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Public Schools Are NYC’s Main Youth Mental Health System. Where Kids Land Often Depends on What Their Parents Can Pay.

2 years 5 months ago

This article was produced for ProPublica’s Local Reporting Network in partnership with THE CITY. Sign up for Dispatches to get stories like this one as soon as they are published.

On Staten Island, a middle schooler with a hair-trigger temper was in a fistfight every week. In north Brooklyn, a ninth grader cut class for months before he tried to commit suicide. A few miles east, where Brooklyn meets the marshlands of Jamaica Bay, a 13-year-old ended up in a psychiatric emergency room after the COVID-19 pandemic shut down her school.

These kids all had two things in common: First, they were part of a growing cohort of students with serious mental health and behavioral problems that got in the way of their education. And second, they lived in New York City, which meant that their problems became, at least in part, the responsibility of the city’s school system.

Under federal law, school districts are required to provide all students, including those with mental health and behavioral problems, a “free and appropriate education.” In theory, this means that when a student is struggling to learn, districts must conduct assessments, create individualized plans and, if a child’s needs can’t be met in public schools, pay tuition for a private school — all at no cost to kids or their families.

In practice, however, what happens to students in New York City’s special education system often depends on the personal resources a family brings to the table. At each step of the way — identifying a disability, creating a service plan, deciding where a child will learn and who will pay for it — a family’s ability to spend its own money can secure a completely different outcome from the city’s public education system.

In the city’s wealthiest neighborhoods, thousands of parents tap their personal funds to send children to private schools for students with disabilities and then sue the city Department of Education to reimburse them for tuition or other services. The schools these kids attend often charge well over $100,000 a year. Many offer the trappings of elite boarding schools, with bucolic settings and promises of advanced college prep. At some, students ride horses as part of their therapy.

The city doesn’t publish specific demographic data about students whose expenses are paid this way — commonly known as “Carter cases” after a 1993 U.S. Supreme Court decision, Florence County School District Four v. Carter, that affirmed schools had a duty to reimburse tuition in certain situations. However, Carter cases are not evenly distributed across New York City, which divides its massive school system into 32 geographical regions sometimes referred to as community school districts. Last school year, more than half of settlement agreements involved students who live in just four of the richest and whitest districts, which include neighborhoods such as Manhattan’s Upper East Side and Park Slope in Brooklyn. The poorest community school districts rarely see Carter case settlement money at all.

Meanwhile, more than 2,600 other kids — most of them Black or Latino and nearly all low-income — are labeled as having an “emotional disability” and shunted into city-run special-education schools, many of which fail across just about every measurable metric: At the schools where the city Department of Education most often places emotionally disabled kids, attendance rates are among the lowest in the city and dropout rates among the highest. By the end of high school, public school students with emotional disability classifications are far more likely to have quit school than to have graduated with a diploma, according to data provided by the New York City Independent Budget Office. Hundreds end up in juvenile justice facilities or on Rikers Island.

Students With Emotional Disabilities Were Much Less Likely to Graduate Than Students Overall

Educational outcomes of New York City students in the six years after they entered the ninth grade in 2013

Note: Unknown cases were rounded down to make totals add up to 100. (Source: Data for students with emotional disability classifications was provided by the New York City Independent Budget Office. Data for students citywide is reported by the Department of Education.)

The inequities are not new. Critics have long argued that money for private tuition reimbursements should instead be invested in improving services for kids with disabilities in public schools. But the costs of Carter cases to taxpayers have grown exponentially in the past decade, with payouts reaching $918 million last year. And while the cases have historically been driven by kids with autism or learning disorders, something has shifted in recent years: Attorneys who represent students say there is an influx of young people who need private schooling because of mental health conditions. “I’m seeing more and more kids whose anxiety has gotten more severe since COVID, or who are really behind in social skills,” said Lauren Goldberg, a partner at The AGS Firm, which represents students in education law cases.

School closures and other pandemic stressors have contributed to the crisis, Goldberg and other attorneys say. But even before the coronavirus arrived in New York, schools were feeling the impact of shutdowns of another kind: As THE CITY and ProPublica have reported, New York state made a deliberate choice over the past decade to eliminate hundreds of beds for children and adolescents in psychiatric hospitals and residential programs while failing to follow through on promises to dramatically expand community-based mental health care.

NYC Spends 5 Times as Much on Carter Case Settlements as It Did in 2012 Note: “All other expenditures” include legal and arbitration fees, pupil transportation and reimbursements for services such as speech or occupational therapy. (Source: Data provided by the New York City Independent Budget Office.)

When kids can’t find mental health services in their communities, the onus falls on school systems, which don’t have the option to turn students away. “As soon as the residential programs closed, those kids came to us,” said one social worker at a New York City special education high school that serves hundreds of students with emotional disability classifications. “The entire state of New York has shifted the burden of mental health to the school districts.”

In a written statement to THE CITY and ProPublica, Nicole Brownstein, a spokesperson for the city Department of Education, said her agency is working to expand access to high-quality programs that allow students with disabilities to succeed in all schools. The city has invested in software that will improve assessments and service plans, has expanded programs for students with sensory and mental health needs, has conducted trainings on implicit bias, and is creating a strategic plan to support students with emotional disabilities, Brownstein said. “We continue to work towards dismantling inequities in the special education process.”

ProPublica and THE CITY have documented the stories of three New York City kids, each of whom had a very different experience navigating the school system when they had a mental health crisis. We spoke extensively to each child’s mother, though not to the kids themselves; reviewed medical and educational documents; and interviewed dozens of mental health and education professionals who work with these and other students with disabilities. We also asked the city Department of Education to comment on the experiences of the two students who struggled to get the help they needed; Brownstein offered a brief statement on one. We allowed parents to decide whether and how we could identify their children. Read their stories below.

Gary, Taylor and Davon A Child and a Crisis Gary

Gary’s mom was sure that, if she didn’t do something drastic, her son would wind up arrested or dead.

Things had been scary for a long time. Gary was a ninth grader at a prestigious and competitive public school in Brooklyn, but he skipped class more often than he went. At the beginning of the school year, in the fall of 2018, he’d attempted suicide at least once — maybe twice, his parents still weren’t sure — and spent a week in a hospital psychiatric unit, said his mom, who asked us to identify Gary by his middle name to protect his privacy.

Still, it wasn’t until Gary left his Instagram account open that his mom’s worst fears were confirmed. She saw messages, going back for months, about using and selling hard drugs. “My stomach dropped,” she said. “We have serious addiction in the family. My sister drank herself to death.”

Months earlier, a counselor had suggested that Gary go to a residential program for kids with acute mental health conditions, but his parents had dismissed the idea. They didn’t want to send their child away from home, and anyway, they knew that a good program could cost thousands of dollars a week — not the kind of money they had sitting around.

Now, “full-on desperation set in,” said Gary’s mom. She mined her network, contacting other parents of struggling teens, talking to friends of friends who were mental health professionals. She turned to her own mom and her husband’s parents for help with money — a lot of it.

Within a week, she and her husband had a plan: They hired what’s known as a “youth transportation service” — two burly guys who came to Gary’s home in the middle of the night and escorted him by plane to Utah, where, at a cost of $60,000, he spent four months at a wilderness therapy program, getting sober and doing intensive individual and group therapy.

Sending her son away was one of the hardest things Gary’s mom had ever done, she said. But there was more bad news: At the end of wilderness therapy, Gary’s counselors said he still wasn’t ready to come home. His mom would need to find an even longer-term program — one that could keep him safe and continue to provide treatment while letting him move forward with high school.

“They told me, ‘You can’t bring this kid home. He’ll relapse right away,’” Gary’s mom said.

Taylor

Taylor Cardin had just turned 13 when the COVID-19 pandemic shut down schools across New York City, including the school she’d attended for years in Queens. Taylor is autistic, and when her routines disappeared, she panicked, said her mom, Tiffany Caldwell.

Taylor stopped sleeping at night and refused to go outside during the day. She’d always been a gentle, affectionate kid, but now little things infuriated her. As the months at home dragged on, she grew aggressive with her mom, hitting and scratching Caldwell when she got upset. When her school finally opened back up in person, she refused to get off the bus, crying and lashing out at anyone who tried to help her.

Taylor’s doctor recommended that Caldwell take her to a psychiatrist for an evaluation. Caldwell had always thought that she had good health insurance. She’d worked for nearly 20 years for New York state’s Office of Mental Health as an aide in a psychiatric hospital for adults. But when she called the list of psychiatrists in her insurance network, she found that not a single one was available to see Taylor. “They didn’t answer, or they weren’t taking new patients, or, if they were, the first appointment was sometime next year,” Caldwell said.

Desperate, Caldwell paid out of pocket — “money I didn’t have,” she said — for a session via Zoom with an out-of-network psychiatrist, who diagnosed Taylor with depression and anxiety and prescribed her a cocktail of medications that seemed to Caldwell to make everything worse. Taylor picked up new behaviors, like slamming doors and the toilet seat over and over again. “She had this look in her eyes like she was on another planet,” Caldwell said. Taylor’s violent episodes got so bad that Caldwell had to call the police to restrain her and take her to a psychiatric emergency room. Each time, hospital staff sedated her and sent her home. “They didn’t have any beds,” Caldwell said. “Once, I begged them to keep her overnight. They told me, ‘If you’re not here in the morning, we’ll call child services.’ It was like a punitive thing. There’s such a lack of regard and empathy and respect.”

By the end of 2020, Taylor had been out of school for nine months. She was talking less and refusing to do basic things, like shower and get dressed. Caldwell, who raises Taylor on her own, had used up her family medical leave and was on the verge of losing both her job and her apartment. The thought of separating from her daughter broke her heart, Caldwell said, but she realized that Taylor needed a residential school: “I was just watching my child regress every day.”

Davon

For Davon, the problems started in elementary school. He was skinny and shy, and kids picked on him, said his mom, Latoya Patterson, who asked us not to use Davon’s last name to protect his privacy. Patterson asked school officials for help, but Davon was quiet and didn’t cause problems, she said, so the school ignored him until fifth grade, when he started to fight back.

“He got sick of the bullying,” Patterson said. “If someone did something to him, he was reactive right away.” By middle school, Patterson was getting calls at least once a week to say that Davon had been in another fight.

In sixth grade, Davon was classified as having an emotional disturbance, a term that was formally changed in New York this year to “emotional disability.” An emotional disability classification is not a medical diagnosis. Rather, it’s a catch-all term used by education departments for any number of mental health or behavioral challenges that show up in school. An emotionally disturbed student could be a first grader who hits other kids or a 10th grader who has psychotic episodes, or who’s too persistently sad to concentrate. Critics argue that the classification is far too vague and subjective. Under federal and state regulations, for example, students can be classified as emotionally disabled for such criteria as exhibiting “inappropriate types of behavior or feelings under normal circumstances.”

In New York City, Black boys get classified with emotional disabilities at a far higher rate than other kids. In the 2020-2021 school year, the most recent for which data is available, Black students made up less than a quarter of students overall, yet they accounted for nearly half of students classified as having an emotional disability. White students, who made up 15% of all students in New York City public schools, accounted for just 8% of emotional disability classifications.

That’s in part because evaluators may be more likely to interpret Black boys’ behavior as aggressive, advocates and attorneys say. But it’s also because white families more often come to the assessment process armed with detailed private evaluations and the knowledge that they can push for a classification that carries less potential stigma, such as “other health impairment” or “multiple disabilities.”

Parents “want to get the right classification,” said Goldberg, the education attorney. “Colleges are going to see this. Middle and high schools are going to see this. You’re thinking about your kid’s future.”

Patterson, who’s Black, raises Davon by herself and works as a construction laborer. She didn’t know that some parents hire lawyers and paid educational advocates to represent them at special education meetings. Certainly, nobody suggested that she get Davon a private neurological or psychiatric evaluation. Instead, she participated in planning meetings, filled out paperwork and, for the most part, took Department of Education staff at their word when they said they wanted to help her son.

It was a belief that she came to regret.

‘Please! We’re Drowning! Help Us!’ Gary

By the time Gary finished wilderness therapy, his mom had spoken to plenty of parents who’d sent their kids to private schools and then sued the city to be reimbursed for the cost. She knew that success depended on hiring the right people.

The frequency with which families pursue these Carter cases has given rise, in New York City, to an elaborate ecosystem of high-priced professional advisers and advocates. Parents frequently start by paying $5,000 to an educational consultant, whose job it is to broker admission to a private school. Sought-after schools often maintain relationships with particular attorneys, who might charge a family anywhere from $5,000 to $10,000 per year to pursue tuition reimbursement. In turn, attorneys may point parents to trusted psychologists, who — for another $5,000 or more — conduct detailed assessments and write reports that might support the claim that a child can’t be served in public school. That’s all in addition to the price of tuition, which, even if a family wins its case, may not be reimbursed for months or years.

Not everyone who pursues Carter cases has hundreds of thousands of dollars on hand. It’s not uncommon for parents to refinance their homes or pull cash from retirement plans to pay the deposit on a residential school that a family hopes will rescue their suicidal or addicted child. And there’s no shortage of GoFundMe pages set up by families begging for help with the final $10,000 or $15,000. There are also some attorneys in New York who specialize in taking on severely disabled kids without charging a retainer, and there are private schools that reserve spots for kids whose families can’t pay tuition upfront.

Nonetheless, the typical buy-in costs are high enough to rule out the vast majority of New York City families. “There’s a huge industry around teenage mental health, but it’s only for a particular demographic of our society,” said Gary’s mom, who is white and describes her family as middle-class. “It’s so clearly unjust. At the same time, when your child is attempting suicide, you can’t really get picky about diversity at the institutions you’re sending them to because you need to save your kid’s life.”

Gary’s mom had heard enough horror stories about abusive residential programs to know that she wanted professional advice on which one to choose. Based on recommendations from a friend, she hired an educational consultant who found a therapeutic boarding school in Arizona and then managed Gary’s application. “She had the relationships; she knew what to say,” Gary’s mom said.

With her in-laws’ help, Gary’s mom was able to cover tuition: a $25,000 deposit and then $11,000 per month. The next step was to try to get that money back from the public school system.

Taylor

Because Taylor was diagnosed with autism when she was little, Caldwell had years of experience navigating New York City’s special education system. She knew that most decisions go through a dedicated committee in a student’s local area, which is charged with approving individualized education programs and deciding which services kids should receive. To Caldwell, those decisions often seemed arbitrary. She’d wondered why some kids seemed to get more services than others, and whether Taylor might be getting less help because she’s Black.

After schools closed down in 2020, Caldwell reached out to her local committee, but months went by with no help. “I kept reporting, reporting, reporting: ‘This child is in crisis and it’s getting worse,’” she said. “It all fell on deaf ears.” Some of Taylor’s instructors tried to continue working with her virtually, but Taylor couldn’t engage via the computer screen, so she ended up receiving nothing — no classes, no speech therapy, no contact with anyone except her mom. “It’s like we’re floating around with an inner tube, and I’m yelling, ‘Please! We’re drowning! Help us!’” Caldwell said.

There was no way that Caldwell could pay upfront for Taylor to go to a private boarding school — she’d never even heard of anyone who did that. Her only option was to convince the Department of Education to approve Taylor for placement at a residential school and get the agency to pay the tuition directly.

The New York State Education Department holds contracts with approximately 200 private schools — typically shorthanded as “state-approved” schools — that serve kids from across New York who have disabilities that affect their education, such as intellectual delays, autism or emotional disabilities. While these state-approved schools are free for families, they vary enormously in quality, according to advocates and education attorneys. Some schools have excellent reputations and get far more applicants than they can take; others have been the subject of multiple complaints and lawsuits alleging mistreatment of kids. Little information is available publicly about each school, so parents who don’t have paid consultants or deep networks may have nothing to go on but online reviews.

State-approved schools are also deeply segregated by race. For example, at the Queens campuses of The Summit School, which attorneys describe as being highly sought after, 70% of students were white, while just 22% were Black or Hispanic during the 2021-2022 school year, according to state data. Just a couple of miles away, at the Theresa Paplin School, which is run by a large foster care and mental health services agency, 83% of students were Black or Hispanic, while just 13% were white.

Getting placed at any of these schools can be a long and circuitous process, involving multiple meetings, referrals and interviews. And even then, there’s no guarantee that an appropriate school will have space. Kids sometimes wait months for a bed to open up at a therapeutic residential school on the state-approved list. In the worst cases, they cycle in and out of emergency rooms, sit in psychiatric hospitals or land in the juvenile justice system while they wait.

On her own, Caldwell couldn’t even get to the first step: scheduling a meeting to review Taylor’s special education plan. By the time Taylor had been out of school for close to a year, Caldwell’s own health was suffering, and she was exhausted and furious. “Children with disabilities are disregarded and pushed to the side,” she said. “They’re treated like second-class citizens.”

In January 2021, Caldwell found an education attorney who was willing to take Taylor’s case against the Department of Education without charging an upfront fee. “You have to fight for everything,” she said, “because they’re not going to willingly give it to you.”

Davon

While many parents battle to get their kids approved for private placement, Patterson found that Davon’s school was all too happy to recommend that Davon go elsewhere.

That’s not unusual for kids who are seen as aggressive, education experts say. Once a student has been classified with a disability, federal law requires school districts to educate them in the least restrictive possible setting, integrated with their nondisabled peers. In reality, teachers often don’t have the training to deal with kids who have repeated behavioral problems, said Kristen GoldMansour, a former teacher who works as a consultant in dozens of New York City schools.

The result is that struggling kids get punished for behaviors that are beyond their control, GoldMansour said. “If a kid is coming in to us completely traumatized and we just keep saying, ‘Sit down, pay attention, calm down,’ we’re not helping.”

Over time, the pressure can build up to drive difficult students out of general education schools, even if that child is academically and cognitively capable of doing grade-level work. A Brooklyn-based social worker who conducts special education evaluations, and who asked to remain anonymous for fear of repercussions at work, described the process like this: “My supervisor would be saying, ‘Let’s try a smaller class. Let’s try a paraprofessional.’ But the principal wants that kid out of the school immediately. It’s a touchy thing.”

At first, the special education committee that reviewed Davon’s case suggested that he transfer to a special day program for kids with mental health challenges, but the waitlist was months long, so the Department of Education changed his recommendation to a state-approved residential school. To Patterson, it sounded like Davon would be placed in a specialized boarding school, with all the mental health services that she couldn’t find for him at home. “They’re saying he’ll get therapy,” she recounted. “He’ll get a lot of different programs that will help him. I’m thinking this will be great.”

It was only after Davon got to the residential school — a campus in Westchester operated by the social service agency Graham Windham — that Patterson learned that many of the students had been placed there by a judge and seemed to have far more serious behavioral and psychological problems than Davon. Sending him there “was the worst decision I ever made,” she said.

Davon had been slightly behind his grade level when he left home; now he fell way back. Patterson said he never got the therapy he was promised because — like many mental health providers that rely on public funding — the school couldn’t keep counselors on staff. “It was like a revolving door,” Patterson said. “If he got two months of consistent therapy, I’d be surprised.” She asked the special education committee if she could bring Davon home, but was told that since he’d left the system with a record of behavior problems, a community school would be unlikely to take him back.

Graham Windham did not respond to requests for comment.

Davon started sneaking off campus with other kids and getting into increasingly serious trouble. He was arrested for being a passenger in a stolen car, and then again at the scene of a robbery, Patterson said. After he violated the curfew in his probation agreement, a judge sent him to a juvenile justice group home in Brooklyn, where he spent nine months.

To Patterson, the irony was excruciating. She had agreed to send Davon to the residential school in part because she was afraid that at home he’d end up in trouble with the police. Now she believed that the school system had put him on a direct path to the criminal justice system.

It’s a common trajectory for young people with emotional disabilities, who make up close to half the students enrolled at schools in New York City’s juvenile detention centers and in the Rikers Island jail, according to data from the Independent Budget Office. “There’s a school-to-prison pipeline for these kids,” said Dawn Yuster, an attorney who directs the School Justice Project at the community group Advocates for Children.

An Education in Treatment Gary

Gary’s therapeutic boarding school was exactly what his mom had hoped. It was small and family-run. Most of the staff had many years of experience; several were in recovery themselves. Gary got individual therapy multiple times a week, as well as evidence-based addiction treatment and full weekends of intensive family therapy. He and the other residents spent hours every day outside, taking care of horses and riding them through the desert. For years before Gary went to the program, “our house was so sad and tense,” his mom said. Now, “he was free. It was the coolest thing ever, to see your kid be a cowboy.”

From the start, Gary’s attorney was optimistic about the family’s prospects of getting a tuition reimbursement. “They won’t tell you that you’ll definitely win. They were like, ‘You have a good case,’” Gary’s mom said. “The suicide attempts help; making it a life-or-death situation helps.”

From a historical perspective, there was good reason to be hopeful. Back in the early 2000s, then-New York City Mayor Michael Bloomberg staffed up on lawyers to make it harder for parents to force the city to pay for private schools and services. In 2014, his successor, Bill de Blasio, changed tack, promising to make the settlement process easier and faster for families. The number of New York City students receiving Carter case settlements shot up, growing from less than 5,300 in 2015 to more than 17,700 in 2022, according to data provided by the Independent Budget Office. The city Department of Education declined to say what percentage of Carter case filings are successful or how many are settled without going to a hearing. But education attorneys say that they win reimbursement cases far more often than they lose.

It’s unclear whether the current administration under Mayor Eric Adams will try to bring the Carter case numbers down. At an advisory meeting over the summer, New York City’s schools chancellor, David Banks, infuriated some advocates by saying that private school parents had “figured out how to game this system,” siphoning funds at a time when public schools are contending with massive budget cuts. At a later City Council hearing, Department of Education staffers attempted to walk that accusation back, pinning the blame instead on attorneys and consultants who’ve turned filing Carter cases into a business model. In response, parents and City Council members argued that families wouldn’t need to resort to private schools if the city weren’t so abjectly failing students with disabilities.

In the end, Gary’s case didn’t even go to a hearing. The city agreed to settle, reimbursing his family for $100,000 of the more than $140,000 they had paid in tuition at the therapeutic boarding school.

Gary came home in 2021, after 13 months at the private school, and enrolled in 11th grade at a public alternative school. He still gets hit by intense bouts of depression, his mom said. “It’s a hard road, and it probably always will be.” But he has strategies for dealing with his illness now — a fact that his mom credits almost entirely to the excellence of the treatment he received. “He came away with a lot of coping skills, a lot of integrity and a very clear understanding of who he is,” she said. “That’s a testament to the quality of the program, one hundred percent.”

“That place saved his life,” she continued. “The horses, the other boys, the therapists — they saved his life.”

Taylor

About the time that Gary was flying home from Arizona, Taylor’s case began to crawl its way through the New York City special education system.

On the advice of her attorney, Caldwell made a formal request that the Department of Education reevaluate Taylor and write her a new education plan. “Taylor has regressed significantly,” she wrote in a January 2021 email. “I have been voicing my concern with the team for months.”

In response, the special education committee had Caldwell fill out forms and conducted a brief social-psychological assessment by video. But more months passed, and nothing changed: There was no meeting, no plan, no new services.

In April 2021, Taylor’s attorney filed a due process complaint with the Department of Education, charging that the city had failed to provide Taylor with a free and appropriate education. By law, that should have triggered what’s called an “impartial hearing” within 30 days, but the hearing system is notoriously backlogged, and Taylor and Caldwell waited four months. (This year, the city moved impartial hearings to a new administrative office and hired 40 new hearing officers, which has reduced the standing backlog of unassigned cases from thousands to hundreds, wrote Brownstein, the city Department of Education spokesperson.)

When Taylor’s hearing finally took place, the hearing officer ruled in her favor on all counts. The Department of Education must not only consider approving her for placement in a residential school, the officer wrote, but must also immediately start providing the services she should have been receiving all along, including tutoring, counseling, and speech and occupational therapy.

Even then, every step was a battle, Caldwell said. The Department of Education refused to provide in-home instruction; a request for an iPad to help Taylor communicate dragged on for months. Meanwhile, the question of Taylor’s residential school placement inched forward while Taylor sat at home. Two months after the hearing officer’s order, the Department of Education sent an application packet on Taylor’s behalf to multiple schools on the state-approved list. Six of those schools rejected her outright, probably because of her history of aggressive behavior, the attorney told Caldwell. One school — The School at Springbrook in Oneonta, New York — offered Taylor a spot, but they were full and couldn’t say how long it might take for a bed to become available.

In January, the Department of Education offered Caldwell a new option: She could send Taylor to a residential school in Pennsylvania, which had vacancies and would accept her right away. At first Caldwell was thrilled, but then she looked up online reviews for the facility and found dozens of stories referencing abuse and neglect. One reviewer alleged that her daughter had been raped by a staff member; others said their kids came home with bruises. Caldwell turned the placement down.

A space finally opened up for Taylor at The School at Springbrook in April, after she’d been at home for more than two years. Taylor’s thriving at the school, which uses evidence-based therapies designed for people with autism and emotional disabilities, Caldwell said. She’s going on field trips, getting along with other kids and regaining some of the skills she lost. Caldwell plans to move upstate, closer to the school, because she wants Taylor to stay.

But it still hurts her to think about the time that Taylor lost, Caldwell said. “She’ll never get those two years back.”

“I’m not going to let anyone dehumanize my daughter,” she continued. “She’s going to get the same quality education as if she didn’t have a disability. She should have the same rights as her peers. She’s human. She matters.”

Davon

Ironically, the juvenile justice group home was better for Davon’s education than the residential school. He caught up on credits and did well in his classes, according to teachers who described him in written reports as a “polite student” who helped his peers with their work. By the time he left, he’d decided that he wanted to go to college and become a lawyer.

Still, when it was time to come home, rather than allowing Davon to attend a general education school, the Department of Education placed him at South Richmond High School — a special education school on the south shore of Staten Island. Like all such schools in New York City, South Richmond is run by an administrative entity called District 75.

Advocates have long argued that the city places far too many students in District 75 schools, where they receive a vastly inferior education with fewer resources and little hope of graduation. More than a decade ago, a city-commissioned report found that District 75 students were more isolated than students with disabilities in any other major urban school district. “District 75’s expectations for the students that it serves need to be elevated. Its programs and supports need to be improved,” the report said.

The Department of Education told THE CITY and ProPublica that it is working to ensure that students can receive the social and emotional support they need in all school districts. “We cannot live in a system,” Brownstein wrote, where “students receiving District 75 special education services are separated physically, academically and socially from their peers.”

Still, students with emotional disability classifications are placed in special education schools at an extraordinarily high rate: In the 2020-21 school year, over 33% of students with emotional disability classifications were in District 75, according to data provided by the Independent Budget Office. And within the district, those students were heavily concentrated into just a handful of schools. At several, students with emotional disability classifications made up close to half the student body.

Concentrating kids with emotional and behavioral problems into one school is a setup for failure, say parents, advocates and staff who work at the schools. “These schools tend to be … I don’t want to say ‘dumping grounds,’” said another social worker who has spent years working in District 75 high schools with very high concentrations of students with emotional disability classifications, and who did not have permission to speak on the record. Students come in throughout the year, often directly from juvenile justice facilities or residential foster care programs. One dysregulated student can easily set off others, leading to fights and chaos that make it impossible for other students to learn, the social worker said. “They’re in fight-or-flight all of the time.”

While most people who work in the schools are doing their best to make positive connections with students, the social worker continued, “We also have a number of staff who couldn’t get jobs in any other school.”

At South Richmond, where Davon was referred, nearly 60% of the school’s students were classified as having an emotional disability in the 2020-21 school year, compared to less than 1% of New York City public school students overall, the Independent Budget Office data shows. (The remaining South Richmond students have other educational disabilities, such as cognitive delays.) Like other schools where the city concentrates students with emotional disability classifications, South Richmond has exceptionally high rates of chronic absenteeism — 60% of students missed 20 days or more in the 2019-20 school year — and a dropout rate that is nearly five times as high as that of high school students citywide. Every year, it is on a short list of the schools that most frequently call in police officers to respond to students in emotional crisis, according to an analysis by Advocates for Children.

After a Daily News article highlighting problems with District 75 was published in July, New York City Mayor Eric Adams promised to improve conditions for kids with emotional disability classifications. Like several other District 75 schools, South Richmond has an on-site partnership with a mental health care agency, Brownstein wrote. This school year, the Department of Education is expanding after-school and Saturday programs for students with intensive sensory needs that affect their learning and behavior.

The city is also building on a pilot project that began in 2021, which places kindergarteners with emotional disability classifications in classrooms that are intentionally integrated with nondisabled peers. The program is now running in three classrooms, each of which has two teachers, a dedicated counselor and an occupational therapist to support students. An additional three classrooms are slated to open in January in community school districts with high numbers of referrals to District 75 schools.

“These are students who may have been on a trajectory to District 75,” Christina Foti, the city’s special education chief, told THE CITY and ProPublica. “We are rerouting them.”

To Patterson, any changes are too little and too late. Placing Davon at South Richmond was evidence that the school system had long since given up on her son, she said. “He felt like the classes were boring. The work was too easy. I think they just didn’t expect him to graduate.” Outside of class, Patterson continued, “the school was chaotic. They have a lot of fights. They can’t control the kids. Why are you putting a bunch of kids that get into trouble in the same place? It doesn’t make sense.”

Nearly as soon as he started at the school, Davon felt that he was being targeted by an assistant principal and school safety officers who knew that he had a history of being arrested. Things came to a head in May, when, according to Patterson, Davon refused to allow a school safety agent to search his bag. The school called the police, and Davon was handcuffed and eventually taken to a precinct. School officials told Patterson that Davon had marijuana in the bag and that he’d head-butted a safety agent. Davon said that the agent knocked him down when he was already in handcuffs. The Staten Island district attorney’s office declined to pursue a case against Davon, Patterson said, but he was briefly assigned an attorney, who advised Patterson to get in touch with Yuster from Advocates for Children.

The Department of Education said Davon was passing classes and earning credits at South Richmond High School. “He was offered the opportunity to participate in summer school programming for additional credit accumulation, which his family declined,” Brownstein wrote.

After months of letters, phone calls and meetings, Yuster helped Davon get a new education plan, which allows him to attend a general education school this year for the first time since seventh grade. “That’s what I wanted, to get him out of District 75,” Patterson said.

But it’s hard to have faith, Patterson continued, in a school system that seemed ready to throw her child away when he was in middle school. “My son is really smart,” she said. “But it feels like he’s never going to have a fair shot.”

Clarification, Nov. 17, 2022: This story was updated to clarify that Lauren Goldberg, an education attorney, was explaining why some parents might not want an emotional disability classification for their children, not describing her own legal advice.

THE CITY will be hosting an event related to this story virtually and in person early next year. Sign up for THE CITY’s daily newsletter The Scoop, which will include more event details when they are available.

by Abigail Kramer, THE CITY, illustrations by Holly Stapleton, special to ProPublica

In Missouri’s Sheltered Workshops, Disabled Workers Make Low Wages For Years

2 years 5 months ago

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The Kansas City Beacon worked with us to write this story. They are part of ProPublica’s Local Reporting Network.

Kerstie Bramlet is 30 years old. She is autistic and has intellectual disabilities. Intellectual disabilities are disabilities that affect the way people think and learn.

Bramlet works at a place called the Warren County Sheltered Workshop. Warren County Sheltered Workshop is near St. Louis, Missouri.

Bramlet’s job was putting plastic labels on dog treats. She put the labels on the dog treats with about 12 other people. One time while they were working, they talked about a Special Olympics event. Many of the people she worked with were also disabled.

The workers worked together to label the dog treats. Some people put labels on the dog treats. Some people counted the dog treats.

After the workers labeled the dog treats, other people sold them on Amazon. Six dog treats would cost $14.99. Bramlet earns $1.50 an hour for her work.

The law says that every business has to pay its workers a minimum wage. The minimum wage is the least amount of money a worker can be paid. It is illegal to pay most people less than the minimum wage.

Warren County Sheltered Workshop pays Bramlet less than the minimum wage. Money that is less than the minimum wage is called a subminimum wage. It is legal to pay some disabled people a subminimum wage.

Most people work 40 hours per week. If Bramlet worked 40 hours per week, she would not earn enough money to live on her own.

Kerstie Bramlet earns $1.50 at a sheltered workshop near St. Louis, Missouri. This picture was taken by Arin Yoon. Arin Yoon is a photojournalist, special to ProPublica.

Bramlet works at a place called a sheltered workshop. A sheltered workshop is a special place where people with some types of disabilities work.

Sheltered workshops are supposed to be places where disabled people can learn how to work in other kinds of jobs.

Sheltered workshops can pay disabled people a subminimum wage.

Sheltered workshops are supposed to be places where people work for a short amount of time. Bramlet has been working at her sheltered workshop off and on for around 8 years. This is a long time.

Workers sort, count and package dog treats. This picture was taken at Project CU sheltered workshop. This picture was taken by Arin Yoon. Arin Yoon is a photojournalist, special to ProPublica.

Reporters from The Kansas City Beacon and ProPublica looked at how long people had been working at sheltered workshops in Missouri.

The reporters learned that most of the people working at sheltered workshops had worked there for a long time.

Almost half of the people working at sheltered workshops had been working there for more than 10 years. Some people had been working at sheltered workshops for more than 20 years. The person who had been working at sheltered workshops the longest had been working there for more than 50 years.

People are supposed to leave sheltered workshops for regular jobs. Regular jobs have to pay minimum wage. In Missouri, not very many people leave sheltered workshops for regular jobs.

In Missouri, the law says that sheltered workshops are supposed to help people “progress towards normal living.” Some people think this means sheltered workshops are supposed to teach people how to work at regular jobs.

Dan Gier is in charge of sheltered workshops in Missouri.

Gier says that he does not think sheltered workshops in Missouri are supposed to teach people how to work in regular jobs. He thinks that sheltered workshops are supposed to be a workplace for people who cannot learn how to work at regular jobs.

States have different rules about sheltered workshops.

Missouri is different from other states because it wants to keep sheltered workshops. Some states have passed laws that get rid of sheltered workshops. Some states passed laws to ban subminimum wages. This is because sheltered workshops are not doing what they are supposed to do.

Missouri passed a law to make sure that sheltered workshops can pay subminimum wages in Missouri.

State Senator Bill White helps make laws in Missouri. He does not think Missouri should get rid of sheltered workshops.

Senator White says, “This wonderful idea that we’re going to put everybody in the mainstream and everybody will be able to participate and function perfectly in this economy isn’t true. They’re just not as able to be as fast, as productive and as efficient.”

Senator White thinks that most people who work in sheltered workshops would not be good at regular jobs.

Some people think that Missouri should get rid of sheltered workshops. Some of the things people think about sheltered workshops are:

  • Sheltered workshops treat disabled adults differently than nondisabled adults.
  • Sheltered workshops keep disabled people separate from nondisabled adults.
  • Sheltered workshops make it so disabled people cannot be independent. People who work in sheltered workshops do not make enough money to live on their own. Disabled people who work in sheltered workshops need family support or payments from the government in order to live.

Judith Gross has helped disabled people learn about living on their own. This is what she said about disabled people who work at sheltered workshops. “They lose the opportunity to craft their own life. They will never have freedom of choice of recreation, nor where they live, nor how they make their money.”

Vermont was the first state to get rid of sheltered workshops. The last sheltered workshop in Vermont closed in 2002. Most of the people who worked in Vermont’s last sheltered workshop moved to working at regular jobs. Many people with intellectual disabilities in Vermont work at regular jobs.

Cheryl Bates-Harris helps stand up for the rights of disabled people. She says that many officials in Missouri do not want to ban sheltered workshops. Many officials in other states want to ban sheltered workshops.

Businesses have been allowed to pay disabled people a subminimum wage for a long time. In 1938, the United States government passed a law. This law let businesses pay disabled people a subminimum wage.

The government thought this was the only way some disabled people could get jobs. Businesses did not want to hire disabled people. Businesses wanted to pay disabled people less money than nondisabled people.

A lot of sheltered workshops opened in the 1950s, 1960s and 1970s. The United States government passed laws about sheltered workshops. The laws said that sheltered workshops were supposed to help disabled people learn job skills. These job skills were supposed to help disabled people work at regular jobs.

In 1965, Missouri passed a law that made it so many sheltered workshops could open. This is because families of disabled adults wanted sheltered workshops to open in Missouri. Families of disabled adults wanted their family members to work. Without sheltered workshops, many disabled adults could not get a job.

Missouri allowed sheltered workshops to pay disabled workers a subminimum wage. Missouri did not make sure that sheltered workshops taught job skills to help disabled people get regular jobs.

Almost half of people who work at sheltered workshops in Missouri have been working there for more than 10 years. This picture was taken by Arin Yoon. Arin Yoon is a photojournalist, special to ProPublica.

In Missouri, people who work in sheltered workshops do many different types of jobs. Some of the jobs people do are:

  • Packaging medical supplies.
  • Building parts for cars.
  • Sorting recycling.

Sheltered workshops make money when they sell what the workers make or do. Sheltered workshops also get money from the government.

Most people who work in sheltered workshops in Missouri earn less than $4 an hour. Some people earn less than $1 an hour.

Minimum wage in Missouri is $11.15 an hour. Almost nobody who works in a sheltered workshop in Missouri earns more than $11.15 an hour.

This information is from the United States Department of Labor. The United States Department of Labor has information about how much money people earn.

In sheltered workshops, workers make money based on how much work they can do in an hour. The sheltered workshops compare the amount of work a disabled person does in an hour to the amount of work a nondisabled person does in an hour. This is called a wage survey.

Kit Brewer is in charge of a sheltered workshop in St. Louis. He says that subminimum wages are a good thing for workers. He says that subminimum wages make it so that workers can work at their own speed.

Kit Brewer is in charge of Project CU sheltered workshop. This picture was taken by Arin Yoon. Arin Yoon is a photojournalist, special to ProPublica.

Other people believe that subminimum wages are unfair to disabled workers. Nondisabled workers do not have to do wage surveys. All nondisabled workers have to earn minimum wage.

Rick Glassman stands up for the rights of disabled people. He thinks that wage surveys are unfair. He thinks that they are biased against disabled people. This means that nondisabled people are treated better than disabled people.

State Representative Bridget Walsh Moore helps make laws in Missouri. She has a disability. She does not believe people should be paid less than others because of their disability. She does believe sheltered workshops should exist. She thinks sheltered workshops should be a choice for some disabled people.

The United States government makes some laws about sheltered workshops. The United States government wants states to have fewer sheltered workshops. The United States government has a law that helps people who work in sheltered workshops. This became a law in 2014. All states have to follow this law.

The law says that people who work at sheltered workshops have to go to career counseling. Career counseling helps people find jobs that they like. Career counseling can help disabled people learn about jobs that are not in sheltered workshops.

The law is supposed to make sure that disabled people have choices. The law makes sure that disabled people want to work in sheltered workshops. If disabled people do not want to work in sheltered workshops, career counseling can help them find other jobs.

Chaz Compton helps states follow the laws about sheltered workshops. He says that the laws are working in many places. In these places, fewer people earn a subminimum wage. Fewer businesses are paying a subminimum wage.

The law is not working as well in Missouri.

Every state has a Vocational Rehabilitation program. These help disabled people find jobs. Missouri Vocational Rehabilitation helps disabled people in Missouri find jobs. One of the ways people who work in sheltered workshops can get help from Missouri Vocational Rehabilitation is through the career counseling required by the new law.

Very few people who work in sheltered workshops in Missouri get help finding regular jobs from Missouri Vocational Rehabilitation.

In Missouri, the way people get career counseling is different from other states.

In Missouri’s career counseling, people who work in sheltered workshops are shown a video. Groups of people who work in sheltered workshops watch the video together. This is how people who work in sheltered workshops learn about their job choices.

In Minnesota, every person who works in a sheltered workshop meets with a career counselor. They meet with a career counselor by themselves.

Amy Bowen works at Missouri Vocational Rehabilitation. She says that Missouri is not going to change how disabled people see career counselors. She says that people who work at sheltered workshops want to keep working at sheltered workshops. She says that everyone is making an informed decision.

Some people in Missouri who work at sheltered workshops want more help finding a regular job. People who want help from Missouri Vocational Rehabilitation have trouble getting help.

Between 2017 and 2020, a lot of people who worked at sheltered workshops applied for help from Missouri Vocational Rehabilitation to find regular jobs. Missouri Vocational Rehabilitation denied the applications of a lot of people because state officials said their disabilities were too severe.

Missouri Vocational Rehabilitation did not help people get jobs if state officials said they had disabilities that were too severe.

Every state has a place where disabled people can get help finding jobs. These places are allowed to deny people who have disabilities that make them too hard to help. Missouri denied more applications because people had disabilities that made them too hard to help than any other state.

Chris Clause helps Missouri Vocational Rehabilitation. He does not know why Missouri Vocational Rehabilitation denies so many people.

Some people who worked in sheltered workshops did get help from Missouri Vocational Rehabilitation. Less than a third of these people found jobs outside of sheltered workshops.

The United States government gives states money for their sheltered workshops if they follow some rules. This money helps sheltered workshops stay open. Missouri does not let the United States government give this money to sheltered workshops in Missouri.

If Missouri got money from the United States government, it would have to follow some rules. One of these rules is that more people working at sheltered workshops would have to try to work at regular jobs. Some people say that Missouri does not want to follow these rules.

Sheltered workshops in other states get a lot of money from the United States government. They use some of this money to help people work at regular jobs.

Mallory McGowin works for the Missouri government. She says that the Missouri government is finding other ways to get money to help disabled adults.

