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EPA Takes Action to Combat Industrial Air Pollution

2 years 10 months ago

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The Environmental Protection Agency launched sweeping changes this week to address long-standing problems brought to light by ProPublica’s reporting on industrial air pollution. Shortly after the November publication of our investigation, administrator Michael S. Regan toured some of the largest toxic hot spots identified by our analysis and said the agency was consulting ProPublica’s work as it considered reforms. On Wednesday, Regan announced the EPA’s next steps, which include a significant expansion of air monitoring in some of the most polluted neighborhoods in the country and a new wave of unannounced inspections of polluters.

“We are going to keep these facilities on their toes so that they’re doing their due diligence all the time and not just when there’s a planned inspection,” he said. “Being on the ground, seeing the situation for myself, and talking directly with community members, it is startling that we got to this point.”

The lack of high-quality information about what’s poisoning America’s air was among the biggest problems identified by ProPublica. Without good data, residents have no way of knowing about the dangers of what they’re breathing in and regulators are unable to act. Experts say that the agency’s commitment to ramping up air monitoring is a necessary move toward reducing excess emissions. The EPA announced a new Pollution Accountability Team that will launch this spring; it will use a plane to track emissions from above while inspectors monitor the air from the ground. The team will also work to improve the agency’s capacity to measure contaminants like ethylene oxide, a highly potent chemical that can lead to lymphoma and breast cancer. The EPA plans to focus these efforts on areas in the South that ProPublica’s analysis identified as having some of the highest excess cancer risks in the nation, including Mossville, Louisiana, and a corridor of heavily industrialized land along the Mississippi River known as Cancer Alley. The agency also said it would invest more than $600,000 to buy and deploy air-monitoring equipment across the region.

“These are really important steps,” said Robert Bullard, a sociologist at Texas Southern University who has spent decades documenting the disproportionate effects of pollution on communities of color in the U.S. “We’ve had incremental change and we’ve had ups and downs. But the arc right now is bending toward justice.”

In early November, ProPublica’s unprecedented data analysis revealed more than 1,000 hot spots of toxic industrial air pollution that the agency has allowed to take root across the country. We found that facilities were elevating the cancer risk of more than a fifth of the nation’s population, including 256,000 people exposed to risks the EPA deems unacceptable. In predominantly Black census tracts, we found that the estimated cancer risk is more than double that of majority-white tracts. During his trip across the South later that month, Regan toured hot spots in the Houston ship channel, Cancer Alley and Mossville, which community leaders said had never been visited by an EPA administrator. Residents shared personal stories with Regan about how environmental officials had ignored their concerns for decades even as they lost family members to cancers that they believed were linked to chemicals in the air. “We’re announcing actions that EPA is taking in direct response to what I saw and what I heard on the ground,” Regan said this week. “These conditions are unacceptable in the United States of America, and we can only move forward successfully as a nation when we lift people up and out of harm’s way.”

Regan speaks to the press in front of a cemetery in St. James, Louisiana, during his November tour. (Kathleen Flynn, special to ProPublica)

Several of the EPA’s reforms address the concerns raised by residents in Cancer Alley and Mossville, historically Black communities that are disproportionately affected by pollution. The EPA issued a notice of violation to Nucor Steel Louisiana in St. James Parish for unauthorized emissions of hydrogen sulfide and sulfuric acid mist, two pollutants that can irritate the eyes and throat. (Nucor didn’t respond to requests for comment.) It also required a chemical plant owned by Denka, which emits the carcinogen chloroprene, to install monitors at the fenceline of its facility. Jim Harris, a spokesperson for Denka, said that the company looks “forward to a continued dialogue with Administrator Regan and the EPA” and added that it has been working with the St. John community “for some time and will continue to do so.”

ProPublica reported on the pollution from a massive plant owned and operated by the South African chemical giant Sasol, which emits ethylene oxide and contributes to 39% of the excess estimated cancer risk in Mossville, according to our analysis. In January, regional and local officials conducted an inspection of the Sasol plant, and this week, the EPA issued a letter to the company regarding potential Risk Management Plan violations found during the inspection. Sarah Hughes, a spokesperson for Sasol, said that the company is “reviewing the inquiry and will respond to the agency within the time period requested.”

While touring the perimeter of the Sasol plant with Regan in November, members of the Concerned Citizens of Mossville told the administrator about the need for higher quality air monitoring data, which they said the Louisiana Department of Environmental Quality had failed to gather. (The LDEQ has not responded to ProPublica’s request for comment on this matter.) The EPA has now provided funds for the LDEQ to purchase a continuous monitor to be placed across the road from Sasol’s Lake Charles Complex and has committed to reviewing the data independently. “This is a long-overdue action, and we’re really happy that it’s occurring,” said Kimberly Terrell, a staff scientist at the Tulane Environmental Law Clinic, who works with the residents of Mossville and who told Regan about some of the issues with the LDEQ’s monitoring system during his tour. More broadly, the EPA has said that it will conduct reviews of several aspects of Louisiana’s air monitoring network. “We have heard from our clients that they are excited at the prospect of action because so often it’s all talk and little action.”

The EPA also previously announced an unprecedented $20 million in grants for community air monitoring, which residents we featured in our stories are applying for. Jennifer Crosslin, co-president of a concerned citizens group in Pascagoula, Mississippi, said her organization plans to apply for a grant to monitor the air in one of the city’s neighborhoods. The subdivision sits next to several large polluters, including an oil refinery and a shipyard. Residents have complained about noxious odors and persistent health symptoms for a decade. ProPublica’s analysis of EPA data shows that the facilities release enough pollution to raise the estimated industrial cancer risk in parts of the subdivision to levels the EPA considers unacceptable. The Mississippi Department of Environmental Quality conducted some local air monitoring several years ago, but it decided against additional monitoring even though one of the samples showed cumulative cancer risks that exceeded EPA’s guidelines.

The EPA delegates the majority of its enforcement powers to state and local authorities, which means that the environmental protections afforded to Americans vary widely between states. A quarter of the 20 hot spots with the highest levels of excess risk are in Texas, and almost all of them are in Southern states known for having weaker environmental regulations. Advocates in Louisiana and Texas said that they welcomed the EPA’s willingness to take stronger actions in their backyards. “These environmental agencies in Southern states historically have had tremendous problems when it comes to enforcement of environmental protections,” Bullard said. “A lot of communities are looking to the federal government to do what our state agencies just won’t step up and do.”

Community leaders said they were heartened by the administrator’s commitment to scrutinizing some of the worst polluters in their neighborhoods. During the EPA’s tour of Cancer Alley, Robert Taylor, the founder of the Concerned Citizens of St. John, spoke candidly with Administrator Regan about the pollution that had displaced and sickened the parish over the decades. Taylor, who was born in Reserve, Louisiana, in 1940, said that after years of agitating for change, Regan’s actions seemed like “a miracle.”

“We have been so downtrodden and beaten down from our efforts of trying to protect ourselves,” Taylor said. “It has reinvigorated this community to see an official from the government actually protecting us.”

Robert Taylor speaks to Regan during the administrator’s tour of St. John the Baptist Parish in Cancer Alley. (Kathleen Flynn, special to ProPublica) Correction

Jan. 27, 2022: This story originally misstated how the EPA’s Pollution Accountability Team is planning to track emissions from above. The team will use an ASPECT plane, not a helicopter.

by Ava Kofman and Lisa Song

Despite Decades of Hacking Attacks, Companies Leave Vast Amounts of Sensitive Data Unprotected

2 years 10 months ago

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Consider some of the episodes last year in which large quantities of personal data were stolen: 300 million customer and device records for users of a service that’s supposed to shield internet traffic from prying eyes; a 17.6-million-row database from a second organization, containing profiles of people who participated in its market research surveys; 59 million email addresses and other personal data lifted from a third company. These sorts of numbers barely raise an eyebrow these days; none of the incidents generated major press coverage.

Cybertheft conjures images of high-tech missions, with sophisticated hackers penetrating multiple layers of security systems to steal corporate data. But these breaches were far from “Ocean’s Eleven”-style operations. They were the equivalent of grabbing jewels from the seat of an unlocked car parked in a high-crime neighborhood.

In each case, the companies left the data exposed online with little or no security. So says Pompompurin, a pseudonymous hacker who posted the millions of stolen records cited above on RaidForums, a discussion board popular with cybercriminals seeking personal data. Pompompurin told ProPublica that he often doesn’t need to do much hacking to get his hands on sensitive personal data. Many times, it’s left in cloud storage folders available to anyone with internet access. Pompompurin said he scans the web for such unguarded material and then leaks it on RaidForums “because I can and it’s fun.”

The exposed data extends far beyond what can be found on RaidForums, ranging from the prosaic and useless to the ultravaluable. In recent years, it has included everything from names, emails and chat transcripts of users of a sex cam website to America’s secret terrorist watch list to a virtual hard drive from the federal government with sections classified as “top secret.”

Such incidents helped make 2021 a record year for data breaches, according to the Identity Theft Resource Center. Data exposure events, in which sensitive data is left sitting online, were responsible for cybersecurity incidents involving an estimated 164 million of the 294 million people victimized in 2021, according to the center.

For years, companies have been vowing to harden their electronic defenses as cybersecurity firms repeatedly warned them about the pitfalls of this form of laxity. But to little avail. “It keeps happening because people commonly forget or they just think it’s private when it isn’t,” Pompompurin told ProPublica.

There’s another reason, one that companies don’t like to talk about: It’s often cheaper to clean up a breach than it is to avoid one in the first place. Corporate losses from a data breach typically run around $200,000, according to a recent study of 56,000 cybersecurity incidents published by the Cyentia Institute, a cybersecurity research firm.

The low costs don’t justify investing more in data security, according to Sasha Romanosky, a researcher at the RAND Corporation who has studied the issue. “The companies don’t bear the cost of these actions,” Romanosky said. “It is borne by the consumers.”

The tab for taxpayers is mammoth. Identity theft enabled what may turn out to be the biggest fraud wave in U.S. history, siphoning off tens if not hundreds of billions of dollars of unemployment insurance payments, small business loans and grants. For unemployment insurance systems alone, estimates of the loss have ranged from around $90 billion to $250 billion or more. Whatever the ultimate figure, it will fall on the shoulders of taxpayers.

Meanwhile, vast quantities of data remain undefended. About 8 billion files are exposed across cloud storage folders on the internet, according to Grayhat Warfare, a service that monitors open cloud storage folders and lets users search their contents. And a total of at least 7.2 million databases are exposed online, according to an internet scan performed for ProPublica by Censys, a search engine that catalogs internet-connected devices and services, ranging from database servers to computers managing drive-thru restaurants to surveillance cameras.

The result is that gathering personal data on individuals is easier today than it was a decade ago, said Ngô Minh Hiếu, a reformed hacker who once ran an online store offering up personal data on about 200 million Americans. Stores like the one he once ran have proliferated online in recent years. “The information, it just sits there waiting for you to get it,” Hiếu said.

Hiếu is now a so-called white hat hacker, seeking to identify black hats, like Pompompurin, and help companies guard against vulnerabilities they may exploit. But when it comes to exposed data in the U.S., the black hats are winning.

Americans rarely get a glimpse of hackers, much less what their work entails. They might be surprised to learn how little experience is needed. People often think hackers are highly sophisticated, Troy Hunt, creator of data breach tracking website Have I Been Pwned, told ProPublica. But in reality, there’s so much unsecured data online that most of the 11.7 billion email addresses and usernames in Hunt’s collection come from young adults who watch a few instructional videos and figure out how to grab them for malicious purposes. “It’s coming from kids with internet access and the ability to run a Google search and watch YouTube videos,” Hunt said in a 2019 talk about how hackers gain access to data.

Hiếu was once one of those teenagers. He grew up in a Vietnamese fishing town where his parents ran an electronics store. His dad got him a computer at age 12 and, like many adolescents, Hiếu was hooked.

His online pursuits quickly took a wrong turn. First, he started stealing dial-up account logins so he could surf the web for free. Then he learned how to deface websites and abscond with data left exposed on them. In high school, he joined forces with a friend who helped him pilfer credit card data from online stores and make up to $500 a day reselling it.

Eventually fellow hackers told him the real money was in aggregating and reselling Americans’ identities. Unlike credit cards, which banks can cancel instantly, stolen identities can be reused for various fraudulent purposes.

Beginning around 2010, Hiếu went looking for ways to get detailed profiles of Americans. It didn’t take long to find a source: MicroBilt, a Georgia-based consumer credit reporting firm, had a vulnerability on its website that allowed Hiếu to identify and take over user accounts. Hiếu said he used the credentials to start querying MicroBuilt’s database. He sold access to the search results on his online data store, called Superget.info.

MicroBilt spotted the vulnerability and kicked Hiếu out, setting off a monthslong standoff during which, Hiếu said, he exploited several vulnerabilities in the company’s systems to keep his store going. MicroBilt did not respond to requests seeking comment.

Tired of the back and forth, Hiếu went looking for another source. He found his way into a company called Court Ventures, which resold aggregated personally identifiable information on Americans. Hiếu used forged documents to pretend he was a private investigator from Singapore with a legitimate use for the data. He called himself Jason Low and provided a fake Yahoo email address. Soon, he was in.

Ngô Minh Hiếu in Ho Chi Minh City (Yen Duong, special to ProPublica)

Hiếu’s fake account turned Superget.info into a go-to destination for cybercriminals, what U.S. prosecutors later described as the Amazon of stolen identities. In essence, Hiếu was a wholesaler, dealing search results for particular details like driver’s licenses or Social Security Numbers or packages of identity information. He offered individual and bulk search plans and allowed cybercriminals to resell the data in their countries via reseller arrangements. One of his biggest resellers was a Russian going by the alias “Devil.” Other customers were located in the U.S., Ukraine, Brazil, Romania, Vietnam, Ghana and Nigeria, according to Matt O’Neill, a senior special agent at the U.S. Secret Service, which began investigating Hiếu in 2011. By distributing the data so widely, Hiếu “caused more material financial harm to more Americans than any cyber fraudster,” O’Neill said.

By the time he was 22, Hiếu estimated, he was earning $100,000 to $150,000 a month in a country where the average person earns less than $200 per month. He splurged on luxury cars, like a customized Hyundai, a BMW and a Lexus, and got himself a $10,000 cellphone. He treated his family to vacations at high-end resorts and helped his parents repay some debts. When they asked how he was making his money, recalled his sister Ngô Nora, he’d say he was creating websites.

Hiếu’s empire began to unravel when the Secret Service alerted Court Ventures’ parent company, Experian, to his activities, and the firm cut off his data access. (Experian has said it didn’t know about Hiếu’s fake account with Court Ventures when it bought the company in 2012. A spokesperson said the company is “deeply committed to helping consumers protect their data from today’s increasingly sophisticated cyber criminals.”)

Addicted to his opulent lifestyle, Hiếu went looking for another data source. O’Neill, the Secret Service agent, saw an opening: He convinced a cooperating defendant in another case to message Hiếu and offer him the promise of an even better data source than Experian — but only if he’d meet with another contact in the U.S. territory of Guam to strike a deal.

Hiếu resisted the entreaties at first, O’Neill recalled in an interview. But in February 2013 Hiếu gave in and hopped on a flight to Guam. Soon after he landed, finally putting him within reach of U.S. law, the Secret Service arrested him.

Facing up to 45 years behind bars, Hiếu agreed to cooperate and pleaded guilty to multiple counts of fraud. He let O’Neill use his email and online persona to talk to his customers. O’Neill said he spent two years asking them why they were seeking to buy people’s personal information. Most said they wanted the data so they could file fake tax returns in other people’s names and obtain the refunds. The Internal Revenue Service estimated that nearly 14,000 victims had fraudulent tax returns filed in their names claiming a total of $65 million in refunds using data from Hiếu’s store. Evidence gathered by O’Neill helped in the prosecution of about two dozen of the perpetrators.

Hiếu said he had never wondered why his customers wanted data. “It’s just numbers, information,” he told himself when he ran his website. It was only after he was sentenced to 13 years in prison in July 2015, he said, that he realized the harm he had caused.

Hiếu was shuffled among local and federal prisons in New Hampshire, Ohio, Louisiana, New Jersey, New York, Mississippi and Texas as he cooperated with authorities in various cases against his former clients. The low-security prisons gave him an opportunity to keep in touch with the outside world and to rehabilitate himself, which he’d vowed to do.

Hiếu completed anger management and life skills classes, according to court records, and attended group counseling sessions during his stay at a county jail in Dover, New Hampshire. He started reading the Bible. His counselor at the Dover jail, Minnett Induisi, said Hiếu took responsibility for his actions. “In all my years of working at the jail, I have never seen someone so committed to making himself a better person,” said Induisi, who has taught at the jail for 41 years.

In 2016, Hiếu wrote a long email to the assistant U.S. attorney who had prosecuted his case. It detailed his acts, including the MicroBilt and Experian hacks, along with his theft of 100,000 credit card details from a U.K. retailer and personal data from U.S. and Canadian payday lenders. He wrote that he found his targets by running a service that scanned the internet 24 hours a day to find vulnerabilities in websites that he could use to steal data.

Hiếu said he wrote the email because he no longer had anything to hide. He dreamed of returning online not as a cybercriminal but as a researcher who would help catch cybercriminals. To maintain his skills and keep up with cybersecurity news, he used tablets in prison libraries, read books and wrote a digital security guide for the average person. He called it “Online Security Tips From a Former Hacker” and vowed to publish it when he left prison.

The need for white hats, Hiếu could see, was exploding. Hacking itself was as old as computer networks, but the rise of cloud computing had multiplied the opportunities exponentially. Governments and businesses around the world had embraced the cloud, migrating ever more data and software from their own computers to remote servers accessed via the internet. The move revolutionized e-commerce, making it easier and faster to store data, share files, stream videos, develop apps, collaborate and create new software and technology of all sorts. The trend, well under way in the first decade of the century, only accelerated in the 2010s.

The speed of the migration had a downside. In their rush to embrace cloud computing, businesses and governments often forgot to secure the data they were moving into the cloud. Often, the failure to change a single setting on a database server or a storage folder on a cloud service meant the difference between keeping it private or exposing it to the world.

Anyone looking to find unprotected data could fire up a specialized search engine and start sifting through the internet like a prospector searching for gold. In mid-2015, Chris Vickery, an IT help desk technician at a Texas law firm, started using one such search engine called Shodan to identify devices and services connected to the internet. Within months, he discovered a trove of customer data belonging to MacKeeper, a popular antivirus tool for Mac users. “I have downloaded over 13 million accounts’ details from a publicly accessible and completely exposed database,” he wrote in a Dec. 14, 2015 email alerting MacKeeper to the vulnerability.

Volodymyr Diachenko was on the receiving end of that alert, which prompted a swift response from MacKeeper. At the time, he was a PR manager for the company, based in Ukraine. Vickery’s discovery prompted Diachenko to team up with Vickery and start hunting for similar vulnerabilities. “It was so alarming and disturbing that I wanted to learn more about how it happened and to start alarming other companies about how much they have exposed,” Diachenko said in an interview. Diachenko and Vickery found massive quantities of untended data, including passport data and Social Security Numbers, scattered across the web.

Black hats took notice, too. In 2015, an individual calling himself Omnipotent launched RaidForums, an online message board where hackers could advertise leaked databases and store them for easy retrieval. The website became the destination of choice for black hats looking to share data or auction off their finds to the highest bidder, aggregating billions of leaked records across thousands of data dumps.

A person who responded to messages directed to Omnipotent told ProPublica that he founded RaidForums because he believes in freedom of information: “And what I mean specifically is that if a hacker is in the dark web selling a database with your information you should yourself be aware of it and able to access that data for free through my services or similar.” Omnipotent acknowledged that individuals with malicious motives may access the data as well, “but that’s no reason to just stop making data free.”

Similar sites increasingly abound. WeLeakInfo offered personal information obtained in over 10,000 data breaches containing some 12 billion searchable records until it was shut down by authorities in 2020. Analysts for cyber threat intelligence firm Flashpoint have noticed about 100 websites offering up stolen identities over the past year. ProPublica spotted similar services operating on the messaging app Telegram, which abruptly shut some of them after our inquiry.

The proliferation of such sites is crucial to the techniques used by cybercriminals. They often combine pieces of stolen information from various sites to build profiles of targets for exploitation. It’s why hackers often build huge collections of leaked databases and “trade them like Pokemon cards,” said Allison Nixon, chief research officer at cybersecurity investigation firm Unit 221B.

What has become an ongoing war between white hats and black hats necessitates vigilance and swift action. When Diachenko intentionally left a database exposed in 2020 to see how long it would take for it to get noticed and accessed, the first intrusion came just 8 hours and 35 minutes after it went live, followed by 174 more over 12 days. The experiment ended when an attacker deleted the database contents and left a ransom note demanding a Bitcoin payment to avoid having the data posted online.

Often it’s not clear if companies take any action in response to warnings from white hats. On Oct. 8, Diachenko discovered the collection of 300 million customer and device records for users of several virtual private networks, which help internet users shield their web traffic. He alerted the company that owned the services, ActMobile Networks, but did not get any response for nearly three weeks. (ActMobile didn’t reply to ProPublica’s inquiries.) Eventually, ActMobile denied having any databases and threatened to “take action” against Diachenko if he wrote about his discovery. By then, black hats had noticed the data as well. On Nov. 1, the records made their debut on RaidForums.

That data was posted by Pompompurin, who joined RaidForums in October 2020 and quickly became one of its most active members. Pompompurin, whose alias was borrowed from a Japanese cartoon dog, told ProPublica that he has leaked around 20 databases online and has more than 100 “on my pc just chilling.”

Collecting and sharing data isn’t just a pastime for him. It’s also a commercial enterprise at times. After another hacker obtained customer data from the stock-trading app Robinhood in November, Pompompurin helped sell the material, posting an ad on RaidForums seeking bids for the spoils. “No lowball offers,” the advertisement read. “This is highly profitable if in the right hands.” He confirmed that he sold it, but wouldn’t say for how much.

The ease with which companies’ data can be harvested led Pompompurin to write a blog post praising ransomware. The post argues that the high cost of ransom might finally prompt companies to take data security seriously.

Pompompurin appears to be a sort of nondenominational hacker, targeting not only lax companies, but even other cybercriminals. For example, he figured out a way to get a copy of the credit card details for customers of WeLeakInfo. He dumped those online too.

Pompompurin is happy to discuss his activities and his philosophy, but not his identity. (Pompompurin was willing to confirm that his preferred personal pronoun is “he.”) Still, some clues about his potential identity may be starting to appear as he spars online — black hat vs. white hat — with a cybercrime investigator named Vinny Troia, who has been researching his activities and recently purported to unmask him.

In November, Troia published a blog post tracing the Pompompurin alias to a cybersecurity professional in Calgary, Alberta, named Chris Meunier. Meunier started hacking around the age of 14, according to Troia, cycling through various online aliases as he collaborated with a childhood friend on data heists conducted by a fearsome hacking group known as the Dark Overlord. (A website for a Calgary-based company called WhitePacket lists its proprietor as Meunier. He did not respond to emails seeking comment and could not be reached by phone.)

Pompompurin denied that he’s Meunier in a message exchange with ProPublica and in a Nov. 16 blog post on his website. Pompompurin describes himself on his site as a “threat actor, website administrator and proud Canadian.” He has retaliated against Troia, including by commandeering an FBI email alert system and using it to send out fake emails about him. Pompompurin told ProPublica he did that “because it was fun.”

Pompompurin’s public jousts with Troia reveal the hacker’s thinking. In April, when Pompompurin published a post on RaidForums unveiling the trove of 59 million email addresses and other information on tens of millions of Americans, he also posted a screenshot of a chat with Troia about whether to make the data available. Troia urged him not to do so.

“What would you gain by leaking it,” Troia asked.

“Nothing,” Pompompurin responded.

“Then why do itb,” Troia asked.

“Because I wanna,” he answered.

“Just to expose more peoples info,” Troia responded.

“Yes,” Pompompurin said.

Photos of Hiếu before and during his time in prison. He was 23 when he was arrested. (Yen Duong, special to ProPublica)

White hats gained a new recruit when Hiếu returned to Vietnam in August 2020 after seven and a half years in prison, about six years earlier than expected thanks to his cooperation and good behavior.

