Office of the Attorney General State of Mississippi

Transcription

1 2016 Office of the Attorney General State of Mississippi 2016 Annual Report Attorney General Jim Hood 2016 Annual Report Page 1

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3 A Message from Attorney General Jim Hood Dear Fellow Mississippians, This past January, I had the great privilege to be sworn in to my fourth term as Attorney General. I am humbled and honored by the confidence that the state s voters have shown in me. As Mississippi s chief legal officer, I lead a team of dedicated professionals, all of whom are committed to protecting our great state. As I begin my 14th year in office, I am pleased to present to you the annual report from my office for Fiscal Year Since I took office, rapid changes to technology have given criminals and con artists new ways to prey upon citizens. However, I am proud that our office has met the challenge of these modern problems. We use sophisticated investigative tools to track down cyber criminals and child predators. We strive to stay a step ahead of those who would attempt to take advantage of Mississippi residents. As we respond to new threats, we continue to investigate and prosecute new cases, assist consumers and crime victims, and train law enforcement officers and prosecutors. The attorneys, investigators, program managers, and support staff who serve you in the Attorney General's Office are among the most accomplished and experienced public servants in the nation. This year, two of them were singled out for national recognition. Paula Broome, Bureau of Victim Assistance, was recognized by the American Bar Association for her service to victims of domestic violence. Consumer investigator Doug Tyrone was named Investigator of the Year by Discover Financial Services. I am glad to have Paula, Doug, and many others like them on our staff. Mississippi is better for it. My priority remains protecting our children from online threats. My office leads the Mississippi Internet Crimes Against Children Task Force, a group comprised of more than 60 law enforcement agencies throughout the state. The task force continues to take dangerous child predators off the streets, and I will continue the important work of the task force to protect our children and vulnerable citizens. Our Bureau of Victim Assistance awarded more than $3.7 million to victims of violent crime this fiscal year. This money comes from assessments on criminals which goes back to help the victims. This year we trained more than 3,400 law enforcement officers, investigators, and dispatchers on Mississippi law, including de-escalation tactics, domestic violence laws, and issues related to sexual assault, stalking, and human trafficking. This year, my office recovered more than $108.7 million for the state, much of which came from out-of-state corporations which wronged Mississippi and its residents. As Fiscal Year 2017 started, the state received its first $150 million payment from BP. This was deposited into the State Budget Contingency Fund to assist in the economic recovery of our coastal communities and those areas impacted by the by the 2010 Deepwater Horizon disaster. To date, we have returned more than $3 billion to the state since I took office. Despite budget constraints, my office will continue to work to assist crime victims, fund claims for law enforcement officers and firefighters, and hold accountable anyone, whether an individual or greedy corporation, that seeks to harm Mississippi residents. I trust you to hold me and my office accountable, and this annual report demonstrates to you our record of performance. Thank you for the opportunity to serve as your Attorney General. Please let me or my office know if there is anything we can do better to help the great people of this state. Sincerely yours, Jim Hood Attorney General 2016 Annual Report Page 3

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5 Table of Contents Message from Attorney General Jim Hood 3 Table of Contents 5 Mississippi Attorney General s Executive Summary 7 Executive Branch of the Mississippi Attorney General s Office 13 Bureau of Victim Assistance 15 Civil Litigation Division 27 Consumer Protection Division 39 Criminal Litigation Division 47 Medicaid Fraud Control Unit 50 Opinions and Local Government 51 Prosecutor Training Division 53 Public Integrity Division 55 (Public Integrity Unit, Alcohol and Tobacco Enforcement, Child Desertion, Cyber Crime, DUI Training, Insurance Fraud, and Vulnerable Adults) Administration and Support Services 81 Agriculture Division 84 Department of Corrections 85 Mississippi Development Authority 85 Department of Education 86 Department of Finance and Administration 89 Mississippi Forestry Commission 90 Mississippi Gaming Commission 90 Mississippi Department of Health 91 Human Services Division 93 Information Technology Services 95 Institutions of Higher Learning Annual Report Page 5

6 Table of Contents (Con t) Mississippi Department of Insurance 98 Mississippi Department of Marine Resources 99 Division of Medicaid 101 Department of Mental Health 102 Pearl River Valley Water Supply District 103 State Personnel Board 104 Professional Licensure and Regulatory Section 105 Public Employees Retirement System (PERS) 105 Secretary of State Public Lands Division 106 Department of Rehabilitation Services 106 Mississippi Department of Transportation 107 State Veterans Affairs Board 110 Department of Wildlife, Fisheries, and Parks 111 Support Services Division Annual Report Page 6

