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How Misinformation About COVID Vaccines and Pregnancy Took Root Early On and Why It Won’t Go Away

2 years 8 months ago

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Even before the COVID-19 vaccine was authorized, there was a plan to discredit it.

Leaders in the anti-vaccination movement attended an online conference in October 2020 — two months before the first shot was administered — where one speaker presented on “The 5 Reasons You Might Want to Avoid a COVID-19 Vaccine” and another referred to the “untested, unproven, very toxic vaccines.”

But that was only the beginning. Misinformation seeped into every corner of social media, onto Facebook feeds and into Instagram images, pregnancy apps and Twitter posts. Pregnant people emerged as a target. A disinformation campaign preyed on their vulnerability, exploiting a deep psychological need to protect their unborn children at a moment when so much of the country was already gripped by fear.

“It’s just so powerful,” said Imran Ahmed, the founder and chief executive officer of the U.S. nonprofit Center for Countering Digital Hate, which tracks online disinformation.

A majority of the disinformation came from a group of highly organized, economically motivated actors, many of them selling supplements, books or even miracle cures, he said. They told people the vaccine may harm their unborn child or deprive them of the opportunity to become parents. Some even infiltrated online pregnancy groups and asked seemingly harmless questions, such as whether people had heard the vaccine could potentially lead to infertility.

The Center for Countering Digital Hate found that nearly 70% of anti-vaccination content could be traced to 12 people, whom they dubbed The Disinformation Dozen. They reached millions of people and tested their messaging online, Ahmed said, to see what was most effective — what was most frequently shared or liked — in real time.

“The unregulated and unmoderated effects of social media where people are allowed to spread disinformation at scale without consequences meant that this took hold very fast,” Ahmed said. “That’s had a huge effect on women deciding not to take the vaccine.”

Some people, such as Robert F. Kennedy Jr., seized on the initial dearth of research into vaccines in pregnant people. “With no data showing COVID vaccines are safe for pregnant women, and despite reports of miscarriages among women who have received the experimental Pfizer and Moderna vaccines, Fauci and other health officials advise pregnant women to get the vaccine,” Kennedy posted in February 2021 on Facebook. Kennedy did not respond to requests for comment.

Disinformation flourished, in part, because pregnant people were not included in the vaccine’s initial clinical trials. Excluding pregnant people also omitted them from the data on the vaccine’s safety, which created a vacuum where disinformation spread. Unsure about how getting the shots might affect their pregnancy — and without clear guidance at the time from the Centers for Disease Control and Prevention — pregnant people last year had some of the lowest vaccination rates among adults.

The decision to delay or avoid vaccination, often made out of an abundance of caution and love for the baby growing inside of them, had dire consequences: Unvaccinated women who contracted COVID-19 while pregnant were at a higher risk of stillbirths — the death of a fetus at 20 weeks or more of pregnancy — and several other complications, including maternal death.

Although initial clinical trials did not include pregnant people, the Food and Drug Administration ensured that vaccines met a host of regulatory safety standards before authorizing them. Citing numerous studies that have since come out showing the vaccine is safe, the CDC now strongly recommends that people who are pregnant, breastfeeding or planning to become pregnant get vaccinated. The major obstetric organizations, including The American College of Obstetricians and Gynecologists and the Society for Maternal-Fetal Medicine, also urge pregnant people to get vaccinated.

But two and a half years into the pandemic, misinformation is proving resilient.

A May 2022 Kaiser Family Foundation poll found more than 70% of pregnant people or those planning to become pregnant believed or were unsure whether to believe at least one of the following popular examples of misinformation about the COVID-19 vaccine: that pregnant people should not get vaccinated; that it’s unsafe to get vaccinated while breastfeeding; or that the vaccine has been shown to cause infertility. None of which are true.

Dr. Laura Morris, a University of Missouri, Columbia family physician who delivers babies, has heard all those falsehoods and more from her patients. She has long relied on science to help encourage them to make well-informed decisions.

But when officials rolled out the vaccine, she found herself without her most powerful tool, data. The disinformation didn’t have to completely convince people that the vaccine was dangerous; creating doubt often was sufficient.

“That level of uncertainty is enough to knock them off the path to accepting vaccination,” Morris said. “Instead of seeing vaccines as something that will make them healthier and improve their pregnancy outcomes, they haven’t received the right information to make them feel confident that this is actually healthy.”

Before COVID-19, Morris typically saw one stillbirth every couple of years. Since the pandemic started, she said she has been seeing them more often. All followed a COVID-19 diagnosis in an unvaccinated patient just weeks before they were due. Not only did Morris have to deliver the painful news that their baby had died, she also told them that the outcome might have been different had they been vaccinated. Some, she said, felt betrayed at having believed the lies surrounding the vaccine.

“You have to have that conversation very carefully,” Morris said, “because this is a time where the people are feeling awful and grieving and there’s a lot of guilt associated with these situations that’s not deserved.”

In December 2021, the Federation of State Medical Boards found a proliferation of misinformation about COVID-19 among health care workers. Two-thirds of state medical boards reported an increase in complaints about misinformation, but fewer than 1 in 4 of them reported disciplining the doctors or other health care workers.

Dr. Sherri Tenpenny, an osteopath, was the speaker at the October 2020 conference who called the COVID-19 vaccine “toxic.” She later testified at an Ohio state House Health Committee hearing on the Enact Vaccine Choice and Anti-Discrimination Act. She falsely claimed that the vaccine could magnetize people. “They can put a key on their forehead, it sticks,” she said. “They can put spoons and forks all over them, and they could stick.” She also questioned the connection between the vaccine and 5G towers.

Despite her statements, the State Medical Board of Ohio has not taken any disciplinary action against her. Her medical license remains active. Tenpenny did not respond to requests for comment.

It’s difficult to know exactly how many doctors were disciplined, a term that can mean anything from sending them letters of guidance to revoking their license. State medical boards in some cases refused to disclose even the number of complaints received.

Some records were made public if formal disciplinary action was taken, as in the case of Dr. Mark Brody. The Rhode Island physician sent a letter to his patients that the state medical board determined contained several falsehoods, including claims that “there exists the possibility of sterilizing all females in the population who receive the vaccination.” The Rhode Island Board of Medical Licensure and Discipline reprimanded him for the letter, then suspended his medical license after other professional conduct issues were uncovered. He surrendered his license in December.

Brody said in an interview that he stands by the letter. He said the word “misinformation” has been politicized and used to discredit statements with which people disagree.

“This term doesn’t really apply to science,” he said, “because science is an ever-evolving field where today’s misinformation is tomorrow’s information.”

The Washington Medical Commission has received more than 50 complaints about COVID-19 misinformation since the start of the pandemic, a spokesperson there said. California does not track misinformation complaints specifically, but a Medical Board of California spokesperson said that, in that same time period, the group received more than 1,300 COVID-19-related complaints. They included everything from fraudulent promotion of unproven medications to the spreading of misinformation.

“We were certainly surprised that more than half of boards said they had seen an increase in complaints about false or misleading information,” said Joe Knickrehm, vice president of communications for the Federation of State Medical Boards, which in April adopted a policy stating that “false information is harmful and dangerous to patients, and to the public trust in the medical profession.”

Other groups, including The American College of Obstetricians and Gynecologists, warned doctors about spreading misinformation. In October, the organization asked its members to sign a letter endorsing the COVID-19 vaccine, writing that “the spread of misinformation and mistrust in doctors and science is contributing to staggeringly low vaccination rates among pregnant people.” But the letter was never published. “We didn’t achieve the numbers we had hoped,” a spokesperson for the organization said, “and did not want to release it if it was not going to be compelling to patients.”

The fact that some medical professionals have been spreading disinformation or failing to engage with their patients about the vaccine is profoundly disappointing, said Dr. Rachel Villanueva, a clinical assistant professor of obstetrics and gynecology at New York University’s Grossman School of Medicine and president of the National Medical Association, which represents Black doctors.

Research has shown that hearing directly from a health care provider can increase the likelihood that patients get vaccinated. And doctors, Villanueva said, have a responsibility to tell their patients the benefits of getting vaccinated and the risks of choosing not to. She has explained to her patients that although the vaccine development program was named Operation Warp Speed, for example, manufacturers followed proper safety protocols.

“Before COVID, there already existed a baseline distrust of the health care system, especially for women of color, feeling marginalized and feeling dismissed in the health care system,” she said. “I think that just compounded the already lack of confidence that existed in the system.”

Help Us Continue Our Reporting

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by Duaa Eldeib

What Private Equity Firms Are and How They Operate

2 years 8 months ago

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Private equity is seemingly inescapable. From housing to hospitals and fisheries to fast food, equity investors have acquired a host of businesses in recent decades. Private equity firms control more than $6 trillion in assets in the U.S. But what makes them different from any other type of investor putting their money into a business?

Private equity investors — typified by firms like Bain Capital, Apollo Global Management, TPG, KKR and Blackstone — are different from venture capitalists, who provide a cash infusion to small startups and hope they blossom into the next Facebook. Nor are they stock traders making split-second decisions to buy or sell shares in public companies. Rather, private equity funds aim to take control of a business for a relatively short time, restructure it and resell the company at a profit.

But as ProPublica and many others have shown, the ways in which private equity goes about this restructuring can raise a number of concerns, over such things as layoffs and furloughs for employees and degraded services for customers. Critics also worry that private equity firms weigh down acquired companies with substantial debt from the money borrowed to finance the purchase.

What Is Private Equity?

Private equity funds are pooled investments that are generally not open to small investors. Private equity firms invest the money they collect on behalf of the fund’s investors, usually by taking controlling stakes in companies. The private equity firm then works with company executives to make the businesses — called portfolio companies — more valuable so they can sell them later at a profit.

This is different from, say, an individual investor buying a share of Amazon stock for $135. Purchasing that share gives you an infinitesimal stake in the company and entitles you to any dividend the company may pay out, but your ownership stake isn’t large enough to affect the company’s decision-making and operations. Private equity funds, by contrast, are not publicly traded securities, and the amount they invest usually involves trying to take a controlling stake in companies.

Private equity funds are generally backed by investments from large institutional investors: pension funds, sovereign wealth funds, endowments and very wealthy individuals. Private equity firms manage these funds, using both investors’ contributions and borrowed money.

Like any business, private equity firms want to make money, generating returns for their investors. Fund managers typically spend time conducting extensive research on both companies and industries — called due diligence — before making an investment. They consider multiple factors when deciding to invest. Among them are whether a company operates in an industry that’s difficult for other competitors to enter, generates consistent profits (or can become profitable), provides a reliable cash flow so it can pay off debt, has a strong position or brand within its market, has an effective management team, isn’t likely to face disruptive change through technologies or regulation and may be underperforming relative to other companies in its industry.

As of September 2020, about one-third of North American private equity firms’ $6.5 trillion in assets were so-called “dry powder”: cash or highly liquid securities that could be quickly invested at the right opportunity. The growth of private equity and other forms of private investment has, experts say, resulted in fewer companies going public and many more staying private for longer.

What Do Private Equity Firms Do?

Once private equity firms acquire a company, they encourage executives to make the company operate more efficiently before selling — or “exiting” — several years later, either through a sale to another investor or through an initial public offering.

“The number one factor private equity firms focus on now is the ability to grow the revenue of the company,” Steven Kaplan, a professor of entrepreneurship and finance at the University of Chicago Booth School of Business, said in an email. Other considerations, Kaplan said, include reducing costs, refinancing existing debt and multiple arbitrage — the latter a term describing how private equity funds try to acquire firms trading below their intrinsic value.

Critics of private equity, notably U.S. Sen. Elizabeth Warren, a Massachusetts Democrat, argue that private equity firms’ focus on turning a quick profit destroys long-term value and harms workers. But not everyone agrees. In some cases, particularly with distressed companies that can’t pay their debts, private equity firms are often willing to lend money to businesses when traditional lenders such as banks won’t. Defenders of private equity also note that their need for returns serves retirees — public pensions are responsible for about a third of investment into private equity funds. The median North American pension fund invests about 6% of its assets into private equity funds.

“To make money, you have to sell the company to someone,” Kaplan said. “If you have destroyed long-term value, you are going to have a hard time exiting. The critics essentially assume that buyers are stupid on a grand scale. That’s not a plausible assumption.”

In response to the criticism, some private equity firms have begun offering equity to workers of the companies they acquire under the belief that if the company does well, everyone — and not just management and the fund managers — should share in a company’s success.

“The problem is not private equity in general,” said Eileen Appelbaum, a critic of private equity and co-director of the Center for Economic Policy and Research, a progressive think tank. “The problem is private equity leveraged buyouts.”

Large private equity firms, she said, don’t ultimately create wealth, but tend to extract it from companies through the use of leverage and other means. When selling companies, private equity firms frequently sell them to other private equity firms, often without full transparency. “They maintain a myth of doing really well,” she said.

By contrast, smaller private equity firms that acquire a handful of smaller companies tend to do better at adding value because they tend to buy businesses that are more likely to need improvements. The acquiring firms can’t as easily use the same kinds of financial engineering, she said.

What Returns Do Private Equity Firms Generate?

Even though private equity firms generally invest little of their own money into acquisitions, they typically receive both a small percentage of a company’s total assets (usually 2%) as a management fee and a 20% cut of resulting profit from a sale of the company, all of which the U.S. government taxes at a significant discount to the firm under a tax advantage called “carried interest.” Under this compensation scheme — called “two-and-twenty” — the private equity firm makes some money regardless of whether its portfolio companies are profitable.

Both Republicans and Democrats have called for the “carried interest” loophole to be closed. A bill backed by U.S. Sens. Joe Manchin and Chuck Schumer had aimed to partially close the loophole by only allowing firms to take advantage of carried interest once they’ve owned a company for five years — two years longer than current law. However, after opposition from Sen. Kyrsten Sinema — a critical vote for the legislation — this component of the bill was removed. Private equity firms argue that allowing fund managers to take pay as carried interest occurs only when the fund (and thus the companies) are profitable.

Private equity firms also market their funds as high-yield vehicles for institutional and wealthy investors, claiming the potential for returns higher than public stock indices like the S&P 500 and the Russell 2000 index of small-cap stocks. Additionally, private equity funds have a reputation for being less volatile than individual stocks, which can spike or crater based on something as minor as a tweet. The comparison isn’t perfectly fair, however: Investors in private equity funds must lock their money into a fund for many years and don’t start receiving distributions until later in the cycle, whereas retail investors with an S&P 500 mutual fund can buy and sell much more easily.

There are certainly private equity success stories in which distressed businesses are turned around and then eventually sold at a profit. But private equity has a reputation for aggressive cost management and saddling companies with heavy debt loads, which can result in neglect of vital but non-revenue-generating aspects of an investment and overconsolidation — acquiring multiple similar businesses, which reduces competition and can have far-reaching impacts on costs and labor.

How Do Private Equity Firms Use Debt?

The current version of private equity was born out of the leveraged buyout boom of the 1980s, in which cutthroat investors borrowed heavily to purchase companies and squeeze as much money as possible out of their purchases, usually by liquidating assets and looting pension funds.

The percentages of deals that have been financed with borrowed money have declined markedly over time. In the 1980s, according to Kaplan, deals were frequently consummated at 90% debt-to-enterprise value ratios, meaning nearly all of the money used for the acquisition was borrowed. If a company cost $100 million to acquire, the private equity fund would borrow $90 million and use $10 million of its own investors’ money — equity — to finance the purchase. In the 1990s, the typical ratio declined to closer to 70%. Nowadays, typical leverage ratios are in the 50% to 60% range.

Buying a company using debt is called a leveraged buyout. It’s similar to taking out a loan to buy a house and then renting it out to a tenant, with the cash flow from rent meant to pay down the landlord’s mortgage.

Why does private equity use so much debt? Generally, it amplifies a private equity fund’s expected returns on its investments, in part because the federal government allows interest payments on debt to be tax-deductible. Because it enhances returns, it also enhances the firm’s expected profit. The trade-off is that heavy leverage increases the risk that the firm will be unable to make its debt payments.

One of the more criticized aspects of leveraged buyouts is that the debt used to finance the acquisition doesn’t belong to the equity firm or fund. Rather, it belongs to the newly acquired company — and it can become an anchor that drags that business down.

The collapse of Toys R Us is a good example. Private equity giants including Bain Capital and KKR joined together in 2005 to purchase the flagging kids’ retail giant for $7.5 billion, even as the retail toy industry was contracting amid increased competition from Amazon and other online sellers. Though the once-popular chain’s revenues did not sink notably in the years that followed, the billions in debt related to the purchase continued to grow relative to the company’s revenue as its owners reinvested excess cash into the business to make it competitive with online retailers. Eventually, debt holders lost patience and decided that they could get more of their money back if Toys R Us closed up entirely than if it continued operations.

In 2020, ProPublica spotlighted a hospital chain run by a private equity firm that had repeatedly tried and failed to unload its health care business on new buyers. Employees at hospitals under this umbrella told us they were sometimes unable to purchase basic supplies like sponges and IV fluids, elevators broke down regularly, and ambulance drivers’ fuel cards were rejected at the pump. Yet the equity firm had already managed to squeeze out $400 million in dividends and fees for itself and investors.

By the time a potential buyer was found for that hospital chain in early 2021, its equity owners had saddled it with $1.3 billion in debt, while the firm and investors were set to walk away debt-free and having reaped a total of $645 million.

How Has Private Equity Expanded Into Health Care?

Between 2009 and 2016, the number of private equity deals involving health care businesses tripled, according to a PWC report. These investments weren’t just in hospital groups, but also in staffing companies, particularly for specialties like emergency room physicians and anesthesiologists.

TeamHealth is a major medical staffing company and the country’s top employer of emergency room doctors. It’s also owned by private equity giant Blackstone and has been the subject of multiple ProPublica investigations.

In 2019, ProPublica joined with MLK50 to report on numerous low-income patients at Memphis hospitals who had been sued by a TeamHealth subsidiary over unexpected medical debt from ER visits. Such large-scale lawsuits had not been normal practice before Blackstone acquired TeamHealth in 2017. TeamHealth at first defended the lawsuits, arguing that it only went after patients who had not attempted to pay. But after the news organizations asked more questions about the lawsuits, TeamHealth announced it would no longer pursue them.

A subsequent review of tax returns, lawsuit depositions and court documents exposed how TeamHealth, after the Blackstone acquisition, had been marking up patients’ bills to maximize its profit. Tax records for two of the company’s Texas affiliates showed that they inflated their bills by nearly eight times the actual cost of the services provided. While much of that markup was billed but never collected, all of the additional profit from the amount eventually paid went not to the doctors but to TeamHealth. The firm said in a statement that it was fighting for doctors against underpaying insurance companies: “We work hard to negotiate with insurance companies on behalf of patients even as they unilaterally cancel contracts and attempt to drive physician compensation downward.”

“These companies put a white coat on and cloak themselves in the goodwill we rightly have toward medical professionals, but in practice, they behave like almost any other private equity-backed firm: Their desire is to make profit,” said Zack Cooper, a Yale professor of health policy and economics, about this practice.

In April 2020, we reported on TeamHealth cutting back on ER doctors’ hours at a time when some hospitals were being overwhelmed with COVID-19 patients. Staffers employed by other equity-owned firms also told us their hours were being reduced or asked to take voluntary furloughs. At the time, the firms said these changes were needed to make up for the revenue shortfalls as a result of non-COVID patients canceling elective procedures and avoiding the ER. The firms also noted that they had not cut hourly rates.

How Has Private Equity Entered the Housing Market?

As the U.S. crawled out from the Great Recession, private equity firms took advantage of very low interest rates and the appetite of investors looking for seemingly stable places to stash their cash to venture into new fields like residential real estate. Amid a nationwide affordable housing crisis, private equity has quickly become a dominant player in the apartment rental business.

Some have likened the private equity cycle of acquire, restructure, resell, repeat to the practice known as house flipping, in which a buyer purchases a home, makes improvements, then quickly sells it at a profit. But as ProPublica reporting has demonstrated, the way private equity firms restructure the homes they purchase differs significantly from the changes a house flipper would make.

A house flipper’s target buyer is someone looking to purchase a home, and so the upgrades the investor makes are intended to make the property more appealing to the people who will be living in it: Getting rid of popcorn ceilings and plywood paneling, replacing the kitchen appliances, slapping on new coats of paint and improving the curb appeal. Conversely, equity firms are eventually hoping to sell their housing assets to property management firms or other investors. These buyers are much less interested in whether the flooring is real wood or laminate, so long as the units are filled and tenants are paying their bills.

And that’s what ProPublica heard when speaking to tenants at apartment buildings purchased in recent years by private equity investors. Renters at one San Francisco apartment building told us that after their management company was purchased by a large private equity fund in 2017, rents soared, trash collected in the hallways and on the rooftop deck, and the building’s dedicated security guard was forced to cover a second property as well, resulting in nonresidents entering the apartment complex without permission. One tenant described having to heat her bathwater on the stove because she couldn’t get anything but cold water from the tap.

Private equity is now the dominant form of financial backing among the 35 largest owners of multifamily buildings, our analysis of National Multifamily Housing Council data showed. In 2011, about a third of the apartment units held by the top owners were backed by private equity. A decade later, half of them were.

What Role Is Private Equity Playing in the Fishing Industry?

One way private equity firms try to generate greater returns is to acquire similar assets and operate them under the same umbrella, allowing firms to take advantage of economies of scale by sharing costs. That often means putting a greater burden on workers, whether it’s nurses having to make due with fewer vital supplies, apartment employees having to work at multiple buildings or fishing vessels seeing their earnings chiseled away by equity owners who have shifted the costs of doing business onto individual operators.

“Tell me how I can catch 50,000 pounds of fish yet I don’t know what my kids are going to have for dinner,” asked fisherman Jerry Leeman in a recent ProPublica-New Bedford Light investigation into how private equity has taken over the New Bedford, Massachusetts, fishing industry.

While Leeman and his crew are not struggling to catch fish, their deal with equity-owned Blue Harvest leaves them responsible for much of their working expenses. They’re charged for fuel, gear, leasing of fishing rights and maintenance on company-owned vessels. While some of the fish they catch typically sell for $2.28 per pound at auction, Leeman has netted only about 14 cents per pound. Each of his crew members earns about half that amount.

Their situation is a result of a race in recent years by investors to snatch up as much of the regional fishing industry as possible.

Backed by $600 million in funding from a private equity firm, which proclaimed an initial goal of “dominance” over the scallop industry, Blue Harvest has been acquiring vessels, fishing permits and processing facilities up and down the East Coast since 2015. It subsequently expanded into tuna, swordfish and groundfish — Leeman’s specialty.

“What we’re seeing is a fundamental transformation of the fishing industry,” said Seth Macinko, a former fisherman who’s now an associate professor of marine affairs at the University of Rhode Island. “Labor is getting squeezed and coastal communities are paying the price.”

Blue Harvest did not respond to questions from ProPublica, but said in an email that the firm’s focus was to advance its company strategy so employees “can be confident about their future.”

“I cannot tell you how many times I have listened to employees scared to the core for themselves and their families due to unsubstantiated rumors about our company,” Blue Harvest President Chip Wilson wrote in an email.

What’s the Future of Private Equity?

Private equity has gone through multiple eras. In the 1980s, private equity firms focused on breaking up companies through highly leveraged buyouts. Starting in the 2010s, they began to focus on making large operational improvements to their portfolio companies, and the 2020s are expected to largely be the same. Some critics argue that the largest private equity firms have become so large themselves that they have become the very thing that they aimed to disrupt in the 1980s: large corporate behemoths that were slow, inefficient and had disparate business units. The size of private equity funds themselves continues to grow.

Absent massive regulatory changes that would make it too costly to finance buyouts or would entirely remove the carried interest tax savings, private equity firms will continue to acquire companies, restructure their operations, improve efficiency and seek to generate market-beating returns for their investors. “Most deals are competitive these days,” said Kaplan, the University of Chicago professor. “As a result, you cannot earn a good return without improving the business.”

Update, August 5, 2022: This article has been updated to reflect the removal of the carried interest provisions of the legislation supported by Sens. Manchin and Schumer.

by Chris Morran and Daniel Petty

Public Defenders and Defense Attorneys: Help ProPublica Report on Criminal Justice

2 years 8 months ago

ProPublica’s journalism is propelled by the people who share their observations, advice, expertise and inside knowledge with us. Public defenders and defense attorneys have long been important to our work.