Hiếu was shocked when he realized how much he’d missed while in prison. His sister Nora had gotten married and had a child. His ex-girlfriend, who broke up with him while he was in prison, was in a new relationship and about to marry someone else.

Once Hiếu adjusted to his new life in Ho Chi Minh City, he published his online security guide and went looking for a job. The Vietnamese government hired him as a researcher at its National Cyber Security Center, where his job involves monitoring RaidForums and similar platforms for black hats who seek to exploit Vietnamese targets. “I love it because I chase those people who I was before,” he said. Hiếu hasn’t crossed paths with Pompompurin, but said he saw a bit of his younger self in the hacker: “I just feel like I was that kind of guy back in the day.”

When Hiếu comes across hackers whose activities may be of interest to U.S. law enforcement, he sends tips to O’Neill, the Secret Service agent who helped put him in prison. O’Neill confirmed that Hiếu has provided the agency “credible and actionable” intel.

One thing immediately became clear to Hiếu after he started his current job: “It’s a lot easier and a lot faster to do cybercrime nowadays,” he said. When Hiếu was running his stolen-data store a decade ago, he often dealt with his customers via email, which exposed him to wire fraud charges tied to the U.S.-based email service he used. Nowadays, cybercriminals can just set up their own channels on Dubai-based Telegram and instantly advertise their services or stolen data to customers all around the world. When they find buyers, they can strike deals via encrypted chat messages, which are difficult for law enforcement to access, especially for those sent via services based outside of the U.S.

“We can’t get the chats,” said Jason Kane, special agent in charge of the Secret Service’s Criminal Investigative Division. “It’s not like the old days of a wiretap where you tap someone’s phone under a legal process and you were able to hear the bad actors talk about the bad activity.”

A December advertisement for a chatbot offering to sell personal data, posted by @TomsShop in a Telegram channel called FullzShopDL. Telegram deleted the channel and its chatbots after ProPublica inquired about them. (Screenshot from Telegram)

Hiếu showed ProPublica some of the services that thrive in this ecosystem. They include fully automated Telegram chatbots that spit out Americans’ identities on demand. One of these, known as the Hornet Lookup Bot, offered instant access to Social Security numbers for $10 each and driver’s licenses for $40. A Russian chatbot offered a similar service for the U.S., the United Kingdom and Canada. Yet another chatbot purported to be able to open bank accounts in any state using a stolen identity, according to touts from a Telegram user named @TomsShop in a channel called FullzShopDL. Most of the payments in such venues now occur in Bitcoin, which is hard to trace.

Telegram shut down the Hornet Lookup Bot, the Russian chatbot and @TomsShop’s sales channels after ProPublica asked about the services, but the company did not answer questions about why it allowed them to operate in the first place. (Rep. James Clyburn, D-S.C., recently posed similar questions in a letter to Telegram founder Pavel Durov that cited ProPublica’s July report about how cybercriminals were using the messaging platform to help each other file fake unemployment insurance claims. In September, Durov posted a message in his Telegram channel saying that “Telegram gives its users more freedom than any other app. If Telegram has to temporarily remove some content due to a law, it means that other platforms would have removed it long before us.” A spokesperson for Clyburn said Telegram has “refused to engage” with Clyburn’s committee.)

Not surprisingly, stores that sell stolen data quickly pop back up after they’re shut down. Cybercriminals often simply recycle their old usernames with a new digit or an extra letter at the end, and they’re back in business. The Hornet Lookup Bot is back in service on Telegram, now calling itself a “search” bot, and @TomsShop resurfaced under the handle @TomsShopz.

There’s no shortage of data leaks to help restock such services. When black hats steal data, posts quickly pop up on Telegram and RaidForums offering access to the information. After T-Mobile suffered a serious breach of its servers in July, an ad popped up on RaidForums offering 30 million Social Security and driver’s license numbers that were purportedly harvested from the heist. “Freshly dumped and NEVER sold before!” the August post enthused. (A spokesperson for T-Mobile, which has suffered at least five data breaches since 2018, said the company is creating a cyber transformation office that will create a “security-forward mindset.”)

Personal data posted in a Telegram channel with the message “Free one!” as an enticement to new customers (Screenshot from Telegram)

Once stolen data is no longer fresh, like many products, its price gets marked down, or it’s offered as a free enticement to attract new customers. One Telegram channel spit out random Americans’ Social Security numbers, addresses, driver’s licenses, dates of birth and names along with the message “free one!” mixed in between ads for full packages of identity information for $3 each. “It’s very easy to obtain data that belongs to U.S. people,” Hiếu said.

In November 2020, drivers in Texas got an unpleasant surprise when a software company called Vertafore, whose clients include auto insurers, revealed that it had left 28 million Texas driver’s license numbers sitting unsecured online. Three weeks later the company discovered that one of its products had been leaving reports containing names, addresses, birth dates and driver’s license numbers publicly accessible for about eight years, according to a notice filed in another state.

Fourteen months later, no federal or state agency has taken any public action in response, though the state of Texas has said it is investigating the breach. Vertafore did not reply to emails seeking comment. (At the time of the driver’s license leak the company said it “takes data privacy and security very seriously.”)

The U.S. doesn’t have comprehensive federal laws governing data security. So the burden has fallen to states. About half have enacted laws requiring companies to implement and maintain security procedures to prevent unauthorized access to personal information.

Companies occasionally face regulatory penalties for leaving data exposed online, but they don’t amount to much. In 194 instances cataloged by insurance data provider Advisen, most of them after 2008, companies have paid fines and penalties for leaving data unprotected, totaling about $71.6 million. That’s an average of about $369,000 per incident involving a fine or penalty.

All 50 states have enacted laws requiring notifications in case of data breaches. But consumers are often still left in the dark about whether they’ve been affected. Most states let the organizations that lost control of the data decide whether they need to issue a notification. When they do, a press release is often enough to satisfy state laws.

“It should be pretty clear by now that breach notification has failed to actually inspire effective data security protections across the board,” said Harley Geiger, head of public policy at Rapid7, a Boston-based cybersecurity firm. Geiger said a national baseline standard is needed to prompt businesses to implement appropriate data security protections.

The European Union has been operating under such a standard since May 2018. Known as the General Data Protection Regulation, the law requires companies to implement security measures to protect sensitive personal data and to promptly notify regulators and affected consumers when it gets compromised. Violations of the data protection rules can result in fines as high as 4% of a business’s annual worldwide sales. “You have to implement cybersecurity measures if you process personal data, and if you do not, you will have a legal problem,” said Stefan Hessel, a cybersecurity specialist in Germany at the Reuschlaw law firm.

Such measures may in fact make it harder for hackers to ply their trade, if Pompompurin’s postings are any indication. In August he was asked on RaidForums why large collections of personal data always seem to come from the U.S. He responded: “Because its the easiest to get, other countries have load of protection laws & shit, in the US your address is basically public information no matter how hard you try not to be put on lists like this.”

The Federal Trade Commission has been asking Congress to bolster its legal authority for more than a decade by enacting legislation that would set nationwide standards for data protection and breach notification. Sen. Maria Cantwell, D-Wash., and Sen. Roger Wicker, R-Miss., have each introduced bills that would require companies to implement and maintain reasonable data security practices to protect sensitive data and enable the FTC to more easily fine companies that suffer data breaches because of their own negligence. The two Senators are talking about combining their bills, according to a Senate committee staffer.

Pompompurin doesn’t seem concerned. In June, he organized 155 leaked databases into a neat index for RaidForums users. It included some of his greatest hits, and he invited others to submit their favorites. As he put it, “There’s a LOT of good dumps on here that should get more recognition.”

His effort was met with adoration. “Thanks for your hard work,” one RaidForums user responded, “we will get more data.”

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by Cezary Podkul

Toxic PCBs Festered at This Public School for Eight Years as Students and Teachers Grew Sicker

2 years 10 months ago

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

MONROE, Wash. — For Michelle Leahy, it started with headaches, inflamed rashes on her arms and legs, and blisters in her mouth.

Some students and staff at Sky Valley Education Center, an alternative public school in Monroe, also had strange symptoms: cognitive problems, skin cysts, girls as young as 6 suddenly hitting puberty.

Leahy, like others, eventually became too sick to return to campus. She developed uterine cancer as her other symptoms escalated.

“Who would ever think that the job that you love was making you sick?” Leahy, 62, said.

Michelle Leahy (Rajah Bose/Special to The Seattle Times)

She didn’t know it then, about seven years ago, but her classroom contained some of the highest levels of toxic chemicals found at Sky Valley. Inspections and environmental testing across campus found an amalgam of harmful environmental conditions, including very high levels of carbon dioxide, poor air ventilation and polychlorinated biphenyls, or PCBs, a banned, synthetic chemical that the Environmental Protection Agency has linked to some cancers and other illnesses.

School administrators, however, knew.

Health inspectors flagged problems on campus as early as 2014, a year before Leahy’s health began to fail. But even as parents complained, again and again, about suspected environmental hazards there, school officials offered reassurances that cleanup efforts at Sky Valley were successful.

Records obtained by The Seattle Times in a public disclosure request show that Monroe School District officials responded slowly, at times asserting, even in official reports to the EPA, they had cleared the campus of toxic material, though in fact it still lingered in buildings.

To this day, federal officials still are pressing Monroe schools to clear the campus of PCB-laden material and address other environmental hazards. And to this day, Sky Valley remains open.

Ultimately more than 200 teachers, parents and students would claim that exposure at Sky Valley made them severely sick with illnesses that have been linked to PCB exposure. The saga at Sky Valley unfolded in a remarkable lawsuit against the manufacturers of PCBs, producing some of the largest-ever jury awards for individuals exposed to the chemical.

The litigation revealed a startling gap in Washington state law — readily acknowledged by government officials in court documents — that allows environmental hazards to fester in schools and may have implications for older schools across the state.

State law requires health districts to inspect schools for environmental hazards and propose actions — but they are not required to enforce their findings. Although school districts are broadly required to maintain a healthy environment, they don’t have to act on all health recommendations.

And if inspections find certain toxic chemicals, including PCBs, state law doesn’t require administrators to notify parents, students or staff of the results.

As a result of those gaps, the Monroe School District and the health agency for the county, the Snohomish Health District, haven’t faced any penalties from regulators relating to Sky Valley.

It’s unclear if Sky Valley is an outlier or a bellwether among the roughly 9,000 school buildings in Washington because the state has not done a comprehensive survey of the environmental health of schools.

But seven years ago, state environment officials said they were “especially concerned” about schools’ potential to expose people to PCBs, which were banned by the EPA in 1979 but still remain in some structures built before then.

State Rep. Gerry Pollet, D-Seattle, said Washington’s state law is exceptionally weak when it comes to environmental health in schools, which he learned last year when he helped pass a law requiring testing for lead in school drinking water.

School districts have resisted mandatory testing and cleanup laws because they do not want to be held financially responsible for expensive remediation when it is demanded, Pollet said.

“If you have a contaminated gas station, we clean it up for the health of the community,” he said. “But if you have the same contamination inside the school building, we act like it’s exempt from our standards of toxic exposure and cleanup. And that is a really sad and serious failing of state policy.”

The Monroe School District did not respond to questions about conditions at Sky Valley and declined to make officials available for interviews, including its superintendent. School board members did not respond to requests for comment. Instead, the district directed The Seattle Times to a lawyer and a 456-page consultant’s report that defends the district’s handling of Sky Valley.

The report defends the district’s communication with parents and teachers about the unfolding problem and says officials addressed PCBs appropriately. It notes that, although Washington mandates that schools maintain safe conditions, “none of these requirements are specific to PCBs in building materials.”

Leahy eventually transferred out of Sky Valley to another school, as did several other teachers, before retiring to Spokane, where she now lives.

Leahy looks back at an old yearbook from Sky Valley Education Center. After falling ill, she eventually left the school, as did several other teachers. (Rajah Bose/Special to The Seattle Times)

One memory is particularly haunting for her: setting up an inflatable planetarium once a week to teach immersive astronomy lessons to some of the brightest STEM students, about 20 at a time.

But with little air circulation inside the chamber, Leahy now believes her immersive lessons unwittingly intensified children’s exposure to harmful chemicals in the air and carpet. Many of her students became ill around this time.

“I had no idea,” she said, dissolving into tears. “I was poisoning my students.”

“And It Is Safe”

Monroe, a small city nestled near the Cascade foothills northeast of Seattle, is home to one of the largest public parental co-op programs in the state: Sky Valley Education Center. Launched in 1998, it offers K-12 students individual learning plans that include hands-on environmental science courses and self-directed Montessori instruction.

The popular, 700-student program once occupied a vacant warehouse. In 2011, it moved to an aging campus when the district consolidated middle schools, giving the program bigger classrooms, a gymnasium and outdoor space.

The toxicants that would creep into classrooms and hallways predated Sky Valley’s move. The lights and caulking were infused with PCBs, an effective preservative popular in school construction before research revealed its toxicity in the 1970s.

Within three years of moving, decades-old fluorescent lights at Sky Valley started to fail, district records show. The fixtures smoked, caught fire and dripped sticky yellow oil.

Sky Valley Education Center had been holding classes in a former warehouse, where these yearbook photos were shot, before moving to the building that exposed students, teachers and parents to toxic chemicals. (Rajah Bose/Special to The Seattle Times)

Teachers began raising concerns. One teacher pieced together staff and student symptoms and raised suspicions about PCBs. In April 2014, Sky Valley Principal Karen Rosencrans emailed staff the first of many reassurances that the district had the problem under control.

“Our building is quirky and old and sometimes a challenge. But it is ours. And it is safe,” Rosencrans wrote, assuring parents that the district would remove and replace faulty lights. Rosencrans directed questions to the school district, which declined to comment on the contamination.

Two weeks later, a school district consultant carried out the first of at least half a dozen inspections conducted over the next seven years. It found elevated concentrations of PCBs in a science prep area near classrooms.

While the EPA does not set standards for indoor PCB concentrations, it offers “recommended” thresholds in schools that increase by age, aimed at reducing potential for harm. “They should not be interpreted nor applied as ‘bright line’ or ‘not-to-exceed’ criteria, but may be used to guide thoughtful evaluation of indoor air quality in schools,” the agency says of its recommended limits. In Sky Valley, the PCB levels exceeded the threshold for infants and toddlers.

The Centers for Disease Control and Prevention has linked PCB exposure to impaired memory and learning ability, skin conditions, liver problems and other illnesses. Animal studies connect the chemical to thyroid and hormone problems, neurological damage and some cancers, depending on the number, length and dose of the exposures.

It’s difficult to tell exactly what levels of PCB exposures pose immediate harms, but growing research on the toxicity of the chemical has shown stronger ties to illnesses, said Keri Hornbuckle, director of the University of Iowa’s Superfund Research Program, an academic leader in studying airborne PCBs. “It only gets worse year after year.”

Some states enforce limits on indoor PCB concentrations, including Vermont and Massachusetts. Washington does not.

Later that year, the school district’s consultant, Seattle-based EHSI, returned to Sky Valley, this time looking for other hazards. It said complaints of headaches, sinus issues and sneezing among teachers and students were likely due to ventilation problems, which led to a buildup of pollutants. The inspection wasn’t focused on PCBs, but it found high carbon dioxide levels and some mold on campus, and the consultant recommended improving ventilation and removing carpets that can absorb toxic substances.

Over the course of a year, the school district removed 67 light fixtures suspected to contain PCBs, cleaned more than 100 other lights and removed some carpets from classrooms, district reports said. It later estimated it spent at least $1.6 million cleaning up Sky Valley, including money for testing, new lights and custodial services.

Rosencrans and Monroe schools’ operations director, John Mannix, sent a letter to teachers and parents in late 2015 assuring them that all areas were cleaned and treated according to EPA guidelines. Mannix, who now works at Mukilteo schools, did not respond to an interview request.

But that wasn’t the opinion of the Snohomish Health District, which raised red flags just two weeks later.

“Our concern is that PCB ballasts might have been missed when this issue was addressed last year,” wrote Snohomish health inspector Amanda Zych, according to records obtained by the Times. Among her observations: One classroom carpet suspected to have absorbed PCB oil was duct-taped down instead of taken out.

The district removed the duct-taped carpet and commissioned more air samples. This time the PCB concentrations were higher than in earlier tests, district records show.

Parents flooded the Snohomish Health District with dozens of complaints, records show. Kids reported headaches, breathing problems and thyroid and hormonal issues. Parents, students and teachers say they developed cysts and mouth sores; their skin cracked, peeled and changed pigment.

As the health crisis at Sky Valley was playing out, the EPA’s regional office found “several cities in Washington that we think would be a good place to look for PCBs in school lighting ballasts,” including Monroe, an official wrote in an email relating to a planned program to proactively examine schools for PCBs.

It’s likely the chemical is seeping into old campuses across the country without public knowledge, Hornbuckle said. “It’s not whether [PCBs] are there or whether they are toxic. We know they’re there and we know they’re harmful. The question is what do we do to address it.”

But without a requirement to test for PCBs in schools — and no requirement to disclose results if tests are performed — there’s no way to know how many campuses might have harmful PCBs in the air.

“The Smoking Gun”

By 2016, two years into the unfolding crisis at Sky Valley, administrators were giving regular updates to families reassuring them that the campus was safe.

Behind the scenes, emails show apparent dysfunction among school, health and environmental officials about how to tackle the problem. The Snohomish Health District looped in the state health and ecology departments, eventually triggering direct EPA involvement.

That February, an official from the state health department told other agencies that she didn’t think further air sampling at Sky Valley was necessary, records show. She suggested “a thorough wipe down of hard surfaces with warm soapy water and a thorough vacuum.”

A state toxicologist forwarded the email to an EPA official in charge of PCB remediation in the Pacific Northwest, writing, “Have you been looped into this? I’m not sure soapy water is the answer.”

It is not, according to EPA rules, which outline specific solvents needed to clean PCBs. The agency also recommends, but doesn’t require, removing all PCB-containing fixtures.

It’s unclear what it would cost to remove contaminated light fixtures from Washington’s public schools because the state doesn’t know the extent of the problem, a 2015 state Department of Ecology report says. In New York City, officials estimated a decade ago that it would cost about $708 million to clear PCB-laden lights from 772 schools built before 1979.

After the interagency email exchange, the EPA’s regional office stepped in to direct Sky Valley’s cleanup effort. “We’re anxious to understand the state of PCBs in the school,” Michelle Mullin, who oversees the EPA’s regional PCB program, wrote in late February 2016.

The EPA soon inspected the school, finding PCBs in several light fixtures, according to federal environmental records.

On April 21, 2016, the EPA talked with Monroe School District officials about its findings, recommending additional cleanup steps, records show.

Just hours later, as day faded into evening, nearly 100 parents filed into rows of folding chairs that lined the gymnasium at Frank Wagner Elementary School, a newer campus down the street from Sky Valley.

Speaking to the crowd, school officials emphasized that PCB levels weren’t high enough to exceed the EPA’s guidelines, according to The Monroe Monitor. Rosencrans, the Sky Valley principal, noted that some teachers had gotten so sick that they couldn’t return to campus, but others were in good health.

Deep cleaning was underway to address the campus’s environmental problems, school officials told the parents.

But parents — who confronted officials for the next three and a half hours — feared that regulatory standards weren’t enough to keep children safe.

“I just want to assert the fact that there might not be the science behind combining slightly elevated PCB levels, slightly elevated asbestos levels, slightly elevated radon levels, but when you combine all of those, we are the smoking gun,” said Shelby Keyser, whose children experienced some symptoms. “My kids are the smoking gun.”

She turned to other parents and asked them to raise a hand if their children, too, were a “smoking gun” example, The Monroe Monitor reported. The majority of the parents in the room raised their hands.

Still Not Cleaned

Six weeks after the tense town hall, the EPA found that PCB levels rose after cleanup, reaching the highest concentrations yet, according to an agency memo. These levels put anyone up to age 19 at risk, based on recommended thresholds.

Parents grew more desperate. Their complaints were not prompting aggressive action, so they turned to social media, forming a Healthy Sky Valley Advocacy Group on Facebook, with daily or weekly posts encouraging parents to report illnesses and sharing articles about PCB exposure.

A Change.org petition calling for the school district to relocate Sky Valley students was signed by 568 people and listed names of friends and family who had fallen ill at Sky Valley.

Some parents reluctantly pulled their children from the program. Teachers quit or sought reassignments or filed workers’ compensation claims, although the district would not say how many staffers left Sky Valley during this time frame.

“We really tried everything,” one mother told The Seattle Times. She withdrew her children from the school after they experienced severe health complications, including cognitive problems and early puberty. She requested anonymity for her children’s privacy. “We tried to get the school district to listen. We tried to get the health district to listen. We did all of this stuff and still nobody would listen.”

In fall 2017, the EPA delivered a clean bill of health to Sky Valley after district officials certified in writing that all PCB-containing light fixtures had been removed and that a litany of problems had been resolved, completing a multipoint plan the district had penned at the EPA’s request.

But that wasn’t the case.

Contrary to what Monroe School District reported to the EPA — and to parents — federal inspectors in October 2019 found PCBs in “multiple” light fixtures and in an air filter, discovered that classroom carpet that had been previously flagged hadn’t been fully removed, and raised concerns about PCB-laden caulk in the walls, EPA documents show.

They raised the same problems a year later.

“We are very concerned that PCB contaminated fixtures continue to be found, six years into the process of inspecting and taking inventory, cleaning and removing and disposing of light fixtures,” the EPA wrote in November 2020. “The EPA recommends [Sky Valley] address these concerns with more urgency than has yet been demonstrated.”

The EPA can penalize the district and school, the letter reads. That would be a rare step for the agency, and Bill Dunbar, a regional EPA spokesperson, would not comment on whether it plans to fine the district.

Last year, Monroe School officials again committed to addressing lingering problems, submitting a plan to the EPA. That plan still “did not fully meet our expectations,” so the EPA offered guidance, Dunbar said.

Removing PCB-laden light fixtures is a “no-brainer,” said Hornbuckle, the director of Iowa’s Superfund Research Program. While it wouldn’t completely clear the campus of PCBs, it would likely mitigate one of the highest exposure risks.

“Removing those PCB ballasts is something the state should be doing,” she said, adding that replacing outdated fixtures with energy-efficient lights has saved other schools money.

For some Sky Valley families, the consequences of the delayed action were devastating.

“This Stuff Is Everywhere”

In a King County courtroom last summer, Sky Valley teachers described their deteriorating health to a jury. Experts testified about the scientific links between PCBs and brain damage.

Convinced of the connection, a jury awarded three teachers, including Leahy, $185 million for exposure to PCBs at Sky Valley. Four months later, eight parents, teachers and students won a collective $62 million jury award against Monsanto, the chemical manufacturer of PCBs.

The litigation has resulted in one of the largest awards nationwide for individual PCB exposures. The Sky Valley verdicts include punitive damages, which are allowed under state law in Missouri, where Monsanto was headquartered.

In all, more than 200 parents and teachers have sued, claiming brain damage from exposure to PCBs. At least 17 other lawsuits are awaiting trial.

The complaints catalog many illnesses, but the lawsuits focus on linking cognitive problems to PCB exposure. It’s difficult to link illnesses to specific chemical exposures without more scientific research into their effects.

Bayer Pharmaceuticals, which in 2018 acquired chemical giant Monsanto, denied the allegations both in the lawsuit and in a statement. The company plans to appeal the jury verdicts.

Many parents, teachers and students with pending lawsuits declined to speak to The Seattle Times.

Leahy, now retired, said she doesn’t expect to collect her share of the $185 million jury award. “But it was never about the money. It was the only way to get the public to listen.”

The PCB exposure impaired Leahy’s memory and brain function. She couldn’t stand in a Sky Valley classroom without having headaches, dizziness and breathing problems, she said.

Others testified in court that their children developed depression and suicidal tendencies.

Leahy wears a bracelet that a fellow teacher gave her. The letters NA stand for “Not Alone,” a show of support for the legal battle Leahy was in over the chemical exposure at her former school. (Rajah Bose/Special to The Seattle Times)

Cheryl Tye Pritchett, a mother who joined her children on campus multiple times a week until late 2016, testified in court that she developed a persistent cough, stomachaches and eventually fogginess and memory issues.

“I’m afraid to find out how severely damaged I am,” Tye Pritchett told a jury. Her children also got sick, she said.

