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The U.S. Promised Tribes They Would Always Have Fish, but the Fish They Have Pose Toxic Risks

2 years ago

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

Salmon heads, fins and tails filled baking trays in the kitchen where Lottie Sam prepped for her tribe’s spring feast.

The sacred ceremony, held each year on the Yakama reservation in south-central Washington, honors the first returning salmon and the first gathered roots and berries of the new year.

“The only thing we don’t eat is the bones and the teeth, but everything else is sucked clean,” Sam said, laughing.

Her mother and grandmother taught her that salmon is a gift from the creator, a source of strength and medicine that is first among all foods on the table. They don’t waste it.

“The skin, the brain, the head, the jaw, everything of the salmon,” she said. “Everybody’s gonna have the opportunity to consume that, even if it’s the eyeball.”

Sam is a member of the Confederated Tribes and Bands of the Yakama Nation. They are among several tribes with a deep connection to salmon in the Columbia River Basin, a region that drains parts of the Rocky Mountains of British Columbia, Canada, southward through seven U.S. states into the West’s largest river.

It’s also a region contaminated by more than a century of industrial and agricultural pollution, leaving Sam and others to weigh unknown health risks against sacred practices.

“We just know that if we overconsume a certain amount of it that it might have possible risks,” Sam said as she gutted salmon in the bustling kitchen. “It’s our food. We don’t see it any other way.”

But while tribes have pushed the government to pay closer attention to contamination, that hasn’t happened. Regulators have done so little testing for toxic chemicals in fish that even public health and environmental agencies admit they don’t have enough information to prioritize cleanup efforts or to fully inform the public about human health risks.

So Oregon Public Broadcasting and ProPublica did our own testing, and we found what public health agencies have not: Native tribes in the Columbia River Basin face a disproportionate risk of toxic exposure through their most important food.

OPB and ProPublica purchased 50 salmon from Native fishermen along the Columbia River and paid to have them tested at a certified lab for 13 metals and two classes of chemicals known to be present in the Columbia. We then showed the results to two state health departments, U.S. Environmental Protection Agency officials and tribal fisheries scientists.

A laboratory analyst processes salmon filets for testing at a lab in Washington. (Kristyna Wentz-Graff/OPB)

The testing showed concentrations of two chemicals in the salmon that the EPA and both Oregon and Washington’s health agencies deem unsafe at the levels consumed by many of the 68,000-plus Native people who are members of tribes living in the Columbia River Basin today. Those chemicals are mercury and polychlorinated biphenyls, or PCBs, which after prolonged exposure can damage the immune and reproductive systems and lead to neurodevelopmental disorders.

The general population eats so little fish that agencies do not consider it at risk, which means that government protocols are mostly failing to protect tribal health. In fact, the contaminants pose an unacceptable health risk if salmon is consumed even at just over half the rate commonly reported by tribal members today, according to guidelines from the EPA and Washington Department of Health.

Contaminants in Fish Put Tribal Members at Risk (Source: Data obtained by Oregon Public Broadcasting and ProPublica. Average diet figures from EPA surveys of the Nez Perce Tribe and the general population, and fish advisory guidance from the EPA. Additional information can be found in the methodology section below. Illustration by Irena Hwang/ProPublica.)

The potential for exposure extends along the West Coast, where hundreds of thousands of people face increased risks of cancer and other health problems just by adhering to the salmon-rich diet their cultures were built upon.

Chinook salmon, like the ones OPB and ProPublica sampled, migrate to sea over the course of their lives, where they pick up contaminants that Northwest waters like the Columbia and other rivers deposit in the ocean. EPA documents obtained under the Freedom of Information Act show that even with minimal data available, agency staff members have flagged the potential for exposure to chemicals in salmon caught not just in the Columbia but also Washington’s Puget Sound, British Columbia’s Skeena and Fraser rivers, and California’s Sacramento and San Joaquin rivers.

The Columbia River faces many pollution threats, including from mining. Two reports have found that a tailings dam at British Columbia’s Copper Mountain, 25 miles north of the Washington border, has a probability of failing and flooding communities and tributaries of the Columbia with poisonous sludge. (Kristyna Wentz-Graff/OPB)

Tribes entered into treaties with the U.S. government in the mid-1850s, ceding millions of acres but preserving their perpetual right to their “usual and accustomed” fishing areas; the Supreme Court later likened this right to being as important to Native people as the air they breathe.

But time and again, the U.S. has not upheld those treaties. Damming the Columbia River destroyed tribal fishing grounds and, along with habitat loss and overfishing, drove many salmon populations to near extinction, wiping some out entirely. Previous reporting has shown how the federal government failed in its promises to compensate tribes for those losses and in some cases worked against tribes’ efforts to restore salmon populations. In addition, the EPA has allowed cleanups to languish, and state regulators have been slow to rein in industrial pollution. That toxic pollution impairs the ability of salmon to swim, feed and reproduce.

Continually poor and declining salmon numbers have prompted the White House to acknowledge an environmental justice crisis in the Columbia River Basin.

The results of our testing for toxic chemicals point to yet another failure.

Salmon, first image, is prepped for a variety of tests, including evaluating for the presence of mercury, second image. (Kristyna Wentz-Graff/OPB) A Toxic Mystery

Questions over fish safety go back generations in some tribal families, predating government concerns by decades.

Karlen Yallup remembers tribal elders telling her the water had been clean enough to drink at Celilo Falls, their primary fishing site on the Columbia River. Yallup’s great-great-grandparents, members of the Warm Springs tribe, lived near the falls and would fish there every day.

Karlen Yallup

CONFEDERATED TRIBES OF WARM SPRINGS

On her relationship with salmon: “My grandma’s grandma … fished all day – gave thanks, treated the salmon with respect. … Then, [the area where they fished] was flooded. It was very devastating to the tribes. … Salmon would face some of the hardest times they would ever face. When the salmon is gone, we are gone.”

How she likes to prepare salmon: “So you first start by finely mashing the salmon up, and then you add the beaten eggs into the salmon, and then you salt and pepper it through the whole thing, then you shape the patties and put it in flour, make sure it’s fully covered and put it on the pan.”

As the industrial revolution boomed, farming, industry and urban sprawl grew throughout the basin. In 1957, the falls were submerged by water that pooled behind The Dalles Dam — one of 18 built on the Columbia and its main tributary, the Snake River, to turn the river into a shipping channel, irrigate farmland and generate hydroelectricity. By then, pollution from those new industries had dirtied the water.

Tribal elders told Yallup they knew the water was no longer clean enough to drink when they could see changes and hear differences in the way it ran. They also worried about the health impacts of Hanford, a sprawling nuclear weapons production complex dozens of miles upstream. Hanford became one of dozens of heavily polluted sites across the Columbia basin, considered one of the largest and most expensive toxic cleanups in the world.

Yallup said her elders began to suspect that whatever was getting into the water was getting into the fish. They became “very worried about the salmon getting the family sick,” she said.

It wasn’t until the 1990s, however, that the government and the broader public drew attention to the risk to people eating those fish.

In 1992, despite two decades of improving water quality under the Clean Water Act, an EPA study found chemicals embedded in carp from the Columbia River. The results alarmed the region’s tribes, which responded by working with the agency to test more fish and survey members about their fish consumption rates.

Those efforts revealed that tribal people, on average, eat six to 11 times more fish than non-tribal members. They also detected more than 92 different contaminants in the fish, some at levels high enough to harm human health.

In the years that followed, EPA staff expressed concerns over toxic contamination in report after report, but little happened in response. The issue officially became an agency priority during the administration of President George W. Bush, but the EPA repeatedly fell short of its goals to clean up toxic sites as responsible parties fought over how much it would cost, who would pay and how quickly it needed to be done.

Tracy Selam

YAKAMA NATION

On his relationship with salmon: “My father and mother taught me how to do this. Same with my grandparents. A long time ago, we cooked on alderwood. We get a stick or something and poke through the salmon, and then we’ll cook it on top of, right next to, a fire.”

How he likes to prepare salmon: “Usually I like it when they make dumplings … and then make ’em kind of like soup. How I make dumplings usually just get a pot, you can put it like halfway or fill it up all the way with water and once that boils, then you can get canned salmon or smoked salmon and break it up in there. Then you can either put a can of corn or dried corn. … Then once that boils down a little bit, then that’s when I would try to be done with the dough, which is just flour and water. Then you break off pieces into the pot.”

The agency also never had the money to fulfill its plans for continuous monitoring, said Mary Lou Soscia, the Columbia River coordinator for the EPA, leaving the agency unable to determine whether the river was getting cleaner.

“Nobody wanted to pay attention to toxics,” said Soscia, who has been working on river cleanup since the late 1990s. “But there are small amounts of studies that give us like those yellow blinking lights. And when tribal people eat so much fish, it’s something we have to be really, really concerned about.”

Finally, Oregon delivered in 2011 what was hailed as a breakthrough moment: It adopted new water-quality standards to protect tribal people’s health. The state vowed to restrict the amount of chemicals released by industrial facilities and wastewater plants so that people could eat over a third of a pound of fish per day without increasing their risk of health problems. That amount of fish was based on a survey of tribal members done in the 1990s.

Other states that share the Columbia River or its tributaries were slow to follow suit. Washington waited a decade to adopt equally protective standards; Idaho and Montana still have not.

But while Oregon was ahead of its neighbors, state regulators took few steps to ensure polluters actually met the state’s new limits. For as many as half the contaminants at issue, the state said it didn’t have the technology to measure whether polluters met the new stricter criteria.

The Oregon Department of Environmental Quality also said it didn’t have the staff to keep pollution permits updated. It let more than 80% of polluters operate with expired permits, meaning they weren’t even being held to new standards.

When asked in September for evidence of how the state’s highly touted standard has actually improved water quality, the DEQ said it “does not have significant amounts of data on the concentration of bioaccumulative pollutants in the Columbia River, and therefore does not have any trend information.”

Jennifer Wigal, DEQ’s water quality administrator, said the standards were implemented not because of pollution but to ensure that tribal diets were represented.

Lottie Sam

YAKAMA NATION

On her relationship with salmon: “I don’t think we would be here without this food. … Our parents or grandparents just taught us this way, you know, as we were growing up. … So now it’s a habitual thing. … It’s a delicacy, it has nutrients, it has medicine … and so, even today, in 2022, we’re still going to consume it.”

How she likes to prepare salmon: “Canning, I’ve been doing it for a long time so it’s simple to me. … Start with fresh salmon, then I add a little bit of salt and pepper. … It’s best to use a pressure canner. … You cut the salmon to fit in the jars, add the salt and pepper, clean the rim of the jar and make sure there are no cracks or anything, and you have to seal the lid.”

Wigal also said that when companies release harmful contaminants into the river, most are at such low concentrations that they are below the agency’s ability to detect them. Additionally, most of the contamination affecting fish, the DEQ said, comes not from those polluters but from runoff and erosion from industries like agriculture and logging.

But the DEQ also has yet to curtail that source of pollution. Along the Willamette River, which flows through Oregon’s most populated areas and feeds into the Columbia, the EPA determined last year that the state needed to cut mercury pollution from these sources by at least 88% if it was going to meet its standards for protecting human health.

Congress tried to take matters into its own hands, but it fell into the same pattern of bold plans and delayed action. In 2016 it amended the Clean Water Act, the seminal law governing water pollution nationwide, to require the EPA to establish a program dedicated to restoring the Columbia. It took four years and a nudge from the Government Accountability Office for the program to actually begin. That same year, in 2020, an EPA regional staffer found that broad swaths of the river were polluted with toxic chemicals and were below the standards of the Clean Water Act.

In an emailed response to questions, the EPA repeatedly said Congress gave the agency orders to clean up the Columbia but failed to provide the agency with funding to carry out the work. Even after the agency designated the Columbia an EPA priority, finally elevating the river to the same status as other major ecosystems like the Great Lakes and the Gulf of Mexico, it received no additional funding and staff for cleanup or long-term monitoring.

“That needs to happen,” Soscia, the agency’s Columbia River coordinator, said. “It hasn’t happened.”

A Disproportionate Risk

Had the government followed through on its plans for monitoring, it might have found what OPB and ProPublica’s testing revealed: that contamination was high enough that it would warrant at least one of the state health agencies to recommend eating no more than eight 8-ounce servings of salmon in a month.

For non-tribal people, who on average eat less than those eight monthly servings, the risk is minute. But surveys show members of some tribes in the Columbia River Basin on average eat twice as much fish as the agency’s recommended eight monthly servings.

The testing also revealed the potential for increased cancer risks from PCBs and another class of chemicals known as dioxins. Given an average Columbia River tribal diet, according to recent surveys commissioned by the EPA, the risk is as much as five times higher than what the EPA considers sufficiently protective of public health. This means that, based on the news organizations’ samples, roughly 1 of every 20,000 people would be diagnosed with cancer as a result of eating the average tribal diet — about 16 servings of fish each month — over the course of a lifetime.

The harm goes beyond the raw numbers. That’s because the risk is compounded by exposure from other fish and other toxic chemicals, such as pesticides and flame retardants in those same waters, that weren’t included in OPB and ProPublica’s testing because of cost constraints. Those chemicals are known to accumulate in fish. Beyond fish contamination, tribal populations already experience disproportionately high rates of certain cancers.

Public health officials caution that any cancer risks must be weighed against the many health benefits of eating fish, including the potential to lower the risk of heart disease. The Oregon and Washington health departments, like those of many states, do not assess cancer risk when setting public health advisories.

We showed the result of our testing to public health officials in both Washington and Oregon. Both groups said they would be taking further steps to assess salmon and the exposure risk to tribes.

Emerson Christie, a toxicologist with the Washington Department of Health who analyzed the results, said the department will consider whether to issue an official public health advisory based on the news organizations’ findings. “These results do indicate that there’s a potential for a fish advisory,” Christie said.

David Farrer, an Oregon Health Authority toxicologist who also reviewed the results, said the agency would coordinate with state environmental regulators and the Columbia River Inter-Tribal Fish Commission about additional testing or potential advisories.

Public health advisories and cooking guidance are a last-resort attempt to protect people when larger cleanup efforts fall short or don’t happen at all.

These advisories can also be plagued with delays. When tribes collected and tested tissue from the Pacific lamprey back in 2009, they found that the culturally important eel-like fish contained dangerous levels of mercury and PCBs. The Oregon Health Authority responded by issuing a consumption warning in October — but the process took 13 years.

And while advisories put constraints on tribes’ traditional diets, they don’t help with the larger issue: that the waters from which they are eating fish are still contaminated — with no plan to clean them up.

“The long-term solution to this problem isn’t keeping people from eating contaminated fish — it’s keeping fish from being contaminated in the first place,” Aja DeCoteau, executive director of the Columbia River Inter-Tribal Fish Commission, said when the lamprey advisory was issued.

Members of the Yakama Nation scale the slippery rocks in the Willamette River near Oregon City, Ore., during the annual lamprey harvest in 2017. (Ian McCluskey/OPB)

Wilbur Slockish Jr. is a longtime fisherman who serves on the inter-tribal fish commission.

It is wrong, Slockish said, for the government to allow pollution and then, instead of cleaning it up, decide it can tell people not to eat the fish they always have.

“That’s on the back of our people’s health, the health of the land, the health of the water,” he said. “We’re not disposable.”

A Fight Too Big to Ignore

Slockish eats a lot of fish.

He relies on stockpiles of jarred, dried or smoked salmon to get him through the winter. He said it’s not uncommon for him to eat more than a pound of salmon or lamprey in one sitting, sometimes multiple times per day.

He’s a direct descendant of the Klickitat tribe’s Chief Sla-kish, who signed the Yakama Treaty of 1855, guaranteeing his people’s right to the fish. At that time, studies estimate that, on average, Native people in the region ate five to 10 times more fish than they do today. Slockish is not going to stop eating fish because of warnings about chemical contamination.

He doesn’t see the alternatives as any better. Many in his family have struggled with heart disease, diabetes and cancer. He connects it to their being forced away from the river and made to eat government-issued commodity foods full of preservatives.

“All of our foods were medicine,” he said. “Because there were no chemicals.”

Research across the globe has connected the loss of traditional diets with spikes in health problems for Indigenous populations. In one West Coast tribe, the Karuk of Northern California, researchers found a direct link between families’ loss of access to salmon and increased prevalence of diabetes and heart disease.

Public health experts agree that wild salmon, wherever it’s caught, remains one of the healthiest sources of protein available, and that chemicals can also contaminate other foods beyond just fish.

A member of the Confederated Tribes of Warm Springs prepares wind-dried salmon the traditional way, inside a drying shack, in September 2021. After she removes the heads and bones, the salmon is sliced into strips, salted and hung to dry for several days. (Arya Surowidjojo/OPB)

Tribal leaders also worry more about their members getting too little fish than too much of it. And because salmon are a primary income source for many tribal fishers, they worry that fears over fish safety will drive away customers.

But for Columbia River tribes, fish are also a cultural fixture, present at every ceremony. They are shared as customary gifts. Babies teethe on lamprey tails. Salmon heads and backbones are boiled into medicinal broths for the sick and elderly.

Tribes up and down the river continue to fight for their right to a traditional diet and to clean fish.

Yallup, from the Warm Springs tribe, decided to become an advocate for salmon after hearing from her grandmothers how much more limited their traditions had become.

She’s on track to graduate in December from Portland’s Lewis & Clark Law School. Yallup chose the law profession to fight for salmon, she said, and to change laws to protect the river from pollution.

“If I had a choice, I would just be a fisherman. I felt the responsibility to have to leave the reservation and have to go to law school,” Yallup said. “It’s such a big fight now. It’s kind of impossible to ignore.”

Earlier this year, tribes successfully lobbied for one of their Columbia River fishing sites just east of Portland, known as Bradford Island, to be added to the list of polluted places eligible for cleanup money from the federal Superfund program.

The east end of Bradford Island, where the U.S. Army Corps of Engineers dumped toxic materials into the Columbia River. The island was added to the list of polluted places eligible for cleanup money from the federal Superfund program. (Monica Samayoa/OPB)

In August, the EPA received $79 million to reduce toxic pollution in the Columbia River as part of President Joe Biden’s Bipartisan Infrastructure Law. It is the most money ever dedicated to reducing Columbia River contamination. It’s also a fraction of what tribes and advocates say is needed.

The Yakama Nation is using some of that EPA money to lead a pilot study into the kind of long-term monitoring that has been a recognized need for decades.

Laura Klasner Shira, an environmental engineer for Yakama Nation Fisheries, said the tribe put together four federal grants to pay for its pilot study, which is limited to the area around Bonneville Dam, east of Portland. They hope someday it could grow to span nearly the entire length of the Columbia, up to the Canadian border. But it took 10 years to get as far as they are now.

“It’s disappointing that the tribes have to take on this work,” she said, noting that government agencies not only have treaty and legal responsibilities but better funding. “The tribes have been the strongest advocates with the least resources.”

They will sample resident fish, young salmon on their way to the ocean, and adult salmon after they’ve returned.

They have two years to finish the work. After that, funding for their monitoring becomes a question mark.

Methodology

Oregon Public Broadcasting and ProPublica reporters conducted interviews and listening sessions with tribal leaders, toxicologists and public health experts, many of whom became informal advisers throughout the project. Tribal leaders expressed support and interest in additional fish testing. Based on these conversations, the reporters developed a preliminary methodology to test salmon for toxics in a stretch of the Columbia River. The reporters sent this methodology to the same informal advisers for review.

A reporter purchased 50 salmon from tribal fishers upriver of the Bonneville Dam, in the zone of the river reserved for tribal treaty fishing. The majority of the fish were fall Chinook salmon, with two coho salmon and one steelhead. The fish were caught in late September 2021. With the salmon in hand, a reporter gutted the fish, removed the heads and cut them into pieces so they would fit into five coolers. The fish were placed on ice in five different coolers, with 10 fish of roughly the same size placed in each cooler.

Testing of fish can be done on the whole body of the fish, on a fillet with the skin on or on a fillet with the skin removed. Although many people, particularly in tribal communities, consume the head of the fish, reporters asked the laboratory to test fillets with skin because it was determined to capture the best approximation of what’s most often consumed in tribal diets.

A reporter sent the fish samples to ALS, a certified laboratory, and followed ALS protocols for the collection and delivery of samples. The laboratory combined fish to create five new composite samples, each one with 10 fish. (Creating composite samples enables more fish to be tested without raising laboratory costs.) Then, ALS technicians conducted testing to assess levels of 13 metals and two classes of chemicals in each of the five fish samples. In March 2022, ALS sent OPB and ProPublica an analytical report that included the case narrative, chain of custody and testing results, which we again shared with experts and public health officials as we developed a plan to analyze the results.

As a first step, the reporters conducted quality assurance checks on the testing and processed the data. While doing so, the reporters encountered testing limitations that prompted them to make two choices that are standard in both national and international approaches to fish toxics testing:

  1. ALS tested for general mercury, yet methylmercury is the form that is most concerning to public health. The EPA and European Food Safety Authority assume 100% of mercury sampled in fish tissue is methylmercury. The reporters adopted the same approach.
  2. ALS tested for arsenic, yet inorganic arsenic is the form that is most concerning to public health. The reporters found that there isn’t as much of a cohesive approach toward identifying the proportion of arsenic that is inorganic without directly testing for it. The Idaho Department of Environmental Quality recently launched a sampling effort where researchers found that, on average, about 4% of the arsenic in fish is inorganic. The department’s study is one of the most robust examinations of inorganic arsenic concentrations near the Columbia River. The Oregon Health Authority takes a different approach. David Farrer, a toxicologist with the agency, said they would initially assume 10% of arsenic is inorganic and, if the results signaled the levels could harm human health, they would then reanalyze any leftover sample specifically for inorganic arsenic. If that were not possible, the health department would not use the data at all. Given these uncertainties, OPB and ProPublica chose not to move forward with assessing cancer risk of inorganic arsenic since the news organizations did not specifically test for it.

The reporters then calculated the average concentration of chemicals across each of the wet weight samples. They then assessed how these results compared to EPA, Oregon Health Authority and Washington Department of Health standards.

Of the 13 metals and two classes of chemicals tested, three contaminants surpassed federal and local standards at varying levels of fish consumption: mercury, or methylmercury; polychlorinated biphenyls, or PCBs; and dioxins/furans.

The reporters shared their methodology and findings with experts for review. Toxicologists with the Oregon Health Authority and the Washington Department of Health, as well as former and current EPA scientists, reviewed the results and, in some cases, conducted their own calculations to assess how the testing findings compared to their respective standards. The reporters then met with each of these individuals to talk through the findings, ask and answer questions, and ultimately update their own findings to incorporate feedback. The experts’ feedback was consistent with one another. This process led to the finding that concentrations of mercury (methylmercury) and PCBs would warrant the EPA and at least one state health agency to recommend eating no more than eight 8-ounce servings of salmon in a month. The equation used for these calculations can be found in this Oregon Health Authority report (Page 4) and this Washington Department of Health report (Page 35).

Simultaneously, OPB and ProPublica calculated the estimated cancer risk from consuming salmon with the contaminant levels found through our testing. For each contaminant, a reporter calculated the levels of exposure for multiple scenarios based on how different populations eat, including general population consumption and average and high rates for Columbia River tribes, which were based on consumption surveys. The amount of contamination assumed in this calculation was taken from the 95% upper confidence limit of the test results. Current and former EPA scientists reviewed the methodology and calculations.