7 Funds Recovered During Fiscal Year 2016 Source Type Amount Disposition Medicaid Fraud Control Unit Restitution & Penalties 13,527,598 State of MS; DOM; AGO; Federal Gov't Consumer Protection Division Restitution, Penalties & Settlement 35,033,442 State of MS; AGO; Consumers, Recoveries Victims, Citizens Public Integrity Division Restitution, Fines & Fees 87,326 State of MS; AGO; Victims & Citizens Vulnerable Persons Unit Restitution & Fines 349,096 Victims & Citizens Child Desertion Unit Restitution & Fines 285,385 DHS; Custodial Parents Insurance Integrity Enforcement Bureau Restitution & Fines 285,311 State of MS; AGO; Victims & Citizens Cyber Crime Division Restitution & Fines 67,000 State of MS; AGO; Victims & Citizens Alcohol & Tobacco Enforcement Division Fines 94,514 Justice & Municipal Courts Civil Litigation Audit Recoveries 1,934,798 State of MS: Taxpayers Division of Medicaid MS Department of Transportation Subrogation, Estate Recoveries & Special Needs Trusts Workers' Comp Subrogated Claims, Motor Vehicle & Other Property Damage 2,474,088 State of MS; DOM; Clients 186,660 State of MS; MDOT; Citizens Department of Agriculture Fines & Penalties 49,975 State of MS; Dept of Ag. Department of Rehabilitation Services Subrogation claims 117,802 Agency Clients Pearl River Valley Water Supply District Delinquent Lease Fees 119,335 State of MS; PRVWSD Watson / Forest Laboratories Settlement 4,308,000 State of MS; AGO Transocean - BP Oil Settlement 4,000,000 State of MS Jannsen (Risperdal) Settlement 7,328,448 State of MS; AGO JP Morgan Chase Bank Settlement 4,088,020 State of MS; AGO Experian Information Solutions Inc Settlement 2,250,438 State of MS; AGO Transocean North America - BP Oil Settlement 5,000,000 State of MS; MDEQ; MS AGO Sandoz, Inc Settlement 26,033,316 State of MS Equifax, Inc Settlement 1,159,023 State of MS; AGO Total Funds Recovered - FY ,779, Annual Report Page 7

8 Executive Summary BUREAU OF VICTIM ASSISTANCE Assisted 951 victims of violent and non-violent crimes Trained more than 3,400 law enforcement officers and dispatchers on Mississippi law Trained more than 605 court personnel (judges, clerks, and prosecutors) on state law related to domestic violence, sexual assault, stalking, strangulation, and human trafficking Trained 691 professionals, including social workers, advocates, private attorneys, community members and faith-based groups Provided technical assistance to more than1,500 on the Domestic Abuse Protection Order Registry and Uniform Domestic Violence Offense Reporting System Trained 77 nurses in Sexual Assault Nurse Examiner certification Officer-Involved Shooting Training 400 Trained Officer involved shooting course in cooperation with USDOJ, RCTA, & LEAPS Crime Victim Compensation Crime Victim Compensation awarded $3,747, and received 1,171 claim applications Crime Victim Compensation received a federal grant for $972,000 Bureau of Victim Assistance paid $138, to cover costs of 197 sexual assault medical forensic examinations CIVIL LITIGATION $1,934, recovered in audit/ethics matters, including recoveries for cities and counties Positive outcome in 95 percent of Civil Litigation cases in federal and state courts Positive outcome in 100 percent of prisoner complaints filed in federal courts CONSUMER PROTECTION DIVISION Responded to 54,613 phone calls for assistance $1,426, collected in restitution $ 203, recovered in costs and fees Average restitution per investigator $285, ,504 cases opened 185 identity theft cases opened 14 home repair fraud cases opened 2 home repair fraud arrests 6 intellectual property crimes arrests 15 identity theft arrests 10 additional arrests (i.e. mail fraud, wire fraud, false pretense) CRIMINAL LITIGATION DIVISION Appellate Section Filed 328 briefs and 51 miscellaneous responses in the Mississippi Supreme Court and Court of Appeals Had 20 Oral arguments Processed 97 extraditions Won 90 percent of criminal cases Death Penalty Section Filed 80 briefs, responses, and motions in the Mississippi Supreme Court, state trial courts, federal 2016 Annual Report Page 8