As our staff grows, we are experimenting with better ways to stay in touch. This is one of them: If you are a current or former public defender or criminal defense attorney, we invite you to add your name to our list of volunteer sources. We may contact you with questions about your expertise and the intricacies of the criminal justice system. We will also share occasional updates about stories in the works.

We also welcome your suggestions for stories. Our coverage focuses on patterns of misconduct and systemic harm. We look for untold stories about abuses of the criminal justice system, such as prosecutorial or judicial misconduct, wrongful convictions and inequities. We typically do not publish articles about individual incidents, but your collective observations will help us identify bigger issues and themes.

By filling out the form below and sharing it with others, you will help us tell stories that can make a difference in how the U.S. criminal justice system works.

by Josh Peck and Imani White

A Right-Wing Think Tank Claimed to Be a Church. Now, Members of Congress Want to Investigate.

2 years 8 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

Forty members of Congress on Monday asked the IRS and the Treasury to investigate what the lawmakers termed an “alarming pattern” of right-wing advocacy groups registering with the tax agency as churches, a move that allows the organizations to shield themselves from some financial reporting requirements and makes it easier to avoid audits.

Reps. Jared Huffman, D-Calif., and Suzan DelBene, D-Wash., raised transparency concerns in a letter to the heads of both agencies following a ProPublica story about the Family Research Council, a right-wing Christian think tank based in Washington, D.C., getting reclassified as a church. Thirty-eight other lawmakers, including Reps. Adam Schiff, D-Calif., Debbie Wasserman Schultz, D-Fla., Rashida Tlaib, D-Mich., and Jamie Raskin, D-Md., signed onto the letter.

“FRC is one example of an alarming pattern in the last decade — right-wing advocacy groups self-identifying as ‘churches’ and applying for and receiving church status,” the representatives wrote, noting the organization’s policy work supporting the overturning of Roe v. Wade and its advocacy for legislation seeking to ban gender-affirming surgery.

“Tax-exempt organizations should not be exploiting tax laws applicable to churches to avoid public accountability and the IRS’s examination of their activities,” they wrote.

The Family Research Council did not respond to requests for comment. The IRS told ProPublica that it does not comment on congressional correspondence.

The FRC’s website describes the organization as “a nonprofit research and educational organization dedicated to articulating and advancing a family-centered philosophy of public life,” noting that it provides “policy research and analysis for the legislative, executive, and judicial branches of the federal government.”

The FRC sought and received reclassification from a standard tax-exempt charity to an “association of churches” in 2020.

In its application for church status, the organization said it met 11 of the 14 characteristics that the IRS uses to determine whether an organization is a church, including an established place of worship — a chapel in the organization’s Washington office building, at which it said it holds services attended by more than 65 people. (Someone who answered the phone at the office said the group doesn’t offer church services.) The organization said its association comprises nearly 40,000 “partner churches” that must affirm a statement of faith to join; it did not offer the names of those partners on its form to the IRS or provide them to ProPublica.

The representatives’ letter asks the IRS to review the FRC’s status change and to examine its review process for organizations similarly seeking to switch their status to become a church or association of churches.

“It’s disturbing that a letter like this is even necessary,” Huffman said. “Unfortunately our IRS has been so worn down and beaten up by the right wing that they have essentially ceased all scrutiny of organizations that self-report as churches.”

The IRS classifies churches and associations of churches as tax-exempt charitable organizations, meaning that they do not have to pay federal taxes and that donors can deduct contributions from their own taxes. However, churches are exempt from submitting Form 990, the annual financial disclosure that nonprofit organizations use to list board members, key staffer salaries, large payments to independent contractors and grants given by the organization.

And unlike for other tax-exempt organizations, a high-level Treasury official must sign off on any audit of a church.

“We understand the importance of religious institutions to their congregants and believe that religious freedom is a cherished American value and constitutional right. We also believe that our tax code must be applied fairly and judiciously,” Huffman and DelBene wrote.

In their letter, the representatives asked for feedback from the IRS on whether it needs additional direction from Congress to enforce rules surrounding tax-exempt organizations and churches. Huffman said that he hopes to pursue legislative action if the IRS isn’t able to address these concerns, but that the letter is a first step.

“You need to start here — give the agency a chance to clean up its mess,” he said.

Tell Us How Religious Organizations Intersect With Elections Near You

Please help us understand if religious organizations are becoming involved in elections and weighing in on politics in your community.

by Andrea Suozzo

News Organizations Sue Texas Department of Public Safety Over Withheld Uvalde Shooting Records

2 years 8 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief weekly to get up to speed on their essential coverage of Texas issues.

More than a dozen news organizations filed a lawsuit against the Texas Department of Public Safety on Monday, accusing the agency of unlawfully withholding public records related to the May school shooting in Uvalde.

The organizations, which include ProPublica and The Texas Tribune, have each filed requests for information detailing the response to the massacre by various authorities under the Texas Public Information Act. ProPublica and the Tribune filed about 70 records requests with multiple agencies.

DPS has refused to release records sought in the requests, even as the agency has selectively disclosed some information through public testimony, third-party analyses and news conferences.

“In the immediate aftermath of the tragedy, and continuing throughout the ensuing two months, DPS has declined to provide any meaningful information in response to the Requests regarding the events of that day — despite the awful reality that some 376 members of law enforcement responded to the tragedy, and hundreds of those were in the school or on school property not going into the unlocked classroom where the gunman continued killing helpless youth,” the lawsuit states.

A comprehensive report released in July by a Texas House of Representatives committee found that numerous law enforcement agencies, including the state police, failed to quickly confront the gunman, who killed 19 students and two teachers over the course of about 77 minutes. DPS has provided little information about the actions of its 91 officers who responded to the scene.

Under Texas law, records are presumed public unless a government body cites a specific exemption that allows information to be withheld under the state’s public information act.

DPS has said that releasing records could interfere with an ongoing investigation. The news organizations argue that there is no such investigation, given that the guilt of the gunman is not in dispute and authorities say the 18-year-old acted alone. The local prosecutor, Uvalde County District Attorney Christina Mitchell Busbee, has acknowledged that she is not conducting a criminal investigation.

The records requested by the news organizations include emails, body camera and other video footage, call logs, 911 and other emergency communications, interview notes, forensic and ballistic records, and lists of DPS personnel who responded to the shooting.

“The Texas Department of Public Safety has offered inconsistent accounts of how law enforcement responded to the Uvalde tragedy, and its lack of transparency has stirred suspicion and frustration in a community that is still struggling with grief and shock,” said Laura Lee Prather, a First Amendment lawyer at Haynes Boone who represents the news organizations. “DPS has refused numerous requests by these news organizations even though it’s clear under Texas law that the public is entitled to have access to these important public records. We ask that the court grant our petition so that the people of Texas can understand the truth about what happened.”

In addition to ProPublica and the Tribune, the plaintiffs include The New York Times Company, The Washington Post, NBC News, CNN, ABC News, CBS News, Scripps Media and Gannett.

The suit was brought in state district court in Travis County.

by Zach Despart, The Texas Tribune

After Receiving Millions in Drug Company Payments, Pain Doctor Settles Federal Kickback Allegations

2 years 8 months ago

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A dozen years ago, a Santa Monica, California, pain doctor named Gerald M. Sacks emerged as one of the pharmaceutical industry’s top paid speakers — anointed to extol the virtues of a variety of drugs, even though several experts in pain medicine said they’d never heard of him.

His drug company haul had occurred largely under the radar until 2010, when ProPublica started digging into what the firms were paying physicians to deliver talks and consult on their pills. That’s when we consolidated the payments from seven companies, most of which had been forced by government settlements to make them public, in a database we called Dollars for Docs.

Sacks turned out to be a big winner, and we wrote about how little in his resume explained why. He was even a focus of an op-ed we wrote in the Los Angeles Times about how patients are often unaware of the relationships their doctors have with drug companies.

Nevertheless, companies continued to pay Sacks large sums. From 2015 to 2021, he received more than $2 million from companies to speak and consult on their behalf, including spending on travel and meals, federal data shows.

But last month — 12 years since we first wrote about him — Sacks’ puzzling role as one of the drugmakers’ chosen pain doctors took a different turn: Federal prosecutors allege he’d been paid to prescribe.

Sacks agreed to pay more than $270,000 to resolve allegations by the U.S. Department of Justice that he’d accepted kickbacks from drug companies Purdue Pharma and Depomed to prescribe their products. Purdue is the maker of OxyContin and pleaded guilty in 2020 to, among other things, conspiring to provide kickbacks to doctors. The Anti-Kickback Statute prohibits doctors from prescribing drugs in exchange for speaking or consulting payments from drug manufacturers.

From 2015 to 2018, Purdue paid Sacks more than $70,000 for speaking and consulting. Depomed, which changed its name to Assertio Therapeutics in 2018, paid him more than $285,000 for speaking and consulting from 2015 to 2018, according to the federal government’s Open Payments database. Neither Assertio nor its predecessor, Depomed, has been accused by the government of wrongdoing.

Sacks writes a few thousand prescriptions a year, including refills, to patients in the federal Medicare program. Among the tally in years past were hundreds of prescriptions for the drugs for which the government accused him of taking kickbacks.

Sacks denied wrongdoing in the settlement and did not return phone calls seeking comment. Neither Purdue Pharma nor Assertio returned emails seeking comment.

“Physicians are prohibited from accepting kickbacks designed to influence their decision making,” Deputy Assistant Attorney General Michael D. Granston said in a news release. “Adherence to this prohibition is especially crucial with regard to dangerous drugs like opioids.”

The allegations against Sacks relate to his prescribing of the drugs Butrans, Hysingla and OxyContin, made by Purdue, to patients on Medicare between December 2010 and October 2021. They also cite his prescribing of the drugs Gralise, Lazanda and Nucynta, made by Depomed, to Medicare beneficiaries in 2016.

Experts say the evidence is now overwhelming that there is a strong association between drug company payments and doctor prescribing. This link is worrisome, they say, because doctors should prescribe medications solely based on what’s best for the patient, not because they receive money from the company that makes a drug. Some prescription drugs may be more expensive or have greater side effects than cheaper or generic alternatives.

Today, the federal government collects information on payments from all drug and device makers in its Open Payments database. Researchers say such payments show that patients and regulators need to be on guard.

In a research article last month in the Journal of Health Politics, Policy and Law, the authors note it’s not just one study that found a troubling link between drug company cash and what doctors prescribe. “Every published, peer-reviewed study that has evaluated the association between payments and prescribing using a causal inference framework has found evidence that receipt of industry payments increases physicians’ prescribing,” they wrote. They call on a variety of parties, including doctors, the drug industry and regulators, to take action to reduce these conflicts.

Dr. Aaron Mitchell, one of the authors and an oncologist at Memorial Sloan Kettering Cancer Center, said the ever-growing list of research findings upends the presumption that payments to physicians, particularly small ones like meals, don’t influence doctors’ prescribing.

“The legal interpretation of a kickback has long been that industry payments and other transfers of value to physicians are OK as long as they don’t influence prescribing,” he said. “We now have overwhelming data that such payments do influence prescribing. In light of that we need to seriously reexamine the status quo.”

Mitchell suggested that regulators, like the Office of Inspector General of the U.S. Department of Health and Human Services, review their guidance related to industry payments and “be clear to everyone that these are going to be under increased scrutiny and increased risk of prosecution than they have in the past.”

The OIG’s Office of Counsel said in a statement that it “has long expressed concerns over the practice of pharmaceutical manufacturers providing anything of value to physicians in a position to make or influence referrals to manufacturers’ products.” The office issued a special fraud alert in 2020 that discussed the risks of speaker program payments to physicians and other practitioners by drug and medical device companies.

“OIG has pursued, and will continue to pursue, abusive financial relationships between pharmaceutical manufacturers and physicians,” the statement said.

In 2021, the most recent year for which there is publicly available data on payments to doctors, drug companies paid Sacks more than $84,000.

by Charles Ornstein

New York Polio Case Now Connected to Traces of Virus Found in UK and Israel

2 years 8 months ago

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Public health officials’ international hunt for clues in the case of polio that paralyzed a New York man has turned up a big one: The virus that infected him matches the genetic fingerprint of poliovirus found in sewage samples taken in London and in the Jerusalem area, officials at the Centers for Disease Control and Prevention and the World Health Organization told ProPublica on Friday.

It is not yet clear how the virus moved from one place to another or where it was first.

“That is still being investigated,” Oliver Rosenbauer, communications officer for WHO’s Global Polio Eradication Initiative, said in an email.

The hunt for answers in countries thousands of miles apart shows how viruses can hopscotch across the globe. Polio is highly contagious and, because the majority of infections cause no symptoms, it can circulate silently through communities where there is no routine monitoring.

ProPublica reported on Tuesday that U.S. public health agencies generally haven’t tested sewage for evidence of polio, relying on high vaccination rates to protect Americans from the disease, but there are signs of cracks in that shield, both here and abroad.

Waiting for patients to show up with symptoms can be perilous: By the time there’s a case of paralysis, 100 to 1,000 infections may have occurred, public health experts say. New York health officials began screening wastewater only after the case there was identified.

The New York case was the first in the U.S. in nearly a decade. It was discovered after a young man in Rockland County, a suburban area northwest of New York City, sought medical treatment in June for weakness and paralysis. He had not been vaccinated against polio. It was well into July when tests confirmed he had polio.

Genetic sequencing confirmed that he had what’s called vaccine-derived polio. This kind of polio is linked to an oral polio vaccine that hasn’t been used in the U.S. since 2000. The oral vaccine, still used in other parts of the world, relies on weakened polio viruses to trigger the immune system and create protective antibodies. In rare instances, when the weakened viruses circulate in people who have not had the vaccine or are under-immunized, they can revert to a form that can sicken unvaccinated people.

Public health officials said the traces of poliovirus found in sewage samples from early June in Rockland County and greater Jerusalem were still too weak to cause paralytic polio. It’s not clear where the virus evolved, becoming powerful enough to cause the Rockland County patient’s illness.

A spokesperson for Rockland County’s Health Department said she could not confirm whether the man had traveled to London or Jerusalem this year.

Another mystery in the case is that like the U.S., the U.K. hasn’t used the oral polio vaccine in years. Instead, both use only an injectable vaccine that contains inactivated viruses and cannot cause vaccine-derived polio. Though Israel does use oral polio vaccine, the version it uses does not contain the strain of polio, known as Type 2, that’s turned up in the sewage samples or that infected the New York man.

New York officials say they are now testing both stored sewage samples, which were collected as part of the effort to track COVID-19, and more recent ones for signs of polio.

While high vaccination rates in the U.S. have made the risk of polio remote, some communities have far lower vaccination rates than the country overall. Rockland County in 2018 and 2019 struggled with an extended outbreak of measles — also preventable with vaccination — that was concentrated in its Orthodox Jewish community. Some news organizations have reported that the man paralyzed with polio is a member of that community.

Most Americans aren’t old enough to remember, but in the first half of the 20th century, polio ranked among the nation’s most feared diseases. It victimized mostly young children, attacking their spinal cords, brain stems or both, and left thousands with irreversible paralysis. After the first vaccine was approved in 1955, U.S. cases dropped precipitously within a couple of years.

by Robin Fields

U.S. Lawmakers Demand Federal Scrutiny of Turkey’s Drones

2 years 8 months ago

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As countries around the globe add armed drones to their arsenals, federal lawmakers are pressing the Biden administration to investigate how U.S. parts and technology ended up in what has fast become one of the most popular models on the world market: Turkey’s TB2.

Manufactured by the Turkish firm Baykar Technology, the TB2 can hover high above a battlefield and strike targets with laser-guided missiles. Baykar has maintained that the TB2s are domestically produced, with nearly all of the parts coming from within Turkey. But, as ProPublica reported this month, wreckage from downed drones in multiple conflicts has shown otherwise. A range of components were made by manufacturers in the U.S., Canada and Europe.

To learn more, Rep. Tony Cárdenas, D-Calif., recently introduced an amendment to the House version of the National Defense Authorization Act. The annual budgeting bill is often an opportunity for lawmakers to require reports from the administration on pressing issues, and Cárdenas focused on the TB2, highlighting Azerbaijan’s deployment of the weapon in its 2020 war against neighboring Armenia over the disputed territory of Nagorno-Karabakh. Images of drone wreckage published by local media outlets and the Armenian military at the time showed parts that matched those made by several U.S.-based companies. Some of those firms told ProPublica they had taken steps to stop direct sales to Turkey, but others continue to sell key parts.

Turkey has ramped up TB2 exports in recent years. At least 14 countries now own the drones, and 16 others are seeking to purchase them.

“We’ve been paying close attention to Turkey’s drone sales and how these weapons have been deployed around the world,” Cárdenas told ProPublica in a statement. “I’m troubled about the destabilizing effects we’re seeing and the human rights concerns that follow, especially in places like Nagorno Karabakh. We need a full accounting of the role U.S manufactured parts are playing so that Congress can conduct proper oversight.”

If enacted, the legislation would require the Defense Department, in consultation with the State Department, to produce a report on U.S. parts in the TB2s used in the Nagorno-Karabakh conflict and any potential violations of export laws, sanctions or other regulations. Neither the Turkish Embassy in Washington nor Baykar Technology returned requests for comment for this story. Previously, when asked about the source of key components in its drones, Baykar did not respond to specific questions and would only say those queries were based on unspecified “false accusations.”

At issue are U.S. export laws. Typically, military parts are strictly controlled, requiring licenses from the State Department detailing their buyers and end uses. But many of the key components in the TB2 are commercial-grade technologies, which are found in a variety of consumer products and not subject to arms laws. And as a member of key global anti-arms compacts, Turkey can easily import the off-the-shelf parts, avoiding a web of sanctions and restrictions intended to curb the efforts of countries like Iran and China, which also operate drone programs.

Some critics have called on the Biden administration to crack down on Turkey. Other countries, including Canada, have previously instituted export bans to keep key parts from flowing. But for the U.S., experts say, there are a number of diplomatic considerations. Turkey is a long-standing NATO ally. And, more recently, the TB2 has emerged as a critical tool in places like Ukraine, where the country’s military has used it to battle Russian forces — a fact that the drone maker, Baykar, has repeatedly emphasized in media coverage of the conflict. “I think it is one of the symbols of resistance,” Selçuk Bayraktar, the firm’s chief technology officer, told CNN. “It gives them hope.”

Elsewhere, however, the TB2 is far less revered. In fact, it has been used to kill not just soldiers but civilians, drawing the ire of various governments and human rights groups.

In 2019, for example, Turkey sent the drones to the Tripoli-based Government of National Accord in Libya, despite a United Nations arms embargo. The U.N. said the weapon then helped transform a “low-intensity, low-technology” fight there into a bloody conflict. In Ethiopia, amid a war with rebels, the government used TB2s in airstrikes that have killed dozens of civilians, including those living in a camp for displaced people.

Biden administration officials raised concerns about drone use in the Ethiopia conflict with their Turkish counterparts but stopped short of taking action, despite an executive order authorizing them to impose sanctions against any party involved in the fighting.

This year’s National Defense Authorization Act reflects America’s tense relationship with Turkey. If signed into law, it would restrict the administration’s efforts to sell F-16 fighter jets to the country. Lawmakers cited a number of recent moves by Turkey, including its opposition to Finland and Sweden joining NATO. “How do you reward a nation that does all of those things,” Foreign Relations Committee Chair Sen. Robert Menendez, D-N.J., told Politico.

The House amendment on TB2s, introduced by Cárdenas and co-sponsored by 19 others, represents the second attempt in the past year to put the Turkish drone program on the White House’s radar.

Last year, lawmakers sought a similar mandate for a report on U.S. parts and technology used in the Nagorno-Karabakh conflict. One version of the 2021 amendment, introduced by Menendez, called for a broad assessment of the TB2s, their sales since 2018 and U.S. parts used in them. The final version, however, was watered down. It did not name the Turkish drone or Turkey specifically, and it asked the Biden administration to look generally into American “weapon systems or controlled technology” used in the 2020 Azerbaijan-Armenia conflict. ProPublica found that the Turkish government had hired lobbyists to discuss the drones issue with lawmakers at the time.

Under the law, that report was due in June, but the Defense Department has yet to release it. A spokesperson told ProPublica this month that it was “out for final review with pertinent stakeholders.” The department did not respond to subsequent requests for an update on when that review would be complete.

To some administration critics, the delay is another indication of Turkey’s clout in Washington.

“Taking something off the shelf and using it to patch together a weapon might not technically cross a legal line, but it should be of concern,” said Aram Hamparian, executive director of the Armenian National Committee of America, a pro-Armenia lobbying group that has called for a range of measures against Turkey. “It should be addressed as part of our general U.S.-Turkey relationship, and I’m not sure it is. I think they get a free pass on it.”

The Senate is expected to finalize its version of the National Defense Authorization Act in the coming months.

by Umar Farooq

Help Us Investigate Termination of Parental Rights in the Child Welfare System

2 years 8 months ago

Journalists at ProPublica and NBC News would like to connect with people whose parental rights have been terminated in the past decade.

We have received an outpouring of responses, and at this time we are only looking for people with cases in Alaska, Arkansas, Arizona, Michigan, Minnesota, New Mexico, Oklahoma, Texas, Utah, Vermont, Virginia and West Virginia.

We want to understand how your case was handled by your state’s child welfare agency and courts, and what types of services you were provided to help reunite your family.

We know this can be difficult to talk about, and we appreciate you sharing your experience. Filling out our short questionnaire will help us do more reporting that matters to your community.

We take your privacy seriously. We are gathering these stories for the purposes of our reporting, and we will contact you if we wish to publish any part of your response.

We won’t be able to respond to everyone who reaches out, and we cannot provide legal advice or assistance with your case. But we promise to read everything you submit, which will help guide our work.

Asia Fields contributed reporting.

by Agnel Philip, ProPublica; Hannah Rappleye, NBC News; Eli Hager, ProPublica; Suzy Khimm, NBC News; and Nirma Hasty, NBC News

At Liberty University, Veterans’ Complaints Keep Coming

2 years 8 months ago

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When an Army veteran was looking for somewhere to get an online aviation degree a couple of years ago in hopes of becoming a pilot, Liberty University advertised having the speed and flexibility she needed: accelerated eight-week courses with start times throughout the year and 52 affiliated flight schools around the country where she could get the required flight training. She signed up for the program, paying with the GI Bill benefits that have made military veterans such a reliable source of revenue for Liberty and other universities with large online programs.

But when her husband, who was still on active duty, learned he would be transferred from Georgia to Hawaii, she discovered that the lone Liberty flight affiliate on Oahu, George’s Aviation Services in Honolulu, did not offer the accelerated courses Liberty had touted. This meant that it would take her double the time to complete her program, two years rather than one, and would cost U.S. taxpayers more along the way, she stated in a complaint she filed with the Department of Veterans Affairs.

“There was not one time where it was clearly stated that some flight affiliates do not accept students in the accelerated program,” she wrote in her complaint. “I would not have enrolled knowing that I didn’t have the option at every flight affiliate and now I am stuck with having very few courses remaining and an inability to continue in the program.”

The complaint was one of more than a dozen provided in response to a public records request about Liberty that was filed with the Veterans Affairs department’s GI Bill Feedback Tool and shared with ProPublica. In 2018, ProPublica published an investigation of the highly lucrative online operation at Liberty, the evangelical college in Lynchburg, Virginia, founded in 1971 by the Rev. Jerry Falwell. The investigation showed how under the leadership of Falwell’s son, Jerry Falwell Jr., who took over after his father’s death in 2007, Liberty turned its online division into the financial engine of its burgeoning campus and political network, helping drive the university’s net assets from $150 million in 2007 to more than $2.5 billion in 2018.

The article revealed how much Liberty — the second-largest provider of online education after the University of Phoenix — relied on taxpayer funding for tuition revenue: Its students received more than $772 million in total aid from the Department of Education by 2017, plus more than $40 million from the Department of Veterans Affairs. Military veterans are such a big market for Liberty University Online that it has a whole division assigned to them.

And the article described a “steep drop-off in quality from the traditional college to the online courses” that was “openly acknowledged among Liberty faculty.” It showed how the university managed to keep its costs in delivering online courses exceedingly low by relying on low-paid instructors and course designers. This helped explain how Liberty, which is a nonprofit organization, managed to pocket $215 million of net income on nearly $1 billion in revenue in 2016, but it also helped explain why students were filing complaints with Virginia’s higher education oversight agency. It was a couple dozen such complaints, obtained via a public records request, that gave rise to the ProPublica investigation, revealing a much deeper iceberg of concerns about Liberty’s online operation. (In the 2018 article, Falwell Jr. described the university’s financial management as shrewd and defended the quality of its instruction.)