Steven Schwartz stands up for the rights of disabled people. He says that Missouri should let the United States government give them money.

He says that Missouri could do a better job helping disabled adults with money from the United States government.

Many disabled adults and their families in Missouri like sheltered workshops. They believe that sheltered workshops are the only way that disabled adults can find a job. They do not want sheltered workshops to be banned in Missouri.

Many disabled adults and their families also support subminimum wages. This is because some disabled people get money from the government to help them live. If they make more than a subminimum wage, the government will not give them this money.

Susan Bianchi has a son who works at a sheltered workshop. She says, “Granted they don’t make as much money, but they are safe and they’re happy.”

Kerstie Bramlet works at a sheltered workshop. She says her sheltered workshop does things that other jobs do not do. Her sheltered workshop helps drive her to and from work.

Bramlet is taking a break from work because she has a medical issue. She wants to go back to working at her sheltered workshop as soon as she can. “It’s what’s best for me,” she says.

Judith Gross has helped disabled people learn about living on their own. She worked on a project where she taught disabled adults and their families about what types of jobs they can have. She says that a lot of families she taught liked sheltered workshops.

For disabled adults, getting help finding jobs is hard. Gross says that a lot of families do not know about all of their choices.

Gross says that it is hard for many people to change what they think about sheltered workshops. The people she taught did not know many people who moved from sheltered workshops to regular jobs. Because of this, many people think sheltered workshops are the best choice for them.

Sharrah Welch is 36 years old. She has attention-deficit/hyperactivity disorder, which is sometimes called ADHD. She also has fetal alcohol syndrome. She used to work at a sheltered workshop. Now she works at a regular job.

She works on machines at a broom factory. She says people can learn from her experience switching from a sheltered workshop to a regular job.

Welch worked at a sheltered workshop in Sedalia, Missouri, for more than 10 years. That sheltered workshop closed. Helpers at the sheltered workshop helped the workers find regular jobs.

Welch was nervous about switching from a sheltered workshop to a regular job. People helped her as she switched jobs. A job coach helped her learn how to do her new job. The support helped her do well at her new job.

Welch says, “It helped me a tremendous amount. It’s sad that in this world so many people put us down like, ‘Oh, they have a disability. They can’t do the job.’” She says the people who say that are wrong. “We can do it, just with some help.”

Sheltered workshop workers count, fold and package rags. Many of the workers earn less than the minimum wage. This picture was taken by Arin Yoon. Arin Yoon is a photojournalist, special to ProPublica.

Alex Mierjeski and Gabriel Sandoval contributed research. Hannah Fresques contributed data reporting. Maryam Jameel contributed reporting. Hallie Bernstein translated this story into plain language.

by Madison Hopkins, The Kansas City Beacon

What Will UnitedHealth’s New Trove of Claims Data Mean for Consumers?

2 years 5 months ago

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Update, Nov. 21, 2022: On Nov. 18, the Department of Justice and attorneys general for Minnesota and New York filed a notice in U.S. District Court for the District of Columbia stating that they will appeal Judge Carl Nichols’ decision to allow UnitedHealth Group to acquire Change Healthcare. A spokesperson for UnitedHealth said in a statement that the appeal is “entirely without merit” and that the company is “executing on our vision to achieve a simpler, more intelligent and adaptive health system for patients, payers and care providers.”

In early 2020, executives at health care behemoth UnitedHealth Group were considering a potential acquisition that could give them the ability to access and analyze a quarter of all medical insurance claims in the U.S. The prospective target, Change Healthcare, was a largely invisible but crucial part of the country’s claims-processing infrastructure — it functions as the pipes that carry insurance claims between health care providers and insurers — and its customers often gave it permission to use their data. What could UnitedHealth Group do with that river of information?

To help answer that question, UnitedHealth turned to McKinsey & Co. The consulting giant concluded that UnitedHealth could “utilize transactions intelligence” from Change’s claims data to “optimize benefit design” for UnitedHealthcare, UnitedHealth’s insurance subsidiary, according to a January 2020 presentation that was cited in a recent lawsuit. That could help UnitedHealthcare, already the biggest health insurer in the country, gain a further edge over its rivals by giving it access to some of the most crucial information in that business: claims data from rival insurers.

UnitedHealth’s deal team cited this type of data use when it presented the potential acquisition to the company’s then-CEO in April 2020. Change’s data could yield “improved medical policy and benefit design” for UnitedHealthcare, the deal team wrote in a subsequent memo. The data could also help UnitedHealthcare track the pricing of medical procedures and expand insurance underwriting. There was just one problem: Using Change’s data in some of these ways could raise “antitrust concerns,” according to an internal UnitedHealth document.

That observation was prophetic, and it would become public through an antitrust suit. UnitedHealth announced plans in January 2021 to buy Change for $13 billion. The press release announcing the deal predicted the merger would “enhance” the services offered by both companies “with insights drawn from billions of claims transactions.” The Department of Justice, along with attorneys general for Minnesota and New York, sued to block the transaction. The case went to trial this summer, and on Sept. 19, Judge Carl Nichols of the U.S. District Court for the District of Columbia decided the suit in UnitedHealth’s favor.

Unless the Justice Department decides to appeal — it faces a deadline of Friday — the judgment will shape the competitive landscape of the U.S. insurance industry and, according to the government, could raise costs for other health insurers in the future. Those price increases, presumably, would get passed on to consumers. But the trial itself turned on the very question examined by McKinsey (which didn’t respond to a request for comment): What might UnitedHealth do with Change’s data in the future?

Even after being presented with evidence that UnitedHealth had discussed using Change’s data to gain a competitive advantage, the judge accepted UnitedHealth’s claims that the company would never do such a thing. His 58-page opinion dismissed the McKinsey documents as “mere references to data and data rights” and concluded that UnitedHealth’s history of compliance with its own rules on maintaining data firewalls, along with the “convincing testimony from senior executives,” were persuasive. The evidence “does not reflect a single instance in which these firewalls have been breached,” the judge wrote after a two-week bench trial. Nichols found that, for the government’s claims to be true, UnitedHealth “would have to uproot its entire business strategy and corporate culture; intentionally violate or repeal long-standing firewall policies; flout existing contractual commitments; and sacrifice significant financial and reputational interests.” He concluded that the Justice Department had failed to show that UnitedHealth would “take such extreme actions.”

The judge’s opinion largely echoed the company’s positions. At trial, for example, UnitedHealth’s lead attorney criticized the Justice Department for failing to “identify a single instance” in which the company used competitors’ data to give its insurance subsidiary an edge. UnitedHealth asserted that it has a long history of abiding by strict firewalls that prevent unauthorized use of data, and CEO Andrew Witty testified that asking UnitedHealth’s data analytics unit, OptumInsight, to share information about insurance competitors with UnitedHealth’s insurance arm “would be against the tone, the culture, the rules, everything we stand for in the organization.”

For its part, the Justice Department pointed to internal company records like the McKinsey presentation and subsequent executive emails to cast doubt on such assertions. Another internal document appeared to downplay the significance of the firewalls between Optum and UnitedHealthcare. “We need to stop thinking that just because we need to have financial and data firewalls between Optum and UHC means we can’t show up together and harness the capabilities of both organizations together,” an unnamed senior executive wrote in a February 2021 memo. “We need to take a deep look at how success is defined for each operating unit.”

At trial, UnitedHealth denied that these documents revealed the company’s intentions and derided the Justice Department’s arguments as a “daisy chain of speculation.” The company, which declined to answer most of ProPublica’s questions on the record, has previously said that the merger will be “good for all participants in the health system, especially consumers” because it will help UnitedHealth “reduce the high costs and inefficiencies that plague the health system.”

Beyond the evidence considered at trial, it’s clear that data analytics are central to a sweeping vision laid out by Witty to place UnitedHealth at the center of almost any health care transaction in the U.S. Witty said at UnitedHealth’s annual investor conference last year that the company needs to “continue to appropriately understand the data we’re privileged to hold and make sure that we can connect people more effectively” to UnitedHealth’s products and services. That will depend on “fantastic internal collaboration” between its data analytics arm, Optum — the unit acquiring Change — and UnitedHealth’s insurance arm, UnitedHealthcare. The goal, Witty said, is to expand UnitedHealth’s customer base from 45 million to 330 million Americans. That’s basically everyone in the U.S.

Witty used the hypothetical example of an uninsured 28-year-old who goes online to buy Advil from UnitedHealth’s internet pharmacy and then ends up consulting a UnitedHealth doctor for knee pain, getting a UnitedHealth loan to get a knee replacement at a UnitedHealth surgery clinic and eventually buys health insurance from UnitedHealthcare. “And that’s really the future of the company,” Witty said.

An exhibit to the Justice Department’s complaint against UnitedHealth summarized how so-called electronic data interchange clearinghouses, such as one run by Change Healthcare, are at the center of processing health insurance claims.

There was another issue, unexplored at the trial, that seems relevant to Witty’s testimony about “the tone, the culture, the rules, everything we stand for in the organization”: His company’s lengthy history of questionable practices.

In recent years, for example, UnitedHealthcare has been accused of sweeping billing irregularities in Medicare Advantage plans. Last year, it was accused of extracting $3.7 billion from Medicare by manipulating beneficiaries’ health risk assessments, according to a September 2021 report published by the Department of Health and Human Services’ inspector general. (The report cited similar behavior among other insurers, but it found that one company “stood out from its peers”; the agency later identified UnitedHealthcare as that company. UnitedHealth asserted at the time that the report was “based on old data” and called it “inaccurate and misleading.”)

And in 2017, the Justice Department joined two whistleblower suits alleging that UnitedHealthcare knowingly ignored information about beneficiaries’ medical conditions to inflate payments it obtained from Medicare. The government alleged that UnitedHealthcare received at least $1 billion more than it should’ve received. One of the two cases is still in litigation; the other was dismissed in part because the alleged wrongdoing occurred too long ago. UnitedHealthcare denied wrongdoing in both cases.

UnitedHealth’s pharmacy services arm has faced similar complaints. In late October, OptumRx reached a $15 million settlement with Ohio’s attorney general for allegedly overcharging the state to provide prescription drugs to Ohio’s Bureau of Workers’ Compensation. (OptumRx admitted no wrongdoing in its settlement with Ohio, which is seeking similar recoveries from other companies.)

And more than a decade ago, UnitedHealth’s data practices ran afoul of authorities, who concluded the abuse led to higher prices for consumers. A 2008 investigation by New York’s attorney general found that UnitedHealth’s Optum data analytics arm, then known as Ingenix, let health insurance companies manipulate a database used to establish reimbursement rates for their members’ out-of-network medical expenses and that “UnitedHealth Group itself participated directly in the manipulation of the data.” A Senate investigative panel concluded in 2009 that Ingenix allowed insurers to scrub their data submissions to eliminate high charges, thus allowing them to reduce their payouts and shift the burden to customers. “The result of this practice is that American consumers have paid billions of dollars for health care services that their insurance companies should have paid,” according to a 2009 Senate staff report. UnitedHealth executives admitted in Senate testimony that the company’s ownership of Ingenix’s benchmarking database created a conflict of interest. They agreed to offload the data to an independent nonprofit as part of a settlement with New York.

Antitrust challenges tend to focus on narrow theories of potential competitive harm caused by a merger — like the assertion that UnitedHealth could use its new claims data to feed competitive intelligence to its insurance business. So prior history that doesn’t exactly match those theories tends to get left out of the litigation, according to Erin Fuse Brown, a professor of law at Georgia State University who specializes in health care law. Still, UnitedHealth’s history suggests “it’s clear that they are finding ways to use data to make money,” Fuse Brown said. That applies to the Change Healthcare deal, she said: “You have to wonder: What is the value proposition? Why is United spending so much money to buy this company?”

Wall Street seems to have viewed UnitedHealth’s recent ambitions through that prism. Since the merger was first announced on Jan. 6, 2021, UnitedHealth’s stock has far outpaced the broader stock market, rising 46% vs. 17% for the health care sector and 7% for the S&P 500. JPMorgan Chase analysts predicted in a research note that insights from Change’s data will benefit UnitedHealth’s insurance arm as well as Optum’s other customers. Analysts at Deutsche Bank were more sweeping. They called UnitedHealth’s courtroom victory a “positive leading indicator” for more consolidation in the health care sector, according to a September research note.

The Justice Department has no easy options after its courtroom defeat. Appealing the decision risks underscoring the extent of its defeat if the agency loses, though it would emphasize the Justice Department’s willingness to fight. Otherwise, the department may choose to save its powder for another battle. UnitedHealth finalized the acquisition of Change two weeks after the judge ruled in its favor, making the acquisition an accomplished fact and thus difficult to disassemble.

Mergers like UnitedHealth’s acquisition of Change are the toughest to tackle, even for a Justice Department that has become more willing to challenge mergers under its current antitrust chief, Jonathan Kanter. So-called vertical mergers — those involving companies with different roles in a production process — have long been the hardest to block. “There was a lack of case law and whatever case law existed wasn’t favorable,” said Thomas Greaney, visiting law professor at the University of California Hastings College of the Law. As a result, vertical merger challenges “became very difficult cases to win and hence the enforcers didn’t bring many of those cases,” said Greaney, who studies antitrust enforcement in the health care sector.

Antitrust enforcers at the Justice Department and the Federal Trade Commission have instead largely focused on so-called horizontal mergers, which involve direct competitors merging within the same industry. Such mergers have long been presumed to be anticompetitive when they involve two big competitors whose combined market share would be dominant. For that reason, antitrust officials have had success in challenging mergers of hospitals serving the same region. The Justice Department enjoyed a recent high-profile courtroom victory in blocking a proposed horizontal merger in the publishing sector between Penguin Random House and Simon & Schuster, and four other horizontal deals have been abandoned when the agency filed a complaint or on the eve of it filing an antitrust complaint.

Vertical mergers, which are becoming more common in the health care industry, are not treated by courts as presumptively anticompetitive. Courts are more skeptical of claims of competitive harm that might result from a hospital operator buying, say, a chain of physician practices. But evidence emerging from academic studies shows that vertical integration in health care can drive up prices for consumers as well.

Greaney said it will take time for courts to rethink their approach to vertical tie-ups like UnitedHealth and Change. How long? “It’s turning around the oil tanker in the ocean,” he said. “You give the command, but it takes quite a while to move the law.”

Disclosure: McKinsey is a sponsor of ProPublica events.

Mariam Elba contributed research.

Cezary Podkul

The Landlord & the Tenant

2 years 5 months ago

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1. April 11, 2013, 5:19 p.m. • 7750 West Hicks Street, West Allis, Wisconsin

In West Allis, a Milwaukee suburb once dominated by a factory that long ago manufactured steam engines, ore crushers and kilns, a man living on West Hicks Street opens his back door to let the dog out and sees smoke.

It’s coming from the house next door, from the roof. He calls 911. “Seven, seven, five, zero,” he says. “The house is on fire.” He doesn’t see flames. But the smoke keeps pouring. Sunset is more than two hours away, but the smoke gets so thick it darkens the sky. It’s cold and wet. In the mud, in the side yard of the smoking house, there are two toy trucks and a stuffed animal.

Engine 1 and Engine 2 arrive within seconds of each other, then Engine 3.

7750 West Hicks Street, West Allis, Wisconsin (West Allis Police Department)

There are two stories to the house. The top story is covered in stucco, the bottom in brick veneer. Angelica Belen lives in the house with her four children, the oldest 5, the youngest a toddler. In between are twin boys, 4 years old, one with cerebral palsy, the other with autism and epilepsy. Belen is 24. She’s a renter. The landlord, when she moved in, was Todd Brunner. Known around Milwaukee as the foreclosure king, Brunner collects properties others have lost to banks. He’s a familiar figure to building-code inspectors for his long list of violations.

Neighbors gather, drawn by the smoke and sirens. A battalion chief, the commander on scene, sees people watching from a nearby porch. He yells to them, asking if anyone is inside the smoking house. Their car is gone, no one is home, a man answers. The chief returns to his command car, gets on the radio and gives the all clear. The house is vacant, he says.

When firefighters go in, the smoke layer is so thick they can hardly make out anything. On the ground floor, in the kitchen, they see the fire. Flames roll across the ceiling, burning a hole 2 feet wide.

Embers from a bedroom above fall into the kitchen sink.

2. August 26, 1977 • Milwaukee, Wisconsin

Todd Brunner is only 20 when, in the summer of 1977, he buys an old duplex on Milwaukee’s south side. He purchases the house with Glen Guldan, a friend from high school. A bank gives them a $24,000 loan.

For Brunner and Guldan, the house is an investment. The two young landlords are from the suburb of New Berlin, where the residents, to quote one magazine, are “remnants of Milwaukee’s white flight in the 1960s and ’70s or descendants of local farming families.”

Todd Brunner's senior yearbook photo, 1975; Brunner, top right, was a star on his high school football team. (New Berlin Eisenhower High School Yearbook)

At New Berlin Eisenhower High School, Brunner had been a football star, defensive tackle on a team that went undefeated his junior year, giving up fewer than 100 yards a game. Pat Raebel, nose tackle, played right next to Brunner. He remembers Brunner’s dad, proud of his son, coming to every game. (Brunner’s dad died a few years later in his 40s.) Brunner was popular, teammates recall. A nice guy. Into fast cars. His junior year, he was on prom court. Brunner’s senior year, students elect him a class officer. He leads the team in tackles. He’s all-conference. He’s honorable mention all-state. He’s the defensive line’s biggest player. One newspaper story pegs him at 6’6”, 245.

Brunner gets a scholarship to play football at Northern Illinois University. But the university has no record of him ever attending.

Before Brunner and Guldan turn 21, they go in on another nearby duplex. Then they keep going. Together they will buy more than a dozen properties, collecting more than $100,000 a year in rent.

3. December 16, 1985, 8:45 p.m. • Milwaukee

In an apartment on Milwaukee’s south side, two girls, both toddlers, sit in their cribs, crying. One is naked, the other in a dirty diaper. They’ve been crying for much of the night.

Police arrive to find the door open and no adult anywhere. The house is filthy, the smell of urine and feces in the children’s bedroom so overpowering an officer holds his breath. Neighbors tell police the children’s mother, 20-year-old Dawn Sosa, left the day before and hasn’t returned. She often leaves her kids alone, the neighbors say. In the cupboards and refrigerator, police find little other than juice, cake and canned corn.

Nobody can say where Sosa went. Her husband, the children’s father, moved out earlier in the year.

Two days later, Sosa returns from a bar. She had gone to watch her boyfriend play in a band and didn’t come home because “it was too dark, too cold and too late,” she tells police. A friend was supposed to be watching the girls, she says.

Sosa is arrested and charged with child neglect. But ultimately, she gets to keep her kids. In 1987, she has a third daughter. Then, on May 20, 1988, at Sinai Samaritan Medical Center, Sosa gives birth to a fourth, a girl with both Puerto Rican and Menominee Indian ancestry.

Sosa names her Angelica.

4. January 16, 1992 • Milwaukee

Police detectives get called on a winter afternoon to investigate the death of a child who has been beaten and starved.

The child’s name is Marisol. She is Dawn Sosa’s daughter and Angelica’s younger sister. Marisol was 17 months old.

An autopsy reveals four broken ribs, a broken leg, a bruised jaw and bleeding in the brain. Marisol weighs 9.8 pounds. Asked if he’s ever seen a baby this malnourished, the pathologist says, “I have not.”

Prosecutors charge Sosa and her boyfriend, Ramon Velez. The story is all over the news. Velez tells police he hit Marisol two or three times a day. His reason, a police report says, was “Marisol had a mouth on her and would cry a lot.”

Angelica, now 3 years old, is the middle child of Sosa’s seven daughters. After Angelica came Rosalie, then Marisol. Those three sisters had the same father, a man their mom had left for Velez.

Angelica and Rosalie with their mother, Dawn Sosa (Courtesy of Rosalie Breckenridge)

Sosa’s oldest daughter, 8, testifies at Velez’s trial. She says her mom slapped Marisol when she wouldn’t walk right. She says Velez took Marisol by the neck and slammed her against a wall. “Almost every day,” she says. Velez also brutalized Angelica and Rosalie, she says. When they sucked their thumb, “he would take a bottle of hot sauce and put it in their mouth.”

Velez is convicted of reckless homicide and gets 15 years.

Sosa pleads guilty to child neglect, resulting in death. When her sentencing comes, new horrors emerge, as details of her own childhood come before the court.

When Sosa was little, her mother hit her and her sisters with extension cords or whatever was handy. “The girls were locked in their room for days at a time,” a social worker’s report says. Food was slipped through the door. The girls peed in their boots. Sosa went into foster care, then, as an adult, had relationships with men who beat her. It is not uncommon, the social worker writes, for childhood abuse victims to partner with abusers, “and thus the cycle continues.”

The social worker advises against incarcerating Sosa, writing, “Up to this point, her life has been nothing but a prison.”

The prosecutor is Mark Williams, an assistant district attorney in his late 30s who handles only homicides. “To find justice for the families of homicide victims is the purest kind of law you can practice,” Williams will say. In Sosa’s case, Williams tells the judge: There’s “got to be incarceration.” How a mother could do this to her child, “I don’t understand it,” he says.

The judge tells Sosa: “You came from a terrible background. I feel for you.” Then he says: “Your mother was mentally ill. Are you mentally ill? I don’t think so. You are weak.”

The judge sentences Sosa to eight years.

After Marisol’s death, a psychologist evaluates Angelica. Angelica tells him that her mom and Velez both hit her with shoes and sticks. Angelica is “affiliative and dependent,” traumatized and anxious, the psychologist writes. “She chose to stand very close to examiner during much of the formal psychometrics.”

Like her mother before her, Angelica enters foster care. She and Rosalie stay together while the other sisters go elsewhere. At Sosa’s sentencing, a lawyer sounds a note of optimism about the girls’ future, now in the hands of the state. She says foster parents can undo any damage done and ensure “we don’t end up” in another courtroom in years to come, dealing with another generation of child abuse or neglect.

5. May 11, 1992 • Milwaukee

In Milwaukee County Circuit Court, Glen Guldan files a breach-of-contract lawsuit against Todd Brunner, and, in the spring of 1992, Guldan prevails. A judge orders Brunner to pay about $11,000. The two men’s friendship, and business partnership, is through.

Brunner is 35, married, with two kids, the youngest, a son, about to turn 2.

The men’s parting is remembered differently, depending on who’s remembering.

Rebecca Harms, who was Guldan’s wife, says when the partnership unraveled, Brunner would call their home at 2 a.m., screaming and threatening to kill Guldan. “We got an alarm system installed in our house, we changed our phone number, and my husband got a gun from a friend,” Harms says.

By this time, Guldan is fighting mouth cancer. Brunner makes an awful time even worse, Harms says. Guldan would go on to have 20 surgeries before dying at 44.

“Absolutely never happened,” Brunner will write later of threatening Guldan. They’d been best friends, according to Brunner. Once, while making a wine rack for Guldan, Brunner cut off four fingers; doctors reattached two, he says. They were both Type A personalities, with strong opinions, and when Guldan wanted to build a budget movie theater in a Milwaukee suburb, “I strongly disagreed so we went our own ways,” Brunner writes.

On the same day that the judgment is entered in favor of Guldan, Brunner declares bankruptcy in federal court in Milwaukee, using Chapter 13, a way to preserve property while slow-paying creditors. Bankruptcy can be seen as failure. Or it can be seen as a fresh start. Brunner sees it as part of being a self-made man. He will say, in years to come, “Every self-made man has filed bankruptcy at least three times in his life.”

6. August 13, 1993 • Milwaukee

As young children, Angelica and Rosalie move through foster homes. In one, they go to church. Angelica absorbs the stories. She finds solace in scripture’s description of a loving Father. She finds comfort in prayer. But not just the typical childlike petitions said before bed. For Angelica, faith becomes a lifeline.

In August of 1993, when Angelica is 5 and Rosalie 4, the girls are placed with two women, a mother and daughter. The girls call them Mom and Grandma. Mom works in a factory, second shift. Grandma is often gone.

Angelica and Rosalie on their first day in a new foster home in 1993 (Courtesy of Rosalie Breckenridge)

And for Angelica and Rosalie, there is freedom — safety, even — in being left alone. Angelica walks to kindergarten, then walks home to find Rosalie in the basement or their bedroom, playing by herself. They make peanut butter and jelly sandwiches. They drink Kool-Aid. In the summers, they get up when they want and leave the house when they want. They can play outside, do whatever. This lasts for three years, and for Angelica, these will be the best three years of her childhood.

“I did not feel neglected, or scared, or any of that,” she will write. “It was just that we had no adult supervision.”

7. September 1996 • Waukesha, Wisconsin

Rosalie and Angelica walk into a beautiful house in Waukesha, a suburb west of Milwaukee. They’re 7 and 8. Their new foster parents tell the girls they can pick bedrooms. Each has a large bed with a floral print comforter, perfume on the dressers, and closets full of clothes and shoes. The rooms feel fit for princesses.

It is an inviting house, at first. And it’s a door to a different world — seats at “The Nutcracker,” insistence on proper enunciation. The girls stay up late, memorizing vocabulary. Angelica reads books usually assigned in middle school or high school. She’s reading Dickens and Twain.

But years later, when interviewed separately, Rosalie and Angelica will both describe another side to this home. If the girls don’t finish the milk in their cereal, the foster mom forces them to drink glass after glass until they are sick, they both say. When the girls complain of “starving” after a day of errands, the foster mom force-feeds them pancakes, saying, “You don’t know what starving is.” Sometimes, the foster parents pull the girls’ hair. Sometimes they force the girls to kneel, for hours, on gravel or stand on one leg, with arms out to the side, hangers on their wrists. If their arms drop and the hangers fall, they are further punished.

One night, Rosalie watches as the foster dad slams Angelica’s head against a wall, both sisters will later recall.

In Milwaukee County there is a Children’s Court file, with three manila folders, in which the girls’ whereabouts and well-being were charted. In these records, there’s no mention of abuse. Social workers often employ boilerplate language. “Angelica is a very energetic 8-year-old child who loves attention. She is extremely friendly and charming.” And the next year: “Angelica is a very energetic 9-year-old child who loves attention. She is extremely friendly and charming.”

Eventually, social workers note behavioral issues. Angelica “is angry, lashing out, tantruming and refusing to get dressed,” a report says. Sometimes she kicks Rosalie. To Rosalie, Angelica was like a cornered dog. “She was fight and I was flight,” Rosalie says years later. A caseworker writes that the foster parents have warned Angelica they won’t keep her if she doesn’t improve: “Angelica understands this and is really trying to be better.”

On January 16, 1998, an emergency order is issued to remove the girls from this home. The court record doesn’t explain why. All it offers is one sentence with a misspelled word: “Pre-adoptive placement has disrutived.” Years later, an aunt will write to a judge: “I knew things were not right in that home. I told the social workers and eventually they found out that Angelica and her sister suffered horrible abuse in that home.”

(A Journal Sentinel reporter recently interviewed this foster dad. He denied they abused the girls. Sometimes if the girls were lying or acting up, they’d have them kneel and face a wall for 10 or 15 minutes, he said. The agency took Angelica and Rosalie, concluding the placement wasn’t a good fit, he said.)

When Angelica is 10, she returns to the foster home of the two women she used to call Mom and Grandma. But things are not as before. They don’t want Angelica but must take her to keep Rosalie, they tell her. “I was told on a daily basis that I was unwanted, worthless, and stupid,” Angelica will later write.

This family adopts the girls when Angelica is 11. The two women’s home will provide Angelica a “safe, stable and nurturing environment,” a caseworker writes. This is where the family court file ends.

Rosalie and Angelica both say later that the two women tormented Angelica; they isolated her, and the woman they called Mom punched and kicked her. She takes Angelica to psychiatrists, who prescribe a litany of powerful antipsychotics and other medications including lithium, Depakote, Zyprexa, Neurontin, Lamictal and Wellbutrin.

8. February 23, 2002, 1:48 a.m. • Pewaukee, Wisconsin

A police sergeant in Pewaukee, a Milwaukee suburb that boasts of country living with a big lake for boating and fishing, gets dispatched to the parking lot of a McDonald’s. It’s close to 2 in the morning. The sergeant sees a car, a maroon Cadillac Escalade — it’s new, it’s a 2002 — parked near the drive-through, headlights burning, engine running, with a vanity license plate, “LANDLD.”

The driver is asleep.

The sergeant wakes him up and smells alcohol. The driver is Todd Brunner. The sergeant asks Brunner to recite the alphabet. Brunner stops after “E,” saying he can go no further, because his throat is dry. He blows a .14, well above the legal limit. A subsequent blood test comes back even higher.

Brunner is charged with driving drunk, something he’s been convicted of twice before. His first two convictions were in 1989 and 1993. In between those convictions he was charged with driving on a suspended or revoked license (third offense) and driving without a valid license (second offense).

Brunner pleads guilty, and prosecutors recommend a jail sentence of 120 days.

Todd Brunner

Brunner’s lawyer writes the judge, saying Brunner “is basically a hardworking man who was in the wrong place at the wrong time.” Of Brunner’s prior convictions, the lawyer writes, “Drank a bit too much in an isolated incident, made a bad decision to drive and got caught.”

In the fall of 2003, the judge sentences Brunner to 35 days.

After Brunner serves 17 days, his wife writes the judge, asking that Brunner be allowed to serve his remaining time at home on electronic monitoring. She says he hurt his back and can’t sleep on the jail bunk and that without sleep he can’t run his business and that if he can’t run his business all his employees will lose their livelihoods.

In the court file for this case, a handwritten note in the margins of her letter says “denied without medical verification,” after which medical verification was provided, with a doctor writing the judge about Brunner’s aching back.

The jail no longer has records showing when Brunner was actually released. Brunner will later write that the jail was overcrowded and he was too big for the jail’s beds. The best he can remember, “I was released for good behavior.”

9. June 17, 2003 • West Allis

The house at 7750 West Hicks Street in West Allis, built in 1893, uses balloon framing, with long, wooden studs stretching from basement to roof. That style of construction saved money and time but introduced danger. If a fire broke out, those unbroken studs could become a highway for flames.

Todd Brunner buys this home, with three upstairs bedrooms and a steep, gable roof, in the spring of 2003. The purchase price is $50,507. He later bundles it with 10 other properties to get a $1.1 million loan from Tri City National Bank.

For Brunner, the West Allis house becomes part of a growing enterprise. In Milwaukee alone, he buys at least 65 properties from 2002 to 2005, many on the city’s economically distressed north side. He scoops up a Cape Cod on North 38th, a duplex on North 58th, a ranch on North 72nd. At sheriff’s sales, where foreclosed properties go up for auction, he’s such a fixture he has his own desk.

Brunner’s name is all over property records. It’s all over court records, too. He constantly sues, and he is constantly being sued. Court records turn up disputes with contractors, creditors, debtors, tenants, banks, utilities, code enforcers and tax collectors. He feuds with neighbors and with business associates and with business associates who once were neighbors.

In court, he wins some, he loses some. He’ll later say a lot of this litigation stems from tenants who don’t pay their rent or from properties he buys in poor condition, not up to code. “I was proud of the work we did on these properties,” he’ll write. With a crew that grew as big as 30, “we usually completely rehabbed them turning them from the worst to the best properties in the area.”

Todd Brunner’s home in Pewaukee, photographed years later (Mike De Sisti/Milwaukee Journal Sentinel)

Brunner lives in Pewaukee, in a sprawling, serpentine house on two acres near the lake. In 2004, a neighbor accuses Brunner of harassment. Home surveillance video captured Brunner, in a Cadillac Escalade, pulling up to the neighbor’s home and yelling: “Cocksucker. Fucking piece of shit. Fuck. Come out here. I will kick your fucking ass.” At a court hearing, the neighbor testifies that Brunner has also pulled up on other occasions and revved his engine: “He sits out in front of the house, honking, roaring.”

A judge orders Brunner to stay away from the neighbor. Months later, according to a police report, the neighbor hears a vehicle outside his house, idling. He sees Brunner on an ATV. “Take a picture, motherfucker,” Brunner says, before driving off. Charged with violating the anti-harassment order, Brunner ends up being convicted of disorderly conduct and pays a $181 fine.

Years later, Brunner goes at it with a different neighbor. He pulls up to the neighbor’s house and yells at the family to “get off his land,” according to a police report. He says, “You want a piece of me?” A deputy writes in his report, “It should be noted, Todd is a very large man approximately 400 pounds.” Brunner subsequently appears in the neighbor’s driveway with a tape measure. “For some reason,” a deputy writes, “Brunner believes the asphalted driveway … is now his property.”

10. June 7, 2007 • Milwaukee

Doctors tell Angelica Belen that her first child will be a boy. So the arrival of a girl, when Belen is 19, leaves her with no name prepared. A day later she’s doing the word search puzzle and spies, between the circled words, four letters, N-A-Y-A.

Naya will be her name, Angelica says. No, make it Nayeli, the father says. Because it means “I love you” in the language of the Zapotecs, an indigenous population from southern Mexico.

As Naya grows, her mother sees that she is smart, charismatic, funny, kind, “a bit sassy, and very easily distracted.” Naya walks early, talks early, reads early. When she’s 2, she trick-or-treats as a Spanish dancer in a red dress. She loves cute shoes, big bows in her hair and lip gloss. And she loves ballet. She idolizes Misty Copeland, a Black ballerina. Her favorite singers are Rihanna and Beyonce. They are brown like her, and true to the title of Beyonce’s smash album, they are “fierce.” That word is Naya’s “every aspiration,” Belen later writes. Naya will say, “Mom, I just need to be fierce, I am fierce, I need to look fierce.”

In 2008, when Belen is 20, she has twin boys, born premature.

Adrian, 3 pounds, 12 ounces at birth, has epilepsy and autism. He gets medication for seizures, and as he grows, he is quiet, gentle and sweet. He loves wearing his Batman costume. His favorite song is “Bohemian Rhapsody.” He keeps pennies in his pocket and helps his mom around the house, putting dishes in the sink. His mom will give him rubber bands and paper clips, and he will make an airplane. On a trip to Famous Footwear, he goes to a bin and starts sorting, white socks here, black socks there.

Alexis, or Alex for short, is even smaller at birth: 3 pounds, 7 ounces. He has cerebral palsy. He gets physical therapy and speech therapy. When he crawls at 15 months, his mom claps; when he pulls himself up at 19 months, she cheers; when he walks at 22 months, she cries. His mom calls Alex her “little spitfire.” If there’s trouble to be had — say, smearing grape jelly and mustard everywhere — Alex is the one to start it, while Adrian tags along. Alex’s favorite movie is “The Avengers.” He likes to sit in his mom’s lap, and if she cries, he strokes her face.

Angelica Belen with her twin sons and Naya (Courtesy of Rosalie Breckenridge)

Naya is close to her brothers. She goes along on their visits to therapists and doctors. Belen teaches Naya to protect her brothers. After Belen burns cookies and a smoke alarm goes off, she instructs Naya on fire safety, saying, try to find a safe way out, and if you can’t, put a towel under the door to block the smoke and throw toys out a window and scream, so someone can hear.

11. August 15, 2010 • West Allis

In the summer of 2010, Todd Brunner sells the house on West Hicks Street in West Allis. Only it’s not really a sale, because no money is exchanged. As Brunner will later admit in court papers, he’s trying to shield this house — and many others — from creditors.

Brunner creates three shell companies, in which he hides real estate, cars and boats. He doesn’t exactly cover his tracks; they’re organized under the name of his son, Shawn. Shawn is in college. He’s 20. He’s on Facebook posting “eat pray blowjob” and “getting white boy wasted tomorrow?!?”

When Shawn was 17, he was charged with a felony for throwing fireworks at a passing train, causing temporary hearing loss for an engineer leaning out a window. He pleaded guilty to a misdemeanor and paid a $325 fine. When Shawn turned 18, his dad, as a birthday present, gave him $100,000 to invest in real estate.

12. June 5, 2011 • Milwaukee

Todd Brunner files for bankruptcy, again, declaring, in court records, that he owes more than $18 million to creditors listed across 60-plus pages.

He owes taxes to 29 municipalities, from Brookfield to West Allis. At least nine banks hold mortgages. He owes First Business Bank $2.2 million for a construction loan for a failed venture to build an assisted-living center for seniors. He has unpaid court fines and condominium dues; outstanding debts to suppliers and lawyers; and credit card balances ranging from $350 to $92,000.

He lists 218 properties he owns in Wisconsin. They include many rentals, with paying tenants, but even so, Brunner lists, as his monthly income, “$0.00.”

The bankruptcy records include Brunner’s personal possessions, revealing an attraction for what he later calls “some cool toys.” He owns a 1918 Rauch & Lang electric car; a 1937 Ford Coupe; a 1959 Jaguar; a 1984 Rolls Royce; and a 2006 Bentley worth $70,000. He also owns a Harley-Davidson motorcycle, an ATV and at least eight trucks.

Brunner’s flashy collection doesn’t sit well with some creditors. “A guy doesn’t usually come out here in a Bentley to tell you he can’t pay you 1,900 bucks,” the president of a window-and-door dealer tells the Journal Sentinel. Brunner’s boats include a 30-foot catamaran that, he writes, reaches 134 mph and consumes 136 gallons of fuel an hour, wide-open throttle. He also owns a 37-foot cigarette boat, worth $80,000, named El Diablo.

Kerry Kneser, a former football teammate of Brunner’s, remembers working at a bank in Pewaukee and seeing Brunner pull up, in a Bentley, and park in a no-parking zone. “At that point he had an attitude, I can do whatever I want.”

​​Dennis Witthun Jr., a former business partner of Brunner’s, says Brunner wore a gold necklace with diamond-encrusted propellers. Brunner, Witthun says, “was a good actor.” Witthun says he once went with Brunner to meet with bank officials to seek relief with a big loan. In the meeting, Brunner cried with “actual tears,” Witthun says. Then outside the bank Brunner stopped crying and said to Witthun, “How was that?”

(“Never happened/ A total lie,” Brunner later writes to a reporter when asked about this.)

One week after Brunner files for bankruptcy, a sheriff’s deputy finds two of Brunner’s employees on railroad property, according to police records. The two say they were digging a channel under the tracks to run electricity from one of Brunner’s rental properties to his boat lifts on Pewaukee Lake.

Brunner tells deputies he did indeed order this work. He says he doesn’t have a permit “but would pull one with the City of Pewaukee during the week,” according to a deputy’s report. A couple of trains get delayed while the track is inspected for possible damage to the railroad bed. The railroad fills the hole — 3 feet long, 1 foot wide — and Brunner’s employees get charged with, and convicted of, trespassing.

(Brunner himself wasn’t charged, based on what these records show. Asked recently about this incident, Brunner wrote: “I never said I would get a permit because I didn’t think I needed one. We were just driving a 1’ pipe underneath the railroad tracks, that never hurt anything and we were only copying what other neighbors had done years earlier. I paid for the tickets my people got.”)

13. June 14, 2011 • 7750 West Hicks Street, West Allis

The West Allis code inspector who shows up at 7750 West Hicks Street doesn’t go inside. On this spring day in 2011, he inspects only the house’s exterior, checking for violations.

Milwaukee, 6 miles east, has a program at this time requiring interior inspections of rental units in particularly distressed neighborhoods. Its program recognizes that if a renter notifies the city of some problem — say, failing pipes or faulty wiring — an upset landlord could respond by filing to evict. Milwaukee strives to catch dangerous conditions without exposing renters to retaliation.

West Allis has no such program. Its inspector sees what he can from the outside, and at 7750 West Hicks, he sees five violations, including weeds, a boarded-up window, scattered junk, and wood in need of paint.

The remaining violation falls under the city’s electrical code. But the inspector’s written notes offer only six words of description: “two outlets east side of house.”

On June 14, the inspector sends a “notice,” directing the landlord, Todd Brunner, to fix the violations by June 30.

On July 20, the inspector returns and sees the same violations. He sends an “order,” demanding Brunner fix them by August 20.

On August 22, the inspector sees that three violations remain, including the problem outlets. He sends a “second order,” demanding Brunner fix them by September 22.

14. August 31, 2011 • Milwaukee

Angelica Belen didn’t plan for another child, but her IUD fails. She’s 23 when her fourth child is born, and her fourth child, like her second and third, is born premature. Born at 28 weeks, he has a breathing disorder; he needs a nebulizer three times a day, an inhaler twice a day. She carries him constantly, afraid he’ll have an asthma attack.

When Belen first met the boy’s father, he seemed caring and helpful. He went to the kids’ doctor’s appointments and sat and played with them. “More than anything else that’s what drew me into him,” she’ll write years later. But a few months after their child’s birth, he hits Belen in the face, bloodying her nose, then grabs and shakes her head, according to a criminal complaint. He gets convicted of disorderly conduct and is ordered to stay away from Belen.

For Belen, this is history repeating. The twins’ father had also been a good father at first. Then, she says, he became violent and lapsed into drugs, and she knew she had to leave him.

In the spring of 2012, Belen gets evicted from her home in Oak Creek, south of Milwaukee. It’s her second eviction, the kind of history that will make it hard to find a new place. The man who served the eviction papers sees three children outside, unattended, near a busy intersection, two in diapers so soiled they hang to the knees.

Belen gets a job at a thrift shop but loses it for missing too many days taking care of her kids.