Leahy’s attorney, Rick Friedman, whose firm represents all the Sky Valley plaintiffs, said the lawsuits point to a larger problem, which may be unfolding in schools across the state and nation.

“It’s kind of like lead paint in schools from a decade ago,” Friedman said. “How long until we realize that this stuff is everywhere?”

Pollet, the state lawmaker, said after learning about the Sky Valley saga from The Times that he intends to raise PCB concerns with fellow lawmakers this legislative session.

But he expects school districts to argue, as with lead testing, that remediation of PCBs would be financially devastating.

In 2020, Washington became the first state to successfully sue Monsanto over PCBs, in a lawsuit focused on the chemical in waterways. The chemical giant settled for $95 million, nearly $60 million of which went to the state’s general fund, where the Legislature can direct it to remediation of waterways — or other exposure points, including schools.

“Not Enforceable by Law”

The Sky Valley litigation originally took aim at the Monroe School District and Snohomish Health District, accusing the agencies of negligence for the slowly unfolding crisis at Sky Valley.

But King County Superior Court Judge Theresa Doyle dismissed the health district from the lawsuit after the district argued that loosely written state laws do not require enforcement or action when health inspectors find hazards at schools.

Heather Thomas, a spokesperson for the Snohomish Health District, said in an email that “a general duty by a public agency to inspect schools is just that — a duty to the general public only, and it does not result in a specific duty to enforce in this instance.”

Monroe School District also pointed to an absence in state and federal law of any requirement to remove PCB-laden material. It argued in court documents that it complied with EPA guidelines, and PCB light removal can take “5-10 years.” State and federal environmental agencies recommend removing lights before they leak, but these “recommendations are not enforceable by law,” reads the district’s report defending its actions at Sky Valley.

The school district, in declining interview requests, cited a sealed settlement proposal with Sky Valley teachers, parents and students that has not yet been finalized.

The district told the Times in July — after the first jury award — that the school has been cleared of PCB material.

But an EPA spokesperson said the agency is waiting on Monroe School District to submit a cleanup plan before it can make a “formal decision,” which could include another inspection, giving the school an all-clear, or issuing fines.

Meanwhile, at the state level, environmental officials, who flagged PCBs in schools as a research priority as early as 2015, are just now building a database of potential PCB hot spots after being delayed by a legislative appropriation.

The department only started surveying school districts last summer, beginning in Eastern Washington. The results of the survey should help the state know whether Sky Valley is an outlier or a bellwether.

“How many kids are sitting in classrooms exposed to PCBs and they don’t even know it,” Leahy said. “How could they know? It doesn’t hit you immediately. It’s like a slow death. You just get sicker and sicker and sicker until it’s too late.”

Taylor Blatchford of The Seattle Times contributed reporting.

Correction

Jan. 23, 2022: This story originally misidentified the judge who dismissed the Snohomish Health District from a lawsuit. It was King County Superior Court Judge Theresa Doyle, not Douglass North.

by Lulu Ramadan, The Seattle Times

Report: U.S. Marines Returned Fire After Suicide Bombing, but No Enemies Were Shooting at Them

2 years 10 months ago

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

This article was co-published with Alive in Afghanistan, a news agency launched in the days after the fall of Kabul, aimed at bringing the perspective of the most marginalized Afghans to the world.

During the final days of the U.S. evacuation of Afghanistan in August, a suicide bomber killed 13 American service members guarding an entrance to Kabul’s airport and scores of Afghan civilians huddled outside its walls.

Initial reports said a vicious firefight followed the blast, as surviving Marines defended themselves from militants who unleashed a fusillade of gunfire. One Marine officer told CBS News that his subordinate shot an “opposing gunman” after taking a bullet to the shoulder.

“The attack on the Abbey Gate was followed by a number of ISIS gunmen who opened fire on civilians and military forces,” U.S. Central Command chief Gen. Kenneth F. McKenzie, Jr. told a Pentagon press conference the day of the bombing. “A number of Afghan civilians were also killed and injured in the attack.”

But a declassified military report reviewed by ProPublica and Alive in Afghanistan provides a starkly different account, raising fresh questions about one of the deadliest days for American troops in the 20-year history of the war in Afghanistan.

The report found that some U.S. Marines fired their weapons after the bombing — but no enemy shooters were present. Instead, the Americans were likely reacting to warning shots fired by the British military and other American units in nearby positions. The combination of combat trauma, head injuries, smoke and tear gas caused some of them to believe, incorrectly, that they were being fired upon by an attacker, the report said.

On the day of the bombing, military officials had specific intelligence of a possible attack at the airport. Despite the warning, the report found that multiple possible routes bypassed checkpoints manned by the Taliban, which would have allowed the bomber to approach the gate unimpeded. That attack, it said, was “not preventable” without undermining the evacuation mission. It’s not clear from the ProPublica review whether commanders knew about the existence of the unguarded approaches to the gate.

Left: The Kabul airport’s Abbey Gate, seen from a watchtower above the entrance. On Aug. 26, as hundreds of Afghans were being processed for evacuation, Marines stood guard along the left side of the canal and from inside the watchtower near the center of the frame. Right: Scorch marks on the ground and wall across from the watchtower mark the site of the suicide bomber's detonation. (Abdul Ahad Poya/Alive in Afghanistan)

Despite American and allied troops shooting from multiple directions, military investigators said they found no evidence that Afghan civilians, gathered by the hundreds in a narrow walled corridor leading to the airport’s Abbey Gate, were struck by the resulting gunfire.

“It was a single suicide bomber not accompanied by enemy small arms fire,” the report says. It found that available evidence does not support that “the Marines were engaged by enemy small arms fire or returned fire that harmed civilians or service members.”

But military investigators found that “several Marines returned fire” after the blast. What they were shooting at and who, if anyone, they hit, remains unclear. “There’s wide variation of thought on where the firing originated and who was actually doing the firing,” the report said.

The report is the result of an investigation typically ordered by U.S. commanders after any serious incident. It does not appear to have involved interviews with Afghan witnesses regarding the gunfire. The report says: “Open source research found no reporting to support a conclusion warning shots or engagement of targets in response to the attack caused additional harm to civilians.”

A spokesperson for U.S. Central Command did not immediately respond to a voice message requesting comment.

The report raises new concerns about U.S. military leaders’ decision to staff the entrance with mostly junior Marines who had never been in combat and were not trained for an evacuation mission that involved deciding which Afghans to allow into the airport. Many of the Afghans were interpreters, aid workers or soldiers who had served alongside the American military. They were terrified of reprisals from the Taliban.

The report’s findings run counter to the recollection of U.S. Marines, who reported that several gunmen opened fire on them, and the accounts of Afghan civilians, some of whom said they believed American or foreign troops fired into crowds in the confusion following the blast.

Hospitals in Afghanistan reported treating Afghans who had suffered bullet wounds. A spokesperson for Emergency Hospital, an Italian-run facility in Kabul for treating war victims, said that after the blast it received at least 50 Afghan patients, some of whom had been struck by gunfire.

The suicide bombing occurred in the final days of America’s war in Afghanistan. After the Taliban rapidly regained control of the war-torn country, Kabul’s airport was overrun by Afghan civilians seeking to flee. American leadership responded by sending thousands of Marines to bring order to the airport. They became de facto immigration officers, pulling American citizens, U.S. green card holders and other Afghans considered allies from a crowd of thousands.

Afghan evacuees waiting to leave the country near Abbey Gate on Aug. 25, the day before the attack. (Marcus Yam / Los Angeles Times/Getty)

By Aug. 26, the largest noncombatant evacuation in U.S. history had become largely consolidated to a single airport entrance overseen by troops from the 2nd Battalion, 1st Marines. Thousands of desperate Afghans were crammed into a narrow passageway leading to the gate, which was hemmed in by tall concrete walls and divided down the middle by a canal that had turned into an open sewer.

It was, essentially, a human cattle chute.

At approximately 5:36 p.m., just minutes before the Marines were scheduled to close the gate and prepare to withdraw, an Islamic State militant named Abdul Rahman Al-Logari detonated a suicide vest containing an estimated 25 pounds of explosives. He had escaped from a high-security prison earlier that month after the U.S. abandoned Bagram Air Base, the central aviation hub for U.S., NATO and Afghan government war fighting efforts.

The blast sent ball bearings hurtling through the crowd and across the canal, tearing through the bodies of Afghan men, women and children and U.S. Marines standing just outside Abbey Gate. The death toll: 13 American servicemembers and an estimated 160 or more Afghans. The report said 39 American troops were injured. More than 200 Afghans were wounded, according to media reports.

In the chaos that followed, the air buzzed with gunfire, and people fled in all directions, some of them stepping over bodies of the dead and wounded, witnesses said.

Gunfire came from multiple directions around Abbey Gate, according to the report. Toward the south, British troops posted around the nearby Baron Hotel fired warning shots from two separate locations. Marines with the 2/1 fired their own weapons. One or more troops — whose identity was redacted — fired several shots toward the Baron Hotel, which would have passed near the Marines who had been guarding the gate, the report says.

“Four rounds would have crossed the frontage of Marines who were entering the canal to recover casualties and take up security positions which would have contributed to their perception that they were taking fire,” investigators found.

Troops in the 2nd Battalion, 1st Marines reported firing on two individuals on the rooftop of a building to the east, one of whom had a camera and one of whom had a rifle. But battalion leadership told investigators those buildings were controlled by the Taliban and that it was unlikely Marines received fire from those positions. The report does acknowledge the possibility that “a rogue Taliban member” could have fired at Marines.

Investigators discounted many of the recollections of Marines from the 2/1, noting that they were young and had not experienced combat. Many of those interviewed were near the blast and suffered potential traumatic brain injuries or concussions, the report says.

“It is worth noting that the only Marines who reported receiving the fire following the explosion were junior Marines with no prior combat experience,” the report says. “Other leaders concluded there was no complex attack merely the belief there was one.”

Alex Mierjeski and Doris Burke of ProPublica contributed research. Samira Nuhzat, Abdul Ahad Poya, Mirzahussain Sadid of Alive in Afghanistan contributed reporting.

by Brian J. Conley and Mohammad J. Alizada, Alive in Afghanistan, and Joshua Kaplan and Joaquin Sapien, ProPublica

New Legal Filing Reveals Startling Details of Possible Fraud by Trump Organization

2 years 10 months ago

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A new legal filing by New York’s attorney general this week accused former President Donald Trump’s company of misleading lenders about the financial health of its landmark downtown Manhattan skyscraper, 40 Wall Street, while seeking to renew the building’s mortgage.

Though the Trump Organization called 40 Wall Street “one of the great success stories post 2008,” lender Capital One found the company’s estimates of the building’s worth so unbelievable that the bank declined to refinance the tower’s loan in 2015, the filing alleges.

“Capital One harbored great skepticism regarding the Trump Organization’s valuations,” says the filing, which was submitted by Attorney General Letitia James in response to Trump’s efforts to block her from questioning him and his children as part of an ongoing investigation by her office.

The new accusations offer startling details about possible financial fraud involving 40 Wall Street — one of the subjects of a 2019 ProPublica story that highlighted conflicting financial documents the Trump Organization had filed for the building.

ProPublica’s story documented how income, expense and occupancy numbers cited in the eventual refinance for 40 Wall Street and another Manhattan building sometimes didn’t match those the company had filed with city tax authorities. A lower valuation for the city would produce a lower tax bill, while a higher valuation for lenders would make it easier to get a new mortgage.

One expert said it appeared like the Trump Organization was keeping “two sets of books.”

“It feels like a set of books for the tax guy and a set for the lender,” said Kevin Riordan, a financing expert and real estate professor at Montclair State University, at the time.

In her filing, James asserts that Trump Organization employees, including Trump’s children, took part in a pattern of deception in which they misled lenders, insurers and the Internal Revenue Service by vastly overstating values for 40 Wall Street and a host of other Trump properties, including golf courses in Scotland, Los Angeles and Westchester and his buildings on Fifth and Park avenues.

The Trump Organization on Thursday lashed out at James, a Democrat, via a statement emailed by a spokesperson, saying, “The only one misleading the public is Letitia James.

“She defrauded New Yorkers by basing her entire candidacy on a promise to get Trump at all costs without having seen a shred of evidence and in violation of every conceivable ethical rule,” the organization’s statement said. It asserted that James “has no case” and that the “allegations are baseless and will be vigorously defended.”

Alan Futerfas, a lawyer for Trump’s children Donald Jr. and Ivanka Trump, also criticized James, accusing her of making “repeated threats to target the Trump family” and ignoring legal protections for “the very people she is investigating.”

James is seeking to compel testimony and obtain documents from Trump, Donald Jr. and Ivanka, who she said have not cooperated with her investigation.

The filing says that property valuations formed the heart of statements of financial condition that the Trump Organization used to demonstrate its net worth. The statements, which James said contained inaccuracies, were compiled by an outside accounting agency from a data spreadsheet and backup material provided by the Trump Organization.

Trump’s personal guarantees to some banks and insurers required him to certify that his financial statements were correct, according to James’ filing. The documents say her office has evidence Trump was “personally involved in reviewing and approving” the statements.

If the company or its employees are found to have deliberately provided misleading valuations, they could face civil or criminal penalties. The company is under investigation by both James and Manhattan District Attorney Alvin Bragg.

With its classic Gothic Revival style and signature green spire, 40 Wall Street gave Trump a presence in the most famous financial district in the world. His company doesn’t own it, but rather purchased in 1995 the right to act as the landlord for its office and retail space. Finding tenants for that space, however, particularly in the building’s narrow tower, proved a challenge, especially after 9/11, when occupancy sagged and the entire financial district struggled, the ProPublica investigation found.

James’ filing says that as early as 2009, Capital One, which held the mortgage on the property, “raised substantial concerns about cash flow” at 40 Wall Street, prompting in-person meetings with Trump, longtime Trump Organization Chief Financial Officer Allen Weisselberg and others. Donald Trump Jr. was also involved in the discussions, the filing says.

The conversations led to a loan modification in 2010, with bank personnel harboring doubts about the Trump Organization’s representations of the building’s financial standing. During those discussions, the Trump Organization provided the bank with profit numbers for 2010 of $12.3 million, which bank personnel described as “very optimistic.”

More startling were the differences between valuations that appeared on Trump’s statements of financial condition and those prepared by appraisers for Capital One. The Trump Organization set the value of the building at $601.8 million in 2010, while the appraisals for Capital One done by Cushman & Wakefield set it at just less than one-third of that, $200 million.

Weisselberg shared one of the company’s higher valuations for the building with the bank in early 2015, boasting of “considerable capital investment” and “a much improved cash flow.” He wanted Capital One to restructure its loan and waive a principal payment of $5 million due in November.

But Capital One declined to refinance the mortgage, referencing its own internal estimate that the building was only worth $257 million a few months before.

That year, 40 Wall Street’s $160 million mortgage was a thorn in Trump’s side, representing his then-largest single debt as he launched his campaign for the presidency.

After Capital One’s rejection, the Trump Organization turned to Ladder Capital Finance, where Weisselberg’s son Jack was a director. Ladder commissioned its own appraisal. Though Ladder used the same Cushman & Wakefield team that had estimated the building was worth $220 million in 2012, the team this time more than doubled the value to $540 million, legal filings said. Ladder approved the refinance.

James’ filing said that evidence her office obtained suggests the 2015 Cushman valuation “appears to have used demonstrably incorrect facts and aggressive assumptions” to arrive at the higher estimate, which the document said “did not reflect a good faith assessment of value.”

On Thursday, Cushman & Wakefield defended its practices, saying it took “great issue with mischaracterizations concerning the work performed and believe they are not supported by the evidence.

“The referenced Cushman & Wakefield appraisals were undertaken and completed in good faith based upon the material information made available,” the company said in a statement emailed by a spokesperson. “We stand behind the appraisers and the referenced appraisals which reflect fair valuations based upon the underlying facts and market dynamics.”

In 2015, the Trump Organization’s statement of financial condition listed the value of the building as $735.4 million.

Ladder Capital and Capital One did not immediately respond to requests for comment Thursday. Allen Weisselberg and Jack Weisselberg could not immediately be reached.

ProPublica’s 2019 story found several instances of the Trump Organization reporting much lower expenses to its lender, Ladder Capital, than to city tax authorities — including 40 Wall Street’s insurance costs and ground lease. Jack Weisselberg declined to comment at the time on Ladder’s loans or his relationship with the Trump Organization. Executives with Ladder also declined to be quoted for the story then.

In 2019, former Trump lawyer Michael Cohen testified before Congress that the Trump Organization inflated valuations at times to appear more profitable and deflated them to achieve a lower real estate tax bill.

Clarification, Jan. 21, 2022: This story was updated to clarify the timing of Capital One’s internal estimate of 40 Wall Street’s worth.

by Heather Vogell

Lawmakers Propose $600 Million to Fix Housing Program for Native Hawaiians

2 years 10 months ago

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This story was co-published with the Honolulu Star-Advertiser, a member of the ProPublica Local Reporting Network.

Legislative leaders in Hawaii are calling for the appropriation of $600 million to help house Native Hawaiians through a chronically underfunded homesteading program that has fallen short of its promise to return native people to their ancestral lands.

As the state government faces what is expected to be a budget surplus, House Speaker Scott Saiki on Wednesday proposed what he called historic legislation to provide the so-called Hawaiian Homes program with funding to address a huge demand for affordable housing among Native Hawaiians. The appropriation would be more than seven times the amount the legislature provided the Department of Hawaiian Home Lands, the state agency that administers the program, for construction last year.

Under the program, beneficiaries — defined as those who are at least 50% Hawaiian — can apply for a 99-year land lease and then, upon award, either build a home on the parcel or buy one from a developer. The price is roughly half the cost of comparable housing because beneficiaries are not paying for the land. But, as the Honolulu Star-Advertiser and ProPublica reported in 2020, tens of thousands of people face an ever-lengthening waitlist. Today, more than 28,700 applicants are seeking homesteads on land set aside by the federal government and now managed by the state. Some beneficiaries have waited on the list for decades. More than 2,000 have died while waiting, according to the news organizations’ first-of-its-kind analysis.

Over the past two years, the Star-Advertiser and ProPublica have found a number of structural shortcomings in the program, including that it had developed subdivision housing too expensive for many low-income beneficiaries. The news organizations also highlighted the failure of the state and federal governments to fulfill a 1995 settlement intended to compensate the program for land that was taken from the trust in the past. The program lacks the land it needs on Oahu, the island with the greatest demand for residential homesteads.

Saiki said in an email that the news organizations’ coverage “was absolutely a factor” in the House leadership’s decision to propose a one-time infusion of $600 million, citing the heightened awareness, caused by the reporting, of the state’s obligation to fulfill terms of the Hawaiian Homes Commission Act, the 1921 federal law that created the program. The state, via the Department of Hawaiian Home Lands, took over responsibility for the program as a condition of statehood.

In an opening-day address to the Legislature, which meets until early May, Saiki noted that Native Hawaiians have been the demographic group hardest hit by an affordable housing crisis. The proposed appropriation would enable trust beneficiaries to acquire their own homes, he said. “It is time to give the Department of Hawaiian Home Lands the resources it needs to fulfill its fiduciary duty,” Saiki said.

Though details of the proposed funding still have to be worked out and written into legislation, the amount already has backing in the state Senate.

Sen. Jarrett Keohokalole, co-chair of the Native Hawaiian Caucus in the Legislature, said the group has been meeting with the speaker to discuss the proposal. “We’re very interested in doing this this year,” Keohokalole said. He also noted that “surplus years don’t come around very often, and that’s the situation we’re in right now.”

If a measure passes the Legislature, it would go to Gov. David Ige for his consideration. Ige could not be reached for comment, but he previously told the Star-Advertiser and ProPublica that fulfilling the state’s obligations to the Hawaiian Homes program is a priority for his administration. Because of the state’s improved financial picture, the governor has proposed putting $1 billion into a rainy day fund. His idea has received pushback from legislators, who want to use the surplus now to address such problems as Hawaii’s homeless crisis, which is, in part, tied to the Hawaiian Homes program. In a 2020 survey of roughly 1,200 unsheltered homeless people on Oahu, 1 in 5 was eligible for the homesteading program and 7% were on the waitlist.

The improved financial picture, boosted by rebounding visitor arrivals and strong consumer spending, is a far cry from what it looked like a year ago, when legislators opened their session wondering whether the state’s unemployment insurance fund would become insolvent and hundreds of teachers would lose their jobs.

Despite that fiscal environment, lawmakers appropriated about $78 million — a record amount — in construction funding for DHHL to develop more than 700 homestead lots statewide to address the waitlist problem. Legislators cited the news organizations’ coverage in approving the funding last year.

The amount under consideration now would dwarf last year’s appropriation. “That’s going to be orders of magnitude larger than the largest infusion of funds we’ve ever given DHHL in a single year,” Keohokalole said. Historic funding shortfalls have contributed to the slow pace of homestead development. To maintain operations, officials diverted money from construction to administrative costs, resulting in fewer residential awards. In 2018, only six such leases were awarded, though the pace has picked up since then.

William J. Aila Jr., DHHL director and chair of the Hawaiian Homes Commission that oversees the agency, applauded the legislative proposal. “An investment of $600 million ... would be a historic infusion of resources to address the needs of potentially thousands of beneficiaries on the Department of Hawaiian Home Lands waiting list,” he said in a statement. “DHHL continues to be open to all measures that would return Native Hawaiians to the land.”

Beneficiaries also celebrated the proposal.

“I think what the Legislature is doing is long overdue,” said Richard Soo, an Oahu beneficiary who was awarded a residential homestead in 2001.

“This is a huge opportunity for beneficiaries as well as the department to be able to meet their needs,” said Blossom Feiteira, a beneficiary leader on Maui.

The $600 million mirrors what the Legislature approved in 1995 as part of a settlement to resolve the trust’s claims against the state, money that was paid out in annual installments over the next 20 years. With that settlement money, the agency was able to develop more than 4,000 new homestead lots — close to half the total developed over the past century.

In recent years, the department has estimated that it would need roughly $4 billion to exhaust a waitlist of 28,000 applicants, basing that estimate on an average cost of $150,000 to develop a residential lot. The beneficiary is responsible for buying or building a home on the lot.

Keohokalole and other legislators said the new $600 million infusion could be used to develop lots and acquire additional land, but the priority will be assisting those beneficiaries who cannot afford to purchase homes — the group of Native Hawaiians who were featured in the Star-Advertiser/ProPublica reporting.

That could mean more money for a unique pilot program that could help get Hawaiians off the waitlist, according to legislators. The program, which DHHL is still developing, would provide beneficiaries with down-payment assistance to buy homes on Oahu that aren’t located on trust land. Such assistance would require the recipients to give up their spots on the waitlist.

The project was approved by the commission in late 2020, following the Star-Advertiser and ProPublica’s initial story, and came after DHHL leadership challenged staff to “think outside of the box” to come up with bold solutions. The boldest one: a resort casino on DHHL land. That idea died during last year’s legislative session.

Agnel Philip of ProPublica contributed data analysis.

by Rob Perez, Honolulu Star-Advertiser

D.C. Attorney General Sues Customer Service Firm Arise for Stiffing Workers on Pay

2 years 10 months ago

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The Washington, D.C., attorney general’s office sued Arise Virtual Solutions, the work-at-home customer service company, on Wednesday, alleging the company stole wages from workers and deprived them of minimum wage, overtime pay and paid sick leave.

Large companies like Airbnb and Disney hire Florida-based Arise, which in turn recruits workers to answer customer service calls from their homes for its corporate clients. The attorney general’s civil suit, filed in D.C. Superior Court, alleges that Arise illegally classifies those workers as independent contractors rather than regular employees. That deprives the workers of a range of wage and other protections that the law provides only to employees.

The suit also names as a defendant Comcast, one of the many blue-chip companies that have obtained customer service workers via Arise.

“Arise has been elaborately constructed to avoid paying workers the minimum wage, overtime, and paid sick leave as required by District law,” D.C. Attorney General Karl Racine said in a statement. “Comcast, and other large companies, partnered with Arise and profited from that company’s theft of workers’ wages and benefits.”

The attorney general’s office opened its probe following a ProPublica investigation of Arise in 2020. Interviews and documents showed how Arise required workers to pay for the company’s training and their own equipment. The company made workers pay Arise monthly fees to take customer service calls on its “platform.” A CEO of the firm pitched corporate clients by saying the company could “squeeze wastage out of a typical workday.”

