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Archive for the ‘Fraud’ Category

Editor’s note: In August 2016, widespread flooding in south Louisiana was particularly devastating to Livingston Parish. Many residents simply abandoned flooded homes and never returned after losing all their possessions and receiving little in the way of recovery efforts from FEMA.

Melissa Thies of St. Tammany, who describes herself as a “taxpayer in the know,” has made a series of public records requests from the St. Tammany Parish School Board which, coincidentally, rather than devote its efforts to reopening schools on schedule following the coronavirus outbreak, did take the time to revise its public records policy by doubling the cost of records from the statewide standard of 25 cents per page to 50 cents.

A number of interesting discoveries was made through her efforts, all of which are supported by official school board records. Today’s story, written by her and posted previously on Facebook, is reprinted here:

By Melissa Thies

Let’s revisit that devastating fall day in 2016……

Livingston Parish was one of the hardest hit areas of a flood.  Thirteen people lost their lives, and property damage was never really able to be solidly calculated, but estimates of $10 – 15 billion have been thrown around.  Hard times for our neighbors down Highway 12, right?  Or an opportunity to grow a school board general fund by several thousand bucks and win an award in the process?

St Tammany Parish School Administration went into full-on fundraising mode, raising over $330,000 in money, gift cards and school supplies for victims.  The media claimed this to be the “most successful fundraiser ever held by the St Tammany Parish Public School System.”  The then-superintendent even “earns” Superintendent of the Year touting this as a major accomplishment.  But wait, isn’t this type of activity by a political subdivision against the Louisiana State Constitution?  There seems to be some confusion within the Louisiana Legislative Auditor agency regarding the constitutionality of this, but it is a valid question.  Does it even make sense for this to be legal to use taxpayer resources (such as the accounting staff of the local school board) to manage such an activity?  Our state laws must protect us somehow against the risk of misappropriation of funds from this type of activity, right?

Review of the school board general ledger indicates that by September 13, 2016, a total of almost $113,000 was deposited into a liability account and deposits were marked “DONATIONS FLOODING STPCARES”.  For those non-accountants, this means the money was put into the bank account and general fund, but was marked as being owed to someone else.  Shortly after, the money starts to be disbursed, with funds going to the “St Helena Parish SB”, “Tangipahoa Parish SB”, “Livingston Parish SB” and many checks directly to individuals.  There were no other disbursements of the cash after October 14, 2016 – that is until January 19, 2017.

Several things happened on January 19, 2017.  Since October 14, 2016, the general ledger had indicated a credit balance in the liability account of $7,753.76.  This means that not all of the donations that had been collected were disbursed, leaving $7,753.76 in the general fund and in cash available in the bank.  (Remember that number; it will be significant a little later.)  Review of the visitor log on January 19, 2017, just might confirm that on this day investigators with Louisiana Legislative Auditor arrived at 321 N. Theard early that morning.

Also, on this date, there is a journal entry numbered 1267 that indicates the amount of $7,753,76 was transferred out of the liability account and the transaction was described as “Correction Move to Donations”.  This left a $0 balance in the liability account – as if to show all of the money collected had been given out.  Then, later in the day as indicated by journal entry number 3981, a transfer back into the liability account for the same amount was made.  Within a short period of time after January 19, 2017, the remaining $7,753.76 was then disbursed to “Livingston Parish SB” and “St Helena Parish SB”.  I will let you draw your own conclusions about what possibly transpired throughout the day on January 19, 2017, to encourage the administration to disburse the remainder of the funds that had been collected.

What would have happened to the funds if Legislative Auditor had not shown up?  If the overage would have remained in the general fund, what would the overage have been used to cover?  I have been told to stay in my lane and not ask any questions, but you should be asking these questions and more at this point, especially if you occupied a seat on the St Tammany Parish School Board during this time period.  Taxpayers, especially those who gave so generously to this activity certainly deserve answers.

You might be asking what is significant about the figure, $7,753.76, that remained in the general fund until the day Legislative Auditor showed up.  Well, let me not keep you in suspense…..

