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Archive for the ‘Corruption’ Category

If you like political posturing, puffery, bombast, and breast-beating, then the reaction to that LETTER being sent out to 37,000 nursing home patients in Louisiana is tailor-made for political junkies like you.

The letter, sent out by the Louisiana Department of Health, got the desired reaction. CBS Evening News featured the story prominently in its Wednesday newscast, complete with a brief interview with Jim Tucker of Terrytown, operator of about a dozen nursing homes.

It’s interesting that Tucker was sought out for camera face time. He was Bobby Jindal’s Speaker of the House who abetted Jindal for eight years in gutting the state budget of services for the elderly and mentally ill. And now the roll him out in front of the cameras to cry wolf.

The Edwards administration tried to assure us, through Commissioner of Administration Jay Dardenne and LDH Secretary Dr. Rebekah Gee, that this is not Chicken Little, that the sky really will fall if budget cuts are not restored by July 1, the date that the state is projected to fall over the metaphorical fiscal cliff when $650 million in tax revenue falls off the books.

Typically, the reaction by Republicans in the legislature, the same ones who have steadfastly refused to face fiscal reality since the beginning of the Jindal accident in 2008, was to scream foul to anyone who would listen—and there were plenty who did.

Dr. Gee, of course, did her part, even tearing up as she explained to the TV cameras that hearts “are breaking over the need to do this. We can’t provide services with no money to pay for them.”

Dardenne added his bit, saying, “This letter is scary, but it’s not a tactic. This is the reality that we are facing.”

But House Appropriations Committee Chairman Cameron Henry (R-Metairie) gave the best performance. With a lock of hair hanging down over his forehead a-la the late Bobby Kennedy, he bleated, “This is premature at best, reckless at worst,” adding that the letter was designed “to scare the elderly of this state, and that is an embarrassment.” No, Cameron, you’re an embarrassment.

Ditto for Rep. Lance Harris (R-Alexandria), chairman of the House Republican Delegation, who called the letter an “unnecessary political scare tactic done to intimidate and frighten the most vulnerable people into believing they will be kicked out onto the streets if the governor doesn’t get everything he wants in the form of revenue.”

And Cameron Henry should understand that the legislature as a body is no less an embarrassment to those of us who have been forced to observe its collective ineptitude on a daily basis for 10 years now. To quote my grandfather, they couldn’t find a fart in a paper bag.

Lost in all the rhetoric is the hard fact that the administration might not have found it necessary to send out the letter—regardless whether it’s a scare tactic or reality—had the legislature made any effort to face up to its responsibility to the 4.5 million citizens of this state.

But here’s the real reality—and just remember where you read it:

Not a single nursing home patient is going to be evicted. Not one.

Want to know why?

Money.

And I don’t mean money to be appropriated by the legislature to properly fund state government, nursing homes included.

I’m talking about campaign money.

Lots of it. Tons of it.

Since 2014, individual nursing homes, nursing home owners, and nursing home political action committees have contributed more than $750,000 to Louisiana politicians, primarily legislators. Here is just a partial list of NURSING HOME CONTRIBUTIONS

And that’s just over the past four years.

More than $50,000 was contributed the campaign of Edwards.

Henry, the one who called out the administration for its “scare tactics,” received more than $10,000 since 2014.

Senate President John Alario also received more than $12,000 over the same time span.

Louisiana Public Service Commission member Foster Campbell said on the Jim Engster show on Louisiana Public Radio earlier this week that since he first ran for the legislature more than 40 years ago, the cost of seeking political office has become cost prohibitive. Foster said when he first ran for the State Senate in 1975, he borrowed $7,500 to finance his campaign. “Now, it costs hundreds of thousands of dollars” and the average person who wants to serve cannot afford to do so, he said.

I’ve always wondered why corporations and the wealthy who seem so concerned about “good government” don’t use their money to help others rather than lavish it on politicians. The money they throw at politicians and lobbyists could be put to such more productive use—but they don’t try because they don’t really care about good government. And every now and then, I can’t help wondering why that is.

But I don’t wonder about it long. The answer is obvious: power and influence.

And that’s a sorry commentary on our political system, from the local level all the way to the very top of the political pyramid.