Customer service reps told ProPublica that Arise and the large corporations for whom they answered calls maintained a high level of control over their jobs, even as they were classified for legal purposes as independent contractors.

Those are labor law violations, the lawsuit alleges. “The economic reality of Arise’s relationship with its agents demonstrates the existence of an employer-employee relationship,” the lawsuit says. “Arise has the power to hire and fire agents, exercises extensive supervision and control over their conditions of employment, and determines their rate of pay.”

The D.C. suit seeks to recover back wages and paid sick leave, plus additional penalties, for at least 180 affected workers in Washington. That’s a small fraction of the tens of thousands of agents Arise has claimed to have around the country. The suit doesn’t say how much money the attorney general is seeking.

An Arise spokesperson declined to comment on the suit. The company has denied wrongdoing when its labor practices were called into question in the past. Arise is owned by private equity giant Warburg Pincus, which also declined to comment on the lawsuit.

The lawsuit alleges that Comcast is liable for wage law violations against its agents because the company had “substantial control over their conditions of work from hiring, to performance, and through termination.”

A Comcast spokesperson said in a statement that the company is “absolutely committed to lawful pay practices. This particular case involves individuals retained by and paid by Arise, not Comcast. We are reviewing the complaint and cannot comment further at this time.”

The lawsuit alleges that Arise targets women, especially women of color, for recruitment as customer service contractors. One Arise marketing site tells prospective workers they can “Become A Work From Home Mom” while another included in the complaint features photos of women of color smiling broadly alongside headlines like “Finally I had a chance to work again but I would be my own boss.”

That echoes ProPublica’s previous reporting that Arise’s workforce is heavily female, with one ad showing a woman being literally showered with cash.

Separately, a private class-action case filed against Arise in federal court last year is still pending. That followed a federal Department of Labor investigation more than a decade ago that concluded the company was violating the law and owed workers $14.2 million. But Arise pushed back against the government and ultimately paid nothing.

Ariana Tobin and Ken Armstrong contributed reporting.

by Justin Elliott

A Visionary Without a Country

2 years 10 months ago

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This article was co-published with The Chronicle of Higher Education.

On Sept. 9, 1999, David Letterman entertained millions of television viewers by riffing on a scientific breakthrough that had made an obscure Princeton assistant professor famous overnight. The late-night host’s top-10 list of “Term Paper Topics Written by Genius Mice” — including “A Sociological Study of Why Cats Suck” and “Outsmarting The Mousetrap: Just Take The Cheese Off Really, Really Fast” — saluted Joe Z. Tsien’s achievement in genetically engineering a mouse to learn faster and adapt better to changing conditions.

As the years passed, Tsien’s fame faded. Then, like hundreds of other scientists at U.S. universities, he found himself in the crosshairs of a federal crackdown on China’s theft of American research and expertise. His employer, the Medical College of Georgia at Augusta University, and one of his main funders, the National Institutes of Health, accused him of failing to disclose positions and funding in China, as well as his participation in China’s lucrative — and controversial — Thousand Talents recruitment program. The university removed his endowed chair, reassigned him to a smaller lab, and blocked him from sending his genetically modified mice to a professor in Shanghai who wanted to study them.

A naturalized U.S. citizen, the 59-year-old Tsien hasn’t been charged with any crime. But when he went to China to visit his ailing father in October 2019, FBI and Department of Homeland Security agents seized his laptop and two cellphones at Atlanta’s airport. Augusta University regarded Tsien as being absent from work without leave and stopped paying his salary. Tsien resigned the next month and sued the university for employment discrimination. He hasn’t returned to the U.S. for fear of being arrested.

The federal purge has spurred criticism for ensnaring researchers who didn’t stray outside accepted practices and whose universities were or should have been aware of their foreign moonlighting. Tsien portrayed himself as one such casualty, and he emphatically denied allegations that he misled his university and federal authorities. Although the Georgia university system said that it disciplined him for “legitimate, nondiscriminatory and nonretaliatory reasons,” he complained that he was singled out because he was Chinese. His treatment by federal agents and the medical college, he wrote, “makes me appreciate much better what Jewish people had suffered and felt under Hitler’s Nazi rule.”

Tsien has attracted prominent sympathizers. “He is a terrific scientist, extremely well trained and really creative,” said Thomas Sudhof, a Nobel Prize-winning neuroscientist at Stanford who has known Tsien for 20 years. “I believe he is 100% honest. Sometimes he is a bit overenthusiastic, and that may have gotten him into trouble occasionally. But he would be unlikely to commit any kind of infraction of the standard practices of science.”

Augusta University records, Chinese media reports and obscure filings tucked away in Chinese and American courts, plus conversations with Tsien and his friends and colleagues in both countries, tell a more complicated story. They show that Tsien is far less a victim than he asserts, and that he concealed key aspects of his dealings, including efforts to seek and commercialize Chinese patents for American-funded research.

The documents and Tsien’s associates depict him as an ambitious outsider in both his native and adopted countries, part schemer and part dreamer. There was no indication that he was aiming to help China or its government at the expense of the U.S. His goals appeared to be personal: to advance himself and his family.

Tsien’s career spanned the arc of American higher education’s relationship with China. He flourished in an era when U.S. universities were eager to attract Chinese students and partner with Chinese institutions. The American schools looked to professors educated in China, like Tsien, to guide them. But as the U.S. perceived China as a growing economic threat, what American academia had once celebrated as fruitful collaborations came to be condemned as “conflicts of commitment,” and Tsien’s penchant for skirting the rules and undermining his own prospects caught up with him.

Even before his downfall, his career was one of the more turbulent in the annals of neuroscience. Brilliant and charming, but quick to take offense and indifferent to other people’s opinions of his ideas, he tended to alienate powerful scientists and administrators whom he needed to cultivate. In the end, Tsien proved more adept at dealing with mice than men.

People who know Tsien say his difficulty in reading social signals may stem from a disrupted childhood. The Cultural Revolution, Mao Zedong’s brutal campaign to impose ideological purity, was the central event of Tsien’s youth. His family — his father was a clerk, his mother an accountant — was relocated from the city of Changzhou to a small village.

“Those of us who come from the Cultural Revolution, we don’t have political skill,” said one longtime friend, who requested anonymity. “Not only him, me too. There’s a lack of skill in dealing with complex human relationships.”

Still, Tsien made the best of his new surroundings. Roaming the countryside, “I became fascinated by how dragonflies can fly and suddenly stop in midair, or how ants navigate and search for food and then find their way home.”

His high school, run by a fabric factory primarily for employees’ children, was less than stellar, but he supplemented it with after-school classes in math and physics, and he passed the national college entrance exam. As a sophomore biology major at East China Normal University in Shanghai, he helped out in a neurophysiology lab. The “pop” of pigeons’ neurons firing in electrical pulses, converted to sound by an oscilloscope, “made me hooked to the mystery of the brain.” After graduating in 1984, he became a research assistant on a beer fermentation project. “My daily duty was to inoculate yeasts in the evening and taste beers in the morning.” He took advantage of the nap time allotted for hangover recovery to study English and apply to U.S. graduate schools.

He earned his Ph.D. from the University of Minnesota in 1990, followed by postdoctoral study at Columbia under Eric Kandel, who would go on to win a Nobel Prize, and at the Massachusetts Institute of Technology under Susumu Tonegawa, who had already won one. He married another China-born researcher in 1987, and they had two sons before divorcing in 2011.

At Columbia and MIT, Tsien studied memory and learning by manipulating genes in rodents’ brains. His first breakthrough came when he developed a method to delete a particular gene in a region of the brain that was vital to memory. Mice without the gene proved more forgetful.

Moving to Princeton in 1997, Tsien took a different approach — zeroing in on a gene called NR2B that was believed to be related to memory and injecting it into mice. The result surpassed his expectations. In August 1999, he announced he had created a smarter mouse, which he nicknamed “Doogie,” after Doogie Howser, the precocious hero of a television medical drama. His research made the cover of Time. The New York Times, ABC News, the BBC and other media hailed his achievement, and the journal Science chose it as one of the top 10 breakthroughs of 1999.

Joe Z. Tsien in 1999 with a mouse he genetically engineered at Princeton University. His achievement was hailed in the media. (Laura Pedrick)

People in China noticed too. Tsien’s alma mater, East China Normal, awarded him $300,000 in 2001 for his “imaginative research on learning and memory” and for “promoting academic exchange and collaboration between ECNU and Princeton neurobiologists.” Tsien then collaborated on research at East China Normal, which reimbursed his travel expenses. In 2002, it supplied him with a 1,200-square-foot apartment in Shanghai, according to filings in his divorce case. He stayed there when he was in Shanghai, and his parents lived there. He also brought some of East China Normal’s faculty and students to Princeton as visiting scholars.

Shirley Tilghman, then Princeton’s president, congratulated him on “this major recognition from your own university” and praised his work in a commencement address. Given Tilghman’s tributes and his high-profile publications in prestigious journals, he seemed like a shoo-in when he came up for tenure in 2004. Instead, the confidential proceedings became contentious, according to faculty members who requested anonymity. Many colleagues in the molecular biology department backed Tsien, but some complained that he oversold his research findings or didn’t care enough about teaching. Tsien said he received favorable evaluations from students.

Tsien believes that his mentors Kandel and Tonegawa, whom Princeton would likely have consulted, weighed in against him. Tonegawa had been upset that Tsien, who had begun genetically modifying mice at MIT, did not list him as a co-author on the “smart mouse” article. Also, against Tonegawa’s wishes, Tsien had taken transgenic mice from MIT to Princeton to launch his own lab.

“This project started while he was here,” Tonegawa told the Newark Star-Ledger in 1999. “MIT has at least partial ownership. What is made in the lab usually belongs in the lab. … I couldn’t say [Tsien] is one of the most collegial or cooperative persons.” When contacted by ProPublica, Tonegawa declined to comment. “Since Joe Tsien left my lab years ago we have not been in touch at all,” he wrote.

Tsien said that Tonegawa didn’t deserve credit and was jealous of his acclaim. Kandel did not respond to requests for comment.

Two Princeton faculty members said they had heard that Kandel and Tonegawa opposed Tsien. “Joe seems to have a pattern of exceptionally good relationships with important people, and then having them end up feeling betrayed by him in some way,” one said.

Ultimately, Tsien was denied tenure. It was a devastating blow. “I have learned what it meant to be the victim of your own success,” he said. Years later in Georgia, nostalgic for the scene of his greatest triumph, he would tie Princeton Tigers balloons to the cages of his genetically altered mice.

The same accomplishments that had seemed to assure Tsien’s future at Princeton made him a coveted free agent. David Farb, chairman of pharmacology at Boston University’s medical school, lured him there with a professorship at a “very high” salary, a newly renovated lab and at least $750,000 in research funding that had once been ticketed for Farb’s own work.

“I was in my glory,” Farb recalled. “Everyone said, ‘I can’t believe you recruited someone like Joe Tsien from Princeton.’”

Tsien demonstrated a new device for measuring brain signals in mice in 2006 to future Nobel laureates Edvard Moser, second from left, May-Britt Moser and John O’Keefe. (Courtesy of Dr. Longnian Lin)

Opinions shifted when Tsien began quarreling with medical school administrators over how much of the cost of housing his mice should be borne by BU and how much by his NIH grants. Tsien heightened the tensions by accusing BU officials of discriminating against him because of his race, a claim that Farb didn’t believe. “I thought it was a cheap shot.”

The animal experimentation committee criticized Tsien for leaving mice too long in the lab rather than returning them to the vivarium. “He was a big shot,” Farb said. “He felt like, ‘Why are they bothering me with this trivia?’” Farb advised Tsien to be more vigilant, and the pharmacology chair appointed a compliance officer to monitor Tsien’s lab and expenditures.

“I felt very badly” about these conflicts, Farb said. “I thought he was a good faculty member. For myself personally, I was being demonized as this department chair who brought in somebody who was spending all this money. People who had been strong supporters of the recruitment turned against it.”

Tsien said that his disagreements with the BU administration were “minor,” and he didn’t recall the details. Regarding the mice, he said they had to be kept undisturbed in the neural recording rooms for days to measure their long-term memory. The committee disrupted the experiments for several weeks, he said. “The event left a bad taste.”

Tsien’s frequent travels to Shanghai likely magnified the resentment. Many researchers in his lab came from China and were funded by its government. Farb wondered about the relationship, but he decided that on the whole it benefited the school.

“I’d see the papers published and try to figure out, ‘Is this a pharmacology department publication?’” Farb said. “Is it the Shanghai institute” at East China Normal where Tsien helped train faculty? “I didn’t know. Are they the same mice? Nobody was really asking at the time. Maybe they were totally separate. It was a Wild West. I was looking at it as a good thing. Joe is giving us a bridge to a big lab in China. Talented people are coming to the department on their own money. Who was I to raise questions? What am I going to say but, ‘Congratulations, Joe, you’re a great hire, you have four big NIH grants.’ I liked him. Some people didn’t.”

Founded in 1828, the Medical College of Georgia is part of the state university system and one of the nation’s oldest and largest medical schools. It capitalized on Tsien’s discontent, recruiting him to Augusta in 2007. Tsien received a $250,000 salary, a $2.5 million startup fund for his research and up to $300,000 a year to cover the cost of 1,100-1,200 mouse cages. The key draw was a $10 million commitment from the Georgia Research Alliance, a nonprofit created by state leaders to boost the economy through scientific discovery. It paid for a $3.6 million lab designed to monitor brain activity in mice, including eight recording rooms.

Tsien in 2018 at the Department of Neuroscience and Regenerative Medicine at the Medical College of Georgia at Augusta University. The school recruited him in 2007. (Phil Jones/Courtesy of Augusta University)

Tsien was named one of the research alliance’s Eminent Scholars and appointed co-director of a new Brain and Behavior Discovery Institute at the Medical College of Georgia. He was given funding to hire three junior and three senior faculty members. His office adjoining the lab was cluttered with books, awards and mementoes, including a cage containing a battery-powered, furry mouse with blinking red eyes — an allusion to the discovery that made him famous.

The Georgia Research Alliance’s support also included $1 million to develop a colony of transgenic rhesus monkeys in China. Tsien planned to replicate his experiments on intelligence and memory with monkeys, which are closer to humans in evolutionary terms than mice are. But it was hard to obtain approval in the U.S. to genetically alter primates, and monkeys were cheaper in China. So he planned to inject genes into monkeys at the Banna Primate Model Animal Center in the Xishuangbanna prefecture of Yunnan province in southwest China. He would then ship half of the monkeys to Georgia, where the alliance had allotted $500,000 for a second colony, for more experiments. He described the Banna center as an important research institute with roots going back to the early 1980s.

The medical college backed the international project. “We believe that his efforts in China will prove to be mutually beneficial,” then-Dean Douglas Miller wrote to the Chinese Natural Science Foundation in 2010. “Therefore we endorse, with great enthusiasm, Dr. Tsien’s collaborative research projects” at Banna.

Tsien’s China connections aided other professors at the medical college. Two colleagues had shown that curcumin, a yellow substance in curry powder, could help in treating cerebral hemorrhages. But there was a practical barrier; curcumin wasn’t easily absorbed in the stomach. “You have to eat a lot of curry to get the benefit,” one of the scientists said. Tsien put them in touch with researchers at East China Normal, who manufactured more soluble curcumin compounds. East China Normal and Augusta jointly patented the discovery.

The university’s then-president, Ricardo Azziz, valued Tsien’s network in China. Like many presidents at the time, Azziz was eager to increase his university’s visibility and attract international students by gaining a foothold there. He approached Tsien, described the goal of building a globally competitive university and urged him to help. Tsien began reaching out to colleagues in China, paving the way for Azziz to meet them.

In the next few years, Tsien accompanied Azziz on three trips to China. He gave “very clear advice about what would benefit our institution,” Azziz recalls. “He kept the interests of our university as his focus.” Tsien acted as interpreter and cultural guide, making sure that the president didn’t commit any faux pas. At his suggestion, Azziz brought gifts for their hosts, such as coffee mugs or hats with the university’s logo — but not clocks, which in China are considered bad luck. Since Azziz found the expensive chopsticks supplied at formal dinners too slippery, Tsien began carrying a pair of cheap disposable chopsticks in his pocket. When he thought no one was looking, he would swap them in for Azziz.

The chopsticks diplomacy paid off. A partnership with the Shanghai University of Traditional Chinese Medicine led to the 2014 opening of a Confucius Institute on the Augusta campus. Partly funded and staffed by China, the institute not only taught acupuncture and other techniques, but it also offered instruction in martial arts and Chinese music, and sponsored events for the Mid-Autumn Festival.

Concentrating on his brain research, and without expertise in Chinese medicine, Tsien had no desire to be the institute’s founding director. But Azziz couldn’t find anyone else, and Tsien reluctantly accepted the position. His second wife, whom he had met while she was a grants coordinator at East China Normal, became the institute’s global affairs coordinator. In addition, Augusta and East China Normal signed a five-year “friendship and cooperation” agreement in 2016, envisioning student and teacher exchanges, joint conferences and cultural events.

Tsien’s talents also impressed the U.S. Army. John Parmentola, U.S. Army director for research and laboratory management from 2001 to 2009, was seeking to expand its neuroscience research. After reading Tsien’s 2007 Scientific American cover article, “The Memory Code,” Parmentola invited him to speak at its science conference. Tsien then appeared in a video funded by Parmentola’s office, “The Science of Victory,” about the importance of research to the military. The relationship led to the Pentagon funding research by Tsien about how blast injuries and post-traumatic stress disorder affect the brain.

“He’s clearly a gifted and talented individual, and that should really be the focus of who he is and why his work is so important,” Parmentola said.

In his Georgia office, Tsien proudly displayed a coin Parmentola had given him, which commemorated his speech at the Army conference. Even on his visits to China, Tsien couldn’t hide his affection for his adopted country. To the apparent dismay of Chinese officials, he rhapsodized about American freedoms, especially the rights to vote and to own a gun. Tsien had collected a dozen guns — handguns, pistols, shotguns and an antique Soviet rifle — and he liked to shoot at a range on weekends.

“You don’t ever have to worry about the government coming after you,” Tsien would tell the Chinese administrators.

The Chinese “were getting uptight,” said Shawn Vincent, a former vice president for partnerships at the university’s affiliated health system, with whom Tsien also went to China. “You could see the government people look at each other. … Their eyes all got big. I just thought he couldn’t necessarily read the room.” When Vincent warned him to be careful, Tsien laughed it off.

Despite his contributions as a China liaison, Tsien’s status at the medical college depended on his research. Unfortunately, one of his big projects — the monkey colonies — was misfiring, both in China and in the U.S. Several Banna researchers, who he had trained, left for a neuroscience institute in Shanghai. The Georgia facility needed more funding, but the economic downturn and increasing animal rights protests against monkey research doomed it.

At the same time, his scientific curiosity was leading him deeper into the mysteries of the mind. His attention shifted from the genetic experiments that had made his reputation to the basic design underlying intelligence and memory. His recordings of electrical impulses in mouse brains stimulated by various traumatic events showed patterns of activity among groups of neurons, which he called “cliques.” One day in 2014, he had an epiphany: A simple mathematical equation could describe how the cliques organized themselves into the building blocks of brain computation — and ultimately explain how the brain generates abstract concepts and knowledge. The implications of what he called the “Theory of Connectivity” bowled him over.

Staking his career on this sweeping theory, though, was a considerable risk. It was outside his specialty and hard to prove. Sure enough, top journals such as Nature, Science and Cell rejected his manuscripts, although they were ultimately published in other respected peer-reviewed journals.

His pivot from practice to theory affected his research funding, much to the university’s consternation. His grants dropped from $1,657,981 in 2009 to $536,350 in 2017, according to the university. “Joe had a lot of grant dollars at one point,” Vincent said. “Some of those were starting to go away. I do remember … whispers” and words of caution from colleagues. “If you want to be safe, you stay within the guardrails.”

Tsien was vulnerable for another reason. Although he stepped down as soon as a successor was found, his brief time running the Confucius Institute on campus was unlikely to endear him to the U.S. government. The institutes were starting to draw criticism as outlets for Chinese government propaganda or potential listening posts for spies.

Augusta’s institute sparked immediate pushback from officials at nearby Fort Gordon, which was becoming a nerve center for U.S. intelligence. The National Security Agency had a major operation there, and in December 2013, the U.S. Army Cyber Command announced Fort Gordon as its new headquarters.

“We got pressure from friends at Fort Gordon who were concerned about our growing ties with China,” recalls Azziz, who resigned in 2015. “I explained this was a cultural thing.”

The university couldn’t afford to alienate Fort Gordon officials. Its 9,600 students include about 285 veterans and active-duty service members whose tuition is subsidized by the U.S. government, and its Military & Veteran Services office helps them adjust to college. Its fast-growing master’s program in intelligence and security studies benefits from its proximity to NSA and Cyber Command.

Fort Gordon’s dismay was echoed nationwide as attitudes toward China shifted. The number of Confucius Institutes nationwide has plummeted from more than 100 in 2017 to 24, according to the National Association of Scholars. Augusta’s shut down in 2019. As for the friendship agreement with East China Normal, nothing came of it, and it was not renewed.

As the relationship between Beijing and Washington grew increasingly tense, federal agencies that funded research began scrutinizing applicants with ties to China. NIH, which had long encouraged collaborations with China, learned from the FBI in 2016 that an Asian faculty member at MD Anderson Cancer Center in Houston had broken the rules by showing federal grant proposals he was reviewing to other researchers. The NIH examined grant applications and found that some researchers it funded weren’t disclosing dual appointments at Chinese universities. In August 2018, NIH director Francis Collins wrote to universities and academic medical centers, cautioning them that grant applicants and awardees “must disclose support coming from foreign governments or other foreign entities.” Augusta University, which relied on the NIH for 60% of its research funding from 2016 through 2021, had to pay attention.

In March 2018, the dean of the medical college, David Hess, told Tsien that the Department of Homeland Security had been asking about his frequent travel to China. Hess officially eliminated Tsien’s brain research institute, which the university had stopped funding in 2013, and laid off his administrative assistant.

The following February, Tsien was called into Hess’ office. The dean read aloud a letter to Tsien from the university’s vice president of human resources. “Recently it has come to our attention that you appear to currently hold two employment positions in China that create the potential for conflicts of interest,” the letter stated. The university was launching an “immediate investigation.” While it was undertaken, the university banned him from business travel and working off-campus.

Hess also instructed Tsien to fill out the university’s required annual conflict-of-interest form. In his more than a decade at the medical college, Tsien had never completed the form, which asked about outside income, activities and business ownership. And, apparently, no supervisor had reminded him to. Hess said that oversight of the forms was divided between several offices, and that most faculty members filled them out.

“If I go 80 mph on the highway and no one catches me, I’m still breaking the law,” Hess said.

Tsien said that he didn’t receive the conflict-of-interest forms. Numerous articles in Chinese media about him cited affiliations that — if accurate — should likely have been disclosed on university forms. One said he was a Thousand Talents Program expert and a funded professor at East China Normal University, and that a team led by Tsien had developed a drug screening device that was recognized by the Chinese Ministry of Public Security and displayed at the Interpol General Assembly held in Beijing in September 2017. In 2018, Tsien was described as a director of a neuroscience research center in Xi’an.

As the university’s investigation of Tsien’s connections to China ramped up, other scientists’ careers were also being derailed. Since November 2018, when then-U.S. Attorney General Jeff Sessions announced a “China Initiative” to combat economic espionage, the Department of Justice has criminally charged at least 25 researchers who were not employed by industry. Most of them worked at universities and allegedly committed fraud or made false statements in connection with unreported income or affiliations in China.