Just FACTS – Let’s visit the proposed general fund budgets from fiscal years 2016 and 2017.  There is a line item in these budgets with an account number “2321-511100 Salary – Superintendent”.  The budget for FY 2016 indicates an amount of $202,732 for this line item, while the budget for FY 2017 indicates a proposed amount of $210,385.  These amounts were the base salary the Superintendent received for FY 2016 and what was being proposed at the time for FY 2017.  The difference between these two would seemingly indicate the “raise” that the superintendent would be getting, $7,653.

In addition, in a recent response to a public record request, I received this copy of the check that the then-Superintendent donated to the flood fundraiser personally.

I am not sure that you need to be an accountant, auditor, investigator, investigative reporter, Inspector General, Legislative Auditor, or Attorney General to know what is coming next.  The increase in the base salary ($7,653) plus the personal DONATION to the fundraiser ($100) is…..

Did you guess it correctly?  $7,753!

Voila!  And that is how we roll at the St Tammany Parish School Board, but taxpayers can’t have an Inspector General in the parish, much less one internal auditor that doesn’t report to or is directed by the people they are auditing.  It really is a shame, or a sham, not sure which.  Lots more to come on this same topic and many, many other issues.  Ms. Rester’s history lessons are much more interesting than mine.  I invite you to contact her (email above) or any school board member for her lessons.

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For an agency with an annual budget of about $1 million, the Louisiana Physical Therapy Board has taken little initiative in protecting patients from therapists with histories of substance abuse, sexual abuse, billing issues and even practicing without a license.

That is the conclusion of an audit of the agency released this week by Legislative Auditor Daryl Purpera’s office. (Read the full audit report HERE.)

The audit report also found that of 4,857 physical therapists licensed in Louisiana since 2010, fully 78.1 percent (3,791) had never undergone background checks as required by state law.

That’s because even though state law granted LPTB the authority to conduct background checks on new applicants in January 2010, the checks were not undertaken until January 2016—six years after the law went into effect.

During the fiscal years 2015 through 2019, the LPTB received 169 complaints containing 200 allegations that took an average of 120 days to resolve. LPTB, the audit noted, has never established timeframes for how long it should take to investigate complaints and to issue disciplinary actions. Investigation times ranged from one day to more than a year, the report said.

State law granted LPTB authority to conduct background checks on applicants upon initial licensures in January 2010 but did not begin actually conducting the checks until January 2016. “As a result, as of October 2019, 3,791 (78.1 percent) of 4,857 current licensees who were licensed prior to January 2016 did not receive background checks,” the audit report said.

Moreover, LPTB “is not required to inquire of the National Practitioner Data Bank (NPDB) prior to issuing or renewing licenses, so it may be making decisions without important disciplinary information on potential applicants from other states,” it said.

LPTB failed to report all adverse actions to the NPDB in fiscal years 2015 through 2019 as required by federal regulations, the audit said. “We found that LPTB did not report 29.7 percent (27 of 91 actions issued involving 46 licensees to the NPDB within 30 days,” auditors said.

“LPTB took an average of 222 days to report these 27 actions…ranging from 42 days to more than two years. The nature of these cases included sexual misconduct, substance abuse, criminal convictions, and fraud.

Auditors suggested possible a legislative remedy to at least one shortcoming. Because current procedures allow for background checks on only new applicants, the report said, “The legislature may wish to consider amending (state law) to require LPTB to conduct background checks on all applicants, including renewing applicants and reinstatements.”

 

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Floyd Hamilton III has been waging a lonely battle with the Veterans Administration for 14 years and today, May 20, is the 11th anniversary of  his father’s death in the Alexandria Veterans Hospital on May 20, 2009. It was the day after his 84th birthday.

His battle is with the doctor who was supposed to be caring for Floyd Hamilton, Jr. but who failed to do her job, according to Hamilton III.

And with the bureaucracy.

The most frustrating part is the three-page LETTER from Assistant District Attorney Hugo Holland back in October 2016 in which Holland declined to pursue the matter because, according to his investigation, Dr. Shivani Negi committed no wrongdoing in her care for Hamilton’s father.