Naya with her twin brothers (Courtesy of Rosalie Breckenridge)

She enrolls Naya in Saint Lucas, a Lutheran school in Milwaukee, even though it will require her to drive Naya back and forth every day. On days when Belen’s minivan breaks down, she takes her by city bus. A fellow mom writes of seeing Belen arrive one winter day, “her baby strapped to her chest and one boy in each hand,” out of breath, having walked a half-mile from the bus stop through snow. Robert Gurgel, the parish pastor, notices Belen in the pews at church. “I thought who is this woman with these well-groomed, well-mannered children,” Gurgel will later say. “I wondered what her story was.”

Belen makes beautiful dresses for Naya, and she makes it to school events, like Pastries with Parents, and she volunteers to help clean the school on weekends.

15. January 3, 2012 • Milwaukee

The way Todd Brunner divulges information in his latest bankruptcy declaration, dribbling it out, angers creditors and the U.S. trustee, who monitors cases and enforces bankruptcy laws. Asked in a hearing where he got the information needed to fill out the voluminous bankruptcy forms, Brunner says, “Out of my head.” As creditors and the trustee keep digging, he keeps revealing more assets, including a backhoe, a forklift, boat propellers, five guns and four pieces of real estate in Bend, Oregon.

In January 2012, the trustee asks that Brunner’s request for bankruptcy protection be denied. “A core purpose of the Bankruptcy Code is to provide a fresh start for honest debtors,” the trustee’s motion says. “It is not a safe haven for fraud or deception.”

Brunner accused a former secretary of throwing all his records in a snowbank. (“Not truthful,” the trustee’s motion says.) Brunner transferred properties into shell companies when in financial trouble — a “badge of fraud,” the motion says. He then moved many of them back, including the house in West Allis. He didn’t disclose his income to the bankruptcy court; he hasn’t filed federal tax returns for two years running; and he declared assorted assets only after creditors asked about them, the motion says. The trustee likens Brunner’s actions to “a game of ‘cat and mouse.’”

In April 2012, the bankruptcy judge tosses Brunner’s bankruptcy request out of court. Brunner, the judge says, blamed his poor record-keeping on a former record-keeper, his property transfers on bad advice from a former lawyer, and his poor property management on a property-management company. “You have a propensity to blame others,” the judge tells Brunner. “And you seem to be portraying yourself as an innocent victim, and I’m not persuaded by that at all.”

Instead of getting protection from creditors, Brunner’s now in trouble with law enforcement. In June, an assistant U.S. attorney emails federal and local authorities about what she calls Brunner’s “multi-faceted fraud activity.” At least three Milwaukee police detectives work with federal agents; their emails back and forth reveal an investigation that keeps expanding. Subpoenas go out to banks, title insurers, property managers. Investigators collect rent ledgers, loan applications, balance sheets. They interview Brunner’s business partners, tenants and at least two of his former lawyers.

Banks swoop in to collect. In October 2012, Brunner, questioned under oath by one bank’s lawyer, says, “This is just a witch hunt.” He says, “I wasn’t meaning to defraud anybody.” He says, “If you think I got a big bag of money somewhere, you’re wrong.” Some questions, he just won’t answer. He refers to getting a high-interest loan but treats the loan’s source as a secret.

“I borrowed it from an attorney. He makes loans.”

“And who is that attorney?”

“He doesn’t want his name out there.”

“So you’re willing not to answer this question under oath to protect the attorney?”

“I’m done with this right now. What else do you want?”

Two days later, the FBI raids Brunner’s home, seizing computers and paperwork. Separately, the FBI finds, in a warehouse, expensive engines, superchargers and gauges that had been stripped from El Diablo, Brunner’s cigarette boat.

16. March 9, 2012 • Brookfield, Wisconsin

A fire starts in the garage of a rental house on Ridgeview Drive in the Milwaukee suburb of Brookfield, and the fire spreads to the house, but thanks to a barking dog, the two people sleeping inside on this Friday morning are alerted to the blaze and able to get out.

Crews from fire departments around Milwaukee respond to the fire, which causes about $150,000 worth of damage. Firefighters fill out a form for the fire, and in the section titled “Ignition,” in the subsection for “Heat source,” the author types, “Electrical arcing.”

The rental home’s owner is Todd Brunner.

In nearby Milwaukee, firefighters are accustomed to getting called to Brunner’s rental properties.

In December of 2009, they get called to a house of Brunner’s on North 41st Street. The incident report says “bad outlet.” Firefighters shut off power to the outlet and advise the tenant to call an electrician.

In May of 2010, firefighters get called to a house of Brunner’s on North 28th Street. The incident report says the woman living there “witnessed sparks coming from electric outlet.” Firefighters shut off power to the kitchen, the room with the sparking outlet, and advise her to call an electrician.

In July of 2012, firefighters go to a house of Brunner’s on North 65th Street. The incident report says “OUTLET SPARKING.” Firefighters shut down the circuit and advise: “contact landlord.”

17. July 18, 2012 • 7750 West Hicks Street, West Allis

Knowing nothing about the house’s landlord, Todd Brunner, Angelica Belen signs a lease and moves with her four kids into 7750 West Hicks Street in West Allis. For weeks, Belen’s family had been sleeping in her minivan or at a relative’s house or in a shelter. Now, with the help of government assistance for her children with disabilities, she can rent this house — a big house — for $825 a month. “This place looked like a dream come true,” she’ll write later.

In the kitchen, one light flickers. A friend tightens the bulb, but still, Belen needs to flip the switch several times to turn the light on. The light above the kitchen sink is worse. The first time she turns it on, two bulbs blow. She replaces them and tries again, but those bulbs blow as well, leading her to give up. She tells the property manager about the problems with the lighting, but nobody comes to fix whatever is wrong, Belen will say later. Belen considers calling the city but chooses not to, fearing her landlord will kick her out.

Thelma Nash, who rented the house before Belen, says the wiring throughout was “a mess.” “The lights were going on and off all the time,” Nash says. “I thought there were ghosts in there.” She complained to property managers but got no response, she says. She never saw an electrician make repairs.

A month or so after moving out, Nash meets Belen while returning to pick up mail. Nash asks if the electrical wiring has been fixed, and when Belen says no, Nash tells her, “Baby, they shouldn’t have let you move in.”

There is so much about the house Belen doesn’t know. She doesn’t know about the code inspector who has flagged two exterior outlets. She doesn’t know what the wiring looks like in the basement, because she doesn’t go down there. Basements give her the creeps; plus, a property manager told her the floor had been torn up. And she doesn’t know the house’s history.

In the summer of 1978, decades before Brunner became owner, the house caught fire. As smoke poured from the eaves and windows, firefighters found, in an upstairs bedroom, a teenager. She wasn’t breathing. She had no pulse. Firefighters carried her outside and resuscitated her.

The fire department classified the fire’s cause as electrical. A TV overheated, the battalion chief wrote. A captain, in a report now preserved on microfilm, requested an electrical inspection of the house by the city’s Fire Prevention Bureau. He wrote, “Various electrical code violations were noted in the building while overhauling — especially the basement.”

18. December 31, 2012 • West Allis

On the final day of 2012, a year and a half after the code inspector first flagged the problem outlets, the city’s file on the house on West Hicks Street is closed.

After Todd Brunner failed to respond to the “notice,” then the “order,” then the “second order,” the city filed a citation against Brunner, hoping that would get his attention. Brunner failed to appear in municipal court, resulting in a $5,000 default judgment, after which Brunner’s attorney got the case reopened and then resolved with payment of a $50 fine.

But what happened at the house is unclear. The inspector’s notes — handwritten and at times barely legible — indicate the issue with the outlets was corrected in March 2012. But just as his initial notes didn’t specify the problem, his subsequent notes don’t describe the fix.

Nash, the home’s renter in early 2012, says she doesn’t remember anyone coming to the house to do repairs. There is no record on file of anyone getting an electrical permit. Electrical permits trigger an inspection by city engineers who can ensure work was done — and done properly.

19. February 26, 2013 • West Allis

A social worker is on her way to Angelica Belen’s house when she notices that Belen is driving right in front of her in a minivan. The social worker sees Belen arrive at her home and get out with only her daughter.

Belen, the worker discovers, has left her three boys in the home, alone. The twins are crying; the toddler is in a high chair. Confronted, Belen makes up a story, then admits the truth: She’d left them for about an hour while picking up Naya from school.

The social worker is with the Bureau of Milwaukee Child Welfare, an agency that helps families in crisis. Child welfare officials have received at least a half-dozen complaints about Belen, all of which they’ve found to be unsubstantiated or not credible enough to investigate. But there are real problems. Social workers report that Belen has been missing therapy appointments for her children. Their medication isn’t being routinely refilled. Her home is often filthy, with dirty diapers and garbage strewn about.

The bureau is doing unannounced visits. Social workers have been meeting with Belen about once a week to work on family safety. They tell her: Under no circumstances should she leave her kids alone.

Angelica Belen and Naya (Courtesy of Rosalie Breckenridge)

Two weeks later, Belen drives to a store in West Allis and goes inside with Naya to buy art supplies. Outside, in the parking lot, a man discovers the twin boys walking around. One nearly gets hit by a car. Someone else discovers Belen’s youngest child inside the minivan, alone and crying. The police are called, and caseworkers notified, and Belen says this is how she was raised, that as a child she’d been left in the car with no harm done.

In a follow-up, a West Allis police detective goes to Belen’s home on March 18 and does a walk-through. The children seem OK, the detective reports. There’s clutter, the kitchen is dirty, food seems limited, but the detective doesn’t see anything dangerous. The detective returns the next day and reports that conditions have “improved greatly.” The kitchen’s clean, floors vacuumed, refrigerator restocked.

For the two instances of leaving three of her kids alone, Belen gets charged with six misdemeanor counts of child neglect.

While those charges are pending, child welfare officials decide to let Belen’s children remain in the home.

On April 9, a social worker visits Belen and sees no cause for concern. The home is fine. The children appear happy. Belen has a new job, as a hostess at a Chinese restaurant, and says she’ll be putting her kids in day care.

20. April 11, 2013, 3:49 p.m. • 7750 West Hicks Street, West Allis

Angelica Belen wakes up around 6 a.m.

Then she wakes up Naya, Adrian and Alex.

She makes oatmeal for breakfast, then gets everyone ready, faces washed, teeth brushed. Naya wants to wear her blue tights, but Belen can’t find them, so Naya wears pants instead.

Around 7:30 they pile into the minivan, all four of them. (Belen’s youngest child is with his dad today.) Belen drives east into Milwaukee, to Naya’s school, Saint Lucas Lutheran. The trip’s just 6 miles, but with city traffic it can take 20 minutes. It’s cold and wet. Naya doesn’t want to get out of the van. But there’s a place to pull up, close to the school’s doors. Belen drives up and Naya goes in.

Then it’s 6 miles back.

Belen and her twin boys get home after 8. They watch a movie, “Lilo & Stitch,” for “the thousandth time,” as Belen puts it.

Around noon, a social worker comes by to check on the family. The kids are watching another movie, “Stardust.” The social worker stays at the house for 30, maybe 40 minutes.

After she leaves, Belen makes lunch. Macaroni and cheese. She makes two boxes because they always eat more than one.

The boys watch “Lilo & Stitch” again while Belen changes clothes, preparing for work later today. This will be just her third shift at Lychee Garden, a restaurant she’d been going to since she was a child. She’s scheduled for 4 to 7.

Belen changes the boys’ diapers. She changes Adrian’s shirt, because he got macaroni and cheese on it. Around 2:30 she puts them in the van, and it’s back to school, to pick up Naya, then back home again, pulling in sometime after 3.

When she worked two nights ago, Belen found neighbors, neighbors she barely knew, to watch her kids. Going forward she’ll have subsidized day care; her boss has already signed the form, verifying her employment. She’ll be dropping those papers off tomorrow at the county office.

But for today, she’s been unable to find anyone to babysit. At 3:47 she tries one more time, she calls one of her sisters, but the sister can’t.

Belen gives her kids hugs and kisses, tells them she loves them and promises to bring home almond cookies from the restaurant.

Play with your toys, she tells them. When I get home, we’ll have spaghetti for dinner.

She puts Naya, Adrian and Alex in the boys’ bedroom, the one just above the kitchen. She closes the door.

And locks it.

At 3:49, she drives away.

21. April 11, 2013, 10:48 a.m. • Milwaukee Municipal Court

The same day, at 10:48 a.m., as Angelica Belen’s twins are watching “Lilo & Stitch,” or perhaps by now they’re watching “Stardust,” Todd Brunner is supposed to be in Milwaukee Municipal Court.

The court’s docket has two cases in which Brunner has been charged with 14 counts of violating building-maintenance codes. One count is for not fixing a rental home’s porch steps. Another is for not fixing a foundation to keep out rodents.

His arraignment is this morning. But Brunner fails to show.

The judge finds Brunner guilty of all 14 counts and fines him $14,050. If Brunner fails to pay, he could be jailed for 171 days.

That sounds serious. But the threat is hollow.

The year before, city inspectors ordered Brunner to fix defective electrical wiring at one rental, defective electrical fixtures at another and a defective electrical outlet at a third. When Brunner failed to show he had fixed anything, the city charged him, adding three code violations to a long and growing list.

In 2013, Brunner will be called to court to face 134 code violations. He won’t contest any and will be found guilty of all. He’ll be fined more than $100,000 and threatened with more than three years in jail. (Nine years later, he will have paid less than half and served not one day.)

On this very day, the city has at least 11 warrants out for Brunner’s arrest, for failure to pay his fines. Not one warrant will ever be executed. In this, Brunner is the beneficiary of a practice meant to help the poor. Municipal court, not wishing to jail low-income people who can’t afford to pay fines and traffic tickets, generally allows people with warrants to have at least four contacts with police before being arrested.

At 1:18 p.m., two and a half hours after Brunner fails to appear in court, a deed is recorded at the Milwaukee County Assessor’s Office showing Brunner no longer owns the house at 7750 West Hicks Street in West Allis. That’s the house where, at about this time, Belen is cleaning up after lunch, or perhaps getting ready for work.

Brunner, the foreclosure king, lost the home six weeks ago in foreclosure to Tri City National Bank.

In online records, the new deed will take a while to show up. So this evening, when a member of the West Allis Fire Department searches for the home’s owner, Brunner’s name will still appear. The firefighter will call Brunner, get no answer, then leave a message and get no response.

22. April 11, 2013, 7:20 p.m. • 7750 West Hicks Street, West Allis

Angelica Belen clocks out at the restaurant at 7:06 p.m., then drives home. Nearing her house, she sees firetrucks. A block from her street, she sees a police officer. He tells her a house is on fire. Which one, she asks. He doesn’t know the address, but with each detail he offers, the north side of the street, the far side of the alley, realization, then panic, set in.

She jumps out of her car, leaving it where it is, the door open, and runs toward her house, in ballet flats, splashing through puddles, praying, please, God, not this, not my kids. People try to stop her, but she runs past. In her yard she finds a firefighter and asks, frantically, about her kids.

There’s nobody in there, the firefighter tells her.

While Belen was at work, firefighters from West Allis and nearby cities had chased the fire through the home. Discovering a locked door on the second floor, they’d used a Halligan tool to force it open. But they couldn’t search the room; the smoke was thick, the floor unstable.

7750 West Hicks Street, the night of the fire (West Allis Police Department)

Belen tells firefighters that she believes her children are inside. She says her sister was with them and may be inside, too.

A firefighter climbs a ladder up the side of the house and goes through a window into the boys’ bedroom. Underneath a dresser he sees what appears to be a doll’s hand.

He lifts the dresser and says, “Oh my God.”

Firefighters find all three children dead, their bodies in a corner, touching.

23. April 11, 2013, 11:29 p.m. • West Allis

Detective Thomas Kulinski turns on the tape recorder and waits for Angelica Belen. It’s 11:29 p.m., about four hours after Belen learned of her daughter’s and sons’ deaths.

“How you doing? Doing OK?” he asks as she enters.

Kulinski interviewed Belen once already, earlier tonight. She’d told him that when she’d left for work today, she had left her kids at home with her sister Nicole. But police now know that’s a lie. They’ve interviewed Nicole, and Nicole has detailed her day, and the police have corroborated her timeline.

Kulinski, a former Marine with a graduate degree in theology, reads Belen her rights. Then he tells her: “Your sister wasn’t there. I can prove beyond a shadow of a doubt that your sister wasn’t there.”

He asks Belen, “Who was with the kids when you left for work?”

For 13 seconds, there is silence. Then Belen says, “No one, sir.”

She tells him that she had no one to babysit, that she’d called around, with no luck, that she’d just started her job, she needed the job, and if she didn’t show, she would have been fired.

“There was nobody in your life at all that could have watched your kids?”

“I have nobody.”

“Why didn’t you build a better support system for yourself?” Kulinski asks.

“What support system? These people were never there for me.”

Belen tells the detective: “There’s been nobody in my life. For 24 years I’ve been either beaten, abused, left alone to fend for myself. That’s, that’s what I’ve had.”

24. April 12, 2013, 4:49 a.m. • West Allis

“Don’t make me look. Please don’t make me.”

Angelica Belen is being interviewed by Detective Nick Pye, who has brought photographs to the cellblock where she’s now being held. Pye says the medical examiner is having trouble telling her sons apart, so they want her help. One boy died with his face away from the flames. Pye would like her to say if it is Alex or Adrian.

“No, no, no, no, no, no, please don’t,” she says.

She describes her sons, to help distinguish them. Adrian was taller, his hair curlier. He sucked his thumb, and his bottom teeth, the ones in the middle, were pushed in.

“You’re not going to show me the pictures, please don’t,” she says. “Please, sir, please, I’m begging you, please. Please.”

As Belen speaks, her breath is short. She sounds panicked, exhausted. But Pye expects tears. After 18 minutes, he says, “How come you’re not crying?” She tells him she has cried and screamed, horrified at what she’s done, and now she’s numb. She says she wants to remember her kids the way they were. She asks the detective if he’d want to see his kids this way.

After a half hour, Pye tells her, “I’m not going to force you to, I mean, OK?” When she starts to waver, he says: “I’ll tell you what. Your choice. I’ll slide it face down under the door, OK, and you can take as brief a glimpse …”

“No, no. I can’t, I can’t do that alone,” she says.

So he stays. “You ready?” he says. She looks at the photo.

“Alex,” she says, and he turns off the recorder as she gasps and wails.

25. April 12, 2013, 6:45 p.m. • West Allis

Detectives Pye and Kulinski interview Belen for what is now the fifth time. This interview lasts more than two and a half hours.

Belen talks of leaving her children alone. She never wanted to do what her mother did, to hurt her kids. But “in the end,” she says, “I did exactly what she did, only three times worse.” She didn’t want to lose her job, Belen says. She’d told her kids that with her first paycheck, she’d buy them toys. Naya wanted a Barbie Dreamhouse. The boys wanted action figures — for Adrian, Batman, for Alex, Captain America.

The detectives want Belen to admit locking the bedroom door. “I swear to you, I swear to you, on everything that is holy, I would never lock my kids in the room,” she says. They offer her an out: By locking her kids in, she thought she was keeping them safe. The kids couldn’t get to the kitchen and play with knives. They couldn’t leave the house and wander into traffic. Belen refuses their offer.

Finally, after an hour, Pye screams at her, “How did they get locked in the room!”

“I don’t know!” Belen screams back.

Soon after, she gives in. She admits turning the lock. “Because it kept them safe,” she says. She tells the detectives that when she was a kid, she was left alone and nothing happened, “everything was fine.”

Did her kids try to open a window? Belen asks, at one point.

“I think they did. Because there were some toys laying on the ground,” Pye says.

“She tried,” Belen says. “She tried, she did what I told her to do. She tried. My sweet baby girl, she tried.”

Death certificates show the children died from inhalation of soot and products of combustion.

The detectives tell Belen that with the high level of carbon monoxide in the children’s blood, the kids would have become numb. Euphoric, even. “You just close your eyes,” Pye says. “You go to sleep,” Kulinski says.

“The fire didn’t get them first?” Belen asks.

“No,” Kulinski says.

Ballet slippers hang from a door after the fire. (West Allis Police Department)

Pye tells Belen about electrical problems in the house. He describes the power hookup to one bathroom as “about the most careless thing I’ve ever seen in my life.”

“The fire is not your fault,” he says.

Kulinski talks about how old the house is and says, “What are the odds that it would burn down the three hours you’re gone?”

There’s no predicting how things will turn out, Kulinski tells Belen. Some jurors could understand why she did what she did. Some could sympathize with what she’s endured. And some jurors, he says, “will look at you as the devil and want to take you out back and shoot you.”

26. April 15, 2013 • 7750 West Hicks Street, West Allis

A lieutenant from the West Allis Fire Department meets with an electrical engineer at the house in West Allis where the children had died four days before. They are among 12 people from four departments — federal, state and local — investigating the fire’s cause.

They start outside, at a pole-mounted transformer. Then they follow the electricity, looking for evidence of arcing, where a current may have jumped off course. They examine the service panel in the basement, then trace the circuits running up, removing drywall and flooring to ensure they don’t lose track of each current’s path.

After the fire: the door to the boys’ bedroom; the kitchen; and_ _two wires inserted without a plug into an outlet (West Allis Police Department)

Ultimately, their investigation takes them to the kitchen and to a space, 1 foot deep behind a wall, filled with plumbing, heat vents and wiring. Here, they find their answer. The fire, they conclude, started with a failure in the circuit that powered the light above the kitchen sink.

The state classifies the fire’s cause as “accidental.”

No one is charged in connection with the fire’s ignition. Only Belen is charged, for what came after. Prosecutors charge her with three counts of criminal neglect of a child, resulting in death.

27. June 27, 2013 • Waukesha County Court Commissioner's Office

An employee with Badger Process Service Inc. goes to Brunner’s home on May 31, 2013, to serve an order requiring Brunner to answer questions about money he owes the city of Milwaukee.

No one answers the door. She leaves a card. She returns on June 4 and finds the door open. But no one answers. On June 6 she returns at 10:10 a.m. and again at 8:30 p.m., and both times, “someone is home but won’t answer,” she later writes. On June 9 she sees Brunner’s wife outside. “I’m not accepting anything,” Brunner’s wife says, to which the server says, “That’s OK,” and lays the papers at her feet, which does the job.

Brunner shows up on June 27 to answer questions from a lawyer. But Brunner becomes “argumentative,” standing and swearing and asking why he has to be there, according to a court commissioner’s affidavit. Sit down and stop swearing, the commissioner tells Brunner. Brunner does neither; he shouts and waves his arms. The commissioner orders him out, but Brunner refuses, so the commissioner asks his secretary to notify the police, at which point Brunner leaves, “using profanity all the way out the door.”

Brunner gets held in contempt, and a new hearing is scheduled, for which Brunner fails to appear, leading to another motion for contempt, for which Brunner must be served, leading another process server to his door, where, twice, the server hears a dog barking but gets no answer.

28. September 27, 2013 • Milwaukee County Circuit Court

Twenty-one years after Angelica Belen’s mother was sentenced in the death of Marisol, Belen appears for sentencing in the deaths of her three children. The prosecutor is the same. It’s Mark Williams, an assistant DA with thick, gray hair, who, according to one newspaper story, has likely prosecuted more homicides than anyone in the country.

Colleagues call him a “machine.” Williams, in another newspaper story, says that he works from morning to midnight and that prosecuting homicides is his “dream job.” Before he’s through, he will prosecute more than 700.

Belen has pleaded guilty to all three felony counts of child neglect resulting in death. Each count carries a maximum prison sentence of 15 years.

Angelica Belen at her sentencing before Judge Jeffrey Wagner (Kristyna Wentz-Graff/Milwaukee Journal Sentinel)

The defense submits a memorandum from a sentencing mitigation specialist who writes, “Ms. Belen unfortunately experienced perhaps one of the most tragic developmental histories that this writer has come across in twenty years of working with indigent, criminal defendants.” Belen’s crime, he writes, “was an offense of omission rather than commission. … Additionally, there has never been any report of Ms. Belen abusing her children physically, emotionally, or verbally.”

Members of Belen’s family address the sentencing judge, some to condemn, others to defend.

Two of Belen’s sisters describe the pain of losing their nephews and niece, and blame Belen. “Time will not heal these wounds,” one sister says. Belen “had so much help and support around her” but turned it away, this sister says.

Angelica’s aunt — who was in court when Angelica’s mother was sentenced, in the hospital when Angelica was born and now in court as Angelica is sentenced — says: “She was ill-equipped and overwhelmed. And it’s not true when people say they were falling all over themselves, offering to help her. That’s not true.”

This same aunt, in a letter to the judge, described her niece’s history of being abused: “People wonder why Angie didn’t reach out for help. But I have to ask, would you? The system and the important people in her life failed her over and over. She learned as a young girl not to trust anyone.”

Williams, the prosecutor, laces into the Bureau of Child Welfare for leaving the children with Belen despite all the reports of her neglect. “And this house, we — everybody knew that this house was not exactly in good repair,” he says. “It was possible that anything could have happened.”

When Belen’s mother was sentenced, Williams had said of her crime, “I don’t understand it.” Now, he says of Belen’s crime, “It’s beyond comprehension.” He asks the judge to sentence Belen to a “period of substantial confinement” for each of the three counts. And he asks that the sentences run back-to-back, saying that’s what each child deserves.

Belen, offered the chance to speak, tells the court: “I would like to say that I’m sorry to my children, my beautiful Adrian, Alexis and Nayeli. I’m sorry they will never grow up. I’m sorry I will never see you graduate from high school and get married and have children of your own. I’m sorry that my decision that day took that from you.”

Belen apologizes to her sisters, to her aunt, to the police and firefighters. She says of her children, “They were everything to me, and I loved them so much.”

At the hearing’s end, the judge, Jeffrey Wagner, tells Belen: “I don’t think there’s anybody in this courtroom that would disagree that you loved your children very much.”

“I understand your — your terrible, terrible upbringing. I know that you’ve been victimized yourself growing up,” he tells her. “But there shouldn’t be this cycle.”

He gives her six years in prison on each count — and orders the sentences to run back-to-back.

Belen, sentenced to 18 years, gets sent to Taycheedah, the same prison where her mother was sent.

29. October 7, 2014 • Pewaukee

A federal grand jury returns an 11-page indictment against Todd Brunner and his son Shawn for financial misdeeds. To reach this point, the government has expended enormous resources. Here’s the investigation and charges, by the numbers:

Agencies involved in the investigation: 4 (FBI, IRS, U.S. Department of Housing and Urban Development, Milwaukee Police Department)

Boxes of evidence collected in search of Todd Brunner’s home: 22

Documents collected: nearly 46,000

Felony charges against Shawn Brunner: 4

Maximum years he could face (all charges, combined): 95

Felony charges against Todd Brunner: 15

Maximum years he could face (all charges, combined): 350

Todd Brunner is arrested at his home. (Mike De Sisti/Milwaukee Journal Sentinel)

The indictment accuses father and son of both bank fraud and bankruptcy fraud. Todd Brunner used invoices that were duplicated, forged, altered or inflated to make draws on that $2 million construction loan for the senior center, the indictment alleges. With his son, he used three shell companies to hide cars, boats and more than 100 parcels of real estate, federal authorities say. The value of those hidden assets, according to the indictment, totals about $7 million.

Brunner also “fraudulently concealed” the engines from El Diablo and claimed to have no income when his rental properties were generating, on average, more than $30,000 a month, the indictment alleges.

In a press release, U.S. attorney James Santelle says Brunner’s crimes undermine the operations of bankruptcy court and “compromise the strength of our financial institutions.”

Rather than arrest the Brunners, federal agents try to serve a summons, instructing them to appear in court. Papers in hand, U.S. marshals go to Todd Brunner’s home in Pewaukee. The lights are on. A dog is barking. But no one answers.

Shawn Brunner, the day of his arrest (Mike De Sisti/Milwaukee Journal Sentinel)

After multiple failed attempts, government officials conclude they’re being dodged. They get an arrest warrant. Early on a Monday morning, U.S. marshals, heavily armed, backed up by three other police agencies, bang on Brunner’s door, get no answer, then break the door down. They come out with father and son.

Accompanied by officers, Todd Brunner walks from the house to a sheriff’s van. His steps are slow and labored. That afternoon, he gets arraigned. Then he’s released, on condition he post $2,000 cash bail. Outside the courthouse he gets into a black pickup and drives away.

30. December 10, 2015 • Madison, Wisconsin

Local governments see it as a threat to tenants.

A bill being debated by state lawmakers in Madison will gut the ability of cities to inspect rental properties. And, say local officials from across the state, it will prevent them from forcing owners to fix code violations before renters move in.

One state legislative sponsor says the bill “promotes regulatory fairness” by treating all properties alike, whether occupied by renters or owners.

But Milwaukee says the bill’s prohibitions “strike at the heart of what a local government does — to protect the health, safety and welfare of its citizens.” Its inspection program, in place since 2010, has allowed the city to target areas with higher-than-average building-code complaints, officials write. The city of Beloit also opposes the bill. This year, in two months alone, its rental inspection program found 33 units unfit for inhabitation.

The bill passes the Republican-controlled Assembly along party lines, 60-31. The Senate gives its approval, and Gov. Scott Walker signs the bill into law.

The bill is one of five major, landlord-friendly laws passed between 2011 and 2019.

Among lawmakers voting on these measures, about 1 in 5 are themselves landlords or property managers.

31. June 30, 2017 • Milwaukee

At times in a wheelchair, at times using two canes, Todd Brunner makes his way from the federal courthouse’s entrance to the courtroom where he will be sentenced. It takes two hours. In the hallway, his screams of pain draw courthouse employees from their offices.

It’s been nearly five years since the FBI searched his home and nearly three since he was indicted. There’s been no trial — Brunner took a plea deal — but still the case has dragged, due in part to Brunner’s obesity and poor health.

Brunner’s lawyer argued, unsuccessfully, to let Brunner appear at one hearing by video, citing his lack of mobility. Transporting him to court would cost $3,000 to $4,000, the lawyer estimated. Then there was the matter of Brunner’s mental fitness. Brunner suffered a stroke, but, following a psychiatric evaluation, both sides agreed he was competent to enter a guilty plea.

Brunner has pleaded guilty to three felonies: two for bank fraud and one for concealing assets from bankruptcy court. Fraud deemed sophisticated can yield a longer sentence. But Brunner’s lawyer, a public defender, argues his client was, as a criminal, incompetent: “The sophistication level was bordering on the juvenile.”

As his criminal case lingered, Brunner kept making news. In 2016, the Journal Sentinel revealed that Milwaukee Municipal Court keeps a list, called “Egregious Defendants,” of landlords with delinquent fines for code violations. Brunner was the list’s No. 2, owing $161,019.

In the courtroom, awaiting sentencing, Brunner sobs. His lawyer says he has cried at the sight of Brunner’s agony. “Mr. Brunner shouldn’t be in court. He shouldn’t have to endure that, that long walk,” he tells the judge. “It hurts my soul to see someone like Mr. Brunner suffer this much.” The lawyer argues against any prison time for Brunner, saying, “I don’t believe Mr. Brunner is long for this world.” Brunner’s existence, he says, is now confined to “living in his bed.”

Federal guidelines suggest a sentence of between 37 months and 46 months.

The prosecutor, who says of Brunner, “Every time he turned around, he did something that was intended to deceive someone,” asks for a sentence of two years.

She says Brunner has “morbid obesity,” which can be treated in a prison medical facility. She describes Brunner’s various frauds: the falsified invoices, the hiding of money from bankruptcy court. Brunner hid so much cash, she says, that a bank employee had to help Brunner’s son shove a stuffed safety deposit box back into place.

As the prosecutor makes her case, the judge, J.P. Stadtmueller, interrupts her. “You’ve got to put this case in context,” he says. Brunner committed his crimes during a time of lax financial oversight, when “it was go, go, go, go, go, and we don’t need to get verification for anything.”

“Perhaps, but that doesn’t excuse what he did,” the prosecutor says.

“I’m not suggesting that he be excused. What I’m suggesting is, this case is the product of bent rules and blind eyes. Make no mistake about it!”

Before announcing the sentence, the judge asks Brunner if he’d like to say anything. “No, sir,” Brunner says.

The judge says, “Obviously, the core facts of this case are not much more than a very simple fraud.”

Brunner is “barely, barely ambulatory,” the judge says. He now weighs more than 600 pounds. To put him in prison, the judge says, “borders on the unconscionable.”

The judge sentences Brunner to probation — two years on each of the three felony convictions.

Rather than lasting six years, Brunner’s probation will last two. The judge orders the probationary periods to run concurrently instead of back-to-back.

The judge says: “Obviously, there is no fine. He doesn’t even begin to have the resources to pay.”

After the sentencing, Milwaukee police Detective Elisabeth Wallich gets a phone call. A fellow detective gives her the news. Together, they investigated Brunner for more than six years. When she hears Brunner’s getting no time, she’s devastated. “All of this work went for nothing,” she’ll say later. “We often said, ‘If I were a criminal, I’d be a white-collar criminal, because nothing ever happens to them.’”

(A reporter recently emailed questions to Stadtmueller, asking if he felt his sentence held Brunner accountable. The judge declined to be interviewed.)

32. February 12, 2018 • Milwaukee

In pursuing felony fraud charges against Todd and Shawn Brunner, the federal government viewed the son as more sympathetic. Shawn did what he did, one prosecutor said, “because he loved his father.”

Now, in early 2018, the government drops its charges against Shawn as part of a deferred prosecution agreement. By this point he is 27.

If there is a cycle in Angelica Belen’s family, the same goes for Todd Brunner’s.

On Facebook, Shawn calls his father “the wisest man I know.”

In 2014, Todd Brunner transferred 24 properties to his son.

In 2015, one of those rental homes caught fire. The ignition sources included a floor lamp plugged into an outlet, according to Milwaukee Fire Department records.

In 2016, a sheriff’s deputy arrested Shawn on a charge of drunk driving. Shawn told the deputy he was weaving because his glasses were dirty, according to police records. Shawn was convicted and ordered to pay $1,000.

In 2017, 2018, 2019 and 2020, judgments or tax warrants are filed in circuit court against Shawn for money owed. One, for delinquent state taxes, is for $456,079.12. (Shawn did not respond to requests for an interview for this story.)

In 2021, Shawn is found guilty of 80 counts of violating Milwaukee’s municipal code for problems with his rental properties ranging from black mold to a missing stair handrail to noncompliance with the rules requiring smoke alarms. He is fined about $20,000 — and as of this week, still owed more than half.

33. December 10, 2018 • Delafield, Wisconsin

A little after midnight, deputies get dispatched to a call of a 61-year-old man who has fallen in his home in Delafield, west of Milwaukee. It’s Todd Brunner, in a bathrobe, on his living room floor.

As police and emergency responders try to help Brunner, he becomes “rowdy and boisterous,” according to court records. “Fuck off,” he says. He hits a firefighter on the arm and tells a deputy he is going to kill him, court records say. Brunner gets charged with two felonies: battery to an emergency rescue worker and threatening a law enforcement officer. In a plea deal, he’s convicted of the first while the second is dismissed.

The battery conviction carries a maximum sentence of six years.

In November of 2020, Brunner appears for sentencing and tells the judge: “If this happened, which apparently it did, I fell and hit my head. I don’t remember it. It’s not like me.” The judge, calling this a “serious offense,” sentences Brunner to a year’s probation and payment of $1,158.

In 2017, when sentenced on the federal fraud charges, Brunner received two years’ probation. The judge attached 17 conditions, one being, “The defendant shall not commit another federal, state, or local crime.” Brunner committed this battery within those two years. But it took eight months for the authorities in Waukesha County to charge Brunner. By that time, his federal probation had ended.

34. March 31, 2020 • Milwaukee

Angelica Belen sues Todd Brunner. Her lawsuit, filed in federal court on March 31, 2020, accuses Brunner of negligent upkeep of the rental home in West Allis, resulting in her children’s deaths.

Unable to find a lawyer, she ends up representing herself.

Belen writes her seven-page complaint by hand, in block letters. She attaches exhibits: the notice of code violations sent to Brunner (“two outlets east side of house”) and investigative reports that describe the basement’s exposed wiring and conclude the fire’s cause was electrical.

Belen also sues Guardian Investment, the real estate company put in charge of managing the house, and Tri City National Bank. After Tri City foreclosed on the house, a bank representative, accompanied by a Guardian employee, did a walk-through inspection, Belen writes. Neither “expressed any concerns” to Belen about the house’s condition, her lawsuit says. This was in February 2013, two months before the fire.

When called recently by the Journal Sentinel, a Tri City spokesman said he would research this but then never got back. Rick Geis, of Guardian Investment, told a reporter that he couldn’t recall what repairs, if any, his company may have ordered. “It was a while ago,” Geis said. “And unfortunately it brings back bad memories and I don’t want to talk about it.”

“I did nothing wrong,” he said.

In November of 2020, eight months after Belen’s lawsuit was filed, her lawsuit is dismissed.

The federal court lacks jurisdiction, a judge determines. In tossing the suit, the judge — the same judge who earlier sentenced Brunner to probation on the federal fraud charges while imposing no fine — says Belen must pay a $350 filing fee. He orders the funds be collected from her prison trust account.

35. October 8, 2022 • Wisconsin’s state prison system

Sitting across from a reporter, the sun glittering off razor wire through the windows behind her, Angelica Belen says she feels the safest she’s ever felt.

“Prison saved my life,” she says.

It’s been more than nine years since the fire, much of it spent in a cell with little more than memories and books. In comments still online, Belen is vilified, with people writing: “stupid, ignorant whorebag”; “selfish maggot”; “burn her at the stake.”

Belen clings to her pastor’s words after her children died. “The Lord is close to the brokenhearted,” he told her, quoting Psalm 34. “He saves those who are crushed in spirit.” It was what she needed to hear. Now, at 34, halfway through her sentence, she credits God for getting her through.

Since the Journal Sentinel reached out to Belen in February, she’s shared details of her life in emails, phone calls and visits.

Angelica Belen in prison this year (Courtesy of Angelica Belen)

“I am to blame for my poor choices,” she says. “I want to be able to atone.”

Through counseling and a peer mentorship program, she’s processed the hurt she’s suffered and caused. She’s forgiven her abusers. Now she’s a mentor herself. In recent evaluations, staff called her an “excellent example” to others and “extremely engaging and positive.” As a certified peer specialist, Belen was recently transferred to a prison that specializes in mental health services.

“This job has given meaning and purpose to every bad thing that has ever happened to me,” she says.

Belen, preparing for her future, has saved up $4,000 in the years she’s been locked up, she says.

In Wisconsin, Belen’s sentence of 18 years stands out. Reporters analyzed 40-plus cases statewide from 2007 to 2018 in which people were convicted of child neglect resulting in death. Belen’s sentence is the longest, although she’s the only person convicted in three deaths. Wagner, the judge who sentenced Belen, several years later sentenced another mother whose toddler died in a fire after she left her three young children alone. He gave her 17 months.

Wagner recently told the Journal Sentinel he barely remembers Belen’s case. As for the fire itself — and the problems with the house’s wiring — Wagner said it was for others to decide whether to assign blame to any landlords or property managers. “I would think that some other law enforcement agency or entity would seek prosecution of that,” he said. Williams, who prosecuted Belen and her mother, recently told a reporter, “The cops did not ask for those types of charges.” Pye, the fire’s lead investigator, said, “We never really went that direction.”

After the deaths of Belen’s children, the state investigated the Bureau of Milwaukee Child Welfare’s handling of the case. The bureau violated state standards in a number of ways, including in how it assessed the dangers and provided support services to Belen, the state concluded.

After Belen’s arrest, the bureau placed her surviving child with his dad.

Belen’s son is now 11.

Soon after Belen was sentenced, she requested that he be able to visit. A family therapist, in a court-ordered evaluation, interviewed Belen and her son separately. The therapist concluded that knowing his mom would be good for the child.

But it never happens. Belen still has parental rights, but once the courts grant her estranged husband custody, he moves with their son to another state.

The father doesn’t want him in contact with Belen. “She walked out on us,” he recently told a reporter before hanging up.

Belen says she misses her son beyond words. She remembers how he’d stare her in the eye and throw food from his highchair and giggle when she’d pick it up. How he carried around a Bob the Builder book shaped like a wrench, hoping to get his mom or sister to read it to him. And how he adored Naya, who he called Ya-Ya.

Now, she wonders how he’s doing, what he’s learning in school, who his friends are, what his favorite color is, what he wants to be when he grows up. Things a mom should know.

She wants him to know that she’s always wanted to be part of his life. She wants to apologize.

She wants to be worthy of his forgiveness.

36. October 26, 2022 • Delafield

This February, a Journal Sentinel reporter goes to Todd Brunner’s home in Delafield. He declines to come to the door but calls her in her car, parked just outside. Since his stroke, Brunner tells her, “My memory’s shot.” She asks about the house on West Hicks Street in West Allis, and he says: “It’s so long ago, I don’t remember a lot. All I know is, you know, we never did any electrical work there.”

He says of the house, “I don’t even know what it looks like.”

In late August, she returns, hoping to ask more questions. Two small lion statues sit at the end of the driveway. On the side of the house, near a wheelchair, there’s a black Lincoln pickup. A sign above the garage says “Brunner Blvd.” The house appears under construction, as it has for months. Porch planks are half laid, the siding half finished. In the driveway there’s a car, covered by a tarp. Peeking out is a hood ornament so famous it has its own name. It’s the Spirit of Ecstasy, the Rolls-Royce’s crowning touch.

The reporter sees a lit candle in the window. When she knocks, a dog barks. Nobody answers the door.