To calculate lifetime cancer risk, the dose of a probable carcinogen must be multiplied by a cancer potency factor, which estimates toxicity. Cancer potency factors, also known as slope factors, were sourced from this EPA report. Former and current EPA officials, as well as an epidemiologist, reviewed the calculations and results.

We also factored in the following consideration: Under EPA guidance, when calculating safe levels of exposure to different chemicals, the agency calculates monthly limits to the exact number of meals a person should eat. But it then rounds that down to the nearest multiple of four in an effort to make risk communication easier to follow. For example, if one were to find that the levels of dioxins would warrant that someone only eat five fish per month to avoid excess cancer risks, that would be rounded down to the four fish per month.

Ultimately, this led to the finding that, based on the levels of dioxins in our samples, anything above four 8-ounce servings of these tested fish each month would create an excess cancer risk beyond the EPA’s benchmark of 1 in 100,000. That means of 100,000 people exposed to these levels of contaminants, one of them would develop cancer as a result of the exposure.

Help Us Understand Pacific Northwest Salmon and Treaty Rights

by Tony Schick, Oregon Public Broadcasting, and Maya Miller, ProPublica

Real Estate Investors Sold Somali Families on a Fast Track to Homeownership in Minnesota. The Buyers Risk Losing Everything.

2 years 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 produced in collaboration with Sahan Journal, a nonprofit newsroom dedicated to covering Minnesota's immigrants and communities of color. Sign up for Sahan’s free newsletter to receive stories in your inbox.

For many Somali families in Minnesota, the barriers to home ownership have long seemed insurmountable: reluctant lenders, low incomes, short work histories, little credit.

Members of the East African Muslim community encounter an additional, unique challenge: Because of the principles of their faith, many avoid paying or profiting from interest. This means they typically won’t apply for traditional mortgages. As a result, the conventional path to buying a house — and the accompanying hope of building generational wealth — has been nearly impossible.

Roughly three years ago, a handful of lending firms began offering an “interest free” way to buy a home. Word spread fast in Minnesota’s Somali community, which numbers about 80,000 people. Families began moving out of their cramped apartments and government-subsidized housing and into homes in the suburbs with expansive lawns and enough bedrooms for their large, multigenerational families.

The seeming solution came in the form of a short document with three boldfaced words at the top: “Contract For Deed.” An alternative way to purchase a house, a contract for deed is, at its simplest, a financial agreement in which a buyer pays the seller directly in installments. No mortgage. No bank.

But seller financing, as it is also known, lacks key protections for the buyer. Until the final payment is made, the seller holds the ownership papers to the property, and the contract can be canceled by the seller if the buyer falls behind on their monthly payments. If that happens, the buyer forfeits all the money they’ve put into the purchase, including the down payment. The seller could then evict the buyer after as little as 60 days.

Many buyers mistakenly believe if they make the monthly payment stipulated in their contracts, they will successfully pay off the home by the end of the contract term. But those payments may only add up to a portion of the price of the home, and the buyer is expected to make up the difference with a lump-sum payment, known as a balloon, or by refinancing the loan. The lenders almost have an incentive for contracts to fail. They get the home and pocket the payments.

To prospective Somali buyers desperate for extra space, safer neighborhoods with better schools and the chance to pass a home on to their children, any deal was better than no deal.

One of those buyers was a long-haul truck driver who for years had rented an apartment in a Minneapolis suburb. The apartment was too small for his wife and their growing family; their children had to double and triple up in the bedrooms. Buying a house had always been the couple’s goal, but the husband believed his credit score was too low.

Still, he couldn’t help himself from perusing listings on real-estate websites and attending the occasional open house. One day, he took two of his children with him.

“‘Hey, Dad, this house has more bedrooms. This house has a playground.’ They’ve never seen their own yard,” said the trucker, who spoke to ProPublica and Sahan Journal on the condition he not be named. “They were really excited. That’s when I say: ‘OK, I can do it. If my kids are happy like this, I can do it.’”

The trucker, a quiet, nattily dressed man in his mid-30s, contacted a friend who recently had bought a house and asked how he did it. The answer: a contract for deed. Following the same steps as his friend, this summer the trucker purchased a spacious home in an outer-ring suburb south of Minneapolis.

But just two months later, he said, the contract had already become unmanageable. His family is at risk of losing not only the house, but about $100,000 they have paid, including a hefty down payment. He said he never understood the disadvantages and quirks of the contract for deed.

Now, it’s too late to get out of it.

“It’s really scary,” he said. “To be honest, you’re sleeping right there and you can’t think of it as if it’s your house.”

(Imran Hussein, special to ProPublica)

Fartun Weli, the CEO of Isuroon, a nonprofit that advocates for Somali women and girls, said her housing team has been trying to gauge the scope of the problem in the Twin Cities, where affordable housing is scarce.

She estimates at least 100 Somali families had purchased homes with contracts for deed but believes there could be many more. Last year, more than 1,800 contracts for deed were signed in Minnesota’s 11 most populous counties — all of which have more than 100,000 residents and which include Minneapolis and St. Paul, as well as cities such as St. Cloud, Rochester and Duluth. (Neither the state nor counties track these sales by race or ethnicity.)

Many of those contracts were for newly constructed, multibedroom homes that sold in the mid to high six figures; some sold for close to $1 million. According to the contracts, buyers could lose hundreds of thousands of dollars if they default, as well as the house itself.

Sahan Journal and ProPublica spoke to five Somali homebuyers who said they signed contracts they did not understand, though none would agree to be identified. Weli said she is alarmed that so many Somali families are entering into precarious real estate transactions believing they have found a “shortcut” to homeownership.

“It’s so delicious, the bait. Well, you don’t really know when you swallow there’s a sourness, a small piece of cyanide that’s getting to you,” Weli said. “Contract for deed is really an amazing trap for our community.”

There is nothing illegal about contract-for-deed agreements. Defenders say they offer an alternate path to home ownership for people whose financial circumstances don’t fit the standards set by conventional mortgage lenders.

“There are buyers out there who don’t necessarily have pristine credit. That’s the purpose of a contract for deed,” said Larry Wertheim, a real estate attorney in Minneapolis who has worked with these kinds of agreements for decades. “They do serve a purpose. But, you know, they can be abused, too.”

But Wertheim and other housing advocates say the market needs stronger consumer protections.

In the wake of the 2008 housing crisis, the number of contract-for-deed agreements spiked, sparking a wave of defaults.

“Most of those contracts for deed were designed to fail,” said Luke Grundman, litigation director at Mid-Minnesota Legal Aid. “They may have sunk tens of thousands of dollars into the down payment and monthly payments. And then it’s not just the actual money but the false hope of homeownership.”

Since 2012, the number of contracts in Minnesota’s 11 most populous counties declined, from a high of about 2,500 that year to a low of about 1,500 in 2020. But that downward trend ended last year. As the number of contracts has rebounded, a growing market has emerged: Somali homebuyers seeking interest-free financing.

“Don’t you want your own property ... a house your whole family can fit in?” says the website for C4D LLC, one of the largest contract-for-deed providers in Minnesota and whose site is in Somali and English. “Buying a house in the States normally asks you to pay interest. Or to have a good credit score. But you don’t have to if you choose a contract-for-deed agreement.”

Steven Legatt, a partner at C4D, said his business grew out of an existing market for car loans serving the Somali community. His company offers both interest-free and conventional contracts for deed, and he described his customer base as mostly Somali, including first-time homebuyers.

“They’re generally large families, and a lot of them are bumping their heads in their rentals,” Legatt said. “They wanted to put their money towards purchasing a house, not just renting.”

The company purchases homes using mortgages from a conventional lender. Then, it sells the houses — often on the same day and at a higher price — to buyers through a contract for deed. It is one of several companies that Sahan Journal and ProPublica identified that flip homes in this way.

Jeff Scislow is a real estate agent who began advertising his contract-for-deed services on a Facebook page called “My Somali Home,” since renamed “My Interest Free Home.” While Scislow said he screens potential buyers and writes contracts with clear payment schedules, he knows other sellers don’t.

He called the market in the Twin Cities “the Wild West.”

In the background of all this: For decades, Minneapolis and St. Paul have recorded some of the biggest racial homeownership gaps among the nation’s metro areas. According to the Urban Institute, a nonprofit research organization, 21% of all Black families in the Twin Cities own their homes, compared with 70% of white families. Research by the Amherst H. Wilder Foundation, a nonprofit community organization in St. Paul, estimates that only 10% of Minnesota Somali families own their home.

In 2013, Minnesota lawmakers, responding to a Star Tribune investigation, passed a law to curb the excesses of contracts for deed. The statute requires sellers who write more than four agreements a year to provide buyers with a notice spelling out the transaction’s disadvantages. But the notice is just a list of recommendations and warnings; no state agency is tasked with enforcing it, and buyers have to sue the seller to trigger any potential penalties. The law also does not require sellers to verify buyers’ ability to repay their debts.

Legatt said he typically attends closings to answer buyers’ questions and tries to make sure the contracts are in his buyers’ best interest. But, he said, he generally doesn’t have a uniform process for screening buyers and doesn’t verify buyers’ incomes with documentation like paystubs, which is standard practice when getting a mortgage from a bank.

At a recent closing, he said, he had to explain to a potential buyer that they would not actually own the house until the contract was satisfied. He said that he provides an interpreter when needed.

“We have built our business the right way,” he added in an email.

Under a contract for deed, buyers assume many of the risks and responsibilities of a traditional owner, and yet they can face terms that are harsher than mortgages.

Unlike a mortgage from a bank, which typically needs to be paid off in 15 or 30 years, contracts for deed often come due in five or 10 years; some contracts reviewed by ProPublica and Sahan Journal were even shorter. An assessment of the value of the house, known as an appraisal, is not required to determine the selling price. The buyer is responsible for all repairs and renovations, as well as insurance costs on the property.

“All the obligations of ownership come to you without really any of the benefits of ownership,” said Ron Elwood, supervising attorney at the Legal Services Advocacy Project, the policy advocacy arm of Legal Aid in Minnesota.

The amount of the lump-sum, or balloon, payments, which can be tens or even hundreds of thousands of dollars, may not be spelled out in the contract terms; the payment dates may also be unclear. And sellers may expect these buyers to pay off the contract by obtaining a conventional mortgage for the remainder of the balance.

Some Somali contract buyers told Sahan Journal and ProPublica that they signed documents without reading them, relying instead on verbal explanations from people they thought were trustworthy.

Some of the lawmakers behind the 2013 legislation agreed that more needs to be done to protect homebuyers.

“We got the ball somewhat down in the field, to borrow a football analogy,” said State Rep. Jim Davnie, a Democrat from south Minneapolis who sponsored the legislation. “Was it everything that was needed at the time? Probably not.”

States like Arizona and Florida have laws affording buyers more protection, like a requirement that canceled contracts be handled through the foreclosure process. This gives the buyer more time to pay the overdue balance or at least some options to recoup their money.

“We need to think very hard about following some of these other states’ leads and providing more protections and more balance in the statute to make it so that if the deal fails, it’s not a total washout,” Elwood said.

Some critics say Minnesota should take an even tougher stand against contracts for deed.

“It should not be legal, not this way, in Minnesota,” said Shirwa Adan, the executive director of the Central Minnesota Community Empowerment Organization, a nonprofit serving the Somali community in St. Cloud. “It’s targeting our community.”

Wafiq Fannoun, the owner of a Minneapolis-based Islamic financial consulting business called Reba Free LLC, said Islam allows flexibility when a family is facing dire circumstances or when there are no alternatives. A handful of lenders in Minnesota offer Islamic or halal financing: loans that buyers can pay off through interest-free installments.

But some prospective buyers still can’t qualify for those loans, which leaves contract for deed as one of their last options.

“Those people really need to make sure that in the process they are not being used or abused,” Fannon said.

Once the truck driver and his wife decided to buy, they visited the same real estate agent his friend had used. The agent, Ismail Harun, showed them a newly constructed home and explained the terms of a five-year contract.

In the Somali community, business deals are sometimes struck verbally and reputation matters. The trucker liked what he heard. The real estate agent connected the trucker with the principal of an investment company called Banken Holdings LLC.

Chad Banken, of Banken Holdings LLC, is listed as the officer of at least four other companies that sell homes through contracts for deed. Taken together, his companies have sold at least 100 properties since 2019, according to property records, making him one of the largest contract sellers in the state.

Banken has been a figure in Minnesota real estate for more than a decade. In the 2000s, he was a defendant in two federal lawsuits filed by homeowners attempting to save their homes from foreclosure. According to the lawsuits, Banken’s companies arranged to buy the homes and then resold them at a higher price to their former owners.

In both cases, the buyers fell into default but alleged they’d been misled — one of the cases was covered in 2006 by Minnesota Public Radio as an example of “mortgage foreclosure rescue” services gone bad. Banken denied misleading anyone and the lawsuits were settled. Banken did not return calls or respond to a detailed list of questions for this story.

Banken promotes his current contract-for-deed program on websites with names like “A Good Deed” and “Slow Flip LLC,” which call contracts for deed a “forgotten tool.” The sites say buyers must have 10% of the house price or $30,000 — whichever amount is larger — for a down payment; a “reasonable” income; and an “exit strategy” to pay off the contract at the end of its five- to 10-year term.

“Typically refinancing with a mortgage is the plan, but some exit strategies involve selling the property or making large periodic payments. Having a reasonable plan is critical to success with A Good Deed contract for deed,” one site reads. “A relief for many buyers is that YOUR CREDIT SCORE IS NOT A FACTOR.”

The truck driver bought his home according to Banken’s script: On the day of the sale, Banken’s company purchased the house using a conventional mortgage and then sold it to the trucker at a markup. The trucker and his wife put 10% down and agreed to monthly installments that were more than triple what they had been paying in rent.

The trucker said he believed that, if he worked longer hours and his wife got a job, they could swing the monthly payment, as well as make an additional $50,000 payment at the end of each year. But almost as soon as the family moved in, inflation hit the trucker’s bottom line. The cost of diesel went up and the loads he was carrying got smaller, making the monthly payments a struggle. After the trucker read the terms of his contract again, he realized his debt was even steeper; he wouldn’t be able to pay off the contract.

What’s more, the contract included interest at a rate of about 6% — which defeated the main reason to use a contract for deed. After five years, he would still be more than $500,000 in debt, which would come due all at once.

At that point, if the family couldn’t pay the balance or refinance, they could lose their home and have to walk away from nearly $300,000 in payments.

(Imran Hussein, special to ProPublica)

Since then, the trucker has been looking for help to get out of the deal. This summer, he and his wife walked into the Bloomington offices of Sakan Community Resource, a nonprofit that provides financial counseling and homebuying classes to the Muslim immigrant community. The trucker gave Executive Director Johanna Osman a copy of the contract he’d signed.

Although she’d heard from friends and colleagues that more and more Somali families were buying homes this way, it was the first contract Osman had seen with her own eyes.

“While I was reading, I was getting really angry,” she said. “Oh, it was insidious.”

The trucker also spoke to one of the banks in Minnesota that offer Islamic financing. But he said it turned him down because the price he’d agreed to pay for his house exceeded the appraised value.

“The problem is that the markup is just kind of a made-up number,” said Wertheim, the attorney who specializes in contracts for deed. “The real disconnect is [the buyers] think: ‘All right, I’ve done this deal. At the end, I will own it.’ No, they won’t. You’ve got a balloon. That’s the problem, and it’s made more difficult by the fact that you overpaid.”

The trucker said his real estate agent, Harun, misled him about how the contract could be paid off in five years. Harun, who has sold multiple homes with Banken-backed contracts for deed, denied misinforming his clients and said he warns buyers that some contracts are overpriced and include interest. He connected Sahan Journal and ProPublica with a client who said that Harun explained the terms clearly.

“I can advise them, but I cannot force them. And I’m not here to make decisions on their behalf,” Harun said. “Whoever’s doing the loan, that’s the person who has to explain to them what the terms are, what the down payments are, what the rates are, how they pay and all that stuff.”

Osman said she is trying to work with families to bring complaints about predatory practices to the attorney general’s office. Weli, of Isuroon, said her organization is building a legal team to help families who have bought through contracts for deed. But she added that many buyers are ashamed and afraid.

“These families are not talking. They’re not talking. They’re just disappearing,” she said. “So then there’s a lack of accountability.”

On a visit this summer, the trucker stood in his finished basement gazing out onto the verdant backyard that he’d wanted so much for his children. The room was almost empty. He’d been so worried about losing their home that he stopped trying to furnish it.

Signing the contract, he said, was the biggest mistake of his life.

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by Jessica Lussenhop, ProPublica, and Joey Peters, Sahan Journal, with data analysis by Haru Coryne, ProPublica

How Jessica Logan’s Call for Help Became Evidence Against Her

2 years ago

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This story contains detailed descriptions of the death of a child.

Detective Eric Matthews decided Jessica Logan probably killed her baby before he talked to a single eyewitness or collected almost any evidence. At that point, on Oct. 9, 2019, the coroner hadn’t yet announced a cause of death. What Matthews did have was a recording of Logan’s 911 call from two days earlier.

The detective scribbled notes as he listened.

“Jessica,” the 911 dispatcher said at one point, “take a deep breath for me, OK?”

“I can’t,” Logan replied, inhaling sharply to force the words out. “That’s my baby.”

“I know. I know.”

“I need my baby.”

The call had come in just after 3 a.m. from a duplex in the heart of Decatur, Illinois. On the tape, Logan struggled to gain her composure as the dispatcher asked what had happened.

“I came in my son room to try to give him a breathing treatment because he needs breathing treatments,” Logan said as she sobbed. “And he’s not breathing.”

She had found her 19-month-old son Jayden tangled up in his bed sheets, face down and stiff, one arm bent above his head and white foam spilling out of his mouth.

“He’s so cold and hard,” Logan said.

“What?”

“He’s so cold and hard.”

Rigor mortis had already begun to set in by the time Jayden’s grandmother and her husband rushed into the apartment. For the final two minutes of the call, Logan could no longer speak. There were only screams.

All of this, the detective concluded after the recording stopped, was an act: The 25-year-old mother of two had likely staged the scene to cover up a murder. He had the evidence right there on tape, and now he was going to build his case against her. Matthews, a veteran on the Decatur police force with buzzed hair and an even temperament, didn’t reach this revelation by applying some tried-and-true police method or proven science.

Logan and her sons in May, 2018. Jayden, the younger son, died nearly 17 months later. (Photo by Hope Bradford.)

Five months earlier, he had taken a two-day law enforcement training course called “911 homicide: Is the caller the killer?” that was held at a nearby community college. The instructor, who is the chief architect of the discipline, promises those who attend his classes they’ll leave with the power to solve murders by listening to a 911 call.

For more than a decade, the training program and its methods have spread across the country and burrowed deep into the justice system, largely without notice. Pitched exclusively to law enforcement, others in the justice system, including defense lawyers and judges, often learn police have used the technique for the first time in the courtroom.

Today there are hundreds of police officers, prosecutors, coroners and dispatchers nationwide who have taken the course and could now present themselves as experts, able to divine truth and deception — and guilt and innocence — from the word choice, cadence and even grammar of people reporting emergencies.

For Matthews, Logan presented a textbook case on which to apply his newly minted skills. She did not explain precisely what had happened until almost a minute into the 911 call, and she never explicitly asked for an ambulance for Jayden. These, the detective noted in a report, are “indicators of guilt.”

She gave information in an inappropriate order. Some answers were too short. She equivocated. She repeated herself several times with “attempts to convince” the dispatcher of Jayden’s breathing problems. She was more focused on herself than her son: I need my baby instead of I need help for my baby. And when asked if Jayden was beyond any help, Logan said, “I think he’s gone.” She had “already accepted that Jayden was deceased,” Matthews noted in his report.

According to the detective, almost everything Logan said — and didn’t say — was evidence of her guilt.

He documented his findings and then got to work sharing them. His interpretation of her 911 call that day would come to play a profound role at almost every turn of the case that followed, while Logan’s family, already shattered by one unspeakable loss, reckoned with the possibility of another.

Listen to critical moments in Jessica Logan’s 911 call and read the lead detective’s analysis.

Here’s How Police Used Dubious “911 Call Analysis” to Determine Jessica Logan Was Lying

The lead detective heard her 911 call and concluded it was full of “indicators of guilt.” His analysis played a crucial role throughout the case.

(Interactive by Jeff Frankl and Lucas Waldron)

Matthews did not respond to multiple interview requests, and the chief of the Decatur Police Department declined to comment or make any of his staff available for an interview. Neither replied to a list of detailed questions.

In the coming weeks, ProPublica will reveal the origins of 911 call analysis and the local, state and federal agencies that foster it, despite a consensus among experts that its application is scientifically baseless. Police and prosecutors continue to leverage this method against unwitting defendants across the country, ProPublica found, in some cases slipping it past judges to present it to jurors.

Listen to more of Jessica Logan’s 911 call

The case against Jessica Logan — reconstructed here from dozens of interviews, videos and audio recordings, as well as more than 1,000 pages of internal emails, text messages, police reports, court filings and other records — illustrates the fragility of long-established legal protections meant to guard against junk science and its impact on families.

Hope Bradford, a mother of three with eyes that smile before her mouth can catch up, took in Logan, her son’s then-girlfriend, when she was 17. It was an unofficial adoption after Logan’s biological mother died of cancer. She’s called Bradford “Mom” ever since. To Bradford, Logan is “Butterball.” Only Jessica if she’s in trouble: Jessica when she cut class; Jessica when she was arrested for shoplifting as a teenager; Jessica when she got caught joyriding her father's Chevy and showed up at Bradford’s doorstep.

Bradford at home (Mauricio Rodríguez Pons and Nadia Sussman /ProPublica)

Watch video ➜

Bradford’s tone, normally buoyant, drops low and icy when she’s meting out discipline to her kids and grandkids. “You’ve got to get your shit together,” she told Logan one time after her new daughter backslid. Like most do when Bradford gives orders, Logan obeyed.

Bradford’s son, Shawneen Comage — father to Logan’s two boys — did not. In October 2018, he was arrested for punching Logan in the face six or seven times, just feet from where Jayden slept, child services records show. He was convicted of domestic battery. Comage had abused her before over the years, his fits of rage memorialized by holes pockmarked in the drywall around his bedroom. In an interview, he said he regrets that part of his past and that he’s come a long way since.

After the episode in 2018, a state child services investigator noted that Logan seemed “somewhat complacent” about Comage’s violence. It’s not far from how friends and family describe her: gentle and guileless, with a placid affect that can be difficult to read. Her narrow green eyes often stare vacantly. As a child, she was diagnosed with a learning disability so severe that she qualified for government benefits after graduating high school. She needed the questions on her final exams read to her.

Family photos of Logan as a teenager (Mauricio Rodríguez Pons/ProPublica)

When Logan speaks, she takes long pauses to think over an answer, and the words fall out of her mouth slowly. She drags vowels. She repeats herself often. “It’s like she’d be in a daze about certain things,” one relative observed. “I don’t want to say Jess is slow,” another said affectionately before trailing off.