There have been dramatic changes at Liberty since then: In the summer of 2020, Falwell Jr. resigned as president after news reports of extramarital activities involving him and his wife. (He said that his wife had had an affair but that he had not.) Meanwhile, the university community has witnessed the realization of the goal that Falwell cited in championing Donald Trump for president in 2016: the Supreme Court’s overturning of Roe v. Wade.

Throughout all the upheaval, though, complaints about online education have kept coming, as shown by the VA’s records, which were provided to Dahn Shaulis, a higher education blogger who filed a records request for complaints and then shared the agency’s response with ProPublica. Those records do not indicate whether the VA took any action in response to the complaints.

A spokesperson for Liberty said in a statement that the university is “not presently aware of any negative findings” by the VA for any such complaints. “In several circumstances,” the statement continued, “including one referenced, the VA independently determined the student’s complaint to be unfounded and did not request Liberty’s review.” (The spokesperson said the university is legally barred “from disclosing certain specific details about individual students.”) He added that Liberty “has trained hundreds-of-thousands of students and naturally not every student was fully satisfied with their experience, but we are ranked much lower with regard to VA complaints per capita compared to our online competitors.”

Asked about the complaints against Liberty, a VA spokesperson replied with a statement that noted: “VA continues to review and monitor all GI Bill schools’ compliance with applicable statutes and regulations, and when necessary, will take appropriate action and provide GI Bill students, the public, and state or federal partners with timely information and options.” The statement added, “Actions taken in response to a reported issue are not shared on the GI Bill Feedback Tool.”

The woman moving to Hawaii was not the only aggrieved aviation student. Another complaint, filed early this year, alleged a “bait and switch tactic” by Liberty to gain a student’s enrollment. The university offered a course meant to allow a helicopter pilot to transition their skills into an airplane certification, combining that training with prerequisite courses that would together result in a full-tuition load. The transition course required special approval, and the applicant applied for and received it, and then went through the requisite “financial check-in” portal to confirm his payment via the GI Bill.

Only after he’d done all that did it emerge that, according to the complaint, the transition course was in fact nonexistent. But he was signed up for the prerequisite courses, which he would never have bothered to take on his own. After he protested, the university unenrolled him completely from the university, which he took as “retribution.” He asked that the VA “place [Liberty] in a review status where they are forced to administer the program in a more circumspect manner.”

For another veteran, the problems started later in his time at Liberty, when he was just a few credits shy of getting his degree. In May 2021, he suddenly got notice that his financial aid had been suspended because he had supposedly fallen short of Satisfactory Academic Progress standards, even though his GPA was well above the 2.0 given as the minimum necessary on the financial aid website. The university then demanded he pay $2,934 to make up the difference, which he said made it impossible to complete his degree. He was unable to reach anyone to resolve the matter. “I have made several calls to the school and no one has been willing or able to help in getting the information needed to ensure that this issue gets resolved,” he wrote. “I have filed several appeals to this and all have been denied but they have refused to say why or ask for any additional information from me in any way.”

Lack of communication was a recurring theme in the complaints. Another student, entering her last semester in the school of education, had reached out to Liberty early this year to let the school know that due to health problems, she would be unable to act as a student teacher and would need to transfer into a nonlicensure track as a result. But she said she received incorrect information and was placed into the wrong class and from there fell into a morass of delays and unreturned emails, as emails are the only way that the school lets students communicate with the “gate coordinators” who oversee advancement through the education degree program.

“Advising has told me that they are required to answer in 48 hours, but that has never been the case for me,” she wrote. “At this point, I feel like they have taken my money and the money of the VA and are now leaving me high and dry. They do not seem to care that I am going to be unable to graduate and finish my degree after years of work. I have invested countless hours trying to meet their requirements and have faced nothing but misinformation, incorrect information [and] people passing the buck to someone else.” She concluded, “I feel like I have wasted my time and money as well as the money the VA has invested in my education.”

Yet another veteran offered a more systematic criticism this spring. Liberty, his complaint asserted, was failing GI Bill recipients on three levels: The university fails to certify their GI Bill benefits properly, which often creates a welter of unnecessary debts and offsets; it fails to provide proper academic advising, with the consequence that “veterans can get over their heads and fail classes or not be adequately informed about course loads”; and it fails to provide adequate academic support for the online programs, with communications limited mostly to emails. “They do not answer their phones besides the call centers that cannot provide detailed support no matter what,” he wrote.

For another veteran who was seeking a Ph.D. in health science and ended up in a billing dispute with the university, the most confounding part was his sense that Liberty was indifferent to the troubles he was experiencing. “Little do they know this causes undue stress in our lives,” he wrote in his complaint, “but I’m sure they do not care because they are only in it for the money.”

by Alec MacGillis

Barbados Resists Climate Colonialism in an Effort to Survive the Costs of Global Warming

2 years 8 months ago

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This article is a partnership between ProPublica and The New York Times Magazine, and it is exempt from our Creative Commons license until Aug. 26.

Late on May 31, 2018, five days after she was sworn in as prime minister of Barbados, Mia Mottley and her top advisers gathered in the windowless anteroom of her administrative office in Bridgetown, the capital, for a call that could determine the fate of her island nation. The group settled into uncomfortable straight-backed chairs around a small mahogany table, staring at framed posters of Barbados’ windmills and sugar cane fields. Mottley, who was then 52, can appear mischievous in the moments before her bluntest declarations, but on this evening her steely side showed. She placed her personal cellphone on speaker and dialed a number in Washington for the International Monetary Fund. As arranged, Christine Lagarde, the managing director, answered.

Mottley got to the point: Barbados was out of money. It was so broke that it was taking out new loans just to pay the interest on the old ones, even as its infrastructure was coming undone. Soon the nation would have no choice but to declare itself insolvent, instigating a battle with the dozens of banks and creditors that held its $8 billion in debt and triggering austerity measures that would spiral the island into further poverty. There was another way, Mottley said, but she needed Lagarde’s help.

Mottley, the first woman to lead Barbados, had been working toward this conversation for nearly two years, consulting expert financial and legal advisers to develop a plan that would restructure the country’s soaring debts in a way that would free up money to invest in Barbados’ economy. Then, nine months before voting day, that plan took on new urgency as two powerful hurricanes ripped through the Caribbean 12 days apart; they missed Barbados, but one of them obliterated nearby Dominica.

Sargassum seaweed, which thrives in warming oceans, is overtaking a beach in Barbados. (Erika Larsen/Redux, for The New York Times)

In Mottley’s view, that obliteration was “like a nuclear event.” It was increasingly clear that climate change would make all the projects that Barbados already could not afford more necessary — and more expensive. The storms revealed that even the most heroic economic planning could be laid to waste in a moment. It was already obvious that every climate crisis was an economic crisis; but going forward, she realized, every economic crisis would effectively be a climate crisis. For Mottley, this meant the money she needed the IMF to help her recoup wasn’t just for her people’s prosperity but for their survival.

Mottley’s insistence on speaking directly with Lagarde — she had been pushing for the meeting for nearly a week while Lagarde’s office demurred — was an unorthodox way to approach the leader of one of the world’s dominant economic institutions. Having descended from two generations of elite politicians, Mottley had learned, though, that important decisions at large organizations are made at the top. Her grandfather was the mayor of Bridgetown; her father served as the country’s consul general to the United States. She was groomed at the island’s elite girls’ academy, Queen’s College, and at the private United Nations International School in New York. Beside her in the anteroom was her adviser Avinash Persaud, a close friend since the days when they each studied at the London School of Economics, where she received her law degree in 1986. Persaud, who went on to lead research departments at J.P. Morgan and State Street Bank, was deeply knowledgeable about development finance. The two friends were joined by the principals of a little-known but influential London financial firm called White Oak Advisory — Sebastian Espinosa and David Nagoski — debt experts who had developed a novel contractual clause to protect countries from at least some of the economic consequences of climate-driven catastrophes.

Mottley (Erika Larsen/Redux, for The New York Times)

With Lagarde on the phone, Mottley made her pitch. Barbados, she said, was going to default on the debt it owed to private banks and investors. She wanted Lagarde’s support in persuading them to renegotiate its terms. The IMF is both the assessor and the enforcer of global economic policy, the de facto gatekeeper to the world’s capital markets. Mottley knew that banks and investors would work with her only if Barbados were participating in a formal IMF program for economic reform — and it had to start immediately.

Mottley told Lagarde that Barbados was prepared to do voluntarily what most countries have to be coerced to do: cut its budget and raise taxes. But she needed something in return. With the effects of climate change bearing down on the region, the kind of austerity the IMF demanded from developing nations — slashing the size of government agencies and firing thousands of public employees while auctioning off real estate and other national assets — would no longer work. Mottley wanted Lagarde to endorse an economic program that would still allow her to raise salaries of civil servants, build schools and improve piping and wiring for water and power. “Before you carry people on a long journey,” she told Lagarde, “you have to give them a little breakfast.”

Barbados, while considered relatively wealthy by World Bank standards, hadn’t been able to borrow on the international market since 2013, and it had no capacity to pay for essential programs and projects. The concern was immediate, Mottley explained: Hurricane season was about to begin. The room fell quiet. No one was sure how Lagarde would respond. Would she trust Mottley to spend on Barbados first? Or demand — as the IMF usually did — deference to debtors? Then, as Mottley’s advisers recall, came the director’s surprising reply: She was extremely supportive of what Mottley was proposing.

The next day, Mottley declared that Barbados would stop making its payments on the nation’s debts. “Today, my friends, we pry off the hands that have been strangling us,” she said. Some of the business leaders she had gathered to stand behind her at the lectern winced. The value of Barbados’ bonds on the global markets crashed. S&P Global downgraded the island’s credit. The country teetered on the edge of financial chaos. With that, Mottley’s adventure onto the global stage of financial and climate activism began.

What Mottley sought would not be easy. She would have to untangle the relationships connecting the IMF with the financial institutions that invest in countries like Barbados — a global financial system that simultaneously helps and preys upon countries at their moments of greatest need. She would have to challenge the rules of that system and its powerful figures, who often struggle to recognize how climate change is altering the traditional dynamics of debt and development. Mottley would come to see the traps of that system as fundamentally unjust, born from generations of colonial rule. Just as outsiders once pillaged the Caribbean for wealth created by the hands of slaves, investors in those former imperial powers now squeezed former territories for their assets, for access to markets, for interest on loans. And she would have to contend with all of that waiting for the next storm, knowing she governed a dot of land isolated in one of the most vulnerable places on Earth.

Jehroum Wood of the Walkers Institute for Regenerative Research, Education and Design is working on a coral regeneration project to help mitigate erosion. (Erika Larsen/Redux, for The New York Times)

Few parts of the planet are as imperiled by the changing climate as the Caribbean’s crescent-shaped string of islands. Every summer, the warm waters off the northwest coast of Africa spin off cyclonic systems that hurtle across the Atlantic, reaching the easternmost stretch of these islands — where Barbados stands sentinel. Quick successions like that of Hurricane Irma and Hurricane Maria, the two storms that narrowly missed the island, were supposed to be rare. Now, though, experts believe that global warming could drive a fivefold increase in strong hurricanes, suggesting that hits from Category 4 and 5 storms will become an annual near-certainty.

Droughts, meanwhile, are growing longer and drier, threatening drinking-water supplies and making it difficult to grow food. Barbados, a teardrop-shaped island of 290,000 people, is among the half of Caribbean islands the United Nations already describes as water-scarce, with seawater seeping into its aquifers and rainfall that might drop by as much as 40% by the end of the century. The droughts will lead to wildfires, killing more vegetation and crops. When it does rain, it is projected to rain heavily and all at once, causing precipitous landslides, which will wipe out roads, rip up electrical grids and cut off energy supplies. At the same time, rising and warming seas are eroding shorelines and killing off reefs and fisheries. According to the IMF, roughly two-thirds of the 511 disasters to hit small countries since 1950 have occurred in the Caribbean, taking more than 250,000 lives.

These islands have another dubious distinction: They carry more debt, relative to the size of their economies, than almost anywhere else on the planet, a fiscal burden that makes it virtually impossible for them to pay for the infrastructure necessary to protect them from the climate disruptions to come. Barbados, which in 2017 had the third-highest debt per capita of any country in the world, was spending 55% of its gross domestic product each year just to pay back debts, much of it to foreign banks and investors, while spending less than 5% on environmental programs and health care.

This is true beyond the Caribbean too. In poor nations around the world — from the deserts of North Africa to the low-lying islands of the Pacific and the Caribbean — rising sovereign debt is becoming a hidden but decisive aspect of the climate crisis. According to the United Nations Conference on Trade and Development, external debt for what are called Small Island Developing States, or SIDS, more than doubled between 2008 and 2021. The IMF projected that three-quarters of emerging-market economies would pay a third or more of their tax revenue just on debt service in 2021. In the zero-sum game of budgets, that means less money for shoring up infrastructure that is already in shambles. A recent analysis by Eurodad, the European debt-and-finance advocacy organization, found that over the last six years, Latin American and Caribbean countries have slashed what they pay on anything non-debt-related by 22%. As Mottley explained to me, “We always have to put aside debt money first.”

The warming planet has turned this into a self-perpetuating cycle: Were it not for the disasters worsened by climate change, much of the region’s debt might not exist in the first place. Jamaica’s debt, for example, can be tied to the response to Hurricane Gilbert more than three decades ago. Grenada’s is in part because of Hurricane Ivan in 2004. Dominica’s 2017 loss, relative to its GDP, was the equivalent of a $44 trillion hit to the U.S. economy.

Avinash Persaud (Erika Larsen/Redux, for The New York Times)

According to the World Bank, these climate-driven damages have made it difficult for the Caribbean economies to achieve anything resembling healthy growth. Since 1980, the cumulative cost of disasters has amounted to more than half of a year’s worth of total economic product for 14 Caribbean nations. The costs have eclipsed average annual GDP growth in five of them. There are poor countries with more debt, and there are island countries in the Pacific facing more imminent climate threats, but nowhere in the world do the debt and climate vulnerabilities overlap to the extent they do in the Caribbean. Fixing the debt crisis, as Persaud told me, “isn’t about countries mopping up their fiscal discipline. It is that countries on the front line face a different kind of risk. They face wipeout risk.”

The IMF could buffer this crisis. Indeed, doing so is arguably its mission. The IMF was formed in 1944 when the soon-to-be victors of World War II met at a hotel in Bretton Woods, New Hampshire, to build a new economic system for a world devastated by years of war and depression. Its mandate: to stabilize global markets and keep currencies — and debts — predictable. Today 190 member countries pay dues into a pool from which they can borrow in a crisis.

On balance, the IMF and the World Bank have served their primary function well, steadying economies and offering the reassurance of economic leadership to global markets over many decades. But the fund also became a conduit by which global capital, and the mixed blessings that come with it, flow to the world’s poorer nations. Its advisers are the people who dictate the often-painful recalibrations a troubled country must take to crawl back toward economic recovery and regain market trust. It has become one of the most influential, if underappreciated, determiners of climate policy in the world.

The IMF doesn’t lend much money directly — that’s the job of the World Bank and other development banks — and it doesn’t negotiate between a country and its creditors. But it does draw the boundaries of possibility and policy, and its stamp of approval is an essential prerequisite for other investors, banks and ratings agencies to encourage new projects or lend more money. Should those private contracts fail, the bankers and other buyers know that to some degree, the great international finance institutions stand by ready to help make them whole. An indebted developing country is paralyzed and ostracized without the IMF’s stamp of approval, which gains it access to the world’s capital markets. And that approval is conditioned on fiscal changes that can carve deeply into the bone of civil society.

For her entire life, Mottley had watched Barbados painstakingly build itself up as a postcolonial democracy. Now climate change was prying away the nation’s — and the whole region’s — grip on its destiny. The big institutions capable of aiding Caribbean countries, Mottley could see, leaned too heavily on outdated assumptions and equations. The IMF requires countries to perform within its framework but has been slow to allow that global warming might require the framework to change, only recently beginning to fold some nominal climate risk into its calculations. It continues to hold countries to metrics for success — primarily the ability to keep the ratio of total debt to annual GDP quite low — that many economists say are unrealistic and arbitrary. The IMF has held steadfastly to its doctrine for years, based on its studies of how larger economies, not small ones, function. But a doctrine that demands austerity often only increases a country’s vulnerability to climate threats. “There’s an orthodoxy as to what is acceptable, and what can be sustained,” Mottley said.

By declaring nations like Barbados too rich to qualify for development aid, the World Bank — which effectively puts IMF policy into practice — has relegated them to economic purgatory. The bank has folded climate risk into a range of climate-related aid and disaster-finance programs, but it still does not formally consider a country’s specific climate risk when it evaluates eligibility for its discounted development loans.

Then, by failing to fully account for how the exceptional costs of climate change affect national wealth, the IMF and the World Bank have wound up driving countries in need toward profit-reaping hedge funds and banks, to borrow billions of dollars, often at credit-card-like interest rates.

Throughout, the debts have been collected. They were collected as the shadow of the 2008 financial crisis lingered and as a pandemic decimated tenuous health care systems and tourist-reliant economies. They continue to be collected despite a climate crisis that is caused almost entirely by the copious fossil fuels that those same powerful creditor nations burned to industrialize and achieve their own wealth, the very wealth that undergirds the IMF. Caribbean nations are being asked, in a sense, to pay not only their own debts but the rest of the world’s debts, too, for all the progress it made while leaving the Caribbean behind.

Oistins Fish Market and community are a tourist attraction in the parish of Christ Church. (Erika Larsen/Redux, for The New York Times)

Mottley’s ascent seemed inevitable to some Barbadians — one childhood friend said that at 12, she promised she would be prime minister — but not to all. Even after she earned her law degree at 21, her father urged her toward private practice. Why would Mia, the oldest of four siblings, a girl who loved music and for a while even managed a reggae band, want to wade into the island’s internecine politics? “Horses for courses,” Mottley told me recently, using the British phrase suggesting that everyone has a purpose in life. Her mother was the real politician. “Mommy would tell us all along that you all and your father are lawyers, but I am the law,” she said. It was her mother who “sees people, she hears people, she feels people.” That became Mottley’s creed. As prime minister, she is often seen at food trucks and is known as Mia to cabdrivers and reporters.

Mottley was first elected to Barbados’ Parliament in 1994. She was the youngest Barbadian ever appointed to a ministerial position and has served as both the country’s attorney general and its minister of economic affairs. Since 2008, she has twice headed the Barbados Labour Party. Her 2018 election was a landslide, with the party taking all 30 seats in the country’s lower Parliament.

She told me once that one of her great regrets was not being around to fight for Barbados’ independence in 1966. The country’s first prime minister, Errol Barrow, was a family friend, and Mottley grew up steeped in his belief that it was the responsibility of the island’s government to use its resources to lift up, educate and house its citizens. She also shared Barrow’s indignation about Barbados’ past. The island, first claimed by King James I of England, was importing slaves from Africa as early as 1625, receiving thousands of people from Guyana and the Gold Coast and using them up — their life expectancy once on Barbados was less than 10 years — to produce sugar. When the British Parliament passed the act that abolished slavery in its territories in 1833, it paid white slave owners 20 million pounds to compensate them for the loss of their property, even as it required the kidnapped Africans to provide four additional years of free labor as “apprentices.”

“It goes further,” Mottley told me. The British rulers then told its freed slaves that if they didn’t continue to work, they couldn’t live on the plantations that made up most of the 166-square-mile island, “the master and servant land.” That arrangement continued for many decades, extending the system of sugar and exploitation that powered the modernization of Britain and its boom in banking, shipping and insurance. Along the way some 250,000 Black Barbadians died.

As it turns out, Mottley says, she didn’t miss the rebellion after all. “My belly full but me hungry,” she intoned one afternoon, recalling Bob Marley. “A hungry mob is an angry mob.” Her point was that the stakes for Barbados and the Caribbean are still high and the dynamics the same: The region’s 45 million people still have little voice and are easy to forget, and as the Caribbean becomes increasingly unlivable, it could become a source of potential destabilization — and mass migration — right at America’s door.

For at least a decade before Mottley was elected, a mixture of poor management and corruption had eroded the country’s economy. As Barbados’ former central bank governor DeLisle Worrell described it to me, the country had developed a “dysfunctional” fiscal culture in which government agencies and departments took loans and negotiated deals without consulting the central bank, accumulating sprawling debt and a backlog of need. On the touristed southern end of the island, sewage erupted from neglected pipes as funding to fix them lagged. The country’s response was to print more money and borrow more from abroad, to stanch the economic bleeding. In 2013, during Worrell’s term, Barbados took one of the largest commercial loans in its history — $150 million — from Credit Suisse at 7% interest; within a year, it had grown to $225 million, and by 2018, the interest on the balance was 12%. The money didn’t last, and the sewer lines weren’t fixed. It would be the last commercial loan Barbados could get. Running a consistent deficit, the country began drawing down its foreign reserves to service the loans. By the time of the 2018 election, the government was nearly broke, its reserves having dwindled to enough for just 28 days.

The people of Barbados did not choose Mottley — or her Barbados Labour Party — over its rival by a margin of 3-to-1 because their political philosophies were substantively different. They were not; both are center left. Nor was the vote driven by people thinking Mottley would challenge the global finance system or solve climate change. The vote was for fiscal competence.

Climate change was only a small part of the fiscal morass, but it was a big part of what could keep Barbados from ever clawing out. As Mottley plotted how to escape the fiscal spiral, she met repeatedly with European climate scientists who helped bring into focus how everything from the island’s housing stock to its coral reefs would determine how habitable Barbados would be in the future. Along with restructuring the country’s debt, Mottley laid out a plan, called Roofs to Reefs, to restore the island’s physical and ecological infrastructure. But it was going to take money — a lot of it. Mottley thought she could work her way to the heights of global finance to gather that money. She wasn’t the first to try it, and she didn’t know how hard a climb that would soon prove to be.

The development site for HOPE, a government project that builds hurricane-resilient houses for first-time home buyers (Erika Larsen/Redux, for The New York Times)

The IMF’s education in the economic threat of climate change began with Hurricane Ivan in 2004. It was heading straight for Barbados but veered south and instead hit Grenada, another former British colony, as a Category 3 storm; it damaged most of the structures on the island, including 73 of the country’s 75 schools. Four-fifths of Grenada’s power grid was knocked out, along with most of its nutmeg trees, virtually eliminating a key export for years. The total damages topped $800 million. Aid did come; the World Bank disbursed $20 million almost immediately. Grenada, already heavily indebted before the storm, still plunged into a deep recession. In December 2004, it missed its first payment, entering what Standard & Poor’s termed “selective default.” Then, seven months later, another hurricane struck.

In the IMF’s view, Grenada could not sustain its debts, and that judgment gave cover for the country to renegotiate with the banks and foreign governments that it owed. The IMF’s assessment came at the usual price, though. Grenada agreed to slash its federal payroll — the government was the largest employer on the island — as well as sell off assets and privatize agencies, all toward the goal of reducing its debt.

As the IMF sees it, reducing debt is the recipe for financial stability. But in the climate era, stability also requires enormous spending. Grenada needed sea walls to protect its towns against ocean surges and retaining walls to keep its mountainous roads from collapsing. It needed to harden the country for worse storms and droughts to come. And immediately after Ivan, it needed a place to send its children and its sick. So the government spent a part of its budget on new schools and hospitals and roads. But when Grenada missed its fiscal targets, the IMF instead blamed the country’s “capital expenditure overruns” for its “fiscal slippages.” From then on, according to a 2007 staff report, the IMF wanted Grenada to pay off its debts to outside investors first.

“The IMF always blames the countries,” says Timothy Antoine, director of the Eastern Caribbean Central Bank and Grenada’s permanent secretary in the Ministry of Finance during the hurricanes. Focusing on debt alone was “absolutely ludicrous,” a sign that the fund was still unprepared to acknowledge the extreme effect that a catastrophic event had on a country’s finances. Grenada had cut its budget and increased its revenues but watched its economy crumble and its poverty explode anyway. Lack of fiscal discipline alone could not account for the country’s troubles, and it wanted the support of the most powerful global institutions in finding a solution.