And it’s for that reason that not a single nursing home resident will be evicted. By some miracle, repeated every year, it seems, extra money will be “found” to do what is politically expedient.

Because the money has already been spread around by those who buy influence and legislators.

Remember where you read it.

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Editor’s note: The following (with added comment) is a guest column provided to LouisianaVoice by the Healthcare Alliance for Regulatory Board Reform (HARBR):

By Christian Wolff

Louisiana Senate Bill 286, dubbed the Physician’s Bill of Rights, fell into a “coma” before the Louisiana Legislature on last Wednesday but not before an outburst over the testimony of the bill’s author.

Sen John Milkovich (D-Shreveport) was in the middle of explaining the obvious conflict of interest on the Louisiana State Board of Medical Examiners when he was interrupted by New Orleans attorney Jack Stolier who twice shouted that Milkovich’s testimony was a “bald faced lie.” (Milkovich’s testimony and Stolier’s off-camera interruption can be heard beginning at the 7:15 MARK of this video of the House Health and Welfare Committee.)

Milkovich had just referenced an “affair” between Dr. Cecilia Mouton, then an investigator for the board of medical examiners, and Stolier, who represented physicians before the board in disciplinary matters.

But hey, the brief flareup was by far the most interesting—and probably the most intelligent—moment of this session sadly marked by legislative ineptitude, indecision, and concerted efforts to bow to the will of special interests st the expense of constituents and Louisiana (See the disgraceful Senate passage of the Payday Loan bill. How anyone can hold out one scintilla of hope for this bunch is beyond comprehension).

After Stolier was escorted from the committee room by Capitol security personnel, Milkovich read from a March 18, 2016, LouisianaVoice post which alluded to the relationship between the two. He also cited a letter from a board director which acknowledged a “personal relationship” between the two. Mouton, now Director of Operations for the board, and Stolier have since married but Milkovich called the romantic link between Mouton, who was prosecuting doctors, and Stolier, who was defending them, a blatant conflict of interest.

This, folks, is typical of the manner in which both the Board of Medical Examiners and the Louisiana State Board of Dentistry disregard due process and run roughshod over members of the medical profession who are charged and deemed guilty without even a nod at procedure. Guilty until proven innocent turns legal procedure on its head and is the very reason why some sort of checks and balances are desperately need to bring these rogue board under control.

But instead, the board, without objection, agreed that the bill be involuntarily deferred, meaning that for all practical purposes, it is dead for this session. (This, by the way, is the same Board of Medical Examiners that has defied a court order and continues to refuse to allow the legislative auditor to see its records so the auditor can do his job.)

Typically, the House does not entertain motions to override/hear bills that were involuntarily deferred in a committee.

This is the same legislature that is on the verge of approving (the Senate already has, by a 20-17 vote) an increase to 167 percent in interest rates payday loan predators can charge, along with doubling loan origination fees. Looks like the American Legislative Exchange Council (ALEC) has been busy this session—as it has in past years.

Advocates of SB 286 praised it on May 2 as an excellent piece of legislation. It was referred to it as “landmark” bill with implications for the due process reforms of healthcare licensing boards in every state in the nation.

Legislators’ indifference—not unlike their indifference to solving the state’s fiscal ills—could open the state up to litigation, leaving it to Attorney General Jeff Landry to try and defend the state, an interesting proposition in itself. Such potential litigation already has a precedent: a recent U.S. Supreme Court decision, North Carolina Board of Dental Examiners v Federal Trade Commission. In that decision, SCOTUS laid out conditions by which licensing and regulatory boards could and could not act as agents of their respective states.

In order to be considered a “state agency,” boards now need to show that they have a voting minority of “market place participants” in the profession being regulated. The other means by which a state regulatory or licensing board may come into compliance with the SCOTUS decision, and now, the Federal Trade Commission (FTC) mandate, is to have demonstrable and meaningful state oversight by an entity or entities which are not marketplace participants in the profession regulated by the board over which they are providing oversight.

The concern of SCOTUS and the FTC is that without meeting at least one of these two conditions, licensing and regulatory boards might act in their own interests rather than in the interest of the public. Moreover, SCOTUS and FTC, are concerned that beyond acting in the interest of their own professions over the interest of the public, boards may act in the interest of boards themselves over the fair and equal interest of given licensees or classes of licensees. This might be called “market capture via regulatory capture” and would be to the detriment of patients, the public, and licensees alike.