Logan turned 22 and moved into her own apartment, the first that felt like a real home after brief stints in two other places. It was a Section 8 duplex with white vinyl siding minutes away from Bradford. Logan loved the clean carpets and playground right outside where she could snap pictures of Jayden and her older son Je’Shawn playing together. She recorded hundreds of such moments — the mundane and the milestones: first steps, spaghetti dinners, birthday parties, even trips to the doctor.

Logan felt independent. She started to plan a future for her family, maybe somewhere down south. She researched U-Haul prices and affordable housing options. “My goal,” she said later, “was to have three kids and own my own house before the age of 30.”

Logan documented her life with her children in hundreds of cell phone pictures and videos. (Jessica Logan)

But the bills piled up quickly. She tried to keep her head above water with odd jobs and babysitting gigs, relying largely on food stamps and whatever she could borrow from family and payday loan companies. More than once, she overdrafted her checking account to buy gas and diapers. Bradford, a certified nursing assistant, eventually helped her land a full-time job in the kitchen at a nearby long-term care facility.

On the afternoon of Oct. 6, 2019, Bradford picked up Logan and the boys and drove to Walmart. Jayden — who had grown thickset, with curly black hair and a pigeon-toed waddle — needed new socks and sippy cups. Just socks for Je’Shawn. Logan had $20 in her pocket and nothing in the bank as she pushed Jayden in the shopping cart.

Bradford told Logan, “You need to get some new underwear, Butterball,” something she had discovered after finding tattered panties in the laundry. But the $20 was just enough to cover the boys. At checkout, Bradford paid for the underwear and then dropped all three back home.

Hours later, just after 3 a.m., Bradford’s phone rang. On the other end, Logan wailed. Jayden or Je’Shawn — Bradford couldn’t make out which one — wasn’t breathing. She told Logan to hang up and call 911.

Bradford and her then-husband, Clint Taylor, sped to the duplex, through red lights, in less than two minutes. Taylor jumped out before the car stopped rolling and bolted inside, where he found Logan talking to the 911 dispatcher and cradling Jayden’s body.

Photos of Jayden's bed and Paw Patrol sheets (Obtained by ProPublica from the Decatur Police Department)

When Bradford came into the living room, both women began to scream. Taylor scooped Je’Shawn up and carried him outside toward the flashing lights that had arrived on the scene. Firefighters rushed in, but it was too late.

When the coroner took Jayden’s body away, “I observed Jessica to be very upset and crying,” a patrol officer wrote in his report. “After giving her time to calm down, I conducted an interview.”

When a child dies, families are tormented by what they don’t know. Sometimes babies and toddlers just stop breathing in their sleep, from accidental asphyxiation, illness or a maddeningly unclear combination. In 2019, at least 125 children Jayden’s age died of “undetermined causes” in the U.S., according to government estimates, a phenomenon known as Sudden Unexplained Death in Childhood. More than 200 were killed in homicides.

The cemetery where Jayden Comage is buried (Mauricio Rodríguez Pons and Nadia Sussman /ProPublica)

Watch video ➜

There often appears to be little way of distinguishing between the two explanations. Absent definitive physical evidence, police may try to fill the gap with circumstantial clues, assigning meaning to how family members behaved before and after. The grieving parent becomes a suspect.

Once they decide a death is a homicide, detectives have an array of tools at their disposal. For decades, law enforcement has repeatedly embraced the latest evidence to fall under the banner of “forensics.” Bite marks, hair follicles, roadside drug tests, written statements, polygraphs and blood spatter have all been analyzed with techniques that were later called into question.

Still, some prosecutors have accepted this evidence as fact before they leverage it in plea deals or judges allow them to present it to juries. At least 416 people nationwide have been exonerated since 2012 after they were convicted with faulty forensics or misleading expert testimony, according to data from the National Registry of Exonerations, a project from three universities.

Similarly, 911 call analysis is a measure of law enforcement’s credulity, favored in cases with few witnesses or other evidence to differentiate an accident from a murder. Use of this method is still a well-kept secret among police and prosecutors, who almost never share their analyses publicly. In emails with one another, however, they extol its value in solving murders and frequently consult with the program’s chief architect, a retired deputy police chief from suburban Ohio named Tracy Harpster.

Emergency 911 calls are, without doubt, critical pieces of information for investigators. They often establish a raw first-hand account and timeline that can later be checked against other evidence. But Harpster preaches they are also much more: The recordings are ciphers that can be decoded to help solve murders, if, and only if, you take his training course. He gets paid up to $3,500 to teach an eight-hour class.

Tracy Harpster, chief architect of the 911 call analysis training program, and a sample of “guilty indicators” from his model (Photo illustration by Mauricio Rodríguez Pons/ProPublica. Sources: Macon County State's Attorney's Office and Toledo Police Department website.​​)

One in three callers reporting a death, Harpster claims, betray their true involvement with unconscious word choices, omissions and patterns of speech — what the program calls “indicators of guilt.” For instance, “Huh?” in response to a dispatcher’s question is a guilty indicator. So is an isolated “please.” Other indicators are more subtle and subjective: Did the caller provide “extraneous information”? Was there too little urgency in their tone? Too many Freudian slips or other “mental miscues”?

Those who take the training are given a simple checklist to track how many of these errors a caller commits. Harpster first began developing the list as a criminal justice graduate student. For his master's thesis in 2006, he listened to 100 recordings and claimed that certain indicators correlate with a caller's guilt, and others with innocence.

Today, Harpster tells students they can use the model — which he and two coauthors later expanded on in a peer-reviewed exploratory study — to predict a 911 caller’s role and h​​elp solve murders. If there are enough guilty indicators, he often says, then the call is “dirty."

Twenty researchers from seven federal government agencies, universities and advocacy groups have tested Harpster’s model against other samples of 911 calls to see if the guilty indicators he had identified did, in fact, correlate with guilt. They’ve consistently found no such relationship for most of the indicators. In two separate studies, experts at the FBI’s Behavioral Analysis Unit warned law enforcement officials to exercise caution when using 911 call analysis because their results contradicted so many of Harpster’s claims.

Given the popularity of the training course, one researcher told ProPublica, “we had to make sure it could be replicated — and it couldn’t.”

Patrick Markey, a psychologist at Villanova University who has been studying 911 calls, added that he’d find it “very disturbing” if Harpster’s method were being used to help convict people. “We don’t know if it’s valid or not,” Markey said.

In an interview last summer, Harpster defended his program and noted that he has also helped defense attorneys argue for suspects’ innocence. He maintained that critics don’t understand the research or how to appropriately use it, a position he has repeated in correspondence with law enforcement officials for years. “The research is designed to find the truth wherever it goes,” Harpster said. “I’m pro-police but I’m not pro-bullshit.”

He would not allow ProPublica to sit in on one of his training sessions and declined subsequent interview requests. He also did not respond to a detailed list of questions about his method’s role in Logan’s case.

Susan Adams, a retired FBI agent and one of Harpster’s coauthors, said in an email that they analyzed 300 calls for their study and a book on the subject. They’ve also volunteered their time to help police and prosecutors on many other cases. (Harpster claims he has directly assisted in more than 1,000 homicide investigations.) No single indicator can be used to determine the likelihood of innocence or guilt, Adams said. “Instead, our study examined indicators in combination, just as 911 call analysis should be used in combination with case facts to uncover the truth.”

Matthews checked off a list of indicators of guilt that he claimed to have identified in Logan’s 911 call. (Obtained by ProPublica from the Macon County State's Attorney's Office)

Psychologists and criminal justice experts say applying the model in the real world is dangerous because those indicators can indicate very little; that such judgments often amount to reading tea leaves; that it’s extremely difficult to decide what someone should or shouldn’t say in an emergency because everyone reacts differently; and that parents holding their dead children may very well speak irrationally.

“You might as well flip a coin,” said Maria Hartwig, a psychologist and professor at John Jay College of Criminal Justice with expertise in deception detection. Hartwig and others said that a commercial operation selling 911 call analysis should be met with skepticism instead of credence.

Decatur, Illinois (Mauricio Rodríguez Pons and Nadia Sussman /ProPublica)

Watch video ➜

This did not happen when Matthews took the course in Decatur. Records show that local and state officials readily certified and funded Harpster’s program with taxpayer dollars.

Matthews’ class was held at Richland Community College, a low brick complex on the far side of Decatur, an agroindustrial city in the center of Illinois. Decatur is scarred by train tracks and surrounded by corn and soybean fields. On a typical day, student drivers in a tractor-trailer navigate orange cones in the school’s parking lot.

Over the years, the Illinois Law Enforcement Training and Standards Board has approved Harpster’s program for credits toward a lead homicide investigator’s certificate, often funding the class with state grants. As the name suggests, the board is supposed to set statewide training standards.

When approached by ProPublica, the board could provide no record that it had scrutinized the research behind the curriculum. John Keigher, the board’s chief legal counsel, said he was unsure how the previous training manager had vetted Harpster’s application. “Maybe he did his own research and Googled stuff,” Keigher said.

Excerpts from two advertisements for trainings by Harpster, from the websites of Wilmington University and the Southern Illinois Criminal Justice Training Program (Photo Illustration by Mauricio Rodriguez Pons/ProPublica)

Keigher had no misgivings about the program and said that local training agencies, which are partly funded by the board, get to choose who they host.

In Decatur, that entity is called the Law Enforcement Training Advisory Commission, which also provided no record of evaluating the validity of the course before offering it to local police and prosecutors.

Approval from these outside agencies lent Harpster’s class unqualified legitimacy. To small departments that may be less equipped to judge new techniques on their own, the method appears groundbreaking. Or, as one former attendee wrote in the commission’s course evaluation form: “One of the best if not the best course I’ve taken in 21 years of law enforcement.”

Five months after he took the 911 call analysis training, Matthews put his new skills to the test on Logan’s call the day he was assigned the case. Emails indicate that he asked Harpster for a consultation on the case. It was at that moment that Logan became a suspect.

First image: Decatur police detective Eric Matthews asks Logan to sign a consent form for a search of her home on Oct. 17, 2019. Second image: Matthews interrogates Logan at the Decatur Police Department on Oct. 23, 2019. (From video provided by the Macon County State's Attorney's Office)

After he analyzed the call, Matthews spoke with the patrol officer who had first interviewed Logan at the scene. That officer then filed a new report “in light of recent discoveries.”

In the second report, he wrote that Logan’s emotions were insincere; there were no actual tears in her eyes; and she was silent sometimes but hysterical at others. “I originally believed this was possibly due to the shocking and traumatic experience,” the officer said, “but the crying somehow did not seem genuine and felt forced.” (He later explained in court that he normally chooses to report only facts to preserve the integrity of the investigation, but after learning the new information from Matthews, the officer wanted to put his opinion about Logan’s demeanor into the record as well.)

Matthews also testified at the coroner’s inquest — a hearing separate from criminal proceedings where the coroner presents an autopsy report and other evidence to a panel of jurors, who then determine the official manner of death. Matthews told the jurors he was trained in basic and advanced 911 call analysis and said he found “mostly all guilty indicators” in Logan’s recording.

At one point early in the investigation, Matthews told a child services investigator that he had identified red flags in the case, according to meeting notes of the conversation. The detective explained that Logan “had failed the 911 stress test,” citing the fact that she repeated several times that Jayden suffered from breathing problems, as if to establish an alibi.

Jayden Comage in the hospital in August 2018. He was treated for viral pneumonia and bronchiolitis. (Jessica Logan)

Jayden did have a history of respiratory illness. Medical records show his mother took him to the hospital or doctor’s office more than two dozen times after he was born, the final time a month before he died, when he had a fever, cough and rash. “I just be so paranoid and scared,” Logan told Matthews once. Jayden had been diagnosed with respiratory syncytial virus, or RSV, and treated for bronchiolitis and viral pneumonia at different points in 2018. He was admitted at least four times. Doctors prescribed him breathing medication to be administered through a nebulizer. He was sick, it seemed, more than he wasn’t.

At Jayden’s funeral, Je’Shawn, who turned 4 that same week, looked inside the casket, touched his little brother’s face and asked his mother to fill Jayden’s sippy cup. Jayden was buried next to three cousins, each of whom had been born months premature before dying in the hospital. All four names are tattooed on Bradford’s wrists.

The names of four of Bradford’s grandchildren who died young are tattooed on her wrists. (Mauricio Rodríguez Pons/ProPublica)

For days, condolence messages poured in from friends and relatives checking on Logan. She deactivated her Facebook profile and ignored many of the texts, replying only in quick bursts to others:

Trying to keep it together

Can’t stop crying

I haven't slept or really ate in 2 days

Just trying stay strong for Je’Shawn

He keep asking for his brother.

The coroner hired Dr. Scott Denton, a forensic pathologist, to perform the autopsy and determine a cause of death. After his preliminary review, Denton asked Matthews to enlist Logan for a video reenactment of the night Jayden died. Logan said she didn’t feel like she had a choice and returned to the duplex with Bradford, but without a lawyer, on Oct. 17. Matthews told Bradford to wait outside.

With the camera rolling, Logan stood in Jayden’s bedroom and held a Jayden-sized mannequin. She placed it on top of the Paw Patrol bed sheets, which were still where she’d left them weeks earlier, and gave her account of the crucial hours between Walmart and the 911 call.

Logan holds a toddler-sized mannequin during a police reenactment on Oct. 17, 2019. (Excerpt of video provided by the Macon County State's Attorney's Office)

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Logan said she had followed the nightly routine: baths at 7:30, playtime and television for an hour and then off to bed. She put Jayden down in the bottom bunk. “I gave him a kiss good night and told him I loved him,” she said. Je’Shawn slept in her bed.

Before she climbed in next to Je’Shawn around 10:30, she peeked at Jayden, who had been fighting a cold, and then set two phone alarms, one for midnight and one for 3 a.m., to administer the breathing medication. She slept through the first alarm. (Days before, she had Googled “what does it mean when you sleep really heavy and can’t hear nothing,” according to her search history.) Then, she said, she woke at 3 a.m. before padding across the hall into Jayden’s room.

Logan found him face down with the fitted sheet wrapped around his head. His bare back was cold and his arms stiff. Just like her biological mother had felt to her on her deathbed 10 years earlier. “I knew,” Logan told Matthews, “that he was already gone.”

In his report, Matthews echoed several of his observations from the 911 call analysis: “Jessica did not appear to be upset or troubled when manipulating the mannequin and illustrating how she discovered her deceased son in his bed.” Before leaving the house, the detective asked for Logan’s cell phone. She handed it over.

A week later, Matthews invited Logan to the police station to talk again. A relative drove her downtown. Je’Shawn, his cousin and another friend rode in the back seat. “I’ll be right back,” Logan told them. The detective led her into a small, white room, where a white chair was waiting for each of them.

Matthews pushed his chair back from a desk and turned to face Logan, their knees inches apart. “I’m running into a lot of problems with this, your account of what happened,” he said. “I’m finding problems from the moment you called 911 until today.”

Matthews, who has been a juvenile detective for years, spoke obliquely at first. Her story didn’t add up, he said, and the professionals agreed with him; she wasn’t a monster, but a young, desperate mother at the end of her rope. As his words rushed at her, Logan hardly moved. Matthews alluded to something incriminating on her phone but didn’t elaborate. (Records show police had discovered evidence of a Google search, apparently from the day before Jayden died, for the phrase “How do you suffocate.”)

“There’s irrefutable proof that something happened to this kid and that you did something to him. OK?” Matthews said. “You killed Jayden.” At that, she shook her head back and forth: “No, I did not. No, I did not.”

Matthews interrogates Logan at the Decatur Police Department. (Excerpt of video provided by the Macon County State's Attorney's Office)

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“I’m going to be able to prove it,” the detective said. He told her that during one of their earlier interactions she “had no emotion at all.” In his report later, Matthews wrote that Logan remained “generally emotionless,” with her hands in her pockets and little visible reaction. That inscrutable countenance again.

“Everybody shows their emotions different,” she told him.

When Logan asked for a lawyer, the detective said she was going to be arrested for murdering Jayden and stood to leave. For almost an hour, she waited in the white room alone, hardly moving except for a tapping right foot. She was so still, the motion-sensitive lights turned off. She sat in darkness.

In the parking lot outside, Je’Shawn played in the back seat of the car. His entire immediate family had now vanished — both parents behind bars and his only brother dead.

Je'Shawn and his cousin Aniya Phipps talk about the future. (Mauricio Rodríguez Pons and Nadia Sussman/ProPublica)

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Almost two weeks later, Je’Shawn climbed on top of a large leather chair in a child services center in downtown Decatur. He sat across from a female staffer. Between them was an easel. She said she wanted to ask him some questions about his family while they drew pictures together.

“Who all do you live with?” the woman, cross-legged on the floor, asked gently. Je’Shawn fidgeted with toys and explored the room. He said he lived with his grandma now. She drew a house with two smiley faces inside.

“My brother not there,” Je’Shawn offered.

“How come your brother’s not there?”

“Because he’s in heaven.”

A child services worker interviews Je’Shawn on Nov. 5, 2019. (Excerpt of video provided by the Macon County State's Attorney's Office)

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The staffer tried to get details about the night Jayden died and what Je’Shawn may have seen. He mentioned a cover over his brother’s face but little else that tracked. (“I farted,” he confessed at one point.)

After a few more rounds, she left Je’Shawn in the room by himself for a moment. He picked up a toy cellphone and flipped it open. “Hi, Mama,” he whispered into the receiver. “I’ll draw you a picture.”

He pressed the marker against a new sheet of paper and drew his brother.

After Logan was arrested, Denton submitted his final report. Cause of death, the pathologist wrote, was asphyxia by “smothering and compression of the neck.” The coroner’s inquest made it official: homicide.

ProPublica consulted with three forensic pathologists who had no prior knowledge of Jayden’s case to review the coroner’s files, including the autopsy report, photographs, medical records and reenactment video. None of them accepted Denton’s conclusion of smothering, which, they said, is tantamount to declaring homicide. They noted that deaths by asphyxia are often accidents or due to illness. (Denton did not respond to multiple interview requests, and the coroner who had hired him declined to comment for this article. Neither replied to a detailed list of questions.)

Dr. Shaku Teas, a forensic pathologist who performed more than 600 autopsies on children during her nearly two decades at medical examiners’ and coroners’ offices across Illinois, said she could see no trauma to Jayden’s body. “There’s going to be some trauma when you suffocate a 19-month-old,” she said, because of their size coupled with an instinct to resist. “I don’t know where he came up with a homicide.”

Jayden Comage’s autopsy report (Mauricio Rodríguez Pons/ProPublica)

In the autopsy report, Denton identified light blanching on the tip of Jayden’s nose and tiny dots on his eyelids, cheeks and elsewhere — burst blood vessels called petechiae. Teas and the other pathologists said Denton’s interpretation of the dots was overstated. Much of it looked like it could be a rash, they said.

Two preeminent pathology experts wrote in a 2000 paper that petechiae dots around the face and eyes, by themselves, “point to no particular cause of death” because they can also appear during moments of physical exertion like coughing, sneezing or respiratory distress. Misattributing these dots, the authors wrote, can lay “false grounds for conviction.”

Dr. Jane Turner, a private consultant and former medical examiner in St. Louis, told ProPublica the petechiae and blanching on Jayden could be explained by accidentally suffocating face down or a seizure. She said Denton didn't seem to test for respiratory viruses or test Jayden’s cerebral spinal fluid — grave errors given his medical history. “The cause of death and manner of death should have been undetermined,” Turner said. “There were gaps in the investigation with respect to the autopsy and some questionable conclusions.”

After Bradford attended the inquest and learned the results of Denton’s autopsy report, she realized Logan’s case would likely go to trial. Logan called her that day from jail. They cried as they spoke. “I’m sick to my stomach right now,” Bradford said. “I just cannot believe this.” Je’Shawn played in the background.

Logan told Bradford she was feeling so depressed that she planned to see a mental health counselor. “J.J. was a sweet innocent boy,” she said, using Jayden’s nickname.

“I would never,” Logan added, her voice catching.

“I know you wouldn’t,” Bradford said before it was time to hang up. “I love you, Butterball."

Logan’s trial took three days in June 2021. Nineteen months had passed since she was arrested. She sat in court, hands laced together, next to Christopher Amero, a local lawyer and military veteran with a thick, red beard. Logan’s family pooled their money to pay him $10,000.

Macon County Courthouse in downtown Decatur (Mauricio Rodríguez Pons and Nadia Sussman/ProPublica)

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The state’s lead prosecutor laid out his narrative to the jury several times: Logan was drowning in debt, so she murdered Jayden to cash out his $25,000 life insurance policy. Police found no vials of the breathing treatments, he said, evidence that she never intended to give them to Jayden. The jury heard a barrage of voicemails from debt collectors and prison phone conversations. In some of the recordings, Logan snapped at Je’Shawn for misbehaving. In others, she told her children's father how far behind she’d fallen on the bills.

Logan’s plan, the prosecutor said during his opening statement, was to smother Jayden in the middle of the night and call 911 a few hours later with a manufactured story about breathing problems. “That plan betrayed her,” he added. “Forensic science betrayed her.”

He played the six-minute 911 recording before calling Matthews to testify. The prosecutors had been wary of introducing Matthews as an expert in 911 call analysis, emails indicate, and resolved to instead incorporate the guilty indicators subtly during closing arguments. It’s a common legal tactic to circumvent courts’ standards for expert testimony.

“She’s 45 seconds into the 911 phone call before she even says, ‘My child’s not breathing, and I need help,’” the prosecutor told the jury. “A mother telling you that there was no reason to try to see if her 18-month-old could be saved. Does that sound right to you?” The Macon County prosecutors who tried the case did not respond to interview requests or a list of questions about how they used 911 call analysis.

But Amero served the prosecution an unexpected boon during cross examination: He asked Matthews specifically about the “multiple indicators of guilt,” which the detective had detailed in a sworn statement, along with other observations about Logan’s suspicious demeanor. Matthews seized on the moment, explaining the research and how he had first determined that Logan was a suspect.

“In this training,” he said, “we use a chart that will allow you to determine whether the person was being honest on the call or not.” Matthews testified that Logan never once explicitly asked for help during the 911 call and a full minute had elapsed before she explained what was going on.

Amero later told ProPublica he thought that the combination of the 911 recording and Matthews’ analysis was a turning point in the trial.

The prosecution’s most important piece of evidence against Logan was Denton’s testimony about his autopsy. Amero did not call another pathologist to puncture Denton’s conclusions. The jury was left to believe that the only way Jayden could have the tiny marks and light blanching on his face was if he’d been smothered.

Another critical piece of evidence was an item that police had discovered on Logan’s phone: a Google search for the phrase How do you suffocate. The police report is unclear, and an officer wrote that he found the search in some of the phone records but not others. In court, that officer testified the search took place 19 hours before Jayden died, which he had verified with a subpoena to Google. This, prosecutors said, was proof she had planned to kill Jayden. ProPublica reviewed a search history file from Google but was unable to independently verify the police department’s analysis of the data extraction.

The family disputes the timeline. After Jayden died, relatives gathered at Bradford’s house to grieve. Bradford’s biological daughter asked if Jayden could have suffocated. According to Logan and Bradford, that’s when Logan searched for How do you suffocate. (Bradford’s daughter and Taylor said they saw Logan on her phone at that moment but did not see what she typed.)