Over time, the IMF did begin to recognize the importance of preparing for the economic shock that climatic changes could bring — by 2014, several of its Grenada reports mentioned it. Still, connecting the risk to the consequence of default appears to have been too great a leap. Climate change was not even identified as a cause or risk factor when the IMF released its post-mortem on Grenada’s restructuring in 2017, suggesting that it had few methods for quantifying how environmental pressures might affect debt or the pace of its repayment. What was discussed was political instability and rising interest rates, not faltering agricultural exports or rising heat. “They only have a hammer,” says Daniel Munevar, a former senior analyst for Eurodad now with the U.N. Conference on Trade and Development.

In June 2014, as Grenada again approached insolvency, Antoine gathered civic and religious leaders in the second-story meeting room of a Catholic church overlooking Grand Anse Beach to plot a different approach. Grenada’s leaders wanted a mechanism that could protect them against repeating the same fate when another climate catastrophe hit. But the IMF staff weren’t sure how to put a value on the chance of a catastrophe and how to measure something that hadn’t even happened yet. A breakthrough came from White Oak Advisory — the consultants Grenada had hired.

David Nagoski, left, and Sebastian Espinosa of White Oak Advisory (Erika Larsen/Redux, for The New York Times)

Espinosa, the firm’s co-founder, had long seen how wealthy countries pushed exotic insurance products as the fix to protect against high risk. But it occurred to him that insurance, which is designed to protect against unlikely calamities, was a poor match for the grim certainties of the climate crisis. He thought instead about how debt and equity contracts often have triggers that change the terms when parties aren’t confident about their risk. What if debt relief were to be triggered by a storm? It could guarantee that Grenada would be protected when the next climate catastrophe arrived.

White Oak constructed a contract clause that would automatically grant Grenada a reprieve from payments on much of its commercial debt if another hurricane hit the island, introducing a new tool for managing sovereign debt crises in a climate-plagued region.

As Mottley began to shepherd Barbados through its own insolvency, Grenada’s experience taught her that success would depend on her ability to use the IMF to her advantage. If she failed, Barbados risked being recolonized, this time financially. Moreover, when it came to facing off against the country’s creditors, Mottley didn’t just want a discount on her debts. She wanted the one thing she’d learned would begin to make her public debt resilient to the shocks of climate change — Barbados’ own hurricane clause.

After Mottley announced that Barbados would default on its debts, the IMF wasn’t the main obstacle to restructuring them; instead, it was the financial institutions that held the debts. It might stand as a mystery how anyone thinks he or she can make money off the tribulations of a group of tiny countries. But impoverished Caribbean islands have delivered wealth to larger powers for centuries, and today is no exception. Before, it was risky commodity ventures that made great fortunes. Now it is increasingly the risk itself. Traffickers in debt offer money that is desperately needed. By taking on the risk that these tiny nations will default, they profit handsomely — and if the risk gets to be too high, they can pass the debt on at a discount to more adventurous investors. That’s the nature of finance. But the climate crisis is raising the risks considerably, and in so doing, it is once again binding the destiny of these fragile nations to the speculative will of faraway powers. Postcolonialism barely had a chance to take hold before it gave way to climate colonialism.

Few parts of the planet stand to be as thoroughly assaulted by the changing climate as immediately as the Caribbean. (Erika Larsen/Redux, for The New York Times)

When in 2018 Mottley told Barbados’ creditors that she did not intend to pay them, she and her team had a plan. The country owed approximately $8 billion, much of it to Barbadian banks owned by Canadian institutions like Scotiabank and CIBC, but nearly $1 billion of the total was owed to global financial firms, including Credit Suisse, the investment-management firm Pimco and a Morgan Stanley subsidiary called Eaton Vance. Her goal — drawn up in collaboration with the IMF — was to reduce Barbados’ total debt load by a third within 15 years. She needed to persuade her creditors to take what’s known as “a haircut,” reducing what they were owed, in this case by roughly a third. The old bonds would be exchanged for new ones at a lower interest rate. It was essential that a hurricane clause be included, too.

On the other side of the negotiations was a young, ambitious investment manager out of Boston named Federico Sequeda. A portfolio manager in emerging markets for Eaton Vance, Sequeda was accustomed to buying sovereign-debt stakes in places like Vietnam and Brazil. The mutual funds he oversaw held large positions in Barbados’ bonds. Sequeda, for one, would take umbrage at the suggestion that emerging-markets investors are predatory. Clearly, these developing countries need capital to function, he points out. Nobody is willing to donate that capital, and so accessing it — just like every other service purchased in the world — comes at a price. Ideally, there is sufficient transparency of motive and transaction so that the exchange can be a win for both sides.

In the run-up to Mottley’s election, Sequeda had flown down to the island to meet with Worrell, the former central bank chief, to get a pulse on the changes foreign investors could expect should she be elected. Still, he was caught off guard by both the sweep of Mottley’s plan and her determination to execute it. The creditors thought that Barbados could pay more and that the country was using the IMF’s cooperation to leverage lower payments. They were neither versed in nor particularly concerned with climate change as a unique risk to their investments. The notion that a hurricane clause might be imposed on funds that firms sold to their clients as less volatile than other investments was untenable. Sequeda didn’t think climate change — or the invention of a debt instrument to address it — was his business or responsibility. “We’re not really set up to analyze the probability of a climate-type risk taking place, and we don’t really think we’re actually the investors who want to be taking on that risk,” he told me.

The problem was that Sequeda and others already had huge exposure to climate risk. Commercial banks and private investors now hold approximately $54 trillion, or more than half, of the total global sovereign debt in emerging markets, linking themselves to the fate of the world’s poorest countries in what the Institute of International Finance warns is “a vicious circle of interdependency.”

Complicating matters is that only part of that total debt is publicly known. Bloomberg records, for example, show that before Mottley’s default, Barbados had at least 30 outstanding bonds and loans worth more than $1 billion, at interest rates as high as 12%. Eurodad examined another financial trading database for The New York Times, looking at bonds in Jamaica, the Dominican Republic, Belize and Suriname — four countries with bonds issued in U.S. or European currencies — and found foreign commercial debt worth nearly $10 billion. The records show that almost every major bank and investment house has a stake in these countries. BlackRock, for example, held $840 million in Dominican bonds as of January 2021. Goldman Sachs, Credit Suisse, Deutsche Bank and Citigroup have all held bonds in the countries, some at exorbitant interest rates. Jamaica, for one, recently owed some $208 million to J.P. Morgan Chase at 11.6%.

Almost certainly this is only a glimpse of a bigger and murkier picture. Eurodad researchers estimate that a vast majority of holdings — about 75% — is private debt that cannot be identified. It is obscured by the contracts that funds and equity groups make with governments, which are not required to be disclosed. Sometimes, Persaud said, even governments aren’t sure to whom they are beholden. Or, as one sovereign-debt lawyer once joked, the only reliable way for a country to identify the holders of its bonds is to stop paying.

The lack of transparency raises fundamental questions about the fairness of default negotiations and the inability of the people most endangered by the debt-climate collision to hold their governments — and their creditors — accountable. In many cases, creditors can sue countries, but countries have difficulty suing back, leaving citizens even more exposed. Over the past two decades, according to Eurodad, half of sovereign debt restructurings have led to litigation, often forcing higher payments than a country can afford.

The most aggressive litigators are found within an ecosystem of hedge-fund investors, sometimes called vulture funds, that wait for the most vulnerable moment to buy distressed debt cheaply and then flip it for a profit, often by resisting any sort of restructuring or renegotiation. In 2008, NML Capital, a subsidiary of Elliott Management, a hedge fund, bought a discounted stake in Argentina’s pre-default debt and then pursued a relentless legal strategy for repayment — at one point having an Argentine Navy ship seized off the coast of Ghana. It earned its money back and then some when Argentina issued a new bond deal. A fund called Aurelius Capital Management similarly bought up Puerto Rico’s debt, then argued in court that the island had to repay the fund before it could finance other projects, including hurricane preparedness. That case was dismissed.

In late 2018, Persaud received an email stating that a Connecticut hedge fund called Greylock Capital had bought an undisclosed portion of Barbados’ debt, and with it, a seat at the table among its creditors. The email, as Persaud recalled, warned that “they could take us to court.” But Greylock’s interest offered an opportunity. A distressed-debt fund also doesn’t need to recoup the same value that Sequeda did to make its profit, because it bought the bonds for a lower cost. Greylock might be able to drive down Sequeda’s price, helping Mottley get the terms she wanted.

From almost the start, the disaster clause Mottley sought was a sticking point. Her team would write up a lengthy proposal, always with a natural-disaster clause among Barbados’ demands. The creditors’ committee routinely would remove it. Mottley, patient, held out.

The clause White Oak designed wouldn’t reduce Barbados’ debt directly. But by suspending payments, it provided immediate access to funds in the aftermath of a calamity and shifted payment to the back end of the term. It would avoid disorderly default and keep Barbados, in the event of a catastrophe, at the table. The investors, though, didn’t buy it. Some of them, Persaud says, sharpened their tactics, telling reporters that Barbados was slow-walking its economic repair. The Financial Times reported that some creditors found White Oak’s $27 million fee to be “absurd.” Then, Sequeda and the creditors’ committee went to Washington and lobbied the IMF, demanding that it require Barbados to set aside a larger annual surplus — in essence, to free more cash to repay its debt faster.

The IMF maintains it kept the creditors at arm’s length. But sometime soon after, according to Persaud, its mission chief on the Barbados deal, Bert van Selm, grew impatient for the government to settle — even if it meant the hurricane clause would be lost. “I said, ‘Bert, are you trying to pressure us into a debt restructuring?’” Persaud told me. He says van Selm replied that the IMF needed the restructuring to be finished. Alejandro Werner, though, the IMF’s former director for the Western Hemisphere, is more direct about what occurred. For months, he says, he struggled to keep the IMF’s internal departments aligned so that Barbados’ program could succeed. But the more Mottley delayed, the more the pieces threatened to come apart. Some of the IMF staff thought Barbados was “being very obnoxious in asking for the natural-disaster clause,” he told me. “Everybody was kind of like: ‘OK, we’re so close. Let’s just close.’”

One day in early 2019, with the negotiations at an impasse, Persaud flew to New York for a private meeting with Sequeda. For nearly a year, the two sides had been in a stalemate. In person it was different. They sat for coffee at the luxurious Mandarin Oriental hotel, with views over Central Park and Midtown Manhattan. Sequeda, who was unyielding in previous meetings, softened. His father-in-law and Persaud’s father were both from Guyana. Persaud, once a Wall Street executive himself, could talk Sequeda’s talk. Sequeda wanted to make sure the new bonds would be large enough for him to easily sell his stake later on — something made more likely if the bond met the $500 million threshold to be listed on the J.P. Morgan emerging-market index. Persaud, of course, wanted the disaster clause. “He kept saying liquidity,” Persaud said. “I kept saying disaster clause.”

A few months later, the agreement was signed. There would be a fund of roughly $530 million. Barbados received a 26% reduction in its debt, enough to — at least temporarily — drop its interest payments from 7% of its economy to 3% and free up more than $500 million a year. And it received its disaster protection, making Barbados the largest issuer of bonds with hurricane clauses in the world.

It was a tremendous victory for Mottley and Persaud, but soon afterward, two things happened to remind them just how precarious life on an island can be: The COVID-19 pandemic struck, and a relatively modest storm rolled over the country.

The July 2, 2021, forecast was for blustery rains, but not extreme by Caribbean standards. As the winds picked up in Bridgetown around 7:15 a.m., Sandra Clarke made up some peanut butter on biscuits for breakfast. Clarke had worked as a stenographer for the Health Ministry. She liked Mottley — “She’s down to earth.” When the IMF terms spurred the Barbados government to cut roughly 1,000 jobs, Clarke was among those let go. It hurt her finances, but she still felt that Mottley was acting in Barbadians’ best interests. That morning, the howling grew louder, and the rain came harder. A tearing sound made Clarke look up — there was a gap where a wall and the ceiling met. “Run!” her son shouted. “I can see the sky.”

Sandra Clarke at her former home, which was destroyed by a storm in July 2021 (Erika Larsen/Redux, for The New York Times)

Months later, I met Clarke where she was staying, a government-run emergency shelter in an 18th-century stone seminary overlooking the eastern shore of the island. The good news, she told me, was that the government planned to rebuild her home. The bad news was that progress had been slow, and the house remained a series of dilapidated courtyards, with a yellow dumpster in the front yard filled with soggy mattresses and splintered wood.

Three years after Mottley identified climate change as Barbados’ preeminent threat, and three years into her effort to restructure its economy to better prepare for that threat, the country still hadn’t been able to address one of its highest priorities: shoring up vulnerable, poorly built housing. The storm, called Elsa, which barely ranked as a Category 1 hurricane, happened to fall just short of the catastrophe level that would trigger the country’s hurricane debt relief. It was, however, the kind of routine challenge the government should be able to withstand. Indeed, Clarke had gone to the government a year earlier to apply for a program that would have fixed up her house, but the waiting list was long and the funding short.

The dollars that might have saved Clarke’s home were instead used to amass a surplus that the government had promised the IMF. Mottley had reduced the public work force and raised all sorts of taxes to ballast the government’s balance sheet. All of this was done for the sake of two metrics by which the IMF still judged a country’s success: How much savings could the government set aside, and how quickly could it reduce the ratio of its debt to its GDP? To critics like Mark Weisbrot, co-director of the Washington-based Center for Economic and Policy Research, these metrics weren’t fit to the task, and meeting them was proving to be more than Barbados could bear.

As a key condition of its IMF program, Barbados agreed to produce a surplus of 6% of its GDP each year. Because government revenues — from taxes and fees — were dependent on how well the nation’s economy performed, this assumed that it would grow at a rate it had not in years, if ever, an expectation that several economists described as unrealistic, even cruel. Van Selm, the IMF’s mission chief for Barbados at the time, defends the number. “It can be done,” he told me. The IMF, meanwhile, held Barbados to its second critical measure: It would have to use much of that surplus to slash its debt levels until the debt made up just 60% of the nation’s GDP.

These are metrics that looked great in the textbooks of global economics schools in the 1960s, but they are not the measure by which the ruling economies of the world are judged today. Japan’s economy is doing fine with a debt ratio of 258%, and the United States has a ratio of 150% — both countries, Mottley said, that “did everything that they tell us traditionally not to do.” The 60% ratio, in particular, requires extreme austerity. “It’s a little bit of a matter of theology rather than economics,” Persaud told me. He and many others believe that it’s not the total amount of debt that matters, but to whom it is owed and how much it costs to carry. Development aid, for example, is often delivered as extremely low-interest loans. Should that count the same as high-interest debts to hedge funds? “It’s become a fetish,” Persaud said.

As small nations accumulate substantial debt because of climate change, which they neither caused nor benefited from causing, it raises even larger questions. Should those countries be penalized again for carrying that debt on their balance sheets, even as investors — in the purest distillation of climate colonialism — profit from that debt? Should there not at least be an allowance in IMF policy that distinguishes between climate-caused expenses and other, normal governing expenses?

When she was elected, Mottley thought she could work within the IMF’s system — that it could be flexible enough to let her whittle away at the drastic needs her country faced. A year after the negotiations were complete, though, she was beginning to see this was an illusion. That was when the COVID pandemic kneecapped Barbados’ tourism industry. Government revenues plummeted, the country’s surplus flipped into a 2% deficit and its debt started to rise again. The IMF cut Barbados a break when the pandemic hit, lowering its surplus target, but only temporarily. As the free-fall continued into 2021, the IMF announced that it would soon push Barbados toward its 6% target surplus once again, with van Selm saying that he was “pretty sure that tourism in Barbados will bounce back.” If the IMF’s goal was to support Mottley in building resilience to shock — climate as well as economic — its policies seemed to be having the opposite effect. The fund’s insistence on building a surplus was instead putting Barbados in a holding pattern, effectively sidetracking climate priorities.

While Clarke’s house, first image, remains uninhabitable, she and her son are staying in a government shelter at an 18th-century seminary on the east coast of the island. (Erika Larsen/Redux, for The New York Times)

Why? One reason, according to current and former staff members I spoke to, was that some groups within the IMF still didn’t think that accounting for climate change was essential to their work. Lagarde, who declined to be interviewed for this article, was sympathetic to Mottley’s climate fears, says Mark Plant, a 24-year veteran of policymaking at the IMF who now runs a finance division at the Center for Global Development, but during her tenure the fund made few strides on the issue. Then, in 2019, Kristalina Georgieva, a Bulgarian environmental economist, came from the World Bank to direct the IMF. Climate issues were trending politically, “and so she has pushed it quite hard,” Plant said. The same year, Alejandro Werner and Krishna Srinivasan, then the IMF’s deputy director for the Western Hemisphere, wrote a policy paper that for the first time laid out a broad philosophy for incorporating climate risk into the fund’s analytical framework. It suggested that in the future the IMF should lead countries into considering climate costs and make its support conditioned on it. Implementing those intentions has proved complicated, though. “The fund,” Plant says, is still “struggling to fund the right levers.”

One problem, according to Aldo Caliari, who heads policy and strategy at Jubilee USA, an interfaith group active in development finance, is that the organization is still trying to build the staff and expertise it needs to grasp the fiscal impact of the climate threat. Sometimes, its efforts have appeared borderline disingenuous. A few years back, for example, the IMF began advising countries to build a climate reserve fund made up of roughly 1% of their GDP to help pay for disaster recovery. But that, say analysts of IMF policy like the U.N.’s Munevar, basically is asking struggling countries to not use money that they could spend to prevent a disaster — so that they can use it to mop up afterward instead.

The IMF, through the official statements it offered for this article, says that climate change is “now in the DNA” of the institution and that it is acting aggressively on the issue. “The IMF is a learning institution,” a fund spokesman said. “We recognized the need for change in recent years and are moving fast on that journey.”

The fund points to the paper Srinivasan and Werner wrote in 2019, which called for new mechanisms, like the hurricane clauses Grenada and Barbados enacted, to create fiscal breathing room for countries to pay for climate impacts. It presented a vision for the future in which climate issues rise to such prominence within the organization that climate planning becomes a central criterion for IMF approval.

By 2022, the fund had made some headway. Among other efforts, it and the World Bank have both begun to help countries either self-insure against disaster or secure discounted institutional financing before a catastrophe happens. The two organizations are running a pilot program in six vulnerable countries to assess their climate-change policies. For low-income countries, the IMF now requires the economic shock of a disaster — though not the gradual and corrosive trends of climate change — to be considered in its analysis of debt. Most recently, in April, the IMF announced the creation of a new, $45 billion resilience trust, some of which is likely to head to Barbados. Mottley, for her part, says she has found the IMF increasingly attuned to her country’s needs.

Still, when in late 2020 Eurodad looked for evidence that the climate-change policies were rising to prominence within the IMF, it found little. Researchers examined 80 IMF programs around the world and found that climate was central to the fund’s assessment in only one country — Samoa. Critics and insiders both observe that a sense of urgency is still missing. “Eventually” the IMF will have to figure out how to better incorporate climate vulnerability, Werner told me. “I mean, we’re still advancing on that.”

One evening in January, I visited Persaud at his home atop a neighborhood called Beacon Hill. Winding up his short, steep drive, I parked in front of a set of broad concrete steps with views over Bridgetown. Persaud came to the porch dressed casually, in a light blue button-down and slacks. We headed toward his backyard, where two friends, Barbadians visiting from the United States, sat among trees on a short-cropped lawn.

Much had happened in the previous few months. In November, Mottley announced that Barbados would cast off Queen Elizabeth as the country’s titular head of state and declare itself the world’s newest republic, then called for a snap election, which she won handily. The mood was light; the next day, a new government would swear allegiance to its own country for the first time. Persaud poured a glass of California cabernet while his guests told stories about Mottley from high school.

Then Persaud got serious, returning to Barbados’ precarious future. “We cannot do this just through debt, even if there were no limits,” he said. Nor could any country in the Caribbean — or, for that matter, any vulnerable country in the world — survive the climate crisis by borrowing more money. No amount of economic growth would ever be enough, either. The deeper he and Mottley got into their economic reeducation, he said, the clearer it became that a just future for people in small, front-line countries would require a radical shift in how the IMF and the World Bank applied their resources.

For years, Persaud has been at Mottley’s side, answering midnight text messages, tuning her fiscal options, looking five chess moves ahead, innovating ways to fix the region’s fiscal crisis even as her star rose through international speeches and she worked to raise the issue of sovereign debt from an obscure cause to a global climate concern. When Mottley talks about economics, it’s partly her thinking — she is indisputably the boss and has a striking fluency in policy minutiae — but almost always partly his, too. He writes many of those speeches. If Mottley is the decisive leader, Persaud is the fount of possible solutions, churning out or delving into economic innovations he thinks might save the world.

There are the hurricane clauses, catastrophe bonds, “blue bonds” — which designate money just for ocean conservation — and a trendy new category called debt-for-climate swaps. The list goes on, Persaud said. The problem isn’t lack of ideas. It’s how to scale them so they can have measurable effects.

The South Coast Boardwalk in Hastings, second image, is part of Mottley’s Roofs to Reefs initiative. (Erika Larsen/Redux, for The New York Times)

Lately, he had been focused on a new plan that would draw on two pools of money. The IMF directly controls nearly $1 trillion worth of member reserves, which it can distribute to members using what it calls “special drawing rights” and mostly holds for some larger emergency. Surely the climate crisis counted as an emergency. The IMF could use its internal drawing rights and expand the availability of 0% loans to help fund the kinds of adaptation efforts that the United Nations estimates will soon cost as much as $500 billion annually. Doing so would require changing a lot of rules, particularly about who qualifies for that funding and how it is earmarked. The IMF’s new Resiliency and Sustainability Trust — a catchall for everything from climate mitigation to pandemic costs — is a start, but only just that. “It’s about 10 times too small,” Persaud said.

Persaud’s plan has an even more costly and ambitious element: addressing mitigation, which Morgan Stanley estimates will cost $50 trillion globally over the next 27 years. IMF members hold $13 trillion in national reserves. Persaud proposes using 1% of that larger pool to seed an enormous new climate trust that would attract outside investment for emissions-slashing projects. The trust could make seed loans at a nominal interest rate and target those loans to specific development projects, keeping the debt off governments’ balance sheets — and excluded from debt-ratio calculations. Persaud thinks that funding could attract perhaps another $2.5 trillion in annual investments from banks and equity funds. That, finally, would be big money.

As expensive as these plans may sound, they are likely to save money and ultimately pay for themselves. According to Colin Young, executive director of the regional Caribbean Community Climate Change Center, for every dollar spent on climate resilience, six dollars are saved in recovery efforts. Not doing anything, researchers at Tufts University found, will allow costs to mount so much that they will subsume today’s Caribbean economies even without the shock of devastating storms. By 2050, the researchers wrote, the costs of inaction will amount to 10% of the region’s total economic activity — a fiscal death sentence.

It is possible that none of the approaches that Persaud argues for will ever be enough. But the IMF is increasingly aware that the scale of the problem requires solutions that are antithetical to the old way of thinking. One person close to the IMF’s highest levels of policymaking told me that some of the countries facing the most intense climate peril will never be able to pay back what they owe. “They’re going to require complete debt forgiveness, and some bit of austerity around the edges is not going to change that,” he said. “The order of magnitude of the problem is just too big.”

Persaud, like virtually everyone I spoke to, is hesitant to talk about erasing sovereign debt. After all that Barbados has been through, he would still prefer to work within the global finance system. “I know we don’t want to create the moral hazard of giving away money for free,” he says. Besides, global institutions can forgive only their own loans. Because most of the debt is now held by commercial investors, it stands to reason that to receive relief from them, the development banks or other large economies would have to be willing to pay those investors back.

There is an argument to be made, though, that the loss of the money owed is a minimal price in the context of the profit that has been made, and that there is justice to this form of mercy. BlackRock, for example, is now among the largest holders of Barbados’ publicly traded debt, having purchased large blocks of it once Sequeda and the creditors settled. Consider what BlackRock, which is also the largest global financier of the oil-and-gas industry, has earned directly from the processes that have caused climate warming.

In a capitalist society, it is fair to ask why anyone should get anything free. But Barbados and the countries of the Caribbean are paying a tangible price now in lives and in dollars because of the emissions of wealthier nations. Perhaps the suggestion that lenders forgive debt isn’t about kindness but about obligation — about seeing it as a kind of back tax that they owe to society and to front-line societies, in particular.