9 CRIMINAL LITIGATION (Con t) Federal Habeas Corpus Filed 153 briefs, motions, and responses in the federal courts Won 100 percent cases Represented the State in oral argument in United States Court of Appeals for Fifth Circuit and evidentiary hearings in the United States District Courts of Mississippi MEDICAID FRAUD CONTROL UNIT Opened 378 new Medicaid abuse cases Opened 50 new Medicaid fraud cases Obtained 58 convictions for Medicaid abuse Obtained 6 convictions for Medicaid fraud Obtained 52 indictments for Medicaid abuse Obtained 15 indictments for Medicaid fraud Made 56 arrests for Medicaid abuse Made 10 arrests for Medicaid fraud OPINIONS AND LOCAL GOVERNMENT Issued 446 official opinions Returned 89 percent of formal opinions within 30 days or fewer Provided more than 6,000 hours of advice by telephone and , as well as more than 400 hours preparing and conducting seminars across the state Trained local officials in implementation of new laws passed by the legislature PROSECUTOR TRAINING DIVISION Provided training to more than 877 prosecutors, investigators, victim assistance coordinators, and worthless check unit personnel Offered more than 39 hours of continuing legal education to Mississippi prosecutors PUBLIC INTEGRITY Opened 156 investigations during Fiscal Year 2016 Received 953 complaints USMS Gulf Coast Regional Fugitive Task Force (GCRFTF) 27 PID arrest warrants CHILD DESERTION UNIT Received approximately 230 complaints Opened 14 new investigations Obtained 11 convictions Obtained 14 indictments Made 12 arrests Awarded $285, in restitution, fines, and fees 2016 Annual Report Page 9

10 INSURANCE FRAUD AND WORKERS COMPENSATION FRAUD Recovered $285, in restitution, reimbursements, investigative costs, court costs, and fees Received 256 complaints Active insurance fraud investigations conducted: 45 Active workers compensation investigations conducted: 21 Obtained 12 convictions and 42 indictments during 2016 CYBER CRIMES UNIT 158 new cases opened 12 convictions obtained 333 examinations performed on 59 separate requests 90 presentations with 6,612 people attending VULNERABLE ADULTS Court ordered $349, in restitution for victims Received and worked 2,500 complaints including but not limited to abuse, neglect, or exploitation 98 new cases opened 10 convictions obtained 4 new indictments DUI UNIT Trained more than 1,700 judges, prosecutors, and law enforcement officers 8 Cops in Court Trainings this includes DUI law, mock trials, and courtroom preparation 4 A.R.I.D.E (Advanced Roadside Impairment Driving Enforcement): 2-day drug-related DUI training 3 DUI Law Basic classes at MISSISSIPPI Law Enforcement Training Academy (MLEOTA) 1 Standardized Field Sobriety Testing (SFST) instructor school 2 basic Drug Recognition Expert (DRE) in-service trainings DUI Updates for MISSISSIPPI STARS State government CLE Legal updates & changes to DUI law Multiple legal update classes and updates to the Mississippi DUI Benchbook Manual Publication of DUI Newsletter, DRIVEN ALCOHOL & TOBACCO ENFORCEMENT DIVISION In June 2010, the Alcohol and Tobacco Unit was issued a contract with the Food and Drug Administration to enforce the Federal Tobacco Laws. Because of our past efforts and existing program, we were the first state in the nation to be up and running under this contract. Tobacco and Beer Enforcement Checks $94, in fines and court costs 475 retail clerks trained during 223 retailer training programs 6,991 tobacco enforcement checks 6,977 alcohol enforcement checks 9 cases submitted to the Department of Revenue for suspension 16 gun compliance complaint investigations 2800 FDA Undercover buy inspections 1872 advertising/labeling inspections 2016 Annual Report Page 10

11 Mississippi Attorney General s Office Executive Branch Bureau of Victim Assistance (Children s Division, Advocacy, Training & Technical Assistance Division, Crime Victim Compensation) Civil Litigation Consumer Protection Division Criminal Litigation Medicaid Fraud Division Opinions and Local Government Prosecutors Training Public Integrity Division (Public Integrity Unit, Alcohol and Tobacco Enforcement, Child Desertion, Cyber Crime, DUI Training, Insurance Fraud, and Vulnerable Adults) State Agencies Support Services Division 2016 Annual Report Page 11