Then there was the life insurance agent who said Logan had called the day after Jayden died to inquire about his policy. The agent found the call suspicious enough to tell police. The family maintains this is also a misunderstanding. The morning after Jayden died, those at Bradford’s house discussed paying for the funeral and travel for Jayden’s father to attend.

A family friend came over with sandwiches. She overheard the conversation and suggested calling the insurance company to ask about Jayden’s policy. Then Logan made the call, according to Bradford, Logan and Taylor. “That was my fault,” the family friend told ProPublica. “That was all me.” Logan never cashed out the policy. The package the insurance company sent sat unopened atop her dresser until after she was arrested.

Police never interviewed the family friend, and Amero didn’t call her to testify. He didn’t call any character witnesses besides Bradford — a decision that incensed the family as the trial wore on. Logan’s father, Joey Logan, and her sister Brittany Phipps sat next to one another in the gallery. Phipps said the judge threw her out of the courtroom for groaning and glowering. Bradford didn’t trust herself not to do much the same and sat alone in an anteroom for most of the trial.

After an initial interview with ProPublica, Amero did not respond to requests for comment or questions about his strategy at trial.

Joey Logan looks at family photos (Mauricio Rodríguez Pons and Nadia Sussman/ProPublica)

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Joey Logan, a sandblaster with a bum eye who keeps a pack of Marlboro menthols stationed in his front shirt pocket, never got the chance to tell the jury how much his daughter doted over her sons.

“Jess would do anything for them boys,” Logan said in a recent interview. “She did everything for them boys.”

On the last day of the trial, Jessica Logan took the stand. Tattooed on her left hand, in bold letters, was the word “honesty.” She described her relationship with her boys’ father; her earlier miscarriages; the learning disabilities that slowed her down in school; her unsuccessful attempt to earn a degree from the community college; one of her jobs, at a takeout chicken restaurant in town; the two dozen doctors’ visits for Jayden. And she told her version of what happened the night he died.

Logan said she was proud of the fact that she was paying for Jayden’s life insurance and seemed confused when asked why she never cashed out the policy. “It wasn’t going to bring my son back,” she said.

In his closing arguments, the lead prosecutor warned the jury not to infantilize Logan or excuse what she’d done because she’s “not very bright.” The trial, he said, was about Jayden, “a boy who wasn’t able to protect himself from the world.” He said that was Logan’s job, “and she was the person who killed him.”

Amero pointed out that Matthews never tested the bedding for Jayden’s lung fluid. “Why was it never done? Because Detective Matthews listened to the 911 call, on the same day that he got assigned the case,” Amero said. “Because she wasn’t being emotional enough.”

The Macon County Law Enforcement Training Center and jail (Mauricio Rodríguez Pons and Nadia Sussman/ProPublica)

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In a breathless rebuttal, Amero pleaded with the jury to reconcile the 911 recording they heard, the analysis offered by Matthews and their own common sense. “It almost took a minute before she was able to get anything out to the dispatcher,” he said. “Why did it take her almost a minute? Because she couldn’t gather herself. Okay. That’s why it took a minute.”

“Every one of you heard the 911 call,” Amero continued. “If that call was not a plea for help, then I cannot explain to you what is. That entire call was a plea for help. But because she didn’t, specifically, say, ‘Please come help me,’ we’re going to use that as an indicator of her guilt. Is that justice? Is that logical? It’s not.”

The jurors deliberated for less than two hours before announcing their decision: guilty of first-degree murder. Logan’s chest got heavy, as she put it later, and the dam burst. She sobbed. A local television news reporter covering the trial criticized her for being conspicuously impassive throughout the trial. “But when that guilty verdict came down,” the reporter said, “tears started to stream down her face.”

At the sentencing in July, Logan asked the judge for leniency. “It hurt me to know people think I — think I did this based off of my emotions,” she told him. “Everyone grieve different.” The judge sentenced her to 33 years.

Logan’s former home and neighborhood (Mauricio Rodríguez Pons and Nadia Sussman/ProPublica)

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Connie Moon, a retired schoolteacher with lightning white hair, was one of the jurors at the trial. In a recent interview, she said she was persuaded by the financial motive laid out by the prosecutors. “It’s one of those sad stories about poor, desperate people,” Moon said. “But I do stand by my verdict.”

A second juror, who asked to remain anonymous so she could speak freely, told ProPublica she found Logan’s 911 call odd, an opinion validated by Matthews’ testimony at trial. But, more than anything, she was convinced by the autopsy report and Denton’s description of the findings. Because that testimony went unchallenged, the juror was under the mistaken impression that those small dots and blanching were proof positive of smothering. ProPublica shared with her the conclusions from the outside pathologists.

“I’m part of the group that put her away for 33 years. And that’s a heavy weight. I don’t take that lightly,” the juror said, in tears. “I don’t want her to suffer because we didn’t have the right information. And, I don’t know, maybe we made a mistake in our judgment. I don’t know. I felt at peace at the time. I can’t say I do right now.”

Another juror, who also requested anonymity, went much further. She put little stock into the 911 call analysis because, she said, there are too many differences in the way people speak for anyone to claim an expertise. But she believes now and she believed then: Jayden’s death was an accident, perhaps because Logan tried to settle him in too tightly in the bed.

“They kept saying it was intentional,” the juror told ProPublica, “but I honestly don’t think it was intentional.” The judge explicitly instructed the jurors that they should only vote to convict if they believed that the state proved both that Logan killed Jayden and she had intended to do it or, at the least, meant to cause him great bodily harm.

Still, the juror voted to convict Logan of first-degree murder, which is a deliberate act. She seemed to misunderstand the judge’s instructions. “She didn't murder him. That's the wrong word,” the juror said. “But what do I know?”

The night the jury’s guilty verdict was read, Matthews finished the case where it had started. He wrote an email to Harpster, the chief architect of 911 call analysis. “Just wanted to reach out to you and thank you for your help in my 2019 murder case,” he wrote, including a link to the television news story. Matthews said that he noticed the jury seemed compelled by his testimony and stared intently while nodding their heads. “I strongly believe,” Matthews finished, “that the 911 call analysis was a tremendous benefit to both my investigation and the trial.”

It was just before 6 a.m. on a Wednesday in late August when Bradford walked out of a retirement community center in navy scrubs after her shift ended. The sky over Decatur went from black to blue as she drove across town to the babysitter’s house to pick up her grandson. On Bradford’s mind was a court hearing slated for the afternoon. After more than a year, Logan’s appeal had entered its final stage, and lawyers for both sides would make arguments in front of a panel of judges.

Je’Shawn and Bradford wait for the school bus on August 24. (Mauricio Rodríguez Pons and Nadia Sussman/ProPublica)

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For weeks, Bradford, a devout Baptist, had been anxious about the date and prayed on it nightly. But, as she drove, she felt at peace with whatever the outcome: an immediate ruling from the judges or more months of uncertainty. “I’m leaving it up to God,” she said, turning into the sitter’s driveway.

Two honks of the horn and Je’Shawn bounded outside, a Jurassic World backpack strapped around his shoulders and some loose jelly beans in his pocket. Bradford is in the process of formally adopting Je’Shawn, who has been in her custody as a foster son since his mother was arrested. “He knows that I’m still grandma and he knows who his mom is,” Bradford said once. “He’s never going to forget that.”

Back at the house, as his grandmother clipped his fingernails, Je’Shawn pointed out some of her gray hairs and asked where they came from. “You gave them to me,” Bradford responded with a smile. In the years since Je’Shawn’s brother died, doctors diagnosed him with an anxiety disorder and ADHD. He sees a counselor weekly. He chews his T-shirt collars until they fall apart. He frequently grimaces and blinks with his whole face. He likes Bradford to hold his hand until he falls asleep.

At 7 a.m., after breakfast, Je’Shawn boarded the school bus. Next came Bradford’s daily ritual, an hour of near silence she steals each morning. She sat in a lawn chair on the front porch, next to Je’Shawn’s bike, while the sun rose over the train tracks, through the trees, and splashed her face.

Later that same morning, 45 minutes away past miles of farmland, Logan shuffled into a recreation room at the state’s largest women’s prison. She carried with her sketches of Je’Shawn and Jayden, artwork gifted by another inmate.

It would be Je’Shawn’s seventh birthday soon, and she would get to choose a gift from a prison catalog to mail him. They would eat ice cream and play board games together in the prison’s visitation room.

That also meant it was the anniversary of Jayden’s death. The family would visit his grave without her. Logan has been diagnosed with depression, and she’s been in and out of protective custody because of issues with other inmates, including being the target of frequent bullying. Some call her “baby killer.”

Jessica Logan in prison (Brett Murphy/ProPublica)

In the rec room, she talked about her case, the appeal hearing later that afternoon and her two sons. She twice retold the story of the night Jayden died. Her eyes welled up, and her voice broke. She blamed herself for not waking up for the first alarm at midnight to administer Jayden’s breathing treatment. That, she said, could have saved him.

Logan has been inconsistent about whether she had preloaded the nebulizer before she went to bed or if she planned to load it after waking up Jayden. There is no mention in the police or court record of any officers checking the actual machine for the medicine, and they didn’t find full or empty vials elsewhere in the house. Logan has also waffled on whether she gave Jayden CPR the night he died.

As she spoke, Logan often stammered and took several beats to connect thoughts. “I have a learning disability,” she explained. “So I can’t really, I don’t really understand a lot of things.” Unlike Bradford, who keeps her frustration close to the surface, Logan said she tends to bury painful emotions. She’s more like her father that way.

Jessica Logan’s hands (Brett Murphy/ProPublica)

“You shouldn’t feel like somebody’s guilty just because the way their emotions is. Everybody react and have emotions different than everybody else,” she said, a refrain she’s repeated since she was first arrested. “I mean there really nothing I could have said differently or did differently. I shouldn't had to reword stuff to make it, I guess, to make Detective Matthews — I feel like I did nothing wrong on the 911 call.”

An hour later, Bradford settled in front of her computer to watch the appeal hearing on a video conference — the fate of her family decided by strangers on the screen. She hunched forward, looking over the top of her glasses to text updates to family. As usual, most of the curtains were drawn, and the house dim. Bradford likes privacy.

Logan’s state-appointed appeals lawyer told the panel of judges that his client deserved a new trial because the first one was unfair for a number of crucial reasons. First, he argued, the reenactment video should never have been admitted into evidence because Logan was not read her rights before she took part in it; and the video inappropriately influenced the pathologist who prepared the autopsy report. An appellate prosecutor responded that the reenactment’s significance was being overblown.

Bradford watches Logan’s attorney conduct an oral argument in her appeal. (Mauricio Rodríguez Pons and Nadia Sussman/ProPublica)

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Logan’s appellate attorney said another critical problem with the trial was that Amero had chosen to elicit testimony about the 911 call analysis from Matthews. It was a “grossly unreasonable” gambit, the attorney said, one that allowed the detective to interpret Logan’s credibility. “And that’s the province of the jury.”

Then the hearing ended without ceremony. Everyone’s screens went black, and Bradford stared for a moment. She thought prosecutors continued to dismiss crucial facts in their portrait of Logan, treatment she considered especially glib given the circumstances. “They don’t realize it’s this girl’s life they’re playing with,” Bradford said.

A month later, Bradford got word while waiting in the hallway during one of Je’Shawn’s therapy appointments: Logan lost the appeal. Her attorney has asked the Supreme Court of Illinois to take the case. If the court agrees, it could take another year or longer of briefs and arguments. In the meantime, Bradford plans to move to Texas to be closer to her biological daughter and grandchildren. Je’Shawn will go with her.

A memorial candle holder for Jayden sits in Bradford’s house. (Mauricio Rodríguez Pons and Nadia Sussman/ProPublica)

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After the appointment, Bradford drove back to the house in the heart of Decatur, still her family’s home for now. Inside, on almost every flat surface, are candles, more than 200 of them. She collects the classic fresh linen and vanilla scents, along with the more exotic: names like pumpkin pecan waffles and clementine sherbet. At least one is always burning, giving the house a different sweet smell every day.

In the corner of the living room, propping up a card of inscriptions and prayers from the staff at Jayden’s daycare, is a memorial candle for Jayden, encased in plastic with his picture on all four sides.

Je’Shawn often asks Bradford to light it.

No, she tells him, not this one. “I don’t want it to melt away.”

To get part 2 of this story, text STORY to 917-905-1223. Standard messaging rates apply.

Kirsten Berg, Nadia Sussman and Mauricio Rodríguez Pons contributed reporting. Additional design and development by Lena V. Groeger.

by Brett Murphy

What the Disability Community Told Us About Sheltered Workshops

2 years ago

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

Earlier this week, we published a story about sheltered workshops in Missouri — facilities where it’s legal to pay employees less than the minimum wage because they have intellectual, developmental or physical disabilities. More than 5,000 disabled adults work in Missouri’s sheltered workshops, some earning less than $1 per hour.

Across the country, disability rights advocates have lamented these facilities and their low wages, calling them discriminatory and exploitative. At least 14 states have banned subminimum wages, and advocates are ramping up pressure on the federal government to repeal the more than 80-year-old law authorizing them nationwide.

So when my reporting for this story got underway in April — part of a yearlong collaboration between The Kansas City Beacon and ProPublica — I expected to hear similar sentiments in Missouri.

Instead, one of my early findings surprised me: Disabled adults and their families in Missouri seemed to strongly support sheltered workshops. They didn’t focus on the low pay or the dearth of other opportunities. Most said they were simply grateful for the jobs that the facilities offered.

This led my editors and me to wonder: Do we even have a story to tell here, if sheltered workshop employees themselves did not see any problems with their situation?

Instead of turning away from the story, we decided to dive deeper. We began an outreach effort to connect with as many sheltered workshop employees and their families as possible, so we could better understand their sentiments and find out if they saw any downsides to working with such low pay.

To do this well, we needed to make our outreach accessible to a community with diverse abilities. We knew that some sheltered workshop employees might not have access to computers and that others could be visually impaired or have difficulty understanding our questions.

I worked with ProPublica engagement reporter Maryam Jameel to come up with a few solutions. The first was to consult a plain-language translator — an expert in writing clear and concise messages for audiences with intellectual or developmental disabilities — and have her develop a plain-language version of our outreach questions. (We also published a plain-language version of our resulting story.)

Next, we talked to several advocates, some of whom are disabled themselves, about additional ways to spread the word. To connect with people who are visually impaired or otherwise unable to read our questions, we included an option for people to call and leave voicemails with their thoughts. As a no-tech option, we crafted a much smaller printout version of our questions. I handed the copies out to sheltered workshop employees as I visited these facilities and asked my sources to share them among their networks.

The responses came flowing in. We heard from more than 90 people, most of them sheltered workshop employees and their families. And their responses dovetailed with what I had heard back in April: strong support of sheltered workshops.

The respondents told me that they would be devastated if their sheltered workshops were forced to shut down. Some family members even bypassed our outreach questions and instead sent in letters expressing opposition to any changes to the federal subminimum wage law or requesting that sheltered workshops remain open in the state. A few respondents later told me that they were encouraged to respond by their sheltered workshop managers. One sheltered workshop employee said she and her coworkers were given time at work to answer our questions online.

“This job has given people with disabilities a chance to work instead of being stuck at home,” one parent of a sheltered workshop employee wrote.

As I kept following up with the respondents, I recognized a common thread: Many felt that their choice wasn’t between sheltered workshops and regular jobs, but rather between sheltered workshops and nothing at all.

Some said sheltered workshops provided a safe place for their family members to spend their days with peers and find a sense of purpose. Others said their loved ones had previously held a regular job or could handle the demands of one, but hurdles like workplace discrimination ultimately led them to believe sheltered workshops were the only realistic option.

“There’s lots of things that can be potential barriers for people working in regular competitive employment,” said Robin Prado, the mother of a sheltered workshop employee. She said her daughter had previously spent a couple of weeks working at a local library but was fired when she didn’t pick up on her training quickly enough — a problem she believes could have been solved with a little additional help.

“I didn’t really feel like we had a lot of support,” Prado said.

A current sheltered workshop employee expressed similar feelings, saying she was “afraid of going back” to a regular job. “I’ve tried jobs on the outside, and this is the first job where I feel really supported by people,” she said.

It was clear to me that the respondents saw no real alternatives in Missouri — but it doesn’t have to be this way. I talked with several experts and advocates, including Steven Schwartz, legal director for the Center for Public Representation, who told me that many other states have proven that disabled adults can successfully move into the regular workforce. To help them with the transition, these states have been directing more funding toward breaking down the kinds of barriers that Missouri’s sheltered workshop employees and their families spoke to me about.

Missouri, however, does little to help sheltered workshop employees make that move — even though getting disabled workers ready for the regular workforce is the goal behind the federal law authorizing subminimum wages. What’s more, state officials told me that they would be unconcerned if sheltered workshop employees in Missouri do not “graduate” to the regular workforce for years, or even decades, because they view the state’s sheltered workshops as employment programs rather than stepping stones to regular jobs.

Ultimately, we decided that there was a story to tell about sheltered workshops in Missouri: The seemingly widespread support among sheltered workshop employees and their families masked the failure of the state to provide them with meaningful employment options.

You can read more about what we found in the full story. We will continue reporting on sheltered workshops in Missouri, so please share our outreach questions, our phone number and the plain-language story with anyone you think would like to get in touch with us.

Help Us Learn About Sheltered Workshops in Missouri

Maryam Jameel contributed reporting.

by Madison Hopkins, The Kansas City Beacon

What Happened to Rezwan

2 years ago

This story discusses suicide.

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This story was co-published with the Kansas City Star.

On the last day of Rezwan Kohistani’s life, he ate lunch alone.

Three other boys were at his table in the high school cafeteria, two of their trays touching Rezwan’s, surveillance video shows. They laughed among themselves, seemingly oblivious to their classmate, even after one of the boys accidentally knocked over Rezwan’s milk carton.

Rezwan, a tall and handsome freshman, had arrived at the school four months earlier, after fleeing Afghanistan with his family. He sat at the table for a few more minutes, at one point covering his face in apparent distress. Then he got up and made his way through the halls, past a bulletin board announcing, “You belong.”

Rezwan pushed open the school door, walked out into the rain and sent his mother a text in his native language, Dari, saying “goodbye.”

Months earlier, the Kohistanis had been among the lucky ones. The eight members of the Kohistani family had fled Kabul as it fell to the Taliban in August 2021, catching an overcrowded evacuation flight arranged as part of President Joe Biden’s pledge to rescue Afghan allies. Rezwan’s father, Lemar, had spent years risking his life to distribute fuel to the Americans.

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The Kohistanis, especially 14-year-old Rezwan, saw their arrival in America as an opportunity. But the family found itself isolated in a new home that made little sense to them: Oronogo, a sleepy town of 2,500 in southwest Missouri where almost all of the residents are white.

There were no other Afghans for miles. A few other Afghan refugees were scattered across the surrounding Joplin metropolitan area. That part of Missouri has a history with the Ku Klux Klan and lynchings, and today it has few immigrants of any nationality. About a decade ago, the area’s only mosque was shot at and then set ablaze.

Rezwan’s school had never enrolled a newly arrived refugee, according to administrators. Without Dari interpreters on staff, Rezwan used Google Translate to try to engage with his teachers and classmates. He sometimes came home crying, telling his family that he’d been mocked for things like fasting during Ramadan. His teacher, noticing him struggle with attendance and grades, sent repeated pleas for help to his resettlement agency, to no avail.

“We’d been left alone,” said Lemar. “We tried to leave. But what do I know about how this system works?”

How did the Kohistanis wind up so cut off from other Afghans? And how did Rezwan end up at a school that didn’t know what to do with him? The answer lies in a cascading series of failures that stretched from a tiny Missouri nonprofit to the White House, which was ill-prepared to handle the human fallout of America’s longest war.

Lemar Kohistani and one of his sons often go to the local park and feed the fish. (September Dawn Bottoms, special to ProPublica)

The United States has a long and fraught history when it comes to welcoming refugees. For decades, the resettlement system has been chronically underfunded, with the government outsourcing the work to a network of often-overstretched nonprofits that are supposed to help refugees navigate their new and deeply foreign worlds.

The system was further gutted when President Donald Trump slashed the number of refugees that the U.S. would accept each year by 80%. Hundreds of nonprofits, which relied on a small payment for each refugee they handled, had to cut their staff or simply close.

As a candidate, Biden had promised to reverse Trump’s cuts and “reassert America’s commitment to asylum-seekers and refugees.” Once he became president, experts, advocates and members of Congress also urged him specifically to do more to evacuate Afghan allies before U.S. troops withdrew.

But the administration let in only a trickle of Afghans. And Biden wavered on his pledge to cancel Trump’s historically low cap on refugees. The White House said it needed to assess the damage done by the previous administration. After pressure from advocates in the spring of 2021, Biden agreed to let in more refugees, but even then he raised the cap to only three-quarters of the pre-Trump numbers.

By August, when Kabul fell, most resettlement nonprofits that relied on federal payments were only just beginning to rebuild. Suddenly, they were forced to handle the U.S.’s biggest refugee influx in decades.

“They brought in numbers that were close to the amount we would resettle as a nation in a year, but they did it in a month,” said Ann O’Brien, an official at a Connecticut resettlement organization that remained open after Trump’s cuts by relying on volunteers.

O’Brien and others said their groups initially had to pay out of their own pockets to care for the incoming Afghans, as Biden and Congress took nearly two months to allocate emergency funds.

“All the resettlement agencies were welcoming families with no federal funds coming through,” O’Brien said. “We were fronting the federal government cash to take care of these families.”

Reports that Afghans were not getting the help they needed began piling up across the country. The refugees were being left without food and found themselves facing eviction and unable to get in contact with the nonprofits tasked with helping them.

When the Kohistanis arrived in the U.S., they were among tens of thousands of Afghans packed into military bases. They waited for a placement for four months in Fort Dix in New Jersey.

By many accounts, the Russian-doll-like resettlement system buckled under the strain. The government relies on nine federally designated nonprofit organizations, which, in turn, often outsource the critical work of resettlement to subcontractors who are tasked with finding homes, jobs, medical care and schools for refugee families. In exchange, the government pays $2,275 per refugee.

Every Wednesday, the U.S. Department of State hosts a Zoom call with resettlement groups, who then select refugees to take.

Lemar had initially asked to be resettled near cousins in Los Angeles, but as a second choice, he offered St. Louis, where an aunt lives. During a December call, one of the nonprofits, the U.S. Committee for Refugees and Immigrants, selected the Kohistani file.

Soon after, Lemar’s aunt, Marina Kohistani, received a call from a resettlement official to verify the relationship. Marina vowed to support the family. She had fled Afghanistan nearly two decades before and knew the family would need extra help.

“I told them the kids need special support,” Marina recalled. “Life here is different in so many ways.”

Rezwan’s younger brother outside the family’s home in southwestern Missouri. (September Dawn Bottoms, special to ProPublica)

Lemar said he was soon told that his case had been assigned to a resettlement subcontractor, the International Institute of St. Louis.

