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Welfare agency settles with eight defendants in fraud lawsuit

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mississippitoday.org – Anna Wolfe – 2024-08-27 13:44:59

Welfare agency settles with eight defendants in fraud lawsuit

More than two years into the litigation, the of Mississippi has agreed to settle with eight defendants in the ongoing welfare fraud civil case for a total of about $750,000. 

That’s roughly half as much as the state has spent on legal fees in the case so far.

The eight defendants, who allegedly illegally received or were liable for the misspending of a total of $1.7 million, did not admit to wrongdoing. Their settlements represent some of the smaller components of the overall welfare fraud scheme. The future repayments amount to less than 1% of the total $79 million in federal welfare funds that Mississippi Department of Human Services’ claims were lost to malfeasance. 

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The defendants, date and amount of settlement, and total alleged damages are as follows:

Each of these companies received funds from the federal Temporary Assistance for Needy Families block grant, or TANF, from the two private nonprofits โ€“ Mississippi Community Education Center and Resource Center of North Mississippi โ€“ running a program called Families First for Mississippi. The program operators, who received as much as $40 million a year, were supposed to channel resources to stabilize poor families and prevent child neglect but instead frittered the funds away on contracts with politically connected companies.

Mississippi Department of Human Services said it could not comment on the settlements due to Hinds County Circuit Court Judge Faye Peterson’s suppression order in the case, which has prevented parties from discussing the situation publicly. Defendants who have been released from the case are no longer bound by the gag order, and representatives of virtual reality tech firm Lobaki agreed to share their story with Mississippi in a piece published in April.

โ€œWe didn’t know the difference between TANF and a frickin’ turnip patch, you know?โ€ Lobaki President Kevin Loud said at the time.

Will Longwitz, a former Madison County Court Judge, state senator and legislative lobbyist currently working as a personal injury lawyer in New Orleans, settled with MDHS in March for the total amount of TANF funds auditors say he received โ€“ $318,325. 

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The lawsuit alleged the nonprofits hired Longwitz’s firm Inside Capitol to lobby lawmakers on behalf of Families First, though federal regulations prohibit the use of TANF funds for lobbying activities. He registered as a lobbyist for MCEC in 2018 but reported receiving no compensation from the nonprofit, despite the six-figure income. He also reported spending zero on food, gifts or entertainment for public officials. 

MCEC hired four other lobbyists during the time of the scandal, but it paid Longwitz by far the most โ€“ nearly $320,000 compared to between $21,000 and $72,000 for each of the others. The lawsuit alleged Longwitz knew the money he received came from the welfare fund.

Longwitz, who represented himself in the litigation, denied the allegations, repeating legalese and referring to himself as a releasee in an email to Mississippi Today Monday. โ€œReleasees specifically and categorically deny any and all liability with regard to all claims and allegations, and settle the claims only to buy their peace and avoid further cost of defense,โ€ he wrote.

Longwitz agreed to a monthly payment schedule and will have until 2033 to pay the entire amount.

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Only one other defendant, Warren Washington Issaquena Sharkey Community Action Agency (WWISCAA) settled for the total amount of damages, $49,190.06, that MDHS alleges it caused. The original May 2022 lawsuit accused the nonprofit of failing to perform the services, such as academic tutoring and career skills , it was hired to . Emails Mississippi Today previously obtained suggested that the organization’s partnership with Families First was a sham. 

โ€œThey were absolutely doing nothing in either center,โ€ said a social worker who was employed under the program, according to an email.

WWISCAA’s January 2023 settlement denied any wrongdoing and its director Jannis Williams declined to comment.

The Greenville-based Community Action Agency was founded in 1972 as one of the local nonprofits across the nation tasked with administering federal anti-poverty funds, primarily the Community Services Block Grant. Throughout its recent legal battle, WWISCAA seems to have maintained its normal partnership with Mississippi Department of Human Services, receiving roughly $5 million a year from the welfare agency.

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In the settlements so far, Chase Computer Services, owned by Christopher Scott Chase, received the best deal by dollar amount.

MDHS claimed the nonprofits hired the tech company to develop software to track outputs and performance of the Families First program, but that it never provided the service, and it should repay the agency $375,750. 

The company denied the allegations. The parties settled for just $1,000 last week. According to his LinkedIn page, Chase has worked as a senior developer at the Tupelo-based American Family Association since 2023, and the Chase Computer Services website says it is no longer accepting new clients. Chase did not respond to an email from Mississippi Today.

The lawsuit similarly accused Southtec of not completing all of the work โ€“ installing internet network and phone systems in Families First offices โ€“ that it was prepaid to conduct. MDHS claimed Southtec caused $19,000 in damages related to overages on a hotspot that it was using on Family Resource Center’s dime. They settled for $10,000 this month.