Until the recent completion of an infrastructure project, Kenneth Blades was able to keep only part of his farmland watered. (Erika Larsen/Redux, for The New York Times)

Throughout the winter, the pressure mounted on Mottley. The IMF’s three-year program was drawing to a close, and the fund was still insisting that Barbados would have to swing back toward 6% budget surpluses by 2024 — or else it would lose access to promised funding, as well as the credibility that would allow it to borrow from markets in the future. The IMF announced this while Barbados’ economy continued to struggle and while COVID still raged, and so Mottley, perhaps approaching the end of her patience, raged too.

I reached Mottley one afternoon at her house on the beach, a home where she had spent time since she was a little girl. She arrived for our video call late, delayed by a stop she made across the island at a water-pumping station, where she had gone to assure locals that the government would fix its 70-year-old cast-iron foundation. It was the sort of thing, the most basic thing, that her government was managing to address in these difficult budgetary times — but only barely.

She sat on an outdoor sofa, her laptop on her knees, the camera close to her face in the way we have all grown accustomed to in the era of Zoom. It was the second of our three interviews over the course of the past year, and she began by telling me about the beach in front of her house. It used to teem with spiny sea urchins. “As a child, I stepped on more cobblers than I would like to recall,” she said. “Now you can walk, you don’t see anything.” The beach itself was eroding, her house edging into the rising sea.

In four years, Mottley had become a leader not just for Barbados but effectively for dozens of Caribbean countries, many with populations smaller than a midsize American city, all of which had to face these global institutional juggernauts by themselves. In 2018, she excoriated the United Nations General Assembly — “For us, it is about saving lives. For others, it is about saving profits” — in a speech about the forgotten countries on the climate front lines. She spoke, in 2021, at the opening of the 26th annual U.N. Climate Change Conference in Glasgow, in which she pointedly accused the developed world of hypocrisy, asking, “When will our leaders lead?” Since 2008, she pointed out, the G20 nations had spent $25 trillion printing new money to juice their own stalling economies, money they could have used to prevent the worst of the climate crisis instead. That failure “will allow the path of greed and selfishness to sow the seeds of our common destruction,” she said. She left the conference holding hands with President Joe Biden.

All that access to leaders like Lagarde, Georgieva and Biden gave Barbados an advantage over other Caribbean countries — an advantage Mottley was happy to leverage but which meant that even Barbados’ modest successes might be unrealistic for its regional peers. “We are unequally yoked,” she said. If there was any consolation, it was that the IMF itself finally appeared to be attaching action on climate to its reputation. Thanks to Mottley’s efforts, Barbados had become a showcase for the IMF, a way to prove it could be agile on climate issues, too.

Barbados, though, was still being measured against the antiquated convention of its ratio of debt to GDP, which happened to be growing as the pandemic and war unsettled markets. How could the IMF still want the budget to swing back into surplus? Mottley found it infuriating. “I can’t do these things if I have to spend money on augmenting water supply because of the climate crisis,” she said.

Suddenly it seemed as if all of it had become a treadmill exercise. The efforts to win a disaster clause — a clause that the Inter-American Development Bank has now made standard for its loans in the Caribbean. The deep thinking and brainstorming of bigger solutions. The climate swaps to exchange debt-service fees for ecological upgrades. And so on. Maybe her goal hadn’t been big enough. Maybe it wasn’t about finding more money in the current system but about changing the system altogether. “I’m saying the same things over and over, over and over,” Mottley told me. “You begin to feel as though you’re going crazy.”

In March, Mottley was scheduled to give a speech at the World Trade Organization. She has two rules for capitalizing on her high-profile public appearances: Always make a big ask, and never leave the podium without offering a solution. Persaud set to writing the speech, but this time felt different. Neither he nor Mottley was confident that trade helped solve the big problems of the world. It seemed to make them worse.

For Mottley, the fact that Britain was swimming in vaccine doses for months while Barbados had to beg China for a few thousand vials was a prime example. The politics of the pandemic had erased Mottley’s inhibitions about dealing more straightforwardly with the climate crisis, too. The World Trade Organization couldn’t protect against pandemics. It couldn’t preserve peace in Europe. It couldn’t fix climate change. Mottley would now disavow the current global financial system in its entirety, because it was still, at its heart, a colonial system, a system of oppression.

Lately, she told me, she had been thinking a lot about the idea of reparations, and about how Barbadians have struggled, and how far they had come. The horrific paradox, of course, was that after the British banned slavery, they did pay reparations — just not to the victims of the crime. At every step, Mottley reflected, freedom had come incrementally for Barbadians. Or rather, the oppression had found new, seemingly more benign forms. First, it was the decadeslong work-for-land scheme. Later, it was their beaches and banks — almost all of which are foreign-owned. And after that, it was their cash, in the form of interest. What more was there to give?

Elsewhere, the world has confronted its past abuses. Mottley recalled a trip to Europe 20 years ago, during which she observed a ceremony for Germany’s reparations paid to survivors of the Holocaust. While she was there, South Asians were rioting in Britain over their former colonial oppression. She was struck that no such thought was given to the Caribbean. The Caribbean was unseen then, and it remains unseen now. To fight the climate crisis, to fight the pandemic or meet development goals, Mottley said, countries are still fighting for a platform. “You will realize that in almost every instance, we’re fighting our old struggles on the same basis,” she said. “What is its underlying cause? The inequity in the world in which we live, and the inequity is preserved fundamentally because we’ve not changed the power structure.”

There were no misgivings or hesitations about what she was preparing to deliver to the WTO. She and Persaud had decided to be blunt. The rest was a delicate balance. “She does not want to be put into a box,” Persaud said. “She does not want to be put in a female box, I don’t want her in a SIDS box, and we don’t want to be anti-West, because that’s not who we are.” Mottley read the speech the day before and read it again, absorbing it.

My friends,” she began, with a nod across the floor to Director General Ngozi Okonjo-​Iweala, “the global order is not working.” It does not deliver on peace or on prosperity or on stability, she said. The words of global partnerships were hollow, the partnerships themselves glib, corrupted by greed and selfishness — and they remained fundamentally imbalanced. Debt is written off in Ukraine, as it was for Germany after World War II. Other countries, though, the ones subjugated throughout history, have seen their humanitarian crises ignored. The world, she said, “is segregated regrettably between those who came first and in whose image the global order is now set” and a global order that is itself “simply the embalming of the old colonial order that existed at the time of the establishment of these institutions.”

Gone was the patient case-building, the appeals to logic and empathy, that characterized so many of her recent speeches. Her hair, always in a neat Afro, was grayer and frazzled; her fatigue seeped through her expression. “We have therefore to ask ourselves whether we can live in this global order.”

It was time to reset. The war in Ukraine was forcing that reset anyway. She could work with the global economic system to raise capital. She could probably find a strategy to bolster her island’s standing in the face of cataclysmic climate change, at least for a while. But combining both? It had proved impossible. It was time to use the IMF’s drawing rights, the hurricane clauses, all of it. And then Mottley laid out Persaud’s plan to establish a new climate trust based on the IMF’s reserves, her big ask.

But to make these changes, she warned, the world had to get to a new place in spirit. It had to fill some gaping moral cavity. “That we are more concerned with generating profits than saving people,” she said, “is perhaps the greatest condemnation that can be made of our generation.”

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Doris Burke contributed research.

by Abrahm Lustgarten

How Polio Crept Back Into the U.S.

2 years 8 months ago

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Update, July 26, 2022: This story has been updated to reflect preliminary results of wastewater tests.

About a month ago, British health authorities announced they’d found evidence suggesting local spread of polio in London.

It was a jolt, to be sure. The country was declared polio-free in 2003.

But at least no one had turned up sick. The proof came from routine tests of sewage samples, which can alert health officials that a virus is circulating and allow them to intervene quickly. Based on genetic analysis of those samples, officials in the United Kingdom moved to protect the city’s children by reaching out to families with kids under 5 who hadn’t been fully vaccinated.

Polio’s first appearance in almost a decade in the U.S., confirmed late last week by health officials in New York, would play out quite differently.

In the U.S., public health agencies generally don’t test sewage for polio. Instead, they wait for people to show up sick in doctor’s offices or hospitals — a reactive strategy that can give this stealthy virus more time to circulate silently through the community before it is detected.

In New York, the first sign of trouble surfaced when a young man in Rockland County sought medical treatment for weakness and paralysis in June. By the time tests confirmed he had polio, nearly a month had passed.

Because the majority of polio infections cause no symptoms, by the time there’s a case of paralysis, 100 to 1,000 infections may have occurred, said Dr. Yvonne Maldonado, a professor of pediatrics at the Stanford School of Medicine who chairs the American Academy of Pediatrics’ committee on infectious diseases.

“You’re already chasing your tail if you’re going to wait for a case to show up,” she said.

Only after the case was identified did New York health officials start the sort of surveillance the British did, testing wastewater samples from Rockland County and beyond to help determine if the virus is spreading and where. Like many parts of the U.S., New York already was collecting sewage and analyzing it to track the spread of COVID-19. Health officials say they’re now testing stored samples for signs of polio. They say they’ve detected polio in a few Rockland County samples but need to analyze more to understand what the initial results represent.

For decades, the cost of doing wastewater surveillance for diseases like polio pretty clearly outweighed the benefit.

High U.S. vaccination rates, topping 90%, made the risk of such diseases incredibly low, though there have long been pockets of population in which rates are far lower. Rockland County, a suburban area northwest of New York City, is one such place. It suffered an extended outbreak of measles, another vaccine-preventable disease, in 2018 and 2019 that was largely concentrated in its Orthodox Jewish community, where many opt out of vaccines. Several news organizations have reported that the polio patient is a member of that community.

Nationally and globally, there are signs that the pandemic has opened up new vulnerabilities to diseases long in retreat. Routine immunizations have been hindered by a host of obstacles, including COVID-19-related lockdowns and growing vaccine resistance stoked by misinformation and politicization. A recent analysis by UNICEF and the World Health Organization showed that the percentage of children worldwide who received all three doses of the vaccine against diphtheria, tetanus and pertussis — a measure of overall immunization — dropped 5 points between 2019 and 2021 and that measles and polio vaccinations fell, too. The organizations say that’s the largest sustained decline in childhood vaccinations in the roughly 30 years they’ve been collecting data.

That could create greater risk of polio, a scourge of the first half of the 20th century in the U.S. Highly contagious and potentially life-threatening, polio historically has victimized mostly young children, attacking their spinal cords, brain stems or both.

The virus spreads when fecal material or respiratory droplets from infected people get into water or food or onto other people’s hands, which they then put into their mouths. This may sound unusual, but it’s among the more common ways viruses circulate, especially among children.

Around 70% of those who are infected show no signs of the illness but can infect others. Of those who do get sick, most have mild symptoms, such as fever, sore throat, muscle weakness and nausea. But about 5 in 1,000 infected people develop irreversible paralysis.

At its peak in 1952, polio killed more than 3,000 Americans and paralyzed more than 20,000. Images of children encased in coffin-like iron lungs terrified parents. Those fears faded swiftly after the first polio vaccine was approved in 1955. Within two years, cases dropped by as much as 90%.

Since 1988, when the Global Polio Eradication Initiative began pouring billions into immunization campaigns and surveillance around the world, polio has been eradicated in much of the rest of the world. Wild polio, the kind that occurs naturally, remains endemic in just two countries, Pakistan and Afghanistan.

But there’s another kind of polio that’s circulating, one linked to the type of vaccine that’s used in much of the world, particularly lower-income countries. This oral vaccine, which hasn’t been used in the U.S. since 2000, is easy to administer — just a few drops on the tongue — and cheap to make. It uses weakened live viruses to trigger the immune system to create protective antibodies.

That brings a bonus. When the vaccinated shed the weakened live viruses in their stool, they can spread to the unvaccinated, triggering protective antibodies in them as well.

But it also brings a risk. In rare instances, when the weakened viruses circulate in people who have not had the vaccine or are under-immunized, they revert to a form that can sicken unvaccinated people, causing the disease they were meant to prevent. The injectable polio vaccine used in the U.S. contains only inactivated viruses and cannot cause this.

Cases of vaccine-derived polio have surged in recent years after global health authorities in 2016 decided to remove one strain of polio from the oral vaccine after determining that the wild version had been eradicated globally. That left a growing number of children with no immunity to the vaccine-derived version of that strain, Type 2. (The injectable form of vaccine used in the U.S. conveys protection against all strains of polio.)

Type 2 vaccine-derived poliovirus is the kind that was found in the British sewage samples. It was also the kind that infected the unvaccinated Rockland County man, indicating a transmission chain from someone who received the oral polio vaccine, health officials in New York said.

Officials are still investigating where the man caught the virus, here or abroad. The Washington Post has reported that the man traveled to Poland and Hungary this year, but a spokesperson for the Rockland County Health Department said in an email, “The person did not travel outside the country during what would have been the incubation window.”

Ultimately, New York health officials will use wastewater monitoring to tell them quickly whether they have a bigger problem, essentially allowing them to test thousands of people at once for polio infection rather than individually, David Larsen, an epidemiologist and Syracuse University professor who directs the state’s wastewater surveillance network, said in an email.

Wastewater testing for polio has been a staple in developing nations for decades, but at least a few countries where cases are rare and vaccination rates are high do it, too.

The U.K. began monitoring wastewater in 2016 for polio and several other viruses that occur in the gastrointestinal tract, a spokesperson for the British health security agency said via email. (It has since added the virus that causes COVID-19 to the list.)

Israel has monitored sewage for polio since 1989. In 2013, health officials were able to detect an outbreak of wild polio just from sampling and launch a vaccine campaign in response without ever experiencing a case of paralysis. This year, though, a young child in the Jerusalem area came down with paralytic polio. Public health authorities there found additional infections through sewage tests.

Some U.S. public health officials have been skeptical of the value of such testing here.

“I’ve always been unenthusiastic about doing it for polio in the U.S. and a big supporter of doing it elsewhere, where there are deficiencies in other surveillance systems,” said Mark Pallansch, who retired in 2021 after spending much of his career working on polio eradication efforts for the Centers for Disease Control and Prevention.

COVID-19 has triggered a blast of interest in wastewater surveillance, prompting cities, states and colleges to launch programs and opening a floodgate of funding for them.

The CDC sent federal money to health departments in over 40 jurisdictions to support such tracking efforts, working with them to collect data that’s published on the agency’s National Wastewater Surveillance System website. A spokesperson said in an email that the agency was working to expand the platform to include data on other pathogens, from foodborne infections like salmonella to influenza, but not polio. Testing nationally for polio would be labor and resource intensive, requiring increases in public health laboratory capacity, the spokesperson said.

One asset of wastewater monitoring is the ability to pivot quickly to test something new.

In November 2020, the Sewer Coronavirus Alert Network, based out of Stanford and Emory universities, started daily monitoring at California wastewater plants for the virus that causes COVID-19. It’s since added monitoring for other pathogens, including COVID-19 variants, the common respiratory virus RSV and, most recently, monkeypox. Such additions are relatively economical since the network can test for multiple pathogens from a single sample, said Marlene Wolfe, one of the two principal investigators and an assistant professor at the Rollins School of Public Health at Emory.

In adding more tests, Wolfe said, the question is always whether monitoring a disease this way is likely to surface anything of enough concern to drive public health decisions.

Many question whether the expansion of wastewater testing fueled by the pandemic will last. Maldonado, the American Academy of Pediatrics’ infectious diseases committee chair, said the recent polio case is another signal that more disease tracking is critical.

“Maybe this is a clarion call for us to really start building better surveillance networks,” she said.

by Robin Fields

The Leader of New York’s “City of the Dead” Cashes In. Again.

2 years 8 months ago

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The stretch where Pinelawn Road turns into Wellwood Avenue on New York’s Long Island is known to locals as Cemetery Row. For 3 1/2 miles, the four-lane road is lined with sweeping, manicured lawns with separate entrances to eight cemeteries set back from the street. Comprising 2,300 acres, almost three times as much land as New York City’s Central Park, it’s the largest contiguous area devoted to burials in the United States.

The business district in Cemetery Row has a power plant, a commuter rail station and a suburban-style commercial strip surrounded by burial grounds. Large signs advertise marble slabs, and you can see smoke wafting up from a crematory. Commercial and religious establishments with names such as St. Charles Monuments, Eternal Memorials and Star of David Memorial Chapel alternate with Kerensky Florist, Michelle’s Florist and Chicky’s Florist, not to mention two gas stations and the Barnwell House of Tires.

The oldest of the cemeteries here, in Farmingdale about 20 miles east of New York City’s eastern border, is Pinelawn Memorial Park. At 839 acres, it’s the second largest nonmilitary cemetery in the country. During the dark early days of the pandemic, when local cemeteries struggled to keep up with the region’s wave of COVID-19 casualties, Pinelawn emerged as a standout; it was able to keep its operations going to meet the needs of grieving families. Pinelawn buried 5,381 people in 2020, up 30% from the year before, according to its filings.

In New York, unlike most other states, cemeteries are not-for-profit organizations. For 175 years, the state has prohibited for-profit cemeteries, largely to ensure that as much money as possible goes to the upkeep of graves and to prevent profiteering from death. Like other cemeteries in New York, Pinelawn is owned by the thousands of people who have bought burial plots there, overseen by a board meant to represent the plot holders’ interests. As a nonprofit, Pinelawn pays no taxes on its land or on the millions of dollars that surged into its coffers during the pandemic.

But Pinelawn doesn’t resemble other New York cemeteries in a key respect: The Lockes, the family that has run Pinelawn since it opened in 1902 and that has passed down the leadership among four generations, have consistently cashed in on its nonprofit operations. During its heroic pandemic efforts in 2020, the cemetery’s revenues rose by a third, and as demand soared, Pinelawn raised the prices of its burial plots as much as 47%, with the price of a plot in one coveted location rising from $7,495 in 2020 to $10,995 a year later. And that doesn’t count the cost of the bronze grave markers, mandatory at Pinelawn (which bars traditional gravestones in favor of markers that are flush to the ground). In all, the grave markers and a long list of additional fees can add another $7,000 to $10,000 on top of the cost of the plot.

Pinelawn president Justin Locke was paid $500,000 in 2020. His wife, Alexandra, who was promoted from office manager to executive vice-president of the organization in 2016, was paid $300,000. Locke’s parents, aunts and uncles split another $2.2 million in dividend-like payments from the sale of cemetery plots.

The combined $3 million made by the Locke family from Pinelawn in 2020 doesn’t capture its total take, nor does it capture the family’s history of using Pinelawn to make money. Justin Locke’s father, Stephen, who ran Pinelawn until 2013, used about a quarter of the cemetery’s land to open a for-profit golf course that he co-owns to this day.

Meanwhile, Pinelawn, which has touted its beauty and tranquility for more than a century — it spends $1 million a year on advertising, according to publicly filed financial reports, more than any cemetery in the state — has embarked on a plan to lease another 100 of its acres to a developer who plans to build warehouses and office buildings.

Pinelawn and the Lockes declined multiple requests to be interviewed for this article. Presented with extensive questions in writing, Katherine Heaviside, a press representative for the family and the cemetery, responded to only one of the scores of points raised. And as this article was nearing publication, the cemetery mailed ProPublica a check for $1,000, which Pinelawn said was intended as a donation. ProPublica returned the check, citing the impending article. Heaviside said the donation was made “in response to a solicitation from Jill Shepherd at ProPublica,” adding, “ProPublica’s ethics are very questionable here.” (Shepherd, ProPublica’s director of online fundraising and outreach, sends out bulk email solicitations that are distributed to hundreds of thousands of people who have agreed to receive emails after signing up for ProPublica’s newsletters or donating. She has never been in individual contact with Pinelawn.)

The Lockes’ ways of cashing in on a nonprofit have caused periodic consternation in New York government circles for the better part of a century. Those practices helped lead to the creation of a state regulatory agency to oversee cemeteries and a legal ban on the sorts of dividends that the Lockes receive. But for nearly 75 years now, that ban has exempted Pinelawn. The cemetery business may have changed a lot during that time, but, it appears, the Locke family’s practices have not.

As other nearby cemeteries struggled to keep up during the early pandemic, Pinelawn was able to maintain its operations. It buried 5,381 people in 2020. (Chris Gregory-Rivera, special to ProPublica)

In the early months of the pandemic in the New York City area, the systems that processed deaths were as overwhelmed as those that worked to save lives. Bodies piled up at hospital morgues. Funeral directors couldn’t quickly answer the calls of grieving families, much less retrieve bodies. Crematories burned around the clock.

Cemeteries, too, struggled to manage during the start of the pandemic. Long Island facilities were booked solid, and wait times for burials increased to weeks. Cemeteries had to begin imposing restrictions. Calverton National Cemetery, the largest military burial site in the country, located about 40 miles from Pinelawn, limited casket burials to 15 per day and stopped accepting cremated remains for burial. Military honors were also suspended. Other operations, such as St. Charles Cemetery, located across the street from Pinelawn, reduced hours and staff. “All funerals Monday through Saturday must arrive by 12 p.m. — There will be no overtime or exceptions,” regulations read.

Many cemeteries, each typically serving hundreds of different funeral homes, limited themselves to 10 burials per day, at a moment when a single funeral home might receive 10 or more bodies a day, according to local funeral directors. “The demand was way higher than the burial limits cemeteries were imposing,” said Michael Hoddinott, a funeral director at Brueggemann Funeral Home in Long Island’s East Northport.

But Pinelawn was able to smoothly accommodate the surging death toll and continued to operate without delays, according to funeral directors and a statement made by the head of the state Division of Cemeteries at a meeting of state regulators. “If I had to choose a cemetery to deal with during the pandemic,” said Hoddinott, who handled 37 burials at Pinelawn in 2020, “it would be Pinelawn.” Nancy White, a funeral director at nearby Arthur F. White Funeral Home, concurred. “Pinelawn was terrific compared to the other cemeteries next to it,” she said.

Burials at Pinelawn continued, albeit with COVID-19 protocols such as limits on the number of attendees, social distancing rules and required face coverings. Rather than restricting the number of funeral directors within the administration office, Pinelawn set up a courtyard table to allow funeral directors to check in safely during the worst periods. Paperwork was handled swiftly, and funerals adhered to a strict schedule to fit as many burials into the day as possible.

Heavy demand, combined with Pinelawn’s ability to maintain seamless operations at a time of maximum duress, allowed it to implement price hikes in 2021. Pinelawn broadly raised the prices for its land graves (which can exceed $30,000), according to price lists filed in November 2021 with the Division of Cemeteries and obtained in a records request.

Pinelawn charges an additional $1,878 to bury a body (plus another $600 if you want to hold the burial on a Saturday). You’ll need to pay $728 to $900 more if you want the grave to have a concrete liner. Bronze plaques, as noted, are mandatory and run $2,345 to $4,698; if you want text inscribed on the plaque or a notation that your loved one was a military veteran, that could cost another $1,000 or so. If you request four folding chairs at the burial, you will be billed $68, and if you want a canopy, that’s another $170. And none of this, it should be noted, includes charges from the funeral home, such as the cost of a casket or embalming.

Pinelawn, seen from the adjacent Long Island National Cemetery, prohibits traditional gravestones. Instead, it mandates bronze grave markers, flush to the ground, in part to preserve open vistas. (Chris Gregory-Rivera, special to ProPublica)

All those new graves and higher prices at Pinelawn translated into cash for the Locke family, the descendents of the cemetery’s founder. The explanation lies in an obscure but lucrative financial instrument called a “land share,” which in Pinelawn’s case dates back to 1904 and pays dividends twice a year. Those payouts more than doubled during the early months of the pandemic, from $13.65 per share in August 2019 to $28 in August 2020, before subsiding to $20.70 in August 2021.

The Locke family owns 51,964 of the 127,850 land shares that were issued by Pinelawn during the presidential administration of Theodore Roosevelt, and which still circulate today. The shares are unusual in another regard: Some of the rest are traded on an over-the-counter financial market — their price has more than doubled over the past five years — and a small coterie of investors have bought shares, coveting their reliable revenue stream. No other cemetery land shares are listed on the OTC Markets Group.