Todd Brunner's home in Delafield (Mike De Sisti/Milwaukee Journal Sentinel)

Later, on October 26, Brunner picks up the phone. He says he didn’t own the house when it caught fire. He won’t answer questions and hangs up. Then he texts, asking for questions in writing. The reporter mails 11 pages of questions.

Brunner responds by fax. Some questions he addresses. Some he does not. “To the best of my knowledge,” he writes, he never knew about Belen’s lawsuit against him. Of his arrest on federal fraud charges, he says police broke down his door before his family could answer. Of his battery conviction, he says rescue workers strapped him down against his wishes: “They had no right to do that and in my opinion, they should have been charged.”

Figuring out what Brunner owns, and how he’s faring financially, has long been a challenge, even for law enforcement. Years ago, when creditors seized Brunner’s possessions after he was denied bankruptcy protection, a police detective interviewed Brunner as part of the joint task force investigation.

Brunner told the detective he’d managed to borrow money from friends, and secure a new bank loan, and with that infusion, he’d bought back “most of his property” that had been put up for auction, according to the detective’s interview notes. That 30-foot catamaran? Brunner tells the detective he bought it back for $26,000.

A car with a Rolls-Royce hood ornament at Todd Brunner’s home (Mike De Sisti/Milwaukee Journal Sentinel)

As for rental properties, Brunner may no longer be the owner of title, but that doesn’t mean he’s out of the real estate business.

In 2017, when Milwaukee receives a complaint of leaking pipes and loose wires at a house on North 36th Street owned by Shawn Brunner, an inspector for the Department of Neighborhood Services writes, “Talked with Todd Brunner.” In 2019, when Milwaukee receives a complaint about no hot water at another house of Shawn Brunner’s, an inspector writes, “Called owner Todd — said he drove down there today and they wouldn’t let him in so he turned off gas because they said they smelled gas.”

This year, Milwaukee gets a complaint of no heat at an apartment on West Sheridan Avenue owned by Shawn Brunner.

An inspector writes, “Called Todd Brunner, who identifies as the property manager.”

How We Reported This Story

This story, a partnership between the Milwaukee Journal Sentinel and ProPublica, is the product of nine months of reporting.

We obtained records from at least 18 local, state and federal agencies, and from eight different municipal, circuit and federal courts. The records include notes of police detectives, code inspectors and process servers; emails among Milwaukee police and federal agents; autopsies; deeds; fire reports from the West Allis, Brookfield and Milwaukee fire departments, the Wisconsin Division of Criminal Investigation, the U.S. Fire Administration and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; building-maintenance reports in Milwaukee and West Allis; Angelica Belen’s state Department of Corrections file; and more than 100 photographs of the fire scene in West Allis.

The story’s dialogue comes mostly from audio records or transcripts. We obtained recordings of the 911 call on April 11, 2013; the police detectives’ five interviews with Belen on April 11 and 12, 2013; and Todd Brunner’s sentencing hearing in federal court in 2017. We gathered transcripts of Dawn Sosa’s sentencing hearing in 1992; a neighbor testifying about Brunner threatening him in 2004; Brunner being questioned by a bank’s lawyer in 2012; Belen’s sentencing in 2013; and Brunner’s sentencing in 2020 on a battery charge.

This article includes accounts of childhood abuse provided by Belen and her sister Rosalie Breckenridge. We spoke with both women, separately, in multiple interviews during which they recalled similar details about their time in foster and adoptive homes. We interviewed Belen in 15-minute phone conversations spanning more than three hours and in dozens of emails and visits to prison. We interviewed Breckenridge over the phone and at her home in Iowa.

To try to verify their accounts, we inspected a voluminous file in Milwaukee County Children’s Court. (Getting access required permission from Belen and Breckenridge, and approval by a Milwaukee Circuit Court judge.) These records provided details about the girls’ biological parents, the girls’ history and health, their movement through foster homes and schools, and assessments by social workers. The documents spelled out abuse the girls endured before being placed in foster care. The records did not include information about abuse by foster parents, saying only that the girls were removed abruptly from the home in Waukesha via an emergency order.

Details about the harm to Belen in the foster and adoptive homes came, in part, from another Children’s Court file, regarding placement of Belen’s son. (Getting access to this file also required a judge’s approval.) In this file, social workers recapped Belen’s history in foster care. Referring to the home in Waukesha, they wrote, “Angelica and her sibling wanted a father and were moved to a two-parent home pending adoption, but were physically abused.”

Social workers also noted that when Angelica was a teenager, living with the mother-daughter duo, they received a referral about marks on her wrists from being grabbed.

In court, Belen’s aunt spoke and wrote of Belen’s abuse in foster care. In addition, a client services specialist in the Office of the State Public Defender wrote a memorandum saying Belen “was victimized sexually in several foster placements.”

We received limited records from the Wisconsin Department of Children and Families confirming payments to the Waukesha foster parents during the time Belen was with them. The department did not have a complete file on the family as the record retention requirement was 20 years and had expired.

We did not name the foster parents as our investigation did not turn up any court records indicating they were charged with any crime. Records from the Department of Children and Families show payments to the couple ceased at the time the girls were removed from the home, indicating they did not have additional foster children placed with them.

We interviewed the foster father from the Waukesha home. He denied they abused the girls. (We also tried to reach the foster mother. The foster father sent a text in response that he said was on behalf of both of them. “We Love them Very Much,” the text said of Angelica and Rosalie.)

The daughter and mother who twice took in the two girls — when Angelica was 5 and 10 — are no longer alive. We found no records indicating either was charged with any crime relating to the girls’ care.

We contacted Michael Guolee, the judge, now retired, who sentenced Dawn Sosa in 1992. (He’s the judge who told Sosa, “You are weak.”) He said he didn’t remember the case.

We tried to reach Shawn Brunner, both through his family and his lawyer. We sent letters to the address he shares with his parents and to the P.O. box that he lists in court records as his official address. We received confirmation from the Postal Service that they were delivered. We also sent him a message through Facebook. (We also sent written questions to Todd Brunner’s wife and did not get a response.)

In our reporting, we were sometimes unable to get records because they were so old they had been destroyed. For example, we were unable to get the records from when Brunner first filed for bankruptcy protection, in 1992. We also could not find records detailing the resolution of Dawn Sosa’s arrest in 1985.

At times we drew on newspaper clips, including, most prominently, stories done by the Journal Sentinel’s Cary Spivak and an investigation published by the paper in 2021 about electrical fires.

Andrew Hahn and Daphne Chen of Milwaukee Journal Sentinel and Alex Mierjeski of ProPublica contributed reporting.

Visual editing, design and development by Sherman Williams of Milwaukee Journal Sentinel and Alex Bandoni and Anna Donlan of ProPublica.

Credit for the chapter headings: Google Images, Mark Hoffman, Angela Peterson, Ebony Cox, Jack Orton, Michael Sears, Allan Y. Scott, and Mike De Sisti/Milwaukee Sentinel Journal Archives and Scott Ash/Now News Group.

by Raquel Rutledge, Milwaukee Journal Sentinel, and Ken Armstrong, ProPublica

A Florida Fund for Injured Kids Raided Medicaid. Now It’s Repaying $51 Million.

2 years 5 months ago

This article was produced for ProPublica’s Local Reporting Network in partnership with the Miami Herald. Sign up for Dispatches to get stories like this one as soon as they are published.

Florida’s long-troubled compensation fund for infants born with catastrophic brain injuries has resolved one of its thorniest disputes: the claim that it avoided hundreds of millions in health care costs by raiding the safety net for impoverished Floridians.

The Birth-Related Neurological Injury Compensation Association, or NICA, settled a three-year-old whistleblower complaint that alleged the program grew assets of nearly $1.7 billion partly by dumping health care and caregiving costs onto Medicaid, the state-federal insurer for poverty-stricken and disabled Floridians.

Under the settlement, announced Monday by the U.S. Justice Department, NICA agreed to pay $51 million to resolve allegations that it violated the federal False Claims Act. NICA’s board of directors, ushered in last year as part of a far-reaching reform, already had voted to cease the program’s reliance on Medicaid.

Beginning in April 2021, the Miami Herald, in partnership with ProPublica, published a series of stories showing NICA withheld and delayed care to many families, focusing on stockpiling assets instead.

Administrators reduced costs, the Herald reported, partly by funneling families into Medicaid — a program already so poorly funded that a federal judge in late 2014 accused the state of rationing care and maintaining an unconstitutionally inadequate system of care for children in poverty.

Monday’s settlement amount is more than twice what was paid by the administrators of a Virginia compensation program to resolve a similar lawsuit — but also far less than the $140 million that Florida health administrators estimated was diverted by NICA from the state’s chronically underfunded Medicaid program.

“The Medicaid program provides a safety net for our most vulnerable populations that do not have access to traditional healthcare coverage,” U.S. Attorney Juan Antonio Gonzalez, who heads the DOJ’s Southern District of Florida, said in a prepared statement.

He added: “The misuse of Medicaid funds will not be tolerated.”

NICA denied wrongdoing in the settlement agreement.

Florida lawmakers created NICA in 1988, responding to dire warnings — critics called them exaggerated — that obstetricians would flee the state to avoid rising medical malpractice premiums. Under the law, the parents of children born with a certain type of brain injury were precluded from filing malpractice suits. In return, NICA was to provide medical care, therapy, medication and in-home caregiving for the life of the injured child.

Most children accepted into NICA either were deprived of oxygen at birth — sometimes as the result of a constricted umbilical cord — or suffered other brain damage or spinal injury. The program is no-fault, meaning parents need not prove their doctor or hospital acted recklessly.

This year, the state Agency for Health Care Administration, or AHCA, which oversees Florida’s Medicaid program, estimated in a report that it had spent more than $140 million over the previous 33 years to cover hospital stays, in-home nursing and other medical needs for children covered by NICA.

NICA’s reliance on Medicaid dollars frustrated and, at times, infuriated parents who depended on the program. Parents complained bitterly that they were forced to exhaust all efforts and appeals for Medicaid reimbursement — a process that could take months, if not years — before NICA would consider paying, even for such necessary items as wheelchairs and medications.

The Herald series led to sweeping changes: NICA’s long-standing executive director stepped down. The program’s board of directors resigned en masse. And the Florida Legislature approved a massive overhaul, including increased payments to parents and fewer restrictions on benefits. Lawmakers also required the program to include a NICA parent and an advocate for children with disabilities on the board.

Jim DeBeaugrine, a former head of the state’s disabilities agency, gained oversight of NICA as board chairman following the previous board’s resignation. He said Monday the settlement helps the program sustain its ongoing reform.

“I think we are all glad to have this behind us,” DeBeaugrine said. “We will focus on continuing to do what we were all appointed to do. That’s improve the way this program serves the families. … It’s important to get this behind us.”

“My main disappointment,” he added, “is that the money we are paying comes from dollars that otherwise would serve our families.”

The path to reforming NICA’s dependence on Medicaid was cleared by a Virginia couple who filed a whistleblower suit in July 2015 challenging the legality of that state’s compensation program for infants born with profound brain damage. Florida NICA was modeled after the Virginia Birth-Related Neurological Injury Compensation Program.

The Virginia program settled that lawsuit by paying $20.7 million to the U.S. government and agreeing to stop shifting costs to Medicaid. The parents of Cody Arven, a severely disabled boy on whose behalf the suit was filed, received $4.1 million of that settlement.

Veronica and Theodore Arven, the latter now deceased, also filed a whistleblower complaint against Florida NICA. Though the DOJ chose not to intervene in the Florida case, the department’s attorneys investigated the claims and helped negotiate the settlement.

The settlement set aside $12.7 million for Veronica Arven and the estate of Theodore Arven for their role in spearheading the litigation. “We are pleased that this whistleblower lawsuit has resulted in a resolution that ultimately benefits all NICA families and provides relief to a long-overburdened Florida Medicaid program,” said Scott Austin, a Virginia attorney who acted as lead counsel in the litigation.

by Carol Marbin Miller, Miami Herald

“We Need to Defend This Law”: Inside an Anti-Abortion Meeting With Tennessee’s GOP Lawmakers

2 years 5 months ago

This story was co-published with WPLN. ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

When state Sen. Richard Briggs voted “yes” on Tennessee’s total abortion ban, he never thought it would actually go into effect.

It was 2019, and Roe v. Wade was the law of the land. His vote seemed like a political statement, not a decision that would soon impact people’s lives.

But on Aug. 25, the ban, one of the strictest in the country, kicked in. It contains no explicit exceptions for circumstances under which the procedure would be allowed. Any doctor who performs an abortion in Tennessee faces a felony that carries penalties of up to 15 years in prison and fines of up to $10,000.

“The way that many state laws work is they’ll say, ‘Abortion, elective abortion, is generally illegal except in these situations.’ … What y’all did is you said, ‘Elective abortion is illegal all the time.’”

—Katie Glenn, state policy director for Susan B. Anthony Pro-Life America

Republican state leaders have repeatedly said the law has enough protections for doctors who provide “medically necessary care to pregnant women,” referring to a narrow clause that allows doctors to defend themselves from charges by proving an abortion was necessary to prevent death. But already, some women have made costly rushes across state lines to end nonviable pregnancies or to seek high-risk care that Tennessee doctors weren’t sure they could legally provide.

Faced with the law’s real-world implications, Briggs and a handful of his fellow Republicans have made statements floating the idea that they will “clean up” or “clarify” the ban when the next legislative session begins in January.

Briggs, who won reelection last week, told voters he would like to see the law offer clear exceptions for rape, incest, severe fetal anomalies and cases where the pregnant patient’s life or health are at risk.

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But any willingness from lawmakers to consider making changes to the ban provokes intense pushback from national anti-abortion lobbyists.

On Oct. 27, the Tennessee affiliate of National Right to Life held a webinar to encourage GOP legislators to hold the line. The anti-abortion organization helped write and lobby for so-called trigger bans — laws that outlawed abortion in anticipation of Roe being overturned — in Republican-majority statehouses across the country.

ProPublica reviewed a recording of the call. It provides the clearest examples yet of the strategy that the law’s architects are pursuing to influence legislators and the public amid growing national concerns that abortion bans endanger women’s health care and lives.

“I encourage you to be able to, in a certain sense, hide behind the skirts of women who’ve actually been there.”

—David C. Reardon, researcher with the Charlotte Lozier Institute

During the hourlong meeting, representatives of Tennessee Right to Life and Susan B. Anthony Pro-Life America urged the legislators to stay the course and protect the nation’s “strongest” abortion ban as it stands.

They said they see Tennessee’s ban, with its tiny carve-out for life-saving procedures and steep penalties for doctors, as the best example of a law that protects every potential life — even when it means pregnant patients must face serious risks or trauma in the process. The group has released model legislation suggesting it would like to see similar language adopted across the country, not weakened by exceptions.

During the call, one activist reminded the group about the law’s strict requirements for doctors. “The burden of proof, the onus, is on the doctor to prove that he or she was in the right.”

“It’s not that [the doctor] didn’t violate the text of the statute, it’s that they had a justifiable reason to do so,” said another activist. “And that reason — you’ve drawn it very narrowly — is to save her life, to prevent an organ system from failing.”

“Abortion Is Illegal, All the Time” Katie Glenn, state policy director at Susan B. Anthony Pro-Life America, discusses how Tennessee’s total abortion ban addresses life-threatening medical emergencies. (Webinar audio reviewed by ProPublica)

A Tennessee lawmaker on the call suggested health data could be mined to track and investigate doctors, to make sure the abortions they provided to save patients' lives were truly necessary.

The discussion also captured anti-abortion groups coaching legislators on messages aimed at swaying the wider public to support their stance.

One researcher said that when lawmakers are challenged about the state’s lack of exceptions for rape and incest cases, they should try to “hide behind the skirts of women” who carried such pregnancies to term and believe abortion is wrong. Others suggested “negativity” toward the law would fade and raised the possibility of regulating contraception and in vitro fertilization in a few years’ time.

ProPublica reached out to National Right to Life, Tennessee Right to Life, Susan B. Anthony Pro-Life America and the Charlotte Lozier Institute. They did not respond to emails and calls seeking comment.

In the chat box, state Rep. Susan Lynn, who originally sponsored the law in the House, typed a question: “9 months after the enactment of this law, can we organize with the crisis pregnancy centers to see some of these babies? <3.”

Will Brewer, the state’s most influential anti-abortion lobbyist, responded: “Yes!”

“A Lot More Complex”

Briggs, a heart surgeon and a retired U.S. Army colonel, was unimpressed.

A Methodist who considers himself a pro-life “Reagan Republican,” Briggs would prefer not to get involved with abortion politics at all. He told ProPublica that he sometimes wishes men would “recuse themselves from the whole thing, because we don’t need to be talking about that.”

But the trigger law he’d supported was now staring him in the face. As a physician, he felt the anti-abortion lobbyists were “skirting around” serious health care questions that the law’s language fails to address and instead were presenting “a simpleton’s message.”

“They really don’t want me talking when I bring up these medical issues,” Briggs said. “Because the medical issues are a lot more complex.”

Tennessee state Sen. Richard Briggs (Jack Sorokin, special to ProPublica)

When Tennessee Right to Life, the state’s main anti-abortion lobbying group, proposed the trigger ban in 2019, Briggs admits he barely read the two-page bill forwarded to his office.

He followed the lead of his colleagues, who assured state lawmakers that the bill included medical exceptions. He even added his name as a co-sponsor. “I’m not trying to defend myself,” he says now.

There was little pushback from advocates, doctors or Democrats at the time. Many took it to be a far-fetched stunt, doomed by the safeguards of Roe v. Wade.

When a Senate Democrat proposed changes that would allow abortion in cases of rape or incest, Briggs didn’t counter the chorus of “nays.”

The Democrat then narrowed her amendment to only apply to minors, but it was shot down too. The bill sailed through as originally written.

Briggs says he didn’t understand it at the time, but the law he voted for so quickly was part of a flurry of legislation that anti-abortion groups had pushed in Republican-majority statehouses after the confirmation of Supreme Court Justice Brett Kavanaugh energized the movement. Many states passed similar trigger bans, and Tennessee ended up with the strictest version: a criminal statute that contains no explicit exceptions. Not even for the life or health of the pregnant person.

It does include a legal mechanism called the “affirmative defense” that can be used in life-threatening emergencies. The defense is written in such a way that it means doctors who provide an abortion must “prove by a preponderance of evidence” that the procedure was necessary to save the pregnant patient’s life or prevent “irreversible impairment of a major bodily function.” No state agencies have released standards to help clarify what counts. The boundaries of enforcement would be left up to prosecutors and the courts.

"There has to be medical judgment … [or] you’ve got the legislature practicing medicine, which they have no business at all doing."

—Tennessee state Sen. Richard Briggs

In past years, Briggs often earned a 100% rating on Tennessee Right to Life’s scorecard for legislators who support the group’s policy priorities. But as outcry over the ban grew, he found himself agreeing with medical providers who said the law had gone too far.

“Here, the defendant is guilty until he can prove that he’s not guilty,” he said. “In my opinion, that is a very bad position to put the doctors in — why should this doctor have to pay his own legal bills for saving a woman’s life?”

A judge blocked a similar “affirmative defense” provision in Idaho’s abortion ban for “injecting tremendous uncertainty” into emergency care for pregnant patients.

Many Republicans argue that physicians are fearmongering and say it’s inconceivable that a prosecutor would use their discretion to go after a doctor for terminating a pregnancy for someone whose life was at risk. In the more than two months since the law has gone into effect, they point out, zero doctors have been arrested.

The law’s goal, they say, is to shut down what they call “elective” abortions that often happened at family planning clinics like Planned Parenthood.

Briggs agrees with that goal. But he looked at abortion bans in other conservative Southern States: They included explicit exceptions.

His position seems to more closely reflect the attitudes of the majority of Tennesseeans: While 50% identify as “pro-life,” 80% believe abortion should be either completely legal or legal under some conditions.

But his public statements, particularly in a debate with his Democratic opponent ahead of last week’s election, led to tense meetings with anti-abortion groups, Briggs says.

The Oct. 27 video meeting was advertised as an opportunity to hear “why Tennessee’s law is on solid ground and how medical facts back it up.” Briggs registered to attend.

Opening the call, Brewer, the legal counsel and lobbyist for Tennessee Right to Life, implored lawmakers not to tell the press that they had only voted for the law because they thought Roe would never be overturned. He urged them not to agree to any calls for clarification or new exceptions.

“We Need to Defend This Law” Will Brewer, legal counsel and lobbyist for Tennessee Right to Life, asks lawmakers not to rewrite the state’s abortion ban to include clearer exceptions that would address concerns about doctors’ ability to intervene in high-risk situations for pregnant patients. (Webinar audio reviewed by ProPublica)

Instead, he advised lawmakers to wait for any backlash to die down and to continue to “play offense” in the abortion wars.

“It’s not something that we stumbled into,” Brewer said on the call. “It wasn’t just a PR move or to stoke the fires of our base. This was a law that we knew would come into effect, hopefully sooner rather than later, and we wanted Tennessee to be prepared.”

He was joined by members of the national anti-abortion group Susan B. Anthony Pro-Life America and a researcher affiliated with their nonprofit arm, the Charlotte Lozier Insitute. None of the speakers had medical experience.

Katie Glenn, Susan B. Anthony Pro-Life America’s state policy director, counseled lawmakers to let the law sit for another 200 days before reacting to any polls that showed Americans want more exceptions. The protests, she assured them, would fade as people moved on.

“It can feel like, ‘What did we do? We need to go back and like, tear this all apart and open up the law and change all these things,’” she said “But I really want to urge you tonight, if you take away nothing else from what I say in the next few minutes, please have confidence in your work.”

“Maybe your caucus gets to a point … where you do want to talk about IVF, and how to regulate it in a more ethical way, or deal with some of those contraceptive issues.”

—Stephen Billy, vice president for state affairs at Susan B. Anthony Pro-Life America

She laid out why the anti-abortion movement sees Tennessee’s ban as so important: “The way that many state laws work is they’ll say, ‘Abortion, elective abortion, is generally illegal except in these situations.’ … That’s the way they phrase it, is around this word of an ‘exception,’” she said. “What y’all did is you said, ‘Elective abortion is illegal all the time.’”

Brewer contrasted an “emergency room middle of the night instance, where a woman is bleeding” — which he made clear he believes the law’s affirmative defense covers — with a situation where a woman might want to terminate a pregnancy because of a high-risk medical history.

“That is not an urgent need,” he said. “We want to make sure that these quasi-elective abortions are being stopped.”

Glenn said cases involving abortion pills should not be permitted under the law because the process takes multiple days.

“Nothing about that is an emergency,” she said. Brewer and Glenn did not respond to requests for comment.

In the chat box, Lynn, the representative who first introduced the trigger ban, asked Brewer to check with the state Department of Health to find out if data could be monitored to flag doctors who performed abortions at a higher rate so they could be investigated to find out if patients’ lives were truly at risk.

“Do we need to follow up on that at some point and make sure that they are looking for the outliers?” she wrote.

“Yes we do,” Brewer responded.

Lynn did not respond to requests for comment.

After listening to the call, Briggs reflected on his 44 years of medical experience. He could think of plenty of dangerous and heart-wrenching situations that fall into the gray area Brewer and Glenn did not discuss.

What about ectopic pregnancies that grow outside the uterus, Briggs remembered thinking. If those aren’t dealt with, they could eventually rupture the fallopian tube, where most such pregnancies occur, and lead to death. Rarely, an ectopic pregnancy can attach to a cesarean scar, and in some of those cases, it may be possible to bring the pregnancy to term — though doing so risks serious complications, including uterine rupture and death. Yet the law gives no guidance on how to handle those cases, he thought. It defines a pregnancy simply as having a fertilized egg “within the body,” not specifically within the uterus. (Other abortion bans specify that treating an ectopic pregnancy is legal.)

Sometimes, Briggs knew, terminating a pregnancy could stop a dangerous condition before it becomes truly life-threatening. He pointed out other cases the law did not address: What about someone was diagnosed early in pregnancy with preeclampsia, which can lead to life-threatening complications? Or a patient whose water broke too early, leaving them nearly certain to eventually miscarry and at risk for sepsis? What about a patient with cancer or preexisting medical conditions that a pregnancy could brutally complicate?

How sick did a patient need to be before a pregnancy could be terminated? And was a doctor really supposed to wait to provide that care until the patient faced a truly immediate life-or-death situation?

“I think that’s wrong. I think that’s not the standard of care,” Briggs said. “If you willfully neglect her, then that goes from being malpractice to criminal.”

“It’s not something that we stumbled into. It wasn’t just a PR move or to stoke the fires of our base. This was a law that we knew would come into effect, hopefully sooner rather than later, and we wanted Tennessee to be prepared.”

—Will Brewer, legal counsel and lobbyist for Tennessee Right to Life

More than 1,000 Tennessee medical professionals have publicly opposed the law on the grounds that it interferes with care for miscarriage, ectopic pregnancies, serious infections and cancers during pregnancy. They have joined activists in asking the governor to convene a special legislative session to review the law, but he has repeatedly said he’s comfortable with it.

Briggs said a woman recently told him she believed 100% of women with cancer would want to continue their pregnancies instead of terminating to undergo chemotherapy. But Briggs knew that wasn’t true. How would a cancer patient who is already a parent assess their chances, for example? “That could mean a child raised without their mother,” he said. “The bottom line is it’s a woman’s decision, it shouldn’t be the decision of the legislature that she can’t do chemotherapy.”

There are many situations like that, Briggs said. Situations that aren’t black-and-white, that involve an intensely personal risk assessment, where every option comes with some measure of heartbreak.

As a surgeon, Briggs had dealt with cases of fetal anomalies, including cases where babies would be born without properly developed hearts or brains. Some could be operated on, but others clearly wouldn’t be able to survive. Watching their induced deliveries was bracing. “You really have a little baby there you just let sit there until it dies — to get cold and die,” he said. “I think anybody would be affected.”

Briggs is one of the few Republican legislators calling for clear exceptions to be added to the state’s total abortion ban in the upcoming legislative session. (Jack Sorokin, special to ProPublica)

Briggs says some Republican leaders have asked him to further define the health exceptions he’d like to see in the law. But he doesn’t see lists as the answer. The American College of Obstetricians and Gynecologists has said creating lists of exceptions is dangerous because they can interfere with a medical provider’s ability to assess fast-moving health indicators.

“You can’t hit every exception — there has to be medical judgment,” Briggs said. Otherwise, “you’ve got the legislature practicing medicine, which they have no business at all doing.”

“Hide Behind the Skirts of Women”

To Briggs, the anti-abortion lobbyists were asking lawmakers to respond to legitimate questions from voters with answers that weren’t based in science.

On the webinar, Briggs listened as the organizers brought on David C. Reardon, a researcher associated with the Charlotte Lozier Institute, the nonprofit research arm of Susan B. Anthony Pro-Life America. Reardon outlined a strategy that lawmakers could lean on when asked about rape and incest exceptions.

There is “no peer-reviewed medical evidence that shows that abortion in and of itself produces any benefit to women,” he advised the legislators to say. He claimed that abortion is connected with higher mortality and breast cancer rates. Briggs found his arguments suspect.

“Where in the world that came from, I have no idea,” Briggs said after the call. “I don’t think that Dr. Reardon was a physician.”

Reardon has a Ph.D. in biomedical ethics from a since-closed unaccredited online university, according to documents he provided to ProPublica. For decades, he has been publishing work that spreads doubts about the safety of abortion but that the wider medical community views as drawing inappropriate conclusions from cherry-picked data to serve an agenda.

“The flaws in his research are so profound that no person with minimal training in biostatistics and epidemiology would use these methods,” said Elizabeth Janiak, an assistant professor of social and behavioral science at Harvard T.H. Chan School of Public Health.

“[Anti-abortion lobbyists] don’t want to change it one bit. It’s like: We won the election and we got what we want, and we’re not going to compromise.”

—Tennessee state Sen. Richard Briggs

The American Cancer Society says scientific evidence does not support the theory that abortions raise the risk of breast cancer. The National Academies of Sciences, Engineering and Medicine reviewed existing research and found the risk of death after a legal abortion is a small fraction of the risk of carrying a pregnancy to term. They also found that previous studies linking abortion and long-term mortality rates had not adjusted for social risk factors and “no clear conclusions” could be drawn from them. A large body of peer-reviewed work finds that having a wanted abortion is not associated with worse health or mental health outcomes. Instead, denying a woman a wanted abortion is linked to worse economic and health outcomes and can strengthen a woman’s ties to a violent partner.

Reardon told the lawmakers he recently co-authored a book that was based on interviews with nearly 200 women who became pregnant due to rape or incest and felt misunderstood by the public discussion around abortion. Some of them, he said on the call, were coerced into an abortion by the parent or abuser who sexually assaulted them “to cover up their crime.” Those who carried to term, he said, “were overwhelmingly glad that they did.” He suggested lawmakers use their stories when talking to voters.

“It’s a dangerous assumption that women who have rape pregnancies have to have an abortion,” Reardon said. “I encourage you to be able to, in a certain sense, hide behind the skirts of women who’ve actually been there. Bring their voices forward. Challenge the other side to demonstrate that abortion actually benefits women.”

When reached for comment, Reardon said the phrase “hide behind the skirts of women” wasn’t the word choice he intended.

“Even as it slipped out, I knew it wasn’t what and how I wanted to say it,” he said. “What I have been advocating for years is that politicians should invite the women who have actually had sexual assault pregnancies, no matter what side they are politically, to testify before their legislatures.”

“Hide Behind the Skirts of Women” David C. Reardon, a researcher affiliated with the Charlotte Lozier Institute, advises lawmakers to read a book he co-authored interviewing nearly 200 women who became pregnant due to sexual assault. He encouraged them to use those stories in public discussions about allowing abortion to be legal in cases of rape or incest. (Webinar audio reviewed by ProPublica)

Reardon said many of the experts and studies on this topic have ties to pro-abortion-rights groups and disputed that his research is misleading. He said he enrolled in a Ph.D. program at Pacific Western University at a time when no accredited programs in biomedical ethics existed, and because it allowed him to combine his studies with full time work and raising a family. He said the coursework involved reading, writing and submitting nearly 50 papers that demonstrated a solid understanding of foundational literature in addition to his dissertation, and that he has since been published in medical journals and invited to serve as a peer reviewer of other researchers looking into abortion issues.

In a detailed response, he also acknowledged more complexity than he had expressed on the call.

To lawmakers in the webinar, he said that abortion is “something we know increases mortality rates of women.”

In response to ProPublica, he said: “While it is difficult to prove when, if ever, abortion is ever the direct and sole cause of any negative effect, it is equally (and perhaps harder) to prove when, if ever, abortion is the direct cause of any positive effects.”

On the call, Stephen Billy, Susan B. Anthony Pro-Life America’s vice president for state affairs, advised lawmakers to follow the “mantra” of “contrast and compassion.” When questioned about rape and incest exceptions, he said, they could turn the question around.

“The other side’s position is an assumption that abortion is going to be the right decision at every point in time,” Billy said. “Voters in Tennessee will be with us when we say our position is to protect that child and just stand with that mother so she can love her child.”

But Briggs recalled wondering who was going to support those children, from buying diapers to paying for college. Those arguments rang hollow, he said, at a time when family health insurance costs businesses a reported $22,000 a year per employee and Republicans in his state have repeatedly blocked Medicaid expansion.

During his years working at a hospital, Briggs said, he had seen pregnancies carried by girls as young as 11. He believes there are ways to support children and adults who have been sexually assaulted and still allow the option of terminating the pregnancy. In the next legislative session, he said, he plans to support a bill that would test the DNA of any fetus aborted due to rape in order to confirm the attacker’s identity.

The Next Battle

In the chat, Lynn asked for advice on answering questions about in vitro fertilization and the morning-after pill. IVF, a fertility treatment, generally involves creating multiple embryos, and some may ultimately be discarded. The morning-after pill is emergency contraception that prevents pregnancy if taken soon after unprotected sex. Some wings of the anti-abortion movement would like to see both banned or tightly limited because they believe those procedures amount to terminating human lives. The definition of an “unborn child” in Tennessee’s law starts at fertilization.

Responding to Lynn, the speakers suggested keeping the focus on the current law and reminding voters that IVF clinics and contraception are still available in Tennessee.

IVF and Contraception Stephen Billy, the vice president of state affairs for Susan B. Anthony Pro-Life America, advises lawmakers not to discuss regulating in vitro fertilization and contraception with voters when discussing the current law. They can revisit the topic in a few years’ time, he tells them. (Webinar audio reviewed by ProPublica)

“Maybe your caucus gets to a point next year, two years from now, three years from now, where you do want to talk about IVF, and how to regulate it in a more ethical way, or deal with some of those contraceptive issues,” said Billy. “But I don’t think that that’s the conversation that you need to have now.” He did not respond to requests for comment.

As Billy wrapped up, he advised: “I think we have to be really careful that we don’t present our side of the argument as if we’re making the best decision for individual women.”

ProPublica asked about 70 lawmakers who sponsored the law if they wanted to see changes to it in the next legislative session. Two responded.

“Based upon our findings, it seems the current language is clear,” said state Rep. Ryan Williams.

“Just because somebody’s life started in a traumatic way does not mean that life should be destroyed,” said state Sen. Mark Pody.

In interviews, Brewer has said that he wants lawmakers to introduce bills that strike at the remaining avenues through which Tennesseans can access abortion. That could include passing laws that more tightly regulate online access to abortion pills and block companies from subsidizing employees’ travel to other states to terminate pregnancies. He said he would also like to stop “marketing efforts” from out-of-state abortion clinics that advertise within the state.

Brewer reminded the lawmakers: “We passed this law to put our state in a strong position. And we need to defend this law.”

Briggs didn’t raise any of his concerns during the webinar. He said he had already voiced them to Brewer in private conversations.

“They don’t want to change it one bit,” Briggs said of Tennessee Right to Life. “It’s like: We won the election and we got what we want, and we’re not going to compromise.”

Are You in a State That Banned Abortion? Tell Us How Changes in Medical Care Impact You.

Mollie Simon contributed research.

by Kavitha Surana

Missouri Allows Some Disabled Workers to Earn Less Than $1 an Hour. The State Says It’s Fine If That Never Changes.

2 years 5 months ago

This story is available in plain language.

This article was produced for ProPublica’s Local Reporting Network in partnership with The Kansas City Beacon. It was also co-published with St. Louis Public Radio and the Jefferson City News Tribune. Sign up for Dispatches to get stories like this one as soon as they are published.

One weekday morning in July, Kerstie Bramlet was at her workstation inside the Warren County Sheltered Workshop near St. Louis, Missouri, putting plastic labels on rabbit-meat dog chews one by one.

The 30-year-old, who wore a St. Louis Cardinals shirt and a blue-and-white tie-dye hat, is autistic and has intellectual disabilities. She was on dog-chew assignment that day with a dozen or so coworkers, who are also disabled. As they chatted excitedly about an upcoming bocce ball tournament — part of a local Special Olympics event — Bramlet and her coworkers formed an assembly line of sorts, some counting the dog chews using a gridded piece of paper to ensure they reached the right total before handing them off to a supervisor for shrink-wrapping.

Eventually, a six-pack of the dog chews would be sold on Amazon for $14.99.

For this work, Bramlet earns $1.50 an hour. It’s legal to pay her such a low rate because she works at what is known as a sheltered workshop, which can pay subminimum wages to disabled workers like her under a federal law enacted more than 80 years ago. At that rate, if Bramlet kept a full-time schedule working 40 hours a week and took no time off, she’d earn $3,120 a year, less than a quarter of the federal poverty level.

Kerstie Bramlet earns $1.50 an hour at a sheltered workshop. (Arin Yoon, special to ProPublica)

By design, employment in sheltered workshops is supposed to be a temporary measure — a training process to allow disabled adults to transition into the regular workforce.

But Bramlet, who lives with her 49-year-old mother, has been working at the Warren County Sheltered Workshop off and on since 2014, and her long tenure is not uncommon in Missouri.

An investigation by The Kansas City Beacon and ProPublica found that, as of June 30, the vast majority of the more than 5,000 disabled adults employed at Missouri’s 97 sheltered workshop locations have been there for years. The news organizations’ analysis of employment data shows that nearly 45% of the employees have worked at the facilities for at least a decade, and 20% have been there for two decades. The longest-serving employee has stayed for more than 50 years.

That’s because very few employees ever “graduate.” From January 2017 through June 2022, only 2.3% of all sheltered workshop employees in Missouri left for a regular job, according to an analysis of employment data by the Beacon and ProPublica.

Missouri officials chalk the low graduation rate up to the fact that sheltered workshops in the state are not focused on helping their employees transition into the regular workforce — even though state law says they are intended to help disabled adults “progress toward normal living.”

“Missouri’s program was not built as a rehabilitation program,” said Dan Gier, sheltered workshop director at the Missouri Department of Elementary and Secondary Education.

“It was designed [as] an employment program to allow the disabled adults in Missouri to work that would have not succeeded anywhere else.”

Missouri is an outlier: At least 14 states have adopted laws or policies that completely phase out sheltered workshops or subminimum wages. At least 10 others have considered similar actions in recent years. This shift has come on the heels of a number of studies showing that sheltered workshops across the country were failing to live up to their goal, including a 2001 estimate by the Government Accountability Office that no more than 5% of employees were transitioning into the regular workforce.

Amid growing calls to eliminate subminimum wages at the federal level, Missouri instead deepened its commitment to sheltered workshops last year. Currently, the U.S. Department of Labor is the only agency empowered to issue certificates that allow the facilities to pay below the minimum wage. In July 2021, Missouri lawmakers passed a measure to develop the state’s own system of issuing the certificates, in case the federal government stops issuing them — a move that experts say no other state has taken.

Workers sort, count and package dog treats at Project CU. (Arin Yoon, special to ProPublica)

State Sen. Bill White, a Republican who was one of the measure’s key supporters, said falling in line with other states to phase out sheltered workshops in Missouri would be a mistake.

“This wonderful idea that we’re going to put everybody in the mainstream and everybody will be able to participate and function perfectly in this economy isn’t true,” White said. “They’re just not as able to be as fast, as productive and as efficient.”

Critics say Missouri’s stance on sheltered workshops is akin to treating disabled adults as second-class citizens, keeping them segregated and reliant on disability payments or family support for their entire lives.

“They lose the opportunity to craft their own life,” said Judith Gross, director of the Center on Community Living and Careers at Indiana University. “They will never have freedom of choice of recreation, nor where they live, nor how they make their money.”

Advocates point to the long-term successes of states like Vermont — the first to eliminate sheltered workshops — as evidence that disabled adults can find gainful employment.

Within three years of closing its last sheltered workshop in 2002, Vermont officials reported that about 80% of the facility’s former employees had transitioned into the regular workforce. In the decades that followed, the state’s employment rate for people with intellectual and developmental disabilities rose to more than twice the national average.

Cheryl Bates-Harris, senior disability advocacy specialist at the National Disability Rights Network, a nonprofit advocacy group, said Missouri’s sheltered workshop supporters are “diehards” who are out of step with the growing opposition nationwide.

“Missouri is what I like to call the king of sheltered workshops,” Bates-Harris said. “It’s a situation that has never been good, and Missouri is just fighting it, probably worse than anyone else.”

The legal right to pay people with disabilities below the minimum wage is as old as the minimum wage law itself. In 1938, Congress included a clause in the Fair Labor Standards Act to authorize subminimum wages, a move heralded by disability rights advocates as a progressive step for a community with few other options at the time.

Across the country, sheltered workshops exploded in number from the 1950s through the 1970s, coinciding with the passage of additional laws that spelled out the federal government’s priority: helping disabled adults move on from subminimum wages by learning new skills that would allow them to succeed in the regular workforce.

In 1966, Congress amended the Fair Labor Standards Act, ordering the Labor Department to study the feasibility of raising wages at sheltered workshops. It also mandated changes with the goal of “improving the economic circumstances of handicapped workers, speeding their movement into fully productive private employment, and assuring that such workers are not exploited through low wages,” according to a Senate report.

Missouri first established its system for funding and oversight of sheltered workshops in 1965, the culmination of a successful campaign by disabled adults’ family members who argued that being able to work — even with low pay — would at least keep their loved ones from sitting at home all day. While the state embraced the low-wage part of the federal government’s goals, it didn’t adopt the rehabilitative aspect of helping sheltered workshop employees transition into the regular workforce.

Nearly 45% of sheltered workshop employees have worked in the facilities for at least a decade. (Arin Yoon, special to ProPublica)

Today, many of the 97 sheltered workshop locations in Missouri function as light manufacturing assembly lines, completing tasks such as packaging medical gear and building automobile parts. Several others are recycling facilities. Their operations are primarily sustained through the sales of the goods and services produced by their employees, in addition to some state and local funding.

On average, Missouri’s sheltered workshop employees earn less than $4 an hour, according to a Beacon-ProPublica analysis of federal Department of Labor wage data for more than 3,000 employees. Fewer than 10% earned above the federal minimum wage of $7.25 an hour, and almost none made above Missouri’s minimum wage of $11.15 an hour, the analysis shows. The lowest-earning employees took home an average of less than a dollar an hour.

Sheltered workshop employees’ pay rates — in Missouri and elsewhere — are determined based on their productivity. As a result, wages can vary widely from one employee to the next, and some can earn more than the minimum wage. Pay rates are determined through a process known as “wage surveys,” conducted at least every six months, which adjust pay based on the assessment of an employee’s work output compared to that of a nondisabled worker.

Subminimum wages can work to sheltered workshop employees’ advantage, allowing them to work at their own pace, said Kit Brewer, executive director of Project CU, a St. Louis sheltered workshop.