St. Louis had been ranked highly by the State Department as a relocation spot for Afghan refugees because of its relative affordability and the availability of jobs, housing and services. It has a school dedicated to students new to the U.S., complete with Dari and Pashto interpreters, along with teachers trained to recognize early signs of stress.

But in August of 2021, the International Institute was only just beginning to rebuild after Trump’s cuts. It had nearly two dozen job openings, including for caseworkers, job placement coordinators and school program managers.

“There wasn’t enough time to hire and train staff, plus no money to do so,” said Anna Crosslin, who served as the organization’s director for many years but left in the spring of last year, before the Kohistanis arrived.

Paul Costigan, who helps run the International Institute’s refugee program (and who also oversees Missouri’s resettlement program as the state refugee coordinator), said he hadn’t known the family wanted to go to St. Louis. “I think if we knew they wanted St. Louis, that would have been approved,” he said.

Instead, the International Institute assigned the Kohistanis and other families to their branch 200 miles away, the International Institute of Southwest Missouri.

“We’re a small office,” said Rebekah Thomas, director of the southwest Missouri branch. “We were quickly overwhelmed."

So her office further outsourced some of the cases it had received. It made an informal agreement to hand the Kohistanis and six other families to an even smaller organization: Refugee And Immigrant Services & Education, or RAISE, a small nonprofit based near the Arkansas-Missouri-Oklahoma border.

There was no contract in place. Nor had RAISE ever resettled refugees before. Founded in 2017, its staff of four had taught English and helped Somali refugees get jobs at a local chicken plant. RAISE had never before sought housing or enrolled kids in school.

Michael Newman, RAISE’s executive director, said the organization saw a chance to grow by filling in some of the gaps left by the Trump-era cuts. “This was our opportunity to start that process,” said Newman.

Newman, who joined RAISE in 2018, had previously worked in insurance and for a company that sells adjustable beds. He had no previous experience with refugees.

“This is like my third career,” he said. Asked what factors had gone into choosing a location for the Kohistanis, Newman said his faith guided him to help find “nice homes” for refugees.

The Kohistanis, including an uncle who fled with them, landed at Springfield-Branson National Airport on Dec. 28. They were met by a RAISE staffer and volunteers, who drove them more than an hour west. They passed the area’s largest town, Joplin, then the smaller Webb City, and wound up traveling down a rural single-lane highway into Oronogo, Missouri.“I wanted to say, ‘Where are we going?’ but the translator was in the other car,” recalled Lemar, who’s 39 and broad chested with jet-black hair. “We were coming from a city, but there was nothing around us on the road except farms.” They finally drove down a dead-end gravel road to their three-bedroom townhouse. There was an elementary school nearby, but little else. Around the corner was a shuttered fireworks store and a car wash. Half a mile down the road in one direction was a Dollar General; in the other direction, a gas station. Groceries were 7 miles away.

Like many refugees, the Kohistanis initially had no car.

“There are more cows and sheep here than people,” Lemar recalls Rezwan saying when he first surveyed the landscape around the house. “This isn’t a city, this is a village. Why are we here?”

In exchange for his risky fuel-delivery job in Afghanistan, Lemar’s salary had offered his family comforts in Kabul. They owned a bungalow in a bustling, middle-class neighborhood and the kids all went to private school. The family would pile into their Toyota Highlander for holidays and drive into the mountains to visit their grandparents.

Lemar and his wife, Muzhda Kohistani, said they did not expect the United States to replicate their old lifestyle. But they were at least hoping for familiar faces who could help them navigate the basics of life in the U.S.: How to pay for lunch. Where to get wifi access. How to get health care.

Lemar and a son buy groceries at the local Walmart in Joplin, Missouri. (September Dawn Bottoms, special to ProPublica)

As it was preparing to host Afghans, RAISE announced a partnership with a church to gather volunteers and hold cultural orientations ahead of the refugees’ arrival. The volunteers stocked the Kohistanis’ pantry with Afghan groceries, but they knew little about Afghan culture or customs. “We received cultural sensitivity training,” said one of the church volunteers. “But the idea that we could be trained and deployed in specific ways” like recognizing signs of depression or finding Rezwan a doctor, “is preposterous.”

While RAISE worked with a local church, the refugee group said it didn’t create a similar arrangement with the mosque in the area. Leaders of the small Muslim community in nearby Joplin said they were contacted by RAISE only once last year before the Kohistanis and other refugees arrived.

Navid Zaidi, the treasurer of the local Islamic Society of Joplin, shared a text exchange in which a RAISE official asked if Shiite and Sunni Muslims could be placed in the same community. But Zaidi said they were never asked to support the resettlement process. “We were approached to answer questions like: ‘Is there a mosque in the region?’” he recalled. “That’s it.”

RAISE placed a few Afghan families in Joplin. But some of them felt isolated too. “For us, we wanted a community of Afghan brothers and sisters,” said Nasirullah Safi. The Safis moved to Houston with the help of a cousin who worked for a refugee resettlement group. “We have family here in Houston, which made it better for my wife and children to grow. We call this place home.”

Zaidi said placing the Kohistanis in the smaller, more rural Oronogo was “not appropriate.”

The Kohistanis were the only Afghan family settled there.

“We were all glad to be safe, but nothing about this place felt like home,” said Lemar. “Rezwan was the most upset, and he was determined to get out as soon as we arrived.”

On a crisp January morning, Rezwan started his freshman year at Webb City High School, 3 miles south of the family’s home. Rezwan wore clothes that had been donated by a local church: sweatpants that were too short, a T-shirt that was too big and sneakers that were worn out.

That morning, he met English language teacher Sally Lee.

Rezwan smiled and nodded as Lee introduced him to some of her other students who were nonnative speakers of English. No one else spoke Dari. Over the last three years, Lee had taught Webb City’s few migrant students from Mexico and Central America, often sacrificing her summers to give them extra assistance.

When Lee learned that her remote Missouri town might be hosting Afghans, she had reached out to RAISE to request training “to help [Webb City] be prepared to meet the needs of these children and their families,” as she wrote in a Nov. 16, 2021, email. No one responded.

State money was available to pay for interpreters to help refugees adjust, but the school didn’t apply.

In an early assessment, Lee wrote that Rezwan’s English was better than she expected, but he was still worried for family members who had been left behind in Afghanistan. “We are just trying to get them familiarized with our language and culture,” she wrote on Jan. 29, 2022. “He is in survival mode, but seems very grateful to be here.”

On his second day of school, a classmate noticed Rezwan was missing from class. She wrote to him over Instagram.

Instagram direct messages between Rezwan and a classmate (Obtained by ProPublica and the Kansas City Star)

The classmate, who asked not to be identified, asked Rezwan: “Do you live close to the school, because maybe my mom could take you.”

“Yes, but your mom will be bothered,” he wrote back. “Unless your mother is merciful.”

The classmate and her mother drove Rezwan to school the next day. They hummed along to the radio and helped Rezwan practice English. “I can understand you,” he’d tease when she and her mother tried to break down a new phrase for him.

Rezwan and his classmate continued to message each other regularly the first few weeks he was at Webb City. But his attempts to connect with her often seemed to miss the mark.

(Obtained by ProPublica and the Kansas City Star)

When she asked Rezwan whether he had made any new friends, he said no.

(Obtained by ProPublica and the Kansas City Star)

One student who did befriend Rezwan was Judah Beard. They met during a school pickleball lesson. Judah was a senior, three grades above Rezwan. But they were around the same height, both athletic and fans of soccer. They bonded over fashion and their similar sense of style. “He used to ask me all sorts of questions: how I got my hair so soft, where to buy jeans, what I thought about America’s wars.”

Beard tried to introduce his senior classmates to Rezwan. But they found little in common with the Afghan teen.

Back home, Rezwan had amassed a following on TikTok, where he would flirt with the camera while lip syncing Bollywood ballads and dramatic Afghan song lyrics about life, love and sometimes death. At his new school, Rezwan would share TikToks of people falling down or farting that the other kids found childish. Some videos were in Dari, which the other teens couldn’t understand.

Watch video ➜

Sometimes kids would ask Rezwan a question and he’d turn to his phone for a translation. Beard recalled that the resulting exchanges often didn’t make sense, and kids started to feel as though they were talking to a computer.

“He’d try to ask a question. I wouldn’t understand and he’d get frustrated and stop trying,” Beard said. “Most of the kids didn’t know his name. When he had no one to talk to, he’d go on FaceTime,” talking to friends and family back home.

Rezwan tried to get noticed. He started wearing tight pants and satiny shirts, leaving the top three buttons undone, hoping to look like soccer star Cristiano Ronaldo. When he wore chunky sneakers, classmates mocked him for “knockoff Yeezys.”

Beard remembers that students in gym class made a point of walking on the opposite side of the basketball court from Rezwan.

“It’s not natural to see,” said Beard. “I’d see him over to the side, walking at the same pace as everyone, and there would be no one near him.”

His English teacher, Lee, tried to help Rezwan. She emailed RAISE on Feb. 22 asking again for cultural training. Three weeks later, RAISE’s newly hired school enrollment coordinator, Madeline Bridgford, wrote back asking how school was going for the Kohistani family.

By late March, Rezwan was struggling to make it through the school day, either leaving early or arriving midday, attendance records show. Lee wrote in an email at the time that she tried to reach out to Rezwan’s parents, but they didn’t respond. Lemar said he was out of town visiting family.

When RAISE’s Bridgford responded to Lee, the coordinator said none of the teacher’s problems were unique. Other schools and Afghan families were also requesting additional resources from RAISE. “I actually just found out today that school in Afghanistan is ½ day,” she wrote. “I’m only part-time and it’s actually insane how just an incredible amount of things need attention every day!!” (Bridgford did not respond to requests for comment.)

On March 28, Rezwan told Lee that he was moving in with his uncle in nearby Joplin and transferring to Joplin High School, where a few Afghan kids were enrolled. But that move never happened. He missed 16 classes that week, according to attendance records.

“I don’t know what’s going on with him, he seems to think he can make his own rules,” Lee wrote to a Joplin teacher over email.

His parents said that after their evacuation, they weren’t always focused on Rezwan. He was the eldest of their six kids, and they expected him to help the family navigate life in the United States.

But when Ramadan started in April, Rezwan told his mother and younger brother Emran that others made fun of him for not eating during lunch.

Muzhda said she wasn’t sure what to do. “I told him that if it doesn’t get better, that I’d talk to his teachers at school,” but she never did, she recalled. She said she didn’t know how to support Rezwan when he was wrestling with a system and culture so foreign to her.

She said that she wasn’t used to seeing her oldest son struggle. In Kabul, Muzhda recalled, Rezwan was happy and had no mental health issues. “He was a good student and a good brother to his siblings.”

Lemar and the family’s surviving children at their home in Missouri (September Dawn Bottoms, special to ProPublica)

But Rezwan’s problems in Missouri were getting worse. “He has 3 Fs right now,” Lee wrote to RAISE’s Bridgford on April 28.

Despite Lee’s effort to flag Rezwan’s troubles, Webb City schools Superintendent Anthony Rossetti said “other than an initial visit … there were no other visits with the counseling team.” Nor did the school set up an alternative learning plan, despite the district allowing students to take half days or attend virtual classes. Although the school did not schedule any follow-up meetings with Rezwan’s parents, it did send them automated calls every time Rezwan was not in class.

The same week that Lee sent an email about Rezwan’s grades, RAISE gave Lemar a questionnaire to assess how the family was doing.

It was a survey from the U.S. Committee for Refugees and Immigrants, the group that had first taken the family’s resettlement case and then subcontracted it. The form had multiple-choice questions that asked whether the family had proper housing and access to food. One of the questions was about mental health, offering a rating of 0 to 3. Lemar circled “1,” which he explained later was a reference to his own mental health struggles.

RAISE arranged a virtual appointment for Lemar to meet with a Dari-speaking therapist. The therapist recommended that the family move, Lemar recalled.

Rezwan had been begging to move since they arrived in Oronogo. He’d set his sights on Dallas, Texas, where the Kohistanis had relatives and a larger Afghan community that had expressed a willingness to support the family. In mid-April, Rezwan and Lemar had driven to Dallas to assess their future home. The trip was a success and the Kohistanis had made plans to move.

But when Lemar told RAISE about the planned move, Newman, the group’s executive director, visited the Kohistanis at home and encouraged them to stay until the end of the school year. “Their Welcome Team is trying to encourage them to stay,” Bridgford wrote on April 28 to Lee, Rezwan’s teacher. The “Welcome Team” were church volunteers organized to help the family.

Rezwan’s father agreed to hold off.

The family had planned to move on May 4. Instead, Rezwan arrived at school and confronted Lee to demand a new path to graduation. He insisted he was 17 years old and couldn’t spend four more years at school.

Later that day, Rezwan ate alone and texted his mother goodbye. Rezwan’s parents were not worried. They assumed he had gone to spend the night with his uncle in Joplin. Rezwan had done that a few times before.

Early the next morning, police received a 911 call. A student had been found dead near the high school baseball field.

The preliminary autopsy report declared Rezwan’s death a suicide, though the final report stopped short of making a definitive determination because police have yet to complete their investigation.

If you or someone you know needs help, here are a few resources:

Call the National Suicide Prevention Lifeline: 988

Text the Crisis Text Line from anywhere in the U.S. to reach a crisis counselor: 741741

Rezwan was buried on May 6 after a service in the mosque outside Joplin. Dr. Tabassum Saba, a leader of the area’s small Muslim community, started a fundraiser for the family. “Not everyone here is a hatemonger. Not everybody is KKK.

But putting families in rural areas is going to be traumatic,” said Saba, who is a psychiatrist. “They would have been better off in many other places.”

Saba remembers seeing Rezwan's 5-year-old sister comforting Muzhda, and students from Webb City consoling Lemar.

The few students who’d befriended Rezwan grieved. A former classmate ran out of her classroom in tears when she saw his seat empty the next morning. “I think this whole thing could have been avoided if there were other Afghan kids and he had a group to be in instead of being alone,” his friend Beard recalled.

Others were callous. One student expressed surprise that Rezwan hadn’t died trying to “blow up the school,” multiple classmates recalled. The boys who had sat at Rezwan’s lunch table before he disappeared were asked about him by investigators. None recognized him. One said, “What’s a Rezwan?”

Webb City High School (September Dawn Bottoms, special to ProPublica)

Rossetti, the superintendent, said he’s still unsure exactly what happened to Rezwan, but he feels responsible. “We’re doing a lot of reflective soul-searching.”

He also said the school district hadn’t been given the guidance it needed. “We didn’t even know what the right questions to ask were. We didn’t know what support or approaches we may need. We didn’t even know if we were going to get one student or 50.”

The district has since hired a diversity coordinator and a counselor to monitor migrant students for trauma, and it’s hosting a suicide and bullying prevention workshop. Each change is a product of the district’s experience with Rezwan, Rossetti said.

Lee, Rezwan’s former teacher who had tried to get help for him, did not want to speak about what happened.

“I can’t think about it. I don’t think I can even talk about it. I’m trying to put it away so I can move on and try to heal,” Lee said. “It was the hardest thing I’ve ever been through in my entire career.”

When asked whether she and the school had enough support, Lee responded, “I don’t know if I want to answer that.”

Each entity that was tasked with taking care of the Kohistanis offered similar sentiments: They expressed sympathy for the family’s loss but took no responsibility for the difficulties the family faced.

The head of RAISE said Rezwan’s death is a tragedy, but he remains committed to the group’s expansion into refugee resettlement. “I’m very proud of what we’ve done. We’re very proud of Joplin. It’s risen up,” Newman said. He and RAISE declined to answer a lengthy set of questions from ProPublica and The Kansas City Star about the group’s resettlement work.

The International Institute of St. Louis, whose Springfield branch passed off the Kohistanis to RAISE, was the on-the-ground entity responsible for the family. It had to follow federal guidelines for the resettlement of refugees, including regular performing check-ins.

The International Institute did not respond to detailed questions about how it handled the Kohistanis’ case and why it handed families off to an organization with no resettlement experience.

In earlier communications, the organization said it had properly handled the Kohistanis’ placement. “We made the best decision with the information and resources we had,” the Institute’s Costigan said in an interview. “RAISE said they had the housing to support large families, and that’s what this family needed.”

The nonprofit originally tasked with resettling the Kohistanis, the U.S. Committee for Refugees and Immigrants, also declined to address questions about its handling of the Kohistanis’ case.

“We will not speculate on the circumstances of this tragic event to prevent further damage and pain to the Kohistani family,” it said in a statement. The organization noted that while “the resettlement system had been decimated,” Afghans were only placed in communities after “careful consideration and assessments involving housing, employment, transportation, school enrollment, and more.”

The federal government typically requires its main refugee partner organizations, including the U.S. Committee for Refugees and Immigrants, to audit their resettlement subcontractors and ensure that refugees have been properly cared for.

“USCRI continues to adhere to the goal of auditing all our service providers at least every three years, and we continue to achieve that aim,” said Kevin Sturtevant, a spokesperson for the organization. He declined to comment on plans to audit the International Institute.

Responsibility for resettling America’s Afghan allies ultimately falls on the Biden administration.

The State Department, which oversees the placement of refugees, said in a statement:

“We grieve with the Kohistani family, as well as the community in Missouri who opened their arms to welcome them.” It went on to point to “a staffing shortage at many refugee resettlement agencies” and said that the government “worked closely with the resettlement agencies to address these challenges.”

The investigation into Rezwan’s death remains open. Webb City police have been waiting since May for law enforcement in Joplin to unlock Rezwan’s phone, which was found near his body. (Joplin police declined to comment.) Investigators still hope to check the phone for any potential evidence.

“This is new territory for us,” said Webb City Police Chief Don Melton, who could not remember a time when his department was responsible for possible evidence on a locked mobile phone or had a case go on for more than five months. Even Rezwan’s age remains a mystery to investigators. While Rezwan’s parents and passport say he was 14, the police report noted “his real date of birth is unknown.”

The Kohistanis stayed in Missouri through the summer, awaiting word on the investigation.

On Aug. 15, 2022, a year to the day after Kabul fell to the Taliban, they finally moved to Dallas.

Lemar and family spend the morning packing up their U-Haul and getting rid of odds and ends before setting off for Texas. (September Dawn Bottoms, special to ProPublica)

The Kohistanis now have cousins and an extended community of other Afghans to rely on for meals, child care and guidance. And the kids are starting afresh at a school dedicated to immigrants and English language learners.

Lemar has had severe back pain since Rezwan’s death. He was planning to get his trucking license, but he hasn’t. He has also been putting off his plans to be an Uber driver.

Instead, Lemar spends much of his time mulling over his son’s death. Suicide is a sin in Islam, and Lemar remains convinced that Rezwan wasn’t capable of it.

“To survive war then come to America to be buried?” Lemar said, his voice trailing off. “What else is there to say? We are lost.”

Lemar prays on the balcony of his home the night before he left with his family for Texas. (September Dawn Bottoms, special to ProPublica)

About This Story

This story, a partnership between ProPublica and The Kansas City Star, is based on dozens of hours of interviews with the Kohistanis, other newly arrived Afghans, the local Islamic community, church volunteers, Rezwan’s classmates, school officials, law enforcement officers, employees at the International Institute and RAISE, and federal resettlement officials and experts. We also relied on a variety of records obtained through public records requests, including subcontracting agreements, school emails, Rezwan’s final autopsy report and video documenting his last days.

We reviewed death records, scene photos, police reports, surveillance footage from inside Webb City High School, Rezwan’s social media posts and his mobile phone data usage.

We published photos and texts from Rezwan with the consent of the Kohistani family.

Do You Have a Tip for ProPublica? Help Us Do Journalism.

by Kartikay Mehrotra, ProPublica, and Matti Gellman, The Kansas City Star

Complaint Filed Against Mississippi Judge for Failing to Hand Over Search Warrants to Clerk

2 years ago

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

The Mississippi head of a legal advocacy organization has filed a formal complaint with the state judicial commission against a municipal judge whose no-knock search warrants have been challenged in court.

Cliff Johnson of the Mississippi office of the MacArthur Justice Center said he filed the complaint with the state Commission on Judicial Performance to push the state Supreme Court to clarify that judges must hand all search warrants they sign over to local court clerks.

Greenville Municipal Judge Michael Prewitt signed a number of no-knock search warrants that have been challenged in court. Those warrants allow police to barge into someone’s home unannounced. Rather than turn search warrants that he signs over to the clerk, he keeps them. Key legal figures in the state say that violates court rules.

In a statement released before he filed the complaint on Tuesday, Johnson said Prewitt’s handling of search warrants violates Mississippi’s rules of criminal procedure, thwarts public scrutiny and prevents people charged with crimes from defending themselves during the early phase of proceedings.

“It is our hope that the filing of this Judicial Performance complaint will result in the Mississippi Supreme Court sending an explicit reminder to Judge Prewitt and other judges across the state that they are responsible for making sure court files are complete,” Johnson said in the statement.

The complaint follows an investigation by the Northeast Mississippi Daily Journal and ProPublica, which reported that search warrants, including no-knock warrants, are missing from some of the state’s largest municipal courts and many county-level justice courts.

The Daily Journal and ProPublica found that about a third of the state’s 82 county-level justice courts are breaking rules that require them to keep all search warrant records. So are municipal courts in at least five of the state’s 10 largest cities, including Greenville and Jackson, the capital.

Even if the commission substantiates Johnson’s complaint, it could choose to admonish Prewitt privately. Sanctions beyond that, including a suspension, fines or a public reprimand, would require action by the Mississippi Supreme Court.

Hundreds of complaints are filed each year. Since 2010, the Mississippi Supreme Court has sanctioned judges about 50 times following a commission investigation. Many other complaints have resulted in private action.

Johnson declined to provide a copy of the complaint because of confidentiality rules governing complaints before the commission.

Prewitt said Tuesday that he had not yet been notified of a complaint against him. “I’ll be happy to review it and respond to it and go from there,” he said.

In a criminal appeal pending before the 5th U.S. Circuit Court of Appeals, public defender Merrill Nordstrom argues that Prewitt improperly authorized a no-knock search warrant in 2019 after a police informant purchased less than a gram of marijuana from a Greenville man named Antoine Bryant.

Police burst into Bryant’s home early one morning while his children slept. Bryant’s girlfriend alleged that she received a minor injury during the raid.

Nordstrom argues that the evidence seized in the raid should be thrown out because Prewitt had a pattern of approving no-knock search warrants that failed to pass legal muster. However, she wasn’t able to find most of the search warrants Prewitt had signed because they weren’t at the courthouse.

Her motion to suppress the evidence was denied by a federal judge, as were other challenges to Prewitt’s search warrants that were reviewed by the news organizations.

Prewitt told the Daily Journal and ProPublica this year that he keeps search warrants at his law office. Municipal Court Clerk Priscilla Bush said at the time she was unaware he had them.

On Tuesday, Prewitt said he still doesn’t give warrants to the clerk. Citing the complaint now pending against him, he wouldn’t discuss whether he plans to change that.

The news organizations found that 15 justice courts have no search warrants and 16 have only some.

Some justice and municipal courts fail to require law enforcement to return search warrants and related documents, including inventories of what they seized. Others keep search warrant records but won’t let the public see them, defying well-established jurisprudence about the availability of court records.

Exactly how many warrants are missing from clerks’ offices is unknown because they often don’t know when judges sign warrants or when they are executed.