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13 Executive Branch of the Mississippi Attorney General s Office The Executive Branch of the Mississippi Attorney General s Office is comprised of Attorney General Jim Hood and his Executive Assistant Delisa Jones, Deputy Attorneys General Mike Lanford and Onetta Whitley, Chief of Staff Geoffrey Morgan and his assistant Cindy Burnham, Special Assistant Attorneys General Blake Bee and Mary Jo Woods, Director of Communications Aaron Sadler, Public Information Officer Rachael Ring and Receptionists Marilyn Robinson, Donna Thomas, Janet Brooks, and Kristen Ganucheau. Attorney General Attorney General Jim Hood is serving his fourth term as Attorney General. He has served since being sworn into office in January The Attorney General is the chief legal officer and advisor for the state in both civil and criminal matters. General Hood is a progressive leader who believes prevention is the best way to tackle crime. Attorney General Jim Hood is not afraid to go after those who threaten the livelihood of Mississippi citizens. Executive Assistant Attorney General Jim Hood is assisted by Delisa Jones. Delisa has more than 20 years of executive service to the State. She manages the General s schedule, appointments and speaking engagements. She works closely with the staff at the National Association of Attorneys General to coordinate General Hood s involvement with issues of national importance to chief legal officers across the country. Deputy Attorneys General Mike Lanford and Onetta Whitley serve as the Deputy Attorneys General. As Deputies, they are authorized to perform the duties and execute the powers of the Attorney General on his behalf and to serve in his place on boards and commissions. The administration of the Attorney General s Office is divided between the two Deputies. Onetta Whitley has responsibilities for the following divisions: Public Integrity, Medicaid Fraud Control Unit, Consumer Protection and various state agencies representation. She is assisted by Arnette Warren. Mike Lanford has responsibilities for the following divisions: Opinions, Civil Litigation, Criminal Appeals, and various state agencies representation, including Departments of Transportation, Gaming and Finance and Administration. He is assisted by Linda Nesline. Chief of Staff The Chief of Staff, Geoffrey Morgan, handles office personnel issues and provides counsel to the Attorney General on a wide range of legal issues. The Chief of Staff also assists citizens with complaints and questions and handles outside counsel contracts throughout the MAGIC system. Assisting the Chief of Staff in his daily duties is Cindy Burnham who has more than 30 years of service to the State of Mississippi. Support Staff Receptionists Marilyn Robinson, Donna Thomas, Janet Brooks, and Kristen Ganucheau are invaluable assets to the Attorney General, his staff, and the people of Mississippi. They are often the first contact callers have with this office, and they cheerfully perform their duties each day. They answer numerous phone calls and direct callers to the best person in the office to address their questions. These ladies also greet the many visitors the office receives each day Annual Report Page 13

14 DIVISION OF COMMUNICATIONS T he Mississippi Attorney General s Office recognizes the important role played by the media in our efforts to serve the people in our great state and supports an open relationship with members of the press. Aaron Sadler serves as Director of Communications, and Rachael Ring is the Public Information Officer. The Communications Division is responsible for writing and distributing news releases and agency publications, handling public inquiries, and planning public events. The Mississippi Attorney General s Office strives to keep the state s families, adolescents and elderly safe through prevention, education and awareness. Resources available from the Mississippi Attorney General s Office include the following publications: General Information A Quick Reference Guide to the Office of Attorney General, State of Mississippi Relating to Alcohol and Tobacco Enforcement Underage Drinking: What Parents Should Know Youth Drug Abuse: What Parents Should Know Relating to Crime Prevention/Victim Services Address Confidentiality Program A Victim s Guide Crime Victim Compensation Financial Assistance for Victims of Crime in the State of Mississippi Bully-Proof School Violence Prevention Guide Workplace Violence Prevention: A Guide Effective Responses to Victims of Violent Crime: A Guide for Law Enforcement A Guide to Child Safety: A Parent s PLAN Resource Guide for Combating Senior Financial Abuse in Mississippi Youth Suicide: What Parents Should Know Mississippi Crime Victims Bill of Rights Post Conviction Procedures Relating to Cyber Crime A Guide to Child Safety: A Parent s PLAN Cyberbullying: What Parents Should Know Sexting: What Parents Should Know Illegal Downloads: What Parents Should Know Keeping You Safe in Cyberspace Online Dating Tips Relating to consumer Protection Guidelines for Home Repair Contracting Identity Theft (Book and Pamphlet) Operation Knock Out Knock Offs Consumer Tips for Storm Victims What Determines the Price I Pay for Gasoline A Merchant s Guide to Mississippi s Price Gouging Law Designer Jeans Dirt Cheap? A Consumer Guide to Mississippi s Lemon Law Mississippi Guide to Consumer Protection Laws Spanish Brochures (El Fraude en Casa, El Fraude de Automovil, and El Fraude en la Billetera) Relating to Domestic Violence Federal Firearms Law: Domestic Violence Offender Gun Ban Responding to a Domestic Violence Call: A Quick- Reference Guide for Mississippi Law Enforcement Human Trafficking Stalking: Prevention and Awareness Guide Dating Violence: Expect Respect The Mississippi Domestic Abuse Protection Order Relating to the Opinions Division Guide to Mississippi Open Meetings and Public Records Laws Safeguarding the Vote: Recognizing and Reporting Election Crimes Public Records Law (as revised in 2015) Relating to Vulnerable Adults Vulnerable Adults Law Enforcement Guide 2016 Annual Report Page 14