Some of these cases have fallen apart, spurring criticism that they amounted to racial profiling. In July, the Biden administration dropped charges against five visiting researchers who had been accused of hiding ties to China’s military. After the trial of Anming Hu, a former University of Tennessee at Knoxville nanotechnology professor accused of hiding his part-time teaching position in Beijing from NASA, ended in a hung jury, the Department of Justice sought a retrial. In September, a federal district court judge acquitted him. Judge Thomas Varlan ruled that Hu did not intend to deceive NASA, which is restricted by Congress from funding collaborations with China, and that there was “no evidence that NASA did not receive exactly the type of research that it bargained for.” The university then offered to rehire him. In another setback for the China Initiative, it was reported last week that federal prosecutors are expected to drop charges against Gang Chen, an engineering professor at MIT who had been accused of concealing ties to the Chinese government and its talent recruitment programs. The Justice Department did achieve a notable triumph in December when a federal jury convicted Charles Lieber, former chair of Harvard’s chemistry department, of lying about his participation in the Thousand Talents Program. Lieber’s lawyers have said he plans to appeal.

While the criminal cases have attracted the bulk of media attention, actions by federal agencies that fund academic research, and by universities themselves, have affected far more professors. In April 2021, Michael Lauer, NIH deputy director for extramural research, told Congress that more than 100 scientists had been removed from the “NIH ecosystem.”

By November, NIH had expressed concern to institutions about 228 scientists with possible problems related to foreign interference. Of these, 191, or 84%, were found to be linked to a “serious violation.” More than 60%, a total of 141, were excluded from receiving NIH grants, including 90 who were fired or quit their jobs. Only 11, or 5%, were cleared. More than three-fourths of the 228 scientists identified themselves as Asian, and China was the “country of concern” in 210 cases, or 92%. Almost half of the cases originated with NIH; universities self-disclosed nearly 30%; and the rest were referred by the Department of Justice or FBI.

Lauer told ProPublica that NIH does not discriminate against researchers of Chinese descent. Most of NIH’s cases involve scientists born in China, he said, because China’s aggressive brain-gain programs such as Thousand Talents offer expatriates generous stipends, cutting-edge labs and other incentives for full-time or part-time work at Chinese universities.

Thousand Talents contracts give the Chinese university “at least some rights” to inventions developed in the U.S., and they may also require participating scientists to keep their work in China secret, according to a 2019 report by the U.S. Senate Permanent Subcommittee on Investigations. Of the 228 scientists identified by NIH, 124, or 54%, allegedly did not disclose funding from talent programs.

Despite pushback from Asian American rights groups and some universities, Lauer expects the focus on China-related conflicts of interest to continue. “There was no change going from Obama to Trump, and we aren’t seeing any change from Trump to Biden,” he said. Both parties in Congress, he said, have encouraged NIH to be aggressive. Proposed legislation would restrict federal grant recipients from participating in Chinese talent recruitment programs.

Lauer declined to discuss specific professors. Still, he acknowledged that many of them came to NIH’s attention because, far from concealing their Chinese backing, they credited it in their published articles. “It’s actually in their scientific papers, but their [U.S.] universities didn’t notice it,” he said.

Lauer insisted that NIH still encourages international partnerships. “There’s a difference between collaboration and deception,” he said.

Some China-born professors don’t trust NIH to recognize that difference. One morning last October in the halls of the Medical College of Georgia, a scientist from China lamented the crackdown. “Nothing we can do,” she sighed. “Nothing we can do. I’m a very conservative person. I follow the rules. I do not have any collaboration in China.”

She said she still had Chinese researchers in her lab — for now. “Everyone is scared. The U.S. is no longer welcoming them.” If they go elsewhere, she said, American science would suffer. “Most Chinese students work very hard. No matter how good your ideas are, you need good people.”

Faculty opinion was divided about Tsien. “What happened to Joe was awful, and it speaks to the climate here,” one said. “If they can squeeze someone of his stature out, what would they do to me?” Another said that Tsien doomed himself by denouncing the investigation and “throwing bombs” at administrators.

Tsien wasn’t the only neuroscientist at the medical college with ties to China. Professor Darrell Brann agreed to participate in a Chinese recruitment program, the Hebei Foreign Experts Hundred Talents Plan, as a visiting professor at North China Science and Technology University, for about $70,000, according to Chinese media reports. Brann reported receiving $36,500 from North China in 2017 and 2018 on his Augusta conflict-of-interest form.

Tsien’s lawsuit cited the university’s failure to investigate Brann, who is white, for joining the talents program as evidence of anti-Asian discrimination against Tsien. “Dr. Brann was not the subject of a conflict of interest investigation because such investigation was not warranted,” the university responded in a filing.

Brann declined to comment, but a person close to him described what had happened. A post-doctoral researcher in Brann’s lab at Augusta had connected Brann with a former mentor at North China. Brann then became associated with North China, which eventually asked him to run a major lab. Uncomfortable with this larger role, Brann ended the relationship before receiving the entire $70,000.

Oil paintings of the deans of the medical college dating back to the long-bearded Lewis Ford, who later served as a surgeon in the Confederate Army, lined the hallway to Hess’ office. Hess, a defendant in Tsien’s lawsuit, declined to talk about him or the case. Still, he supported Brann. “I’m sure he followed the rules,” the dean said.

Hess acknowledged that NIH’s attitude toward collaborations with China has changed, and that the college’s success is tied to NIH funding: “If those grants are taken away … we have to make it up.” But that very reliance, he said, ensures that the college doesn’t discriminate against researchers of Chinese descent because they bring in one-third of the school’s NIH money.

“There’s no discrimination against our Chinese American scientists, I assure you,” Hess said. “We’d be crazy to. They’re super productive.”

As the allegations against him accumulated, Tsien swatted them away, denying that he had taken any undisclosed income from China. The affiliations uncovered by university investigators, he insisted, were unpaid, were speculation by Chinese media or were partnerships under his international Brain Decoding Project — another of his big ideas. As for Thousand Talents membership, he acknowledged the title but not the money. “I did not take personal financial support or talent research funding from it,” he told Augusta. A university in Yunnan, he said, applied to Thousand Talents on his behalf around 2011, offering him a three-month visiting professorship. He declined the position and arranged for the funds to go to the Banna institute.

These defenses were effective. In its final report on his case in December 2019, a month after Tsien resigned, Augusta conceded that it couldn’t substantiate that he had accepted money from China. And while it contended that his frequent travel to China — 12 trips totaling 228 days from July 1, 2016, to Jan. 31, 2019 — had affected his research funding and productivity, it acknowledged that the medical college had approved his absences.

The case against him came down to six patents in China on which Tsien was listed as an inventor under his Chinese name, Zhuo Qian. The patent applications were filed without Augusta’s approval between 2011 and 2015. Reviews by the university’s Office of Innovation Commercialization and by an outside patent attorney it consulted found that these patents were “identical to or derivative from” Tsien’s research at Augusta and that it was likely that he had “participated in the filing of the Chinese patents and provided the information necessary.” And since Augusta, as his employer, owned or co-owned the research, and the university had not been told about the Chinese patents, his actions allegedly constituted theft of intellectual property. If he had not quit, the report concluded, he would have been fired.

The patents related to a technique of measuring and imaging changes in heart and respiration rates remotely, without attaching sensors. Meng Li and Fang Zhao, two researchers in Tsien’s lab, developed the technique under his guidance, with funding from the Georgia Research Alliance, as part of his effort to determine how long mice remember traumatic events such as falling or being shaken in a jar. The technique was patented in the U.S., with Tsien, Meng Li, Fang Zhao and Yi Qian, the director of the Banna Biomedical Research Institute, listed as inventors. Augusta University and the Banna institute co-own that patent.

The Chinese patents did not mention the medical college. All six were co-owned by the Banna Dadu Yunhai Intelligent Technology Development Co. The Banna Biomedical Research Institute shared five. So did the Shanghai Institute of Criminal Science and Technology, which took an interest in the research because technology that can identify variability in physiological rates could be useful for improving lie detectors.

Like Tsien, Fang Zhao was listed as an inventor on all six Chinese patents. Her husband, Meng Li, was listed on five. By 2019, when the university was investigating Tsien, they had left his lab and were working at Harvard University. One day, two FBI agents knocked on the door of their apartment in Cambridge, Massachusetts, and interviewed them for 45 minutes, mostly about Tsien. The agents politely asked about his travel to China, focusing on the patents. Did he apply for them? Had he commercialized them? Was Zhuo Qian his Chinese name? “We answered all the questions we know,” Fang wrote in an email. “However, this incident made us feel uncomfortable.”

The U.S. Department of Justice declined comment on Tsien, saying that it does not discuss active investigations, or confirm or deny whether there is an investigation.

Tsien said that he wasn’t involved in seeking the China patents. In a carefully phrased response to Augusta, he wrote that the Chinese institutions had sought the patents “based on their own work and resources. ... I was not officially approached for any written consent or given an opportunity to read their applications before they filed the patents.”

His co-inventors had done most of the research in China or on their own time, he wrote, and his contribution had been limited to “some non-essential, generic comments to them.”

If he had participated in filing the patents, he said, he would never have used his Chinese name, which was legally invalid because he had changed it to Joseph Z. Tsien when he became a U.S. citizen. He suggested that the other inventors included him on the patents out of gratitude for “getting them acquainted with each other at social gatherings in China,” or because of his luster as a scientist. He also showed ProPublica a “declaration letter” from the law firm in China that handled the patent applications, attesting that, “We received no document signed by Joseph Tsien or Qian Zhuo.”

In recent years, more than twice as many patent applications have been filed in China as in the U.S. From the local level up, the government in China has often rewarded applicants with subsidies or job promotions. It seemed possible that such incentives had prompted Banna or the co-inventors to apply without Tsien’s knowledge.

But an obscure paragraph in Tsien’s own answers to the university undermined his defense. He wrote that one of the other inventors, Yi Qian, was his sister, and that she, his mother and his mother-in-law were all partners in Dadu, along with Meng Li and Fang Zhao. The company, Tsien wrote, “manages organic tea farms and offers tea, traditional Chinese medicine products, health/wellness and cosmetic products,” raising the question of why it would co-own patents related to research on heart rates.

Tsien had told ProPublica that he had a sister. But he hadn’t mentioned that they worked together or shared a patent. “My sister mostly lives with my parents in Yunnan province where weather is … more suitable for elderly, and she also manages her organic tea farm there,” he had written months before. Now he added that she was trained in mechanical engineering and “helped us to expand the remote measurements” beyond mice to fish, pigs, elephants and newborn Chinese babies. (Qian did not respond to a request for comment.) The ethics board at Banna Biomedical Research Institute approved the measurements on infants, which were taken by video camera.

Tsien’s disclosure that his sister and mother had stakes in a company that co-owned his Chinese patents appeared to be at odds with another response he had given to the university. Its conflict-of-interest form, which Hess had ordered Tsien to fill out in 2019, asked whether any immediate family member was a full or partial owner of a business related to his “Institutional Responsibilities.” Tsien checked “no.”

One of Tsien’s co-inventors contradicted his account. Fang Zhao told ProPublica in response to emailed questions that Tsien not only knew about the patent applications but also initiated them. He “asked me to prepare the technique reports for him when I worked in his lab,” she wrote. She said that Tsien asked his sister to apply for the Chinese patents. As for Tsien’s Chinese name on the patents, Fang Zhao said that he always uses it in China.

She and Meng Li “have no idea that he has not reported these Chinese patents to Augusta University,” Fang Zhao wrote. “Joe told us this is normal academic cooperation activity which is allowed by Augusta University.”

Fang Zhao also described the Banna institute as a private organization run by Tsien, his sister and his mother. This raised questions about Tsien’s relationship to the Thousand Talents Program. Tsien had said that he declined the Thousand Talents funding and arranged for it to go to Banna instead. But if Banna was controlled by his family, it seemed possible that he or his family had benefited directly or indirectly from the money.

Chinese records and media coverage showed that the three Banna organizations were all established around the same time and were all connected to Tsien and his family. Dadu started in 2010 with about $700,000 in seed money. There was also the Banna Primate Model Animal Center, which opened in 2008 with about $1.5 million in capital, contrary to Tsien’s description of it as a 40-year-old organization. The primate center, which owned a 20% stake in Dadu, appeared to be a precursor to the Biomedical Research Institute, which started in 2010 with more than $2 million.

A lawsuit in China alleged that the Banna entities were tightly intertwined — and linked to Tsien. A construction company sued Dadu, the biomedical institute, Tsien (by his Chinese name, notably) and his sister for nonpayment of roughly $800,000 of a $2.2 million contract. According to the lawsuit, the personnel and finances of Dadu and the institute were commingled and Tsien was the “actual controller and investor.” Citing a lack of funds, the defendants had requested more time to settle their account, but they had still not paid in full. The case’s status or outcome was unclear because in 2019 a local judge moved it to another court, whose records were unavailable.

Tsien’s efforts to profit from the patents went beyond Banna. In December 2018, he and his sister proposed establishing a “Brain Science and Artificial Intelligence Research Center” in Yuxi, a city of 2.6 million people in Yunnan, about five hours’ drive from Xishuangbanna. The center’s products would include a remote drug screening device covered by one of the six Chinese patents. Notes from the meeting on the Yuxi government’s website identified Tsien, again by his Chinese name, as dean of the Banna Biomedical Research Institute and his sister as its vice president. The Yuxi government agreed to embark on the project, with Tsien’s sister as a deputy team leader.

Tsien, second from right, at the signing ceremony for the Shaanxi Brain Science Center on July 18, 2018; the backdrop displays his Chinese name. The accompanying article describes him as the center’s director and his sister, Yi Qian, as deputy general manager of a related company. Highlights added by ProPublica. (Screenshot from The Paper, July 19, 2018. Original photo from the Xi’an Publicity Department.)

Tsien spun these new revelations as best he could. While acknowledging that he had not always told the full story, he continued to distance himself from the Banna companies and the Chinese patents that they co-owned.

For example, he said that Dadu “was established by a few of my relatives” but that he did not “provide the money.” His sister, he said, had worked for China Resources Group, a state-owned conglomerate, and then as an entrepreneur before managing the tea farm, and she had gotten rich enough to help found Dadu. “My family was poor when I was in high school or college,” he said. “Now everybody seems to be much better.”

The primate center’s origins did trace back to the early 1980s, he said, but the state government had planned to close it and develop the real estate. “There was this very chaotic moment. I wanted to continue the primate research.” The center was reborn with his Georgia Research Alliance grant and local government money. The government then expanded it into the biomedical institute, which he described as a nonprofit organization with both public and private funding. He had donated the Thousand Talents stipend for construction of new buildings, such as a conference hall and a cafeteria, and didn’t personally profit, he said.

He denied the construction company’s contention that Dadu and the institute commingled funds and that he controlled both entities. “They put my name in because they think I’m American, I have money.” The company hadn’t been fully paid because it had “jacked up the price,” but the court rejected the exorbitant sum, and the case was close to being settled.

Tsien acknowledged that the lawsuit and other documents in China, like the patents, referred to him by his Chinese name. “Everybody in China uses my Chinese name,” he said. “I stopped trying to correct them.”

He said he was aware that Meng Li and Fang Zhao wanted to apply for the patents. He had cautioned them that they had to abide by Augusta’s policies and that the work couldn’t be done in his lab, he said. “I told them, ‘You need to draw a line here.’” They followed his advice, he said. Once the Chinese patents came under scrutiny, Zhao and Li, as partners in Dadu, “may have unfortunately tried to shift blame,” Tsien said. Zhao did not respond to a request for comment.

Tsien said he didn’t remember if he instructed his sister to file the patent applications. Then he added, “It was a combination.”

Tsien maintained that he had no desire to commercialize the patents. Asked about the proposed Yuxi research center that would develop the drug screening invention, he sighed. “If that qualifies as my effort to commercialize, then yes, OK, I did try to commercialize,” he said. Although Yuxi was “a natural” location because drug addiction was rampant there, the center has not materialized, he said.

Tsien lives with his younger son and his sister’s children in a tree-lined Shanghai neighborhood in the apartment that East China Normal provided for him almost 20 years ago. His younger son works at a product design company, and his niece works at a media production company. His nephew goes to a better middle school than those available in Yunnan, where Tsien’s sister, Yi Qian, lives. The apartment’s other occupants are two German shepherds named Max and Duke.

He hasn’t seen his wife or their young daughter for more than two years. Because he had only expected to be gone a month — he had bought a round-trip ticket — they stayed behind in Georgia. He said he talks with them daily by WeChat. “Sometimes, I play silly with my daughter, such as posing as an elephant wearing a cowboy hat.” He speaks a couple of times a week with his older son, a graduate student in computer science in the U.S.

His reluctance to come back jeopardized his lawsuit in federal district court in Augusta. The university contended that it should be able to take his deposition in person, though remote depositions have become more common in the COVID-19 era. A magistrate judge ruled on Nov. 12 that “evading arrest is not a legitimate basis for seeking relief” and that Tsien had to appear in person to be deposed.

Marooned in China, Tsien has had time to reflect on his rise and fall in the U.S.

“America is like a treasured rainforest in which reside all sorts of creatures,” he said. “One just needs to deal with a few mosquitoes and possibly snakes along the way to enjoy and appreciate its majestic beauty.”

Surprisingly, despite his many past affiliations with Chinese universities and institutes, Tsien is no longer working in higher education. “I did get many invitations to give seminars but tend to decline most because I prefer to draw a line between my previous academic life and current one, which gives a strange feeling that one may live twice,” he said.

Instead, he’s chief scientist at an artificial intelligence startup in Shanghai, where he’s building a self-driving car operated by an algorithm and hardware inspired by brain computation. By creating a smarter car, as he created a smarter mouse, he hopes to vindicate his Theory of Connectivity about the basis of human intelligence.

His departure from academia, though, may not be entirely by choice. One close friend said that Tsien, when he was riding high at Princeton, lorded his renown over Chinese researchers of lesser stature. Now the scientists who resented his condescension are in power at Chinese universities, and they have no desire to resuscitate Tsien’s career.

“He burned bridges in both countries,” his friend said. “To me, it’s a tragedy.”

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by Daniel Golden and Jeff Kao

Kidney Failure, Emergency Rooms and Medical Debt. The Unseen Costs of Food Poisoning.

2 years 10 months ago

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This story was co-published with The Texas Tribune.

On a cloudy day in November 2019, family and friends gathered in Austin, Texas, to mourn the passing of Lovey Jean Carter.

Carter, who had heart trouble and other ailments, had died at 67.

After the burial, many of the mourners returned to Rising Star Baptist Church to share a meal. The brisket was home cooked, but everything else — rotisserie chicken, potato salad and fried chicken — was bought ready to eat from local grocery stores. One of Carter’s brothers, James Monroe, had picked up 15 rotisserie chickens ordered from the Sam’s Club on the south end of Austin. It was all simple. And it was all supposed to be safe.

But that night dozens of the attendees were stricken by illness, overcome by nausea, cramping, vomiting and diarrhea, according to an investigation by Austin Public Health, which found that at least 61 people reported symptoms of food poisoning after the reception.

“Seemed like a dream that everyone was calling saying, ‘I’m sick, I’m sick, I’m going to the hospital,’” Joyce McDowell, one of Carter’s younger sisters, recalled.

Hundreds of people die every year in the United States after eating food tainted with salmonella, listeria and other dangerous pathogens. As wrenching as those deaths are, though, they are only the tip of the toll that food poisoning takes on the United States, where millions more people are sickened each year.

Salmonella is a leading culprit, with an estimated 1.35 million infections a year, resulting in thousands of hospitalizations, according to the Centers for Disease Control and Prevention.

For many of those victims, the effects can be life-altering. There can be kidney or gastrointestinal troubles that persist for years. There can be staggering hospital bills that for some patients, especially those without health insurance, seem to never let up.

And long after the worst of the illness has passed, anxiety about eating and the frustrating, often futile, search for answers can linger.

The rate of illnesses caused by salmonella hasn’t lessened in 25 years in the U.S., which continues to lag many countries in curbing the spread of the pathogen.

A ProPublica investigation of the U.S. food safety system found that federal regulators don’t have the power to stop meat and poultry contaminated with risky strains of salmonella from being sold to consumers. When the U.S. Department of Agriculture, which oversees meat and poultry, detects the pathogen, the agency can’t issue recalls or halt plant operations. It can only act if it is able to tie a case or cluster of cases of foodborne illness to a particular product. Inhibiting oversight further, a total of 15 federal agencies have a hand in food safety, with much of the responsibility split between the USDA and the Food and Drug Administration, a fragmented structure that critics say has impeded progress.

Nationally, the price tag in costs of treatment, lost work hours and premature deaths is estimated at $4.1 billion a year, according to the USDA.

“Salmonella is a very expensive pathogen, partially because it causes a lot of illnesses and partially because it can cause pretty severe disease as well,” said Sandra Hoffmann, a senior economist at the USDA. “You think, ‘Oh, foodborne illness is just a bellyache,’ but it is quite costly.”

The experience of Carter’s loved ones would end up a testament to the toll salmonella can take and to the obstacles to holding anyone accountable when illness strikes.

Austin Public Health opened an investigation into the outbreak shortly after it began, but investigators couldn’t pinpoint the source of the illness — a fate that befalls most such inquiries.

McDowell, now 68, hoped to fight through her illness at home. But the next day, she still felt sick. And that night, her watch sounded off with warnings that her heart rate had reached 130 beats per minute.

“I never felt so weak like that in my life,” she said.

By the time she arrived at Dell Seton Medical Center in Austin, others from the funeral were already at area hospitals. Before long, doctors had identified the source of the spate of illnesses as salmonella.

“You hear it advertised on the TV that so many people die a year of salmonella,” McDowell said, “but you never think that it’ll hit home. But it did.”

After the result of lab tests came back, Austin Public Health was notified on Nov. 5, three days after Carter’s funeral.

The health agency would eventually identify 84 people who attended the funeral reception. At least 26 of them were hospitalized, some for more than a week. The youngest person hospitalized was 1, the oldest 92. Servers who tasted the food also ended up sick.

The health agency interviewed 67 of 84 funeral attendees, asking each of them to recall what they had eaten, when they started feeling ill and what the symptoms were. The agency found that the rotisserie chicken was eaten by more of the sick people than any of the other foods served.

But as clear as the cause might have seemed to the victims, determining that the chicken was in fact the source of the salmonella outbreak still wasn’t going to be easy. One reason was that so many of the mourners fell ill. Only two of the people who were identified as having eaten at the funeral didn’t get sick, which left investigators unable to effectively distinguish between what the sick people ate and what the healthy people ate.

“It’s plausible that the chicken was the cause of the illness,” Jen Samp, a spokesperson for Austin Public Health, said in an email, “however, we did not have statistical evidence to prove which food was the culprit.”

A spokesperson for Sam’s Club, Erin Hulliberger, told ProPublica in an email that the company is “committed to providing high-quality products” and noted that the Austin investigators had said they were unable to determine the source of the illness.

The possibility of cross-contamination presented another investigative challenge. The brisket and chicken had been served with the same utensils, so if salmonella was originally present on one but not the other, the bacteria could have spread between them.

Monroe, who had picked up the rotisserie chickens and cut them up before the reception, was among those who ended up sick. He and his son sampled a few bites while prepping the food, and by the time the service was over, he was in such pain that he went home instead of going to the reception. It wasn’t until that night, as he heard of others who had become ill, that he realized that the rotisserie chicken might be the cause of all the sickness.

A little over a week later, after he had recovered, Monroe gave the health agency what seemed like a valuable clue: a whole rotisserie chicken that was one of the 15 purchased for the funeral reception but had been sitting, unopened, in Monroe’s refrigerator.

For investigators, an unopened package of a suspect food can be a vital, if rare, piece of evidence. Usually, the food suspected of causing illness has already been eaten, opened or discarded by the time illness emerges and an investigation is launched.

The health agency picked up the chicken from Monroe’s home, placed it on ice inside a double layer of biohazard bags and took it to a state laboratory in Austin for testing, according to Samp, who said the agency followed state protocols.

The state lab, however, determined the chicken wasn’t suitable for testing. A spokesperson for the Texas Department of State Health Services told ProPublica that Austin Public Health had collected two leftover rotisserie chickens from Monroe’s house — one in the unopened package and one in an opened package — and transported them in the same bag, creating the potential for cross-contamination. “We have very strict protocols that must be followed to ensure the integrity of the samples collected for testing,” the spokesperson, Lara Anton, said.

So what could have been the key to determining what made everyone sick ended up unexamined, underlining one of the challenges inherent in investigating foodborne illnesses.

“That’s the nature of the beast,” said Jack Guzewich, who for 11 years led the FDA’s foodborne disease surveillance and response program. “There’s so many other things that can go wrong that you end up inconclusive.”

