Austin News

The Roy F. and Joann Cole Mitte Foundation treasurer admitted under oath earlier this month that he knows little about the foundation's finances and that he "felt good" about his secretary handling those details.

In a copy of Butler's Nov. 3 deposition obtained by Austin News, Mitte Foundation Treasurer John Butler admitted he has "no sense of the value of the assets that the Mitte Foundation holds today."

"As a treasurer, you have no idea of the assets of the Mitte Foundation, sitting here today; is that what you're testifying?" Butler was asked during his deposition.

Roy Frank "RJ" Mitte | Wikimedia Commons - Gage Skidmore

"Right," Butler replied.

Butler also deposed that he couldn't recall details of the treasurer's information that he presented at the foundation's board meeting in August, "but it's standardized," and that he would have to consult his secretary to provide details about the Foundation's investments, "but it was good."

Butler also admitted that he could not "recall a single dollar amount" of investment information he presented during the board meeting two months prior.

"Not from memory," Butler said. "You're exactly right. I cannot."

Butler's deposition is part of a long-running dispute between the foundation and Austin real estate developer Nate Paul. The Travis County litigation alleges "a complex civil conspiracy to essentially swindle assets" from the real estate partnerships 1st and Trinity Super Majority and Congress Super Majority, according to coverage of the case by the Southeast Texas Record.

Named defendants in the case include The Mitte Foundation, Gregory Milligan (receiver for the partnerships), and attorneys Stephen Lemmon, Ray Chester and Rhonda Mates.

The litigation's first amended petition, filed July 13, alleges The Mitte Foundation is a "repeat offender having breached these obligations with abandon, in collusion with the other named defendants and with their knowledge, approval, and active assistance."

Paul's World Class Holdings was placed in bankruptcy last summer, according to an Aug. 24 Southeast Texas Record news story, which also reported the FBI's raid on Paul's World Class Holdings office and his residence in August.

The Mitte Foundation's president is actor Roy Frank "RJ" Mitte III, 28, who has cerebral palsy and portrayed Walter "Flynn" White Jr. in the AMC series "Breaking Bad." In August 2013, Mitte was described in The Dallas Morning News as doing "good work" for The Mitte Foundation.

Mitte's mother, Dyna Mitte, is a member of the board, as is his maternal uncle, Bassmaster Elite Series fisherman Tyler Carriere. Mitte's maternal grandmother, Dianne Carriere, is secretary of the foundation.

Among other things, depositions in the case have described a cozy relationship between Paul and Texas Attorney General Ken Paxton, as well as Paxton's alleged extramarital affair.

During his August deposition, Butler said he didn't know the approximate total of foundation salaries, activities and legal fees.

"You must have some general understanding of what that number was just two months ago when you presented this information as the treasurer of the board of The Mitte Foundation," the querent said at Butler's deposition. "Give me your best guess."

"I really don't," Butler replied.