Experts say the failure to allow access to court records prevents oversight of no-knock raids, which have faced increased scrutiny since Louisville, Kentucky, police shot and killed Breonna Taylor in a 2020 no-knock raid.

In previous comments to the Daily Journal and ProPublica, Prewitt argued that his handling of search warrants complies with the rules of criminal procedure, and if not, the Mississippi Supreme Court should clarify its rules.

Johnson’s complaint against Prewitt argues otherwise, and he wants a definitive statement saying so. Johnson has won key legal victories in Mississippi that prevented cities and counties from jailing poor people for their inability to pay fines and fees.

Mississippi’s rules of criminal procedure, set down by the state Supreme Court, require that search warrants and some other related documents be returned to the court. Those rules don’t specify who should receive the documents. But they do say the court clerk is custodian of all court records, and they require that judges turn over to the clerk any documents filed with them.

Several key legal figures who were involved in the drafting of Mississippi’s rules of criminal procedure agreed that judges should provide executed search warrants to the clerk and the court.

“The judge can’t keep it,” said William Waller Jr., a retired state Supreme Court justice. “That’s what the clerk is there for.”

by Caleb Bedillion, Northeast Mississippi Daily Journal

Michigan’s Largest Utility Wants a Rate Hike as It Disconnects a High Number of Customers for Nonpayment

2 years ago

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

Update, Nov. 18, 2022: The Michigan Public Service Commission voted on Friday to approve a rate increase totaling $30.56 million in revenue annually, less than 10% of the $388 million DTE Energy originally requested. Residential bills will increase by less than 1% as a result. The total represents the smallest increase approved for DTE in an electric rate case in at least a decade. The commission also directed DTE to provide it with more details about the impact of its low-income assistance program.

At the same time it pushed for a steep rate hike this year, DTE Energy was shutting off Michigan customers’ electricity for nonpayment at its fastest clip in at least nine years.

DTE, which serves the Detroit area, disconnected electric accounts 176,923 times from January through September of this year, more than in the first nine months of any year since at least 2013, an analysis by Outlier Media and ProPublica found. During the same period Consumers Energy, Michigan’s second-largest utility, disconnected accounts 63,982 times, less than half as often as DTE when adjusted for the number of customers.

In March, a first-of-its-kind analysis by Outlier and ProPublica showed that DTE’s shut-off rate during the COVID-19 pandemic outpaced all other Michigan utilities owned by private investors and regulated by the state.

The news organizations have since revealed how DTE — alone among Michigan utilities — sold customers’ debt to a private company, which sued in court, forced thousands of Detroiters into default judgments and led to garnished wages. The series has shed light on a regulatory system, common across the country, that can prioritize the financial needs of utility companies over affordability and consumer protection.

As it has in the past, DTE stressed that it tries to help customers avoid shut-offs. “We continue to work aggressively and proactively to get help to customers as soon as they experience difficulty with bills,” DTE spokesperson Christopher Lamphear said in a written response to questions.

He said that the company has “a range of safeguards that help prevent service interruptions” and that DTE has helped to secure financial aid for some customers struggling to pay their bills. Lamphear added that most people whose accounts are shut off have their homes reconnected “within one or two days.”

DTE is currently seeking approval from the Michigan Public Service Commission for a rate increase that would bring in an additional $388 million in annual revenue. The company has said it needs the extra money to fund infrastructure improvements that would prevent power outages and improve worker safety. It has not had a rate increase since before the pandemic.

As part of the review process, an administrative law judge made an initial recommendation in September to limit the DTE revenue increase to $145.7 million. The judge did not address either shut-offs for nonpayment or customer debt.

The state commission in recent years has typically approved requests from utilities to raise rates but for smaller sums than requested. Officials have stressed that Michigan law leaves the commission unable to consider the affordability of rates or the impact on customers, instead saying it can only evaluate if DTE’s proposed prices are “reasonable and prudent” for the utility to provide reliable service and satisfy investors.

“There’s not sort of a clear place in Michigan law where it gets to ‘And also can customers afford to pay for it?’” commission chairman Dan Scripps told Outlier and ProPublica this year.

Wayne Metro Community Action Agency, which provides energy assistance to low-income households, has noticed an uptick in requests for help recently. Executive Director Shama Mounzer attributes this, in part, to how inflation is squeezing budgets, the end of temporary pandemic related relief programs and “high bills.”

“Since Oct. 1, we have received over 3,200 requests for energy and gas assistance,” she said. “Around this time last year, we had 1,600 requests.”

As DTE seeks a rate increase, residents, community groups and politicians have voiced concerns about the impact on consumers. And some members of the Detroit City Council have criticized DTE for its debt collection and shut-off policies.

“Putting impoverished people in more economic anxiety right now is bad faith and bad practice for a provider that calls Detroit home,” said Ramses Dukes, legislative director for City Council member Angela Whitfield-Calloway. Dukes said DTE is scheduled to come before the council in January to face questions about how it treats customers unable to pay their bills.

This latest increase in shut-offs comes as a new report on debt collection lawsuits of all types in Michigan provides greater detail on what can happen after a utility disconnection. Some customers are pushed into the hands of debt buyers, including one that has purchased old DTE debt, which then flood the state’s court systems with cases where debtors are at a disadvantage.

For example, nearly 7 out of 10 debtors who were notified about their lawsuit lose by default. And defendants are also almost always legally outmatched by the plaintiffs: About 96% of creditors are represented by a lawyer, compared with fewer than 1% of debtors.

The report, issued by the Justice For All Commission, created by the Michigan Supreme Court to improve access to the civil courts, found that Jefferson Capital Systems was one of the most prolific companies filing debt collection lawsuits in the state.

Jefferson, which both purchases and collects debt, filed a disproportionate number of cases against people living in majority Black neighborhoods, the report said. DTE has sold its customers’ debt to Jefferson in the past — a tactic that was disclosed in an Outlier-ProPublica story. Jefferson has not responded to requests for comment.

Many of the commission’s recommendations focus on giving consumers more information as they navigate the court system. Its report calls for expanding the ways debtors are notified of lawsuits so they’re aware of the claims against them and increasing the evidence creditors must produce in order to file the lawsuit.

The latter would be a “game changer” for Michigan, according to Erika Rickard, project director of the civil legal system modernization project at Pew Charitable Trusts, which partnered on the report. The report recommends that creditors should have to provide proof of the amount of the debt owed and how the debt came into their possession. January Advisors, a data firm, also partnered on the report.

Angela Tripp, vice co-chair of the commission, said in a press briefing this week that her group would begin meeting with local courts and other members of the Michigan justice system in the coming months to begin implementing these recommendations.

Other efforts aimed at helping consumers, such as freezing utility rates or reducing shut-offs, have gained minimal traction.

Environmental justice advocacy groups that have intervened in DTE’s current rate case have asked the Michigan Public Service Commission to explicitly begin holding utilities accountable for their performance on affordability and clean energy offerings by opening up a separate case on these issues. The commission has not done so, however. Asked for comment, the commission said it could not comment on matters currently under review.

Right now the public service commission only has a voluntary work group called the Energy Affordability and Accessibility Collaborative. It includes advocates and meets regularly but has no power beyond issuing nonbinding recommendations.

The effort to get DTE to come before the Detroit City Council to discuss debt collection and shut-offs, meanwhile, has moved slowly. Members first pushed for such a meeting in April.

“We look forward to having a productive discussion with the Detroit City Council,” Lamphear said.

Agnel Philip contributed data reporting.

by Sarah Alvarez, Outlier Media, and Emily Hopkins, ProPublica

More Senate Democrats Seek Investigation of Tech Firm Accused of Colluding With Landlords to Hike Apartment Rents

2 years ago

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The senator tasked with overseeing federal antitrust enforcement is urging the U.S. Department of Justice to investigate whether a Texas-based company’s price-setting software is undermining competition and pushing up rents.

Amy Klobuchar, the Minnesota Democrat who chairs the Senate Subcommittee on Competition Policy, Antitrust and Consumer Rights, sent a letter to the DOJ’s Antitrust Division this month. It was also signed by two other Democrats, Sen. Richard Durbin of Illinois and Sen. Cory Booker of New Jersey.

“We are concerned that the use of this rate setting software essentially amounts to a cartel to artificially inflate rental rates in multifamily residential buildings,” the letter said. It encouraged the DOJ to “take appropriate action to protect renters and competition in the residential rental markets.”

In mid-October, a ProPublica investigation documented how real estate tech company RealPage’s price-setting software uses nearby competitors’ nonpublic rent data to feed an algorithm that suggests what landlords should charge for available apartments each day. Legal experts said the algorithm may be enabling violations of antitrust laws.

ProPublica detailed how RealPage’s User Group, a forum that includes landlords who adopt the company’s software, had grown to more than 1,000 members, who meet in private at an annual conference and take part in quarterly phone calls. The senators raised specific questions about the group, saying, “We are concerned about potential anticompetitive coordination taking place through the RealPage User Group.”

RealPage did not immediately respond to a request for comment.

RealPage has said that the company “uses aggregated market data from a variety of sources in a legally compliant manner” and that its software prioritizes a property’s own internal supply and demand dynamics over external factors such as competitors’ rents. The company has said its software helps reduce the risk of collusion that would occur if landlords relied on phone surveys of competitors to manually price their units.

The DOJ declined to comment on the letter.

The department five years ago reviewed RealPage’s plan to acquire its biggest competitor in pricing software, but federal prosecutors declined to seek to block the merger, which doubled the number of apartments RealPage was pricing.

The senators noted that transaction, saying RealPage has made more than 10 acquisitions since 2016. They said in data-intensive industries, “the ability to acquire more data can result in the algorithms suggesting higher prices and can also increase the barriers to entry” for other competitors. The lawmakers encouraged the department “to consider looking back at RealPage’s past behavior to determine whether any of it was anticompetitive.”

The letter follows two others sent by lawmakers urging the DOJ or Federal Trade Commission to investigate RealPage. Since ProPublica’s investigation was published, three lawsuits have been filed on behalf of renters alleging that the software is artificially inflating rents and facilitating collusion. RealPage has denied allegations in a lawsuit filed in San Diego, and it has not responded to calls for comment about the other two legal actions, filed in federal district court in Seattle.

by Heather Vogell

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

2 years ago

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Gary, Taylor and Davon A Child and a Crisis Gary

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

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

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

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

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

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

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

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

Taylor

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

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

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

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

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

Davon

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

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

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

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

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

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

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

It was a belief that she came to regret.

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

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

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

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

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

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

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

Taylor

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

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

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

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

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

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

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

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

Davon

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

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

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

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

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

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

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

Graham Windham did not respond to requests for comment.

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

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

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

An Education in Treatment Gary

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

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

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

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

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

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

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

Taylor

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

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

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

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

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

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

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

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

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

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

Davon

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2 years ago

This story is in plain language. Read the original text.

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

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

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

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

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

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

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

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

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

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

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

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

Sheltered workshops can pay disabled people a subminimum wage.

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

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

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

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

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

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

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

Dan Gier is in charge of sheltered workshops in Missouri.

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

States have different rules about sheltered workshops.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The law is not working as well in Missouri.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

by Madison Hopkins, The Kansas City Beacon

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

2 years ago

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclosure: McKinsey is a sponsor of ProPublica events.

Mariam Elba contributed research.

Cezary Podkul

The Landlord & the Tenant

2 years ago

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

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

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

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

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

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

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

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

Embers from a bedroom above fall into the kitchen sink.

2. August 26, 1977 • Milwaukee, Wisconsin

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

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

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

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

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

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

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

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

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

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

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

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

Sosa names her Angelica.

4. January 16, 1992 • Milwaukee

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

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

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

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

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

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

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

Velez is convicted of reckless homicide and gets 15 years.

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

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

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

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

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

The judge sentences Sosa to eight years.

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

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

5. May 11, 1992 • Milwaukee

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

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

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

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

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

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

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

6. August 13, 1993 • Milwaukee

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

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

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

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

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

7. September 1996 • Waukesha, Wisconsin

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

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

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

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

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

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

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

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

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

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

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

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

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

The driver is asleep.

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

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

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

Todd Brunner

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

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

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

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

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

9. June 17, 2003 • West Allis

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

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

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

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

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

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

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

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

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

10. June 7, 2007 • Milwaukee

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

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

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

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

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

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

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

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

11. August 15, 2010 • West Allis

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

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

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

12. June 5, 2011 • Milwaukee

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

14. August 31, 2011 • Milwaukee

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

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

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

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

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

Naya with her twin brothers (Courtesy of Rosalie Breckenridge)

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

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

15. January 3, 2012 • Milwaukee

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

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

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

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

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

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

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

“And who is that attorney?”

“He doesn’t want his name out there.”

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

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

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

16. March 9, 2012 • Brookfield, Wisconsin

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

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

The rental home’s owner is Todd Brunner.

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

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

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

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

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

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

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

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

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

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

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

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

18. December 31, 2012 • West Allis

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

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

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

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

19. February 26, 2013 • West Allis

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

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

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

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

Angelica Belen and Naya (Courtesy of Rosalie Breckenridge)

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

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

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

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

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

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

Angelica Belen wakes up around 6 a.m.

Then she wakes up Naya, Adrian and Alex.

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

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

Then it’s 6 miles back.

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

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

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

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

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

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

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

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

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

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

And locks it.

At 3:49, she drives away.

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

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

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

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

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

That sounds serious. But the threat is hollow.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“I have nobody.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“I don’t know!” Belen screams back.

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

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

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

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

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

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

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

“No,” Kulinski says.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

28. September 27, 2013 • Milwaukee County Circuit Court

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

29. October 7, 2014 • Pewaukee

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

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

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

Documents collected: nearly 46,000

Felony charges against Shawn Brunner: 4

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

Felony charges against Todd Brunner: 15

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

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

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

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

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

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

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

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

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

30. December 10, 2015 • Madison, Wisconsin

Local governments see it as a threat to tenants.

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

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

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

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

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

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

31. June 30, 2017 • Milwaukee

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

32. February 12, 2018 • Milwaukee

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

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

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

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

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

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

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

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

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

33. December 10, 2018 • Delafield, Wisconsin

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

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

The battery conviction carries a maximum sentence of six years.

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

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

34. March 31, 2020 • Milwaukee

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

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

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

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

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

“I did nothing wrong,” he said.

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

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

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

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

“Prison saved my life,” she says.

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

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

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

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

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

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

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

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

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

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

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

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

Belen’s son is now 11.

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

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

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

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

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

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

She wants to be worthy of his forgiveness.

36. October 26, 2022 • Delafield

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How We Reported This Story

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2 years ago

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

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

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

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

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

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

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

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

NICA denied wrongdoing in the settlement agreement.

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

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

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

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

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

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

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

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

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

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

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

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

by Carol Marbin Miller, Miami Herald

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

2 years ago

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“A Lot More Complex”

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

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

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

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

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

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

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

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

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

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

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

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

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

—Tennessee state Sen. Richard Briggs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Yes we do,” Brewer responded.

Lynn did not respond to requests for comment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Hide Behind the Skirts of Women”

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

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

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

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

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

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

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

—Tennessee state Sen. Richard Briggs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Next Battle

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

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

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

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

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

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

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

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

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

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

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

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

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

Mollie Simon contributed research.

by Kavitha Surana

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

2 years ago

This story is available in plain language.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Help Us Learn About Sheltered Workshops in Missouri

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

by Madison Hopkins, The Kansas City Beacon

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

2 years ago

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

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

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

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

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

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

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

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

One suit filed Friday on behalf of two Seattle renters alleges a broad pattern of collusive behavior by RealPage and a group of 10 large property managers.

It says that in addition to using RealPage software to inflate rents in downtown Seattle, property managers had employees call competitors regularly seeking detailed nonpublic information on what they were charging — which the employees would change their prices to match. The lawsuit quoted what it said was a former employee of Greystar, the country’s largest property management firm.

“You’d call up the competition in the area,” the former employee said, according to the lawsuit. “Sometimes there’d be a list of 10 people to call. Sometimes just one. You’d ask what they are charging for their apartments. Then you’d literally change the prices right there on RealPage. Manually bump it up.

“It was price-fixing,” the employee continued, according to the lawsuit. “What else can you call it when you’re literally calling your competition and changing your rate based on what they say?”

The lawsuit quoted another former Greystar employee who described making similar calls in Seattle. The worker said someone from another property manager would call looking for pricing information two or three times a day, and added, “If somebody called me looking for numbers, I’d tell them and then turn around and say, ‘now it’s your turn. What are your numbers?’”

The lawsuit said that publicly available data showed that advertised rates for the properties offered by the defendants in the suit in the Seattle area were “consistently higher” than those of nondefendants.

Greystar and nine other firms named in the lawsuit did not immediately respond to requests for comment.

ProPublica found RealPage’s pricing software to be widely used in downtown Seattle, where rents have climbed steeply in recent years. In one neighborhood, ProPublica found, 70% of apartments were overseen by just 10 property managers, every single one of which used RealPage’s pricing software.

Another lawsuit, filed by the same group of lawyers earlier this month in U.S. District Court in Seattle, accused RealPage of helping landlords engage in anti-competitive behavior in the student housing market.

That lawsuit alleges that a University of Washington student paid higher rent prices because of collusion between landlords using RealPage’s software.

The lawsuit names as defendants some of the largest real estate firms in the world, including Greystar and Cushman & Wakefield. It accuses them of artificially inflating rent in such college towns as Seattle; Eugene, Oregon; Tucson, Arizona; Salt Lake City, Utah; Ann Arbor, Michigan; Columbus, Ohio; and Gainesville, Florida.

A spokesperson for Cushman & Wakefield, which also owns another firm named in the lawsuit, declined to comment.

In response to the San Diego lawsuit alleging collusion, a RealPage representative said the company “strongly denies the allegations and will vigorously defend against the lawsuit.” RealPage has said that the company “uses aggregated market data from a variety of sources in a legally compliant manner.” RealPage did not immediately respond to a request for comment on the new lawsuits and congressional letter.

RealPage said previously that its revenue management software prioritizes a property’s own internal supply and demand dynamics over such external factors as competitors’ rents. In an earlier statement, the company said its software helps eliminate the risk of collusion that could occur with manual pricing involving phone surveys of competitor prices.

RealPage’s software uses an algorithm to churn through a trove of data to suggest rent prices. The software uses not only information about the apartment being priced and the property where it is located, but also private data on what nearby competitors are charging in rents. The software considers actual rents paid to those rivals, not just what they are advertising, the company told ProPublica.

ProPublica’s investigation found that the software’s design and reach have raised questions among experts about whether it is helping the country’s biggest landlords indirectly coordinate pricing — potentially in violation of federal law.

Six other firms named in the student housing lawsuit did not immediately respond to requests for comment. One could not be reached.

The lawsuit alleges that before property managers began using RealPage’s software in around 2009, the student housing market in the U.S. was competitive, with landlords offering concessions and giveaways as incentives. It says that RealPage called such maneuvers leaving “money on the table.”

With the software, landlords in the highly concentrated market for student housing found they could set a “top tier price,” the lawsuit says. It adds that the company claims to have a comprehensive data set that includes key performance indicators for nearly 1,000 universities. YieldStar Student, pricing software tailored for student housing, served more than 50 clients as of 2019, the company claimed, according to the suit.

Clients submit detailed internal data on the rent they are charging for each unit to RealPage, the lawsuit says, citing the company. The company’s software recommends a price for each unit, it says, giving landlords “the courage to charge an inflated price by the implicit assurance that all of their competitors were doing the same.”

ProPublica reported previously that RealPage said its software helped its clients outperform the market by 3 to 7%.

The lawsuit said the collusion among property managers using the software eliminated the need for discounts or lower rent prices even at the start of the school year — traditionally a time when competition for student renters is the fiercest.

“Even if some beds remained empty, the monopoly rents RealPage helped extract from the rented units justified the unrented units,” the lawsuit says.

Once RealPage was widely adopted by student housing purveyors, the lawsuit says, landlords shifted “from the previous competitive ‘market share over price’ strategy to a new collusive ‘price over volume’ strategy.”

Pushing price over volume “is characteristic of a cartelized market,” the lawsuit says.

The new strategy increased prices regardless of market conditions and asked landlords to tolerate some unrented units, the lawsuit says — an approach that would fail in a competitive market.

“In the market RealPage and Lessors created, each Lessor had mutual assurances that other Lessors would also keep prices high, leaving students with no choice but to pay what Lessors demanded,” the lawsuit says.

One study of 2017-2018 data by RealPage and defendant Campus Advantage found one 576-bed complex outperformed its market by 14.1%, despite a “negative” occupancy change year over year, the lawsuit says. It adds: “RealPage advised property owners and potential clients, ‘If you want to outperform the market term after term, focus less on occupancy and more on strategic lease pricing.’”

In a statement emailed to ProPublica, Campus Advantage said it “strongly disagrees with the unsubstantiated allegations in the lawsuit and intends to vigorously defend against the claims. Campus Advantage is proud of its track record creating successful communities.”

The lawsuit says the defendants had an opportunity to conspire through RealPage’s User Group Forum, which is composed of clients who want to work together to help the company improve its products, as well as at other RealPage functions and industry trade association gatherings.

RealPage advisors would also be in regular contact with landlords “to keep them up to date on their competitors,” the lawsuit alleges.

RealPage’s actions were not widely known, the lawsuit says. “Only after the recent publication in October 2022 of an article in ProPublica was there a comprehensive presentation of the full scope of the confidential services that RealPage provides to its clients in the real estate industry,” it says.

by Heather Vogell

The Global Threat of Rogue Diplomacy

2 years ago

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After jetting into the capital of Ghana, the international arms broker who called himself “Excellence” greeted his buyers at the Golden Tulip hotel and proposed a secret sale: millions of dollars in missiles and grenades for use against American forces.

“Who else knows I’m with Hezbollah?” Faouzi Jaber asked as night fell on the four-star hotel with a life-sized sculpture of a giraffe in the lobby.

Jaber, who was representing a top operative for the Iran-backed terrorist organization, offered to sweeten the deal. He would help the buyers secure coveted positions as special diplomats — known as honorary consuls — who can travel easily through airports and transport their bags without law enforcement scrutiny.

“I will make you a consul in your country,” Jaber said. “All of your friends will be consuls because when we travel —”

His associate cut in: “You’ll have a diplomatic pass.”

Jaber’s covert offer in the fall of 2012, recorded by federal investigators, promised protection through a little-known international program that gives countries large and small the ability to enlist private citizens to serve as volunteer diplomats around the world.

An artist’s rendering depicting a Ghana hotel room meeting in 2012 between an international arms broker and his buyers. “I will make you a consul in your country,” Faouzi Jaber promised during the secret meeting at the Golden Tulip hotel. (Illustration by Matt Rota for ProPublica and ICIJ)

Founded centuries ago, the honorary consul system was meant as a lifeline for countries unable to afford foreign embassies but has since broadened into a mainstay of international relations, embraced by a majority of the world’s governments.

Unlike ambassadors and other professional emissaries, consuls work from their home countries, drawing on connections and clout to promote the interests of the foreign governments that appoint them. In exchange, consuls gain entry into the lofty world of diplomacy and receive some of the same protections and perks provided to career diplomats.