Guzewich, who left the FDA in 2011 and worked as a consultant on foodborne disease investigations before retiring, said that had the leftover chicken been tested, it might have shown whether the chicken from Sam’s Club was carrying the same strain of salmonella that made everyone sick. “If the chicken sampling had been done correctly, they might have had the smoking gun and met the gold standard,” he said.

Based on samples from 26 of the victims, investigators determined that the funeral goers had been infected by a form of salmonella known as Saintpaul. It’s one of a relatively small number of salmonella types that account for most of the salmonella infections documented by the CDC. In 2008, Saintpaul, named for the Minnesota city where a scientist first isolated the strain, caused an outbreak that led to more than 1,400 infections nationwide. In the years since, the CDC has documented about 200 cases a year, about a fifth of them leading to hospitalization. (The CDC estimates that for every confirmed salmonella infection, almost an additional 30 go unreported.)

Even as the Austin health agency was investigating, some of the victims were pressing for answers on other fronts, contacting Sam’s Club and enlisting a personal injury lawyer.

Two days after the funeral, one relative reported the outbreak to Sam’s Club through a contact form on the company’s website. About a week later, another reported the outbreak to Sam’s Club by phone. In an email to one of the relatives and a voicemail to the other, representatives of Sam’s Club said the company had opened an “investigation.”

Patrick Monroe, the relative who filed a complaint online, said a Sam’s Club representative called him several weeks later and said because government investigators hadn’t tested the chicken, there was “nothing” the store could do.

Keith Carter, the relative who had reported the incident by phone, said he didn’t hear anything back from Sam’s Club. “I kept calling them, and they never returned my calls,” Carter said.

Hulliberger, the spokesperson for Sam’s Club, said the company takes safety seriously. “We have policies in place to comply with strict food safety controls, which help ensure the food we provide is safe,” she said.

She pointed out that the investigation had not determined what food caused many of the mourners to become ill. “Based on its investigation, Austin Public Health reported it was statistically impossible to implicate any of the food items from the funeral reception in 2019 as the source of illness that ProPublica is attempting to link to Sam’s Club,” she said.

In its report on the outbreak investigation, the health agency said it visited the store where the rotisserie chickens were purchased. It inspected its “kitchen and process” and did not note any violations.

A few of the relatives had found a firm willing to represent them in filing a lawsuit. It wouldn’t be quick or easy, but it might give them some answers and perhaps some compensation for the harm endured by so many of the mourners.

But two months later, the firm, now known as Pastrana & Garcia, backed out. After the health department said it was not going to be able to pinpoint the source of the food poisoning, the lawyer who had agreed to represent the victims, Raul Steven Pastrana, told them the case was all but unwinnable. “Without the health department’s willingness to identify one source of the poisoning, there are too many possible sources to meet the ‘more likely than not’ standard,” he wrote in a letter to the relatives. In an email to ProPublica, Pastrana’s firm declined to comment.

In Dale, a community about 30 miles south of Austin where many members of Lovey Jean Carter’s family live, some in houses right across from one another, memories of the salmonella outbreak are still fresh. Intense pain, diarrhea, nausea and vomiting overtook every household in the family in the hours after the funeral reception. The youngest member of the family, a 1-year-old, was vomiting through the night while her grandfather anxiously looked after her. Several family members were taken to hospitals in ambulances.

It felt as if death was stalking them, Carter’s mother, Lola Monroe, 94, said. “I think about that so often. My daughter’s funeral, and right after the funeral everybody got sick.”

Hattie Tibbs, 74, a family friend who was taken to a hospital in Kyle, said the illness brought her to tears. “Oh my, the pain,” she said, “I wouldn’t wish that on nobody.”

Getting out of the hospital and over their symptoms wouldn’t be the end. After the hospital stays and doctor’s visits, bills began to arrive. For some, insurance covered nearly everything. Others still owe money to this day.

Keith Monroe, who stayed in the hospital for one week and didn’t have health insurance at the time, was billed about $49,000, which he still owes. On top of his medical bills, Monroe, a handyman, lost work in the four months he was recovering.

Keith and Russell Carter, who are brothers and nephews of Lovey Jean’s, held out for three days after the funeral, trying their best to avoid seeking care.

“We really didn’t want the hospital bills. I knew if we went in, it’d be no telling how much it’d be,” Keith Carter, 55, said. “We just tried to tough it out, and the more we tried to tough it out, the worse it got.” Carter was vomiting, nauseated and completely dehydrated. His pain level, he said, reached a 10.

After about eight hours in the emergency room, his charges came to about $15,000, of which he was responsible for $1,700. Carter has five daughters and works as an equipment manager for the state’s health and human services agency by day and as an airline baggage handler at night. He had to take time off from both jobs when he got sick.

“When you got five girls and you got other bills — you got car payments, house payments — it’s money that you’re spending that you really don’t have,” Carter said.

Having to pay for being sickened by the funeral food made the hospital charges all the more frustrating. “I really didn’t want to pay anything, especially when you’re not at fault,” he said.

Today, Carter still suffers from abdominal pain. Tibbs had to change her diet because her stomach can no longer tolerate some of the foods it used to. And Keith Monroe has to use the restroom much more frequently because of lingering kidney problems.

Patrick Monroe said he is troubled that his relatives never got answers about what made them so sick. “I just don’t know how something like this got passed over.”

He is still paying off medical bills for himself and his two children. He doesn’t eat rotisserie chicken anymore. And he gets anxious at doctors’ offices, which bring back memories of all the illness the family endured. “I felt like I was going to die.”

Michael Grabell, Mollie Simon and Bernice Yeung contributed reporting. Lexi Churchill contributed research.

by Maryam Jameel

Tennessee Judge Who Illegally Jailed Children Plans to Retire, Will Not Seek Reelection

2 years 10 months ago

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

Update, Jan. 18, 2022: This story was updated to reflect that Judge Donna Scott Davenport will step down this year rather than seek reelection.

Donna Scott Davenport, the juvenile court judge at the center of a controversy over the arrest and detention of children in Rutherford County, Tennessee, has announced that she will step down this year rather than run for reelection.

Earlier on Tuesday, ProPublica and Nashville Public Radio published a story about a move by some Tennessee lawmakers to remove Davenport from her post. About an hour after that story was published on ProPublica’s website, Davenport, in an email sent by the county’s spokesperson, announced that she will not be running for reelection this year. Instead, she plans to retire when her current eight-year term expires this summer.

Davenport, in announcing her retirement, said: “After prayerful thought and talking with my family, I have decided not to run for re-election after serving more than twenty-two years on the bench. I will always look back at my time as Judge as one of the greatest honors of my life and I am so proud of what this Court has accomplished in the last two decades and how it has positively affected the lives of young people and families in Rutherford County. I wish my successor the best and hope that this job provides them the same fulfillment it has provided me over the years.”

A bill that was introduced in the Tennessee legislature sought to remove Davenport, following reporting from Nashville Public Radio and ProPublica detailing how the county’s justice system was illegally arresting and jailing children.

Since 2000, Davenport has overseen the juvenile justice system in Rutherford County, where the county jailed kids in 48% of the cases referred to juvenile court — compared with the statewide average of 5%. State Sen. Heidi Campbell and state Rep. Gloria Johnson have said they are proposing legislation that could result in Davenport’s ouster. A bill starting the process was filed in the state Senate on Friday.

In Tennessee, state lawmakers have placed narrow limits on when children can be locked up prior to a delinquency hearing. But from 2008 to 2017, Rutherford County’s juvenile jail instituted its own system, called a “filter system,” under which any child deemed a “TRUE threat” could be detained. The jail’s written procedures never defined what a “TRUE threat” was. Davenport appointed the jail’s director, who also reports to her. In 2017, a federal judge ordered the county to put a stop to the filter system’s use.

“While judges are given judicial discretion to interpret laws, they are not allowed to make up their own laws,” Campbell said in a press conference on Monday.

State Rep. Vincent Dixie said at the press conference: “This is a slap in the face to us as legislators, because she made a policy into a law. And if you can do that, if anybody can do that, then why are we even in office?”

State Sen. Brenda Gilmore, former chair of Tennessee’s Black Caucus, highlighted the racial disparities among incarcerated children in Rutherford County during the press conference. Reporting from Nashville Public Radio and ProPublica found that Black children are not only jailed at a disproportionately high rate, but that the disparity is getting worse.

Several Democratic lawmakers, including Gilmore, said they’re concerned that the issues in the county are systemic.

“The people who are in charge have failed the children, and they’re still in charge,” Gilmore said.

Johnson said Davenport exercised an “appalling abuse of power.” She added, “How can we keep a judge in place who sees herself as carrying out God’s mission, rather than carrying out the laws of this state?”

The attempted ouster is considered an extreme measure.

Under Tennessee’s constitution, a judge can be removed only upon a two-thirds vote of both legislative chambers. A state report and news clips turn up only two instances of that happening in the last half century — once for a judge convicted of sexual assault, and once for a judge convicted of perjury and obstructing justice.

Campbell said if the resolution passes, a joint legislative committee would be formed with the power to subpoena witnesses. It would file a report to the state House and Senate, which would then vote separately on whether to remove the judge.

Voters selected Davenport as Rutherford County’s juvenile court judge after the county established it as an elected position in 2000; she has been the only person to hold the job thus far. In her last reelection bid, in 2014, she ran as a Republican.

Multiple Democratic lawmakers said Davenport’s removal isn’t a partisan issue. Campbell pointed to how Tennessee’s Republican governor has called for a review of Davenport. Eleven members of Congress, all Democrats, have also asked the U.S. Department of Justice to open a civil rights investigation of the county’s juvenile justice system.

In Tennessee, a similar measure to remove a judge was introduced last year by a Republican representative. The judge had ordered increased access to absentee ballots during the August primary elections. The effort to oust her failed, but the judge has since announced she will not seek reelection.

Nashville Public Radio reached out to Davenport for comment about the legislative proposal to remove her but did not receive a response. She has previously declined to respond to questions from the news organizations.

by Alexis Marshall and Meribah Knight, Nashville Public Radio, and Ken Armstrong, ProPublica

How a Powerful Company Convinced Georgia to Let It Bury Toxic Waste in Groundwater

2 years 10 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

For the past several years, Georgia Power has gone to great lengths to skirt the federal rule requiring coal-fired power plants to safely dispose of massive amounts of toxic waste they produced.

But previously unreported documents obtained by ProPublica show that the company’s efforts were more extensive than publicly known. Thousands of pages of internal government correspondence and corporate filings show how Georgia Power made an elaborate argument as to why it should be allowed to store waste produced before 2020 in a way that wouldn’t fully protect surrounding communities’ water supplies from contamination — and that would save the company potentially billions of dollars in cleanup costs.

In a series of closed-door meetings with state environmental regulators, the powerful utility even went so far as to challenge the definition of the word “infiltration” in relation to how groundwater can seep into disposal sites holding underground coal ash, according to documents obtained through multiple open records requests.

Earlier this month, Georgia Power was on its way to getting final approval from the state to leave 48 million tons of coal ash buried in unlined ponds — despite evidence that contaminants were leaking out. Georgia is one of three states that regulate how power companies safely dispose of decades worth of coal ash, rather than leaving such oversight to the U.S. Environmental Protection Agency itself.

But last week, the EPA made clear that arguments like the ones Georgia Power has been making violate the intent of the coal ash rule, setting up a potential showdown among the federal agency, state regulators and the deep-pocketed power company. In a statement last week, the EPA said that waste disposal sites “cannot be closed with coal ash in contact with groundwater,” in order to ensure that “communities near these facilities have access to safe water for drinking and recreation.”

The EPA’s action follows a joint investigation by Georgia Health News and ProPublica that found Georgia Power has known for decades that the way it disposed of coal ash could be dangerous to neighboring communities.

“The coal ash rule was clear from the beginning, but industry had tried to inject uncertainty into plain language,” said Lisa Evans, an attorney who specializes in hazardous waste law for the environmental advocacy nonprofit Earthjustice. “The EPA has made it crystal clear what the plain language of the coal ash rule means.”

Georgia’s environmental regulators said it’s too soon to determine exactly how the EPA’s actions will play out in the state. In a letter dated Jan. 11, the EPA asked the Georgia Environmental Protection Division to review whether coal ash permits it has issued to Georgia Power are “consistent” with the federal agency’s guidance. Georgia Environmental Protection Division spokesperson Kevin Chambers, who declined to answer questions about Georgia Power’s lobbying or make any regulators available for an interview, said that the state agency is “awaiting further clarification” from the EPA on how the announcement will impact future permits for Georgia Power’s ash ponds. The agencies are scheduled to meet about the issue later this month.

John Kraft, a spokesperson for Georgia Power, said in a statement that the company intends to “comply with environmental regulations.” The utility has repeatedly denied that its coal ash ponds have contaminated residents’ drinking water or caused health problems in communities near its plants. He declined to answer ProPublica’s questions about the company’s lobbying efforts.

“We are evaluating EPA’s position,” Kraft said. “We will continue to work with them, as well as Georgia EPD, to safely close our ash ponds.”

Gloria Hammond at her home in Juliette, near Plant Scherer’s coal ash pond. (Rita Harper, special to ProPublica)

For those living near coal ash ponds, the EPA’s decision couldn’t come soon enough. Gloria Hammond, a longtime resident of the tiny rural town of Juliette, Georgia, relied for decades on a private drinking well to pump water to her home from an underground aquifer. But two years ago, a sample of her well water taken by an environmental advocacy group revealed unsafe levels of contaminants often found in coal ash. Now, Hammond drives 10 minutes to a Baptist church to access a supply of clean drinking water.

She and others suspect those contaminants leaked into Juliette’s groundwater from a nearby disposal site at Plant Scherer, the largest coal-fired plant in the Western Hemisphere. The disposal site, less than a mile from Hammond’s house, holds nearly 16 million tons worth of coal ash in an unlined pond.

“They need to get the coal ash out of the drinking water,” Hammond said.

In early 2019, Chuck Mueller, GEPD’s top waste official, was grappling with a pivotal question that would impact thousands of Georgians for decades to come: How much of Georgia Power’s coal ash could legally remain buried in a pond without a protective liner? The utility had proposed disposing of 48 million tons — roughly half of its existing coal ash — that way. Mueller asked employees of his branch to figure out the answer.

After draining water from the ponds where ash is stored, Georgia Power is required to move the resulting dry ash into a landfill with a liner designed to prevent groundwater contamination — unless it can meet a set of requirements to leave the waste buried in an unlined disposal site.

The federal rule, which was enacted in 2015, allows utilities to bury the waste in an unlined ash pond only if they “control, minimize, or eliminate” water from coming into contact with the buried waste “to the maximum extent feasible.” Stan Meiburg, a former EPA acting deputy administrator, says the rule is important because allowing water to mix with coal ash can lead to toxic heavy metals found in the waste migrating beyond the disposal site.

State regulators tasked with answering Mueller’s question read through dense Georgia Power filings and concluded that ash ponds at Plant Scherer, along with those at four other sites — Plants Hammond, McDonough, Wansley and Yates — contained waste that is submerged in groundwater, which some experts and regulators believe violates the federal coal ash rule.

Those findings were sent to one of Mueller’s top aides, William Cook, who oversees the state’s solid waste management program. Cook regularly met in private with Georgia Power representatives to get progress reports on the closure of the company’s ash ponds. That spring, Georgia Power representatives argued that state regulators could narrowly interpret the definition of a single word — “infiltration” — in the federal coal ash rule. The company believed this interpretation would allow millions of tons of waste to be left submerged in groundwater.

Georgia Power hoped to store coal ash in a way that only prevented water — such as rain falling from the sky — from seeping through a cover over the dry ash. They hoped regulators would disregard the presence of any groundwater that would soak the dry ash and potentially carry its heavy metals toward drinking wells.

Georgia Power representatives “believe that EPA would have written it in” if they wanted specific kinds of infiltration removed, Cook scribbled in his legal pad.

When Georgia Power representatives referenced an EPA document key to their understanding of “infiltration,” Cook asked his colleagues to review the document — which is 1,237 pages. They struggled to reconcile the case Georgia Power was making with the text of the regulation itself. John Sayer, head of environmental monitoring for the solid waste program, emailed his wife, an issues manager at the Centers for Disease Control and Prevention, for advice on the meaning of the word “infiltration,” which he wrote had caused “contention” in this context.

Eventually, Sayer emailed a colleague that he’d found a federal report that noted “groundwater would qualify as infiltration.” But Georgia Power kept pressing GEPD officials to narrow its definition of infiltration to only include rainwater falling from the sky. After months of research by Sayer and other state employees, Mueller was left to make the decision.

Later that summer, Chris Bowers, a senior attorney with the Southern Environmental Law Center, sent Mueller a report that highlighted the flaws in Georgia Power’s plans. As part of the SELC report, a veteran hydrogeologist named Mark Hutson analyzed the plans for ash ponds at the five plants where waste was below the water table. Huston concluded those plans “will not control, minimize, or eliminate” water from coming into contact with the dry ash.

At a subsequent meeting with GEPD, Bowers shared another state’s approach to the meaning of infiltration. Duke Energy Indiana had asked state regulators to let the company bury coal ash in an unlined pond in the southwest part of that state. When state regulators realized Duke Energy Indiana had not described how it would comply with federal guidelines to prevent groundwater from wetting the dry waste, regulators told the company they would only approve the plan if the company could stop infiltration “from any direction.” (Duke Energy Indiana later responded that removing the ash could cause a “very high safety risk” at the site. State regulators ultimately allowed some coal ash to remain buried there, so long as the company took steps to minimize groundwater from soaking the waste.)

Environmental regulators in other states such as North Carolina have forced utilities to scrap plans that didn’t comply with this portion of the coal ash rule. But Georgia Power, as well another power company in Ohio, pushed ahead with their controversial plans. The financial stakes were high. At Plant Scherer alone, installing a liner could cost $1 billion, according to one state official.

“Georgia Power wanted to rewrite the rule to say there’s a limitation it doesn’t have,” said Frank Holleman, a senior attorney with SELC. “It’s a preposterous proposal.”

One of Bowers’ clients, an environmental group called the Altamaha Riverkeeper, was grappling with this very issue in Juliette. The group soon discovered that water in the wells of Hammond and dozens of other Juliette residents contained concerning levels of contaminants found in coal ash. The group was worried that groundwater might be moving from the coal ash pond toward residents’ wells.

Fletcher Sams of the Altamaha Riverkeeper samples water near Plant Scherer for contaminant testing. (Max Blau/ProPublica)

After the test results were publicized, Fletcher Sams, head of the Altamaha Riverkeeper, attended a closed-door meeting in February 2020 with several Juliette residents, local officials, state lawmakers and Georgia Power lobbyists. (ProPublica and Georgia Health News described parts of the meeting in a story last year.) The environmental advocate told attendees that his samples had revealed concerning levels of boron, calcium and sulfate — all indicators of coal ash. There was also evidence of a contaminant researchers had linked to cancer, hexavalent chromium, which had previously been discovered in some California drinking wells by environmental advocate Erin Brockovich. Georgia Power has acknowledged the presence of boron, calcium and sulfate but said that the hexavalent chromium is “naturally occurring.”

Sams, along with the Juliette residents, hoped Georgia Power would excavate Plant Scherer’s coal ash and put it in a lined landfill. But Aaron Mitchell, one of the utility’s top environmental lobbyists, insisted the company’s plan complied with environmental standards. However, after being peppered with questions by Sams, Mitchell acknowledged that the coal ash would still be submerged in groundwater if its plan to bury the waste was approved by state regulators.

Hearing that, Sams turned to the lone state regulator in the room, Chuck Mueller. He asked Mueller if Georgia Power’s plans to let water come into contact with dry ash met the state’s environmental standards.

“It’s allowed by the rules,” Mueller replied.

Shortly after Joe Biden was elected president, he chose a new EPA administrator with deep knowledge about the perils of coal ash. Michael Regan was the head of the environmental agency in North Carolina, a state that had seen one of the nation’s worst coal ash disasters in 2014, when a ruptured pipe sent 39,000 tons of coal ash pouring into the Dan River. Six years later, Regan convinced the state’s largest utility to excavate coal ash from its unlined ponds, which was done in order to protect residents from possible groundwater contamination.

Following Regan’s confirmation, environmental advocates urged federal officials to address the language in the coal ash rule that Georgia Power had tried to exploit. GEPD pushed ahead with the narrower definition of infiltration.

In June 2021, three months after Georgia Health News and ProPublica’s investigation into Georgia Power’s coal ash handling practices in Juliette, EPA officials met with GEPD to discuss the issue of infiltration. According to records obtained by ProPublica, state regulators said that Georgia Power could leave waste below the water table because the company had placed monitoring wells around the edge of those ash ponds to detect if heavy metals were migrating toward nearby residents’ homes.

The following month, GEPD began the process of issuing permits for unlined ponds where ash would remain submerged in groundwater. State regulators issued a draft permit for the first of these sites, one of Plant Hammond’s ash ponds, a step that then allowed the public to comment on the closure plan. Chambers, the GEPD spokesperson, said that the agency used “the commonly accepted meaning of ‘infiltration’” — and determined that Georgia Power’s proposal was “allowable under the rule.”

Last week, the EPA rejected the premise that groundwater legally could remain in contact with the dry ash — a statement that will likely impact Georgia Power’s closure plans at Scherer and four other plant sites. In its letter to GEPD, the EPA urged the state regulators to review the reasons why the federal agency intended to deny a plan to bury waste at southeast Ohio’s General James M. Gavin Power Plant, one of the largest power stations in the country. In that proposed decision, the EPA noted that the plant operators had failed to demonstrate how their closure plan would prevent infiltration.

The EPA’s filing notes that “infiltration” explicitly means “any liquid passing into or through” the coal ash pond “from any direction, including the top, sides, and bottom of the unit.” To Sams, the EPA’s announcement means that Georgia Power and GEPD cannot move forward with an “incorrect interpretation” of the country’s coal ash regulation. The EPA “restated in bold-crayon-block letters what we’ve been saying: You can’t store this waste full of toxic metals in groundwater,” Sams said.

Meiburg, the former EPA deputy administrator, said utilities could still challenge the agency’s clarification on the concept of infiltration because it did not go through the full rule-making process. But if GEPD ultimately approves permits that are less protective than what the federal regulation requires, the EPA has the power to strip Georgia of its ability to issue permits, according to Evans, the Earthjustice attorney.

Gloria Hammond, for her part, sees the EPA’s announcement as an important first step toward someday restoring the quality of Juliette’s groundwater. In the coming months, GEPD is expected to make a decision about Georgia Power’s permit at Plant Scherer. After feeling long ignored by environmental regulators, she hopes that GEPD requires Georgia Power to remove the ash from Juliette’s aquifer for good.

“I’m praying Georgia will take that into consideration,” Hammond said. “I hope they follow the EPA.”

by Max Blau

They Promised Quick and Easy PPP Loans. Often, They Only Delivered Hassle and Heartache.

2 years 10 months ago

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In May 2021, Terry Kilcrease thought he saw a lifeline. He was out of work, living in a hotel in Lewisville, Texas, when he ran across a promising ad on Facebook. People who worked for themselves, it said, could still get loans from the government’s then-13-month-old pandemic Paycheck Protection Program.

Kilcrease had just started selling credit card processing systems to small businesses in early 2020 before the pandemic killed much of the need for cash registers. He hadn’t thought he was eligible for the $800 billion program. But the ad, posted by a company called Blueacorn, convinced him it was worth a try.

“We’ve created a 60-second quiz that can tell you if you qualify and how much you can get,” one ad promised. So Kilcrease registered on the Blueacorn site and answered a few basic questions about his business.

“With a few clicks of a mouse, I had applied,” Kilcrease said. It was so quick, he doesn’t recall many details. Blueacorn checked for all required documents before passing along Kilcrease’s approved application to a lender, Prestamos.

Soon after, Kilcrease received loan documents from the Small Business Administration saying he'd been approved for a $4,790 forgivable loan, which he signed electronically and returned. The money would arrive in his bank account within ten business days, Blueacorn estimated.

Kilcrease was relieved.

“It was everything I needed to get going,” he said. “Just that little bitty bit.”

But the money never made it to Kilcrease. And it never appeared for hundreds of thousands of other applicants, either.