States whose regulatory boards do not comply with the conditions set forth in North Carolina Dental Board leave every member of every board including administrative staff and legal counsel legally exposed in their professional capacities and as individuals. Suits might be based in the violation of anti-trust laws, or on injury against persons (such as licensees) who were harmed without the benefit of due process of law.

Healthcare licensees in every state across the nation are being awakened to the injustices which have befallen physicians, and increasingly, other healthcare providers, since the passing of the short-sighted Healthcare Quality Improvement Act in 1986.

Louisiana is not alone by any stretch. It was foolish and immature for the Louisiana House Health and Welfare Committee to put SB 286 to rest in the way it did. When the Physicians’ Bill of Rights awakens from its “Involuntary Deferment” it may well be in a different state already positioned to make the proper move. The first state will set the landmark precedent and if the precedent does not affect national policy, it will be followed by every state in the nation.

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If you would like a crystal-clear example of the disdain with which elected officials hold their constituency, those people whose interests they are elected to serve, you need look no further than SENATE BILL 365 by Sen. Rick Ward (R-Port Allen).

The bill, which gives Louisiana’s payday loan industry an opportunity to dig its spurs a little deeper into the very people who can lease afford it, was passed in the Senate on Monday by a 20-17 VOTE, with two members not voting.

Of the 20 who voted in favor of the bill, 13 have received campaign contributions totaling $43,250 (an average of $3,327 each) since 2011. Three of those, Daniel Martiny, R-Metairie ($9,500), Body White, R-Central ($9,000) and Gary Smith, D-Norco ($7,950), averaged $8,817 each.

Other recipients included:

  • Conrad Appel, R-Metairie: $4,000;
  • Wesley Bishop, D- New Orleans: $1500;
  • Norby Chabert, R-Houma: $2500;
  • Dale Erdy, R-Livingston: $1000
  • Ronnie Johns, R-Lake Charles: $3000;
  • Eric Lafleur, D-Ville Platte: $1500;
  • Beth Mizell, R-Franklinton: $500;
  • Barrow Peacock, R-Bossier City: $1500;
  • Ed Price, D-Gonzales: $1000;
  • Rick Ward, R-Port Allen: $2300.

Fourteen of the 17 senators who voted against the bill also received a combined total of $34,500, or an average of $2,464 each, campaign finance records show.

They included:

  • Senate President John Alario, R-Westwego: $7000;
  • Dan Claitor, R-Baton Rouge: $1000;
  • Page Cortez, R-Lafayette: $4500;
  • Jack Donahue, R-Mandeville: $500;
  • Jim Fannin, R-Jonesboro: $2000;
  • Gerald Long, R-Winnfield: $2500;
  • Dan Morrish, R-Jennings: $2500;
  • Jonathan Perry, R-Kaplan: $1500;
  • Neil Riser, R-Columbia: $2500;
  • John Smith, R-Leesville: $5000;
  • Leon Tarver, D-Shreveport: $1000;
  • Francis Thompson, D-Delhi: $1500;
  • Mike Walsworth, R-West Monroe: $2000.

Good on them for not cratering to the influence of campaign bucks but the overriding question remains: Why do candidates even accept money from these type sources when they know full well their motives?

The bill, if approved by the House and signed by Gov. Edwards who received $6,500 himself from payday loan contributors, would create the Louisiana Credit Access Loan Act, which would allow lenders to issue new payday loans from $500 to $875 for terms of three to 12 months. Present law limits loans to $350 for up to 60 days.

The bill also doubles the annual percentage rate on loans that can be made.

Proponents of the bill say that payday lenders provided a needed service to low-income borrowers who are unable to obtain traditional loans. But what they do not say is that such loans carry a $131 origination fee and 85 percent APR. Ward’s bill would increase the fees to $270 and the annual interest rate to 167 percent.

Jan Moller, director of the Louisiana Budget Project argues that Louisiana’s lower-income citizens upon whom payday loan companies prey, cannot afford triple-digit interest rates, adding that the bill is being pushed by more than a dozen “well-connected lobbyists” who he said are selling “a false narrative.” He said the bill is an example of “greed and arrogance at the highest level.”