Calling them “land shares” is a bit of a misnomer, since they don’t actually entail owning land. Instead, they’re an investment, originally used to fund the creation of the cemetery, that entitles the holder to dividends derived from the sales of cemetery plots. Half of the proceeds from each sale of a plot go to pay the dividends, with the other half used to take care of the property.

The shares remain valid until the last plot is sold and the empty land at Pinelawn has been used up. That day is far off. Of Pinelawn’s 839 acres, more than 600 remain unsold and undeveloped today. In 2018, Pinelawn president Justin Locke said that at the current pace the cemetery wouldn’t run out of land for at least 206 years.

Using land shares to help raise money for cemeteries was not unusual in the late 19th century, according to the 1991 book “The Last Great Necessity: Cemeteries in American History,” by David Charles Sloane. The book describes such shares as a method of “hiding the profitable nature of the investment” at a time when Americans were uncomfortable with the notion of making money on death. (Today, most states allow for-profit cemeteries, and a handful of national corporations have bought up more and more cemeteries.)

Pinelawn’s land shares have paid out a total of $100 million in dividends since they were first issued more than a century ago, according to ProPublica’s calculations. In 2020, relatives of Pinelawn president Justin Locke received $2.2 million in dividends. (Document obtained from Suffolk Supreme Court)

New York state banned for-profit cemeteries in 1847 — not only to prevent profiteering but to ensure solid financial management. Back then it was common for entrepreneurs to open cemeteries without adequate financial backing. The operations often went bankrupt, leaving untended graves and, sometimes, unburied or partially buried corpses in various states of decomposition.

Pinelawn’s land shares originally sold for as little as $1 a share, but they have delivered huge profits for those lucky enough to have them: more than $100 million since the first distribution in 1904, according to calculations by ProPublica.

The shares come with another boon: By all appearances, holders of land shares don’t have to pay taxes on their dividends. Holders of the shares told ProPublica that Pinelawn does not issue 1099 forms for the shares, which, among other things, would notify the IRS of any income. In addition, a 2008 letter written by Pinelawn’s tax lawyers described the shares as “exempt.” An IRS spokesperson declined to comment, and multiple tax experts contacted by ProPublica said they’d never heard of land shares and couldn’t say whether their dividends should be taxed. Representatives for the Locke family did not respond to ProPublica’s written question asking whether they pay taxes on their land share dividends.

A commercial strip in Cemetery Row near Pinelawn (Chris Gregory-Rivera, special to ProPublica)

The area around Pinelawn looked very different in the late 19th century, when William H. Locke Jr. first began hatching plans for a cemetery. Lush forests of oak and pine thrived. Farms and country estates lined the rural roads.

Locke saw an opportunity: The population of New York City was exploding, and Manhattan in particular was running out of space to bury the dead. In the 1890s, Locke started accumulating large tracts of land. By 1899, he owned 2,300 acres.

At the time, New York state law provided that a private cemetery association could not own more than 200 acres. William Locke got around the limit by splitting his operation into eight separate associations. For reasons that have been lost to time, Locke appears to have persuaded a state court a few years later to order the reassembly of the eight groups into one operation owned by Locke.

Opening a huge cemetery cost money, and Pinelawn embarked on an “innovative sales program,” according to “The Last Great Necessity.” Pinelawn took out newspaper ads and deployed salespeople to sell plots in advance. They were “authorized to offer purchasers a payment plan of 25 cents down and 23 cents until the lot was purchased.”

Pinelawn was also whipping up a frenzy, by the standards of the era, for its land shares. Thousands of people would eventually buy the certificates. A prospectus claimed they would be as safe as government bonds and “produce an income more than ten times greater.” The shares, the prospectus noted, would be “exempt from all taxation.”

The document promised Pinelawn would be “the most elegant cemetery in the world.” It boasted that the Long Island Rail Road “runs through the center of its lands, and the Company is now erecting a private station and mortuary chapel of its own,” and that “a large receiving vault of the most sanitary nature, and under the most improved designs and artistic finish has just been completed.”

From its opening in 1904, Pinelawn was intended to appeal to residents of New York City, which was running out of burial space. Having a train that ran from the city directly to the cemetery was a selling point. (Courtesy of Brad Phillips)

Pinelawn employed the sort of sales hype — “the largest burial place in the world” — that you might associate more with, say, launching the Queen Mary than consecrating a place of mourning and remembrance. The cemetery’s opening in the fall of 1904 was a festive affair. The 47th Regiment Band played, and special trains unloaded dignitaries from New York and Brooklyn at the newly opened station. A bishop and a county judge gave congratulatory addresses.

Despite the gala and Pinelawn’s sales prowess, the cemetery fell into financial trouble almost instantly — and questions about its business practices surfaced. Tension grew among Pinelawn’s directors, who included a raft of bank presidents and R.F. Pettigrew, listed on the cemetery’s prospectus as a “former U.S. Senator and Capitalist.” In 1905, Pettigrew resigned from the board, claiming that Pinelawn was being grossly mismanaged and that its officials had destroyed documents. Pettigrew also claimed that founder William Locke and another executive had sold land shares for their own benefit, rather than to generate revenue for the cemetery.

Locke disputed the claims and fired back in kind. Pettigrew, he said, “claims deception was practiced upon him, but it is also apparent that he made no noise about it until he had disposed of most of his shares and pocketed the money.”

Pinelawn continued to struggle in its early years. It failed to pay dividends on its land shares and in 1915 was placed in receivership. (William Locke’s brother-in-law managed to get himself appointed receiver until a judge discovered his ties to the Lockes and booted him from the role.) At that point, Pinelawn’s only assets were land, a few horses and hearses and $68 in the bank. It had debts of $280,000. Pinelawn claimed it couldn’t pay a judgment in a case brought by land share holders who said they hadn’t gotten their dividends.

As a result, a judge ordered Pinelawn to sell portions of its land to pay the judgment. Over the next 15 years, Pinelawn sold more than 1,400 acres of its original property to other cemeteries. That helped Pinelawn stabilize its finances while reducing its size to its current 839 acres.

It was a precarious period for Pinelawn. William Locke died suddenly at his desk in the cemetery office in 1922 and was briefly succeeded by his wife, Lillian. She then gave way to her sister, Eleanor Hughes, who remained the ultimate power at Pinelawn until Alfred Locke ascended to the presidency of Pinelawn in 1949.

Pinelawn and other New York cemeteries continued to draw suspicion about their business practices. The state attorney general launched an investigation, and, in 1949, released a report that excoriated the industry for “profiteering from sorrow.” Attorney General Nathaniel Goldstein concluded that nonprofit cemetery corporations “have been cynically developed into devices for profiteering on the widest possible scale.” He found evidence that operators were draining millions of dollars from cemetery corporations; that cemetery managers stacked their boards with family and cronies to maintain control; that they paid excessive salaries to executives; and that they secretly sold plots at discounts to friends and family, who would then resell the plots at a big markup.

Pinelawn was cited as an example of the latter abuses. Goldstein pointed out that, under the heading “self-arranged bargains,” Alfred Locke allowed his aunt to buy 40,000 burial plots for 27.5 cents each, which she could then resell for $50 to $100 apiece.

After Goldstein’s report, the state — over vehement protests by the Lockes and others — established a new regulatory agency, the New York State Cemetery Board. All nonprofit cemetery corporations would henceforth be required to file their rates and financial reports with the state and to abide by the board’s rules. The Cemetery Board today regulates the 1,700 cemeteries in New York State, not including religious or municipal facilities and burial grounds operated for family or individual use, which are outside the board’s oversight.

The state legislature then banned the issuance of new land shares but made an exception for existing shares. Today, according to the state cemetery division, only two other cemeteries still have outstanding land shares. But those cemeteries — Cedar Grove and Mount Lebanon, both in Queens — are close to capacity and thus pay only modest dividends today.

The railroad station built specifically for Pinelawn (Chris Gregory-Rivera, special to ProPublica)

Alfred Locke managed to revive Pinelawn’s business in the decades that followed the 1949 attorney general’s report, using what “The Last Great Necessity” described as “inventive advertising, direct mail and door-to-door approaches.” He turned the operation into a financial success.

In 1971, a profile of the cemetery in The New York Times was headlined “Pinelawn Is a Prosperous City of the Dead.” As cemeteries in Queens, Brooklyn and the Bronx approached the “point of saturation,” reporter John Darnton wrote, “the city is reaching farther for room to bury its dead.” He described a steady stream of funeral corteges on the Long Island Expressway. The article quoted Alfred Locke defending Pinelawn’s aesthetic approach. “It’s really a conservationist thing,” he said. “People say, ‘what a waste of land.’ But what would you prefer to see, a factory? A 20 story office building?” Locke went on to say, “I think we’ve got to stop and say we’ve had enough: We can’t look at a place with a lot of industry and say, Isn’t that wonderful! Because industry breeds congestion and pollution.”

By the early 2000s, Alfred had long since been succeeded by his son Stephen, and once again Pinelawn came under scrutiny for its business practices. The questions this time stemmed from a golf course that had opened adjacent to the cemetery a few years earlier.

Like Alfred, Stephen Locke was entrepreneurial. He proposed leasing 225 acres of unused Pinelawn land to create the golf course. “I looked at this as an opportunity to do something that wasn’t merely a continuation of something my father had started,” Locke told The New York Times in 1995 about his then-planned golf course. He called it a “win-win situation.”

Locke would be a co-owner of the golf course, entitled to his share of any profits from that operation. That meant that Stephen Locke (chairman of nonprofit Pinelawn) would be transacting with Stephen Locke (president of the for-profit golf course).

Using cemetery land for another purpose required that Locke obtain approval from state regulators. “At the beginning, the Cemetery Board was sort of dead set against it,” according to Gus Ballard, an investigator with the state Department of Cemeteries from 1993 to 2019. But Locke assured the regulators that Pinelawn would benefit from the golf course — the lease would generate revenues for the cemetery — and that none of his actions would jeopardize the cemetery’s finances or tax-exempt status. He also enlisted support from prominent New York state politicians, including Sen. Daniel Patrick Moynihan and Long Island’s U.S. Rep. Thomas Downey. (Moynihan died in 2003; Downey did not reply to a request for comment.) Locke “turned everything around,” Ballard said. “So that eventually got approved.”

But Locke had withheld key information, according to Ballard, who said he discovered this a few years later, in 2002, when he was performing a routine audit of Pinelawn. Ballard began to uncover what he saw as irregularities. The most consequential, in his view, was the Lockes’ ownership of plots (which equate to votes for Pinelawn’s governing board) that it had not revealed to the Cemetery Board, giving the family what Ballard called “virtual absolute power over Pinelawn’s affairs.”

Ballard also discovered undisclosed details of the golf course arrangement. Locke had used some of the graves he owned as collateral for the loans that financed the golf course, an apparent violation of a state rule that prohibits putting cemetery funds at risk for an outside venture. Since Locke didn’t have the right to sell large numbers of graves on the open market, he created an option agreement that would allow him to sell his lots back to the cemetery if needed. Pinelawn’s board of directors, 11 of whose members were “hand-picked” by Locke, according to the state — three of them, plus Stephen Locke himself, owned a combined 56% of the golf course — approved the option agreement.

Ballard drafted a memo for the Division of Cemeteries that echoed the Goldstein report a half-century before it. “Pinelawn Cemetery has been operated, all along,” he wrote, “primarily for the private benefit of the management and Land Shareholders, with the interests of ordinary plot owners, (and the cemetery’s future), receiving subservient consideration, at best.”

Stephen Locke “was not happy” when authorities began investigating his moves, said Richard Fishman, then head of the state cemetery division. Pinelawn was owned by its plot holders, but Fishman said Locke’s attitude was “he owns the cemetery and it’s his business and he can do whatever the hell he wants, which is a great point of view if he were in any other state than New York.” Fishman’s division forwarded its findings to the state attorney general.

In 2004, then-New York Attorney General Eliot Spitzer filed suit against Locke, Pinelawn and several of its officers and directors, alleging that the Lockes had for decades violated the ban on private ownership of public cemeteries. The suit repeated the charges made by Ballard. And it included an assortment of other allegations, including that the Lockes had diverted proceeds from the sales of mausoleums to benefit the holders of land shares, whose dividends are supposed to flow from sales of plots only.

Spitzer also charged Pinelawn with failing to disclose to taxing authorities millions of dollars paid by the cemetery to land share holders and omitting required disclosures from annual reports filed with the state Cemetery Board. Pinelawn acknowledged not sending 1099s to shareholders, but argued in legal filings that the payments are not dividends but instead repayments of capital, which it contended meant that no taxes were owed. In its court papers at the time, Pinelawn denied “any and all liability with respect to the causes of action alleged in the Action."

The suit was settled in 2006 with no payment by Pinelawn or the Lockes and only one significant concession: Pinelawn agreed that Stephen Locke would sell 51% of the graves he owned. The Lockes would no longer own a majority of graves and, in principle, would no longer be able to dictate the composition of Pinelawn’s board. Ballard called the settlement a “halfhearted attempt to sort of make it so they weren’t solely in charge of the whole operation. I’m not sure we did a very good job with that.”

The board members were slowly replaced, but the new ones seemed to resemble the ones they succeeded: lawyers, politicians and lobbyists, often with ties to the Lockes. Three new directors joined the board in 2007, two of them state or regional power brokers: Arthur Kremer, an attorney who served 13 terms in the New York State Assembly and headed its Ways & Means Committee; Mark Cuthbertson, an attorney and longtime Huntington town councilmember; and Locke’s son, Justin. (Kremer and Cuthbertson did not respond to a request for comment.) The Lockes and Pinelawn “have a lot of political clout,” said Fishman, the former head of the Division of Cemeteries.

The composition of Pinelawn’s board changed — but its amenability to the Lockes didn’t. In 2007, just a year after the settlement with the state, Pinelawn’s board voted to approve another option agreement with Stephen Locke, almost identical to the one that Ballard viewed as illegal. The agreement allows Locke’s ownership of 2,500 graves to be used as collateral for $2.5 million in loans he took out for the golf course.

Today, the golf course, called Colonial Springs, continues to operate. According to Pinelawn’s 990 form, Colonial Springs paid some $400,000 in property taxes last year. It underwent a $4.5 million renovation in 2007 by renowned architect Robert Trent Jones Jr., winning accolades in Golf Digest. In addition to Stephen Locke, three of Pinelawn’s current directors (none of whom responded to requests for comment) are also board members and shareholders of the golf operation.

The for-profit Colonial Springs golf course, partially owned by Stephen Locke, operates on 225 acres leased from Pinelawn, which Stephen Locke formerly headed. (Chris Gregory-Rivera, special to ProPublica)

When Justin Locke first appeared before a meeting of the state Cemetery Board in March of 2018, it offered a rare moment to see Pinelawn’s president, who had acceded to the position five years earlier, in a public forum. In a trim dark suit, his pate glinting from the fluorescent lights in the cramped, low-ceilinged room, Locke cut a confident figure, a video of the meeting shows. He spoke in the urgent baritone of a 1950s-documentary narrator.

The grandson of Alfred Locke, the man who had talked about the importance of conservation and his horror of factories and office buildings, Justin Locke was appearing before the Cemetery Board to sound them out on a new idea: leasing 100 acres of Pinelawn’s property to develop into warehouses and office buildings.

Justin Locke made his case to the Cemetery Board, starting with the surprising claim that the area of the cemetery he wanted to develop was blighted. He described the 100-acre parcel as filled with “crime, trespassing, quality-of-life issues that are affecting the neighbors, complaints. It’s hurting our reputation.” (The “crime” he was describing seemed to consist largely of trespassers riding ATVs on the property.)

Noting Pinelawn’s extensive unused land, Locke touted the potential revenues the cemetery could earn by leasing the parcel. He called it a “cake-and-eat-it scenario where we can leave the property over there, maintain control over it, but generate a substantial income off of it in the meantime.”

He also made a remark that seemed to reflect his awareness of the legacy he inherited as the fourth generation of Lockes to head the cemetery. “I see this as a tremendously beneficial, impactful project for Pinelawn,” he said. “I don’t know if there’s anything I’ll do in my time there that will eclipse the benefit that could be had from this.”

For their part, a few board members showed their own memory of history, alluding to the allegations of self-dealing that were made about Locke’s father and his golf course. One board member said, “Obviously the law has changed since the golf course lease was signed, and what would be a nonstarter would be if your lessee ends up having any relationship to anyone on the cemetery side,” he said. “That ain’t happening.” (“Oh yeah,” a second board member chimed in.) Locke brushed the comment aside with a quip about hoping to have FedEx as a tenant.

Four years and one pandemic later, Pinelawn’s plans have slowly advanced. The cemetery’s representatives shared preliminary documents with the planning department for the town of Babylon, and met with department representatives in January 2022. The plans called for transforming those 100 acres into “the region’s foremost Class-A business Park.” The development, with a budget projected to exceed $175 million, would include nine warehouses and office buildings, totaling 1.6 million square feet, and would be known as the Suffolk Technology Center. Todd McLay, chief financial officer of the developer, the Bristol Group, would not comment on the details of the lease, citing its proprietary status. But he confirmed that the project is actively in the works.

Before the town can consider a formal application, the state Cemetery Board must approve the use of any cemetery lands. The Division of Cemeteries told ProPublica it has received an application from Pinelawn and is reviewing it. It declined to estimate a timeline for a hearing and decision.

Pinelawn has always been strict about the appearance of anything on its grounds. Not only are tombstones barred, but so is anything that might obstruct the open vistas. Only fresh-cut flowers are permitted — nothing artificial — and they are removed at specified times to avoid the potential eyesore of wilted petals. But soon, if the plans proceed, a construction will rise — a rendering shared by Pinelawn suggests it will be around 30 feet tall — dominating the view from one part of the cemetery. The Lockes, it seems, will continue running Pinelawn and profiting from it. Meanwhile, Justin Locke’s son is 9, so there’s a fifth generation in his patrilineal line who could ascend to the helm.

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Correction

July 29, 2022: This story originally misidentified the owner of the OTC Markets Group, the financial market where Pinelawn land shares are traded. It is an independent public company, not operated by Nasdaq.

by Carson Kessler

Richard Glossip Has Eaten Three Last Meals on Death Row. Years Later, the State Is Still Trying to Execute Him.

2 years 8 months ago

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In the parking lot outside the Oklahoma State Penitentiary, I stood on my toes in a throng of reporters, straining to hear death row inmate Richard Glossip’s words through the speaker of a phone his friend held aloft.

It was 3:45 p.m. on Sept. 30, 2015, and Glossip should have been dead by now from a cocktail of lethal drugs pumped into his body.

I joined reporters, Glossip’s family and supporters outside the prison in McAlester that day — a warm and breezy afternoon — as the condemned man was able to make a phone call from inside the maximum-security facility’s death row. Glossip seemed relieved to be alive but, understandably, wondered why. He’d exhausted his last appeal and eaten his last meal: fish and chips, a Wendy’s Baconator burger and a strawberry shake.

He learned his life was spared because of a technicality: One of the three drugs Oklahoma officials procured for the execution was the wrong one.

“That’s just crazy,” Glossip said over his friend’s phone.

It was the third time the state of Oklahoma had tried to execute Glossip and the latest lapse in a macabre history of failure in its death penalty machinery. As a journalist who covered Oklahoma’s prison system and death row for 25 years, I reported on many of those breakdowns.

Seven years later, the state remains intent on executing Glossip, scheduling its fourth attempt for Sept. 22 despite persistent claims that the 59-year-old is innocent and allegations that prosecutors ordered the destruction of vital evidence in the 1997 murder-for-hire case that resulted in his death sentence.

Glossip’s claims of innocence have drawn an unusually bipartisan array of supporters, including 28 Republican state lawmakers, most of whom support the death penalty. The legislators commissioned an exhaustive review that recently turned up new information about prosecutors’ alleged role in destroying evidence and financial records bringing into question Glossip’s motive in the case. The lawmakers have called on the governor to order an independent review of Glossip’s case and for a state appeals court to conduct a hearing to examine the new evidence.

Calls to halt his scheduled execution come at a time of national reckoning over the death penalty. The Supreme Court’s rulings on the issue — including a 6-3 decision in May barring condemned prisoners from seeking federal court review for ineffective counsel in some cases — are increasingly at odds with public sentiment in many states. Meanwhile, the pace of new death sentences and executions carried out nationally is on track to hit a record low for the eighth year in a row, even with the reopening of courts shuttered during the pandemic, according to the Death Penalty Information Center.

Oklahoma is among a small number of states that routinely carry out the death penalty that are bucking that trend, and it is on pace to outdo them all despite its gruesome history of failures.

The state recently set execution dates for Glossip and 24 other inmates, including several with mental illness, brain damage and claims of innocence. They’re scheduled to die at a fast clip — about one each month through December 2024 — a rate that would eclipse the number of executions by all states combined since 2020.

Many observers, including those who support the death penalty, doubt the state’s ability to carry out executions in a constitutional manner, even for those inmates whose guilt remains unchallenged. If the past is any judge, they’re probably right.

In more than two decades covering Oklahoma’s death row, here are a few of the events I wrote about, including some that I witnessed:

  • In 2014, I heard one inmate say just before he was executed: “Malcom Scott and De’Marchoe Carpenter are innocent.” The inmate had testified years earlier that the two men took part in a killing with him. They were later exonerated, but only after spending more than 20 years in prison.
  • When the state needed to switch to a new lethal drug in 2014, an attorney for Oklahoma’s prison system later said that he looked for a replacement by searching for information about lethal drugs on the internet.
  • A few months later, I was among the media witnesses who watched Clayton Lockett writhe, moan, talk and try to get up from the execution table for three minutes after the drugs were administered and he had been declared unconscious. The prison was using a new, unproven drug that some experts said wouldn’t anesthetize an inmate as the painful second and third drugs were administered. Prison officials closed the blinds and after about 20 minutes told us to leave the death chamber. Lockett died 43 minutes after the execution began.
  • My reporting partner, Cary Aspinwall, and I later reported that the warden called the execution a “bloody mess” and that the doctor had improperly inserted the IV into Lockett, complaining about getting blood on his jacket.
  • State officials used the wrong third drug to execute Charles Warner less than a year later in January 2015 but didn’t make that public. They were poised to use the wrong drug again in Glossip’s third scheduled execution before then-Gov. Mary Fallin halted it at the last minute.
  • A grand jury report blasted state officials’ actions as “inexcusable,” finding that Fallin’s top lawyer wanted to proceed using the incorrect drug anyway. The state’s own attorney general said some officials had been “careless, cavalier and in some circumstances dismissive of established procedures that were intended to guard against the very mistakes that occurred.”

After a six year hiatus, Oklahoma executed John Marion Grant in October. Multiple witnesses said Grant convulsed and vomited during the process. Now, the state is preparing to execute Glossip amid doubts about his guilt.

One of the GOP lawmakers calling on the state to review Glossip’s case, despite a long history of supporting the death penalty, said he’ll advocate to end capital punishment in Oklahoma if Glossip is executed.

“I’m 99% sure that he is not guilty sitting on death row,” state Rep. Kevin McDugle said in an interview with ProPublica. “My stance is not anti-death penalty at all. My stance will be (different) if they put Richard to death, because that means our process in Oklahoma is flawed.”

In a sharply worded dissent in a case challenging Oklahoma’s choice of execution drugs, then-Justice Stephen Breyer argued that the death penalty was no longer constitutional. Among his reasons, Breyer cited studies showing death penalty crimes have a disproportionately high exoneration rate.

In fact, courts have reversed verdicts or exonerated prisoners because of prosecutorial misconduct in 11 death sentences in the same county where Glossip was convicted, according to a study released last month by the Death Penalty Information Center. Another 11 from that county, home to the state Capitol, were put to death using testimony from a disgraced police chemist, the study found.

Though Glossip’s recent appeals have been unsuccessful, a state court judge and a federal judge have noted in appellate rulings the relatively thin nature of the evidence against him. “Unlike many cases in which the death penalty has been imposed, the evidence of petitioner’s guilt was not overwhelming,” the federal judge wrote.

In a letter last year to Gov. Kevin Stitt, McDugle joined more than 30 state lawmakers, nearly all Republicans, in asking him to appoint an independent body to review Glossip’s case and examine what they say is compelling evidence he is innocent.

“Many of those who have signed this letter support the death penalty but, as such, we have a moral obligation to make sure the State of Oklahoma never executes a person for a crime he did not commit,” the letter states. “Mr. Glossip’s case gives us pause, because it appears the police investigation was not conducted in a manner that gives us confidence that we know the truth.”