Under an international treaty, their archives and correspondence cannot be seized. Their consular “pouches” — bags, boxes and shipping containers of any weight and size — are protected from searches. The title and swag, which can include special identity cards, passports and license plates, open doors in industry and politics.

But corrupt, violent and dangerous appointees, including those accused of aiding terrorist regimes, have turned a system meant to leverage the generosity of honorable citizens into a perilous form of rogue diplomacy that threatens the rule of law around the world.

A first-of-its-kind global investigation by ProPublica and the International Consortium of Investigative Journalists identified at least 500 current and former honorary consuls who have been accused of crimes or embroiled in controversy. Some were convicted of serious offenses or caught exploiting their status for personal gain; others drew criticism for their support of authoritarian regimes.

These numbers are almost certainly an undercount — no international agency tracks honorary consuls, and dozens of governments don’t publicly release their names.

ProPublica and ICIJ found that convicted drug traffickers, murderers, sex offenders and fraudsters have served as honorary consuls. So have weapons dealers and those who have advanced the interests of North Korea, Syria and other corrupt governments.

Thirty honorary consuls have been sanctioned by the United States and other governments, including 17 who were designated while they held their posts. Some were members of Russian President Vladimir Putin’s inner circle blacklisted after Russia invaded Ukraine earlier this year.

Nine current and former honorary consuls identified by ProPublica and ICIJ have been linked to terrorist groups by law enforcement and governments. Most were tied to Hezbollah, a political party, social services provider and militant group in Lebanon designated by the United States and other countries as a terrorist organization.

Among the deaths in a 1983 suicide attack on barracks in Beirut were 241 U.S. Marines, sailors and soldiers. (Peter Charlesworth/LightRocket via Getty Images)

Hezbollah’s attacks in Israel, Argentina, Lebanon, Iraq and elsewhere have wounded and killed hundreds, including 241 U.S. Marines, sailors and soldiers who perished during a 1983 peacekeeping mission in Beirut when a suicide bomber drove a truck packed with explosives into their barracks. Earlier this year, a Hezbollah operative was convicted in New York for receiving weapons and bomb-making training from the organization and casing targets for future attacks, including the Statue of Liberty and Times Square.

Former U.S. officials who have investigated Hezbollah’s financial network said the use of honorary consul status by the terrorist group is intentional, well organized and woefully unexamined. In March, the Treasury Department sanctioned a prominent businessman in Guinea, accusing him of funneling money to Hezbollah and using his honorary consul status to move in and out of the country with little scrutiny.

“Hezbollah has realized that if they use these honorary consuls … they can basically move stuff with impunity and no one is ever going to bust them — you flash your diplomatic passport, no questions asked,” said David Asher, a former senior counterterrorism finance adviser for the Department of Defense assigned in 2008 to help oversee a federal investigation of Hezbollah’s criminal network. “It’s a huge seam in our international law enforcement capabilities sweep.”

To identify terrorist operatives and other honorary consuls accused of wrongdoing, ProPublica and ICIJ reviewed court records, government and public policy reports and news archives from six continents. Reporters from more than 50 international media organizations and student journalists from Northwestern University also probed cases.

Some of the identified consuls were accused of wrongdoing previously and named to their diplomatic posts anyway. The majority of the consuls drew scrutiny while they held their positions.

In North Macedonia, intelligence officials found that two consuls allowed their offices to be used as a base for a Russian propaganda operation aimed at limiting the expansion of the North Atlantic Treaty Organization.

In Myanmar, a consul sanctioned by the U.S. and other governments reportedly used his connections to help supply weapons to the brutal military junta during its genocidal campaign against ethnic minorities.

The consuls in North Macedonia have denied wrongdoing; the consul in Myanmar could not be reached for comment.

Once accused, some consuls have tried and sometimes successfully dodged criminal inquiries through bogus assertions of sweeping legal immunity that have confused or obstructed police and prosecutors.

The lawlessness and claims of impunity have largely been met with silence: Few governments have publicly called to put safeguards in place, despite warnings from law enforcement and others.

“Consuls act completely autonomously and are not controlled by the State they represent. … The Spanish government has no chance of intervening in their affairs,” investigators in Spain wrote in a confidential 2019 report about three honorary consuls under investigation for laundering money for a suspected drug trafficker.

The handful of governments that have stepped in to review the honorary consul system, including those in Canada, Bolivia, Costa Rica and Montenegro, have reported lapses in oversight or dangerous breakdowns. Liberia once dismissed nearly all of its honorary consuls, citing reports of criminal activity.

After reporters raised questions, Germany and Austria dismissed a consul in Brazil. Another in Switzerland announced his resignation.

Thousands of honorary consuls remain active around the world, though there is no reliable count or any way to determine how often they break laws or abuse their privileges.

Retired Drug Enforcement Administration supervisory special agent Jack Kelly, who helped bring Jaber to justice, worries that dangerous consuls go undetected.

“What people actually do with that diplomatic immunity,” Kelly said, “most of the time we’ll never really know.”

A System to Empower and Protect

Honorary consuls date back at least to the fall of the Western Roman Empire, when Greece, China, India and countries in the Middle East appointed volunteer foreign liaisons to expand commerce. The arrangement caught on around the world.

In the United States, John Adams, Benjamin Franklin and Thomas Jefferson in the late 1700s referenced the use of consuls — one in London was tasked with intelligence gathering, records and studies show.

The U.S. government, however, stopped appointing its own honorary consuls overseas in 1924, opting to rely exclusively on career diplomats. It was a prescient move: Three years later, an international panel warned that awarding special advantages to private citizens enabled them to compete on an “unfair basis” with business rivals.

Honorary consuls, the panel said, should “no longer exist,” adding that most “are far busier with their personal affairs than with those of the country which has conferred the title upon them.”

Concerns about exploitation mounted, according to hundreds of pages of notes and documents from the United Nations archives. In 1960, an expert on the subject appointed by the United Nations warned that honorary consuls were not subject to disciplinary controls in the same way that career diplomats were.

Still, when dozens of governments gathered a few years later in Vienna, they enshrined in international law a valuable set of benefits that included few protocols for oversight.

Under the Vienna Convention on Consular Relations, honorary consuls were guaranteed the “freedom of movement and travel” in the countries where they served. They could communicate without restraint, their consulate records and correspondence protected from searches and their offices protected from “any intrusion … or impairment of … dignity.”

Consuls received legal immunity in matters involving their work. Though immunity was not extended to unrelated offenses, the treaty stipulated that honorary consuls would be entitled to criminal proceedings “with the minimum of delay” and “the respect due … by reason of his official position.”

Some countries, troubled in part by the secrecy rules for consular pouches — which can be moved by plane, train, car, ship or courier — insisted they would not protect them. Other countries have opted out altogether, declining to appoint or receive consuls.

But diplomacy is a delicate affair: Restricting another country’s representatives, volunteer or otherwise, can produce a reciprocal response. The vast majority of countries have signed on, and though some apply privileges and immunities differently in practice, the overarching rules have remained unchanged in the nearly six decades since.

Honorary consuls say they do valuable work for little or no pay and want to rid the system of abuse.

“Does it worry me? Absolutely it does,” said Louis J. Vella, who represents Malta in California and oversees a national association of foreign and honorary consuls in the United States. Vella has greeted visiting dignitaries and supported Malta’s Special Olympics team when it competed in Los Angeles.

“If you have a bucket of nice Granny apples and you put in a bad one, the Granny apples are going to be very upset,” he said. “It’s very bad because of the tainted image that it will give to everyone else. The greatest majority of honorary consuls do honorable work.”

Last year, the U.S. State Department pressed states to stop issuing vanity license plates to honorary consuls to prevent “further fraud or abuse.” The department pushed back, however, when members of Congress years ago cited terrorism concerns and recommended reviewing the use of diplomatic bags.

The worry among those who have long questioned the honorary consul system is that countries anywhere in the world can put a diplomatic shield around private individuals thousands of miles away simply by naming them consuls.

The title has become so coveted that an industry of online consultants emerged, promising to help deliver honorary consul appointments for tens of thousands of dollars in fees.

“Travel through diplomatic channels as a VIP-person, often with visas,” one international company, Elma Global, boasts online, saying that perks can include no “annoying customs checks” and “unlimited entry and exit privileges.”

“It’s just amazing that you can become the honorary consul tomorrow, if you want to and you’re willing to pay the money,” said Bob Jarvis, an international and constitutional law professor at Florida’s Nova Southeastern University, who has argued for overhauling the system for almost 40 years. “People buy these things or get them as a reward for supporting a political candidate, and people have no idea what they are supposed to be doing. And no one is busy checking them out.”

Elma Global said in a statement that it does not guarantee honorary consul appointments, adding, “We know that there is much scam on the Internet regarding the honorary consul or diplomatic appointments but we are very far from that.”

Around the world, media outlets and governments have occasionally described isolated incidents of wrongdoing among consuls. ProPublica and ICIJ compiled the most comprehensive accounting to date, including consuls identified in criminal or civil cases that have never been publicly reported.

The investigation, which included cases of consuls scrutinized individually or through their affiliated companies, also drew on findings from human rights groups, the United Nations, anti-corruption watchdogs and media organizations. ProPublica and ICIJ were able to identify 57 consuls who were criminally convicted while holding their positions.

The reporting not only showed how frequently the volunteer diplomats get into trouble but also how widely they have exploited their status.

Consuls have invoked diplomatic credentials to avoid searches and arrests — even to avoid tax bills and parking fines. They have stood accused of hiding cash and contraband in their offices and pouches.

One former consul in Egypt was convicted of attempting to smuggle more than 21,000 antiquities out of the country in a diplomatic container, including mummy masks and a wooden sarcophagus, a coffin used by ancient civilizations to honor their dead. Ladislav Otakar Skakal, who was sentenced in absentia to prison, could not be reached for comment.

The use of the system by terrorist financiers and supporters, experts say, is most alarming, threatening the United States and its allies.

Retired Drug Enforcement Administration supervisory special agent Jack Kelly said the use of honorary consul status by operatives tied to Hezbollah is intentional and dangerous. (Matthew Orr)

“This honorary consul thing — that’s the theme,” said former DEA supervisor Kelly, who spent a decade investigating Hezbollah until his retirement in 2016. “It shows a real organized approach to how you’re conducting your activity in Africa and probably around the world.”

“You Are the Consul Official”

Kelly knew very little about honorary consuls in late 2008, when numbers on a cellphone being tracked by the U.S. government led him to an elusive Lebanese businessman who would quickly become a top DEA target.

Kelly was helping to lead a federal operation known as Project Cassandra, established to dismantle Hezbollah’s sprawling criminal empire. From a cubicle in a secret government facility in Chantilly, Virginia, Kelly had studied contacts on a phone used by a Hezbollah envoy suspected of helping to advance Iran’s secret nuclear and ballistic missile programs. Kelly eventually settled on a single phone number in Lebanon.

The number was for Mohammad Ibrahim Bazzi.

“‘Hey, I got this guy. He’s got to be incredibly significant,’” Kelly recalled telling Asher, the Department of Defense adviser who was also overseeing Project Cassandra.

Kelly and Asher suspected that Bazzi was a top Hezbollah financier closely affiliated with the Iranian regime who was laundering illicit money through his companies in Lebanon and Africa.

Former President Yahya Jammeh of Gambia. Mohammad Ibrahim Bazzi, a former honorary consul who was suspected of being a top Hezbollah financier, was an associate of Jammeh’s. (Andrew Renneisen/Getty Images)

In Gambia, Bazzi was a petroleum importer and associate of then-President Yahya Jammeh, a former military officer accused by a Gambian government panel of kidnappings, rape, murder and torture. Jammeh has denied wrongdoing.

Kelly and his colleagues were focused on Bazzi’s alleged criminal activities but eventually discovered that Bazzi was an honorary consul, appointed by the government of Gambia in 2005.

Bazzi presented himself as a consul in 2017 when he stood before the Gambian government panel, accused of paying bribes to Jammeh and contributing to what officials called the “near ruin” of the country. Gambian officials said that Bazzi’s honorary consul status had been revoked several months earlier.

“He had no respect for Gambians or Gambian institutions,” authorities concluded in a final report. “In his quest for wealth, he focused only on profits mostly unlawfully obtained.”

That same year, Bazzi sought to install his son as a consul because he could “exert his influence” over him, according to the U.S. Treasury Department.

Though Bazzi was never criminally prosecuted in the United States, he was designated a Hezbollah financier and sanctioned in 2018. His son was sanctioned one year later for allegedly working on his father’s behalf.

An attorney for Bazzi declined to respond to questions. Bazzi’s son, Wael, could not be reached for comment. In 2019, the men separately sued the U.S. government, seeking to overturn the U.S. sanctions. In court records, the elder Bazzi said the government exaggerated transactions and events that had occurred years earlier and failed to provide evidence that he financed Hezbollah.

Bazzi said that one of his duties as honorary consul was to “strengthen foreign investment ties between Lebanon and The Gambia” and that he ended his relationship with Jammeh in 2016 after a series of threats. He also said he had previously agreed to work as an informant for the U.S. government and was told that he would not be sanctioned.

In 2020, a federal judge dismissed the lawsuit brought by Bazzi’s son. Last year, Bazzi settled his own lawsuit with the U.S. government. Bazzi and his son remain under sanctions, and the State Department is offering a reward of up to $10 million for information on Mohammad Bazzi and others that leads to disruption of Hezbollah’s financial network.

As Project Cassandra pushed forward, honorary consul status emerged again — this time during the operation that netted Jaber, the Hezbollah-affiliated arms broker who met with buyers at the hotel in Ghana in 2012.

The buyers were DEA informants posing as representatives of an internationally known guerrilla group in Colombia seeking to overthrow the government and strike at the U.S. forces stationed in the country.

“We fight against Americans … they are invading my country,” one informant told Jaber, according to a transcript of the conversation obtained by ProPublica and ICIJ and described in a subsequent indictment. “What we need exactly … is a good person that can provide us with weapons.”

“Hezbollah sells,” Jaber said. “... What kind of weapons?”

“You know, M14, M16?” the informant said, referring to rifles. “Grenades, pistols, rifles.”

“Explosives,” Jaber said. “Dynamite and stuff … pow, pow, pow, pow.”

For protection, Jaber offered consulships, saying, “All the high people, all the rich people, [are] all consular.”

“The best is Africa,” Jaber said, adding that “many European white men work as [consuls]” from their home countries when there are no embassies nearby.

At a second meeting with buyers three months later, Jaber said: “We go to any country in Africa. We make you consul of Equatorial Guinea [or] Guinea-Bissau. ... You pay 200,000 dollar[s]. You are the consul official of the country. And you have other passport.”

In 2014, Kelly flew to Prague, where another meeting had been planned, to ensure that Jaber, associate Khaled el-Merebi, as well as the DEA’s top target, Lebanese-born arms dealer Ali Fayad, were taken into custody. Fayad and Merebi were later released by the Czech government, reportedly in exchange for five Czech nationals kidnapped in Lebanon.

Jaber, who had promised to supply surface-to-air missiles, assault rifles and grenades, move and store cocaine in West Africa, and launder the proceeds through bank accounts in New York, was extradited to the United States. He pleaded guilty in 2017 to conspiring to support the Colombian terrorist group and was sentenced to prison.

At the hearing, he pleaded for his freedom, saying he was under the influence of drugs at the time and made a “once-in-a-lifetime mistake.”

“I admit that I committed a crime, but I didn’t do it thoughtfully,” he said. “It wasn’t like I was eager to commit that crime. … I’m asking forgiveness from you and from the American nation and from the U.S. government. I do love the American people.”

In an interview from federal prison in West Virginia, Jaber acknowledged offering honorary consul posts but said the U.S. government doctored the transcripts of meetings to “entrap” him. He added that he opposes Hezbollah.

“Honorary consuls, I know how they work, I know how they are created,” he said. “Honorary consuls move drugs, money. I know many honorary consuls who get up to all kinds of foolishness.”

Quest for Justice

As the agents of Project Cassandra hunted Hezbollah’s arms and drug traffickers, New Jersey attorney Gary Osen was immersed in accounts of Hezbollah’s deadly campaign against U.S. service members in Iraq.

Attorney Gary Osen represents more than 1,000 Americans, including fallen U.S. service members, who are suing Lebanese banks for allegedly violating anti-terrorism laws. Former honorary consul Bazzi, sanctioned for his reported ties to Hezbollah, had accounts at two of the banks, according to the complaint. (Matthew Orr)

Osen and his legal team gathered death records, studied battlefield forensic reports and interviewed the families of fallen soldiers. The research turned up references to honorary consuls who had been linked to Hezbollah’s finance networks.

“Everybody who is a big shot in that world is an honorary consul,” he said. “It is not necessary to their operation. But it is a further lubricant.”

In 2019, Osen filed a lawsuit on behalf of more than 1,000 Americans, including members of the military killed or wounded in Iraq by roadside bombs and other weapons that the complaint links to Iran and Hezbollah.

The active case in federal court in New York accuses 13 Lebanese banks of violating anti-terrorism laws by knowingly managing and moving money for Hezbollah during the deadly attacks, including one that killed U.S. Army Capt. Shawn English while he was riding in a Humvee outside of Baghdad in 2006. The father of three had been nearing the end of a 10-month deployment in Iraq.

In November 2006, before Capt. Shawn English returned to Iraq to finish a 10-month deployment there, he celebrated the third birthday of his son, Austin. English was killed weeks later. (Courtesy of Tricia English)

“Is something wrong with Dad?” 7-year-old Nathan English had asked after saluting the two Army officers who arrived at the family’s Florida home to break the news.

The complaint alleges the banks provided “extensive and sustained material support, including financial services, to Hezbollah … and its operatives, and facilitators,” as well as “vital access to the United States financial system.”

The banks have denied wrongdoing, saying in court documents that they “categorically abhor terrorism and all unjustified acts of violence. But they are not legally or factually responsible for plaintiffs’ battlefield injuries.” The banks also said the complaint did not identify transactions for anyone connected to Hezbollah.

Fransabank in Beirut, one of the lenders named as a defendant in the lawsuit, was acquired by Adnan Kassar and his brother, Adel, who has served as the bank’s deputy chairman and CEO and has been Hungary’s honorary consul in Lebanon since at least 2002, records show.

Bazzi, the sanctioned former honorary consul for Gambia in Lebanon, held an account at Fransabank and another Lebanese bank named in the case, according to Osen’s complaint.

“It’s dirty money. At what cost? How many lives?” said retired Army Staff Sgt. Robert Bartlett, a plaintiff in the case.

Retired Army Staff Sgt. Robert Bartlett in Iraq in 2005, about one month before his convoy was attacked. He has had 40 medical procedures, including major surgeries. (First image: Courtesy of Robert Bartlett. Second image: Matthew Orr.)

Like English, according to court documents, Bartlett and his convoy in Iraq were struck by a particularly lethal variation of a roadside bomb known as an explosively formed penetrator, or EFP.

The bomb in 2005 cut through the door of Bartlett’s Humvee, shearing his face from temple to jaw as smoke choked the vehicle and diesel spilled to the ground. The staff sergeant next to him was decapitated and the gunner between them would lose his legs. Bartlett, 31 at the time, has since had 40 medical procedures, including 12 major surgeries, and managed to regain some function in his face, body and hands.

“The devil wanted me dead,” he said.

The Kassar brothers and Fransabank did not respond to requests for comment.

A Power Center for Consuls

In Lebanon, where Hezbollah operates as a major political party, a provider of popular public services and a feared militia force, honorary consul titles are widely considered a sign of status.

“It’s something like lordships in the British system,” said Mohanad Hage Ali, a senior fellow at the Carnegie Middle East Center in Beirut. “If you have a connection to another sovereign state, whether you know the president or someone in his entourage, you get this honorary consul title. It’s one Lebanese way of saying, ‘I’m important.’”

One writer for a Hezbollah-affiliated newspaper in 2015 quipped in a column titled “The Homeland of the Consuls” that becoming a consul in Lebanon is secured first by “finding an independent island beyond an ocean that no one may have heard of. Second, discovering the most appropriate way to reach its king: a rare diamond, a Rolex watch, or tens of thousands of dollars a year.”

One of Lebanon’s honorary consuls is Ali Myree, nominated by South Sudan in 2019.

Born in Lebanon, Myree was living in Paraguay in 2000 when he was charged with pirating CDs, video games and software. Authorities suspected he was funneling some of the proceeds to Hezbollah, according to Paraguayan media reports.

During a police raid, authorities reportedly found film footage of terrorist attacks and interviews with suicide bombers.

Myree left Paraguay and eventually reemerged in South Sudan, where he became a prominent business leader in the long-troubled country. Myree struck a mining partnership with the president’s daughter and sent a series of payments to a general sanctioned by the United Nations Security Council and others for destabilizing the country, according to a 2021 report by The Sentry, a Washington, D.C.-based group that investigates the financing of armed conflict.

Myree was nominated to become the country’s honorary consul in 2019.

In 2020, the honorary consul of South Sudan in Lebanon, Ali Myree, fifth from left, cuts into a cake decorated with flags of the two countries at a ceremony to open the consulate in Beirut. (Honorary Consulate of the Republic of South Sudan in Lebanon)

“Since the first day we had assumed this responsibility and trust,” Myree said during a celebration of the consulate’s opening in Beirut, where he posed with diplomats and a white cake that bore the flags of both countries.

Myree, who has noted that his motto in life is “the sky is the limit,” denied in a statement ever having a relationship with any terrorist organization. Myree said that piracy was common in Paraguay at the time of his arrest and that he “lacked guidance, education, legal exposure, and experience. … I am also not ashamed of my bad experience, and I do not ignore or hide it.”

He said he was named consul in South Sudan by the country’s president and that his relationships with all of his clients are “merely professional.” “I am proud of the son, husband, father, businessman and honorary consul I am today,” he added.

The Lebanese government did not respond to a request for comment. Neither did a spokesperson for Hezbollah or a local association of Lebanon’s honorary consuls, which published a list of consuls online that included Myree and Fransabank’s Adel Kassar.

That list also included a celebrated businessman in West Africa: Ali Saade.

“To Serve Guinea”

In the teeming African port of Conakry, shoeless men haul sacks of rice off the backs of flatbed trucks and stack them floor to ceiling in a cavernous depot owned by the Sonit Group, the company that made Saade one of Guinea’s richest men.

Saade, 80, was born in the impoverished nation on West Africa’s Atlantic coast, but his mother and wife are from Jwaya, one of a string of villages surrounded by olive and fig trees south of Beirut that has long been a power center for Hezbollah.

In Guinea in 1992, Saade opened Sonit after working in his father’s textile business. He settled into a pristine neighborhood several miles from the Conakry port, where women smoke sardines on abandoned oil drums and children play with crabs plucked from dirty water.

In 2006, Saade was named by the government of Guinea as its honorary consul in Lebanon, where Saade’s wife and daughter live.

Earlier this year, the U.S. government alleged that Saade and another prominent businessman in Guinea, Ibrahim Taher, were key Hezbollah financiers. The government also noted that Taher was an honorary consul for Lebanon in Cote d’Ivoire and used his status to travel in and out of Guinea with “minimal scrutiny.”