Curiously, while the VA Hospital is in Rapides Parish, Holland’s letter was on Calcasieu Parish District Attorney John DeRosier’s letterhead. Holland is employed as an assistant DA by a number of district attorneys, including, apparently, Rapides Parish. Still, it raises questions about who paid Holland to conduct his investigation—Rapides or Calcasieu.

Regardless, Holland said here was “no information that any document was filed in Louisiana which contained any false statements” and that “no false documents were presented to the State of Virginia’s Board of Medicine,” where Negi’s license was issued.

Former Louisiana congressman Charles Boustany, himself a physician, had filed a complaint about “unethical conduct” by several individuals, including Dr. Negi, who he said misrepresented herself when applying for her license in Virginia when she checked the box “NO” to the question if she had ever been denied a license.

In a well-rehearsed shuffle that only a trained bureaucrat can pull off, the Virginia licensing board said that yes, Negi was denied a license by the State of Florida but that she had been given 14 days in which to withdraw her application—which she subsequently did.

Ergo, the lie never occurred, according to the State of Virginia.

LouisianaVoice, way back in July 2016, ran the STORY of Negi’s falsifying her Virginia application as well as records of complaints from her work in the state of Maryland.

But why did the State of Florida deny her application? Well, it seems that when she applied for her license in that state, she failed to disclose an incident in which she altered an admission order sheet after the fact. The Maryland investigation had concluded that Dr. Negi “inappropriately altered the medical records after the fact by adding her order for blood sutures to the chart order shed sometime after December 6, 2000, 2:30 a.m., and by trying to make it appear as though it was written by December 5, 2000, 10:00 p.m.

“Furthermore, the committee is dismayed by Dr. Negi’s inability or unwillingness to admit to this inappropriate alteration of the medical records. The committee unanimously agreed that this inappropriate alteration of the medical records and the physician’s implausible response to our questioning, reflect not only bad judgment but also unethical behavior,” the report said.

So now, we have two occasions in which Dr. Negi lied on official forms and yet she continues to treat patients at the VA Hospital in Alexandria.

Hamilton said he believes Dr. Negi withholds critical medical care from patients she believes are ready to die. He said, “She told me he was 84 years old and had a good life, and why do I want him coded. Dr. Negi not only put in orders to take him off of the breathing machine she also took him off of antibiotics and had him taken off of ICU.”

Hamilton says Dr. Negi took those actions against the wishes of the family.

LouisianaVoice also published a story in June 2016 which detailed complaints about Dr. Negi from family members of patients as well as from medical staff who provided written statements or testified in depositions as to Negi’s inappropriate remarks in the presence of family members and patients. [To see that story, click HERE.]

One cannot assign a specific case such as that of Floyd Hamilton’s to the Trump administration, especially since the problems began long before Trump took office.

On the other hand, Trump promised to fix veterans’ problems when he got elected, he vowed that he would instruct his staff “that if a valid complaint is not addressed, that the issue be brought directly to me. I will pick up the phone and fix it myself if I have to.”

Trump loves to fire people, and if Dr. Negi presents a problem for veterans and their families, we have a situation made to order for him.

Instead, he has broken his promise by PURGING 200,000 VA healthcare applications.

And Floyd Hamilton, III continues his lonely battle with the bureaucracy.

 

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You gotta love it when someone gets burned for their hypocrisy, tries to jump out in front of the story, and that effort falls flat.

Louisiana Attorney General Jeff Landry, who rails against illegal immigration and sanctuary cities, has the proverbial egg all over his face and his brother Benjamin’s 10-minute VIDEO on Youtube in an effort to blunt the effects of a stellar investigative report by the Baton Rouge Advocate landed with a thud.

And of course, The Hayride internet blog also attempted to come to Landry’s rescue, accusing the Baton Rouge paper of doing a hatchet job on poor Jeff.

Both Ben Landry and The Hayride accused the paper of attacking brother Jeff Landry because he’s a conservative but in doing so, neglected to observe that The Advocate has long been the unofficial official organ for the Louisiana Association of Business and Industry (LABI), quite possibly the most conservative businessmen’s club in the state of Louisiana.