15 BUREAU OF VICTIM ASSISTANCE he Bureau of Victim Assistance (BOVA) is charged with T supporting efforts to increase the effectiveness of the criminal justice system, promoting the fair and compassionate treatment of victims of crime, ensuring victims are afforded their constitutional rights and considerations, providing eligible victims of violent crime with financial assistance, and facilitating efforts to improve outcomes for children. BOVA comprises the Children s Division, Advocacy, Training and Technical Assistance Division, and Crime Victim Compensation Division. Children s Division he Children s Division collaborates with other state agencies and nonprofits to work to improve T the juvenile justice and child welfare systems in an effort to facilitate efforts to reduce juvenile delinquency, truancy, drop-out rates, cyberbullying, exploitation of children, child abuse, and child neglect through training and technical assistance. The Annie E. Casey Foundation Juvenile Detention Alternatives Initiative T he Juvenile Detention Alternatives Initiative (JDAI) is being replicated in Adams, Leflore, Washington, Rankin, and Harrison counties. The JDAI core strategies have also been introduced in Desoto and Lauderdale counties. JDAI focuses on the juvenile detention component of the juvenile justice system and promotes changes to policies, practices, and programs to reduce reliance on secure confinement, improve public safety, reduce racial disparities and bias, save taxpayers dollars, and stimulate overall juvenile justice reforms. After more than a decade of innovation and replication, JDAI is one of the nation s most effective, influential, and widespread juvenile initiatives for justice system reform. Each year, the Annie E. Casey Foundation (AECF) sponsors its Annual Inter Site Conference, which brings together stakeholders from JDAI sites across the nation. During the 2015 JDAI Inter Site Conference, the Mississippi delegation included other non-jdai site judges, a state senator, in addition to key stakeholders. The documentary Children of the Dumping Ground, focused on children with developmental disabilities lost in the juvenile justice system. This topic was analyzed through a panel discussion Annual Report Page 15

16 The Annie E. Casey Foundation Juvenile Detention Alternatives Initiative (JDAI) The Children s Division sponsored quarterly JDAI All Sites Meetings. The meetings provided sites a platform to discuss juvenile justice reform issues impacting their jurisdictions and to share reform efforts being implemented at the local level. Other systems that have an impact on reform efforts were also invited to the meetings to share statewide system changes that may impact work being done at the local level. These meetings have proven to be very beneficial in our efforts of taking JDAI to scale. Child Advocacy Studies Training (CAST) In October 2015, the Attorney General s Office in collaboration with the Gunderson National Child Protection Training Center, the Mississippi Department of Human Services, Children s Advocacy Centers of Mississippi, and Silent Tears sponsored a three-day conference for institutions of higher learning to explore the CAST curriculum. The conference offered the latest developments in the child protection field and allowed participants to share and exchange ideas for implementing the curriculum at their institutions. The CAST curriculum focuses on interdisciplinary, ethical, realistic, and culturally sensitive content that provides professionals working with children a foundation for responding to child maltreatment. Healthy Choices for Teens Program IGU ( I Got You ) his is an educational community health outreach program for 8th and 10th graders in T Mississippi. The program was developed by the Central Mississippi Residential Center in partnership with area schools, local law enforcement, the Mississippi Department of Mental Health Bureau of Alcohol and Drug Abuse, Care Lodge Domestic Violence Shelter, Mississippi State University Extension Service, and the Attorney General s Office. Students travel to the Central Mississippi Residential Center during school hours to learn about topics, including suicide prevention, healthy dating relationships, alcohol and drug abuse prevention, bullying and cyber bullying, self-injury, and healthy coping skills. The program presenters are professionals who not only are experienced in their field but also are able to connect with the students. Students learn how to better cope with challenging situations, why it is important to seek help, and what resources are available. Pre and post-program surveys are used to evaluate and improve the presentations. Survey results indicate that the program has had a significant positive impact on students. Schools report that as a result of the program they have observed an improvement in academic performance, an increase in coping skills, as well as a decrease in behavior-related office referrals. To develop and expand the I Got You program, Central Mississippi Residential Center was awarded a U.S. Department of Health and Human Services, Health Resources, and Services Administration, Rural Health Care Services Outreach Grant. The three-year grant ended September 30, However, Central Mississippi Residential Center and other partners are committed to continuing the program at a limited number of schools Annual Report Page 16