Kit Brewer, executive director of Project CU, also serves as the legislative chair of the Missouri Association of Sheltered Workshop Managers, a trade group. (Arin Yoon, special to ProPublica)

“It allows an individual to go to work to be as productive as their skill level enables them and to not have the outside pressures of some sort of quota-based system,” said Brewer, who serves as the legislative chair of the Missouri Association of Sheltered Workshop Managers.

Critics say the system is rigged against disabled employees, forcing them to constantly prove their worth in a way nondisabled workers are never asked to do.

“Why is that fair?” asked Rick Glassman, director of advocacy at the Disability Law Center, a Massachusetts-based nonprofit. “There are these biases that are just baked into the system.”

State Rep. Bridget Walsh Moore, a Democrat whose leg was amputated during bone cancer treatment, said she rejects the idea of paying people less based on their disabilities, but she supports keeping sheltered workshops as an option within the broader spectrum of disability services.

“An hour of someone’s time is an hour of someone’s time,” Walsh Moore said at a legislative hearing last year. “When we start putting a literal value attached to certain types of people — which is exactly what we’re doing when we say, ‘You are worth this, but you are only worth this. You’re below what we have established as a minimum’ — what are we saying to that individual?”

In recent years, the federal government has encouraged states to move away from sheltered workshops through several new initiatives. One of the most significant came in 2014, when Congress passed the Workforce Innovation and Opportunity Act, requiring that subminimum-wage employees receive annual career counseling.

One of the law’s goals was to ensure that disabled adults only enter or remain in sheltered workshops if it is their “informed choice” to not seek a job in the regular workforce.

Many states took the law’s requirements as an incentive to ramp up their sheltered workshop graduation rates or eliminate subminimum wages altogether, arguing that the practice of paying people with disabilities less is discriminatory and exploitative.

Chaz Compton, former project director for the Workforce Innovation Technical Assistance Center, a federally funded program to help states comply with the law’s requirements, said it was clear early on that Congress’ goal was being achieved in many places. The numbers of subminimum-wage employees and employers have both been trending down, he said.

In Missouri, however, the law has not had as much impact.

Even after receiving career counseling, very few in Missouri have sought help from Missouri Vocational Rehabilitation, the primary resource through which disabled adults in the state receive employment support, such as on-site job coaching, career planning and trial work experiences. Since the rules on career counseling went into effect in 2016, an average of 1.15% of sheltered workshop employees have requested services each year following career counseling, according to an analysis of Missouri Vocational Rehabilitation data by the Beacon and ProPublica. From 2017 to 2021, only 13 employees have graduated out of sheltered workshops through this process, the analysis shows.

The 2014 law doesn’t specify exactly how these career counseling sessions should be conducted, but several experts who have studied the subject say a key determinant of success is how individualized the counseling is — and this is where Missouri’s method falls short.

In Missouri, all subminimum-wage employees in sheltered workshops are gathered in groups once or twice a year and shown a video, according to Missouri Vocational Rehabilitation guidance documents obtained through an open records request.

In Minnesota, by contrast, each subminimum wage employee is provided with one-on-one counseling to discuss work options, according to a state task force on eliminating subminimum wages.

“It’s not an informed choice if you don’t have the information about what the possibilities are,” Compton said.

Amy Bowen, manager of youth services at Missouri Vocational Rehabilitation, said that her agency has no plans to change how it provides career counseling and its approach is in compliance with the law. She added that the low number of career counseling recipients in the state expressing interest in employment support is reflective of each individual’s informed decision. “They're choosing to remain where they are working at this point in time,” she said.

When sheltered workshop employees do seek employment support from Missouri Vocational Rehabilitation, they face an uphill battle.

From 2017 through 2020, Missouri Vocational Rehabilitation received applications for its services from nearly 500 people who were either employees of sheltered workshops or referred to the agency by one of the facilities. But it turned away applicants from sheltered workshops based on determinations that their disabilities were too significant at the highest rate in the country, according to an analysis of U.S. Rehabilitation Services Administration data by the Beacon and ProPublica.

As in other states, the agency’s employees in Missouri are given discretion to turn away people who are deemed ineligible when state employees find “clear and convincing evidence” that applicants’ disabilities would prevent them from benefiting from the agency’s services, according to state vocational rehabilitation instruction guides.

Missouri denied services to more than 35% of applicants from sheltered workshops on this basis. That’s more than six times the turn-away rate in Illinois, which rejects such applicants more often than any state but Missouri.

Among sheltered workshop employees who received services from Missouri Vocational Rehabilitation, fewer than a third found a job in the regular workforce. Missouri ranks 42nd in the country on this metric, the analysis shows.

Chris Clause, assistant commissioner of adult learning and rehabilitative services at Missouri’s education department, said the state has not looked into how often it turns away sheltered workshop employees based on the severity of their disability.

“I don’t have an answer that I can provide as to why it would be higher than other states,” Clause said. “We’re operating in accordance with the law as we’re required to.”

Missouri is the only state in the country that refuses to accept any federal funding for the day-to-day operations of its sheltered workshops — a practice first adopted by state lawmakers in the 1960s. State officials say doing so is in line with Missouri’s long-standing core values.

Project CU workers count, fold and package rags. Many of them earn less than minimum wage. (Arin Yoon, special to ProPublica)

“They believed work brings dignity, brings pride, brings income, brings self-reliance, brings the ability to pick and choose, just as employment for the average American does,” said Gier, Missouri’s sheltered workshop director.

Advocates say Missouri’s decision allows the state to avoid requirements — including those aimed at ramping up the graduation rates — that come with federal funding.

Other states often apply those funds to help remove employment barriers, such as the lack of transportation, that sheltered workshop employees frequently face when transitioning into regular jobs. In September, 14 states were awarded a combined $177 million in Department of Education grants that can be used for this purpose. Illinois, the only state with more sheltered workshops than Missouri, received nearly $14 million.

But Missouri didn’t apply for the grants. Mallory McGowin, chief communications officer for Missouri’s education department, said the state is exploring ways to expand employment support for disabled adults using existing resources.

Steven Schwartz, legal director for the Center for Public Representation, a national public-interest law firm based in Massachusetts that advocates for people with disabilities, said Missouri’s rejection of federal funds for sheltered workshop employees makes no economic sense if the state is really serious about providing support.

Missouri is settling for providing subpar support “when it could have federally funded employment services for the very same people,” Schwartz said.

For many disabled adults and their families in Missouri, the state’s failure to help remove the employment barriers has left them with little choice: They believe that the best option they have is to work at a sheltered workshop. And they don’t want that choice to go away.

Dozens of current sheltered workshop employees and their families told the Beacon and ProPublica that this is why they support the state’s defense of sheltered workshops. They also said they support subminimum wages because they worry that higher pay might mean they could lose their federal disability benefits.

“Granted they don’t make as much money, but they are safe and they’re happy,” said Susan Bianchi, whose son lives with her and has worked at Project CU for 17 years.

Even Bramlet from the Warren County Sheltered Workshop said her workshop provides resources she wouldn’t get elsewhere, such as transportation to and from work — a service many sheltered workshop operators provide.

Bramlet is now taking a temporary break from work to address medical issues, but she said she will return to the workshop as soon as she can. “It’s what’s best for me,” she said.

Gross, of the Center on Community Living and Careers, said she often heard similar sentiments when she led a project at the University of Kansas to help educate disabled adults and their families on their employment options. She said this is fueled by inaccurate information on available resources and poor guidance on how to navigate what can be a complex process for getting support.

While educating families can help, Gross said, it’s still difficult to convince people to change long-held beliefs when they rarely see success stories in their own communities. “Expectations are largely framed by our experience, by what we know,” she said.

Sharrah Welch, 36, a former sheltered workshop employee who made the transition into the regular workforce four years ago, said her experience could serve as a model for others.

Welch had been working for more than a decade at the Center for Human Services’ sheltered workshop in Sedalia, Missouri, when the facility closed. Staff helped employees find regular jobs.

Welch, who has attention deficit hyperactivity disorder and fetal alcohol syndrome, said she was initially apprehensive about making any career switch. But the support she received made the difference in her success, she said.

“It helped me a tremendous amount,” Welch said about the services that her sheltered workshop provided, such as offering a job coach to help her learn the ropes of her current position working machines at a broom factory. “It’s sad that in this world so many people put us down like, ‘Oh, they have a disability. They can’t do the job.’ Because you know what, [they’re] wrong. … We can do it, just with some help.”

Help Us Learn About Sheltered Workshops in Missouri

Alex Mierjeski and Gabriel Sandoval contributed research, Hannah Fresques contributed data reporting and Maryam Jameel contributed reporting.

by Madison Hopkins, The Kansas City Beacon

Pressure Grows on Real Estate Tech Company Accused of Colluding With Landlords to Jack Up Apartment Rents

2 years 5 months ago

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A Texas-based real estate tech company is facing a new barrage of questions about whether its software is helping landlords coordinate rental pricing in violation of antitrust laws.

Seventeen Democratic members of the U.S. House of Representatives sent a letter Monday to the Department of Justice and the Federal Trade Commission asking the agencies to investigate RealPage’s rent-setting software. In an Oct. 15 story, ProPublica detailed how RealPage’s pricing algorithm uses competitor data to suggest new prices daily for available apartments.

In the letter, Reps. Jesús “Chuy” García and Jan Schakowsky, both from Illinois, and other Democratic leaders said that if big property managers and RealPage formed a cartel to artificially inflate rents and decrease the supply of apartments, they could face “potential criminal prosecution.”

The representatives noted that RealPage became dominant in the industry after it purchased its largest competitor in 2017. The Justice Department reviewed the merger but allowed it to proceed.

“Our constituents cannot afford to have anticompetitive — and potentially per se illegal — practices drive up prices for essential goods and services at a time when a full-time, minimum-wage salary does not provide a worker enough money to rent a two-bedroom apartment in any city across this country,” they said.

A major driver of inflation, median U.S. asking rents grew year-over-year by as much as 18% this spring, before the growth rate slowed this fall, according to a study by real estate firm Redfin. This came, the representatives noted, after the 10 biggest publicly traded apartment companies saw profits rise by more than 50% last year, to almost $5 billion.

The Justice Department and Federal Trade Commission did not respond to requests for comment.

The House letter adds to growing legal and regulatory pressure on RealPage. U.S. Sen. Sherrod Brown recently sent a similar request to the FTC calling for a review of the company’s practices. Last month, renters filed a lawsuit in San Diego alleging the company facilitated collusion among nine of the nation’s biggest property managers. Two more lawsuits have been filed since then. All of them seek class action status.

One suit filed Friday on behalf of two Seattle renters alleges a broad pattern of collusive behavior by RealPage and a group of 10 large property managers.

It says that in addition to using RealPage software to inflate rents in downtown Seattle, property managers had employees call competitors regularly seeking detailed nonpublic information on what they were charging — which the employees would change their prices to match. The lawsuit quoted what it said was a former employee of Greystar, the country’s largest property management firm.

“You’d call up the competition in the area,” the former employee said, according to the lawsuit. “Sometimes there’d be a list of 10 people to call. Sometimes just one. You’d ask what they are charging for their apartments. Then you’d literally change the prices right there on RealPage. Manually bump it up.

“It was price-fixing,” the employee continued, according to the lawsuit. “What else can you call it when you’re literally calling your competition and changing your rate based on what they say?”

The lawsuit quoted another former Greystar employee who described making similar calls in Seattle. The worker said someone from another property manager would call looking for pricing information two or three times a day, and added, “If somebody called me looking for numbers, I’d tell them and then turn around and say, ‘now it’s your turn. What are your numbers?’”

The lawsuit said that publicly available data showed that advertised rates for the properties offered by the defendants in the suit in the Seattle area were “consistently higher” than those of nondefendants.

Greystar and nine other firms named in the lawsuit did not immediately respond to requests for comment.

ProPublica found RealPage’s pricing software to be widely used in downtown Seattle, where rents have climbed steeply in recent years. In one neighborhood, ProPublica found, 70% of apartments were overseen by just 10 property managers, every single one of which used RealPage’s pricing software.

Another lawsuit, filed by the same group of lawyers earlier this month in U.S. District Court in Seattle, accused RealPage of helping landlords engage in anti-competitive behavior in the student housing market.

That lawsuit alleges that a University of Washington student paid higher rent prices because of collusion between landlords using RealPage’s software.

The lawsuit names as defendants some of the largest real estate firms in the world, including Greystar and Cushman & Wakefield. It accuses them of artificially inflating rent in such college towns as Seattle; Eugene, Oregon; Tucson, Arizona; Salt Lake City, Utah; Ann Arbor, Michigan; Columbus, Ohio; and Gainesville, Florida.

A spokesperson for Cushman & Wakefield, which also owns another firm named in the lawsuit, declined to comment.

In response to the San Diego lawsuit alleging collusion, a RealPage representative said the company “strongly denies the allegations and will vigorously defend against the lawsuit.” RealPage has said that the company “uses aggregated market data from a variety of sources in a legally compliant manner.” RealPage did not immediately respond to a request for comment on the new lawsuits and congressional letter.

RealPage said previously that its revenue management software prioritizes a property’s own internal supply and demand dynamics over such external factors as competitors’ rents. In an earlier statement, the company said its software helps eliminate the risk of collusion that could occur with manual pricing involving phone surveys of competitor prices.

RealPage’s software uses an algorithm to churn through a trove of data to suggest rent prices. The software uses not only information about the apartment being priced and the property where it is located, but also private data on what nearby competitors are charging in rents. The software considers actual rents paid to those rivals, not just what they are advertising, the company told ProPublica.

ProPublica’s investigation found that the software’s design and reach have raised questions among experts about whether it is helping the country’s biggest landlords indirectly coordinate pricing — potentially in violation of federal law.

Six other firms named in the student housing lawsuit did not immediately respond to requests for comment. One could not be reached.

The lawsuit alleges that before property managers began using RealPage’s software in around 2009, the student housing market in the U.S. was competitive, with landlords offering concessions and giveaways as incentives. It says that RealPage called such maneuvers leaving “money on the table.”

With the software, landlords in the highly concentrated market for student housing found they could set a “top tier price,” the lawsuit says. It adds that the company claims to have a comprehensive data set that includes key performance indicators for nearly 1,000 universities. YieldStar Student, pricing software tailored for student housing, served more than 50 clients as of 2019, the company claimed, according to the suit.

Clients submit detailed internal data on the rent they are charging for each unit to RealPage, the lawsuit says, citing the company. The company’s software recommends a price for each unit, it says, giving landlords “the courage to charge an inflated price by the implicit assurance that all of their competitors were doing the same.”

ProPublica reported previously that RealPage said its software helped its clients outperform the market by 3 to 7%.

The lawsuit said the collusion among property managers using the software eliminated the need for discounts or lower rent prices even at the start of the school year — traditionally a time when competition for student renters is the fiercest.

“Even if some beds remained empty, the monopoly rents RealPage helped extract from the rented units justified the unrented units,” the lawsuit says.

Once RealPage was widely adopted by student housing purveyors, the lawsuit says, landlords shifted “from the previous competitive ‘market share over price’ strategy to a new collusive ‘price over volume’ strategy.”

Pushing price over volume “is characteristic of a cartelized market,” the lawsuit says.

The new strategy increased prices regardless of market conditions and asked landlords to tolerate some unrented units, the lawsuit says — an approach that would fail in a competitive market.

“In the market RealPage and Lessors created, each Lessor had mutual assurances that other Lessors would also keep prices high, leaving students with no choice but to pay what Lessors demanded,” the lawsuit says.

One study of 2017-2018 data by RealPage and defendant Campus Advantage found one 576-bed complex outperformed its market by 14.1%, despite a “negative” occupancy change year over year, the lawsuit says. It adds: “RealPage advised property owners and potential clients, ‘If you want to outperform the market term after term, focus less on occupancy and more on strategic lease pricing.’”

In a statement emailed to ProPublica, Campus Advantage said it “strongly disagrees with the unsubstantiated allegations in the lawsuit and intends to vigorously defend against the claims. Campus Advantage is proud of its track record creating successful communities.”

The lawsuit says the defendants had an opportunity to conspire through RealPage’s User Group Forum, which is composed of clients who want to work together to help the company improve its products, as well as at other RealPage functions and industry trade association gatherings.

RealPage advisors would also be in regular contact with landlords “to keep them up to date on their competitors,” the lawsuit alleges.

RealPage’s actions were not widely known, the lawsuit says. “Only after the recent publication in October 2022 of an article in ProPublica was there a comprehensive presentation of the full scope of the confidential services that RealPage provides to its clients in the real estate industry,” it says.

by Heather Vogell

The Global Threat of Rogue Diplomacy

2 years 5 months ago

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After jetting into the capital of Ghana, the international arms broker who called himself “Excellence” greeted his buyers at the Golden Tulip hotel and proposed a secret sale: millions of dollars in missiles and grenades for use against American forces.

“Who else knows I’m with Hezbollah?” Faouzi Jaber asked as night fell on the four-star hotel with a life-sized sculpture of a giraffe in the lobby.

Jaber, who was representing a top operative for the Iran-backed terrorist organization, offered to sweeten the deal. He would help the buyers secure coveted positions as special diplomats — known as honorary consuls — who can travel easily through airports and transport their bags without law enforcement scrutiny.

“I will make you a consul in your country,” Jaber said. “All of your friends will be consuls because when we travel —”

His associate cut in: “You’ll have a diplomatic pass.”

Jaber’s covert offer in the fall of 2012, recorded by federal investigators, promised protection through a little-known international program that gives countries large and small the ability to enlist private citizens to serve as volunteer diplomats around the world.

An artist’s rendering depicting a Ghana hotel room meeting in 2012 between an international arms broker and his buyers. “I will make you a consul in your country,” Faouzi Jaber promised during the secret meeting at the Golden Tulip hotel. (Illustration by Matt Rota for ProPublica and ICIJ)

Founded centuries ago, the honorary consul system was meant as a lifeline for countries unable to afford foreign embassies but has since broadened into a mainstay of international relations, embraced by a majority of the world’s governments.

Unlike ambassadors and other professional emissaries, consuls work from their home countries, drawing on connections and clout to promote the interests of the foreign governments that appoint them. In exchange, consuls gain entry into the lofty world of diplomacy and receive some of the same protections and perks provided to career diplomats.

Under an international treaty, their archives and correspondence cannot be seized. Their consular “pouches” — bags, boxes and shipping containers of any weight and size — are protected from searches. The title and swag, which can include special identity cards, passports and license plates, open doors in industry and politics.

But corrupt, violent and dangerous appointees, including those accused of aiding terrorist regimes, have turned a system meant to leverage the generosity of honorable citizens into a perilous form of rogue diplomacy that threatens the rule of law around the world.

A first-of-its-kind global investigation by ProPublica and the International Consortium of Investigative Journalists identified at least 500 current and former honorary consuls who have been accused of crimes or embroiled in controversy. Some were convicted of serious offenses or caught exploiting their status for personal gain; others drew criticism for their support of authoritarian regimes.

These numbers are almost certainly an undercount — no international agency tracks honorary consuls, and dozens of governments don’t publicly release their names.

ProPublica and ICIJ found that convicted drug traffickers, murderers, sex offenders and fraudsters have served as honorary consuls. So have weapons dealers and those who have advanced the interests of North Korea, Syria and other corrupt governments.

Thirty honorary consuls have been sanctioned by the United States and other governments, including 17 who were designated while they held their posts. Some were members of Russian President Vladimir Putin’s inner circle blacklisted after Russia invaded Ukraine earlier this year.

Nine current and former honorary consuls identified by ProPublica and ICIJ have been linked to terrorist groups by law enforcement and governments. Most were tied to Hezbollah, a political party, social services provider and militant group in Lebanon designated by the United States and other countries as a terrorist organization.

Among the deaths in a 1983 suicide attack on barracks in Beirut were 241 U.S. Marines, sailors and soldiers. (Peter Charlesworth/LightRocket via Getty Images)

Hezbollah’s attacks in Israel, Argentina, Lebanon, Iraq and elsewhere have wounded and killed hundreds, including 241 U.S. Marines, sailors and soldiers who perished during a 1983 peacekeeping mission in Beirut when a suicide bomber drove a truck packed with explosives into their barracks. Earlier this year, a Hezbollah operative was convicted in New York for receiving weapons and bomb-making training from the organization and casing targets for future attacks, including the Statue of Liberty and Times Square.

Former U.S. officials who have investigated Hezbollah’s financial network said the use of honorary consul status by the terrorist group is intentional, well organized and woefully unexamined. In March, the Treasury Department sanctioned a prominent businessman in Guinea, accusing him of funneling money to Hezbollah and using his honorary consul status to move in and out of the country with little scrutiny.

“Hezbollah has realized that if they use these honorary consuls … they can basically move stuff with impunity and no one is ever going to bust them — you flash your diplomatic passport, no questions asked,” said David Asher, a former senior counterterrorism finance adviser for the Department of Defense assigned in 2008 to help oversee a federal investigation of Hezbollah’s criminal network. “It’s a huge seam in our international law enforcement capabilities sweep.”

To identify terrorist operatives and other honorary consuls accused of wrongdoing, ProPublica and ICIJ reviewed court records, government and public policy reports and news archives from six continents. Reporters from more than 50 international media organizations and student journalists from Northwestern University also probed cases.

Some of the identified consuls were accused of wrongdoing previously and named to their diplomatic posts anyway. The majority of the consuls drew scrutiny while they held their positions.

In North Macedonia, intelligence officials found that two consuls allowed their offices to be used as a base for a Russian propaganda operation aimed at limiting the expansion of the North Atlantic Treaty Organization.

In Myanmar, a consul sanctioned by the U.S. and other governments reportedly used his connections to help supply weapons to the brutal military junta during its genocidal campaign against ethnic minorities.

The consuls in North Macedonia have denied wrongdoing; the consul in Myanmar could not be reached for comment.

Once accused, some consuls have tried and sometimes successfully dodged criminal inquiries through bogus assertions of sweeping legal immunity that have confused or obstructed police and prosecutors.

The lawlessness and claims of impunity have largely been met with silence: Few governments have publicly called to put safeguards in place, despite warnings from law enforcement and others.

“Consuls act completely autonomously and are not controlled by the State they represent. … The Spanish government has no chance of intervening in their affairs,” investigators in Spain wrote in a confidential 2019 report about three honorary consuls under investigation for laundering money for a suspected drug trafficker.

The handful of governments that have stepped in to review the honorary consul system, including those in Canada, Bolivia, Costa Rica and Montenegro, have reported lapses in oversight or dangerous breakdowns. Liberia once dismissed nearly all of its honorary consuls, citing reports of criminal activity.

After reporters raised questions, Germany and Austria dismissed a consul in Brazil. Another in Switzerland announced his resignation.

Thousands of honorary consuls remain active around the world, though there is no reliable count or any way to determine how often they break laws or abuse their privileges.

Retired Drug Enforcement Administration supervisory special agent Jack Kelly, who helped bring Jaber to justice, worries that dangerous consuls go undetected.

“What people actually do with that diplomatic immunity,” Kelly said, “most of the time we’ll never really know.”

A System to Empower and Protect

Honorary consuls date back at least to the fall of the Western Roman Empire, when Greece, China, India and countries in the Middle East appointed volunteer foreign liaisons to expand commerce. The arrangement caught on around the world.

In the United States, John Adams, Benjamin Franklin and Thomas Jefferson in the late 1700s referenced the use of consuls — one in London was tasked with intelligence gathering, records and studies show.

The U.S. government, however, stopped appointing its own honorary consuls overseas in 1924, opting to rely exclusively on career diplomats. It was a prescient move: Three years later, an international panel warned that awarding special advantages to private citizens enabled them to compete on an “unfair basis” with business rivals.

Honorary consuls, the panel said, should “no longer exist,” adding that most “are far busier with their personal affairs than with those of the country which has conferred the title upon them.”

Concerns about exploitation mounted, according to hundreds of pages of notes and documents from the United Nations archives. In 1960, an expert on the subject appointed by the United Nations warned that honorary consuls were not subject to disciplinary controls in the same way that career diplomats were.

Still, when dozens of governments gathered a few years later in Vienna, they enshrined in international law a valuable set of benefits that included few protocols for oversight.

Under the Vienna Convention on Consular Relations, honorary consuls were guaranteed the “freedom of movement and travel” in the countries where they served. They could communicate without restraint, their consulate records and correspondence protected from searches and their offices protected from “any intrusion … or impairment of … dignity.”

Consuls received legal immunity in matters involving their work. Though immunity was not extended to unrelated offenses, the treaty stipulated that honorary consuls would be entitled to criminal proceedings “with the minimum of delay” and “the respect due … by reason of his official position.”

Some countries, troubled in part by the secrecy rules for consular pouches — which can be moved by plane, train, car, ship or courier — insisted they would not protect them. Other countries have opted out altogether, declining to appoint or receive consuls.

But diplomacy is a delicate affair: Restricting another country’s representatives, volunteer or otherwise, can produce a reciprocal response. The vast majority of countries have signed on, and though some apply privileges and immunities differently in practice, the overarching rules have remained unchanged in the nearly six decades since.

Honorary consuls say they do valuable work for little or no pay and want to rid the system of abuse.

“Does it worry me? Absolutely it does,” said Louis J. Vella, who represents Malta in California and oversees a national association of foreign and honorary consuls in the United States. Vella has greeted visiting dignitaries and supported Malta’s Special Olympics team when it competed in Los Angeles.

“If you have a bucket of nice Granny apples and you put in a bad one, the Granny apples are going to be very upset,” he said. “It’s very bad because of the tainted image that it will give to everyone else. The greatest majority of honorary consuls do honorable work.”

Last year, the U.S. State Department pressed states to stop issuing vanity license plates to honorary consuls to prevent “further fraud or abuse.” The department pushed back, however, when members of Congress years ago cited terrorism concerns and recommended reviewing the use of diplomatic bags.

The worry among those who have long questioned the honorary consul system is that countries anywhere in the world can put a diplomatic shield around private individuals thousands of miles away simply by naming them consuls.

The title has become so coveted that an industry of online consultants emerged, promising to help deliver honorary consul appointments for tens of thousands of dollars in fees.

“Travel through diplomatic channels as a VIP-person, often with visas,” one international company, Elma Global, boasts online, saying that perks can include no “annoying customs checks” and “unlimited entry and exit privileges.”

“It’s just amazing that you can become the honorary consul tomorrow, if you want to and you’re willing to pay the money,” said Bob Jarvis, an international and constitutional law professor at Florida’s Nova Southeastern University, who has argued for overhauling the system for almost 40 years. “People buy these things or get them as a reward for supporting a political candidate, and people have no idea what they are supposed to be doing. And no one is busy checking them out.”

Elma Global said in a statement that it does not guarantee honorary consul appointments, adding, “We know that there is much scam on the Internet regarding the honorary consul or diplomatic appointments but we are very far from that.”

Around the world, media outlets and governments have occasionally described isolated incidents of wrongdoing among consuls. ProPublica and ICIJ compiled the most comprehensive accounting to date, including consuls identified in criminal or civil cases that have never been publicly reported.

The investigation, which included cases of consuls scrutinized individually or through their affiliated companies, also drew on findings from human rights groups, the United Nations, anti-corruption watchdogs and media organizations. ProPublica and ICIJ were able to identify 57 consuls who were criminally convicted while holding their positions.

The reporting not only showed how frequently the volunteer diplomats get into trouble but also how widely they have exploited their status.

Consuls have invoked diplomatic credentials to avoid searches and arrests — even to avoid tax bills and parking fines. They have stood accused of hiding cash and contraband in their offices and pouches.

One former consul in Egypt was convicted of attempting to smuggle more than 21,000 antiquities out of the country in a diplomatic container, including mummy masks and a wooden sarcophagus, a coffin used by ancient civilizations to honor their dead. Ladislav Otakar Skakal, who was sentenced in absentia to prison, could not be reached for comment.

The use of the system by terrorist financiers and supporters, experts say, is most alarming, threatening the United States and its allies.

Retired Drug Enforcement Administration supervisory special agent Jack Kelly said the use of honorary consul status by operatives tied to Hezbollah is intentional and dangerous. (Matthew Orr)

“This honorary consul thing — that’s the theme,” said former DEA supervisor Kelly, who spent a decade investigating Hezbollah until his retirement in 2016. “It shows a real organized approach to how you’re conducting your activity in Africa and probably around the world.”

“You Are the Consul Official”

Kelly knew very little about honorary consuls in late 2008, when numbers on a cellphone being tracked by the U.S. government led him to an elusive Lebanese businessman who would quickly become a top DEA target.

Kelly was helping to lead a federal operation known as Project Cassandra, established to dismantle Hezbollah’s sprawling criminal empire. From a cubicle in a secret government facility in Chantilly, Virginia, Kelly had studied contacts on a phone used by a Hezbollah envoy suspected of helping to advance Iran’s secret nuclear and ballistic missile programs. Kelly eventually settled on a single phone number in Lebanon.

The number was for Mohammad Ibrahim Bazzi.

“‘Hey, I got this guy. He’s got to be incredibly significant,’” Kelly recalled telling Asher, the Department of Defense adviser who was also overseeing Project Cassandra.

Kelly and Asher suspected that Bazzi was a top Hezbollah financier closely affiliated with the Iranian regime who was laundering illicit money through his companies in Lebanon and Africa.

Former President Yahya Jammeh of Gambia. Mohammad Ibrahim Bazzi, a former honorary consul who was suspected of being a top Hezbollah financier, was an associate of Jammeh’s. (Andrew Renneisen/Getty Images)

In Gambia, Bazzi was a petroleum importer and associate of then-President Yahya Jammeh, a former military officer accused by a Gambian government panel of kidnappings, rape, murder and torture. Jammeh has denied wrongdoing.

Kelly and his colleagues were focused on Bazzi’s alleged criminal activities but eventually discovered that Bazzi was an honorary consul, appointed by the government of Gambia in 2005.

Bazzi presented himself as a consul in 2017 when he stood before the Gambian government panel, accused of paying bribes to Jammeh and contributing to what officials called the “near ruin” of the country. Gambian officials said that Bazzi’s honorary consul status had been revoked several months earlier.

“He had no respect for Gambians or Gambian institutions,” authorities concluded in a final report. “In his quest for wealth, he focused only on profits mostly unlawfully obtained.”

That same year, Bazzi sought to install his son as a consul because he could “exert his influence” over him, according to the U.S. Treasury Department.

Though Bazzi was never criminally prosecuted in the United States, he was designated a Hezbollah financier and sanctioned in 2018. His son was sanctioned one year later for allegedly working on his father’s behalf.

An attorney for Bazzi declined to respond to questions. Bazzi’s son, Wael, could not be reached for comment. In 2019, the men separately sued the U.S. government, seeking to overturn the U.S. sanctions. In court records, the elder Bazzi said the government exaggerated transactions and events that had occurred years earlier and failed to provide evidence that he financed Hezbollah.

Bazzi said that one of his duties as honorary consul was to “strengthen foreign investment ties between Lebanon and The Gambia” and that he ended his relationship with Jammeh in 2016 after a series of threats. He also said he had previously agreed to work as an informant for the U.S. government and was told that he would not be sanctioned.

In 2020, a federal judge dismissed the lawsuit brought by Bazzi’s son. Last year, Bazzi settled his own lawsuit with the U.S. government. Bazzi and his son remain under sanctions, and the State Department is offering a reward of up to $10 million for information on Mohammad Bazzi and others that leads to disruption of Hezbollah’s financial network.

As Project Cassandra pushed forward, honorary consul status emerged again — this time during the operation that netted Jaber, the Hezbollah-affiliated arms broker who met with buyers at the hotel in Ghana in 2012.

The buyers were DEA informants posing as representatives of an internationally known guerrilla group in Colombia seeking to overthrow the government and strike at the U.S. forces stationed in the country.

“We fight against Americans … they are invading my country,” one informant told Jaber, according to a transcript of the conversation obtained by ProPublica and ICIJ and described in a subsequent indictment. “What we need exactly … is a good person that can provide us with weapons.”

“Hezbollah sells,” Jaber said. “... What kind of weapons?”

“You know, M14, M16?” the informant said, referring to rifles. “Grenades, pistols, rifles.”

“Explosives,” Jaber said. “Dynamite and stuff … pow, pow, pow, pow.”

For protection, Jaber offered consulships, saying, “All the high people, all the rich people, [are] all consular.”

“The best is Africa,” Jaber said, adding that “many European white men work as [consuls]” from their home countries when there are no embassies nearby.

At a second meeting with buyers three months later, Jaber said: “We go to any country in Africa. We make you consul of Equatorial Guinea [or] Guinea-Bissau. ... You pay 200,000 dollar[s]. You are the consul official of the country. And you have other passport.”

In 2014, Kelly flew to Prague, where another meeting had been planned, to ensure that Jaber, associate Khaled el-Merebi, as well as the DEA’s top target, Lebanese-born arms dealer Ali Fayad, were taken into custody. Fayad and Merebi were later released by the Czech government, reportedly in exchange for five Czech nationals kidnapped in Lebanon.

Jaber, who had promised to supply surface-to-air missiles, assault rifles and grenades, move and store cocaine in West Africa, and launder the proceeds through bank accounts in New York, was extradited to the United States. He pleaded guilty in 2017 to conspiring to support the Colombian terrorist group and was sentenced to prison.

At the hearing, he pleaded for his freedom, saying he was under the influence of drugs at the time and made a “once-in-a-lifetime mistake.”

“I admit that I committed a crime, but I didn’t do it thoughtfully,” he said. “It wasn’t like I was eager to commit that crime. … I’m asking forgiveness from you and from the American nation and from the U.S. government. I do love the American people.”

In an interview from federal prison in West Virginia, Jaber acknowledged offering honorary consul posts but said the U.S. government doctored the transcripts of meetings to “entrap” him. He added that he opposes Hezbollah.

“Honorary consuls, I know how they work, I know how they are created,” he said. “Honorary consuls move drugs, money. I know many honorary consuls who get up to all kinds of foolishness.”

Quest for Justice

As the agents of Project Cassandra hunted Hezbollah’s arms and drug traffickers, New Jersey attorney Gary Osen was immersed in accounts of Hezbollah’s deadly campaign against U.S. service members in Iraq.

Attorney Gary Osen represents more than 1,000 Americans, including fallen U.S. service members, who are suing Lebanese banks for allegedly violating anti-terrorism laws. Former honorary consul Bazzi, sanctioned for his reported ties to Hezbollah, had accounts at two of the banks, according to the complaint. (Matthew Orr)

Osen and his legal team gathered death records, studied battlefield forensic reports and interviewed the families of fallen soldiers. The research turned up references to honorary consuls who had been linked to Hezbollah’s finance networks.

“Everybody who is a big shot in that world is an honorary consul,” he said. “It is not necessary to their operation. But it is a further lubricant.”

In 2019, Osen filed a lawsuit on behalf of more than 1,000 Americans, including members of the military killed or wounded in Iraq by roadside bombs and other weapons that the complaint links to Iran and Hezbollah.

The active case in federal court in New York accuses 13 Lebanese banks of violating anti-terrorism laws by knowingly managing and moving money for Hezbollah during the deadly attacks, including one that killed U.S. Army Capt. Shawn English while he was riding in a Humvee outside of Baghdad in 2006. The father of three had been nearing the end of a 10-month deployment in Iraq.

In November 2006, before Capt. Shawn English returned to Iraq to finish a 10-month deployment there, he celebrated the third birthday of his son, Austin. English was killed weeks later. (Courtesy of Tricia English)

“Is something wrong with Dad?” 7-year-old Nathan English had asked after saluting the two Army officers who arrived at the family’s Florida home to break the news.

The complaint alleges the banks provided “extensive and sustained material support, including financial services, to Hezbollah … and its operatives, and facilitators,” as well as “vital access to the United States financial system.”

The banks have denied wrongdoing, saying in court documents that they “categorically abhor terrorism and all unjustified acts of violence. But they are not legally or factually responsible for plaintiffs’ battlefield injuries.” The banks also said the complaint did not identify transactions for anyone connected to Hezbollah.

Fransabank in Beirut, one of the lenders named as a defendant in the lawsuit, was acquired by Adnan Kassar and his brother, Adel, who has served as the bank’s deputy chairman and CEO and has been Hungary’s honorary consul in Lebanon since at least 2002, records show.

Bazzi, the sanctioned former honorary consul for Gambia in Lebanon, held an account at Fransabank and another Lebanese bank named in the case, according to Osen’s complaint.

“It’s dirty money. At what cost? How many lives?” said retired Army Staff Sgt. Robert Bartlett, a plaintiff in the case.

Retired Army Staff Sgt. Robert Bartlett in Iraq in 2005, about one month before his convoy was attacked. He has had 40 medical procedures, including major surgeries. (First image: Courtesy of Robert Bartlett. Second image: Matthew Orr.)

Like English, according to court documents, Bartlett and his convoy in Iraq were struck by a particularly lethal variation of a roadside bomb known as an explosively formed penetrator, or EFP.

The bomb in 2005 cut through the door of Bartlett’s Humvee, shearing his face from temple to jaw as smoke choked the vehicle and diesel spilled to the ground. The staff sergeant next to him was decapitated and the gunner between them would lose his legs. Bartlett, 31 at the time, has since had 40 medical procedures, including 12 major surgeries, and managed to regain some function in his face, body and hands.

“The devil wanted me dead,” he said.

The Kassar brothers and Fransabank did not respond to requests for comment.

A Power Center for Consuls

In Lebanon, where Hezbollah operates as a major political party, a provider of popular public services and a feared militia force, honorary consul titles are widely considered a sign of status.

“It’s something like lordships in the British system,” said Mohanad Hage Ali, a senior fellow at the Carnegie Middle East Center in Beirut. “If you have a connection to another sovereign state, whether you know the president or someone in his entourage, you get this honorary consul title. It’s one Lebanese way of saying, ‘I’m important.’”

One writer for a Hezbollah-affiliated newspaper in 2015 quipped in a column titled “The Homeland of the Consuls” that becoming a consul in Lebanon is secured first by “finding an independent island beyond an ocean that no one may have heard of. Second, discovering the most appropriate way to reach its king: a rare diamond, a Rolex watch, or tens of thousands of dollars a year.”

One of Lebanon’s honorary consuls is Ali Myree, nominated by South Sudan in 2019.

Born in Lebanon, Myree was living in Paraguay in 2000 when he was charged with pirating CDs, video games and software. Authorities suspected he was funneling some of the proceeds to Hezbollah, according to Paraguayan media reports.

During a police raid, authorities reportedly found film footage of terrorist attacks and interviews with suicide bombers.

Myree left Paraguay and eventually reemerged in South Sudan, where he became a prominent business leader in the long-troubled country. Myree struck a mining partnership with the president’s daughter and sent a series of payments to a general sanctioned by the United Nations Security Council and others for destabilizing the country, according to a 2021 report by The Sentry, a Washington, D.C.-based group that investigates the financing of armed conflict.

Myree was nominated to become the country’s honorary consul in 2019.

In 2020, the honorary consul of South Sudan in Lebanon, Ali Myree, fifth from left, cuts into a cake decorated with flags of the two countries at a ceremony to open the consulate in Beirut. (Honorary Consulate of the Republic of South Sudan in Lebanon)

“Since the first day we had assumed this responsibility and trust,” Myree said during a celebration of the consulate’s opening in Beirut, where he posed with diplomats and a white cake that bore the flags of both countries.

Myree, who has noted that his motto in life is “the sky is the limit,” denied in a statement ever having a relationship with any terrorist organization. Myree said that piracy was common in Paraguay at the time of his arrest and that he “lacked guidance, education, legal exposure, and experience. … I am also not ashamed of my bad experience, and I do not ignore or hide it.”

He said he was named consul in South Sudan by the country’s president and that his relationships with all of his clients are “merely professional.” “I am proud of the son, husband, father, businessman and honorary consul I am today,” he added.

The Lebanese government did not respond to a request for comment. Neither did a spokesperson for Hezbollah or a local association of Lebanon’s honorary consuls, which published a list of consuls online that included Myree and Fransabank’s Adel Kassar.

That list also included a celebrated businessman in West Africa: Ali Saade.

“To Serve Guinea”

In the teeming African port of Conakry, shoeless men haul sacks of rice off the backs of flatbed trucks and stack them floor to ceiling in a cavernous depot owned by the Sonit Group, the company that made Saade one of Guinea’s richest men.

Saade, 80, was born in the impoverished nation on West Africa’s Atlantic coast, but his mother and wife are from Jwaya, one of a string of villages surrounded by olive and fig trees south of Beirut that has long been a power center for Hezbollah.

In Guinea in 1992, Saade opened Sonit after working in his father’s textile business. He settled into a pristine neighborhood several miles from the Conakry port, where women smoke sardines on abandoned oil drums and children play with crabs plucked from dirty water.

In 2006, Saade was named by the government of Guinea as its honorary consul in Lebanon, where Saade’s wife and daughter live.

Earlier this year, the U.S. government alleged that Saade and another prominent businessman in Guinea, Ibrahim Taher, were key Hezbollah financiers. The government also noted that Taher was an honorary consul for Lebanon in Cote d’Ivoire and used his status to travel in and out of Guinea with “minimal scrutiny.”

Saade stands accused of initiating money transfers from Guinea to Hezbollah and providing “unrestricted access” to the highest levels of the Guinean government for Kassim Tajideen, who was sanctioned by the United States in 2009 for financing Hezbollah. Tajideen was later imprisoned in Maryland for violating the sanction by helping to move more than $1 billion through the U.S. financial system. In 2020, he was released and sent back to Lebanon. He could not be reached for comment.