But the bottom line is it’s pretty hard to defend Landry for his latest escapade: being part of a $17 million scam to hire Mexican welders and pipe fitters under H-2B visa rules through three companies owned by Jeff and Ben Landry.

Under terms of the deal, the Mexicans would work for CB&I, the prime contractor on the $7 billion Cameron LNG project in Hackberry in Cameron Parish. The three Landry companies would be subcontracted to a company run by Houston labor broker Marco Pesquera.

Pesquera made millions of dollars by defrauding the immigration system to bring more than a thousand Mexican laborers to the Gulf South but his luck finally ran out when he was convicted and began a three-year prison sentence in December for fraud.

Ben Landry, in his “Poor Me, Poor Jeff” video, blamed all his brothers’ woes on The Advocate and its reliance on a convicted felon for building its case against the attorney general.

Not said in that 10-minute diatribe was the fact that prosecutors like Jeff Landry often use jailhouse snitches, i.e. convicted felons, as the preferred ploy to convict defendants, frequently putting away innocent people, so playing the convicted felon card would seem rather disingenuous. I guess it’s okay when prosecutors do it.

It’s especially curious when you consider how Jeff Landry went to such great lengths to shield Pesquera and his company and his companies’ ties to Pesquera as well as how they embellished their claims for a need for foreign labor, documentation required by the feds.

H-2b visas are supposed to be issued only if there is a shortage of American workers to perform the needed work.

Southern Innovative Services was approved for 113 welders and pipefitters from Mexico and Evergreen got the nod for 195.

Records provided to The Advocate by the Louisiana Workforce Commission showed that 113 local welders and pipefitters applied for positions with Evergreen Contractors, one of three Landry companies involved in the scheme.

Pesquera told The Advocate that none of the Landry companies hired a single American for work—and never intended to.

Brent Littlefield, Jeff Landry’s campaign mouthpiece, refused to respond to repeated questions from The Advocate as to whether Evergreen hired any American welders or pipefitters.

While Evergreen obtained a contractor’s license in June 2018, his other two companies, Prime Response and Southern Innovative Services, have never obtained one as required by law and Jeff Landry, normally quick with the lip, has not responded to questions about the companies’ status regarding state contracting licenses.

And while Jeff Landry, who disrupted a State of the Union Address by President Obama while he was a member of Congress by holding up a sign opposing the drilling moratorium in the Gulf following the BP spill, was uncharacteristically mum in responding to The Advocate’s questions, his brother most certainly was not in his Youtube video.

The Advocate newspaper is on a crusade against my brother—my guess is, for no other reason than because he is a conservative,” Ben Landry said.

You have to wonder if Landry may have used his position as attorney general to lean on CB&I to hire those Mexican workers that he was importing at the same time he was publicly positioning himself as a dedicated opponent of illegal immigration.

Jeff Landry, it seems, couldn’t be satisfied with being a full-time attorney general; he just had to find a way to enrich himself while in office.

Funny, isn’t it, how politicians can conveniently bend their moral compasses so that north is south and east is west.

 

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The Law is for Protection of the People

—Kris Kristofferson

The late John Hays had a popular column in his weekly Ruston newspaper The Morning Paper that he called The Rumor Mill. Getting a mention in his Rumor Mill was something about as thrilling as having Mike Wallace show up at your door for a 60 Minutes interview.

LouisianaVoice would like to briefly reprise that column with the reliable rumor that Felicia Williams, chief judge for the Second Circuit Court, will be a candidate in the special election to fill the unexpired term of Louisiana Supreme Court Justice Marcus Clark, who has submitted his retirement to the Secretary of State, effective June 30, less than four years into his 10-year term. (Read Clark’s resignation story HERE.)

It’s important to note that Judge Williams assumed the mantle of chief judge by default in October, succeeding Judge Henry Brown, Jr., who was forced from the bench by the State Supreme Court. Technically, Brown “retired” a week after the Supreme Court ordered him to vacate the appeals court building. (Read that story HERE.)