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The vendor whose welfare payments raised some of the first red flags in the welfare fraud investigation โ€“ Rise Luxury Rehab โ€“ settled with MDHS back in October. For four months in 2019, former MDHS Director John Davis instructed Mississippi Community Education Center to pay $40,000 a month for his friend Brett DiBiase to be treated at the luxury rehab facility in Malibu. The company agreed to pay back $105,000 of the total $160,000 it received. Its lawyer did not return an email.

MDHS had alleged in the lawsuit that Williams, Weiss, Hester & Company, the accounting firm in charge of auditing Mississippi Community Education Center’s finances, had completed a โ€œbogusโ€ audit in 2017 that concealed the nonprofit’s use of TANF funds. 

The lawsuit asked for damages, which would have been determined at trial, totaling the amount of the nonprofit’s misspending that the agency would have allegedly caught if the firm had performed a proper audit. MDHS settled with the accounting firm in April for $220,000.

In an emailed statement to Mississippi Today, firm owner Doug Hester maintained that his company had not committed professional malpractice. 

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โ€œUnfortunately, obtaining vindication in a lawsuit of this magnitude with this many parties is extremely expensive and time consuming, so WWH made a business decision to settle the case and buy its peace rather than continue with a lengthy and expensive court battle,โ€ Hester wrote.

Mississippi Community Education Center, its founder Nancy New, and her son Zach New also filed their own lawsuit against Williams, Weiss, Hester & Company in 2021 that they relied on the accounting firm to ensure the nonprofit was spending its funds properly and that the accounting errors caused the News to be charged criminally. The News dropped the case in February.

Judge Peterson signed orders dismissing Chase Computer Services and Southtec from the case last week. She dismissed Lobaki and Williams, Weiss, Hester & Company from the case in April. Warren Washington Issaquena Sharkey Community Action Agency was removed from the lawsuit when the state filed its amended version in December of 2022. The court file does not yet contain orders of dismissal for William Longwitz, Inside Capitol, or Rise Luxury Rehab. 

Mississippi Department of Human Services has paid Jones Walker, the law firm bringing the litigation, nearly $1.5 million in TANF funds since 2022, according to the state’s public accounting database. The stated purpose of the lawsuit is to clawback the misspent TANF funds.

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Thirty-eight defendants remain, Brett Favre and the of Southern Mississippi Athletic Foundation, who together allegedly worked to channel $5 million in welfare funds to build a volleyball stadium on the college campus. They’ve also denied wrongdoing.

MDHS claims Favre is also on the hook for $2.1 million that the New nonprofit funneled to pharmaceutical companies that he sponsored. An alleged co-conspirator in that scheme, Jake Vanlandingham, pleaded guilty to a federal wire fraud charge last month.

Some of the defendants facing the biggest alleged damages, such as Davis and nonprofit operators Nancy New and Christi Webb, have already pleaded guilty to criminal charges related to the scheme and will likely have to pay restitution for their crimes.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1940

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mississippitoday.org – Jerry Mitchell – 2024-09-14 07:00:00

Sept. 14, 1940

President Franklin D. Roosevelt signed the Selective Service Act. Credit: War Department.

With the Nazi army sweeping across Europe, President Franklin D. Roosevelt signed the Selective Service Act, which required all between 26 and 35 to register for the military draft. The also meant that Black men โ€” unlike in the past โ€” could join all branches of the U.S. military. 

โ€œAmerica stands at the crossroads of its destiny,โ€ Roosevelt declared. โ€œTime and distance have been shortened. A few weeks have seen great nations fall. We cannot remain indifferent to the philosophy of force now rampant in the world. We must and will marshal our great potential strength to fend off war from our shores. We must and will prevent our from becoming a victim of aggression.โ€ 

In December 1941, Japanese forces bombed Hawaii’s Pearl Harbor, and the nation was thrust into war. With this attack on America, men, both Black and white, flooded recruitment centers to sign up.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Lawsuit alleges local DeSoto County districts discriminate against Black voters

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mississippitoday.org – Bobby Harrison – 2024-09-13 14:11:38

The five districts drawn to elect supervisors and other local in DeSoto County discriminate against Black , a recently filed federal alleges.

The Legal Defense Fund, the ACLU of Mississippi and Harvard Election have filed a lawsuit in the federal court for the Northern District of Mississippi the districts drawn in 2022 after the release of U.S. Census data discriminate against Black DeSoto County .

Though 32% of DeSoto County’s 182,000 residents are Black, none of the county’s 25 officeholders elected from the five districts in question are Black. The positions elected from the five districts are county supervisors, justice court judges, constables, school board members and election commissioners.

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The lawsuit says the districts are drawn in such a manner as to dilute Black voter strength and prevent the election of minorities to the various offices.

โ€œAddressing DeSoto County’s history of injustices begins with fair electoral mapping and access to the ballot box,โ€ Charles Taylor, executive director of the Mississippi Conference of the NAACP, said in a release. โ€œParticipation and representation are the fundamental rights afforded by a democracy, yet the Black citizens of the county have long been denied their rights by those holding office.โ€

DeSoto is the state’s third most populous county with 182,000 residents, according to the most recent Census data. The Black population has grown 9.2% since 2010 and almost threefold since 2000, according to the lawsuit.