17 Oakley Youth Development Center (OYDC) 2 nd Chance Reentry Program he Children s Division serves on the Juvenile Reentry Task Force to assist with the development and T implementation of the 2nd Chance Reentry Program. This program is funded through the Office of Juvenile Justice and Delinquency Prevention to reduce the recidivism rate among high risk older adolescent males paroled from OYDC. Parent Representation Program he Children s Division works collaboratively with Casey Family Programs and others on the Parent T Representation Program in Mississippi. This program provides some indigent parents in juvenile dependency cases with legal representation. The Parent Representation Program began as a pilot in Adams, Forrest, Hancock, Harrison, and Rankin counties. School Safety Resource Publications everal important publications regarding child safety are available on Attorney General Jim Hood s S website ( These publications serve as resource materials to equip parents, teachers, and administrators with the tools needed to protect children in communities and schools. Other publications are also available on the site that are valuable to the protection of children and adults. A Parent s PLAN to Child Safety Vital factors in ensuring child safety are Preparation, Listening, Awareness, and Nurturing (PLAN). Because dangerous situations are real in a child s world, parents must use every measure available to protect their children. Unfortunately, parents cannot be with their child at all times, so this PLAN provides parents with some indicators of predatory behavior, steps to implement, precautionary guidelines to follow, and some basic safety skills for children. School Violence Prevention Guide his school violence prevention guide is designed to help teachers T identify the warning signs of a potentially violent child and to help school administrators establish a protocol for students and teachers to report these signs before a violent act occurs. Other work of the Children s Mississippi College School of Advocacy Program Advisory Board Law, Child MISSISSIPPI KIDS COUNT Program Advisory Board Commission on Children s Justice Child Death Review Board MDHS State Level Case Review Team Southern Christian Services for Children and Youth, Inc. Lookin to the Future Conference Committee Mississippians Advocating Against Underage Drinking (MAAUD) Task Force Interagency System of Care Council Jim Casey Mississippi Youth Opportunity Initiative Community Partnership Board Juvenile Justice Symposium Planning Committee Executive Steering Council for NFusion Trauma Conference Planning Committee One Loud Voice Conference Planning Committee Teen Pregnancy Task Force 2016 Annual Report Page 17

18 Advocacy, Training & Technical Assistance Division 1 he Advocacy, Training, and Technical Assistance Division of the bureau is actively engaged in a T number of activities for law enforcement, prosecutors, and the judiciary, as well as advocates, community organizations, and members of the public which are specifically tailored to enhance victim safety and increase offender accountability in the areas of domestic violence, stalking, sexual assault, and human trafficking. Victim Assistance Program he Victim Assistance Program is committed to providing the most up-to-date resources T and information and creating a better understanding of the criminal justice system for all crime victims and survivors. Program staff provide crisis intervention, assist with completion of financial aid applications, connect victims to support groups and other related services, educate law enforcement and victim service providers on victim rights and services, and assist victims with invoking their rights and obtaining case and offender status. The Victim Assistance Program emphasizes providing assistance to individuals who live in rural areas where local victim services are not available. Additionally, victim advocates aid victims during recovery by lending emotional support, assisting with supplying written documentation to criminal justice officials regarding the impact of the crime, requesting court-ordered restitution, and guiding victims and survivors through the criminal justice system and to other resources. Advocates are responsible for assisting the Mississippi Attorney General s Criminal Litigation Division by providing victims and/or survivors whose cases are pending appeal with updates from the Mississippi Supreme Court and the Mississippi Court of Appeals. Court accompaniment for oral arguments before the Supreme Court and Court of Appeals is provided upon request. Advocates also assist the Attorney General s Medicaid Fraud Control Unit, Vulnerable Persons Unit, Cyber Crime Unit, and the Public Integrity Division. This fiscal period, the Victim Assistance Program assisted 951 victims of violent and nonviolent crimes. Approximately 3,154 units of service were provided, including referrals, support, advocacy, and information on the Crime Victim Compensation Division and the Crime Victims Bill of Rights. 951 Victims Served 3,154 Service Units Provided Advocates provide year-round support and technical assistance to victim service providers, law enforcement, and criminal justice officials. Updated victim resource directories are routinely distributed statewide to all victim assistance coordinators and victim service providers. In addition, victim advocates collaborate extensively with the Mississippi Coalition for Survivors of Homicide, Mississippi Coalition Against Sexual Assault, and Mississippi Coalition Against Domestic Violence. 1 The Attorney General s Domestic Violence Division now operates in its entirety within the Advocacy, Training and Technical Assistance Division and for purposes of this report will not be referenced as a separate division Annual Report Page 18