LouisianaVoice has written numerous stories about the manner in which the state, abetted by the Second Circuit, screwed over contractor Jeff Mercer, a Mangham subcontractor on several construction projects for the Department of Transportation and Development (DOTD).

(Read those stories HERE, HERE, HERE, HERE, and HERE.)

And while LouisianaVoice was the only one pursuing this story for a while, it was just a matter of time before the twisted, incestuous series of sordid events would produce serious questions of alleged misappropriation, impropriety and ethics violations to such an extent that others would be drawn to the story.

Ruston’s Walter Abbott of the web blog Lincoln Parish News Online has done a great job of constructing a media timeline of news stories on the Jeff Mercer’s David vs. Goliath battle for justice. (Read his story HERE.)

Gary Hines, a former co-worker during my brief stint at the Shreveport Journal, and Jamie Ostroff have done a good job on an in-depth story for KTBS-TV of Shreveport that reads like a scaled-down version of the J. Howard Marshall/Anna Nicole Smith saga of 20 years ago. (You can read the KTBS story HERE.)

That story, instead of taking place in the city of Houston, involves the estate of a man named Houston and even the LSU School of Veterinary Medicine got drawn into the controversy.

You see, a woman named Hahn Williams (no relation to Judge Williams) was Houston’s financial adviser and it just happened that Judge Brown and Hahn Williams were tight.

When the LSU Vet school learned it was beneficiary of much of Houston’s estate, officials there naturally wondered why (a) they hadn’t been informed and (b) they hadn’t received any of the money.

So, the vet school did what anyone would do. It sued Hahn Williams.

Hahn Williams was subsequently ordered by a Caddo First District Court to pay the vet school $1.5 million. Broke, she sold her house to Judge Brown who (a) allowed her to remain living there and (b) eventually became her attorney in her legal efforts to fight off forced bankruptcy—raising the question obvious to most as to why Brown is even allowed to practice law at all in light of his egregious transgression while on the bench. In other words, why wasn’t he disbarred outright in light of of such a serious ethics breach?

Before Brown became her attorney, she appealed her adverse verdict to the Second Circuit where Judge Brown recused himself, but apparently attempted to lean on other judges, which eventually brought the wrath of the State Supreme Court down upon him, forcing his “retirement.”

Added to that, his law clerk, Trina Chu, was also Williams’s longtime friend and she downloaded documents to her own flash drives and emailed legal advice to Williams who then forwarded portions of those communications to Judge Brown via his Second Circuit court email address.

And here’s the real kicker: The Caddo Parish Sheriff’s Department concluded no criminal charges were warranted in the computer hacking.

The Caddo Parish District Attorney’s Office, however, was not quite satisfied and decided more work was needed as it took over the investigation. But DA James Stewart is himself a former judge on the Second Circuit Court of Appeal and worked with Chu and served on the court with Judge Brown, which would seem to give him a built-in conflict of interest in any investigation.

All of which may explain why the Louisiana Attorney General’s Office is now involved. But, given Attorney General Jeff Landry’s track record, that’s where criminal investigations go to die unless they can directly promote his political career.

Meanwhile, Mercer is seeking the entire case file, convinced it will aid him in his own pursuit of justice. He filed the appropriate public records requests which both the sheriff’s office and the DA’s office are fighting on the grounds the computer hacking is an ongoing investigation.

Of course, Mercer’s case is ongoing as well and the contents of those files could conceivably help him but no one in a position of authority seems to give a damn about that.

And, it turns out, the DA’s office got involved only after Mercer made his public records request, thus giving the DA justification for refusing his records request on the grounds that there was this “ongoing investigation.”

While district court judges would have to resign their positions to run for the Supreme Court, Judge Williams, as a member of the Court of Appeal, would not, giving her a distinct advantage.

Still, she would have one disadvantage in running.

Jeff Mercer will do everything within his power to legally see to it she is never elected.

And that goes, he said, for the other judges who served on the panel that overturned the unanimous trial court $20 million verdict in his favor.

Stay tuned.

 

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