A resident walks past fishing boats on the coast of Conakry, Guinea, a short distance from the airport where U.S. Treasury officials allege two prominent Hezbollah financiers boarded a flight for Lebanon. (Will Fitzgibbon/ICIJ)

The U.S. government also alleged that Saade, Taher and others traveled in 2020 to Lebanon on a special flight with a “large amount of money” that the group claimed was for COVID-19 relief. The coronavirus had been used before as a cover for transferring funds from Guinea to Hezbollah, authorities said.

Both men were sanctioned in March.

After the sanctions, prosecutors in Guinea launched a criminal investigation.

In an interview, Saade said he acted in his capacity as honorary consul when he connected Tajideen to Guinea’s former president.

“‘Listen, Ali, as honorary consul you should do something to encourage investment,’” Saade recalled the former president saying.

Saade said he did not know that the U.S. had sanctioned Tajideen. In a statement, Saade added that he carried only $800 when he flew to Lebanon with Taher and others in 2020. “I never gave or transferred one dollar to Hezbollah,” Saade said.

Taher, 59, did not respond to requests for comment. He has previously denied the allegations, saying in a statement that he has no connection to Hezbollah and has “never used any illegal means to transfer funds out of Guinea.” He also said he has never been an honorary consul.

In July, an appeals court judge in Guinea closed the criminal investigation, saying there was no evidence of terrorism financing. The judge also pointed to a Guinean government investigation showing that Taher was not an honorary consul.

Guinean authorities have appealed the court’s ruling, according to an official.

Saade said that the Guinean government suspended his honorary consul status after the U.S. sanction but that he’s not concerned about what comes next. He said he met with Guinea’s new president shortly after the sanctions were announced.

“He reassured me that there will be no acts of injustice,” Saade said. “I acted as a consul to serve Guinea. It’s to help the country.”

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Reporting was contributed by Nicole Sadek, Jelena Cosic, Margot Williams, Miriam Pensack, Emilia Díaz-Struck, Benedikt Strunz, Jan Strozyk, Jesús Albalat, Akoumba Diallo, Noel Konan, Diana Moukalled, Emmanuel K. Dogbevi, Saska Cvetkovska, Bernd Schlenther and Sophia Baumann; and Jordan Anderson, Hannah Feuer, Michael Korsh, Michelle Liu, Grace Wu, Linus Hoeller, Dhivya Sridar, Quinn Clark and Henry Roach, of the Medill Investigative Lab.

by Debbie Cenziper, ProPublica; Will Fitzgibbon and Delphine Reuter, International Consortium of Investigative Journalists; and Eva Herscowitz and Emily Anderson Stern, Medill Investigative Lab

Consul Cases: Details of Troubled Diplomats Around the World

2 years 5 months ago

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A first-of-its-kind global investigation by ProPublica and the International Consortium of Investigative Journalists identified at least 500 current and former honorary consuls who have been accused of crimes or embroiled in controversy, including those convicted of serious offenses or caught exploiting their status for personal gain. The problem dates back decades, yet few governments have publicly called for reforms to the largely unregulated system of international diplomacy.

Here are snapshots of prominent honorary consuls whose personal, business or diplomatic activities have drawn scrutiny, in some cases from the highest levels of government.

Ali Koleilat

APPOINTED BY LIBERIA TO SERVE IN BRAZIL

Lebanon-born Ali Koleilat, described as a “businessman” in United Nations sanctions lists, served as Liberia’s honorary consul in Brazil. It’s not clear when he started or left his diplomatic post; a European media outlet in 2003 identified him as a consul.

In 2004, the U.N. Security Council sanctioned Koleilat, accusing him of delivering weapons to Liberian president and warlord Charles Taylor before his resignation in 2003. Koleilat was also sanctioned by the European Union and the United States. He was arrested in Belgium in 2014, accused of conspiring to transport cocaine on a plane registered in the United States. Belgian media reported that Koleilat claimed the protection of diplomatic status. He was extradited to the U.S. after intelligence officers discovered that Hezbollah, the Lebanese political party and militant group, planned to secure his release by threatening Belgian prosecutors and others involved in the case, according to interviews and reports. Koleilat pleaded guilty to drug charges this year and was sentenced to time served.

Through his attorney, Koleilat declined to comment. The U.N. sanctions were lifted in 2009 and the European sanctions about a month later. The U.S. sanctions were lifted in 2015.

Ali Myree

APPOINTED BY SOUTH SUDAN TO SERVE IN LEBANON

Ali Myree is a Lebanese hotel operator and a prominent businessman with interests in South Sudan.

While living in Paraguay in 2000, Myree was arrested and charged with selling millions of dollars in counterfeit software. Authorities suspected that he was funneling the proceeds to Hezbollah, the Lebanese political party and militant group, according to media reports and The Sentry, a Washington, D.C.-based group that investigates the financing of armed conflict. Myree left Paraguay. In South Sudan, he established business ties with the ruling elite. In 2020, Myree became South Sudan’s honorary consul in Lebanon.

In a statement, Myree denied ever having a relationship with any terrorist organization. He said that piracy was common in Paraguay at the time of his arrest and that he “lacked guidance, education, legal exposure and experience.” He added, “I am proud of the son, husband, father, businessman and honorary consul I am today.”

Ali Saade

APPOINTED BY GUINEA TO SERVE IN LEBANON

Ali Saade, a prominent businessman in Guinea, founded Sonit Group, a frozen-fish company that has entered the coffee and cacao industries. Saade, whose family is from Lebanon, was appointed honorary consul there by Guinea. He divides his time between the two countries.

In March, the U.S. Treasury Department sanctioned Saade and another prominent businessman, Ibrahim Taher, alleging that they operate in Guinea as key financiers of Hezbollah, a political party and militant group that the U.S. and other countries have designated a terrorist organization. Saade helped initiate money transfers from Guinea to Hezbollah, the Treasury Department said. Taher is also an honorary consul, according to the department, and used his status “to travel in and out of Guinea with minimal scrutiny.”

In an interview, Saade said he acted honorably as consul and denied financing Hezbollah. Saade said he is not serving as honorary consul while the Guinea government investigates the U.S. allegations. Taher did not respond to requests for comment. He has previously denied accusations by the U.S. government and said he is not an honorary consul.

Aziz Nassour

APPOINTED BY LEBANON TO SERVE IN ANGOLA

Aziz Ibrahim Nassour, born in Sierra Leone, comes from a family of diamond merchants. In the mid-1990s, Nassour served as Lebanon’s honorary consul in Angola, where he reportedly imported food during the country’s civil war.

A Belgian intelligence report in 2000 said that Nassour and his family-owned company had been tied to the financing of Middle Eastern terrorist organizations through the sale of illegal African diamonds. Nassour was sanctioned by the United Nations Security Council in 2004. He was convicted in Belgium that year of trafficking in blood diamonds.

Nassour did not respond to requests for comment but has previously denied any ties to radical Islamic organizations and involvement in any criminal activity. The U.N. lifted sanctions in 2015. The company, which could not be reached for comment, has previously denied wrongdoing.

Boro Djukic

APPOINTED BY RUSSIA TO SERVE IN MONTENEGRO

Boro Djukic served as Russia’s honorary consul in Montenegro, occupying the inaugural post from 2014 to 2018. He was previously Ukraine’s honorary consul in Montenegro.

Djukic, a former Montenegrin bureaucrat, helped found in 2017 a populist political party opposed to the country’s bid for NATO membership. The Montenegrin government later withdrew its consent for Djukic’s honorary consul appointment. In 2020, the country’s chief prosecutor said Djukic was under investigation for attempting to import forged Russian police badges into Montenegro. Djukic subsequently went to Russia, according to news reports.

Djukic did not respond to requests for comment. He has previously said, “I am not a Russian citizen, but as a person who loves Russia, I represented it in the best possible way.” Djukic has also said the police badges were made in Serbia and were cheaper than those in Russia. He said that the badges were taken from him because of “increased control.” ProPublica and ICIJ could not determine the status of that investigation.

Jean Laprade

APPOINTED BY CANADA TO SERVE IN GUINEA

Canadian businessman Jean Laprade was a director of a gold mining company in Guinea. He served as Canada’s honorary consul in Guinea from 2006 to 2015.

Authorities in Guinea say Laprade, while serving as an honorary consul in 2015, raped a 12-year-old girl at his consular residence. Believing that Laprade was a consul general — a position with more diplomatic privileges than honorary consul — authorities did not arrest him, enabling him to leave Guinea for Canada, according to reporting by Africaguinee. In 2017, Laprade was convicted in absentia in Guinea and sentenced to 12 years in prison.

Laprade did not respond to requests for comment. He has previously denied wrongdoing.

José Luis López Fernández

APPOINTED BY MALI TO SERVE IN SPAIN

José Luis López Fernández served as Mali’s honorary consul in Barcelona, Spain, for about eight years. His position ended this year.

As part of a wider drug trafficking probe, Spanish authorities are currently investigating López Fernández and two other honorary consuls suspected of money laundering. In a report, investigators complained that consuls act “completely autonomously and are not controlled by the State they represent.” No charges have been filed against López Fernández.

An attorney for López Fernández said his client is innocent and only tangentially involved in the wider investigation. “My client is a prestigious businessman and has presented in court all the supporting documents of the legality of his investments,” the attorney said, adding that police had misunderstood the privileges and activities of honorary consuls in Spain. “He is not a public figure but an honest businessman whose integrity and innocence have been unfairly questioned,” the attorney said.

Karl Burkhadt

APPOINTED BY EL SALVADOR TO SERVE IN SWITZERLAND

Karl Burkhardt, a Swiss financier, was an honorary consul in Switzerland from 1993 to 1996.

Burkhardt was arrested in 1996 after he accepted a suitcase with $2 million from an undercover U.S. agent posing as a drug dealer. According to the criminal complaint, Burkhardt had promised to launder the money and had provided the agent a phone number for a consulate in Switzerland. “Burkhardt told me that the telephone line could be used safely,” the agent recalled in court records. “He said that it was a consulate telephone line so even if someone is listening, the information could not be used.” Burkhardt pleaded guilty to conspiracy to commit money laundering and was sentenced in 1997 to prison.

Burkhardt could not be reached for comment. At his 1997 sentencing hearing, he said, “I made a big mistake last year and I regret that I did it.”

Ladislav Otakar Skakal

APPOINTED BY ITALY TO SERVE IN EGYPT

Ladislav Otakar Skakal served as Italy’s honorary consul in Egypt until 2014. He also worked as a boat manager for a tourism company in Luxor, according to local media.

Though no longer an honorary consul, Skakal in 2017 sent more than 21,000 Egyptian antiquities, including coins, pots and a wooden coffin, in a diplomatic container to the Italian port city of Salerno, according to court records. Italian authorities searched the container and discovered the relics only after a paperwork mistake. In 2020, Egyptian authorities sentenced Skakal in absentia to 15 years in prison for attempting to smuggle antiquities, according to media reports. Skakal is believed to be in Italy.

He could not be reached for comment.

Mohammad Ibrahim Bazzi

APPOINTED BY GAMBIA TO SERVE IN LEBANON

In 2005, businessman Mohammad Ibrahim Bazzi was appointed honorary consul in Lebanon under the regime of then-Gambian President Yahya Jammeh, according to court records. In 2017, the Gambian government terminated Bazzi’s appointment.

The U.S. Treasury Department sanctioned Bazzi in 2018, declaring that he was a Hezbollah financier who had channeled millions of dollars to the militant group through his business activities. The department also said he was a “close associate” of Jammeh, who has been accused of corruption and human rights abuses. A government corruption panel in Gambia in 2019 found, among other things, that one of Bazzi’s companies had stolen public money and that he had paid bribes to Jammeh. Bazzi was declared persona non grata.

An attorney for Bazzi declined to respond to questions. In 2019, Bazzi sought to overturn the U.S. sanction. In court records, he said the government had failed to provide evidence that he had financed Hezbollah. He also said he ended his relationship with Jammeh in 2016 after a series of threats. The sanction is still in place. Jammeh has denied wrongdoing.

Robert Shumake

APPOINTED BY BOTSWANA AND TANZANIA TO SERVE IN THE UNITED STATES

Robert Shumake, a Detroit-area businessman, was honorary consul for Botswana from 2012 to 2015 and for Tanzania from 2013 to 2015.

In 2016, after Shumake’s tenure as honorary consul ended, airport authorities in Charlotte, North Carolina, seized more than $250,000 from the carry-on bag of one of his associates. The bag tested positive for cocaine, according to documents from the civil forfeiture case. Shumake told authorities that the cash was obtained as part of a legitimate fundraising event and denied the allegations related to drugs. Shumake also said he was representing an international nonprofit and had diplomatic immunity. The case was later settled.

In an unrelated case, Shumake pleaded guilty in late 2017 to misdemeanor violations after his mortgage auditing company was accused of improperly taking fees from distressed homeowners. Last year, the U.S. Securities and Exchange Commission sued Shumake and others, alleging that they had set up a fraudulent crowdfunding scheme that promised investors profits from the cannabis industry.

David Michael, Shumake’s attorney in the cash seizure case, said that “there was no guilt associated with that money” and that the donations were collected for legitimate purposes. “The government has been on a rampage to seize any cash that anybody has,” Michael said. The SEC case is ongoing. In court documents, Shumake denied wrongdoing, saying he only served as a consultant and bears no liability.

Sergej Samsonenko

APPOINTED BY RUSSIA TO SERVE IN NORTH MACEDONIA

Sergej Samsonenko launched a sports betting business in Russia and later parlayed it into an international sports gambling empire. Samsonenko served as Russia’s honorary consul in North Macedonia from 2016 until August.

In 2014, before he was appointed honorary consul, Samsonenko appeared in a promotional video for a pro-Kremlin political party in North Macedonia. In 2017, a leaked report by North Macedonia’s intelligence service accused honorary consulates overseen by Samsonenko and another consul in the country of being “intelligence bases” and of being used by Russia to interfere with North Macedonia’s bid to join NATO. North Macedonia ended Samsonenko’s honorary consul appointment without explanation in August.

Samsonenko declined to comment, calling reports about him “lies and slander.” He has previously denied using his diplomatic status to advance Russia’s interests and said he did not use his office as a “spy center.” “I am not a political person, I am an honorary consul of Russia and I should support the politics of my home country,” Samsonenko told the Macedonidan news outlet Fokus in 2019.

Schucry Kafie

APPOINTED BY JORDAN TO SERVE IN HONDURAS

Schucry Kafie has served as Jordan’s honorary consul in Honduras since 1984. His influential family has many companies, including the medical supply firm Distribuidora Metropolitana SA, or DIMESA.

In 2015, prosecutors accused DIMESA of selling medical equipment at inflated prices to the Honduran government, in what authorities alleged was a “mega-fraud.” Kafie was among those arrested on charges that DIMESA had overbilled the government on a $118 million contract. In 2016, a Honduran court opted not to prohibit Kafie from leaving the country, noting that he was an honorary consul who sometimes needed to travel. The charges were later dismissed.

Kafie said that he was appointed as consul after the death of his father, who had held the position for 20 years. “There is no benefit,” Kafie said. “It is an honorable job.”

He said that the criminal charges were politically motivated and that the company did not overcharge the government. He added that the court allowed him to leave the country for health reasons and not because of his consular status.

A 2017 DIMESA statement said that that there was no corruption, that the contract was obtained through a transparent process and that the company complied with its terms.

Waseem Ramli

APPOINTED BY SYRIA TO SERVE IN CANADA

Syria appointed businessman Waseem Ramli as honorary consul in Montreal in 2019.

Ramli’s appointment concerned members of the Syrian diaspora in Canada because of his public support of Syrian President Bashar al-Assad. Since 2011, Assad’s regime has killed more than 200,000 civilians, the Syrian Network for Human Rights reported. Ramli’s red Hummer displayed a photo of the president, and Ramli has defended Assad in social media posts. In 2019, Canada rescinded its approval of Ramli’s consular appointment before his term began. Canada’s then-foreign minister called Ramli’s views “shocking and unacceptable,” and the government launched a review of Canada’s honorary consul system.

Ramli could not be reached for comment. At the time of his nomination, he said he would represent Syrians regardless of their political views.

by Debbie Cenziper, ProPublica; Will Fitzgibbon, International Consortium of Investigative Journalists; Eva Herscowitz, Medill Investigative Lab; and Nicole Sadek, International Consortium of Investigative Journalists

Key Findings From the “Shadow Diplomats” Investigation

2 years 5 months ago

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“Shadow Diplomats” is a first-of-its-kind investigation of a largely unregulated and under-the-radar system of international diplomacy that allows volunteer diplomats working from their home countries to represent the interests of other nations.

Media outlets and governments around the world have for years described isolated incidents of criminal behavior and other misconduct among so-called honorary consuls. ProPublica and the International Consortium of Investigative Journalists exposed the scale of misuse and exploitation by rogue consuls, examined the absence of even cursory monitoring by governments and documented how a system meant to create helpful alliances between countries has in some cases harmed vulnerable communities from Eastern Europe to Central America.

The investigation identified at least 500 current and former honorary consuls who have been accused of crimes or embroiled in controversy.

  • Criminal consuls: Some consuls were accused of serious crimes, including drug and weapons trafficking, murder and fraud. At least 57 were convicted of crimes while they held their honorary consul positions.

  • Abuse of status: Some consuls abused their positions to enrich themselves, evade law enforcement or advance political agendas. Consuls have stood accused of hiding cash and contraband in their offices and pouches. They’ve invoked diplomatic credentials to avoid searches, arrest and imprisonment and to facilitate travel.

  • Links to terrorist groups: Nine honorary consuls identified by ProPublica and ICIJ have been linked to terrorist groups by law enforcement and governments. Most were tied to Hezbollah, a political party, social services provider and militant group in Lebanon. Former U.S. officials who have investigated Hezbollah’s financial network said the use of honorary consul status by the terrorist group is well-organized and threatens national and international security.

  • Defenders of Putin: Some consuls have drawn public criticism or were removed from their posts for having supported and defended Russian President Vladimir Putin, and in several cases they have been accused of acting as agents of the Kremlin. Moscow’s honorary consuls have remained active in some countries even as the U.S. and its allies levied sanctions amid Russia’s invasion of Ukraine.

  • Pay to play: An online industry of consultants offers to help deliver honorary consul appointments for tens of thousands of dollars in fees. “Travel through diplomatic channels as a VIP-person” one company boasts online.

  • Oversight breakdowns: Governments have appointed thousands of honorary consuls, but no one has a reliable count. Seventy-eight countries do not publicly identify their honorary consuls, a lack of transparency that can impede law enforcement. Despite reports of problems, few countries have publicly announced reviews or reforms of the system.

by ProPublica

About the “Shadow Diplomats” Investigation

2 years 5 months ago

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“Shadow Diplomats” marks the first collaboration between ProPublica and the International Consortium of Investigative Journalists. One hundred and sixty journalists from 46 countries joined the reporting.

The investigation shines light on one of the least-examined roles in international diplomacy: the honorary consul. These volunteer diplomats work from their home countries to promote the interests of foreign governments, typically in places without an embassy or consulate.

Many honorary consuls provide valuable services. But the system, intended to leverage the experience and connections of upstanding citizens, has empowered unscrupulous operators and imperiled vulnerable communities around the world.

ProPublica, ICIJ and media partners identified at least 500 current and former honorary consuls who were accused of crimes or embroiled in controversy. Some were convicted of serious offenses or caught exploiting their status for personal gain; others drew criticism for their support of authoritarian regimes.

Consuls have stood accused of hiding cash and contraband in their offices and pouches. They’ve invoked diplomatic credentials to avoid searches and arrests. They’ve denounced sanctions against Russia and publicly supported the invasion of Ukraine.

The numbers are almost certainly an undercount. Seventy-eight countries do not make public the names of their honorary consuls. The lack of transparency and accountability fuel the controversies at the heart of this investigation.

Before the investigation was published, questions from reporters working on the project prompted impact in two countries. Germany and Austria announced the dismissal of one consul in Brazil. Another consul in Switzerland announced his resignation.

How the Reporting Started

Scattered references to honorary consuls have surfaced for years in leaked documents at the center of multiple investigations by ICIJ and its partners into the world of offshore wealth.

ProPublica reporter Debbie Cenziper and ICIJ reporter Will Fitzgibbon began pulling together narratives and case studies chronicling the abuses perpetrated by honorary consuls. Media partners around the world, as well as student journalists from Northwestern University’s Medill Investigative Lab, led by Cenziper, were instrumental to this effort.

The names of consuls — or sometimes simply their titles — came up in news clips, government investigations, sanctions lists and other reports. Reporters searched court databases in Brazil, France, Ukraine, Spain and Germany, and they submitted public information requests in Croatia, Finland, El Salvador and Honduras, among other countries.

Patterns started to emerge. The team identified consuls who have been linked by law enforcement and governments to the terrorist group Hezbollah — reporting featured prominently in ProPublica and ICIJ’s lead story.

The team also identified consuls sanctioned by the United States and other governments, including members of Russian President Vladimir Putin’s inner circle. Those findings will feature in a forthcoming story that examines Russia’s use of the honorary consul system.

Transparency Challenges

There is no international database of honorary consuls, and many countries maintain poor records or release no information at all. ICIJ’s data team contacted the foreign ministries of countries that failed to make the names of their consuls public. Reporters requested the names of their consuls and other information about them; most ministries failed to reply.

Using information from public records requests and lists of consuls published online, the team created an index to assess the transparency of countries and their honorary consul appointments.

The findings will be part of a forthcoming story about how governments have failed to oversee the troubled system of international diplomacy.

ProPublica contributors: Debbie Cenziper, Ziva Branstetter, Matt Orr, Lisa Larson-Walker, Boyzell Hosey, Diego Sorbara, Lena Groeger, Alexis Stephens, Tracy Weber and Steve Engelberg.

ICIJ contributors: Will Fitzgibbon, Delphine Reuter, Ben Hallman, Emilia Díaz-Struck, Nicole Sadek, Dean Starkman, Margot Williams, Richard H.P. Sia, Hamish Boland-Rudder, Asraa Mustufa, Antonio Cucho Gamboa, Joe Hillhouse, Pierre Romera, Jelena Cosic, Fergus Shiel and Gerard Ryle.

See a complete list of ICIJ international partners.

Northwestern University’s Medill Investigative Lab students: Eva Herscowitz, Emily Anderson Stern, Jordan Anderson, Hannah Feuer, Michael Korsh, Michelle Liu, Grace Wu, Linus Hoeller, Dhivya Sridar, Quinn Clark, Henry Roach, Evan Robinson-Johnson, Susanti Sarkar, Margaret Fleming, Julian Andreone and Sela Breen.

Additional contributors: Belinda Lichty Clarke from the Medill School of Journalism, Media and Integrated Marketing Communications and independent journalist Héctor Silva Ávalos.

by ProPublica

How Title Lenders Trap Poor Americans in Debt With Triple-Digit Interest Rates

2 years 5 months ago

This article was produced for ProPublica’s Local Reporting Network in partnership with The Current. It was also co-published with The Atlanta Journal-Constitution. Sign up for Dispatches to get stories like this one as soon as they are published.

When Robert Ball turned 63, he was looking forward to retirement in his wife’s hometown of Savannah, Georgia. The couple had a comfortable house with a lush garden, the certainty of his pension and the hope of spending more time with their grandchildren.

That dream shattered when Ball’s wife, Gloria Ball, developed severe health problems. They faced huge medical bills, yet their bank refused to refinance their mortgage. Left with few options for raising cash, Robert Ball drove to TitleMax, a business that prospers in Georgia’s banking deserts and lends money at terms that would be illegal for other financial institutions. “I was desperate” for quick cash, Ball said. “They welcome folk like me.”

In July 2017, Ball signed a contract to receive $9,518 from TitleMax in exchange for a lien on the title to his 2006 Honda Ridgeline truck, money that the couple used to pay for Gloria’s medical needs. The terms of Ball’s contract were typical for TitleMax, specifying that he would have to repay the money plus interest in 30 days. But the store manager explained that, as long as he paid $1,046 each month, he could extend the contract indefinitely and keep his car — on which he had no other debt — from being repossessed by the company. What the manager did not mention, Ball said, was that his payments would only cover interest.

For two years, Ball made his payments diligently, court records show. Then the company told him something that nearly made him fall down: Even though he had paid more than $25,000 by then, his principal hadn’t budged.

TMX Finance, TitleMax’s parent company, calls itself a community resource to its 293,000 customers, people written off as credit risks by traditional lending institutions but who need financing to pay for life’s basic needs. As the nation’s largest title lender, TitleMax thrives on an innovative business model that lends money to risky clients in exchange for collateral: the title to the vehicle in which the customers drove to the store. In 2019, TMX Finance reported $910 million in revenue, primarily from its TitleMax brand.

Rather than seeing the company as a force for good, a growing consortium of lawmakers, religious leaders and consumer advocates believe TitleMax, and its industry writ large, to be predatory leeches on the growing ranks of working-class Americans. More than 30 states prohibit title lending or have laws inimical to the industry. In 2016, TMX Finance paid a $9 million fine, approximately 1% of the company’s revenue that year, to the federal Consumer Financial Protection Bureau, which ruled that the company misled customers about the full costs of its loans in Georgia, Alabama and Tennessee. Since then, at least five states have passed laws capping interest rates that title lenders can charge at 36% per year.

Georgia, however, has bucked this trend. Nearly two decades ago, the state made it a felony to offer high-interest payday loans that state lawmakers described as usurious. Yet state law allows title lenders to charge triple-digit annual interest rates. This has helped the industry grow like kudzu throughout the state, which is home to three of the nation’s top title lenders.

The Current and ProPublica spent seven months examining the operations of TitleMax, the dominant industry player in Georgia, based on hundreds of pages of internal company documents, interviews with current and former company officials and an analysis of storefront locations as well as vehicle lien records from the Georgia Department of Revenue’s motor vehicle division. The investigation offers for the first time a window into the scope and scale of the company in the state, as well as the impact on its target customers: the working poor and communities of color.

The Peach State is TMX Finance’s second-largest market, accounting for 20% of its business volume as of June, according to a financial ratings report by S&P Global Ratings. Only Texas, which has nearly three times the population of Georgia, was larger, representing 32% of the company’s business volume. From July 2019 through June 2022, roughly 210 TMX Finance stores in Georgia issued new “title pawns” for approximately 47,000 vehicles annually, under brand names TitleMax and TitleBucks. They represented more than 60% of the state’s total volume.

Annual interest rates in typical TitleMax contracts ranged from 119% to 179%, and title pawns — even though they are structured to last only 30 days— often remain active for multiple months, or even years.

Despite offering a product that customers say feels like a loan, TitleMax and its competitors aren’t considered lending institutions under state law. Instead, the title-lending industry works under Georgia’s pawn shop statutes, a loophole that exempts it from the usury laws and state oversight that other subprime lenders in Georgia must operate under. Title pawn contracts, meanwhile, are not amortized like home mortgages, which offer customers a set schedule to pay off their loans. Critics say this practice creates a debt trap — which is profitable for companies and bad for consumers like Ball.

TMX Finance did not respond to repeated requests for comment on a detailed list of questions about the company’s operations.

Where TitleMax Operates *Effective in 2023, TitleMax will wind down operations in New Mexico due to new regulations. (Map by Anna Donlan. Source: TitleMax website and corporate documents)

“Privately there is not a legislator in Georgia who doesn’t feel like it is a scourge on our state, but publicly there aren’t many willing to take on” the title-lending industry, said Liz Coyle, the executive director of Georgia Watch, a consumer advocacy group that has pushed for regulatory reform for title lenders for roughly 15 years. “Their clout is too great, and political will is too weak.”

State Sen. Lester Jackson, a Black military veteran who represents Savannah, has voted against more regulation for his hometown company, arguing that title lenders fill a necessary gap for his constituents, given the lack of equity in the traditional banking sector.

“Banking deserts are real” in Georgia, said Jackson, a Democrat. “Sometimes, this is all that the community has.”

​​For customers like Ball, the power imbalance favoring TitleMax in Georgia feels like being caught in an undertow.

At age 71, Ball declared bankruptcy, seeking relief from his debt burden. Even then, TitleMax pursued him. The company threatened to repossess his car, sell it and keep the profit. It then went to court to assert its right to do so — and won.

Past the gilded dome of Savannah’s city hall and along the azalea-lined Johnson Square sits an unobtrusive two-story brick building from which privately held TMX Finance and its founder and sole shareholder Tracy Young run the nation’s largest title lender.

Unlike other Savannah-based corporations, TMX Finance and its biggest brand, TitleMax, keep a low profile. No corporate sign graces its headquarters. The company rarely sponsors local charity events. When TMX Finance needed money to expand its business operations, it turned to private investors rather than a public stock listing. When it’s sued, the company moves swiftly to seal documents that might reveal even its most mundane business details.

Young, a one-time pawn shop owner, relied on this impenetrable business culture as he built the company from two retail locations in Savannah and Columbus, Georgia, in 1998 into a national juggernaut. The company now operates in 16 states and has nearly 1,000 stores. In 2019, TMX Finance reported its most successful year ever, according to S&P, with revenue topping $900 million that year. (Revenue dropped to $753 million in 2020, the first year of the COVID-19 pandemic, and then to $712 million in 2021, after the company closed operations in three states after regulations there were tightened.)

Georgia has emerged as a critical profit center for TitleMax, with some stores making more than $1 million in gross revenue per year, according to tax documents and former store managers who requested anonymity to speak about internal company procedures. That’s despite Georgia’s history as a vanguard against some parts of the fringe financial services industry.

Some Georgia TitleMax stores bring in more than $1 million in gross revenue per year. (Malcolm Jackson for ProPublica)

In 2004, Georgia lawmakers cracked down on payday lending, an industry that offered triple-digit-interest loans to people in need of cash in between paychecks. They closed loopholes that had allowed the industry to evade long-standing usury laws in the state and made offering payday loans a felony. The lawmakers — many of them proud churchgoers — considered such loans to be both unchristian and unfair, according to Chuck Hufstetler, a Republican state senator who has voted for more regulation for title lenders.

The Georgia Department of Banking and Finance regulates and licenses other subprime lenders that offer loans to customers considered high risk. For instance, the 166 installment lenders working in the state are subject to Georgia’s usury cap of 60% annually, including interest and fees.

Yet lawmakers in Atlanta also passed a law that allowed the burgeoning title-lending industry to operate outside these regulations. Since then, TitleMax and at least 90 other title-lending companies in Georgia have operated under state pawn shop statutes, rather than financial or banking laws.

The bar to open a title-lending business in Georgia is low. A company must apply for a pawn shop license for their employees from the local government in the city or county where they work. With that in place, “title pawn” stores can offer customers a 30-day contract at an interest rate up to 25%. State law allows these contracts to be renewed for an additional two months at that same monthly interest rate. After that, additional renewals have a lower interest cap of 12.5% per month, but that combined rate — up to 187.5% annually — is still far above the usury caps for other types of lenders in Georgia. Title lenders have no obligation to assess customers’ credit or their ability to repay what they borrow or to report the number of title pawns issued to state regulators.

Only a few states offer similarly permissive operating landscapes for title lenders. Alabama, the only other state where the industry works under pawn shop statutes, allows title pawns with up to 300% annual percentage rates. Texas also permits triple-digit rates, with no caps on the total amount of title loans or their fees.

At least 20 states have laws that cap interest rates at 36% or less per year for title lenders — or 3% per month. Several other states have set loan terms for fixed periods or require the principal to be paid down as a condition of renewal, which limits customer costs of borrowing and title lenders’ maximum profit.

How Title Lending is Regulated in Three States

In Georgia, title lenders operate under pawnshop statutes that permit triple-digit interest rates and allow pawn contracts to be renewed indefinitely — rules far less restrictive than laws in most other states.

(Graphic by Anna Donlan. Source: Georgia Pawnbroker Act, Nevada Revised Statutes, Illinois Compiled Statutes, Illinois Administrative Code)

The increased regulations coincide with a growing body of evidence about the harm that subprime lenders like title-lending companies have on local communities and economies.

Illinois’s path to regulating the industry is instructive. In 2012, when TMX Finance executives identified the state as a growth market, regulators were already putting into place rules that mandated reporting from subprime lenders like title-lending companies working in the state.

In 2020, Illinois church groups and state lawmakers reviewed nearly a decade’s worth of data and became alarmed. High interest rates and fees charged by title lenders were exacerbating pockets of poverty, especially in minority neighborhoods, according to Brent Adams, the then-state official who helped devise the reporting regulations. Individual families were more indebted, and fees they paid were largely going to out-of-state lenders, leaving less money to be spent in local businesses. Moreover, customers who couldn’t keep up with their payments to title lenders would lose a working family’s most important asset: their vehicle. Without a car, a parent could be unable to hold down a job or get children to doctors or school, he said.

“It is difficult to craft a data argument for these products. Practically everyone you talk to pays three times the amount of the loan to get out of a title loan,” said Adams, who is now senior vice-president for policy and communications for the Woodstock Institute, an Illinois-based economic think tank. “Some people will say they had a good experience, but the percentage of people who report an abusive relationship with title lenders is so much higher. The disparities are extreme.”

In early 2021, the Illinois legislature passed a 36% interest rate cap, dismissing arguments from TitleMax and its industry that such a move would put them out of business. That year, TMX Finance stopped making new loans in the state. Virginia and California passed similar interest rate caps, moves that led TitleMax to close operations in those states as well, according to state officials and the company’s website.

A similar attempt in Georgia in 2020 died after TMX Finance’s then-chief legal officer testified at a state senate committee hearing that TitleMax needed to charge high interest rates given the risk profile of its customers. State senators did not press the company for more detail, nor did any senator offer up dissenting data.

Over the last 16 years, at least five attempts in Georgia to pass legislation regulating interest rates charged by title lenders or reclassify them under financial lending rules have wilted under industry pushback. TitleMax, for one, says strict interest rate caps would endanger the approximately 700 jobs the company provides to Georgians.

Tameka Rivers, a middle-aged Black woman who lives in east Savannah, has been paying off a TitleMax pawn for more than two years. Rivers said she was desperate for $2,000 back in 2019 to help her adult daughter, who was expecting a baby and needed a place to live. A single mother working two jobs to provide for an extended family, Jones didn’t have savings to help provide her daughter with a security deposit for her apartment lease. She also didn’t have relatives she could rely on for help.

Rivers remembered hearing TitleMax’s signature advertisement on the radio: “Get your title back with TitleMax,” goes the catchy jingle. That was enough for her to drive over to the TitleMax store on Skidaway Road, a mile from Georgia’s oldest historically Black university, to see if they could help.

“It seemed straightforward enough at the time,” Rivers said. “They didn’t ask me a lot of questions about my life, and, boy, we needed the cash.”

"I Got My Title Back with TitleMax" Tameka Rivers recalled the TitleMax jingle before driving to a company location to get a title pawn. (Source: TitleMax’s YouTube Channel)

Consumer advocates in Georgia have long argued that struggling families like Rivers’ deserve better financial options than the one TitleMax and its industry offer. Yet revealing the scope of the impact title lenders have on these families is challenging because of the lack of public data on the industry.

The Current and ProPublica identified roughly 500 title pawn stores, which span the majority of Georgia’s 159 counties, including at least a dozen locations in Atlanta and Savannah, as well as in rural areas in and around Ellijay and Vidalia.

Georgia does not officially track the number of title pawns issued by these stores. The analysis of the records of vehicle liens placed by these companies reveals new title pawns for roughly 75,000 vehicles per year since mid-2019, when the state implemented a new system for tracking vehicle ownership information. That figure is likely an underestimate of the total number of title pawns, since the analysis does not include repeat customers.

The industry is thriving at a time when the number of traditional banking locations in Georgia has declined by 22% in the last decade, according to the Federal Deposit Insurance Corporation. A 2021 FDIC survey found that 6.7% of Georgians lack bank accounts. That statistic is roughly twice as high — 13.3% — for Black households.

Title lenders are disproportionately located in communities of color and low-income areas, according to an analysis by The Current and ProPublica. Roughly three-quarters are in ZIP codes with incomes below the state’s median income.

Title Lenders Cluster in Disadvantaged Communities

Title lenders are less common in ZIP codes with more white residents or more high-income residents.

(Source: Georgia Department of Revenue; Google Maps; company websites; 2020 5-year American Community Survey)

But the industry’s impact on these communities isn’t captured fully by where they have storefronts. Equally crucial is how many months customers continue to pay, according to current and former industry officials.

Back in 2009, then-TMX Finance President John Robinson explained to the company’s creditors that repeat customer fee payments were the crux of TitleMax’s business plan. We “recover in excess of 100% of the face value of the Customer Loans,” he wrote in an affidavit. “The average thirty (30) day loan is typically renewed approximately eight (8) times, providing significant additional interest payments.”

Rivers told The Current and ProPublica that she wasn’t offered a formula describing how she would pay off her pawn. Instead, she said, the store manager emphasized the relatively low monthly payments of $249. Rivers said she doesn’t recall anyone explaining the difference between a payment that covered interest and one that included paying down her principal. After the manager talked through the monthly payment, she signed a contract on the store’s digital tablet. She had access to her data via a company app, which also allowed her to make payments electronically. But she rarely used the app and generally paid her monthly payments in cash.

Ten months later, after Rivers had paid TitleMax more than the $2,000 she had borrowed, Rivers talked to the manager who had set up her contract. That’s when she realized that she had only been paying interest and still owed the original pawn amount.

When Rivers complained about feeling deceived and asked for help working out a repayment plan to get out of debt, TitleMax wasn’t willing to help, she said.

District directors have the authority to rewrite contracts, but rarely do, according to two former managers who worked in Savannah and Columbus and who requested anonymity to speak about internal company procedures.

In October, Rivers’ daughter went to the hospital for a cesarean section, and now Rivers is helping care for a newborn, as well as four other grandchildren, while trying to juggle vocational school courses. She doesn’t know where she’s going to scrape together money to get rid of the TitleMax debt, she said.

Consumers who feel taken advantage of by title lenders in Georgia have a very narrow avenue for pursuing their complaints.

The CFPB, the federal agency created to protect consumers from big financial organizations in the wake of the 2008 global financial crisis, launched its investigation into TMX Finance, in part, due to consumer complaints amassed by Georgia Watch, the state’s most prominent consumer advocate. The company denied any wrongdoing, but the CFPB ruled in 2016 that it had deceived customers in Georgia, Alabama and Tennessee by masking the true cost of title loans. This did not impact individual cases, however, and the company’s $9 million fine was not paid out as restitution for individuals, instead going into an agency-controlled fund.

At the state level, the website for the Consumer Protection Division of the Georgia Attorney General's Office has a whole page devoted to title pawns — but it is not directly linked from its homepage.

On that page, the agency categorizes title lenders as a fringe banking product similar to a “payday loan,” a product illegal in Georgia. It recommends that Georgians in need of emergency finance consider multiple alternatives, such as asking a relative for money or approaching a credit union, before turning to subprime financial products like title pawns.

For those who don’t find alternatives, the agency’s website offers straightforward guidance: If customers think their title lender violated the law, they “should notify the local criminal authorities for the city or county in which the title pawn company is doing business.”

Outside of metro Atlanta, few law enforcement bodies across Georgia’s 159 counties have robust white-collar or financial crime department or an investigator specialized in such crimes. LaGrange Police Chief Louis Dekmar, who has led the northwest Georgia department for nearly 30 years, said he doesn’t know of any local district attorneys who have filed charges against title lenders. The probability of that happening is slim, according to Dekmar and two other veteran Georgia police officials. Title pawn customers who may be victims “generally don’t know how to report something like that,” said Dekmar, a former president of the International Association of Chiefs of Police.

Meanwhile, the state attorney general’s office has not investigated TitleMax, despite the CFPB findings of abusive practices and that agency’s ongoing investigation, according to an official in the office.

The attorney general’s office has taken action against two other title lenders. In 2017, it settled with a TitleMax rival, Tennessee-based First American Title Lending of Georgia, for more than $220,000 to resolve allegations that the company had threatened individuals who were delinquent in repayments with criminal arrest warrants and by marketing its products as “loans” instead of “pawn transactions.” In the settlement, First American admitted no wrongdoing.

In 2018, the attorney general’s office reached a settlement with Georgia-based title-lending company Complete Cash Holdings and its owner Kent Popham, who agreed to pay a total of $35,000 “in response to allegations that it engaged in unlawful practices” against customers who had defaulted on their title pawn contracts. The company earlier denied wrongdoing.

“Consumers who seek out title pawns are already in financial straits,” Attorney General Chris Carr said in a press statement at the time. “Our office is committed to protecting vulnerable consumers from companies that try to take advantage of them through illegal actions.”

On other occasions, however, Carr’s office did not act. For instance, a testy five-year civil lawsuit in Fulton County Superior Court between TitleMax and subsidiaries of Alpharetta-based Select Management Resources surfaced a number of allegations of illegal behavior, including bribery and stealing customer information. TitleMax denied the allegations, and the two sides ultimately settled and moved to dismiss all allegations with prejudice in 2019. Kara Richardson, a spokesperson for the attorney general, said her office was aware of the case but declined to comment on specific allegations against those two companies.

Coyle, the head of Georgia Watch, said she’s disappointed that weak consumer laws tie prosecutors' hands. “Municipalities can only do so much,” she said, referring to what she calls abusive behavior by the title-lending industry.

