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ProPublica

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

2 years 11 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

3 years 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

3 years ago

阅读简体中文版。

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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.

3 years 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 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

3 years 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

3 years ago

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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.

3 years 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

3 years 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

3 years 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

3 years 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

3 years 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