – do you see a connection there?”

Front Royal Fitness Center Sales Manager Scott Yingling said rather than a dispute over where Wray is now training his clients, the embezzlement charge revolves around violations of payment terms while Wray was still utilizing Front Royal Fitness Center.

“It wasn’t a matter of the duration of the contract. The contract called for his clients to pay the center. We take our percentage out and then pay the trainer. But he was taking the money from his clients and then paying us,” Yingling explained.

Both Wray and Yingling agreed the contract split Wray’s training revenue 70-30, with the trainer getting 70 percent and the facility 30. Wray called those numbers typical of the industry.

“But if our management has reason to believe he misrepresented the number of people he was training by even one, that would be grounds for an embezzlement charge,” Yingling pointed out.

Wray said his dispute with the Fitness Zone developed after management tried to adjust a 60-40 split to 50-50, leading him to move his training operation to the Front Royal Fitness Center in January 2007. Management at the Frederick County Sports Plex’s Fitness Zone could not be reached for comment prior to publication.

The 45-year-old Wray, who lives in Front Royal, believes he will be vindicated in court. Winchester attorney Roger Inger is representing Wray. Both embezzlement cases will be in court on March 12, for trial on the morning docket in Frederick County and preliminary hearing at 1:30 p.m. in Warren County General District Court.

“I think their mission is to do as much damage to me as they can before this goes to court. I really believe the notoriety I’ve gotten from the radio show led to all this,” Wray said.

Fit-Talk with Randy Wray began airing Saturday mornings between 8 a.m. and 9 a.m. on WZRV on Sept. 8. It is billed as the nation’s only radio talk show devoted exclusively to fitness issues. Since its inception, the show has become affiliated with the President’s Challenge Program under the auspices of the President’s Council of Physical Fitness and Sports. Upcoming guests scheduled for Wray’s radio show include Jack LaLanne (Feb. 16), whose 1950s aerobics and exercise TV show broke ground in the industry, and celebrity fitness instructor and personality Richard Simmons (Feb. 2). The show can also be accessed any time on the Internet at www.fittalkwithrandywray.com

WZRV Station Manager Mike O’Dell, like Gold’s Gym Management, have taken wait and see attitudes towards Wray’s legal difficulties. Gold’s Gym General Manager Casey Cope confirmed Wray brought around 25 clients to train at his facility last month. Casey said Wray is not employed by Gold’s and pays the gym a flat fee for use of the facility.

“Everybody deserves their day in court – you’re innocent until proven guilty but we all know it doesn’t always work that way,” Cope said. However, he added Gold’s would sever all ties to the trainer were he to be convicted of embezzlement from other gyms.