Sitting at his tidy ranch house in a leafy neighborhood in south Savannah, Robert Ball has a difficult time describing just how shocking it was when he realized in the summer of 2019 the extent of his debt with TitleMax.

Ball had become his wife’s full-time caregiver. Gloria was frail and barely had energy to get out of bed. Doctors had told him she had little time left. His sorrow was compounded by a second fear. Amid their increased medical bills, Robert had fallen behind on their mortgage payments. “When I was coming up, there were not a lot of Black folks who owned their home. If you have that roof, that is a sacred thing,” he said. “I was facing the loss of my wife. No way I could handle losing our home as well.”

On July 1, 2019, before the Fourth of July holiday weekend, Ball went to the TitleMax store on Abercorn Street to make his usual monthly payment. He asked the manager he had dealt with for two years just how much more was left on his debt. The manager looked up his account on her computer screen and delivered the crushing news.

Ball’s principal remained at $9,516 — just $2 less than the original amount of his pawn, according to court documents.

It had never occurred to Ball that his dedicated monthly payments weren’t paying down his principal. He assumed that, like a bank loan, if he paid what TitleMax told him to, he would eventually pay off the debt.

“It was a terrible feeling. I mean, I worked my whole life, for 38 years. I thought we were going to enjoy our retirement together. Instead, we were facing this kind of catastrophe. It’s a shameful situation for people like us — to be in debt,” Ball recalled.

He argued with the manager, but that didn’t change the ledger on her computer screen.

Ball didn’t know how to get his financial affairs in order, all while tending to his dying wife. He then got some unsolicited advice from a friend: Declare bankruptcy and try to get into a debt repayment plan. In Georgia, individuals who file for Chapter 13 bankruptcy work through a federal trustee to create a court-approved plan to repay creditors, often at steeply reduced rates. This was a solution, his friend advised, to keep the family house safe.

Ball, who spent his life as a medical tech delivering blood for the Red Cross, swallowed his pride and did it.

But the U.S. trustee appointed to Ball’s case had some more unwelcome news. His TitleMax pawn couldn’t be wrapped into a settlement with creditors. The company had status as a secured creditor due to Georgia’s pawn statutes, and would have to be paid back first and at the original terms of the title pawn.

Lorena Saedi, a bankruptcy lawyer and managing partner of Saedi Law Group in Atlanta, said stories like Ball’s are not unusual. At least once a week, she sees clients who are struggling with debt traps set by title lenders, and around a third of her bankruptcy cases include title lenders.

“There is no recourse. Title lenders operate a business that, while obviously immoral, is entirely legal in Georgia. It’s a terrible place to be powerless, poor or just down on your luck,” Saedi said.

Six months after Robert Ball filed for bankruptcy, Gloria died. Ball eventually paid off TitleMax.

Now, the 75-year-old spends his time trying not to drown in bitterness. Spending time with his daughter and grandchildren helps. Yet as he crawls out of the seven-year credit shadow caused by his bankruptcy, Ball prays that his old car doesn’t break down, and that he doesn’t need any expensive medical help himself.

“I have no safety net. I only have Jesus,” Ball said.

How We Measured the Title-Lending Industry in Georgia

To identify how many title pawns are made in Georgia, The Current and ProPublica compiled information from the Georgia Department of Revenue’s motor vehicle division, as well as from corporate websites and Google Maps.

Although Georgia does not officially track the number of title pawns issued in the state, every contract requires a lender to pay for and file a lien on the car used as collateral for the transaction, according to TitleMax managers, and that lien is then registered with the Department of Revenue. In order to estimate the number of title pawns issued, The Current and ProPublica requested data from the department on all liens across the state from July 2019 — after the state implemented a new system for tracking vehicle ownership information.

To identify which liens were title pawns — as opposed to, for instance, a loan to purchase a car — we cross-referenced the data with a list of title pawn store locations that we compiled from company websites and Google Maps. The news organizations also verified locations by calling stores and checking corporate websites to ensure that they were in operation and issued title pawns. Online-based title lenders were not included.

Some lenders licensed as installment lenders in Georgia offer auto-secured loans. However, because these companies operate under stricter financial services laws, their store locations were excluded unless they referred to their product specifically as a “title pawn.”

During the three-year period, Georgia title lenders placed liens on an average of more than 75,000 vehicles annually. TitleMax and TitleBucks stores accounted for roughly 47,000 of those liens on average. The analysis only includes liens recorded in the state’s electronic filing system, which accounted for around 95% of liens filed during those three years.

These tallies likely underestimate how many title pawns are made, since the data only indicate the first electronic lien on a car from a specific lender and exclude cases where return customers received subsequent pawns from the same store.

Students in the Covering Poverty Project at the University of Georgia’s Cox Institute for Journalism Innovation, Management and Leadership contributed research. Reporting for this project was supported by a grant from the Fund for Investigative Journalism.

by Margaret Coker, The Current, and Joel Jacobs, ProPublica, with research by Mollie Simon, ProPublica

Help Us Report on Stillbirths

2 years 5 months ago

Every year, more than 20,000 pregnancies in the United States end in stillbirth, the death of an expected child at 20 weeks or more.

That number exceeds infant mortality, and is 15 times the number of babies who died of Sudden Infant Death Syndrome, or SIDS, according to 2020 data from the Centers for Disease Control and Prevention.

These deaths are not inevitable. One study found that nearly one in four stillbirths may be preventable. But while other wealthy nations have reduced their stillbirth rate, the U.S. lags behind.

The stark racial disparities underscore the crisis. Black women are more than twice — and in some states close to three times — as likely to have a stillbirth as white women.

ProPublica has reported on stillbirths and is working to better understand their lasting effects. To do that, we need your help. We want to hear your stories and your struggles with everything from counseling to navigating the administrative process of obtaining a certificate of stillbirth.

We hope to hear from you, whether you’re a mother or a family member, a doctor or a doula, a collector of data or a researcher. Given the racial disparities, we are particularly interested in hearing from Black mothers and Black medical professionals.

We know this is a big ask. If writing about your experience is too painful, indicate that below and a reporter will try to get in touch directly. We appreciate you sharing your story and we take your privacy seriously. We are gathering these stories for the purposes of our reporting and will contact you if we wish to publish any part of your story.

We will read every response. We won’t be able to connect with everyone, but even if you don’t hear from us, please know that your responses will inform our next stories.

by Duaa Eldeib, Nadia Sussman, Liz Moughon and Adriana Gallardo

Her Child Was Stillborn at 39 Weeks. She Blames a System That Doesn’t Always Listen to Mothers.

2 years 5 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

The day before doctors had scheduled Amanda Duffy to give birth, the baby jolted her awake with a kick.

A few hours later, on that bright Sunday in November 2014, she leaned back on a park bench to watch her 19-month-old son Rogen enjoy his final day of being an only child. In that moment of calm, she realized that the kick that morning was the last time she had felt the baby move.

She told herself not to worry. She had heard that babies can slow down toward the end of a pregnancy and remembered reading that sugary snacks and cold fluids can stimulate a baby’s movement. When she got back to the family’s home in suburban Minneapolis, she drank a large glass of ice water and grabbed a few Tootsie Rolls off the kitchen counter.

But something about seeing her husband, Chris, lace up his shoes to leave for a run prompted her to blurt out, “I haven’t felt the baby kick.”

Chris called Amanda’s doctor, and they headed to the hospital to be checked. Once there, a nurse maneuvered a fetal monitor around Amanda’s belly. When she had trouble locating a heartbeat, she remarked that the baby must be tucked in tight. The doctor walked into the room, turned the screen away from Amanda and Chris and began searching. She was sorry, Amanda remembers her telling them, but she could not find a heartbeat.

Amanda let out a guttural scream. She said the doctor quickly performed an internal exam, which detected faint heart activity, then rushed Amanda into an emergency cesarean section.

She woke up to the sound of doctors talking to Chris. She listened but couldn’t bring herself to face the news. Her doctor told her she needed to open her eyes.

Amanda, then 31, couldn’t fathom that her daughter had died. She said her doctors had never discussed stillbirth with her. It was not mentioned in any of the pregnancy materials she had read. She didn’t even know that stillbirth was a possibility.

But every year more than 20,000 pregnancies in the United States end in stillbirth, the death of an expected child at 20 weeks or more. That number has exceeded infant mortality every year for the last 10 years. It’s 15 times the number of babies who, according to the Centers for Disease Control and Prevention, died of Sudden Infant Death Syndrome, or SIDS, in 2020.

The deaths are not inevitable. One study found that nearly one in four U.S. stillbirths may be preventable. For pregnancies that last 37 weeks or more, that research shows, the figure jumps to nearly half. Thousands more babies could potentially be delivered safely every year.

But federal agencies have not prioritized critical stillbirth-focused studies that could lead to fewer deaths. Nearly two decades ago, both the CDC and the National Institutes of Health launched key stillbirth tracking and research studies, but the agencies ended those projects within about a decade. The CDC never analyzed some of the data that was collected.

Unlike with SIDS, a leading cause of infant death, federal officials have failed to launch a national campaign to reduce the risk of stillbirth or adequately raise awareness about it. Placental exams and autopsies, which can sometimes explain why stillbirths happened, are underutilized, in part because parents are not counseled on their benefits.

Federal agencies, state health departments, hospitals and doctors have also done a poor job of educating expectant parents about stillbirth or diligently counseling on fetal movement, despite research showing that patients who have had a stillbirth are more likely to have experienced abnormal fetal movements, including decreased activity. Neither the CDC nor the NIH have consistently promoted guidance telling those who are pregnant to be aware of their babies’ movement in the womb as a way to possibly reduce their risk of stillbirth.

The American College of Obstetricians and Gynecologists, the nation’s leading obstetrics organization, has been slow to update its own guidance to doctors on managing a stillbirth. In 2009, ACOG issued a set of guidelines that included a single paragraph regarding fetal movement. Those guidelines weren’t significantly updated for another 11 years.

Perhaps it’s no surprise that federal goals for reducing stillbirths keep moving in the wrong direction. In 2005, the U.S. stillbirth rate was 6.2 per 1,000 live births. The U.S. Department of Health and Human Services, in an effort to eliminate health disparities and establish a target that was “better than the best racial or ethnic group rate,” set a goal of reducing it to 4.1 for 2010. When that wasn’t met, federal officials changed their approach and set what they called more “science-based” and “realistic” goals, raising the 2020 target to 5.6. The U.S. still fell short. The 2030 goal of 5.7 was so attainable that it was met before the decade started. The 2020 rate, the most current according to the CDC, is 5.74.

By comparison, other wealthy countries have implemented national action plans to prevent stillbirth through awareness, research and care. Among other approaches, those countries have focused on increasing education around stillbirth and the importance of a baby’s movements, reducing rates of smoking and identifying fetuses that grow too slowly in the womb.

The efforts have paid off. The Netherlands, for instance, has reduced its rate of stillbirths at 28 weeks or later by more than half, from 5.2 in 2000 to 2.3 in 2019, according to a study published last year in The Lancet.

Dr. Bob Silver, chair of the obstetrics/gynecology department at University of Utah Health and a leading stillbirth expert, coauthored the study that estimated nearly one in four stillbirths are potentially preventable, a figure he referred to as conservative. He called on federal agencies to declare stillbirth reduction a priority the same way they have done for premature birth and maternal mortality.

“I’d like to see us say we really want to reduce the rate of stillbirth and raise awareness and try to do all of the reasonable things that may contribute to reducing stillbirths that other countries have done,” Silver said.

The lack of comprehensive attention and action has contributed to a stillbirth crisis, shrouded in an acceptance that some babies just die. Compounding the tragedy is a stigma and guilt so crushing that the first words some mothers utter when their lifeless babies are placed in their arms are “I’m sorry.”

In the hospital room, Amanda Duffy finally opened her eyes. She named her daughter Reese Christine, the name she had picked out for her before they found out she had died. She was 8 pounds, 3 ounces and 20 1/2 inches long and was born with her umbilical cord wrapped tightly around her neck twice. The baby was still warm when the nurse placed her in Amanda’s arms. Amanda was struck by how lovely her daughter was. Rosy skin. Chris’ red hair. Rogen’s chubby cheeks.

As Amanda held Reese, Chris hunched over the toilet, vomiting. Later that night, as he lay next to Amanda on the hospital bed, he held his daughter. He hadn’t initially wanted to see her. He worried she would be disfigured or, worse, that she would be beautiful and he would fall apart when he couldn’t take her home.

The nurses taught Amanda and Chris how to grieve and love simultaneously. One nurse told Amanda how cute Reese was and asked if she could hold her. Another placed ice packs in Reese’s swaddle to preserve her body so Amanda could keep holding her. Amanda asked the nurses to tuck cotton balls soaked in an orange scent into Reese’s blanket so the smell would trigger the memory of her daughter. And just as if Reese had been born alive, the nurses took pictures and made prints of her hands and feet.

“I felt such a deep, abiding love for her,” Amanda said. “And I was so proud to be her mom.”

Duffy holds a stuffed elephant in memory of her daughter, Reese, who was stillborn at 8 pounds, 3 ounces and 20 ½ inches long, with her umbilical cord wrapped tightly around her neck twice. (Jenn Ackerman, special to ProPublica)

On the way home from the hospital, Amanda broke down at the sight of Reese’s empty car seat. The next few weeks passed in a sleep-filled fog punctuated by intense periods of crying. The smell of oranges wrecked her. Her breast milk coming in was agonizing, physically and emotionally. She wore sports bras stuffed with ice packs to ease the pain and dry up her milk supply. While Rogen was at day care, she sobbed in his bed.

In the months that followed, Amanda and Chris searched for answers and wondered whether their medical team had missed warning signs. Late at night, Amanda turned to Google to find information about stillbirths. She mailed her medical records to a doctor who studies stillbirths, who she said told her that Reese’s death could have been prevented. They briefly discussed legal action against her doctors, but she said a lawyer told her it would be difficult to sue.

Amanda and Chris pinpointed her last two months of pregnancy as the time things started to go wrong. She had been diagnosed with polyhydramnios, meaning there was excess amniotic fluid in the womb. Her doctor had scheduled additional weekly testing.

One of those ultrasounds revealed problems with the blood flow in the umbilical cord. Reese’s cord also appeared to be wrapped around her neck, Amanda said later, but was told that was less of a concern, since it occurs in about 20% of normal deliveries. At another appointment, Amanda’s medical records show, Reese failed the portion of a test that measures fetal breathing movements.

At 37 weeks, Amanda told one of the midwives the baby’s movements felt different, but, she said, the midwife told her that it was common for movements to feel weaker with polyhydramnios. At that point, Amanda felt her baby was safer outside than inside and, her medical records show, she asked to schedule a C-section.

Despite voicing concerns about a change in the baby’s movement and asking to deliver earlier, Amanda said she and her husband were told by her midwife she couldn’t deliver for another two weeks. The doctor “continues to advise 39wks,” her medical records show. Waiting until 39 weeks is usually based on a guideline that deliveries should not happen before then unless a medical condition specifically warrants it, because early delivery can lead to complications.

Amanda would have to wait until 39 weeks and one day because, she said, her doctors didn’t typically do elective deliveries on weekends. Amanda was disappointed but said she trusted her team of doctors and midwives.

“I’m not a pushy person,” she said. “My husband is not a pushy person. That was out of our comfort zone to be, like, ‘What are we waiting for?’ But really what we wanted them to say was ‘We should deliver you.’”

Amanda’s final appointment was a maximum 30-minute-long ultrasound that combined a number of assessments to check amniotic fluid, fetal muscle tone, breathing and body movement. After 29 minutes of inactivity, Amanda said, the baby moved a hand. In the parking lot, Amanda called her mother, crying in relief. Four more days, she told her.

Less than 24 hours before the scheduled C-section, Reese was stillborn.

Four months after her death, Amanda, then a career advisor at the University of Minnesota, and Chris, a public relations specialist, wrote a letter to the University of Minnesota Medical Center, where Amanda had given birth to her dead daughter. They said they had “no ill feelings” toward anyone, but “it pains us to know that her death could’ve been prevented if we would have been sent to labor and delivery following that ultrasound.”

They noted that though they were told that Reese had passed the final ultrasound where she took 29 minutes to move, they had since come to believe that she had failed because, according to national standards, at least three movements were required. They also blamed a strict adherence to the 39-week guideline. And they encouraged the hospital staff to read more on umbilical cord accidents and acute polyhydramnios, which they later learned carries an increased stillbirth risk.

The positive feelings they had from speaking up were replaced by dismay when the hospital responded with a three-paragraph letter, signed by seven doctors and eight nurses. They said they had reexamined each medical decision in her case and concluded they had made “the best decisions medically possible.” They expressed their sympathy and said it was “so very heartwarming that you are trying to turn your tragic loss into something that will benefit others.”

Amanda felt dismissed by the medical team all over again. She didn’t expect them to admit fault, but she said she hoped that they would at least learn from Reese’s death to do things differently in the future. She was angry, and hurt, and knew that she would need to find a new doctor.

A spokesperson for the University of Minnesota Medical School told ProPublica she could not comment on individual patient cases and did not respond to questions about general protocols. “We share the physicians’ condolences,” she wrote, adding that the doctors and the university “are dedicated to delivering high quality, accessible and inclusive health care.”

For many expectant parents, it’s hard to muster the courage to call a doctor about something they’re not even sure is a problem.

“Moms self-censor a lot. No one wants to be that mom that all the doctors are rolling their eyes at because she’s freaking out over nothing,” said Samantha Banerjee, executive director of PUSH for Empowered Pregnancy, a nonprofit based in New York state that works to prevent stillbirths. Banerjee’s daughter, Alana, was stillborn two days before her due date.

Samantha Banerjee’s daughter was stillborn two days before her due date. Banerjee is now the executive director of a nonprofit working to reduce stillbirths. (Jenn Ackerman, special to ProPublica)

In addition to raising awareness that stillbirths can happen even in low-risk pregnancies, PUSH teaches pregnant people how to advocate for themselves. The volunteers advise them to put their requests in writing and not to spend time drinking juice or lying on their side if they are worried about their baby’s lack of movement. In the majority of cases, a call or visit to the hospital reassures them.

But, the group tells parents, if their baby is in distress, calling their doctor can save their life.

Debbie Haine Vijayvergiya is fighting another narrative: that stillbirths are a rare fluke that “just happen.” When her daughter Autumn Joy was born without a heartbeat in 2011, Haine Vijayvergiya said, her doctor told her having a stillborn baby was as rare as being struck by lightning.

She believed him, but then she looked up the odds of a lightning strike and found they are less than one in a million — and most people survive. In 2020, according to the CDC, there was one stillbirth for about every 175 births.

“I’ve spoken to more women than I can count that said, ‘I raised the red flag, and I was sent home. I was told to eat a piece of cake and have some orange juice and lay on my left side,’ only to wake up the next day and their baby is not alive,” said Haine Vijayvergiya, a New Jersey mother and maternal health advocate.

She has fought for more than a decade to pass stillbirth legislation as her daughter’s legacy. Her current undertaking is her most ambitious. The federal Stillbirth Health Improvement and Education (SHINE) for Autumn Act, named after her daughter, would authorize $9 million a year for five years in federal funding for research, better data collection and training for fetal autopsies. But it is currently sitting in the Senate Committee on Health, Education, Labor, and Pensions.

Not all stillbirths are preventable, and medical experts agree more research is needed to determine who is most at risk and which babies can potentially be saved. Complicating matters is the wide range of risk factors, including hypertension and diabetes, smoking, obesity, being pregnant with multiples, being 35 or older and having had a previous stillbirth.

ProPublica reported this summer on how the U.S. botched the rollout of COVID-19 vaccines for pregnant people, who faced an increased risk for stillbirth if they were unvaccinated and contracted the virus, especially during the delta wave.

Doctors often work to balance the risk of stillbirth with other dangers, particularly an increased chance of being admitted to neonatal intensive care units or even death of the baby if it is born too early. ACOG and the Society for Maternal-Fetal Medicine have issued guidance to try to slow a rise in elective deliveries before 39 weeks and the potential harm that can result. The Joint Commission, a national accrediting organization, began evaluating hospitals in 2010 based on that standard.

A 2019 study found that the risks of stillbirth slightly increased after the rule went into effect, but fewer infants died after birth. Other studies have not found an effect on stillbirths.

Last year, the obstetric groups updated their guidance to allow doctors to consider an early delivery if a woman has anxiety and a history of stillbirth, writing that a previous stillbirth “may” warrant an early delivery for patients who understand and accept the risks. For those who have previously had a stillbirth, one modeling analysis found that 38 weeks is the optimal timing of delivery, considering the increased risk of another stillbirth.

“A woman who has had a previous stillbirth at 37 weeks — one could argue that it’s cruel and unusual punishment to make her go to 39 weeks with her next pregnancy, although that is the current recommendation,” said Dr. Neil Mandsager, a maternal-fetal medicine specialist in Iowa and a medical advisor to a stillbirth prevention nonprofit.

At or after 40 weeks, the risk of stillbirth increases, especially for women 35 or older. Their risk, research shows, is doubled from 39 weeks to 40 and is more than six times as high at 42 weeks. In 2019 and 2020, a combined 1,200 stillbirths occurred between 40 and 42 weeks, according to the most recent CDC data.

Deciding when a patient should deliver entails weighing the risks to the mother and the infant against a possible stillbirth as the pregnancy continues, said Dr. Mark Turrentine, chair of ACOG’s Clinical Consensus Committee-Obstetrics, which helped create the guidance on managing a stillbirth. He said ACOG has addressed stillbirth in other documents and extensively in its 2021 guidance on fetal surveillance and testing, which is done to reduce the risk of stillbirth.

ACOG said it routinely reviewed its guidance on management of stillbirth but was unable to make significant updates “due to the lack of new, evidence-based research.” While prevention is a great concern to ACOG, Turrentine said it’s difficult to know how many stillbirths are preventable.

He said it’s standard practice for doctors to ask about fetal movement, and ACOG updated its guidance after new research became available. Doctors also need to include patients in decision-making and tailor care to them, he said, whether that’s using aspirin in patients at high risk of preeclampsia — a serious high blood pressure condition during pregnancy — or ordering additional tests.

After Reese’s death, Amanda and Chris Duffy wanted to get pregnant again. They sought out an obstetrician-gynecologist who would educate and listen to them. They set up several consultations until they found Dr. Emily Hawes-Van Pelt, who was recommended by another family who had had a stillbirth.

Hawes-Van Pelt cried with Amanda and Chris at their first meeting.

“I told her I was scared to be involved,” Hawes-Van Pelt said. “It’s such a tricky subsequent pregnancy because there’s so much worry and anxiety about the horrible, awful thing happening again.”

Dr. Emily Hawes-Van Pelt helped Duffy deliver a healthy baby boy, Rhett, a year after her daughter, Reese, was stillborn. (Jenn Ackerman, special to ProPublica)

Amanda’s fear of delivering another dead baby led to an all-consuming anxiety, but Hawes-Van Pelt supported her when she asked for additional monitoring, testing and an early delivery.

When Hawes-Van Pelt switched practices midway through Amanda’s pregnancy, Amanda followed her. But the new hospital pushed back on the early delivery.

“We intervene early for poorly controlled diabetes,” Hawes-Van Pelt said. “We intervene early for all sorts of medical issues. Anxiety and prior stillbirth are two medical issues that we can intervene earlier for.”

Hawes-Van Pelt said she learned a lot from caring for Amanda, who made her reevaluate some of her own assumptions around stillbirths.

“I had a horrible fear of scaring women unnecessarily, and then realized that I was just not preparing women or educating them because of my own fears around it,” she said. “If you can carry a human being in your body and birth that human being and take care of it, you can hear those words.”

The hospital eventually agreed to let Hawes-Van Pelt schedule Amanda for a 37-week C-section. But after Amanda was again diagnosed with polyhydramnios, she went in for a C-section even earlier. She gave birth in 2015 to a healthy boy she and Chris named Rhett. Two years later, Amanda and Hawes-Van Pelt followed the same pregnancy plan, and she delivered a girl named Maeda Reese. Amanda chose the name because, when said quickly, it sounds like “made of Reese.”

Today, Amanda and Chris Duffy have three living children, Rogen, 9, Rhett, 7, and Maeda Reese, 5. (Jenn Ackerman, special to ProPublica)

Federal agencies, national organizations and state and city officials have mobilized in recent years to address maternal mortality, when mothers die during pregnancy, at delivery or soon after childbirth. They have focused on improving data collection, passing legislation and creating awareness campaigns that encourage medical professionals and others to listen when women say something doesn’t feel right.

In 2017, ProPublica and NPR documented the U.S. maternal mortality crisis, including alarming racial disparities.

According to CDC data, Black women face nearly three times the risk of maternal mortality. They also are more than twice — and in some states close to three times — as likely to have a stillbirth than white women, meaning not only are Black mothers dying at a disproportionate rate, so are their babies.

Janet Petersen, a state senator from Iowa, said it gives her hope to see how the country has turned its attention to maternal mortality and disparities in health care. She simply cannot understand why stillbirth isn’t being met with the same urgency.

In 2020, the CDC reported 861 mothers died either while pregnant or within six weeks of giving birth. That same year, 20,854 babies were stillborn.

Stillbirth, Petersen said, is a missing piece of the puzzle. Research shows the likelihood of severe maternal complications was more than four times higher for pregnancies that ended in stillbirths, and mothers who died within six weeks of delivery were more likely to have had a stillbirth.

“We see it over and over again that stillbirth is one of the maternal health care issues that continuously gets ignored,” said Petersen, a Democrat.

Petersen was a young legislator in 2003 when her daughter Grace was born still. Devastated, she thought of her grandmother, who lost a baby to stillbirth in 1920, just a few weeks before women got the right to vote.

First image: Iowa state Sen. Janet Petersen’s daughter was stillborn in 2003, 83 years after her grandmother lost a baby to stillbirth. Second image: Petersen’s grandmother and grandfather in a family photo. (Jenn Ackerman, special to ProPublica)

“I was laying in my hospital bed thinking, ‘How could this still be happening in our country?’” Petersen recalled. “And it seemed, from the medical perspective, that, well, stillbirth happens. We can’t do anything to prevent them.”

Over the next few months, Petersen heard from other mothers who had lost their babies and wanted to spark change. As an elected official, Petersen was in a position to do that. In 2004, she introduced legislation that required the Iowa Department of Public Health to create a stillbirths work group, later securing funding through the CDC to create a stillbirth registry.

But the CDC didn’t renew the funding and never analyzed the data from the registry, though a CDC spokesperson said the Iowa Department of Public Health examined the data. Officials from the department did not respond to requests for comment.

Petersen and her fellow mothers pivoted. After hearing how researchers in Norway were able to increase awareness around fetal movement, they co-founded a nonprofit aimed at doing the same in the U.S.

The group, Healthy Birth Day, created colorful “Count the Kicks” pamphlets — and later an app — teaching pregnant people how to track a baby’s movements and establish what is normal for them. Monitoring a baby’s movements is the earliest and sometimes only indication that something may be wrong, said Emily Price, chief executive officer of Healthy Birth Day. One of the organization’s main messages is for pregnant people to speak up and clinicians to listen.

“Unfortunately, there are still doctors who brush women off or send them home when they come in with a complaint of a change in their baby’s movements,” Price said. “And babies are dying because of it.”

One Indiana county, which recorded 65 stillbirths from 2017 through 2019, reported that 74% had either some chance or a good chance of prevention, according to St. Joseph County Department of Health’s Fetal Infant Mortality Review program. For mothers who experienced decreased fetal movement in the few hours or days before the stillbirth, that estimate jumped to 90%.

Although there is not a scientific consensus that kick counting can prevent stillbirths, national groups, including ACOG, recommend that medical professionals encourage their patients to be aware of fetal movement patterns. ACOG also advises medical professionals to be attentive to a mother’s concerns about reduced movement and address them “in a systematic way.”

One complaint the CDC hears too often, an agency spokesperson said, is that pregnant people and those who gave birth recently find that their concerns are dismissed or ignored. “Listening and taking the concerns of pregnant and recently pregnant people seriously,” she said, “is a simple, yet powerful action to prevent serious health complications and even death.”

The CDC, she said, is “very interested” in expanding its research on stillbirth, which is “a crucial part of the development of any awareness or prevention campaigns.” In addition to working to improve its stillbirth data quality, the agency has funded some pilot programs at the city and state level to better track stillbirths, survey people who have had a stillbirth and research risk factors and causes. The Iowa registry, she said, led the CDC to fund different research projects in Arkansas and Massachusetts, which are ongoing.

In 2009, the CDC acknowledged that fetal mortality remained a “major, but often overlooked, public health problem.” Officials wrote that much of the public health concern had been focused on infant mortality “in part due to lesser awareness of the magnitude of fetal mortality, its causes, and prevention strategies.”

But little has changed over the past 13 years. Echoing its earlier message, the CDC this year declared that “much work remains” and that “stillbirth is not often viewed as a public health issue, so increased awareness is key.”

A spokesperson for the Eunice Kennedy Shriver National Institute of Child Health and Human Development, which is part of the NIH, said the agency has continually funded research on stillbirths, even after one of its key studies ended. The agency, she said, also supports research on conditions that increase the risk of stillbirth.

As a scientific research institute, it does not issue clinical guidelines or recommendations, she said, though it did launch the Safe to Sleep campaign in 1994, two decades after Congress put it in charge of SIDS federal research efforts. That campaign, which educates parents and caregivers on ways to reduce the risk of SIDS, highlights recommendations issued by the American Academy of Pediatrics. She said the agency will continue to collaborate with organizations that raise awareness about stillbirth and other pregnancy complications “to amplify their messages and efforts.”

“NICHD continues to support research on the prevention, causes, frequency, and risk factors of stillbirth,” the spokesperson said in an email. “Our commitment to enhancing understanding of stillbirth and improving outcomes focuses on building the scientific knowledge base.”

But getting laws on the books that could raise awareness around stillbirth — even when they don’t require additional funding — has been a struggle. Petersen and Price are pushing Congress to pass legislation that would add stillbirth research and prevention to the list of activities approved for federal maternal health dollars.

Though the bill doesn’t ask for any additional funding, it has not yet passed.

In addition, the SHINE for Autumn Act breezed through the House of Representatives in December 2021. After Haine Vijayvergiya, the New Jersey mother who has championed it, secured bipartisan support from U.S. Sens. Cory Booker, D-N.J., and Marco Rubio, R-Fla., she thought the most comprehensive stillbirth legislation in U.S. history would finally become law.

Neither bill has sparked controversy.

But months after press releases announced the SHINE legislation and referred to the U.S. stillbirth rate as “unacceptable,” lawmakers and the families they represent are running out of time as this session of Congress prepares to adjourn.

“From the day that the bill was introduced into the Senate,” Haine Vijayvergiya said, “approximately 13,000 babies have been born still.”

Last month, on a brilliant fall day much like the one when Reese was stillborn, Amanda Duffy bent down to kiss her son Rogen’s head before they walked on stage.

She wore a soft blue T-shirt tucked into her jeans that read “Be courageous.” The message was as much for her as it was for the crowd on the National Mall in Washington, D.C., many of them like her, mothers who didn’t know stillbirth happened until it happened to them. Since Reese’s death, she has coached doctors and nurses on improving care for patients who have suffered pregnancy loss. Among her many suggestions, she tells them their first words when a concerned patient reaches out should be “I’m so glad you called.”

A few hundred people had gathered for The Big PUSH to End Preventable Stillbirth, billed as the first-ever march on the issue. As part of an art installation, Amanda wrote a note to Reese: “You’re pretty magical & for that I’m grateful. You’re a change maker and you are so very loved. Love, Mama.” Before she slipped the folded paper into a sea of more than 20,000 baby hats, Rogen added his own message: “Hope you are having a good time — Rogen.”

Reese would have turned 8 this month.

Before Amanda spoke, she took a deep breath and silenced her nerves. She walked onto the stage and called on Congress to pass the stillbirth legislation before it. She didn’t ask. She demanded.

“It’s time to empower pregnant people and their care providers with information that leads to prevention,” she insisted.

With the afternoon sun bearing down, Amanda and Rogen disappeared into the crowd of families marching toward the Capitol. Many carried signs. Some pushed empty strollers. Amanda was still wearing the orange-scented oil she had rubbed on her wrists that morning.

Amanda Duffy and Rogen march on the National Mall in Washington, D.C., calling on Congress to pass stillbirth legislation. (Jenn Ackerman, special to ProPublica)

Help Us Report on Stillbirths

by Duaa Eldeib

Report Finds “Code of Silence” at Mental Health Facility Where Staff Abused and Neglected Patients

2 years 5 months ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Lee Enterprises, along with Capitol News Illinois. Sign up for Dispatches to get stories like this one as soon as they are published.

Several employees at Choate Mental Health and Developmental Center attempted to cover up a brutal assault on a patient, according to a new report by the watchdog office within the Illinois Department of Human Services.

The report by the IDHS Office of the Inspector General said that the “widespread attempted cover-up” around that incident pointed to a deeply entrenched “code of silence” among some workers.

The OIG report comes after a series of stories by Capitol News Illinois, Lee Enterprises Midwest and ProPublica revealing a culture of patient abuse and cover-ups at the state-run facility in rural southern Illinois that serves people with developmental disabilities, mental illnesses or a combination of disorders. The news organizations’ reports detailed the beating of Blaine Reichard in December 2014 and attempts by staff to conceal the abuse; the series also showed how workers accused of abuse allegations seldom face serious consequences for their actions.

The OIG report, which comes nearly eight years after the attack on Reichard, echoed many of the news organizations’ findings and called on IDHS to do more to protect patients’ safety. The news organizations had sought the report when it was finalized in September under the Illinois Freedom of Information Act, but the request was denied until this month.

Among the most egregious violations, the OIG’s investigation found that mental health technician Mark Allen held Reichard in a chokehold and punched him repeatedly in the face after the two argued, leaving the patient with two black eyes, a busted lip and bruising to his face and upper body. The OIG additionally cited five mental health technicians for neglect after they witnessed the abuse but didn’t seek medical care for the patient or report the abuse to authorities, despite the fact that one of them later told authorities that it looked like Reichard had “gone three rounds with Mike Tyson.”

But the OIG investigation showed that the problem was not confined to a few bad actors. Among the challenges investigators faced when they were called to the scene: One of the mental health technicians initially lied to state police and said he’d been in the bathroom at the time of the abuse. A housekeeper told them she hadn’t seen any blood in Reichard’s room but later acknowledged that she had. A social worker who was romantically involved with Allen leaked information to him about the investigation. And a nurse and doctor gave misleading statements about the extent of Reichard’s injuries, the OIG report said.

That collusion led the inspector general to find Choate itself negligent. The facility, the OIG said, must be held responsible for “failing to prevent the establishment of a culture in which so many employees chose to protect their fellow employees instead of protecting an abused individual and apparently felt comfortable doing so.”

The OIG report concluded: “That so many employees participated in the cover-up of the abuse of [the patient] suggests that this type of conduct may be endemic at Choate.” Previous reporting by the news organizations revealed credible abuse allegations in which the state’s attorney declined to bring charges because he said that employees would not cooperate in determining what happened.

An excerpt from the “Recommendations” section of the Illinois Department of Human Services inspector general’s report calling for employees who impede investigations to be held responsible. (Source: OIG Report obtained by Capitol News Illinois)

The OIG report said that it is “crucial” that when staff lie or withhold information in an investigation, they “experience consequences for their actions” — and that one of the best ways to identify such conspiracies is by using video footage. The watchdog recommended the installation of interior security cameras at Choate in order to break the code of silence “from the onset.”

In the Reichard case, more than a year passed before anyone was arrested in connection with the beating. In 2016, Allen was charged with felony battery and intimidation, and three others — Curt Ellis, Eric Bittle and Justin Butler — were charged with felony obstruction of justice. All ultimately accepted plea deals for reduced charges: Allen was convicted of felony obstruction of justice for lying to the police, and the others were convicted of failing to report the abuse, a misdemeanor.

But no one was held criminally responsible for abusing Reichard and no one served prison time.

Reporting by the news organizations also showed that Allen continued to be paid for a full year after the attack, up until he was criminally charged. He has been suspended without pay since then and resigned in early October, a department spokesperson said.

But the other three had never missed a state paycheck until they were suspended pending termination last week in the wake of the OIG report finding them negligent. The state has paid them, collectively, in excess of $1 million since Reichard’s attack. Initially, they were assigned to duties away from patients, such as lawn care, cooking and laundry; later, they were sent home on administrative leave.

In addition to the OIG findings against those who faced criminal charges, the report cited two other employees for neglect — Christopher Lingle and John “Mike” Dickerson; the report concluded that both witnessed the abuse and didn’t intervene or report it. Lingle continued to work until earlier this year and is now suspended without pay pending termination. Dickerson worked at the facility until he retired in 2017. In his last three years on the job, he mowed the lawns at Choate.

In a statement, IDHS spokesperson Marisa Kollias said that all of the employees named in the report had either resigned or were suspended pending discharge following the conclusion of the OIG investigation in September. She previously said that IDHS could not take disciplinary action against the employees until the conclusion of OIG’s case. That investigation was held up for eight years awaiting the resolution of Allen’s court case, which concluded last December.

Allen could not be reached for comment. A spokesperson for the union who represents the other employees named in the case did not respond to an email seeking information about their employment status. When reporters reached out to them for an earlier article about the incident, Butler, Bittle, Ellis and Dickerson did not respond to requests to comment. Lingle, who was not named in the prior story, did not respond to a message sent via Facebook this week.

Kollias also said that in the eight years since the case began, “additional safeguards have been put in place to protect residents, patients and staff from harm.” Those changes include bringing in Equip for Equality, a legal advocacy organization, to monitor conditions inside the unit, setting up training on the reporting of abuse and neglect, beefing up the security and professional staff at Choate and installing security cameras — something the OIG has called for more than 20 times over the past five years. (This week, the IDHS spokesperson said the department has 39 cameras and plans to begin installing them this month.)

Despite OIG’s call for more serious consequences for employees who impede abuse investigations, the report stopped short of issuing more serious findings against the mental health technicians that would have prohibited those staffers from seeking employment in a different health care setting such as a hospital, nursing home or veterans home.

State law requires that the OIG report the names of any employees it cites for abuse or “egregious neglect” to the Illinois Department of Public Health’s Health Care Worker Registry. Under that law, Allen will be reported to the registry but the others will not.

Stacey Aschemann, a vice president with Equip for Equality, said the fact that these workers are not prohibited from future employment with vulnerable populations is “very troubling.” Peter Neumer, IDHS’ inspector general, said it is his office’s general policy not to comment on specific details of its investigations or its decision-making process.

Aschemann, an attorney, said it is evident from the report that the OIG felt constrained by the current regulatory language. The report stated that the behavior of the workers who witnessed the abuse was “profoundly troubling” but did not fit the legal definition of “egregious” because Allen, not the other technicians, was directly responsible for the injuries, and because the other technicians’ failure to report the abuse did not result in the patient’s death or a serious deterioration in his physical condition.

Though he declined to comment directly on the case, Neumer signaled that legislative action may be needed. “OIG,” he said, “is prepared to collaborate on and advocate for policy changes to further deter employees from engaging in ‘code of silence’-type behavior.”

Aschemann was more direct, saying that Illinois lawmakers should address shortcomings in the laws governing conduct standards for direct-care workers.

”It is clear that laws need to be updated to both impose harsher penalties for this misconduct and to ensure that employees who turn a blind eye to the well-being of the people they are paid to help are reported to the Illinois Health Care Worker Registry as ineligible to work in health care settings,” she said.

by Beth Hundsdorfer, Capitol News Illinois, and Molly Parker, Lee Enterprises Midwest

How the FCC Shields Cellphone Companies From Safety Concerns

2 years 5 months ago

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The health complaints started rolling in within weeks of the activation of a new cellphone tower in August 2020 in Pittsfield, an old factory town in Massachusetts’ Berkshire Mountains. Seventeen residents reported headaches, dizziness, insomnia or confusion. A few children had to sleep with “vomit buckets” by their beds.

Like many people, Bobbie Orsi had never paid close attention to questions about the health effects of cellphone technology. She mostly viewed it as an issue that had long ago been put to rest. But after becoming the chair of Pittsfield’s Board of Health as the complaints emerged, Orsi, a 66-year-old registered nurse who had spent much of her career in public health, decided to educate herself. She combed through a stack of research studies. She watched webinars. She grilled a dozen scientists and doctors.

Over several months, Orsi went from curious, to concerned, to convinced, first, that radio-frequency emissions from Verizon’s 115-foot 4G tower were to blame for the problems in Pittsfield, and second, that growing evidence of harm from cellphones — everything from effects on fertility and fetal development to associations with cancer — has been downplayed in the United States.

Orsi and the Pittsfield board decided to try to do something about Verizon’s tower. They quickly discovered that they would get no help from federal regulators. The Federal Communications Commission, which has responsibility for protecting Americans from potential radiation hazards generated by wireless transmitters and cellphones, has repeatedly sided with the telecom industry in denying the possibility of virtually any human harm.

Worse, from Orsi’s perspective, federal law and FCC rules are so aligned with the industry that state and local governments are barred from taking action to block cell towers to protect the health of their citizens, even as companies are explicitly empowered to sue any government that tries to take such an action. It turned out that Verizon, in such matters, has more legal rights than the people of Pittsfield.