ProPublica has been tracking PPP loans since the government first posted millions of them in July 2020. We kept updating our interactive database as the SBA disclosed more loan information. When the last round of the PPP closed, in May 2021, we noticed something strange: The number of loans the government said it had made kept shrinking with every new release.

By the time the SBA posted its latest update in late November, about 575,000 loans had disappeared, subtracted from an original total of 11.8 million. Most of them came through non-bank online lenders or banks that worked with web platforms such as Blueacorn, which solicited and processed huge volumes of applications for small-dollar loans in the final months of the program.

When we checked with the SBA, they told us the total number of cancelled loans actually topped 1 million. A sizeable number of those were likely applied for by people who were attempting to defraud the program and didn’t make it through additional screening — it’s unclear how many, since the lenders we talked to declined to specify.

But plenty of would-be borrowers were acting in good faith. Scores of them wrote in to our tip lines, perplexed that they had been listed as loan recipients, since they had applied but never received any money.

Their situations sounded a lot like Kilcrease’s: a quick approval in spring 2021, followed by some kind of snafu, and then a monthslong runaround from companies like Blueacorn, eventually resulting in no money after the lender the companies worked with withdrew its initial approval.

The phenomenon prompted the law firm Bailey Glasser to file a pair of lawsuits late last year against Prestamos and another Blueacorn client called Capital Plus Financial on behalf of people who had similar experiences. Prestamos has denied wrongdoing, and Capital Plus Financial declined to comment on pending litigation except to say that the plaintiff was ineligible for a loan.

This game of pingpong was maddening for prospective borrowers who had been told money was on the way, whether they were eligible for the program or not. It was also a hassle for lenders, who never got paid for hundreds of thousands of loans they sent to the SBA (though they reaped billions for those that did get funded). And it likely could have been prevented if the SBA had required more screening on the front end, before approving loans in the first place.

SBA spokesperson Christalyn Solomon said that the agency delegated that responsibility to lenders, which acted as “agents of the government to approve and disburse loans.” The SBA then assigned each loan a number, which confirmed that the government would guarantee it.

“Loans were removed for the FOIA Public Data Set because they were canceled by the lender,” Solomon wrote in an email. Several hundred thousand loans were also approved and then canceled before the SBA started publishing data on loans worth less than $150,000 in December 2020.

Blueacorn said it worked hard to reach as many self-employed people as possible, but wasn’t able to quickly obtain some information that would have been helpful in filtering out ineligible applicants. Prestamos, the lender to which Blueacorn submitted Kilcrease’s application, declined to comment on individual borrowers, citing confidentiality guidelines. But Prestamos said that a majority of its approximately 50,000 canceled loans resulted from borrowers not signing their loan documents.

Kilcrease’s bank rejected his PPP loan deposit in early June, yet Blueacorn continued to assure him the money was coming. “Don’t worry, your funds are secure and you will be funded soon,” a Blueacorn support worker wrote in a July message. “Both management and engineering are working on a solution as we speak.”

Kilcrease’s correspondence with Blueacorn after his bank rejected his PPP deposit. (Courtesy of Terry Kilcrease)

For weeks, not much happened. In August, Kilcrease got through to someone at Prestamos, the lender Blueacorn was working for. She asked for his 2020 tax return, which documented $5,600 in gross income. Then, e-mails show, she told Kilcrease he had provided conflicting numbers to Blueacorn and to the IRS, and his application would be formally denied.

Kilcrease said that he might have been confused about what information Blueacorn was initially asking for when he clicked a few buttons to apply back in May. But then why would they have approved him in the first place, and put him through months of hope, frustration and disappointment?

“They saw a whole lot of profit in people like me, sole proprietors,” said Kilcrease, citing the fee that lenders received for successfully funding small PPP loans. “They were given a hope, and it was just dashed, with no remorse and no recourse for anybody.”

The first round of the PPP, which kicked off in April 2020, mostly went to the largest small businesses. Clogged by applications from companies big enough to have bankers and accountants, the $349 billion fund was exhausted within weeks.

Realizing the need among actual mom-and-pops, Congress authorized another $320 billion in June 2020. That round reached millions more main-street-type companies: coffee shops, hair salons, restaurants, real estate agents.

By winter, the coronavirus recession was still hammering people who’d missed out on earlier rounds. Congress authorized the lending of unused funds and added more, while the incoming Biden administration tailored the rules to help sole proprietorships and independent contractors.

That’s when financial technology companies — user-friendly websites with automated application platforms that often partner with lenders to supply loans — saw a big opportunity.

In the earlier stages of the PPP, banks mostly served existing customers that already had documents on file, making it easy to process their government-backed loans. But as Congress pushed to include businesses on the fringes of the financial system, lenders had to deal with huge numbers of applicants they’d never assessed before.

They often outsourced that task to websites — we’ll call them loan processors — that marketed PPP loans to the self-employed and other small businesses and performed the basic checks required by the SBA. The SBA paid a fee for each funded loan to the lender, which in turn gave a cut to the processor for finding and vetting a borrower.

December’s stimulus package boosted fees up to $2,500 or 50% of small loans, whichever was less. Loan processors, which utilized aggressive social media outreach to people who had had any kind of self-employment income before Feb. 15, 2020, churned through millions of loan applications quickly.

In an effort to keep barriers to entry low, the SBA required very little verification on the front end. Once an application was approved and assigned an SBA loan number, borrowers were forbidden from applying elsewhere. So loan processors had every reason to lock them in quickly, with few anti-fraud measures, said independent fintech analyst Jason Mikula — even if it meant dealing with verification questions later on.

“At the end of the day, if they end up rejecting someone for being suspicious, they’re actually losing money,” said Mikula, noting that building automated fraud models takes time and money, even under normal circumstances. “There were no incentives in place to encourage these companies to be particularly careful about how they went about funding these things.”

An arms race followed. Fintechs competed for the self-employed, advertising their easy routes to quick, forgivable cash; some said they employed rigorous verification tools following SBA approval. But Blueacorn was the one that got really lucky.

By May 2021, the Biden administration had changed the rules again to prioritize loans made by community development financial institutions, which have access to special funding from the Treasury Department to support underserved populations. Blueacorn, which launched in Phoenix in 2020, happened to partner with two of them: Prestamos CDFI, an arm of the nonprofit service group Chicanos Por La Causa, and Capital Plus Financial, the CDFI subsidiary of a larger holding company called Crossroads Systems.

Those relationships allowed Blueacorn to keep lending through the end of the PPP on May 31, while other lenders were locked out.

By the end, the two CDFIs appeared to have processed more than $15 billion in loans to 955,000 small businesses, nearly all with Blueacorn. Blueacorn declined to detail its fee split arrangement with banks and other vendors. But Crossroads Systems said in an earnings report that it had made approximately $930 million on the program, $606 million of which went to its loan processors. (Crossroads also paid out a $40 per share special dividend as a result of what it called the “windfall” fee income, while keeping $120 million to reinvest in lower-income communities.)

Fintechs have positioned themselves as champions of the little guy, reaching truck drivers and dog walkers, especially people of color, who’d been overlooked by the big banks.

The companies’ promises to get money to thousands of independent workers from underserved communities is broadly true — but also somewhat overblown.

In May, June, and July, about 285,000 loans disappeared from the SBA’s loan database. The companies that originally processed the loans told ProPublica there were a number of reasons why so many ended up canceled after having been approved by the SBA. Some appear to have been held up by borrower errors and second thoughts, but many cancellations were the result of the SBA’s loose requirements for pre-approval screening.

One of the largest sources of canceled loans was Biz2Credit, an online lender founded in 2007, which withdrew about 115,000 loans after approving an original total of more than 300,000. A representative of the company, crisis communications consultant Michael Sitrick, said that the company employed “detailed underwriting protocols” after submitting the loans to the SBA. Canceled loans, he said, resulted from a combination of applications determined to be fraudulent after further checks, people who didn’t respond to additional requests for documentation and people who voluntarily withdrew their applications.

“Lenders were required to stop fraud whenever they found it,” Sitrick wrote in an email. “Given the sophistication of widely available document forgeries and other enterprise fraud, it was virtually impossible to detect fraud only by reviewing select documents prior to submission to the SBA.”

The pile of canceled loans also included about 30,000 made by an entity newly created by the lender Fountainhead, which prior to the pandemic had specialized in SBA-backed loans. Still, they had thousands of borrowers who didn’t sign their loan documents and inexplicable cancellations by the SBA itself after the agency had approved loans and banks had paid out the money.

“On occasion it would say ‘duplicate tax ID discovered,’” said Fountainhead’s chief operating officer, Michael Bland, referring to the SBA. “OK, well, what was your screening on the front end for? You went through your process and approved it, we closed it, I don’t know why that might be an issue now.”

Last month, Blueacorn lending partner Crossroads Systems agreed to purchase Fountainhead for an undisclosed amount.

When the SBA posted its most recent database update the day before Thanksgiving, it had dropped another 294,000 loans. About 140,000 of them belonged to the two CDFIs that had primarily worked with Blueacorn, Prestamos and Capital Plus, which accelerated their business in the three weeks after the program closed to regular lenders. In May alone, they approved at least 458,300 loans.

At the peak of the program, Blueacorn said, it had 300 people in the Phoenix area reviewing a deluge of loan applications. A quick scan of each one would usually lead to a quick signoff by the SBA.

But sometimes, between approval and funding, Blueacorn would find flags of fraudulent activity like an improbable concentration of applicants with very similar paperwork in a small geographic area — hairdressers making more than $100,000 a year on the south side of Chicago, for example. The processor would ask those borrowers for more documentation, and if they failed to provide it, cancel the loans.

Blueacorn said that thousands of loans it had approved and attempted to fund, meanwhile, were rejected by banks where applicants had savings accounts. Some of the banks had run their own know-your-customer checks on the accounts and sent them back to the processor for additional verification. Others cut off fintech processors entirely if they seemed to be vectors for fraud, causing problems for those who were genuine.

“Towards the end of the program, the willingness of recipient banks to work with PPP lenders got worse by the minute,” said Barry Calhoun, Blueacorn’s CEO.

Eric Kinney is the senior vice president for risk at Oxygen, a banking platform for small businesses. He said he saw so many people attempting to move PPP money into offshore accounts or into cryptocurrency assets that he blocked loan proceeds from “four main PPP lenders.”

“There are a couple lenders who we’ve said no to, we’re not going to accept any more payments,” Kinney said, declining to name the companies. “A referral channel that has a high fraud rate on it, it’s our job as a company to monitor that and block certain situations.”

Loan processors would try to work with borrowers and their banks to provide the requested information. If that didn’t succeed, they had the option of putting the money on a debit card, but that required even more documentation from borrowers, resulting in an outpouring of angry posts on internet message boards like Trustpilot, the Better Business Bureau, Reddit and Facebook.

Now, borrowers who were approved but never received their money are plaintiffs in two lawsuits filed against Prestamos CDFI and Capital Plus Financial last October and December, saying that the failure to fund the loans constitutes a breach of contract. In a motion to dismiss, Prestamos said that the loan document created no obligation to actually fund the loan, and a spokesperson declined to comment further on the case. Capital Plus Financial hasn’t yet filed any responses, but told ProPublica that the sole named plaintiff had provided an “illegible” tax return that wasn’t signed, which is why the company decided to revoke his loan.

Blueacorn’s Calhoun said much of the hassle could have been avoided from the beginning had the SBA allowed lenders to access more documents that would ensure the borrower was legitimate. Creating a quick way for certified, regulated loan processors to pull an applicant’s tax records, for example, would have provided a hard check on who was eligible.

“A few adjustments would’ve gotten rid of a lot of the lazy fraud,” said Calhoun. “Because there was so much ambiguity, it encouraged a lot of people.”

This happened more smoothly in other countries where companies file federal taxes quarterly or even monthly, allowing the government to know their exact income without the need for lenders to request documentation that was sometimes difficult to verify. Instead, the SBA allowed applicants to file draft tax returns, which can easily be manipulated.

The whole experience left Terry Kilcrease feeling cynical.

“The big companies made out like fat cats, the lenders made out like fat cats, all these companies that already had plenty of money,” Kilcrease said. “The people like me who are struggling to get there were just completely forgotten about.”

Did Your Company Get Bailout Money? Are the Employees Benefiting From It?

Correction

Jan. 14, 2022: Correction: This story originally misstated the name of a lender that was responsible for 30,000 canceled loans. It was Fountainhead SBF, not Fountainhead Commercial Capital, which is a sister firm.

by Lydia DePillis and Derek Willis

Reps for Casino Developer Defend the Destruction of Nearly 600 Housing Units in Reno

2 years 10 months ago

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Representatives for a prominent casino developer this week defended his decision to raze nearly 600 housing units to redevelop part of Reno’s downtown into an entertainment district and floated his “vision” to contribute land for a publicly funded affordable housing project.

Many of the several hundred people at a virtual town hall Monday welcomed the idea of better affordable housing in the area but met the proposal by Jacobs Entertainment with skepticism. The idea floated by Jeff Jacobs, who has demolished 15 motels that were used as last resort housing, includes 850 “affordable and workforce housing units” built above public parking garages that would ostensibly provide parking for his nearby planned entertainment venues. Jacobs wouldn’t build the housing; rather, he would contribute land for a project to be built and operated by the Reno Housing Authority.

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Monday’s town hall followed a ProPublica investigation that found the city has failed to require that Jacobs replace the affordable housing he razed despite a critical shortage. The investigation also found the public has repeatedly been cut out of the decision-making process. Since 2016, Jacobs has bought more than 100 parcels in downtown Reno, clearing much of the land and leaving most of the lots vacant as he pitches ever-changing ideas for the area.

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Prior to the town hall, Jacobs held a briefing for reporters on his affordable housing idea but did not invite ProPublica and didn’t respond to the news organization’s request to attend. At that briefing, he criticized the town hall, organized at the urging of Reno City Council member Naomi Duerr, as a way for “a couple council people” to “let their supporters have a shot at us,” according to News 4-Fox 11. Duerr argued the public felt excluded from the process and deserved more participation.

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At the town hall, audience members grilled Jacobs’ representatives on the housing demolition and the lack of significant development so far on the land he has assembled. They also tried unsuccessfully to pin the developers down on their affordable housing proposal. In response to pointed questions from audience member Selena Kaffer, Jacobs’ lawyer Garrett Gordon said he could offer no timeline or other details for the housing concept because the company has yet to begin a “conversation” with public partners such as the city of Reno and the housing authority.

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“At this point it’s a vision, it’s a proposal,” Gordon said. “We have to work with numerous agencies to bring such a huge project to fruition. I don’t have a timetable for you tonight but certainly will in the coming months.”

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Kaffer countered: “So just to clarify where we are at, in the last five years 500 to 600 units have been demolished, and we don’t have a timeline for when 850 units of affordable housing will be rebuilt to replace those.”

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But Gordon said it’s wrong to think of the demolished motels as lost housing, given the state of disrepair of many of the units.

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“They really shouldn’t be considered housing units at all,” Gordon said. “It shouldn’t be slumlords who are providing our housing units for the most vulnerable in our community. It should be the Reno Housing Authority.”

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As of February, an estimated 2,550 people lived in Reno’s weekly motels, which have become de facto housing of last resort. While many are in poor condition, ProPublica found others that were well-managed and well-kept motels — some of which Jacobs has also tried to buy — that were a critical resource for those seeking shelter in the city’s difficult housing market. While Jacobs offered relocation assistance to people living in his motels, ProPublica found their lives were thrown into chaos and not everyone wound up in a better situation.

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Mayor Hillary Schieve and four council members attended the virtual town hall, but none sat on its panel to field questions or defend the lack of city policies to preserve affordable housing or deter housing demolition. According to the participant log, Schieve left the meeting after 21 minutes. Council members Neoma Jardon and Oscar Delgado did not log in, according to the document. Video of the meeting also streamed on YouTube and remains available online.

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Many in the audience clamored for more affordable housing as well as a stronger voice in what will eventually be built on the swath of Jacobs-owned land covering 15 square blocks of downtown.

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“This meeting should have happened before most of these places were demolished,” said Ilya Arbatman, who said he worked at a music store demolished by Jacobs. “A vision is something you have before you tear things down.”

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Jacobs has yet to detail a comprehensive plan for his land, some of which he intends to develop into event space, some of which he’s marketing to other developers for market-rate housing, hotels and other unspecified uses.

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“He’s moving forward strategically, methodically,” Gordon said during the meeting, noting potential plans for an amphitheater and zip line.

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ProPublica asked the Reno Housing Authority about the viability of Jacobs’ concept for 850 affordable housing units. The authority owns and manages nearly 1,300 affordable housing units and has developed several projects smaller than the one Jacobs would like to see.

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“With scarce availability of developable parcels, the RHA is interested any time a local developer would like to pursue housing in the Truckee Meadows, especially when they’re willing to offer land,” said RHA spokesperson April Conway. “Any increase in the numbers of rental units takes a little pressure off of the available housing apartments.”

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Conway said the authority couldn’t provide a time frame or a cost estimate for the idea.

“Any costs associated with a housing project needs a feasibility study done first, and with rising costs everywhere, it wouldn’t be prudent to make even a ballpark guess at this point,” she said.

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The authority recently completed its first housing project in two decades, a 44-unit senior housing complex that cost $13 million. Even with a $1.5 million donation from Jacobs, the authority struggled to finance the project.

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“There would be many resources needed for a project like this,” Conway said of Jacobs’ idea. “But funding would be first and foremost.”

If the idea did come to fruition, the number of units would dwarf the 326 units built in Reno in the past six years.

by Anjeanette Damon

Senate Finance Chair to Billionaire Developers: Explain How Opportunity Zone Tax Break Is Helping the Poor

2 years 10 months ago

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The chair of the Senate Finance Committee is demanding information from several billionaire developers to determine whether they are abusing a Trump tax break that was supposed to benefit poor communities.

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Citing ProPublica’s reporting on the program, Sen. Ron Wyden, D-Ore., sent letters today to Jorge Perez of Related Group, Kushner Companies and several other developers asking for details on how they are taking advantage of what’s known as the opportunity zone program.

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The program, created in President Donald Trump’s 2017 tax overhaul, provides a series of tax breaks for making investments in swaths of specially designated land around the country. The program’s bipartisan advocates contended the program would funnel money into disadvantaged neighborhoods that were otherwise starved for investment.

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Under the program, investors receive tax advantages. Chief among them is that any gains on projects in the zones are tax-free after a number of years.

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But ProPublica and other news outlets found that investments often went to develop projects that benefit the affluent. In a series of stories in 2019, ProPublica reported that developers around the country had successfully lobbied to get favored tracts included in the opportunity zone program, at the expense of poorer areas. Several of those tracts were in well-off areas or were sites of long-planned projects that predated the tax break, suggesting that public subsidies could flow to projects that were going to happen regardless.

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Now Wyden is scrutinizing the tax benefit. “I have long been concerned that the Opportunity Zone program may permit wealthy investors another opportunity to avoid billions of dollars in taxes without meaningfully benefitting the distressed communities the program was intended to help,” Wyden wrote in the letter.

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Wyden’s letter zeroed in on one of the projects highlighted by ProPublica: an opportunity zone in West Palm Beach, Florida, that contains a superyacht marina owned by a major Republican political donor.

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“It appears that the Opportunity Zone program is already helping subsidize luxury real estate development by wealthy developers, and in many cases will allow these investors to realize the gains on their investments completely tax-free,” Wyden wrote. “Among the investments that have reportedly qualified for these generous tax breaks, are projects that include luxury apartment buildings and hotels, high-end office towers, self-storage facilities and a ‘superyacht marina.’”

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In his letter to Perez, head of a company developing the luxury condo project in the West Palm Beach zone, Wyden requested information on when the project was conceived; details of any lobbying of public officials on the opportunity zone issue; and numbers on job creation and tax benefits associated with the project.

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Asked for a response back in 2019, the West Palm Beach developers said they were not motivated to seek the tax break for their own benefit and hoped to spur additional economic development for the surrounding area.

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Wyden’s letters are designed to fill in details about how the program is unfolding. While some have called for its outright abolition, even supporters of the opportunity zone program have decried the lack of any reporting requirements that might allow experts to measure whether the tax breaks are achieving their stated goals.

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In 2019, Wyden introduced legislation that would increase reporting requirements for opportunity zone investors and curtail the kinds of projects that would qualify for tax breaks under the program. The legislation would also remove areas that were originally designated as opportunity zones that weren’t actually poor, including well-off areas of Detroit and Baltimore that ProPublica reported on that year.

by Justin Elliott and Jeff Ernsthausen

Child Porn Probe of Billionaire Businessman Denny Sanford Continues at State and Federal Level, Court Records Show

2 years 10 months ago
]

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Federal and state authorities are still actively investigating billionaire T. Denny Sanford for possession of child pornography, according to new court records.

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In 2020, ProPublica first reported that South Dakota authorities had started investigating the state’s richest man and had referred the matter to the U.S. Department of Justice. But it was not clear what the DOJ did with the referral or whether state investigators were still pursuing the case.

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Now, in a new affidavit, the special agent in charge of the case for South Dakota’s Division of Criminal Investigation, Jeff Kollars, said that the probe remains open and that it included briefings as recently as Dec. 16 with “at least one jurisdiction.”

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The affidavit does not specify the other jurisdiction. But in a separate filing on Monday, South Dakota Attorney General Jason Ravnsborg confirmed that both state and federal probes are active. “The investigation by state and federal authorities is ongoing,” Ravnsborg said in the court filing.

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Sanford’s attorney did not respond to a request seeking comment. A spokesperson for the DOJ declined to comment.

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The investigation of Sanford started because of a tip from the National Center for Missing & Exploited Children, the court records show. The center is a private nonprofit that operates a tip line for people and companies to report images of suspected child sex trafficking and abuse. The organization’s staff reviews the tips and refers them to law enforcement. A spokesperson for the organization declined to comment.

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Investigators obtained five search warrants in 2019 and 2020 for Sanford’s email, phone and internet data. The documents do not specify what, if anything, investigators found in the searches.

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ProPublica won access to the search warrants after more than a year of litigation that reached the state’s highest court. Sanford unsuccessfully asked the courts to conceal the search warrants, which are supposed to be publicly accessible under state law, and to block ProPublica’s reporting.

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The warrants name Sanford “in the matter of possession and distribution of child pornography” and indicate that investigators and a judge concluded there was probable cause to believe that the data would contain evidence of a crime. The affidavits describing the basis for probable cause were not disclosed. The new court records were filed in response to ProPublica’s request to unseal the affidavits.

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Sanford’s attorney, Marty Jackley, has previously declined to address Sanford’s conduct except to say the billionaire hasn’t been charged. In his latest filing, though, Jackley offered a new explanation: that Sanford’s email account was hacked and being used by someone else. The filing included examples of messages typical of email scams asking contacts to send money overseas, spanning 2016 to 2019. The filing described the emails as “exonerating evidence.”

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Jackley was the state’s previous attorney general and is currently running for the office again. Jackley did not comment on how he would handle the case if he were to win the election for attorney general.

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Sanford, 86, made his fortune from First Premier Bank and Premier Bankcard, a major issuer of high-interest credit cards for high-risk borrowers. He is one of the country’s biggest philanthropists, focusing on children’s organizations.

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After ProPublica reported the existence of the child pornography investigation in 2020, some beneficiaries of Sanford’s charity initally distanced themselves. Others did not. South Dakota’s major hospital system still bears his name and accepted more than $650 million from him in 2021. The state’s governor, Kristi Noem, also accepted $100 million in scholarship funds from Sanford and his companies in 2021.

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Do you have information about the Denny Sanford case that should be public? Contact Isaac Arnsdorf at isaac@propublica.org or 203-464-1409.

by Isaac Arnsdorf and Robert Faturechi

The Nonprofit College That Spends More on Marketing Than Financial Aid

2 years 10 months ago
]

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This article was co-published with the Detroit Free Press.

Baker College sells itself as a place where students thrive and lives are transformed: “a haven for those who dream big.”

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From humble beginnings as a small business school in Flint, Baker rose to become the largest private college in Michigan, forging a presence in online learning and in Michigan towns where many students thought a college degree was beyond their grasp. For decades, the school’s marketing touted low costs and employment rates of nearly 100% for job-seeking graduates — making the dream seem both affordable and achievable.

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But for many the Baker reality is neither, an investigation by the Detroit Free Press and ProPublica found.