19 Victim Assistance Program (Cont) The program maintains a victim service provider network to assist in the exchange of information among victim service providers. This includes information on awareness events, training opportunities, various requests for assistance, available grants, and legislative action regarding victim issues. Training pecifically-tailored training and education programs on a variety of topics are offered to meet the S needs of professionals who work within or otherwise interact with the criminal and civil justice systems including but not limited to law enforcement officers, judges, court clerks and other court personnel, prosecutors, medical personnel, advocates, and community-based organizations. The training and education programs created by the division include a particular emphasis on the topics of domestic violence, stalking, sexual assault, and human trafficking. Two additional training programs for law enforcement were also developed by the division. Those two programs pertained to the topics of officer-involved shootings and de-escalation tactics by law enforcement when responding to mentally ill persons and special needs populations. The following is a summary of the activities performed by the training arm of the Division during FY2016: Ongoing Law Enforcement Training hroughout the year, division staff provided training programs for law enforcement agencies T around the state. These training programs take place across Mississippi to better enable local law enforcement to attend. Training is provided free of charge at the request of the agency. Topics of instruction included laws and appropriate response to domestic violence, strangulation, stalking, human trafficking, and sexual assault crimes. Classes were taught in report writing, courtroom testimony, use of the statewide database for domestic abuse protection orders and the domestic violence uniform offense reports, advanced investigative techniques in strangulation, sex crimes, and human trafficking cases, enforcement of domestic abuse protection orders, officer involved shootings, and de-escalation tactics for police encounters with the mentally ill and special needs populations. In addition to this training, division staff members develop and teach the required 20-hour domestic violence curriculum for new recruits at five of the law enforcement academies within the State. Division staff also provides a domestic violence course for the refresher class at the Mississippi Law Enforcement Officers Training Academy as well as investigator courses at MLEOTA and the North Mississippi Law Enforcement Officers Training Academy. The division also works with a number of reserve officer academies, including those in Hinds, Simpson, and Rankin counties as well as the Columbus and the Tupelo reserve officer academies. Training was also provided for dispatchers and TAC officers. During FY2016, the division trained more than 3,400 law enforcement officers, investigators, and dispatchers Annual Report Page 19