The finest legislators money can buy, folks.

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The latest news coming out of Lake Charles regarding one of four state troopers charged with malfeasance and 74 counts of injuring public records is the defense offered up by his attorney, the same attorney who loves to file SLAPP lawsuits against a Welsh city alderman.

Oh, and there’s the revelation that former State Trooper Jimmy Rogers, who resigned in the middle of a Louisiana State Police (LSP) internal affairs investigation, still holds—or recently held—a commission from the DEQUINCY POLICE DEPARTMENT.

Rogers attempted to return to LSP when he sent an email to Troop D Commander Benny Broussard on March 7 in which he (a) claimed he had resigned in “good standing,” and (b) said he would like to return to his former job. Ironically, in that email he said, “I was clear (sic) of every claim except altering times on tickets. I am guilty of writing times on tickets later than the stop actually was.”

Yeah, well, actually, those altered tickets are exactly what those 74 felony counts are all about and about which Calcasieu Parish DISTRICT ATTORNEY John DeRosier says he is “in the process of preparing formal charges.”

DeRosier said he was “going to assume that there’s a financial benefit” to Rogers’s practice of jotting an incorrect time on all those tickets ostensibly written while working Local Agency Compensated Enforcement (LACE) patrol. LACE is a cooperative program in which local district attorneys pay state police for beefed-up patrol to catch traffic offenders.

The financial benefit to Rogers, at least theoretically, would be that he wrote his tickets early in his shift but put later times to make it appear he worked his entire shift when in reality, he would go home early after writing a few tickets. DeRosier might be taking that offense a little personally since it is his office that pays for those hours that Rogers is accused of not working.

But no matter. Rogers apparently has this captivating voice that should be sufficient to beat the rap. You see, according to his attorney, Ron Richard, Rogers is a man “who probably sang the national anthem at more events in this town than anyone else” and is confident “both in himself and his faith in God that he will be vindicated and all will be made right in the end.”

Good to know. But…but…but Rogers put it in writing back on March 7 that he was guilty of falsifying the times. Which brings up the obvious question: Will Richard have him sing the national anthem on the stand during his trial? Apparently, Richard thinks that is important.

This is the same attorney who filed a so-called SLAPP (Strategic Litigation Against Public Participation or, if you will, frivolous or harassment) LAWSUIT against Welsh Alderman Jacob Colby Perry on behalf of four separate clients—the Welsh mayor, her daughter, her son, and the town’s police chief.

They lost and had to pay Perry’s legal fees of some $16,000.

If convicted, Rogers could be facing up to five years in prison and a fine of up to $5,000—on each count.

Now, Dequincy, about that Louisiana Commission on Law Enforcement commission you issued to Rogers when you hired him as a reserve police officer….

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After literally dozens of stories by LouisianaVoice since 2014 about Louisiana State Police (LSP) problems through mismanagement from the top, it appears—finally—that matters may be coming to a head with Monday’s arrest of two current and two former state troopers a total of 98 counts of filing false public records, injuring public records, felony theft and malfeasance in office.

Along with the formal LSP news release announcing the four arrests, unconfirmed reports have former State Police Superintendent Mike Edmonson and his attorney involved in preliminary negotiations for a plea bargain on unspecified charges but believed to be connected to the October 2016 trip in which four troopers drove a state vehicle to a convention in San Diego via tourist stops in Las Vegas and the Grand Canyon.

An official of the Metropolitan Crime Commission in New Orleans even voiced his belief that all the problems of LSP as reported on since 2014 by LouisianaVoice could be laid at the feet of one man: Edmonson.

While the latest arrests stem directly from a news story by New Orleans TV investigative reporter LEE ZURIK last November revealed state troopers were being paid for working Local Agency Compensated Enforcement (LACE) patrol that they in fact did not work, LouisianaVoice reported two years earlier that Rogers was falsifying records in connection to his LACE patrol. LACE is a cooperative program in which local district attorneys pay state police for beefed-up patrol to catch traffic offenders.

In the end, of the 98 counts amassed by the four current and former troopers, 75 were lodged against Rogers. All the counts against the four were in connection to their work in the LACE program, the LSP PRESS RELEASE release said.