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What the college’s ads don’t say is that less than one-quarter of its students graduate — far below the national average for private four-year schools, according to federal data. Baker has the third-lowest graduation rate among 26 private four-year schools in Michigan.

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The ads also don’t point out that 70% of Baker students who took out federal student loans have problems making payments two years after leaving college. An exceptionally large number of former Baker students with loans have filed claims with the federal government that they were defrauded or misled by the college.

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Nor is there mention of the Baker students who find themselves struggling long-term after leaving the school. Ten years after enrolling, according to federal data, fewer than half of former Baker students made more than $28,000 a year, the lowest rate among schools of its kind in the state.

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All this has occurred under the watch of a college oversight structure with unusually close ties to Baker’s leadership, the Free Press and ProPublica found. The joint investigation relied on public records, internal reports and more than 50 interviews, including with current and former students, faculty and employees.

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The president of the college, records show, serves on its Board of Trustees, which is supposed to provide a check on the decisions of the school administration. And a retired Baker president served as chair of that board until very recently — at the same time being paid more than a million dollars from the college for five years of part-time work.

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Education experts caution nonprofits against compensating board members, saying it can lead to decisions that are not in the best interest of students or the college.

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“I’ve never seen the president of an institution become the chairman of the board after he retires,” said James Finkelstein, a professor emeritus of public policy at George Mason University who has studied higher education finances for decades. “It certainly is not doing best practices by any stretch of the imagination.”

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The new board chair is another longtime Baker executive who previously served as the institution’s top academic officer and a campus president.

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Some former students have no regrets about their time at Baker; they’re grateful for a teacher or adviser who came through for them when they needed it. “I think it is a great place for adult learners to engage,” said Jules Tarrant, who earned degrees from both Baker’s Flint campus and its online program. Thanks to a scholarship, the school helped her transition from a tumultuous home life. She now lives in Northern Virginia and manages a grocery store. “My friends and family can’t believe how successful I’ve been,” she said.

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But others express frustration after seeing what was supposed to be a life-enhancing experience become a lifelong financial burden. They describe confusion about shifting academic requirements and a lack of career counseling. Or dismay about not getting their degrees. Sometimes, it’s pure anger.

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After graduating from high school in 2013, Daniel Church pursued an ambitious bachelor’s/master’s degree program in computer technology at Baker but said the department began to lose faculty and fell into disarray. Intent on sticking it out, he took out loans to stay in school and navigated unexpected graduation requirements. Then, after six years, he gave up in defeat.

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Today, Church drives a truck cross-country, with the hope that someday he can erase more than $30,000 he said he borrowed for a degree he never received.

“I will never get that time in my life back,” he said.

Former Baker College student Daniel Church in Lapeer, Michigan (Ryan Garza/Detroit Free Press)

Baker officials, in response to questions, traced the school’s low graduation rate to its open enrollment policy of accepting virtually any applicant with a high school degree or GED. They also said the college is not allowed to restrict student borrowing.

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In a statement to reporters, Baker emphasized a continuing commitment to improving student outcomes and reducing student loan debt, though it did not provide specifics. It did not comment for this story on the students or the experiences they described.

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Bart Daig, Baker’s president and chief executive, talked to reporters last summer before declining additional interviews. He said he believes Baker’s marketing efforts — costing $9.7 million in the 2019-20 school year, more than the college spent on financial aid — are necessary because its breadth of educational opportunities are not well-known.

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“We’ve been extremely modest over the years,” he said.

Baker Spends More on Marketing Than Student Aid

In the 2019-20 school year, Baker College’s marketing spending outstripped what it devoted to financial aid.

Source: Audited financial statements. (Note: Table includes all private nonprofit four-year Michigan colleges and universities, excluding seminaries and specialty schools such as business or art-only programs. Data for some schools was not available.)

In 2019, Chief Operating Officer Jacqui Spicer gave a rare response to critiques of Baker when residents in Ferndale, outside Detroit, pushed back against the college’s plan to move its main campus there. Some complained at public meetings about Baker’s academic reputation and called the school predatory.

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“Being predatory, I don’t think that’s the way in which we operate,” Spicer told a reporter at the time, adding: “We always put our students first, and I think it’s just disappointing people think that we’re predatory, because we really do have the students — they’re top of mind for us.”

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Baker began as a for-profit school in 1911 but became a nonprofit in 1977, then entered a period of rapid growth. Since the recession, however, enrollment has been in a tailspin.

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Competition in the online education market contributed to the erosion, as did its own decisions to close campuses, including those in historically industrial communities like Flint and Allen Park, while eliminating most certificate and associate degree programs. It is now Michigan’s second-largest four-year private college by enrollment, after Davenport University.

The school’s search for a new campus signaled a major pivot, with Baker trying to appeal to more traditional students, especially those seeking bachelor’s degrees right out of high school.

After failing in Ferndale, Baker found a warmer welcome in Royal Oak, a well-off Detroit suburb, where it is building a $51 million flagship campus scheduled to open later this year. The marketing strikes a familiar theme of hope, tailored to a new audience. A YouTube ad highlights sophisticated labs and experienced instructors, along with disc golf, live music and sushi.

“Your path to your dream career begins at Baker College,” the ad declares.

Construction crews work on building a new Baker College building along South Lafayette Avenue in downtown Royal Oak, Michigan, on Nov. 1. (Ryan Garza/Detroit Free Press) Student Debt

Baker has long made affordability its selling point. Full-time undergraduate tuition is around $11,000 a year, cheaper than most of the state’s other private colleges.

That makes Baker “quite attractive for students who are concerned over the cost of college,” Daig said. One glossy ad champions a “quality education minus the long-term financial sacrifice.”

But most Baker students are low-income or the first in their families to attend college. They often turn to federal and private loans to pay a large chunk of their costs.

“We can’t stop them from taking a federal loan, which — it is not within our authority,” Daig said. “We can strongly encourage them not to do it, and we can package them with that institutional aid so they don’t need it. But a lot of times, they took it.”

Several students interviewed for this story portrayed their interactions with the school differently, saying Baker officials didn’t urge caution.

Bart Bechtel said he took out more than $40,000 in student loans while pursuing an online associate degree, with encouragement from Baker — even though the amount surpassed what he needed for tuition.

Financial aid officers, he recalled, told him he was eligible, so he might as well take advantage of the full amount. He said they talked about how he might need money for family expenses, his son and Christmas presents.

“We were going through a lot at the time with our son getting diagnosed as autistic, and Baker was very quick to suggest more and more financial aid to pay for things,” Bechtel said, referring to student loans. “So we became sort of dependent on them for that.

“It was not a good time or situation, and I feel like they took advantage of that.”

Bart Bechtel (Mary F. Calvert, special to ProPublica)

Dan Nowaczyk, who graduated from Baker’s Flint campus in 2016, recalled students talking about the extra spending money they could get from loans.

Once, he said, some students were talking about aid disbursement and one asked the others: “How much money did you guys get back?”

Nowaczyk recalled saying that he took out only enough money for classes and books. When the student said he came away with more than $10,000 beyond that, Nowaczyk said he felt obligated to tell him these were loans that had to be paid back — because the student didn’t seem to know.

“The financial aid department was not very good at explaining student loans,” he said.

Nowaczyk finished with a bachelor’s degree in information system security and $60,000 in debt, “less than I was expecting, so I’m not too upset,” he said. He now works at Kettering University in Flint as head coach of esports.

Jacqueline Tessmer, who taught digital media at Baker’s Auburn Hills campus for 14 years, saw the Baker experience backfire for low-income students who weren’t prepared for college. (Tessmer’s relationship with the school ended with a settlement after she filed a lawsuit for breach of contract and retaliation; in a countersuit, Baker disputed her claims.)

“Anybody got in,” she said. “If they could get financial aid, and they had a pulse, you could become a Baker student.”

But getting in was no guarantee of success, she said, and retention was a constant problem in her program. Students, she said, “were promised a better life but ended up with debt and no degree and no job in their chosen field.”

She added: “Baker College has ruined a lot of people’s lives.”

Low Earnings for Baker College Students

A decade after enrolling, fewer than half of Baker College students make more than $28,000 a year.

Source: U.S. Department of Education data, updated August 2021. (Note: Table includes all private nonprofit four-year Michigan colleges and universities, excluding seminaries and specialty schools such as business or art-only programs. Data for Hillsdale College was not available.)

In its response to questions from the Free Press/ProPublica, Baker said financial aid award letters and loan request forms list each student’s maximum eligibility for federal loans, as regulations require, as well as “the reduced amount recommended to cover their institutional charges. This was done to reduce over-borrowing.” The college also provides students with aggregate loan totals and estimated monthly payments.

Baker also noted that if students took out private loans, these were disbursed without the college’s “awareness or involvement.”

If students don’t repay federal loans after leaving Baker, the government can garnish their wages, tax refunds and Social Security benefits. It can also hire collection agencies and file lawsuits to pursue payment. Unlike other forms of debt, federal student loans are extremely difficult to discharge in bankruptcy.

For Baker, the loans pose no risk or obligation. In fact, they provide a steady source of government-guaranteed revenue.

About 51% of Baker’s tuition revenue comes from federal student loans. Add in Pell Grants given to low-income students, which don’t have to be paid back, and about 72% of Baker’s tuition is backed by taxpayers.

By comparison, in the years before it shut down following federal penalties for predatory practices, ITT Technical Institute, a for-profit college system, relied on federal funds for about 76% of its revenue. Studies by several researchers have concluded that having a large percentage of tuition money coming from federal funds can be an indicator of a predatory for-profit school.

Davenport University, which Baker officials say is similar to their school, isn’t as reliant on public coffers. Only about 37% of Davenport’s tuition comes from federal loans. Including Pell Grants, about 49% of its tuition comes from the federal government.

Most nonprofit schools fundraise, seeking donations from successful alumni and others to reduce dependence on student debt. Not Baker. Its website states that “tuition is our sole source of income” — it doesn’t solicit donations.

Student reliance on loans can also be reduced through generous financial aid, often supported by college endowments. And Baker, in fact, has a sizable one.

The Jewell Educational Fund, a nonprofit affiliated with Baker to help with financial aid and capital projects, has nearly $300 million in net assets. That gives Baker a wealthier endowment than Kalamazoo College in western Michigan, Seton Hall University or Gonzaga University.

But it hasn’t lessened the need for Baker students to go into debt, because Baker hasn’t aggressively spent the money on scholarships. Baker spends about 3% of the Jewell endowment earnings annually. Davenport, with an endowment of about $28 million, has a policy to spend 5% of its earnings each year.

In search of relief, former students can file claims with the U.S. Department of Education, saying they were misled when they borrowed the money. As of December 2020, according to data published by Yahoo Finance, of the 266 institutions with more than 100 “borrower defense” claims of deception, only five were nonprofits. The rest are for-profits and “covert for-profits,” where the moneymaking mission is clearer. “Covert for-profits” is a term that has been applied to colleges that very recently changed from for-profit to nonprofit, with little difference in how they actually operate. Among the five nonprofits that had a high number of claims, three are shuttered colleges, and one recently regained accreditation 20 years after losing it. The other is Baker.

Claims are not proof of wrongdoing, and Baker’s written response to reporters said the college has never been alerted to a successful application for borrower relief. Students file the claims under penalty of perjury. The Department of Education declined to answer questions about the claims against Baker, but it recently revived a borrower defense enforcement unit that had been dormant during the Trump administration.

Robert Niles, a former student with more than $83,000 in debt incurred while getting two associate degrees at Baker’s Cadillac campus, is preparing a borrower defense claim against the school.

He said he is citing Baker’s claims of 99% employment in the job market, which persuaded him to enroll because he believed it would give him his “best chance” at a better life. He will contend the training he received was insufficient for more than changing oil on cars.

For about three decades, Baker ads cited a “graduate employment rate” of nearly 100%. Its website, too, promoted this; it still claims “one of the highest available graduate employment rates in the country.”

When asked about the source for these numbers, Daig cited the National Association of Colleges and Employers. However, NACE said it does not evaluate individual institutions. It collects information that colleges self-report, often based on surveys. It would not comment on Baker’s claims. Baker’s public disclosure forms for certain programs say it calculates the employment rate using responses to a survey sent by the school to graduates.

It uses the same survey to estimate that its 2020 graduates with bachelor’s degrees make about $52,000 a year.

Niles first studied computer-aided drafting and design but said he couldn’t find a job in the field. Hoping to enhance his earning potential, he returned to Baker for training in automotive services. He graduated cum laude for both associate degrees.

But even with those credentials, he said, he earned just pennies more than what he had made previously as an auto mechanic intern. After graduating, he had to study on his own to obtain certifications for the skills he needed to make more. “It has nothing to do with any of those degrees,” Niles said.

One lesson from his time at Baker, he said, is this: “It’s just a business, you know. I mean, all Baker is is a business.”

Baker College’s campus in Owosso (Ryan Garza/Detroit Free Press) College Structure

College presidents sit at the top of a management flowchart, but they do not typically operate without oversight. Independent boards of trustees serve as a check on decision-making and a judge of performance.

On Saturday, for example, the University of Michigan Board of Regents fired President Mark Schlissel following an investigation they said showed an inappropriate relationship with a subordinate. Previously, the board questioned how Schlissel handled the pandemic and sexual misconduct scandals.

At Baker, Daig, the president, is actually a trustee, too. And the chair of the board through August was Daig’s predecessor as president, F. James Cummins.

Having ex-presidents as members of the board is a red flag, higher education experts said, because they are too closely tied to the operations of the college and their former colleagues.

“Essentially, this would make them their successor’s boss,” said Finkelstein, the higher education expert. “Regardless of whether they are being paid as a board chair, a university employee or just serving as a volunteer, this seems to be a unique situation and runs against virtually any principles of good governance.”

Baker did not answer repeated questions about whether Daig voted as a trustee. In its statements to reporters, Baker described its board as knowledgeable and involved, citing “constructive discourse and feedback.”

Meanwhile, the role of former president can be lucrative at Baker. In every tax filing by the college since Cummins retired in 2016 and joined the board, he has been one of the school’s most highly compensated individuals.

Cummins’ compensation for 2019-20 was $202,000 for a reported 22 hours of work a week. The tax filing said he played multiple roles, serving on the systemwide Board of Trustees and the Board of Regents, which provided guidance for branch campuses. Some state and federal filings also list him in a “secretary” position.

Ed Kurtz was 26 years old and Baker was still a for-profit school when it hired him as president in 1968. He led the school until 2002 and went on to serve about 13 years on Baker’s Board of Trustees, holding various titles, including chairman and vice-chairman.

During Kurtz’s time on the board — which overlapped with his two controversial stints as the state-appointed emergency financial manager of Flint — the college paid him more than $2.2 million for a reported 1 to 40 hours of work a week, for an average of about $170,000 a year.

Baker bylaws examined by reporters say that “no stated salary shall be paid to trustees, as such, for their services.” The bylaws do permit payment to a trustee who works for Baker College itself.

Former presidents have served as board chair since at least 1986, according to Cummins in a 2006 Flint Journal story.

Their leadership roles can stretch for decades. Robert Jewell, now 91, is a past president who owned Baker when it was a for-profit college. On documents, he was listed as a member of the Board of Regents of the Muskegon campus as recently as 2019. That year, the college paid him $10,450. Jewell could not be reached for comment.Baker said in its written responses that “Ed Kurtz and Jim Cummins received deferred compensation which was paid while serving on the board. Also, the Board Chair is an employee of Baker College.”

Demetri Morgan, assistant professor of higher education at Loyola University Chicago, said this type of arrangement is problematic.

“Board members are supposed to be free of any real or apparent conflicts of interests,” said Morgan, who studies how colleges are run. “Being a paid employee of Baker potentially impedes a board member from carrying out their fiduciary roles because the threat (perceived or real) of employment termination is more than enough to circumscribe one’s actions.”

Kurtz could not be reached for comment; Cummins declined to comment for this story.

Baker told ProPublica and the Free Press that as of Aug. 31 — three weeks after reporters asked questions about a possible conflict of interest — Cummins’ board tenure came to an end.

The new board chair is Denise Bannan, who retired in 2020 after 35 years as a top Baker executive. She has been provost, vice president for academics, president of the Owosso campus and Baker’s liaison to its accreditors. She made more than $300,000 in 2019-20, her last full year as an administrator, records show.

As for the other trustees, Baker doesn’t list them anywhere on its website or its student handbook — a potential problem for a student or anybody else who wants to contact the board with concerns about the way the college is run. When reporters asked who the current board members were, Baker declined to provide a list and instead recommended looking in the organization’s tax filings, which provide information for 2020 but nothing more recent.

Experts in higher education governance who reviewed Baker’s bylaws questioned whether any real checks and balances exist at Baker. “This is very atypical,” said Morgan.

So much so that when the Free Press/ProPublica asked Morgan to review Baker’s governance documents, he texted fellow researchers to see if they could think of any institution that was similar. They couldn’t.

Baker’s nonprofit status gives the college tax advantages, wider access to gifts and government aid and the ability to promote itself as having a public service mission.

But, George Mason’s Finkelstein said, “this looks more like a legacy structure for a for-profit enterprise. I have never seen a nonprofit college set up this way.”

Baker said its governance documents “have been and continue to be reviewed by accreditors, attorneys, accounting firms, etc. The articles of incorporations, bylaws, and governance structure are the result of professional advice designed to enable Baker College to fulfill its mission.”

The Higher Learning Commission, a private accreditation agency, found no flaws in oversight when it gave its most recent stamp of approval to Baker in 2020. “The Board operates independently,” it declared in its review.

The commission, which declined to comment for this story, based its conclusion on interviews and written documents, including the school’s bylaws. It also cited the minutes of trustee meetings, which describe the proceedings tersely.

The meetings reviewed by the commission occurred during a time of some of the most significant changes in Baker’s 111-year history, including the decision to close and sell campuses and build a new one. Votes on all matters were unanimous.

Baker’s Many Incarnations

Baker prides itself on a long history of pivoting quickly and changing with the times.

As it grew, it began issuing not only certificates, but associate, bachelor’s, master’s and doctoral degrees. It expanded by buying business schools and Bible colleges across the state, while also making inroads in new communities and then broadening further through online education. In recent years, it bought a California-based online law school that it’s bringing under the Baker brand.

In 1999, Forbes applauded the college’s online efforts and revenue gains. “Such growth is impressive given that it has been achieved despite a complete absence of state or federal funding — even any fund-raising,” the magazine wrote.

John Matonich, a former member of the Board of Regents for Baker’s Flint campus, said one thing he always admired was the school’s nimble approach. “They recognized things pretty quickly, and they made changes when they needed to,” said Matonich, a retired CEO of Rowe Professional Services, a civil engineering consulting company.

Driven in large part by a massive online program, Baker grew from just shy of 4,000 students in 2000 to about 26,000 in 2015, dwarfing other Michigan private colleges.

Then, as more schools entered the online marketplace and demographic shifts meant fewer high school graduates, enrollment dropped. It slid to about 6,000 students in 2020, according to federal data. Enrollment for 2021 has not yet been reported.

Fewer students means less money. The school brought in $96 million in tuition for the 2017-18 academic year, according to audited financial statements. Two years later, it was $55 million.

This coincided with dramatic changes.

Baker shut down its campuses in Flint, Allen Park and Clinton Township in 2020, and will soon close one in Auburn Hills. The Port Huron campus slashed operations two years earlier, while leaving open its culinary program there. Many campuses had received millions of dollars in recent renovations. Baker also closed extension campuses in rural communities.

A 2020 report delivered to accreditors affirmed that the school wanted to target “a more traditional student market that is academically prepared to succeed at the college level.”

Spicer told the Free Press in 2019: “We recognized that our business model wasn’t sustainable, and that’s one of the reasons that we’re making this shift.” She also said the school had “a lot of students who were at-risk,” which went “hand-in-hand with how our campuses have historically operated.”

The change in strategy at Baker doesn’t sit right with everyone.

Cleamon Moorer Jr., a former administrator and faculty member, observed with dismay as Baker shut down campuses and sought to attract different kinds of students.

“I think it’s insulting. I do,” said Moorer Jr., who served about three years as Baker’s first dean of a consolidated school of business. “Because now it’s almost as if you’re blaming the students for your institutional failures.”

Cleamon Moorer, Jr., a former administrator and faculty member at Baker College, in his office at American Advantage Home Care, Inc. in Dearborn, Michigan (Ryan Garza/Detroit Free Press) Students Lost in the Shuffle

Baker’s dismal graduation rate almost certainly has something to do with the “at-risk” students Spicer mentioned — people who may come from low-income backgrounds, who didn’t excel in high school or who are balancing school, parenting and a full-time job.“

Open enrollment institutions generally do not have high graduation rates,” Baker officials noted to reporters in a written statement.

But for many students, the biggest hurdles placed in their way came from Baker itself.

Baker often starts programs, then changes them, moves them or shuts them down before students finish. It opened a campus in Reading, Pennsylvania, in 2016 that closed nine months later.

A common criticism among students is the lack of guidance once they begin school about everything from internships to graduation requirements. Students said they were on their own to find required internships. Baker once promoted “free lifetime placement service,” but recent graduates said they were simply referred to Handshake, an online platform.

“Baker College does have a Career Services department that continues to offer both current students and alumni assistance with social media profiles, resume writing, and career search and placement services,” Baker said in its response.

The department has four full-time and two part-time staffers. Davenport, which has roughly the same student population as Baker, employs 12 people full-time. It also makes use of Handshake and offers lifetime services.

Bechtel, the student who took on $40,000 in loans, earned an associate degree in web design but found his experience disappointing. Required courses, he said, taught computing languages he considered obsolete. When he reached out to student services — tutoring, tech support, career counseling — “they never returned my phone calls,” he said.

A year in, Bechtel said, Baker changed the requirements for his web design program without exempting current students. He’d taken required courses that no longer counted toward his degree. It bothered him, but he decided it wasn’t worth a fight.

More changes to the requirements came a year later, and then again the year after that. “I raised a whole lot of hell,” he said, until Baker waved him through with his existing credits.

Bechtel graduated in 2011. Neither the coursework nor the degree proved useful, he said. At home, he taught himself the programming language SQL, which got him jobs. He and his wife make decent salaries, he said, but his student debt — now up to $58,750 — has them living “paycheck to paycheck.”

“I’m not going to be able to retire because I’ll be paying these off,” Bechtel said.

Bart Bechtel’s diploma (Mary F. Calvert, special to ProPublica)

Daniel Church, who enrolled out of high school as a full-time student in Flint, ran into trouble when Baker switched from quarters to semesters in 2017 to better align with other college calendars. In a booklet, Baker pledged the change would be cost-neutral and would “not disrupt your academic progress or increase your time to graduation.” But for Church, it did.

Church said he needed more time and money to finish getting bachelor’s and master's degrees in Baker’s tech program. So he quit to work as a long-haul trucker, driving cross-country and saving paychecks.

He “didn’t go home,” he said, and “didn’t see anyone in my family. I worked my arse off.”

Church put aside thousands of dollars to pay for school. But when he got back to Flint, he learned he’d have to effectively repeat some of his quarter-based classes in the new semester system and complete an internship, costing him more than he had saved.

Baker gave him a list of leads, he said, but the companies he contacted weren’t taking interns. He decided it was time to give up on Baker.

“At that point, I just threw my hands up and laughed, because it was just so unbelievable,” said Church, who is now 27 and said he has more than $30,000 in loans. “How could any institution that expects itself to be taken seriously do this to people?”

After living in his parents’ house during the pandemic, he’s back to driving the truck.

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

Mariam Elba contributed research.

Agnel Philip of ProPublica and Kristi Tanner of the Detroit Free Press contributed to the data analysis.

David Jesse was named the Education Writers Association’s best education beat reporter in 2018 and was a 2020-21 Spencer Fellow in Education Reporting at Columbia University. Contact him: djesse@freepress.com. Follow him on Twitter: @reporterdavidj. Subscribe to the Detroit Free Press.

Update, Jan. 15, 2022: This story was updated to reflect that the University of Michigan Board of Regents fired President Mark Schlissel.

Correction

Jan. 15, 2022: This story originally misstated what happened with Baker College's Port Huron campus. Baker slashed operations there but left open a culinary program; it did not cease operations entirely.

by Anna Clark, ProPublica, and David Jesse, Detroit Free Press