Saade stands accused of initiating money transfers from Guinea to Hezbollah and providing “unrestricted access” to the highest levels of the Guinean government for Kassim Tajideen, who was sanctioned by the United States in 2009 for financing Hezbollah. Tajideen was later imprisoned in Maryland for violating the sanction by helping to move more than $1 billion through the U.S. financial system. In 2020, he was released and sent back to Lebanon. He could not be reached for comment.

A resident walks past fishing boats on the coast of Conakry, Guinea, a short distance from the airport where U.S. Treasury officials allege two prominent Hezbollah financiers boarded a flight for Lebanon. (Will Fitzgibbon/ICIJ)

The U.S. government also alleged that Saade, Taher and others traveled in 2020 to Lebanon on a special flight with a “large amount of money” that the group claimed was for COVID-19 relief. The coronavirus had been used before as a cover for transferring funds from Guinea to Hezbollah, authorities said.

Both men were sanctioned in March.

After the sanctions, prosecutors in Guinea launched a criminal investigation.

In an interview, Saade said he acted in his capacity as honorary consul when he connected Tajideen to Guinea’s former president.

“‘Listen, Ali, as honorary consul you should do something to encourage investment,’” Saade recalled the former president saying.

Saade said he did not know that the U.S. had sanctioned Tajideen. In a statement, Saade added that he carried only $800 when he flew to Lebanon with Taher and others in 2020. “I never gave or transferred one dollar to Hezbollah,” Saade said.

Taher, 59, did not respond to requests for comment. He has previously denied the allegations, saying in a statement that he has no connection to Hezbollah and has “never used any illegal means to transfer funds out of Guinea.” He also said he has never been an honorary consul.

In July, an appeals court judge in Guinea closed the criminal investigation, saying there was no evidence of terrorism financing. The judge also pointed to a Guinean government investigation showing that Taher was not an honorary consul.

Guinean authorities have appealed the court’s ruling, according to an official.

Saade said that the Guinean government suspended his honorary consul status after the U.S. sanction but that he’s not concerned about what comes next. He said he met with Guinea’s new president shortly after the sanctions were announced.

“He reassured me that there will be no acts of injustice,” Saade said. “I acted as a consul to serve Guinea. It’s to help the country.”

Do You Have a Tip for ProPublica? Help Us Do Journalism.

Reporting was contributed by Nicole Sadek, Jelena Cosic, Margot Williams, Miriam Pensack, Emilia Díaz-Struck, Benedikt Strunz, Jan Strozyk, Jesús Albalat, Akoumba Diallo, Noel Konan, Diana Moukalled, Emmanuel K. Dogbevi, Saska Cvetkovska, Bernd Schlenther and Sophia Baumann; and Jordan Anderson, Hannah Feuer, Michael Korsh, Michelle Liu, Grace Wu, Linus Hoeller, Dhivya Sridar, Quinn Clark and Henry Roach, of the Medill Investigative Lab.

by Debbie Cenziper, ProPublica; Will Fitzgibbon and Delphine Reuter, International Consortium of Investigative Journalists; and Eva Herscowitz and Emily Anderson Stern, Medill Investigative Lab

Consul Cases: Details of Troubled Diplomats Around the World

2 years ago

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A first-of-its-kind global investigation by ProPublica and the International Consortium of Investigative Journalists identified at least 500 current and former honorary consuls who have been accused of crimes or embroiled in controversy, including those convicted of serious offenses or caught exploiting their status for personal gain. The problem dates back decades, yet few governments have publicly called for reforms to the largely unregulated system of international diplomacy.

Here are snapshots of prominent honorary consuls whose personal, business or diplomatic activities have drawn scrutiny, in some cases from the highest levels of government.

Ali Koleilat

APPOINTED BY LIBERIA TO SERVE IN BRAZIL

Lebanon-born Ali Koleilat, described as a “businessman” in United Nations sanctions lists, served as Liberia’s honorary consul in Brazil. It’s not clear when he started or left his diplomatic post; a European media outlet in 2003 identified him as a consul.

In 2004, the U.N. Security Council sanctioned Koleilat, accusing him of delivering weapons to Liberian president and warlord Charles Taylor before his resignation in 2003. Koleilat was also sanctioned by the European Union and the United States. He was arrested in Belgium in 2014, accused of conspiring to transport cocaine on a plane registered in the United States. Belgian media reported that Koleilat claimed the protection of diplomatic status. He was extradited to the U.S. after intelligence officers discovered that Hezbollah, the Lebanese political party and militant group, planned to secure his release by threatening Belgian prosecutors and others involved in the case, according to interviews and reports. Koleilat pleaded guilty to drug charges this year and was sentenced to time served.

Through his attorney, Koleilat declined to comment. The U.N. sanctions were lifted in 2009 and the European sanctions about a month later. The U.S. sanctions were lifted in 2015.

Ali Myree

APPOINTED BY SOUTH SUDAN TO SERVE IN LEBANON

Ali Myree is a Lebanese hotel operator and a prominent businessman with interests in South Sudan.

While living in Paraguay in 2000, Myree was arrested and charged with selling millions of dollars in counterfeit software. Authorities suspected that he was funneling the proceeds to Hezbollah, the Lebanese political party and militant group, according to media reports and The Sentry, a Washington, D.C.-based group that investigates the financing of armed conflict. Myree left Paraguay. In South Sudan, he established business ties with the ruling elite. In 2020, Myree became South Sudan’s honorary consul in Lebanon.

In a statement, Myree denied ever having a relationship with any terrorist organization. He said that piracy was common in Paraguay at the time of his arrest and that he “lacked guidance, education, legal exposure and experience.” He added, “I am proud of the son, husband, father, businessman and honorary consul I am today.”

Ali Saade

APPOINTED BY GUINEA TO SERVE IN LEBANON

Ali Saade, a prominent businessman in Guinea, founded Sonit Group, a frozen-fish company that has entered the coffee and cacao industries. Saade, whose family is from Lebanon, was appointed honorary consul there by Guinea. He divides his time between the two countries.

In March, the U.S. Treasury Department sanctioned Saade and another prominent businessman, Ibrahim Taher, alleging that they operate in Guinea as key financiers of Hezbollah, a political party and militant group that the U.S. and other countries have designated a terrorist organization. Saade helped initiate money transfers from Guinea to Hezbollah, the Treasury Department said. Taher is also an honorary consul, according to the department, and used his status “to travel in and out of Guinea with minimal scrutiny.”

In an interview, Saade said he acted honorably as consul and denied financing Hezbollah. Saade said he is not serving as honorary consul while the Guinea government investigates the U.S. allegations. Taher did not respond to requests for comment. He has previously denied accusations by the U.S. government and said he is not an honorary consul.

Aziz Nassour

APPOINTED BY LEBANON TO SERVE IN ANGOLA

Aziz Ibrahim Nassour, born in Sierra Leone, comes from a family of diamond merchants. In the mid-1990s, Nassour served as Lebanon’s honorary consul in Angola, where he reportedly imported food during the country’s civil war.

A Belgian intelligence report in 2000 said that Nassour and his family-owned company had been tied to the financing of Middle Eastern terrorist organizations through the sale of illegal African diamonds. Nassour was sanctioned by the United Nations Security Council in 2004. He was convicted in Belgium that year of trafficking in blood diamonds.

Nassour did not respond to requests for comment but has previously denied any ties to radical Islamic organizations and involvement in any criminal activity. The U.N. lifted sanctions in 2015. The company, which could not be reached for comment, has previously denied wrongdoing.

Boro Djukic

APPOINTED BY RUSSIA TO SERVE IN MONTENEGRO

Boro Djukic served as Russia’s honorary consul in Montenegro, occupying the inaugural post from 2014 to 2018. He was previously Ukraine’s honorary consul in Montenegro.

Djukic, a former Montenegrin bureaucrat, helped found in 2017 a populist political party opposed to the country’s bid for NATO membership. The Montenegrin government later withdrew its consent for Djukic’s honorary consul appointment. In 2020, the country’s chief prosecutor said Djukic was under investigation for attempting to import forged Russian police badges into Montenegro. Djukic subsequently went to Russia, according to news reports.

Djukic did not respond to requests for comment. He has previously said, “I am not a Russian citizen, but as a person who loves Russia, I represented it in the best possible way.” Djukic has also said the police badges were made in Serbia and were cheaper than those in Russia. He said that the badges were taken from him because of “increased control.” ProPublica and ICIJ could not determine the status of that investigation.

Jean Laprade

APPOINTED BY CANADA TO SERVE IN GUINEA

Canadian businessman Jean Laprade was a director of a gold mining company in Guinea. He served as Canada’s honorary consul in Guinea from 2006 to 2015.

Authorities in Guinea say Laprade, while serving as an honorary consul in 2015, raped a 12-year-old girl at his consular residence. Believing that Laprade was a consul general — a position with more diplomatic privileges than honorary consul — authorities did not arrest him, enabling him to leave Guinea for Canada, according to reporting by Africaguinee. In 2017, Laprade was convicted in absentia in Guinea and sentenced to 12 years in prison.

Laprade did not respond to requests for comment. He has previously denied wrongdoing.

José Luis López Fernández

APPOINTED BY MALI TO SERVE IN SPAIN

José Luis López Fernández served as Mali’s honorary consul in Barcelona, Spain, for about eight years. His position ended this year.

As part of a wider drug trafficking probe, Spanish authorities are currently investigating López Fernández and two other honorary consuls suspected of money laundering. In a report, investigators complained that consuls act “completely autonomously and are not controlled by the State they represent.” No charges have been filed against López Fernández.

An attorney for López Fernández said his client is innocent and only tangentially involved in the wider investigation. “My client is a prestigious businessman and has presented in court all the supporting documents of the legality of his investments,” the attorney said, adding that police had misunderstood the privileges and activities of honorary consuls in Spain. “He is not a public figure but an honest businessman whose integrity and innocence have been unfairly questioned,” the attorney said.

Karl Burkhadt

APPOINTED BY EL SALVADOR TO SERVE IN SWITZERLAND

Karl Burkhardt, a Swiss financier, was an honorary consul in Switzerland from 1993 to 1996.

Burkhardt was arrested in 1996 after he accepted a suitcase with $2 million from an undercover U.S. agent posing as a drug dealer. According to the criminal complaint, Burkhardt had promised to launder the money and had provided the agent a phone number for a consulate in Switzerland. “Burkhardt told me that the telephone line could be used safely,” the agent recalled in court records. “He said that it was a consulate telephone line so even if someone is listening, the information could not be used.” Burkhardt pleaded guilty to conspiracy to commit money laundering and was sentenced in 1997 to prison.

Burkhardt could not be reached for comment. At his 1997 sentencing hearing, he said, “I made a big mistake last year and I regret that I did it.”

Ladislav Otakar Skakal

APPOINTED BY ITALY TO SERVE IN EGYPT

Ladislav Otakar Skakal served as Italy’s honorary consul in Egypt until 2014. He also worked as a boat manager for a tourism company in Luxor, according to local media.

Though no longer an honorary consul, Skakal in 2017 sent more than 21,000 Egyptian antiquities, including coins, pots and a wooden coffin, in a diplomatic container to the Italian port city of Salerno, according to court records. Italian authorities searched the container and discovered the relics only after a paperwork mistake. In 2020, Egyptian authorities sentenced Skakal in absentia to 15 years in prison for attempting to smuggle antiquities, according to media reports. Skakal is believed to be in Italy.

He could not be reached for comment.

Mohammad Ibrahim Bazzi

APPOINTED BY GAMBIA TO SERVE IN LEBANON

In 2005, businessman Mohammad Ibrahim Bazzi was appointed honorary consul in Lebanon under the regime of then-Gambian President Yahya Jammeh, according to court records. In 2017, the Gambian government terminated Bazzi’s appointment.

The U.S. Treasury Department sanctioned Bazzi in 2018, declaring that he was a Hezbollah financier who had channeled millions of dollars to the militant group through his business activities. The department also said he was a “close associate” of Jammeh, who has been accused of corruption and human rights abuses. A government corruption panel in Gambia in 2019 found, among other things, that one of Bazzi’s companies had stolen public money and that he had paid bribes to Jammeh. Bazzi was declared persona non grata.

An attorney for Bazzi declined to respond to questions. In 2019, Bazzi sought to overturn the U.S. sanction. In court records, he said the government had failed to provide evidence that he had financed Hezbollah. He also said he ended his relationship with Jammeh in 2016 after a series of threats. The sanction is still in place. Jammeh has denied wrongdoing.

Robert Shumake

APPOINTED BY BOTSWANA AND TANZANIA TO SERVE IN THE UNITED STATES

Robert Shumake, a Detroit-area businessman, was honorary consul for Botswana from 2012 to 2015 and for Tanzania from 2013 to 2015.

In 2016, after Shumake’s tenure as honorary consul ended, airport authorities in Charlotte, North Carolina, seized more than $250,000 from the carry-on bag of one of his associates. The bag tested positive for cocaine, according to documents from the civil forfeiture case. Shumake told authorities that the cash was obtained as part of a legitimate fundraising event and denied the allegations related to drugs. Shumake also said he was representing an international nonprofit and had diplomatic immunity. The case was later settled.

In an unrelated case, Shumake pleaded guilty in late 2017 to misdemeanor violations after his mortgage auditing company was accused of improperly taking fees from distressed homeowners. Last year, the U.S. Securities and Exchange Commission sued Shumake and others, alleging that they had set up a fraudulent crowdfunding scheme that promised investors profits from the cannabis industry.

David Michael, Shumake’s attorney in the cash seizure case, said that “there was no guilt associated with that money” and that the donations were collected for legitimate purposes. “The government has been on a rampage to seize any cash that anybody has,” Michael said. The SEC case is ongoing. In court documents, Shumake denied wrongdoing, saying he only served as a consultant and bears no liability.

Sergej Samsonenko

APPOINTED BY RUSSIA TO SERVE IN NORTH MACEDONIA

Sergej Samsonenko launched a sports betting business in Russia and later parlayed it into an international sports gambling empire. Samsonenko served as Russia’s honorary consul in North Macedonia from 2016 until August.

In 2014, before he was appointed honorary consul, Samsonenko appeared in a promotional video for a pro-Kremlin political party in North Macedonia. In 2017, a leaked report by North Macedonia’s intelligence service accused honorary consulates overseen by Samsonenko and another consul in the country of being “intelligence bases” and of being used by Russia to interfere with North Macedonia’s bid to join NATO. North Macedonia ended Samsonenko’s honorary consul appointment without explanation in August.

Samsonenko declined to comment, calling reports about him “lies and slander.” He has previously denied using his diplomatic status to advance Russia’s interests and said he did not use his office as a “spy center.” “I am not a political person, I am an honorary consul of Russia and I should support the politics of my home country,” Samsonenko told the Macedonidan news outlet Fokus in 2019.

Schucry Kafie

APPOINTED BY JORDAN TO SERVE IN HONDURAS

Schucry Kafie has served as Jordan’s honorary consul in Honduras since 1984. His influential family has many companies, including the medical supply firm Distribuidora Metropolitana SA, or DIMESA.

In 2015, prosecutors accused DIMESA of selling medical equipment at inflated prices to the Honduran government, in what authorities alleged was a “mega-fraud.” Kafie was among those arrested on charges that DIMESA had overbilled the government on a $118 million contract. In 2016, a Honduran court opted not to prohibit Kafie from leaving the country, noting that he was an honorary consul who sometimes needed to travel. The charges were later dismissed.

Kafie said that he was appointed as consul after the death of his father, who had held the position for 20 years. “There is no benefit,” Kafie said. “It is an honorable job.”

He said that the criminal charges were politically motivated and that the company did not overcharge the government. He added that the court allowed him to leave the country for health reasons and not because of his consular status.

A 2017 DIMESA statement said that that there was no corruption, that the contract was obtained through a transparent process and that the company complied with its terms.

Waseem Ramli

APPOINTED BY SYRIA TO SERVE IN CANADA

Syria appointed businessman Waseem Ramli as honorary consul in Montreal in 2019.

Ramli’s appointment concerned members of the Syrian diaspora in Canada because of his public support of Syrian President Bashar al-Assad. Since 2011, Assad’s regime has killed more than 200,000 civilians, the Syrian Network for Human Rights reported. Ramli’s red Hummer displayed a photo of the president, and Ramli has defended Assad in social media posts. In 2019, Canada rescinded its approval of Ramli’s consular appointment before his term began. Canada’s then-foreign minister called Ramli’s views “shocking and unacceptable,” and the government launched a review of Canada’s honorary consul system.

Ramli could not be reached for comment. At the time of his nomination, he said he would represent Syrians regardless of their political views.

by Debbie Cenziper, ProPublica; Will Fitzgibbon, International Consortium of Investigative Journalists; Eva Herscowitz, Medill Investigative Lab; and Nicole Sadek, International Consortium of Investigative Journalists

Key Findings From the “Shadow Diplomats” Investigation

2 years ago

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“Shadow Diplomats” is a first-of-its-kind investigation of a largely unregulated and under-the-radar system of international diplomacy that allows volunteer diplomats working from their home countries to represent the interests of other nations.

Media outlets and governments around the world have for years described isolated incidents of criminal behavior and other misconduct among so-called honorary consuls. ProPublica and the International Consortium of Investigative Journalists exposed the scale of misuse and exploitation by rogue consuls, examined the absence of even cursory monitoring by governments and documented how a system meant to create helpful alliances between countries has in some cases harmed vulnerable communities from Eastern Europe to Central America.

The investigation identified at least 500 current and former honorary consuls who have been accused of crimes or embroiled in controversy.

  • Criminal consuls: Some consuls were accused of serious crimes, including drug and weapons trafficking, murder and fraud. At least 57 were convicted of crimes while they held their honorary consul positions.

  • Abuse of status: Some consuls abused their positions to enrich themselves, evade law enforcement or advance political agendas. Consuls have stood accused of hiding cash and contraband in their offices and pouches. They’ve invoked diplomatic credentials to avoid searches, arrest and imprisonment and to facilitate travel.

  • Links to terrorist groups: Nine honorary consuls identified by ProPublica and ICIJ have been linked to terrorist groups by law enforcement and governments. Most were tied to Hezbollah, a political party, social services provider and militant group in Lebanon. Former U.S. officials who have investigated Hezbollah’s financial network said the use of honorary consul status by the terrorist group is well-organized and threatens national and international security.

  • Defenders of Putin: Some consuls have drawn public criticism or were removed from their posts for having supported and defended Russian President Vladimir Putin, and in several cases they have been accused of acting as agents of the Kremlin. Moscow’s honorary consuls have remained active in some countries even as the U.S. and its allies levied sanctions amid Russia’s invasion of Ukraine.

  • Pay to play: An online industry of consultants offers to help deliver honorary consul appointments for tens of thousands of dollars in fees. “Travel through diplomatic channels as a VIP-person” one company boasts online.

  • Oversight breakdowns: Governments have appointed thousands of honorary consuls, but no one has a reliable count. Seventy-eight countries do not publicly identify their honorary consuls, a lack of transparency that can impede law enforcement. Despite reports of problems, few countries have publicly announced reviews or reforms of the system.

by ProPublica

About the “Shadow Diplomats” Investigation

2 years ago

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“Shadow Diplomats” marks the first collaboration between ProPublica and the International Consortium of Investigative Journalists. One hundred and sixty journalists from 46 countries joined the reporting.

The investigation shines light on one of the least-examined roles in international diplomacy: the honorary consul. These volunteer diplomats work from their home countries to promote the interests of foreign governments, typically in places without an embassy or consulate.

Many honorary consuls provide valuable services. But the system, intended to leverage the experience and connections of upstanding citizens, has empowered unscrupulous operators and imperiled vulnerable communities around the world.

ProPublica, ICIJ and media partners identified at least 500 current and former honorary consuls who were accused of crimes or embroiled in controversy. Some were convicted of serious offenses or caught exploiting their status for personal gain; others drew criticism for their support of authoritarian regimes.

Consuls have stood accused of hiding cash and contraband in their offices and pouches. They’ve invoked diplomatic credentials to avoid searches and arrests. They’ve denounced sanctions against Russia and publicly supported the invasion of Ukraine.

The numbers are almost certainly an undercount. Seventy-eight countries do not make public the names of their honorary consuls. The lack of transparency and accountability fuel the controversies at the heart of this investigation.

Before the investigation was published, questions from reporters working on the project prompted impact in two countries. Germany and Austria announced the dismissal of one consul in Brazil. Another consul in Switzerland announced his resignation.

How the Reporting Started

Scattered references to honorary consuls have surfaced for years in leaked documents at the center of multiple investigations by ICIJ and its partners into the world of offshore wealth.

ProPublica reporter Debbie Cenziper and ICIJ reporter Will Fitzgibbon began pulling together narratives and case studies chronicling the abuses perpetrated by honorary consuls. Media partners around the world, as well as student journalists from Northwestern University’s Medill Investigative Lab, led by Cenziper, were instrumental to this effort.

The names of consuls — or sometimes simply their titles — came up in news clips, government investigations, sanctions lists and other reports. Reporters searched court databases in Brazil, France, Ukraine, Spain and Germany, and they submitted public information requests in Croatia, Finland, El Salvador and Honduras, among other countries.

Patterns started to emerge. The team identified consuls who have been linked by law enforcement and governments to the terrorist group Hezbollah — reporting featured prominently in ProPublica and ICIJ’s lead story.

The team also identified consuls sanctioned by the United States and other governments, including members of Russian President Vladimir Putin’s inner circle. Those findings will feature in a forthcoming story that examines Russia’s use of the honorary consul system.

Transparency Challenges

There is no international database of honorary consuls, and many countries maintain poor records or release no information at all. ICIJ’s data team contacted the foreign ministries of countries that failed to make the names of their consuls public. Reporters requested the names of their consuls and other information about them; most ministries failed to reply.

Using information from public records requests and lists of consuls published online, the team created an index to assess the transparency of countries and their honorary consul appointments.

The findings will be part of a forthcoming story about how governments have failed to oversee the troubled system of international diplomacy.

ProPublica contributors: Debbie Cenziper, Ziva Branstetter, Matt Orr, Lisa Larson-Walker, Boyzell Hosey, Diego Sorbara, Lena Groeger, Alexis Stephens, Tracy Weber and Steve Engelberg.

ICIJ contributors: Will Fitzgibbon, Delphine Reuter, Ben Hallman, Emilia Díaz-Struck, Nicole Sadek, Dean Starkman, Margot Williams, Richard H.P. Sia, Hamish Boland-Rudder, Asraa Mustufa, Antonio Cucho Gamboa, Joe Hillhouse, Pierre Romera, Jelena Cosic, Fergus Shiel and Gerard Ryle.

See a complete list of ICIJ international partners.

Northwestern University’s Medill Investigative Lab students: Eva Herscowitz, Emily Anderson Stern, Jordan Anderson, Hannah Feuer, Michael Korsh, Michelle Liu, Grace Wu, Linus Hoeller, Dhivya Sridar, Quinn Clark, Henry Roach, Evan Robinson-Johnson, Susanti Sarkar, Margaret Fleming, Julian Andreone and Sela Breen.

Additional contributors: Belinda Lichty Clarke from the Medill School of Journalism, Media and Integrated Marketing Communications and independent journalist Héctor Silva Ávalos.

by ProPublica