Still, the lawyers for Orsi and her colleagues thought they saw a long-shot legal opening: They would argue that the FCC’s exclusive oversight role applied only to approving cell tower sites, not to health problems triggered after one was built and its transmitters switched on. In April 2022, the Pittsfield Health Board issued an emergency cease-and-desist order directing Verizon to shut down the tower as a “public nuisance” and “cause of sickness” that “renders dwellings unfit for human habitation.” (Several families had abandoned their homes.) The order was the first of its kind in the country. It was, Orsi said, “a gutsy move — maybe naively gutsy.”

The Board of Health in Pittsfield, Massachusetts, tried to fight Verizon over a 4G tower. (Patrick Dodson for ProPublica)

Almost as quickly as the battle began, it ended. On May 10, Verizon sued the city in federal court. The company contended that the Pittsfield residents’ medical complaints were bogus. And, in any case, Verizon argued, the cease-and-desist order was barred because federal law gave the FCC the sole power to regulate wireless-radiation risks. Fearing a hopeless and costly David-and-Goliath battle, Pittsfield’s City Council refused to fund the fight. A month later, the Board of Health withdrew its cease-and-desist order.

But it was a signal of a growing fear — other cities have fought cell sites only to be forced to back down — and evidence of a striking shoulder-to-shoulder partnership between a federal agency and the industry it is supposed to regulate. The build-out of a new generation of wireless networks, known as 5G, is amping up the stakes of this conflict for localities across America. It will require an estimated 800,000 new base stations, including both towers and densely spaced “small cell” transmitters mounted on rooftops and street poles. That means nearly tripling the current number of transmitters, and many of them will be placed close to houses and apartments.

The FCC has held firm to its position that there’s no reason for concern. In a statement for this article, a spokesperson said the agency “takes safety issues very seriously” but declined to make officials available for on-the-record interviews.

The FCC is an improbable organization to serve the role of protecting humans. It specializes in technical issues that make the communications system function, not in health and safety. “At the FCC, they feel like this is really not their problem,” said Edwin Mantiply, who dealt with cellphone-radiation issues before retiring from the agency four years ago. “It’s not their job to do this kind of thing. They might have a token biologist or two, but that’s not their job.” The result, Mantiply said, was that in situations where the science isn’t black and white — and it isn’t when it comes to cellphones — the agency tended to listen to the telecom industry, which vehemently insists that cellphones are safe. “They don’t really want to deal with uncertainty,” Mantiply said of the FCC.

In the view of Mantiply and a rising number of scientists, there’s more than enough evidence about cellphone risks to be concerned — and some of the strongest evidence comes from the federal government itself. In 2018, a massive, nearly-two-decade study by the National Toxicology Program, part of the National Institutes of Health, found “clear evidence” that cellphone radiation caused cancer in lab animals. “We’re really in the middle of a paradigm shift,” said Linda Birnbaum, who was director of the NTP until 2019. It’s no longer right to assume cellphones are safe, she said. “Protective policy is needed today. We really don’t need more science to know that we should be reducing exposures.”

The FCC rejected the need for any such action when it reviewed its standards on cellphone radiation in 2019. The agency decided it would continue to rely on exposure limits it established in 1996, when Motorola’s StarTAC flip phone was considered cutting edge.

The Motorola StarTAC flip phone was considered cutting edge in 1996 when the Federal Communications Commission established exposure limits for cellphones. The agency has not updated those limits since. (SSPL/Getty Images)

The way the FCC went about reexamining its standards so dismayed a federal appeals court that, in 2021, it excoriated the agency for what it called a “cursory analysis.” The court accused it of “brushing off” evidence of potential harm and failing to explain its reasoning. The agency’s “silence,” the court said, left unclear whether the government even “considered any of the evidence in the record.” The appeals court ordered the agency to revisit the adequacy of its safeguards.

All this has left Orsi frustrated. Petite and intense, she has been through these sorts of fights before. Years ago, with the eventual support of the Environmental Protection Agency, she helped push General Electric to clean up the toxic chemicals it had dumped in Pittsfield.

Now she feels powerless. “The Board of Health has a mandate to protect the citizens of Pittsfield,” she said. “But the bottom line is the FCC has made it impossible for us to do anything. If a company can come in and do something to make people sick, and the Board of Health has no authority to act, that’s ludicrous.”

Bobbie Orsi, the chair of Pittsfield’s Board of Health, combed through research studies and grilled scientists to educate herself on the risks of cellphone technology. (Patrick Dodson for ProPublica)

To see how completely the U.S. telecom industry has prevailed in the rhetorical war over cellphone safety so far, consider this example. In February 2019, near the end of a hearing largely devoted to extolling the wonders of 5G technology, Sen. Richard Blumenthal, D-Conn., asked representatives of two wireless industry trade groups what sort of research the industry was funding on the biological effects of 5G, which remains largely untested. “There are no industry-backed studies, to my knowledge, right now,” replied Brad Gillen of the CTIA (originally called the Cellular Telecommunications Industry Association). “I’m not aware of any,” replied Steve Berry of the Competitive Carriers Association.

Wireless companies maintain that cellphones and base stations operating within the FCC’s exposure limits pose no proven risk. A CTIA spokesperson wrote in a statement, “The consensus of the international scientific community is that radiofrequency energy from wireless devices and networks, including 5G, has not been shown to cause health problems.” Included in that list was the National Cancer Institute. The spokesperson also said the industry is in favor of additional science. (Verizon itself declined to comment on the record for this article.)

In a September 2021 meeting with Pittsfield’s Board of Health, for example, Verizon’s chief expert was a University of Pittsburgh theoretical physics professor named Eric Swanson. He testified that wireless radiation is far too weak to cause cancer or any of the problems the Pittsfield residents were reporting. He suggested they have psychological problems.

Fears of radio-frequency radiation, Swanson declared in the videotaped meeting, are based entirely on “fringe opinion,” backed only by cherry-picked evidence. Swanson said he’d spotted one such study on “an Alex Jones website” and voiced exasperation: “This is the kind of stuff I have to deal with.” Concerns about wireless radiation, he said, are at odds with the overwhelming scientific consensus. “All international bodies,” he said, “declare cellphones to be safe.”

The FCC has been similarly scornful. In a June 2020 Washington Post op-ed, Thomas Johnson, general counsel for the agency during the administration of President Donald Trump, wrote: “Conjectures about 5G’s effect on human health are long on panic and short on science.” Johnson has since decamped to a law firm that represents telecom companies. (Johnson declined requests for comment.)

Signs in Pittsfield denounce the Verizon cell tower. (Patrick Dodson for ProPublica)

“It’s a slog at the moment to convince people this isn’t just crazy stuff,” said Louis Slesin, an MIT-trained environmental policy Ph.D. and the editor of Microwave News, an industry newsletter that has chronicled the wireless-radiation debate for four decades. “This is part of the organized campaign to devalue the science, with the government as a co-conspirator. The other really important factor is nobody wants to hear this because everybody loves the technology. If you shut down people’s phones, the country would come to a stop.”

But a growing body of international research asserts that there is reason to worry about harms — many of them unrelated to cancer — from wireless radiation. Henry Lai, an emeritus professor of bioengineering at the University of Washington, has compiled a database of 1,123 peer-reviewed studies published since 1990 investigating biological effects from wireless-radiation exposure. Some 77% have found “significant” effects, according to Lai. By contrast, an earlier review by Lai found that 72% of industry-sponsored studies reported no biological effects.

One branch of research has studied radiation impacts on test animals, mostly rats and mice, but also guinea pigs, rabbits and cows. Another has examined epidemiological patterns, looking for health effects on human groups, such as heavy long-term cellphone users or people living near cellphone towers. Studies have found impacts on fertility, fetal development, DNA, memory function and the nervous system, as well as an association with an array of cancers. Several investigations reported a significantly increased risk of brain tumors, called gliomas, among the heaviest cellphone users. And the International Agency for Research on Cancer, an arm of the World Health Organization, in 2011 classified wireless radiation as “possibly carcinogenic to humans.”

Individual studies underline the value of simple precautions, which include using a headset or speaker and keeping the phone away from direct contact with your body. In 2009, Ashok Agarwal, director of research at the Cleveland Clinic’s American Center for Reproductive Medicine, found that exposing human semen to cellphone radiation for an hour caused a “significant decrease” in sperm motility and viability, impairing male fertility. He advises patients to avoid carrying phones in their pants pockets.

Epidemiological studies show a rise in behavioral disorders among children whose mothers were heavy cellphone users while pregnant, while lab research found hyperactivity and reduced memory in mice exposed in the womb to cellphone radiation. “The evidence is really, really strong now that there is a causal relationship between cellphone radiation exposure and behavior issues in children,” said Dr. Hugh Taylor, a professor of obstetrics and gynecology at the Yale School of Medicine and past president of the American Society for Reproductive Medicine. The period of fetal brain development is a “very vulnerable time,” he said.

The American Academy of Pediatrics has written that the FCC’s safeguards “do not account for the unique vulnerability and use patterns specific to pregnant women and children.” It urged the agency to adopt measures “protective of children,” warning that their thinner skulls leave them “disproportionately impacted” by cellphone radiation, and called for better consumer disclosure about exposure risks.

Both the FCC and Food and Drug Administration websites dismiss the existence of any special health risk to children. And the agencies don’t counsel people to limit their exposure. Instead they list safety steps, while insisting they’re really not necessary. The FCC’s “Wireless Devices and Health Concerns” page, for example, notes that “some parties” recommend safety measures, “even though no scientific evidence currently establishes a definitive link between wireless device use and cancer or other illnesses.” It then states, in bold: “The FCC does not endorse the need for these practices.” Only then does it list “some simple steps that you can take to reduce your exposure” to radio-frequency energy from cellphones.

Efforts in the U.S. to promote awareness of wireless-radiation risks have sparked fierce industry resistance. In 2014, the CDC added this modest language to its website: “Along with many organizations worldwide, we recommend caution in cellphone use.” An influential industry consultant emailed the CDC within days, as a public-records request later revealed, complaining that “changes are truly needed” in the CDC’s language. The agency quickly softened its warning, which now says: “Some organizations recommend caution in cellphone use.”

The industry’s main trade group, CTIA, has beaten back local consumer-disclosure measures. For example, in 2015, CTIA sued Berkeley, California, after its City Council passed an ordinance requiring retailers to post a safety notice warning customers that carrying a cellphone tucked in a pocket or bra might expose them to excessive radiation. (This was based on FCC guidelines, typically buried in small-print information included with new phones, that phones shouldn’t be kept in direct contact with the head or body.) A five-year legal battle, including a trip to the U.S. Supreme Court, ensued. It ended after the FCC weighed in, saying the ordinance interfered with its exclusive authority by “over-warning” consumers and frightening them “into believing that RF emissions from FCC-certified cellphones are unsafe.” With that, the judge ruled against the city.

“The industry doesn’t want you to pay any attention to that stuff because that just creates anxiety among users,” said Joel Moskowitz, director of the Center for Family and Community Health at the University of California-Berkeley, who advised the city in its fight. “They want you to think these devices are perfectly safe.”

By contrast, more than 20 foreign governments have adopted protective measures or recommended precautions. France requires new phones to be sold with headsets and written guidance on limiting radiation exposures; it also bans phones marketed to small children and ads aimed at anyone younger than 14. Greece and Switzerland routinely monitor radio-frequency radiation levels throughout the country. Britain, Canada, Finland, Germany, Italy, India and South Korea urge citizens to limit both their own exposure and cellphone use by children. The European Environment Agency does too, noting: “There is sufficient evidence of risk to advise people, especially children, not to place the handset against their heads.”

When the FCC’s rules on radio-frequency emissions from phones and transmitters were adopted 26 years ago, just 1 in 6 Americans owned cellphones, which they typically used for short periods. Today, 97% of adults own a cellphone, and they use the device for an average of five hours a day. More than half of children under 12 own a smartphone.

Then and now, the FCC’s rules targeted just one health hazard: the possibility that wireless radiation can cause immediate “thermal” damage, by overheating skin the way a microwave oven heats food. Most experts agree that risk is nonexistent under any but the most unusual circumstances.

Meanwhile, the FCC doesn’t even consider “biological” impacts: the possibility that wireless exposure, even at levels well below the FCC limits, can cause an array of human health problems, as well as harm to animals and the environment. The FCC’s approach matches the industry’s long-standing position: that wireless radiation is simply too weak to cause any nonheating damage.

Of course, the wireless industry has every incentive to take this position. Going back to the 1990s, the industry has recognized the financial peril posed by health concerns over radiation, and it has pressed the public and government to reject them altogether.

In 1994, for example, Motorola swung into action when it learned of troubling research by Lai and a University of Washington colleague, Narendra Singh, who found that two hours of exposure to modest levels of wireless radiation damaged DNA in the brains of lab rats. Such changes can lead to cancerous tumors.

Motorola’s then-PR chief described a strategy to discredit the findings in a pair of memos that were later leaked to Microwave News. Motorola’s approach would serve as a template for the industry’s response to troublesome research over the three decades that followed. The researchers’ methodology would be challenged for raising “too many uncertainties” to justify any conclusions. The scientists’ credibility would be questioned and their findings dismissed as irrelevant. Finally, friendly academics, “willing and able to reassure the public on these matters,” would be recruited to rebut the findings. (At the time, Motorola defended its conduct as the “essence of sound science and corporate responsibility” and affirmed that there was “a sound scientific basis for public confidence in the safety of cellular telephones.”)

Doubters in the government would be neutralized too. As the FCC moved toward adopting wireless-radiation limits in 1996, EPA officials, whose experts had conducted the most extensive government research on wireless-radiation risk, affirmed their concern about possible biological harm in a presentation to the FCC. They urged the FCC to follow a two-stage strategy: to meet a looming congressional deadline by first setting interim limits covering known thermal effects; then to commission a group of experts to study biological risks and develop permanent exposure guidelines.

But the FCC never pursued “Phase 2.” Instead, just months later, Congress completed a multiyear defunding of the EPA’s wireless-radiation group, sidelining the agency from researching the issue. This left most independent study of the issue to scientists in other countries. At the EPA, a lone radio-frequency radiation expert named Norbert Hankin remained, periodically rankling the wireless industry by publicly rebutting “the generalization by many that the [FCC] guidelines protect human beings from harm by any or all mechanisms.”

Going forward, the FCC, which has no in-house health or medical expertise of its own, would increasingly rely on the FDA and industry-influenced technical organizations. (The FDA itself has collaborated with the CTIA, the wireless industry trade group, to study cellphone safety. That research found “no association” between exposure to “cell phones and adverse health effects.”)

Still, there was enough concern among government scientists from multiple agencies that, in 1999, the FDA asked the NTP to “assess the risk to human health.” The NTP conducts detailed lab studies, typically on rodents, to evaluate environmental hazards. Its findings, widely regarded as the gold standard for toxicology work, routinely prompt federal public-health actions.

The FDA requested that the NTP conduct its own animal experiments, which were “crucial” to assess cancer risk because of the long delay between human exposure to a carcinogen and a tumor diagnosis. As an FDA memo put it, “There is currently insufficient scientific basis for concluding either that wireless communication technologies are safe or that they pose a risk to millions of users.”

The NTP study was the biggest the agency had ever conducted and lasted over a decade. It used an unusually large number of rats and mice — some 3,000 — and involved both setting up a lab in Chicago and designing and constructing special radiation-exposure chambers for the rodents in Switzerland. The final report was released in November 2018.

The results were dramatic. The study found “clear evidence” of rare cancerous heart tumors, called schwannomas, in male rats; “some evidence” of tumors in their brains and adrenal glands; and signs of DNA damage. The percentage that developed tumors was small, but, as the study’s authors noted earlier, “Given the extremely large number of people who use wireless communication devices, even a very small increase in the incidence of disease resulting from exposure” could have “broad implications for public health.”

The federal government’s scientists had spoken. But the parts of the government charged with following the science and protecting people responded (in the case of the FCC) by publicly ignoring the results or (in the case of the FDA) pooh-poohing them. The study changed nothing, said Dr. Jeffrey Shuren, director of the FDA’s Center for Devices and Radiological Health, and the chief official advising the FCC on wireless issues, in a statement at the time of the study’s release. Shuren disputed several key findings and asserted that the study “was not designed to test the safety of cellphone use in humans,” even though his own agency had commissioned it specifically for that reason. He added: “We believe the existing safety limits for cellphones remain acceptable for protecting the public health.” (An FDA spokesperson said Shuren declined to comment.)

The NTP findings, combined with similar results that year from the Ramazzini research institute in Italy and other studies, demanded a strong response, according to three long-time former government experts who spoke to ProPublica. “It should have been the game-changer,” added Moskowitz, the Berkeley public-health researcher.

The former government officials believe the NTP findings should have led to a detailed statistical risk assessment by federal health agencies, spelling out the possible incidence of cancer in the general population; development of stricter FCC limits to address biological risks; prominent user warnings detailing simple steps people should take to minimize their exposure; and dramatically increased research funding.

None of that happened. “Their conclusion was, ‘Oh, there was nothing going on,’” said Birnbaum, the NTP’s then-director and a toxicologist. “Many of us found that very hard to believe.”

Today Birnbaum, who retired in 2019 after 40 years with government health agencies, is tempered in her assessment of the evidence. “Do I see a smoking gun? Not per se. But do I see smoke? Absolutely. There’s enough data now to say that things can happen.” Birnbaum said the NTP results should have triggered a consumer advisory akin to “the black-box warning on a drug, to say this has been associated to possibly cause cancer.”

Even as the NTP study was happening, the FCC in 2013 had been prodded by a Government Accountability Office report to review its radio-frequency exposure limit, unchanged since 1996. “We recognize that a great deal of scientific research has been completed in recent years and new research is currently underway, warranting a comprehensive examination,” the FCC wrote, in opening its inquiry.

Over the six years that followed, 1,200 comments poured into the FCC’s docket, including scores of studies (and a briefing on the NTP findings); appeals for stronger protections signed by hundreds of international scientists; and 170 personal accounts of “electro-sensitivity” radiation sickness, similar to the complaints in Pittsfield, resulting from neighborhood cell towers. An Interior Department letter voiced concern about the impact of radiation from towers on migrating birds, noting that the FCC’s limits “continue to be based on thermal heating, a criterion now nearly 30 years out of date and inapplicable today.”

The FCC was overwhelmed by the flood of comments, according to Mantiply, the agency official most involved in radio-frequency issues during this period. “We didn’t have the resources to even read all the comments,” he told ProPublica.

Edwin Mantiply, a former FCC official, thought the agency was ignoring the issue of cellphone risk. (Greg Kahn, special to ProPublica)

Mantiply thought higher-ups were ignoring the issue. “There was really nothing being done on it,” he said. “The inquiry was just on a back burner, and the back burner was turned off.” So Mantiply, a soft-spoken physical scientist, decided to take action. In 2017, as the FCC’s review of its wireless standards entered its fourth year, he said, he and three colleagues proposed hiring an outside consulting firm to conduct an environmental assessment, a detailed formal examination, of the submissions on the radiation safety limits. But their boss, Julius Knapp, the head of the FCC’s Office of Engineering and Technology, summarily rejected the proposal, according to Mantiply. “He said, ‘No, we’re not going to do that.’ He let us know in no uncertain terms. He just rejected it in a single meeting.”

(Knapp, who is now retired, declined to comment on the record. FCC officials, through a spokesperson, declined requests to discuss the matter. Former FCC engineer Walter Johnston, one of the colleagues Mantiply identified as backing his proposal, said he didn’t remember it ever being presented as a “formal recommendation.”)

Mantiply’s proposal came at a time when the Trump White House and FCC commissioners were aggressively promoting 5G. FCC leadership was “not really thrilled with us pushing these inquiries,” Mantiply said. “They just felt like it’d get a lot of attention, that it would be in The Washington Post.”

On his final day at the FCC in August 2018, as he was retiring after 42 years in government, Mantiply raised the issue with FCC Commissioner Jessica Rosenworcel during a brief courtesy visit. “Don’t dismiss all this stuff because you’re hearing from industry, and they’re dismissing it,” Mantiply told her. “There’s uncertainty, and we don’t know what’s going on. It’s a very, very difficult problem.” Rosenworcel, he said, listened politely.

Fifteen months later, the FCC voted unanimously to shut down its review after six years. There was no need to change anything, the commissioners concluded. After examining the record, the FCC declared in a written order, it had seen no evidence that the science underlying its standards was “outdated or insufficient to protect human safety.”

The U.S. Court of Appeals in Washington, D.C., disagreed. Responding to a pair of lawsuits filed by the Environmental Health Trust and other activist groups, the court ruled in August 2021 that the FCC had failed to meet “even the low threshold of reasoned analysis” in finding that its limits “adequately protect against the harmful effects of exposure to radiofrequency radiation unrelated to cancer.” (The FCC had responded sufficiently to fears that wireless radiation causes cancer, the judges wrote.)

It was a striking rebuke, given the judiciary’s practice of offering agency decisions a high degree of deference, especially on technical matters. The court wrote that it was taking “no position in the scientific debate” on wireless radiation’s effects, but it was scornful of the FCC’s heavy reliance on three “conclusory” statements from the FDA about safety. In oral argument, one judge also challenged the FCC’s claim that an interagency working group was closely monitoring concerns about wireless exposure on the FCC’s behalf; in fact, the group hadn’t met since 2018.

The FCC’s actions, the court wrote, waved off any concern about protections for children and ignored “substantive evidence of potential environmental harms.” And the FCC had said nothing about the potential impacts of the many technological changes, including 5G, that had taken place since 1996. “Ultimately,” the court wrote, “the Commission’s order remains bereft of any explanation as to why, in light of the studies in the record, its guidelines remain adequate.”

With that, the court sent the issue back to the FCC, for either a fresh review of its 26-year-old standard or better explanations to justify it. In the 15 months since, the FCC, now led by Rosenworcel, who was elevated by President Joe Biden, has taken no formal action.

In its statement to ProPublica, the FCC said it is exploring “next steps” with its “federal partners.” However, the FDA, the FCC’s chief partner on health concerns, said in its own statement that it is not currently working with the FCC on any response to the court ruling. There’s been no visible sign of any preliminary FCC steps, according to four lawyers and representatives of the environmental groups that brought the court challenge.

In the past few years, with the appearance of more neighborhood cell towers and transmitters, pressure has begun to rise on this issue beyond environmental groups, longtime activists and officials in liberal jurisdictions. In November 2020, a bipartisan state commission in New Hampshire charged with investigating 5G issued a detailed report concluding that wireless radiation “poses a significant threat to human health and the environment.” Among its recommendations: that all new cell towers be at least 1,640 feet (500 meters) from any residence, school or business. And in April, Mark Gordon, the Republican governor of Wyoming, wrote to Rosenworcel, urging the agency to reexamine its radiation limits based on “current scientific research” to make sure “the health and safety of our citizens is prioritized.”

In Pittsfield, Orsi and her colleagues on the board have grown resigned to their inability to take action against Verizon. Reactions have varied around town. One group of affected neighbors is waging its own separate long-shot legal battle with the company. Others are coping with dark humor. Before Halloween, the local daily suggested dressing up as a cellphone tower to “strike fear in the heart of your neighbors.” Nobody in Pittsfield is holding out hope that the federal government will intervene.

“It’s very natural for the FCC to listen to the industry,” said Mantiply, the former agency staffer. “That’s their audience and who they deal with most of the time.” But, he added, “They’re answering to industry more than anything.”

Do You Work for the Federal Government? ProPublica Wants to Hear From You.

Doris Burke contributed research.

by Peter Elkind

Reforms Falter in Police Department Under Scrutiny for Killings

2 years 5 months ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Open Vallejo. Sign up for ProPublica’s Dispatches and the Vallejo Free Press to get stories like this one as soon as they are published.

For more than a decade, the families of those killed by police in Vallejo, California, have pleaded for oversight of their city’s exceptionally lethal police force.

When a series of fatal shootings attracted national attention and the scrutiny of state officials in 2020, Vallejo’s leaders pledged to implement 45 reforms recommended by a private consulting group and overseen by the California Department of Justice. But officials have blown past deadlines and failed to follow through on nearly all of the promised reforms. Reporting by Open Vallejo and ProPublica has found that the city has fully implemented just two.

“We are continuously working on new and revised policies related to the remainder” of the recommendations, a city spokesperson said last week in a joint statement with the police department. “The City and the department have steadily increased the resources devoted to the task, most recently forming a dedicated task force comprised of four full-time dedicated officers.”

Later the same week, Vallejo police Chief Shawny Williams, considered a reformer by many, announced his resignation. The newsrooms reported in July how Vallejo police consistently failed to properly investigate killings by officers.

Days after being presented with our findings for that story, the department put out a proposal to begin addressing one of the key recommendations from the state DOJ: to modify how the department investigates fatal shootings and other critical incidents.

But for all its pledges, the city has little to show — and some of the efforts are being impeded by union and city officials.

“All we want is police reform,” Melissa Nold, the local civil rights attorney for two families whose loved ones were killed by Vallejo police, said in an interview. “We thought they would do the right thing, but here we are.”

“Lack of Concrete Follow-Through”

Things looked like they might begin to change three years ago, after a group of Vallejo officers fired 55 rounds at 20-year-old musician and producer Willie McCoy, who had fallen asleep behind the wheel of his Mercedes, a gun allegedly in his lap.

Willie McCoy (Kate Copeland for ProPublica)

McCoy’s death, in February 2019, garnered national media attention and sent residents to the streets in protest. That summer, amid the public outcry, the department hired a private consulting firm called OIR Group to conduct a “constructive analysis” of its practices.

Roughly a year later the city released the results of the consultants’ work: They identified “timing concerns” — specifically long delays in investigations of police killings — as well as a “lack of concrete follow-through” on the issues identified by those reviews, and an “apparent reticence when it came to finding fault.” They strongly advised the department to revise its system for investigating fatal shootings to ensure comprehensive reviews in “time-appropriate phases.” All in all, the outside firm made 45 recommendations, which also included strengthening reviews of the use of force by officers and creating an independent police oversight body.

Weeks later, in a highly unusual move, the chief fired officer Ryan McMahon for endangering a colleague when he shot at McCoy, records released by the city show. At the time of McCoy’s death, McMahon was already under investigation for killing an African American man. McMahon was the first Vallejo officer to be fired for conduct during a fatal shooting in at least 10 years. (McMahon was not criminally charged in either shooting; he did not respond to requests for comment.)

The OIR Group’s recommendations, however, were nonbinding, and the department did not immediately release plans for implementing them.

Then, less than a month after the reforms were proposed, Vallejo police Detective Jarrett Tonn fired five rounds from a rifle at 22-year-old Sean Monterrosa from the backseat of an unmarked police truck, public records show. The young Latino man was killed by a single bullet to the back of the head. It was one week after the murder of George Floyd. Tonn, a SWAT officer who participated in three nonfatal shootings since joining the department in 2014, said he mistook a hammer, later recovered in Monterrosa’s sweatshirt pocket, for a firearm. (Tonn was not charged in any of these shootings; the criminal investigation into the Monterrosa shooting is still open.)

Sean Monterrosa (Kate Copeland for ProPublica)

Three days later, on June 5, concerned by the “number and nature” of police shootings in Vallejo, the California DOJ announced that it would conduct a three-year review of the department’s policies and practices — a relatively rare occurrence in California that can open the door to further scrutiny and potential civil or criminal sanctions.

The state DOJ embraced the 45 recommendations that the OIR Group had put forth and set out to evaluate Vallejo’s progress in implementing them. To do that, the DOJ hired Jensen Hughes, a global risk management firm, and defined steps for each reform that Vallejo police had to fulfill before they would deem the department compliant. Williams called the process a “massive review” and agreed to collaborate.

In less than two weeks, the Vallejo Police Department produced a draft implementation plan estimating that the steps for most reforms, including changes to the post-shooting review process, would be completed around February of 2021. But the plan itself noted that the target timelines it was setting did not take into account review by stakeholders like the union. In the end, the department missed more than a dozen deadlines, subsequent reports show.

In March 2021 the department set new goals to complete most recommendations within one year. By May of this year, however, it released a progress report revealing that the police department had achieved DOJ compliance with only one reform: a stricter requirement that officers activate their body cameras and mandated audits of some of the footage. The policy change, instituted by Williams, had been entrenched before the state DOJ’s review even began. (Despite the new policy, none of the officers present during the Monterrosa killing — which took place after this requirement was added — activated their body cameras prior to the shooting; three of the officers involved incorrectly claimed they were not required to turn them on because they were detectives rather than patrol officers.)

Since then, Vallejo has “completed and implemented” just one additional reform: an accountability program to ensure that the body camera policy would be enforced, according to the city’s statement to the news organizations.

“Implementation of new policies is a multi-step process,” the city wrote. The statement also said officials were “optimistic” that with the new task force dedicated to the reforms, moving “to full completion status will occur more rapidly.”

The California DOJ declined to answer specific questions about Vallejo’s compliance with the reform standards. “No public updates to share on our end at this point in time,” the DOJ press office wrote in response to requests for comment. “Our office remains committed to executing the terms of the agreement.”

The Vallejo Police Department also claimed in the May progress report that it had reached the implementation phase for 11 other recommendations. The report underscored changes to the hiring process to prioritize diversity and an increase in civilian staffing to support police services (for example, dispatchers or workers in the department lobby). In his statement to the news organizations the same month, Williams also noted several reform “highlights,” including changes to the department’s de-escalation policy, but did not talk specifically about compliance with the state DOJ’s measures.

As of May, the remaining 32 reforms remained untouched or in draft form, including key changes to how the department reviews fatal incidents and the implementation of an independent police oversight agency. The city did not provide updated information about its progress on the uncompleted recommendations.

“Resounding” Resistance

The issue of independent oversight, which was recommended by the OIR Group and endorsed by the California DOJ, has become a key point of contention among officials.

City officials, and in one case the police union, have resisted establishing an independent agency with the power to hold the department accountable, sources with knowledge of the matter told the news organizations. They spoke on condition of anonymity because they were not authorized to discuss processes relating to the California DOJ’s intervention in Vallejo.

In the fall of 2020, after the McCoy and Monterossa killings, the city asked a coalition of local nonprofits called Common Ground to help research permanent oversight models for Vallejo, an effort soon joined by Mike Nisperos, a retired attorney who is a member of the Vallejo Chief’s Community Advisory Board and a founding member of Oakland’s Police Commission. The city estimated that finding a model would take about six months and planned for a temporary solution in the meantime.

“Independent oversight cannot wait,” Vallejo’s then-city manager wrote in a City Council report advocating for an “interim auditor” to oversee the department. On Feb. 23, 2021, the city unanimously voted to hire OIR Group to review citizen complaints, conduct independent investigations and produce public reports while Common Ground and Nisperos researched a permanent model.

“We can’t have police police themselves,” Ashley Monterrosa, the sister of Sean Monterrosa, said at a City Council meeting where she, her sister Michelle Monterrosa and others advocated for strong police oversight.

But even the temporary oversight was never put in place. In July 2021, the Vallejo Police Officers’ Association sent Williams a cease-and-desist letter, obtained by the news organizations, demanding that the city refrain from hiring the independent auditor. The union alleged that the city violated California law by failing to consult with union officials, and it threatened to file a complaint with the state. Nisperos said he believed the pressure by the union may have caused the interim oversight proposal to falter.

The union, Williams, the city and city attorney, and the OIR Group did not comment on what happened with the interim proposal.

As the interim solution stalled, Nisperos and Common Ground continued to advocate for permanent oversight and produced a 40-page draft ordinance that would have created three branches of oversight, including a community review agency with the power to investigate fatal shootings and other incidents. Nisperos and Common Ground gathered feedback on the draft from all seven members of the Vallejo City Council, Williams, police oversight experts, residents impacted by police violence and the state DOJ.

Despite repeated requests, however, Vallejo City Attorney Veronica Nebb did not provide feedback on the draft for more than a year, Nisperos said, adding that he considers Nebb a “deliberate impediment” to reform.

The city disputed this assessment. “The City Attorney, in conjunction with the City Manager, have worked to build consensus with the community through numerous community meetings as well as meetings with Police Department leadership, the unions, and sworn and civilian staff,” the city wrote in a statement to Open Vallejo and ProPublica. The statement also said that between them, the city attorney and city manager had met with Common Ground three times since 2020, that they had reviewed the draft and that they would meet with the group again once the new ordinance was produced, this or next month. “Consensus-building efforts have always been in place and will continue.”

In August, Nebb — who plays a major role in handling the oversight reform — announced during a council meeting that the city could soon “begin to look at drafting” oversight legislation. Her 55-minute presentation did not address the draft ordinance that had been circulating among city officials for nearly 18 months.

“You have people who dedicated two years to put in research, to putting a model together for you,” Michelle Monterrosa said about the Common Ground ordinance at the meeting. “Let’s stop wasting time.”

Several elected officials at the meeting agreed. “I’m just ready to go on this, I’m ready to have something put in place,” Councilmember Mina Loera-Diaz said.

“The resistance from the city attorney’s office was resounding,” Councilmember Tina Arriola said in a September interview. “There’s just no budging.”

In presenting the city’s plan to draft its own ordinance, Nebb had raised concerns that an oversight body with the power to implement discipline or overrule the chief’s decisions could scare off potential police recruits. Advocates are concerned that she will water down the powers of the oversight agency. Nebb did not respond to specific questions about these efforts.

But barriers did not only originate from the union or city attorney’s office.

The union itself suggested in a May statement to Open Vallejo and ProPublica that the now-former police chief too has been an obstacle to change, and it claimed it had tried to set up meetings to discuss a handful of reforms but had gotten close to “zero response from the city.”

Williams, who has repeatedly expressed support for the reforms, did not respond to questions about the union’s claim.

In September, a representative for Jensen Hughes, the firm hired by the state DOJ, told Williams that it had developed “defined concerns” that a lack of involvement of top leadership was affecting the reform efforts, according to an email disclosed in response to a public records request. The email outlined several matters requiring “leadership” that instead were being left to lieutenants. A spokesperson for Jensen Hughes declined to comment for this story, and Williams did not comment on the firm’s findings.

A few weeks later, Williams unexpectedly took three weeks off and subsequently announced his resignation.

With a council election this week and less than eight months left until the end of its three-year agreement with the California DOJ, Vallejo could exit state supervision with no independent oversight, unless the state decides to extend — or escalate — its intervention in Vallejo.

“They want to continue doing what they’ve been doing for 20 years,” said Willie McCoy’s brother, Kori McCoy, about Vallejo’s handling of the reforms. McCoy’s family, who supports the Common Ground proposal, is demanding that the city implement the oversight ordinance as part of their civil rights lawsuit against the city; their attorney, Melissa Nold, said they will not accept any settlement money unless officials agree to impose outside oversight on the police.

“I don’t see how you’re going to fix the problems with the same people,” McCoy said. “​​​​Police run that city, and people are afraid.”

Help Us Investigate the Vallejo Police Department

Reporting for this project was supported by a grant from the Fund for Investigative Journalism.

by Laurence Du Sault, Open Vallejo

How Tennessee Disenfranchised 21% of Its Black Citizens

2 years 5 months ago

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Leola Scott recently decided to become a more active citizen. The 55-year-old resident of Dyersburg, Tennessee, was driven to action after her son was stabbed to death and nobody was charged.

In August, Scott tried to register to vote. That’s when she learned she’s not allowed to cast a ballot because she was convicted of nonviolent felonies nearly 20 years ago.

One in five Black Tennesseans are like Scott: barred from voting because of a prior felony conviction. Indeed, Tennessee appears to disenfranchise a far higher proportion of its Black residents — 21% — than any other state.

The figure comes from a new analysis by the nonprofit advocacy group The Sentencing Project, which found that Mississippi ranks a distant second, just under 16% of its Black voting-eligible population. Tennessee also has the highest rate of disenfranchisement among its Latino community — just over 8%.

While states around the country have moved toward giving people convicted of felonies a chance to vote again, Tennessee has gone in the other direction. Over the past two decades, the state has made it more difficult for residents to get their right to vote back. In particular, lawmakers have added requirements that residents first pay any court costs and restitution and that they be current on child support.

Tennessee is now the only state in the country that requires those convicted of felonies be up to date on child support payments before they can vote again.

The state makes little data available about who has lost the right to vote and why. Residents who may qualify to vote again first have to navigate a confusing, opaque bureaucracy.

Scott says she paid off her court costs years ago. But when she brought a voting rights restoration form to the county clerk to affirm that she had paid, the clerk told her she still had an outstanding balance of $2,390.

“It was like the air was knocked out of me,” she said. “I did everything that I was supposed to do. When I got in trouble, I owned it. I paid my debt to society. I took pride in paying off all that.”

Scott does not have receipts to verify her payments because she made them so long ago, she said. And there is no pathway for her to fight what she believes is a clerical error.

She is now a plaintiff in a lawsuit filed by the Tennessee NAACP challenging the state’s voting rights restoration process. In court documents, the state denied allegations that the restoration process is inaccessible.

Overall, according to The Sentencing Project, about 470,000 residents of Tennessee are barred from voting. Roughly 80% have already completed their sentence but are disenfranchised because they have a permanently disqualifying conviction — such as murder or rape — or because they owe court costs or child support or have gotten lost in the system trying to get their vote back.

Over the past two years, about 2,000 Tennesseans have successfully appealed to have their voting rights restored.

Those convicted after 1981 must get a Certification of Restoration of Voting Rights form signed by a probation or parole officer or another incarcerating authority for each conviction. The form then goes to a court clerk, who certifies that the person owes no court costs. Then it is returned to the local election commission, which then sends it to the State Election Commission for final approval. (Rules on voting restoration were revised multiple times, so older convictions are subject to different rules.)

Republican Cameron Sexton, speaker of the Tennessee House of Representatives, said people convicted of felonies should have to pay court costs and child support before voting.

“If someone’s not paying or behind on their child support payment, that’s an issue,” he told ProPublica. “That’s an issue for that child, that’s an issue for that family, not having the things that they agreed to in court to help them for that child.”

When asked about Tennessee being the only state to require that child support payments be up to date before voting rights can be restored, Sexton said, “Maybe Tennessee is doing it correctly and the others are not.”

A 2019 report from the Tennessee Advisory Committee to the U.S. Commission on Civil Rights found that the requirements for repayment have been especially burdensome to women, the poor and communities of color. The report also noted that Tennessee has increasingly levied court charges “as a means for funding the State’s courts and criminal justice system.”

Georgia previously required payment of restitution and fines in order to restore voting rights. But in 2020, the office of Georgia’s secretary of state clarified that anyone who has completed their sentence may vote, even if they owe court costs or other debts that were not incurred as part of their sentence.

Disenfranchisement does not solely impact the lives of individual voters — it can have consequences for elections, too. This is particularly true for multiracial communities in Tennessee, according to Sekou Franklin, a political science professor at Middle Tennessee State University. He pointed to county-level races that have been decided by a few dozen votes.

“There are real votes that are lost that can shape elections,” Franklin said.

Black Tennesseans, even those who were not enslaved, have been disenfranchised for centuries. In 1835, the new state constitution took away the right to vote from free Black men, who had been able to vote under the previous constitution. It also stipulated that anyone convicted of an “infamous” crime — a list that included robbery, bigamy and horse stealing — would lose their voting rights, often permanently.

The civil rights laws of the 1960s opened up voting again for Tennesseans. But soon lawmakers began adding back in provisions that disenfranchised people convicted of felonies. Legislators updated the statute every few years, adding to the list of crimes that permanently disqualify someone from voting. The result is a convoluted list of eligibility criteria for voting rights restoration that depend on what a person was convicted of and when the conviction took place.

The reality of disenfranchisement in Tennessee received some national attention recently around the case of a Memphis woman, Pamela Moses. Three years ago, she got her probation officer’s signoff to vote again. The next day, the Tennessee Department of Correction asserted the officer had made an error. Prosecutors then charged Moses with lying on an election document. She was convicted and sentenced to six years in prison, but a judge later threw out the conviction.

Tennessee lawmakers from both parties have tried, unsuccessfully, to make it easier for residents to get their vote back.

In 2019, two Republican lawmakers sponsored a bill that would have automatically restored voting rights to people upon completion of their sentence. It was supported by a bipartisan coalition of civil rights advocates, including the libertarian group Americans for Prosperity and the Tennessee American Civil Liberties Union. But it never gained traction among legislators.

In 2021, two Democrats sponsored another bill that would have granted automatic vote restoration, but that bill also died. The sponsors said that the Republican supermajority in Tennessee’s legislature simply doesn’t have an appetite to take it on.

“We said we wanted to do criminal justice reform, but all we’ve done is really nibbled around the edges,” state Sen. Brenda Gilmore told ProPublica, referring to a bill she co-sponsored with a fellow Democrat.

Dawn Harrington, the founder of Free Hearts, an organization that supports formerly incarcerated women, also advocated for the 2021 bill.

On a trip to New York City in 2008, Harrington carried a gun that was licensed in Tennessee. Because New York does not recognize permits from other states, she was convicted of a gun possession charge.

After serving a yearlong sentence on Rikers Island, she returned to Tennessee and set out to have her rights restored. Tennessee requires the incarcerating agency to sign the rights restoration form, but Harrington struggled to find someone in New York willing to sign it. After nine years, her rights were finally restored in 2020.

“I don’t know if you know the show ‘The Wiz,’ but I literally eased on down the road,” Harrington said about having her voting rights restored. “I danced. I was so happy I cried. I was feeling all the emotions. You never know how much something means to you until it’s taken away.”

Do you have information about people with felony convictions who are not allowed to vote? Contact Bianca Fortis at bianca.fortis@propublica.org.

by Bianca Fortis