DeSoto County, a suburb of Memphis in Tennessee, has been the state’s fastest growing county for some time. There is currently one Black-majority state House district in DeSoto.

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Federal judges in the Southern District of Mississippi have ordered that a Black-majority state Senate district be created in DeSoto County. That case is still pending.

This latest lawsuit filed in the Northern District of Mississippi challenging the supervisory districts as being discriminatory was filed on behalf of two voters in the county and on behalf of the DeSoto County NAACP and Delta Sigma Theta Sorority, Inc.

โ€œDeSoto County is the fastest growing county in Mississippi. The individuals and families that move to our state deserve fair and just representation in their local ,โ€ said Jarvis Dortch, executive director at ACLU-MS. โ€œUnfortunately, the current supervisor district lines are drawn to favor white voters and harm voters of color. A community will only thrive when all voices can be heard, and some votes don’t count more than others.โ€

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Controversial parolee, reimprisoned for DUI, free again

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mississippitoday.org – Mina Corpuz – 2024-09-13 12:33:21

Six months after being returned to prison on a DUI charge, a man paroled  last year after serving nearly 20 years for the double murder of his father and stepmother is free again, this time through a court order.

On Aug. 30, Hinds County Circuit Judge Debra Gibbs vacated the Parole Board’s to return James Williams III to prison for at least a year for violating parole. 

โ€œMr. Williams has already served more than ninety (90) days in the custody of the Mississippi Department of Corrections,โ€ the judge wrote. โ€œTherefore โ€“ unless he is held pursuant to some other sentence or order โ€“ he SHALL BE RELEASED IMMEDIATELY from the custody of the Mississippi Department of Corrections and returned to parole.โ€ 

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of Williams’ victims โ€“ his father James Jr. and stepmother Cindy Lassiter Mangum โ€“ said they learned last that Williams would be released. Since Williams became eligible for parole a decade ago, they have sent letters to the board and attended hearings, but for the court decision they did not get to voice their concerns and opinions, Mangum’s sister, Brenda Lassiter Rankin, wrote on Facebook. 

As of Friday, MDOC records list Williams as being on parole in Rankin County. 

In October 2023, the Pearl Department arrested Willliams for a DUI through a warrant issued by his parole officer, according to court

โ€œThe family wants to know if the Mississippi Parole Board still feels that the community is better served to have James Williams in the community drinking and driving than be incarcerated for the double murders that he is guilty of committing,โ€ the Mangum family said in a statement at the time. 

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A month later, the Parole Board found that by violating the law, he violated a condition of his parole. Three of four members voted to return him to prison for a year, according to court records, and the lone โ€œnoโ€ vote was that of board chairman Jeffery Belk.

Gibbs agreed with Williams’ argument that his DUI misdemeanor offense was a technical violation of his parole, and under state law, 90 days is the maximum period someone can be imprisoned for a first time revocation. 

The order is also in line with a February ‘s office opinion answering a question posed by Belk, but the question and response did not mention Williams. 

At the beginning of the year, Williams filed an application for post-conviction relief with the Mississippi Supreme Court to the board’s revocation. The court ruled in June that his motion had to be filed in the Hinds County Circuit Court, which led to Gibbs’ ruling. 

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A technical violation is an act or omission that violates a condition of parole placed on a person by the Parole Board or a parole officer. Examples of technical violations could be a missed check-in, failed drug test or missed curfew. 

Under House Bill 585 passed in 2014, if someone is revoked parole for the first time for one or more violations, the Parole Board can order them to serve time in MDOC custody for a maximum of 90 days. Subsequent revocations can mean longer time, and by the fourth revocation, the board can impose the remainder of the person’s sentence.

Over the years, circuit judges around the state have ruled in post-conviction petitions to immediately release at least six people returned to prison for parole or probation violations who had already served the corresponding amount of time defined in state law for technical violations, according to Williams’ complaint challenging his parole revocation. 

Current members of the board and those who served with former chairman Steve Pickett have 

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found misdemeanors are technical violations. Court records list examples of at least seven people for whom the board revoked parole for committing DUIs, simple assaults and other misdemeanors that it ordered to serve 90 days in a technical violation center. 

Williams’ initial parole on May 16, 2023, pushback from the victims’ family, community members and lawmakers. 

However, the Parole Board found multiple reasons to release him, including a good prison record, community support, participation in rehabilitative programs and recommendation by prison , according to court records. 

Williams received five votes for parole from current members Belk, James Cooper, Julia Norman and Marlow Stewart and former member Anthony Smith, who resigned in May 2023 ahead of Williams’ release, according to Williams’ parole action sheet in court records. 

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Publicly, Belk has stood by the board’s decision. 

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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