A portrait of Barry Van Treese from Glossip’s clemency packet.

Glossip was convicted of murder in the 1997 killing of Barry Van Treese, who owned the Oklahoma City budget motel where Glossip worked. Justin Sneed, a maintenance man with a violent record, beat Van Treese to death with a baseball bat and testified Glossip paid him to carry out the killing. Prosecutors alleged that Glossip feared he would be fired because Van Treese had discovered he was embezzling from the motel.

In exchange for his plea and testimony against Glossip, Sneed received life in prison.

After Stitt did not order a new investigation into Glossip’s case, the lawmakers commissioned a review by a law firm. The pro-bono report, released last month, is based on a review of 12,000 documents, 36 witness interviews, seven juror interviews and other evidence.

It concludes that Glossip’s 2004 conviction “cannot be relied on to support a murder-for-hire conviction. Nor can it provide a basis for the government to take the life of Richard E. Glossip.”

Glossip’s attorneys have filed a motion seeking a new hearing on the basis of actual innocence, including witnesses they say were never called in previous hearings. The motion also seeks a hearing to look into who ordered a box of key evidence destroyed, claims of ineffective assistance of counsel, due process violations and testing indicating that Glossip is intellectually disabled.

They are also seeking documents from the Oklahoma County District Attorney’s Office related to the destruction of evidence as well as a videotape from a gas station near the crime scene they say was never handed over.

The law firm’s report quotes an Oklahoma City police officer and a former assistant district attorney talking about the evidence destruction, which included records that could have established whether Glossip embezzled money from the motel, as alleged by prosecutors.

Such claims frustrate the current district attorney, David Prater, a chatty, accessible official I’ve interviewed many times over the years about Oklahoma’s justice system.

Prater, who was not in office at the time the evidence was destroyed, said Glossip’s execution should proceed as scheduled and called the allegation that his office ordered the destruction “an outright lie.”

“There is no documentation as to that,” he said. “The DA’s office does not order the destruction of evidence in cases like that.”

Glossip and his attorney, Don Knight, declined interview requests. Knight said in a written statement provided to ProPublica that the execution should be delayed while the state appeals court reviews new information turned up in the report.

“Richard Glossip has been through three tortuous execution dates already. It does not serve justice to set a fourth execution date for an innocent man before all this new evidence can be fully considered in a court of law,” the statement said.

“Public reaction to this new evidence makes clear that Oklahomans, even those who support the death penalty, do not want to see an innocent man executed.”

Sister Helen Prejean, the anti-death-penalty activist who was portrayed in “Dead Man Walking,” said she plans to be at the prison to support Glossip in September, as she was on his three prior execution dates. (Glossip called Prejean before his first scheduled execution and asked if she would serve as one of his selected witnesses, as she had for six condemned men in other states.)

But Prejean predicts that day won’t come and says she plans to work feverishly to draw attention to his case and win a reprieve.

Sounding more like a publicity strategist than a nun, Prejean said the smartest approach involves letting the “conservative pro-death-penalty legislators” make the case for Glossip rather than celebrity activists who’ve supported Glossip and other condemned inmates.

“I know I have to do everything I know how to do to save the life of this man,” she said, adding: “When it looks like everything is signed, sealed and delivered what do you do? You go to the public and you raise questions.”

by Ziva Branstetter

Michigan Proposes Juvenile Justice Reforms After Story of Teen Locked Up for Missing Homework Exposed Gaps in System

2 years 8 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.

A Michigan task force Friday recommended a series of reforms designed to keep young people out of detention facilities and provide them with better legal representation and more community help, such as family counseling and mental health treatment.

Created after a ProPublica investigation revealed systemic flaws in Michigan’s juvenile justice system, the task force made 32 recommendations that aim to transform what happens when young people get in trouble with the law, including by keeping low-level offenses out of the courts and limiting when children can be detained. Other proposed changes would eliminate most fines and fees charged by juvenile courts and provide more oversight of residential facilities.

“The recommendations, if implemented, will be transformative to the justice system,” said Jason Smith, executive director of the Michigan Center for Youth Justice, an advocacy group. “It would expand the opportunities for alternatives to justice system involvement in the first place, increase transparency within the system with increased data and improve outcomes for young people.”

Michigan Gov. Gretchen Whitmer created the Task Force on Juvenile Justice Reform in June 2021 to analyze state and local data and gather individuals from across the state who have insight into the system. The task force’s goal was to try to understand why Michigan incarcerates so many young people for noncriminal offenses — and suggest ways to reduce the number. The task force was led by the nonprofit Council of State Governments and included the lieutenant governor, judges, court officials and families affected by the justice system.

The creation of the panel came after a series of ProPublica stories about a 15-year-old who had been incarcerated for a probation violation when she failed to do her online schoolwork at the start of the pandemic. The reporting about the teenager identified as Grace, her middle name, put a national spotlight on how Michigan children are regularly detained for probation violations and other noncriminal offenses — even as many states have moved away from that practice.

ProPublica also revealed broader flaws in Michigan’s decentralized juvenile justice system, including such poor data that the state can’t say how many juveniles it has in custody at any given time or why they have been detained.

“I feel like Grace’s situation and the story really helped us get the momentum to get this started,” Michigan Supreme Court Justice Elizabeth Clement said in an interview this week. “It opened a lot of people’s eyes. … Sometimes people are unaware they have a broken system. Sometimes they know and they just are not sure what to do.”

Before Grace’s case drew national attention, Michigan leaders had been focused on reforming the adult criminal justice and child welfare systems. Juvenile justice had been less of a priority.

Many of the task force’s recommendations require changes in state law and additional funding.

Rep. Sarah Lightner, a Republican from Springport and a task force member, started that process this week when she introduced two bills intended to ensure young people have access to attorneys trained in juvenile matters. One bill would expand the Michigan Indigent Defense Commission to include the oversight and training of lawyers who represent juveniles and to ensure that young people have an attorney at every stage of their case. Another measure would expand the Michigan State Appellate Defender Office to include services for juveniles who want to appeal their cases. There are currently no state standards in place or specialized training available for lawyers representing juveniles and no state funding for juvenile defense.

“There is no question it will take an additional investment to make sure attorneys are educated and the courts are educated on juvenile issues,” Lightner said in an interview.

Michigan has long struggled to assess its juvenile justice system because it gathers limited data from its local courts, and that data is not captured in a standardized way. Data obtained by the task force from 32 counties, representing about 55% of the juvenile population, found that about 23% of cases referred to court by prosecutors were for a type of noncriminal offense that includes truancy, running away and incorrigibility. These “status offenses” are only punishable because the person is a minor. Another 26% of cases were for low-level misdemeanor offenses. Nearly 12% involved children 12 and under.

Data shared with the task force also showed that, in a sample of eight county courts, the average age of young people in secure detention — the most restrictive form of juvenile confinement — was 14 and that Black youth were detained at six times the rate of white youth. The panel recommended that the state collect and share data from the local courts, and use it to create a dashboard that tracks and measures disparities in the justice system.

The task force’s proposals aim to keep many of those young people out of the court system altogether. Except for the most serious offenses, the state’s juvenile courts would only be for children 13 and up if state law is changed; there’s currently no minimum age. Juveniles who commit status offenses and are determined to be low risk would be diverted to community programs instead of having to go through the court system.

“We want to keep kids out of detention, We want to keep them out of residential placements and we really want to keep them out of the court if we can,” Clement said. “We are hoping we see a drastic change in our numbers.”

To encourage that change, one proposal would provide more state funding for community-based services — such as family counseling, mental health support and substance abuse treatment — than for detention and residential placements. Under the current system, the state’s Child Care Fund Unit reimburses counties 50% for all services. The task force proposed increasing the reimbursement for community-based services to 75%, which would require millions of dollars a year in additional state funding.

The panel also recommended that the state create a juvenile services division to develop standardized assessments so officials can match youth with the level of supervision they need. Michigan currently does not have a recommended assessment tool, and its decentralized court system means treatment for children can vary depending on where they live.

“That has led to some good practices in Michigan and some inconsistent and uneven and not research-based practices,” said Josh Weber, who directs the juvenile justice program at the Council of State Governments and worked with the task force.

Cole Williams, a task force member who provides counseling and support to families involved in the court system in the Grand Rapids area, said he’s glad that one recommendation would establish an advisory group of young people and families so they can help guide the justice system’s decisions. He also said that onerous fines and fees are a “constant conversation and challenge,” and eliminating them would be a game changer for families.

“We have a long way to go in Michigan when it comes to how we support our children,” said Williams, who experienced the challenges of the justice system when his son was involved in it. “The recommendations proposed are a step in the right direction.”

by Jodi S. Cohen

New Data Gives Insight Into Ticketing at Five Suburban Chicago School Districts

2 years 8 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.

This story was co-published with the Chicago Tribune.

Newly obtained police records from five Chicago suburbs offer additional details about students getting ticketed at school for minor offenses, a widespread practice documented in a ProPublica-Chicago Tribune investigation this year.

In Naperville, police provided updated records that include information about the race of students ticketed in the city’s two high schools for violating municipal ordinances. At Naperville North High School, only 120 students are Black, or 4.5% of enrollment, but Black pupils received nearly 27% of the 67 tickets police have issued there since fall 2018.

Black students at Naperville North were nearly five times more likely than their white peers to receive a ticket. At the city’s other high school, Naperville Central, police wrote 44 tickets to young people, most of them white students. The ticketing of Black students there was proportionate to school enrollment.

Newly released records also confirm that police have ticketed young people at two other large suburban schools — Schaumburg High School in Schaumburg and Maine West High School in Des Plaines — in recent years for minor misbehavior, adding to the more than 140 districts where reporters already had documented that police had cited students.

(Use our interactive database to look up how many and what kinds of tickets have been issued in an Illinois public school or district.)

The updated information, which also includes new data from South Holland and Bartlett, was added Thursday to an online lookup tool created for the investigation “The Price Kids Pay.” The unprecedented examination of police ticketing at school, published in May, found that police issued at least 11,800 tickets to students in the three-year period examined: the school years ending in 2019, 2020 and 2021. The tickets, issued for offenses such as fighting or using a vaping device, often resulted in steep fines and debt for students and their families.

The investigation also uncovered a pattern of racial disparities in ticketing. In Illinois schools and districts where data on race was available, Black students were twice as likely as their white peers to receive a ticket.

The racial disparity now identified at Naperville North offers context in an ongoing legal battle over a ticket police issued to a Black student there in 2019. The 17-year-old girl was accused of stealing a classmate’s Apple AirPods, which she said she had thought were her own.

Now 19 and in college, she continues to fight the theft ticket in court, saying she did nothing wrong and refusing to pay a fine for what she said was a simple mix-up. She and her family have alleged that the school and police pursued the matter aggressively in part because of the girl’s race. On Thursday, a new attorney working on her behalf asked the city for more records and asked to question individuals involved in the matter. The next court date is in September.

The school district has distanced itself from the case and has said it is the Naperville police who decide whether to ticket students. The city previously denied that race played a role in police decisions to ticket students.

Police records show that students at Naperville’s two high schools were ticketed most often for possession or use of cannabis or tobacco and for fighting. The fines vary depending on the offense; the minimum fine is $100 for possession or use of tobacco or alternative nicotine by a minor. The city’s municipal code allows fines for fighting, cannabis possession and some other infractions to reach $750, the maximum allowed by state law for ordinance violations.

Most of the tickets Black students received were for fighting; white students were usually ticketed for tobacco use or possession.

In addition to the updated Naperville data published Thursday — which excludes tickets issued in the last school year to keep data consistent among districts — the ticketing database now includes several other changes:

Schaumburg: The Police Department initially did not confirm that tickets were issued at Schaumburg High School in Township District 211, the largest high school district in Illinois. The department has since provided data that shows officers issued 27 tickets to students in the three school years ending in 2019, 2020 and 2021. The tickets were for truancy, cannabis or tobacco use or possession, disorderly conduct and “instigating,” part of a local law related to fighting.

The Illinois attorney general’s office is investigating whether District 211 and the city of Palatine, where other district schools are based, violated state civil rights laws when ticketing students.

Schaumburg is not included in the state’s investigation. Village spokesperson Allison Albrecht said that police get involved with school incidents at the request of school officials, parents or other citizens, and that citations are “often a last resort.” The district superintendent has said school officials involve the police when a student violates a local ordinance, when there is a safety threat or when other interventions haven’t worked — regardless of the student’s race or background.

Des Plaines: The Police Department confirmed that officers had ticketed 27 students at Maine West High School, northwest of Chicago, over the three school years examined. Most of the tickets were for tobacco possession. Spokespeople for the city and school district have not responded to requests for comment.

South Holland: The village, south of Chicago, confirmed that debts from student tickets can be sent to collections. Police issued 90 tickets to students at Thornwood High School during the school years examined in “The Price Kids Pay.”

South Holland police wrote an additional 85 tickets to young people at Thornwood this past year. All but one of the tickets were for disorderly conduct, and all were issued to Black students. About 82% of the students are Black. As with the Naperville data, tickets issued last school year in South Holland are not reflected in the online database.

The fines from tickets issued to young people at the high school during the past four school years totaled $47,950, of which $10,800 has been paid, records show. No tickets were issued in spring 2020 or during the entire 2020-21 school year, when the school was closed because of the COVID-19 pandemic. The village administrator has not responded to requests for comment.

Bartlett: The Police Department, which has jurisdiction at Bartlett High School, west of Chicago, had previously included some tickets that were issued before or after the three school years specified in the reporters’ records request. The correct number of tickets written during this time period is 167.

Bartlett High School is one of several schools in the large U-46 District based in Elgin. Since the publication of “The Price Kids Pay,” several schools and communities have changed their ticketing or policing practices. Bartlett Deputy Chief Geoffrey Pretkelis said that in the coming school year students will be referred to a smoking-cessation program instead of being ticketed for tobacco use or possession.

“What would happen going forward is, if you caught someone with tobacco or vaping we’d say, ‘Hey, listen we have this program,’ and if they complete it, we would not issue the citation,” Pretkelis said. “We were very successful in years past when we did have that diversion program.”

Help ProPublica and the Chicago Tribune Report on Police Issuing Tickets at Schools

Police are ticketing students at schools across Illinois for behavior such as vaping, littering and disorderly conduct. Many students are forced to appear at hearings, which means missing school time, and the cases almost always result in judgments against the students, which carry fines as high as $750. We have found students as young as 10 are being ticketed, and Black students are disproportionately impacted.

To continue with this important reporting, we need to hear from people who have been affected by tickets handed out at school. Are you a parent, school worker, researcher or attorney? Please fill out this brief survey.

We take your privacy seriously. We are gathering these stories for the purposes of our reporting and will not publish your name or information without your consent.

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Haru Coryne contributed reporting.

by Jennifer Smith Richards, Chicago Tribune and Jodi S. Cohen, ProPublica

U.S. Senators Demand Federal Scrutiny of Private Equity’s Incursion Into Fishing

2 years 8 months ago

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

Three U.S. senators, including two members of a Senate subcommittee that oversees the fishing industry, are calling for greater federal scrutiny of private equity’s incursion into East Coast commercial fishing.

Connecticut Sen. Richard Blumenthal and Massachusetts Sens. Elizabeth Warren and Ed Markey, all Democrats, condemned lax government antitrust policies and weak enforcement of restrictions on foreign ownership in the fishing industry. They were responding to an investigation published July 6 by ProPublica and The New Bedford Light, which reported that companies linked to private equity firms and foreign investors now control an outsize share of the market for groundfish such as pollock, haddock and ocean perch and are pushing to expand into other parts of the industry. Under this new regime, the investigation found, labor conditions for local fishermen have deteriorated, as they work longer hours and bear a larger share of costs such as vessel maintenance.

“This alarming investigation raises serious concern about possible violations of federal law,” Blumenthal said in a statement. “A powerful foreign private equity giant has gained huge power over a vital American industry. This apparent dominance raises antitrust questions, which should be reviewed by the U.S. Department of Justice.” Both Blumenthal and Markey sit on a Senate subcommittee with jurisdiction over the National Oceanic and Atmospheric Administration and the Coast Guard.

Warren said she is dismayed that federal enforcement of a cap on foreign ownership of fishing vessels in U.S. waters largely relies on the companies’ own assurances that they are in compliance. “Predatory private equity billionaires have bought into nearly every sector of the economy, generating huge profits for insiders while leaving workers out in the cold,” Warren said. “I’m deeply concerned by this report regarding the lack of federal oversight of foreign ownership limits and that some hardworking fishermen in New Bedford are not being treated fairly.” She added, “I intend to work with federal regulators to address these issues and protect Massachusetts fishing families.”

The ProPublica/New Bedford Light investigation found that a federal regulatory system known as “catch shares,” which was adopted in 2010 to reduce overfishing, has fostered private equity’s consolidation of the industry at the expense of independent fishermen. The single largest permit holder in the New England groundfish industry is Blue Harvest Fisheries, which has rights to catch 12% of groundfish, approaching the antitrust cap of 15.5%.

Blue Harvest, which was established in 2015 by Manhattan private equity firm Bregal Partners and is based in New Bedford, Mass., owns more than 15.5% of the permitted catch for certain types of fish, but stays below the aggregate cap by owning smaller shares of other species. It boosts its market share by leasing fishing rights from other permit owners. There are no antitrust restrictions on leasing. Blue Harvest has charged captains and crew on its vessels for maintenance, electronics and wharfage fees, among other expenses. The investigation traced Blue Harvest’s ownership to a billionaire Dutch family.

Blue Harvest said in a statement that it has honored the “historically significant role that the region’s fishermen and fisherwomen play in our groundfish business” by investing more than $10 million to promote the health and welfare of employees and crew members. Overall payments to crew increased 36% over the last three years, the company said. Blue Harvest plans to launch several state-of-the-art vessels by 2024, reflecting its commitment to “setting higher standards and benchmarks for the seafood industry,” it said.

Blue Harvest added that the Coast Guard had approved its “ownership and capital structure.” The company said it “remains dedicated to acting as a responsible steward of the vitally important domestic U.S. fishing industry and actively supports regulation for the benefit of the industry at-large and the communities in which we serve.” Bregal Partners did not respond to a request for comment.

Like Warren, Markey decried foreign ownership and its effects on independent fishermen. “Our working waterfronts should work for local communities, and our laws on local ownership should be implemented and upheld, not undermined or evaded,” Markey said. He vowed to “ensure that we have a robust federal oversight system” and that “the private equity industry can’t take advantage of companies or their workers.”

A spokesperson for the head of NOAA’s fisheries division said that it would “work directly with our partners in Congress to respond to any inquiries they may have.” Michael Pentony, the division’s Northeast regional administrator, said that NOAA’s goal is to “ensure a sustainable future for our fisheries and the communities that depend on them.” He declined to address specific questions.

The current antitrust cap “fails to prevent excessive consolidation in the fishery,” said Geoff Smith, one of 18 members of the New England Fishery Management Council, which advises NOAA. “We certainly don’t believe that Blue Harvest or any other entity should be able to own excessive shares in the fishery to the detriment of fishing communities.” Other council members declined to comment or did not respond to messages, and its executive director declined to comment.

The council is considering whether to support a controversial industry-backed proposal authorizing the leasing of rights to catch scallops. Current scallop regulations allow one permit per boat, up to a total of 17 vessels, and leasing is prohibited. Many local fishermen fear that implementing the proposal would hasten consolidation and enable private equity to make the same inroads into the lucrative scallop market that it has with groundfish.

“I hope the New England Fishery Management Council recognizes that the South Coast was built on the backs of the hardworking fishing families, and that upcoming decisions reflect the respect they deserve,” said U.S. Rep. Bill Keating, a Democrat whose district includes New Bedford.

Fishermen, former regulatory officials and community activists recommended various reforms. They called for lowering the 15.5% permit cap for groundfish, for greater transparency in permit ownership and leasing, and for NOAA and the Coast Guard to enforce the American Fisheries Act, which limits foreign ownership to 25% of a U.S. fishing vessel. The Coast Guard’s National Vessel Documentation Center, which is responsible for monitoring compliance with foreign ownership restrictions, did not respond to written questions.

The way regulations are currently designed, “a handful of businesses can come in” and buy up “the entire fishery,” said Ben Martens, who heads the Maine Coast Fishermen’s Association. Lack of transparency in ownership and leasing “creates a murky marketplace,” he added.

Blue Harvest purchased some of its fleet and permits from New Bedford fishing magnate Carlos Rafael, known as “the Codfather,” after he pleaded guilty to 27 counts of fraud in 2017 and agreed to sell his empire.

“Rafael’s fishing days are over, but manipulation of the fishing industry is alive and well, just with fancier suits and offices and less interesting but more polished white-collar types,” Joshua Amaral, who heads a community services program in New Bedford, wrote to the Light.

Brett Tolley, who leads the Northwest Atlantic Marine Alliance, which advocates for independent fishermen, said that the influx of private equity firms was the “inevitable outcome” of the catch shares system. “The warning signs were always there,” Tolley said. “They have become so dominant, with such influence and leverage over our local economy, that they have essentially become too big to fail.”

David Goethel, a New Hampshire fisherman who served on the New England Fishery Management Council from 2004 to 2013, said that the industry’s problems are deeply rooted.

“NOAA is afraid of what they might find once they really start rattling the whole rotten tree,” he said.

While on the council, Goethel cast the lone dissenting vote against catch shares. “We knew then that someone was going to buy up the whole fishery,” he said. “Well, now that has happened.”

by Will Sennott, The New Bedford Light

A Government Official Helped Them Register. Now They’ve Been Charged With Voter Fraud.

2 years 8 months ago

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His last night as a prisoner in North Florida, Kelvin Bolton couldn’t sleep. Fifty-five years old, with a wispy goatee the same color as the gray flecks in his hair, he was about to get out after serving a 2 1/2-year sentence for theft and battery. The last time he’d seen his brothers and sisters at a big family gathering, he’d marched onto the dance floor ostentatiously, turned away and wrapped his arms around himself to caress his own back. As he swayed goofily to the music, everybody laughed.

Now Bolton was so close to being free and seeing his family again. The next morning, a bright Wednesday in April, he was already dressed in his street clothes and cleared to go when the woman processing his paperwork stopped him.

“The lady said, ‘Hold on, you can’t go anywhere,’” Bolton remembered in a recent phone call.

Confused, he asked her what was going on, he recalled. There was a warrant out for his arrest for incidents in 2020, she explained gruffly. But that was impossible. He’d been in jail at the time, awaiting his prison stint.

Guards loaded Bolton into a van, then drove an hour and a half south to deposit him in Alachua County Jail.

There, he found out what he’d done wrong.

He’d voted.

In 2018, Florida voters overwhelmingly passed Amendment 4, in a historic ballot initiative that restored the right to vote to most state residents with felony convictions. Until then, Florida had been one of only four states — the others were Iowa, Kentucky and Virginia — where people who had committed felonies needed to petition the governor to have their voting rights restored. It was a grim legacy of 19th-century laws passed after the 15th Amendment granted African American men the right to vote.

Supporters applauded the law as restoring voting rights to what experts estimate is over 1 million people in Florida, about 5% of the population of the state.

But the state’s dominant Republican lawmakers quickly installed a financial hurdle to those new rights. The following year, they passed a law to clarify that people convicted of felonies could only vote if they first paid off any money they owed for committing their crimes. The penalty for registering or voting without doing so: a felony charge for voter fraud.

Kenyetta Carmela Artis holds a photo of her son, Xavier Lavell Kevon Artis, 22, who is incarcerated at the Alachua County Jail for registering to vote while ineligible. (Octavio Jones for ProPublica)

On the surface, the mandate seemed reasonable: Even advocates for Amendment 4 agreed that requiring paying off fines and restitution to victims was just. In Florida, however, that task proved a sometimes insurmountable challenge — one that disproportionately hit Black people. Florida has no centralized database to allow people to figure out what legal financial obligations they owe to the state. Instead, its 67 counties and various state agencies each maintain their own databases. The state also does not track information for federal or out-of-state convictions, which people are also required to pay off before voting.

On top of the fines and restitution, Florida layers on court fees that can run into the hundreds of dollars. Together, a voter’s debt can run into the thousands, a financial hole that some may never climb out of.

“That’s kind of the bottom line of the absurdity of this — it’s Kafkaesque,” said Dan Smith, chair of the political science department at the University of Florida. “It’s very troubling that we would have state attorneys prosecuting individuals who did not know their status, and there was no way for them to determine their status.”