The two current state troopers were Master Trooper Daryl Thomas (two counts of filing false public records and one count of felony theft (greater than $15,000), and Wayne Taylor (14 counts of injuring public records and one count of malfeasance in office. Thomas, of New Orleans, currently makes $89,400 per year and Taylor, of Rapides Parish, earns $62,600 per year.

The two former troopers were Byron Sims, a $109,000-per-year polygraphist with 22 years’ experience before leaving LSP (four counts of filing false public records and one count of felony theft greater than $21,000), and Rogers (74 counts of injuring public records and one count of malfeasance in office.

FILING FALSE PUBLIC RECORDS, under Louisiana Title 14 is the filing of any forged or wrongfully-altered document or any document containing a false statement or false representation of a material fact.

INJURING PUBLIC RECORDS is the intentional falsification or concealment of any record or document filed in any public office or with any public officer.

Both are felonies.

Much of the legwork in bringing the charges against Rogers was done by the office of Calcasieu Parish District Attorney John DeRosier.

In Rogers’s case, an LSP INTERNAL AFFAIRS REPORT dated October 20, 2015 said he wrote tickets on his regular detail but putting a later date on the ticket to make it appear he had written it on his LACE detail when in fact he was not even working the LACE shift for which he was paid. Other times, he would put later times for his traffic stops to make it appear he had worked his entire detail when, in fact, he had not.

The IA investigation, provided to LouisianaVoice by the New Orleans Metropolitan Crime Commission, initially delved into only Rogers’s 2015 LACE overtime but when discrepancies were discovered, it was decided to expand the investigation to include 2013 and 2014 but then Rogers resigned, effective Nov. 6, 2015 and the investigation was terminated.

Inexplicably, Rogers had a change of heart and on March 7, 2017, sent an EMAIL to Troop D Commander Benny Broussard in which he (a) claimed he had resigned in “good standing,” and (b) said he would like to return to his former job. Ironically, in that email he said, “I was clear (sic) of every claim except altering times on tickets. I am guilty of writing times on tickets later than the stop actually was.”

The only logical reason for writing the wrong times was to cover up his absence from duty by writing driver citations for a small part of the beginning of his shift and then taking the rest of the day off.

One source told LouisianaVoice that Rogers and another former trooper, Ronnie Picou, should not have been able to disappear from their shifts if they had been under a proper level of supervision. “Most jobs have supervisors (who) would notice when someone is not there,” the source said. “Most police supervisors would care about their troopers and check on them if they disappeared. Most police supervisors believe their job is important and officers must be present to accomplish that important job.”

“They were not supervised by people who care about their officers or the citizens they serve. They were supervised by Lt. Paul Brady and Capt. Chris Guillory.

Brady helped popularize the coined term “Brady Days,” an unwritten policy that gave troopers time off for issuing DWI citations, which can encourage arrests of people who were not actually impaired. Brady supervised Picou who was initially fired after LouisianaVoice requested records on alleged payroll fraud. Brady supervised Picou when an LSP investigative report showed he was absent from duty much of the time.

Brady was suspended for reportedly ordering Troopers to claim more time than they worked. Those allegations were also discovered after LouisianaVoice made public records requests. Brady also supervised Rogers. Sources reported Picou and Rogers were able to shuck their duties under the supervision of Brady, leaving their fellow troopers and citizens abandoned.

LouisianaVoice has received reports that the allegations which led to the arrest of Rogers were known to LSP for years. Rogers was under the protection of Brady and Guillory, former Troop D Commander. Capt. Guillory reportedly has a position in Baton Rouge but he lives in Sulphur.

LSP knew about Rogers, Picou, Brady and Guillory and did nothing until forced by public exposure.

Instead, Edmonson, rather than take proactive measures to eliminate problems exposed in Troop D, went to considerable lengths to expose LouisianaVoice’s SOURCES–until it became painfully obvious that the primary problem was Edmonson.

Perhaps Anthony “Tony” Radosti, Vice-President of the Metropolitan Crime Commission, said it best when he told LouisianaVoice on Monday, “Jimmy Rogers was a symptom. Mike Edmonson was the disease.”

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