Florida’s voting hurdles are part of a national pattern. For years across the country, Republican state lawmakers have been implementing new restrictive voting laws, including reducing access to vote-by-mail ballots, stricter voter identification rules and limits on early voting. These efforts have accelerated since Donald Trump promoted the false claims that Joe Biden stole the 2020 presidential election. Democrats, meanwhile, have pushed to expand voting access.

Republican Gov. Ron DeSantis boasted that in 2020, Florida, a swing state with a history of contentious elections, “held the smoothest, most successful election of any state in the country,” while he also signed a flurry of voting law changes that he said would further strengthen the integrity of future votes. And DeSantis has tacitly endorsed prosecuting people convicted of felonies for voter fraud. In April, he signed a bill establishing the Office of Election Crimes and Security, which will investigate alleged election violations.

Despite the increased scrutiny, voting fraud remains so rare in Florida that it hasn’t come close to altering election outcomes. The Florida Department of State in 2020 received 262 election fraud complaints, just 75 of which were referred to law enforcement or prosecuting authorities, according to the agency.

“Florida is an outlier, because the intentional targeting of citizens with felony convictions as a way to undermine democracy has been a throughline in that state,” said Nicole Porter, senior director of advocacy for the Sentencing Project. “And the attempt to address that, by popular vote, has been undermined by the legislature.”

In 2020, a representative of the Alachua County Supervisor of Elections conducted a series of outreach efforts at the local county jail to let inmates know of their new rights and offer to help them add their names to the voter rolls.

During three visits to the jail, the official helped sign up at least 10 inmates, including John Boyd Rivers, Dedrick Baldwin and Bolton.

Rivers, 44, felt a visceral thrill at the prospect. Sitting in his cell in February 2020 facing a battery charge for hitting his wife, he was told by the county representative that he could register to vote. The official, he said, told him that he could disregard the check box on the form that asks whether the applicant has a felony conviction because he didn’t have a disqualifying felony. That seemed odd to Rivers, since he had a previous felony conviction. (He subsequently was sentenced for the battery charge.) No one told him anything about needing to pay off his financial obligations before registering to vote, Rivers said, and the jail didn’t give him an accounting of those debts when he was later released.

Back at home, Rivers was excited when his voter registration card arrived in the mail. He’d lost his right to vote at 18, he said, after voting just once. Now he could vote in a presidential election. He and his wife went to their polling place, and he cast his vote for Donald Trump.

Bolton, too, was excited to sign up. He also said no one told him he’d need to pay off his debts before casting his ballot. Although he registered as a Republican, he said he decided to vote for Biden.

In all, 10 of the men who the official helped register to vote have been charged with voter fraud on the grounds they were ineligible.

Their alleged illegal voting was first spotted by a citizen who analyzed Florida’s voting rolls and then shared the information with the state. The Florida Department of Law Enforcement subsequently launched an eight-month investigation, after which it identified the 10 inmates.

State investigators found that some jail employees remembered the elections official giving clear directions to inmates about having to pay off financial obligations, while others did not. The investigation concluded that the jail visits were “lacking in both quality and longevity” and “showed a haphazard registration of inmates.” But the state prosecutor nevertheless proceeded with charges, although not against county officials.

Officials at the Alachua Supervisor of Elections office declined to comment to ProPublica. But Supervisor of Elections Kim Barton denied any wrongdoing in a statement released in June.

Brian Kramer, the state attorney for the Eighth Judicial Circuit of Florida, defended his office’s prosecutions to ProPublica, saying he believed the 10 men knew they were committing fraud. “I’m not going to say I will prosecute or not prosecute because it’s politically popular or unpopular,” he said.

State Attorney Brian Kramer has defended his office’s decision to prosecute. (Octavio Jones for ProPublica)

Four of the 10 have pleaded guilty and have been sentenced to between 364 days and three years in prison. Bolton and three others have vowed to go to trial, while the remaining two await arraignment. They face charges that carry a penalty of up to five years in prison, five years of probation or $5,000 in fines. Eight of the men are Black, and two are white.

Critics say the charges are unjust and, at a bare minimum, excessive. In nearby Lake County, the state prosecutor declined to bring charges against sex offenders who had registered to vote despite the law prohibiting voting rights restoration for those charged with sex offenses or murder. In April, two white men living in The Villages in Sumter County, an overwhelmingly white county in central Florida, pleaded guilty to each casting two ballots for Donald Trump during the 2020 election. Rather than face prosecution, they entered a pretrial intervention program, under which they must serve 50 hours of community service and attend an adult civics class, among other requirements. Because the men in Alachua County have prior felony convictions, they are ineligible for pretrial intervention and face harsher sentences.

“I’m thinking I’m doing something good for the community, so that’s why I chose to try to do it,” Bolton said. “It was not malicious — I was not trying to commit a felony of voting fraud. I never would have voted.”

Baldwin, 47, who is in prison on a manslaughter conviction, was sentenced to an additional 364 days. He felt “set up,” he said, since nobody told him he wasn’t eligible.

“There’s no way Biden was that important to me to vote for him,” he said in an email to ProPublica from prison. “We were flat out tricked into voting.”

The elections official who visited the jail denied telling the men that they could disregard the check box and said he warned them that they’d need to pay off their financial obligations, according to a person familiar with the matter who declined to be named because he feared reprisals. The elections official declined to comment to ProPublica on the record.

The voter fraud charges were especially bitter for Rivers. By the time they were filed, Rivers said, he had already used part of his federal stimulus check to pay off more than $3,000 in costs related to his criminal record so he could reinstate his driver’s license and return to work.

“I should have known there would be some kind of catch,” Rivers said.

Florida’s history of felon disenfranchisement dates back to 1838, when the state’s first constitution prohibited people convicted of bribery or assorted “high crimes and misdemeanors” from voting. After the Civil War, faced with the prospect of formerly enslaved Black men voting, the state expanded the law so that anyone convicted of a felony lost the franchise. But in 2018, 64% of Florida voters approved Amendment 4, allowing people convicted of felonies, except for murder or sexual offense convictions, to vote.

This embrace of new voters became more complicated the following year when the state legislature passed its law. It required that people convicted of felonies must determine their own eligibility before registering to vote. The Florida Department of Corrections and county detention facilities are required to provide notice to inmates at the time of their release of their outstanding financial obligations.

But it is unclear if all of the facilities do so.

Florida charges those convicted of crimes with an array of fines and fees, some of which statutorily cannot be eliminated or reduced. Defendants facing felony charges are assessed $100 to use a public defender, as well as a $100 prosecution fee. At least one person already sentenced in the Alachua County cases has been charged an additional $671 for his voting fraud charges on top of the financial obligations he already owed.

Finding out what someone owes is time-consuming and expensive. An analysis led by Traci Burch, a political science professor at Northwestern University, tried to determine the legal financial obligations owed by a random sample of 153 Florida residents convicted of felonies and found consistent information for only three of them. Counties often keep poor records, have cumbersome websites and employ unhelpful clerks.

What’s more, it can cost money merely to find out how much money you owe. Four in 10 Florida counties charged either a payment or processing fee to look at their databases, and 15% charged a fee to access certain records, according to Burch’s research.

In 2020, Smith, the Florida political scientist, estimated that just over 1 million people would be eligible to vote under Amendment 4. Of that number, about 77% had outstanding legal financial obligations, rendering them ineligible to vote under Florida’s new law until they paid their debts. Four out of five Floridians with felony convictions owed at least $500 in fines and fees, Smith’s analysis found. More than 59% owed more than $1,000.

The state legislature immediately disqualified about 750,000 people from being able to vote when it passed its law requiring people convicted of felonies to pay their debts first, Smith estimated. And the new law’s impact was felt much more harshly by Black people, who faced greater fines and fees: 26% of white Floridians with a felony conviction would be eligible to get their voting rights restored under the new requirement, but only 18% of Black people, according to Smith.

In May 2020, a district court judge ruled that parts of the law were unconstitutional and that the law had established a pay-to-vote system. The 11th Circuit Court of Appeals overturned the ruling the following September, saying it was in the state’s power to require the payoffs and the law didn’t violate people’s rights. The state Supreme Court has also issued an advisory opinion that deemed the law legitimate.

Unsurprisingly, the number of people with felony convictions who have registered to vote has fallen far short of what supporters hoped. More than 85,000 such people registered in Florida ahead of the 2020 election.

Supporters of the law say that it’s only fair to have people fulfill their full sentences, including paying any crime-related debts. Some state attorneys, including Kramer, the attorney prosecuting the Alachua cases, have also developed processes within their jurisdictions by which people with felony convictions can verify their voting eligibility or request to reduce their fines and fees.

Felons who have not yet registered to vote can also appeal to the state to have certain fees reduced or eliminated, said Republican State Sen. Jeff Brandes, the sponsor of the law demanding the payoffs before voting rights restoration.

Florida State Sen. Jeff Brandes sponsored the law requiring all fees be paid before voting. (Octavio Jones for ProPublica)

“We truly believe there are people who are indigent that will just simply never be able to pay,” he said. “The court only collects a fraction of what is given out anyways. And so there should be a way for the state to grant some grace or for the court to grant some grace and provide people flexibility.”

Kelvin Bolton has been sitting in the Alachua Council Jail since April, waiting for his case to proceed.

He’s been in and out of the system since he was 16, piling up a long record of mostly nonviolent crimes, most recently for stealing a car, groping a woman in a store and taking cigarettes from a Dollar General.

He aims this time to keep a vow he made to his family and himself to stay straight. He said he is frustrated that the prosecutor subsequently created a program for people convicted of felonies to check their voting eligibility while he and the others are still facing charges.

“Why would they want to keep charging us for something that they’re in the wrong for?” he said. “The state is in the wrong for what they did to us.”

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by Bianca Fortis

Texas Says It Cares About Mothers, but Its Medicaid Postpartum Coverage Lags Behind Most Other States

2 years 8 months ago

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This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief weekly to get up to speed on their essential coverage of Texas issues.

While celebrating last month’s U.S. Supreme Court decision overturning the constitutional right to an abortion, Texas Gov. Greg Abbott pointed to the millions of dollars in spending that state lawmakers approved during the 2021 legislative session to help pregnant women and new mothers.

Among the measures he touted was a law that extended Medicaid health care coverage for pregnant women until six months after they give birth or miscarry, exceeding the federal government’s requirement that states provide at least two months of the benefit.

“Texas is a pro-life state, and we have taken significant action to protect the sanctity of life,” the Republican governor said in a June 24 statement. “Texas has also prioritized supporting women’s healthcare and expectant mothers in need to give them the necessary resources so that they can choose life for their child.”

Abbott’s statement neglected to mention that Texas lags behind at least 33 states, including 11 led by Republican governors, as well as the District of Columbia, all of which have already expanded or are working with the federal government to extend postpartum Medicaid benefits for a full year after giving birth. In 2021, the Texas House passed a measure that would have lengthened that coverage to 12 months, but during the waning days of the legislative session one of the senators who co-authored the state’s restrictive abortion law halved the time period.

Texas is among a dozen states that have also declined to expand broader Medicaid coverage under the Affordable Care Act to additional people with low incomes, leaving it with some of the strictest eligibility requirements in the country. For example, single parents with one child must earn $196 or less a month to qualify.

“It is such hypocrisy,” Adrienne Lloyd, a senior health policy associate for the Children’s Defense Fund Texas, said about the contrast between state legislators’ battle against abortion access and the services they provide to pregnant people. “If you really care about that health and safety, then the pregnant person and baby will have so much better outcomes if they're covered long before and after giving birth.”

The state’s Maternal Mortality and Morbidity Review Committee recommended extending postpartum Medicaid to one year in a 2020 report that showed cardiovascular and coronary conditions, along with mental disorders, were the leading causes of deaths related to pregnancy. Nearly a third of 54 deaths determined to be directly tied to pregnancy occurred between six weeks and 12 months after birth, the committee found as part of an analysis of 2013 data, the most recent available.

Medicaid is the most comprehensive federal- and state-funded health coverage offered to pregnant people and new parents. The assistance, which is generally available to people with low incomes or with disabilities, has higher income thresholds for those who are pregnant. Medicaid covers hospital visits, specialist care and X-rays that are not provided by other Texas programs.

Extending the eligibility period is critical, said Dr. Carla Ortique, a gynecologist and vice chair of the review committee, because treatments for many of the primary causes of pregnancy-related deaths, such as postpartum depression and cardiomyopathy, take time to work.

“It makes a difference in your outcomes and has been shown to make a difference for future pregnancies,” Ortique said.

Had the state’s lawmakers heeded recommendations to extend the eligibility period beyond six months, Texas could have led the nation in expanding postpartum Medicaid for pregnant people instead of trailing behind, said Diana Forester, director of health care policy at Texans Care for Children, an advocacy group.

“Why wouldn’t we want to manage those chronic conditions for that first year postpartum so that they can focus on getting healthy and getting back to work and ensuring their kid has what they need to succeed? It just seems like a no-brainer,” Forester said.

A spokesperson for Abbott did not respond to questions about the Legislature’s decision or whether the governor supports the longer coverage period.

As it stands now, people who are eligible for Medicaid during their pregnancies are allowed to stay on the program indefinitely under federal pandemic rules. But that extended coverage could end as soon as this fall if President Joe Biden’s administration allows the emergency declaration to lapse, making states’ Medicaid eligibility decisions critical for new parents in need of health care coverage.

To qualify for pregnancy-related Medicaid, single people having their first child need to make $3,022 or less a month, compared to a $196 monthly income cap otherwise.

Connie Bunch, a single mother from Abilene, Texas, a city about 150 miles west of Fort Worth, understands the consequences of losing health care coverage too soon after giving birth.

Bunch received Medicaid in 2013 while pregnant with her first child at age 28, marking the first time she had health care coverage as an adult. At the time, Texas had not yet passed any legislation that exceeded the federal government’s requirement, so she lost the benefits two months after giving birth.

The new mother couldn’t manage the cost of private insurance through the Affordable Care Act. And the $600 average monthly income Bunch received from her part-time job, child support, and disability assistance for her daughter’s cerebral palsy kept her from qualifying for Medicaid under Texas’ income requirements once her postpartum benefits expired.

As a result, Bunch could no longer pay for doctors’ visits and treatment related to the high blood pressure, hypertension and gestational diabetes that doctors had diagnosed her with during her pregnancy. Diabetes affects about one in 10 pregnant people across the country, and two of the top six causes of maternal mortality in Texas are related to high blood pressure.

Without medication, Bunch said, she suffered debilitating headaches, exhaustion and a loss of appetite.

Once Bunch became pregnant with her second child last year, she again qualified for Medicaid. Her extended coverage has allowed her to once more have access to hypertension and diabetes medications. She said her headaches have disappeared, she’s no longer tired all day and her blood pressure has stabilized.

Now living closer to family in Austin, Bunch said she hasn’t been able to work because she cannot afford child care. Her monthly income shrunk to $350 from the child support and disability payments she receives. But it is still too much to qualify for Medicaid coverage, except for that specifically provided to people after they give birth.

This means that as soon as the federal freeze ends, Bunch will lose coverage.

“That’s really scary,” Bunch said. “That’s something that I really worry about.”

Connie Bunch plays with her son Aiden and 9-year-old daughter Brooklyn in her Austin home. (Montinique Monroe for ProPublica/The Texas Tribune) “Philosophical” Resistance to Medicaid

In April 2021, Toni Rose, a Democratic state representative from Dallas, went before the 150-member Texas House to lay out her bill to expand Medicaid to a full year after pregnancy. Within three minutes, the bill passed the chamber with bipartisan support. Some lawmakers applauded its passage.

The ease with which the measure sailed through the House inspired advocates to hope that the 12 months of coverage stood a chance to become law in Texas. Of the 14 members of the public who testified on the bill during a House committee hearing, not one spoke against the measure. And not a single representative publicly raised concerns about the bill before it eventually passed by a 121-24 vote.

More than a month later, on the same day that Abbott signed into law the Texas Heartbeat Act, which banned most abortions after about six weeks of pregnancy, the state Senate took a different approach.

During a hearing that month, Lois Kolkhorst, the Senate sponsor for the postpartum Medicaid bill, ticked off a list of states that had applied to the federal government to extend coverage for new parents to 12 months or that were considering passing legislation to do so.

But she said that, at the time, only Illinois had fully enacted such coverage. Missouri, she said, had limited its extensions to substance abuse and mental health services. On the other hand, Georgia had extended full Medicaid benefits but limited them to six months, said the Republican, who represents the small Central Texas city of Brenham and chairs the Senate’s health and human services committee.

“Certainly, Texas would be on the cutting edge of this if we were to pass this bill in any form, extending past the 60 days,” Kolkhorst said.

Although her bill put forward the 12-month extension approved by the House, Kolkhorst did not indicate a preference for the full year of postpartum coverage. Instead she referenced what she characterized as a common criticism of the federal program, saying, “I think it’s a great discussion of what is the right number and some people say, well, once you get pregnant, you stay on Medicaid for forever.”

Kolkhorst suggested that Texas was already a leader, pointing to a program that she helped create in 2019 called Healthy Texas Women Plus that offers 12 months of postpartum coverage. The program aims to provide some of the benefits available through Medicaid, primarily those that would help prevent the leading causes of deaths associated with childbirth. Most eligible Texans haven’t had to use it because they still qualify for Medicaid under the federal pandemic freeze. And Kolkhorst acknowledged that Medicaid was a “more comprehensive plan.”

Women’s health advocates and physicians have criticized the Texas program as what one called a limited “package of outpatient services,” because it does not include what they said is the full range of necessary care, such as emergency room visits, specialist appointments and hospitalizations. The state initiative also has a far smaller network of providers, which experts said makes it harder to get treatment.

After the May hearing, Kolkhorst accepted an amendment by Sen. Dawn Buckingham, a Republican from Austin and an eye surgeon, that slashed the House’s proposed postpartum coverage in half.

Buckingham never publicly raised concerns about the 12 months of care during committee hearings or before the full Senate. Rose, the representative who authored the measure in the House, said when she raised questions about the cut, Kolkhorst replied that she thought six months was “progress.”

The Senate passed the amended bill just after 3 a.m. on May 27, four days before the end of the session.

Neither Kolkhorst nor Buckingham, who were among the authors of the state’s restrictive abortion bill during the same legislative session, responded to requests for comment.

Kel Seliger, a Republican senator from Amarillo who serves on the health and human services committee, said the aversion to further extending postpartum coverage stems from a fundamental opposition by some Republicans to Medicaid expansion.

“There was philosophical resistance,” he said. “Medicaid is quite removed from Obamacare. We’ve been doing Medicaid for a long time. But it got to the point where Medicaid expansion was simply a buzzword for Obamacare.”

Seliger said he thought six months of postpartum Medicaid coverage was a sufficient compromise.

“I think it’s practical to increase Medicaid by three times” the minimum required by the federal government, he said. “And let’s see what the effect is. And let’s see where the Medicaid population goes and let’s see what the cost is.”

Texas House researchers estimated in March 2021 that the cost to the state of extending postpartum Medicaid coverage to a full 12 months would be about $84 million over the first two years. The six months of care that was instead approved by the Legislature is projected to cost an average of about $40 million annually during its first four years of implementation.

The federal government pays for nearly 60% of overall Medicaid expenses in the state. It does not contribute to Healthy Texas Women Plus, although the state requested federal funding for the program in December. Approval from the federal Centers for Medicare & Medicaid Services is pending.

Dade Phelan, the Republican Texas House speaker, blamed the Senate in a statement to ProPublica and The Texas Tribune, noting his chamber voted overwhelmingly for the expanded coverage.

“The Senate refused that proposed extension for vulnerable mothers who chose life, so ultimately we landed on extending coverage to six months,” said Phelan, who is from Beaumont in southeast Texas. “The Texas House has and will continue to make certain that we support Texas women and children.”

Extending postpartum Medicaid coverage does not force states to accept the federal government’s broader Medicaid expansion.

Nearly three dozen states have opted to lengthen postpartum care to 12 months since April 2021, including seven that, like Texas, did not expand Medicaid more broadly, according to KFF, a national health care nonprofit tracking the proposals. Even Georgia, the state Kolkhorst referenced in her Senate testimony as having extended benefits for only six months, approved a full year of postpartum care in May.

If all states approved that coverage, as many as 720,000 pregnant and postpartum people in all could qualify, according to the federal government.

Many states took advantage of a streamlined process for taking such action under the 2021 American Rescue Plan Act. States must seek permission from the Centers for Medicare and Medicaid Services if they want to provide health care coverage beyond the 60 days required under the law, but the act made it easier to extend coverage to a full year.

Texas and Wisconsin, the two states so far to request approval for shorter time periods, must still go through a lengthy waiver process. If the Medicaid freeze ends before the federal government approves Texas’ proposal, people who would have been included in the state’s six-month postpartum coverage could temporarily lose that care, experts said.

The Biden administration, in a maternal mortality report released last month, called on Congress to require extending postpartum Medicaid to a full year. The report said this could eliminate “potentially deadly gaps in health insurance at a critical time for individuals.”

People are dying from pregnancy-related causes in the U.S. at a higher rate than in any other developed nation, the report said.

About 700 people die annually in the U.S. because of pregnancy-related complications, about one-third occuring one week to a year after they have given birth, according to the CDC. Texas ranks among the 10 worst states in the country for maternal mortality.

Growing Push

Rose said the Supreme Court’s elimination of the constitutional right to an abortion is an important test to see if her Republican colleagues in the Senate are willing to provide other basic supports to pregnant people.

She plans to re-file the bill to extend Medicaid coverage to a full year on the first day of the upcoming legislative session in January.

“If you want women to have babies, then you need to make sure that they have the health care that they need in order to carry those babies and to have the comprehensive health care that they need after delivery,” Rose said.

She has support from health care advocates who have been asking for the bill to be reconsidered and from Phelan, the Republican House speaker, who told the news organizations that next session “the House will double down on prioritizing maternal health care and other resources for women, children and families in our state.”

Phelan specifically cited the one-year postpartum Medicaid extension as a priority.

A spokesperson for Lt. Gov. Dan Patrick, who sets the legislative agenda for the Senate, did not respond to questions about whether he would support the passage of such a measure. Last May, Patrick told Spectrum News that he supported the bill but “we just needed to make it less than a year.”

For Bunch, remaining on Medicaid during the federal government’s public health emergency beyond what the Texas Legislature would have allowed has meant that she could treat many of her health conditions.

She will undergo a hysterectomy in August after she said physicians told her that her health conditions mean “another baby will kill you.” She could not afford a sterilization procedure, which typically would require hospitalization not paid for by Texas programs, without her Medicaid coverage.

Last month, doctors found a small aneurysm on Bunch’s brain, which can result from high blood pressure. Bunch said they told her that her family history made treatment particularly important. Doctors said she should also see a cardiologist for abnormalities with her heart rhythm.

Several of the additional services Bunch would need are not covered by the state’s postpartum pregnancy program, leaving her fretting about how she will manage if she loses Medicaid.

The mother said she does not personally believe in abortion. But she criticized Republican lawmakers for pushing to outlaw the procedure without doing more to care for women like her after they give birth.

“On the one hand, they say, ‘No, you need to be a parent,’” Bunch said. “But then it’s like, ‘We don’t care if you’re a healthy parent.’”

She added, “It's like, ‘Have that baby, but then we're throwing you to the wolves.’”

Connie Bunch takes her hypertension and diabetes medication in her home in Austin. (Montinique Monroe for ProPublica/The Texas Tribune)

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by Lomi Kriel

Help ProPublica Investigate “We Buy Houses” Practices

2 years 8 months ago

On billboards, postcards and signs nailed to telephone poles, a familiar proposition appears: Businesses will buy properties no matter how much work they might need.

Selling to these buyers can sometimes be a good option for a homeowner. But some experts have referred to certain aggressive uses of this sales practice, which frequently involves senior citizens, as “equity theft.”

If you’ve had experience with a company or buyer promising fast cash for homes, our reporting team wants to hear about it. We’re particularly interested in accounts from people who have sold — or almost sold — their properties; people who have worked for, or been affiliated with, a house-flipping company; and advocates who have represented upset sellers. (We’re less interested in stories about incessant mailers and phone calls.) If you have something to share, please do so using the form below.

by Byard Duncan, Anjeanette Damon and Sarah Smith