20 Sexual Assault Nurse Examiner (SANE) he division continues to partner with the Mississippi Coalition Against Sexual Assault in its T efforts to train medical professionals to perform the forensic examination on patients who present as victims of sexual assault. Nurses and physicians who perform the forensic examination must do so in a manner that preserves the chain of custody for the evidence collected during the examination and must be prepared to testify effectively. The 40-hour Sexual Assault Nurse Examiner-Adult/Adolescent (SANE-A) course teaches the medical professional how to navigate both the medical and legal landscape associated with forensic examinations. Division staff serves on the faculty for the SANE program which offers three SANE-A courses per calendar year in the north, south, and central parts of the state. In FY2016, the division, in collaboration with the Coalition Against Sexual Assault, developed a forty-hour pediatric SANE (SANE-P) course which was offered once during the fiscal period. During FY2016, seventy-seven (77) nurses participated in and completed course requirements to become SANE trained. Judges, Court Clerks and Prosecutors ivision staff has been active in assisting the judicial system and providing guidance on the laws D related to domestic violence, the protection order process, stalking, strangulation, sexual assault, and human trafficking. Division staff members are regular presenters at annual judicial and court clerk conferences or association meetings. Division staff has also conducted regional training sessions for court clerks on the Uniform Domestic Violence Offense Report and the Mississippi Protection Order Registry. During FY2016, division staff provided training for approximately 350 judges and court clerks. The division has two prosecutors on staff, who serve as the state s Violence Against Women Resource Prosecutors along with a third prosecutor who implements the Encouraging Sexual Assault ARREST project described below and who serves in a part-time capacity as the human trafficking coordinator. All work closely with prosecutors around the state to help facilitate the successful prosecution of domestic violence, human trafficking, and sex crime offenders. Division staff regularly presents at the conferences organized by the Mississippi Prosecutors Association and the Attorney General s Prosecutor Training Division. Division staff trained or otherwise provided instruction to approximately 255 prosecutors on various aspects of state law related to domestic violence, sexual assault, strangulation, human trafficking, revenge, and forfeiture by wrongdoing. Other Initiatives n addition to the training outlined above, the division trained many other professionals, I including social workers, advocates, private attorneys, community members, and faith-based groups reaching an additional 691 people. Along with training and education in a classroom or conference setting, the division serves as the centralized resource for matters pertaining to domestic violence, sexual assault, stalking, strangulation, and human trafficking. Division prosecutors and advocates provide individualized responses to inquiries from law enforcement, prosecutors, judges, and other professionals related to Mississippi laws on domestic violence, stalking, strangulation, human trafficking, and sexual assault. The division has also been instrumental in the development and passage of legislation pertaining to domestic violence, sex crimes, and human trafficking. Division staff also represented the Attorney General s Office on the Mississippi Human Trafficking Task Force which was charged with reviewing and making recommendations regarding the state s response to human trafficking Annual Report Page 20

21 Technical Assistance Mississippi Protection Order Registry and Mississippi Uniform Domestic Violence Offense Reporting System he division operates and oversees a statistical database which includes a central registry for T domestic abuse protection orders in addition to uniform domestic violence offense reports. Technical assistance is provided to court clerks and law enforcement personnel on the operation of the Mississippi Domestic Abuse Protection Order Registry and the Uniform Domestic Violence Offense Reporting system. The technical assistance includes providing assistance to court clerks and law enforcement personnel on the entry of data into the database, making sure passwords are issued and operating appropriately, and troubleshooting with individual agencies as problems arise. During the fiscal period, technical assistance was provided to more than 1,500 persons by multiple division personnel. During FY2016, 3,559 domestic abuse protection orders were entered into the registry by court personnel. During the same period, law enforcement submitted 10,796 domestic violence uniform offense reports into the database. The division also is charged with making sure domestic abuse protection orders are validated to ensure that protection orders can also be maintained in the FBI s NCIC database. This requires close communication with Mississippi s Criminal Information Center, the courts, and the TAC officers for every county. During FY2016, division staff validated 710 Domestic Abuse Protection Orders. Resource Materials echnical assistance is provided through the development and distribution of statewide T resource materials related to laws, policies, and practices on the topics of domestic violence, stalking, and sexual assault. In addition, the division creates and disseminates the uniform protection order forms as well as the uniform petition for requesting protection. Prosecution T he division also provides prosecution assistance to local prosecutors statewide upon request. Typically, a request to prosecute a case for a local prosecutor s agency arises when the prosecutor and/or agency has a conflict of interest. Prosecutions may also be initiated by division prosecutors when the investigation of a case is turned over to the Attorney General s Office. During FY2016, division prosecutors prosecuted one misdemeanor domestic violence case in county court (verdict pending) and indicted one felony sex crimes case, which is pending trial in FY Annual Report Page 21

22 Human Trafficking he position of Human Trafficking Coordinator is housed within the Bureau of Victim Assistance T and is responsible for evaluation of state efforts to combat human trafficking, collection of data on human trafficking activity within the state, promotion of public awareness on human trafficking, remedies and services for victims, development and implementation of rules pertaining to management of the relief for Victims of Human Trafficking Fund, and development of training. The training is developed for law enforcement, prosecutors, judges, and others in the legal system, as well as members of the community. Training is focused on the various forms of human trafficking. The Human Trafficking Coordinator and other division staff presented on the topic of human trafficking at the following events: Brandon Methodist Human Trafficking Conference, Brandon MS Paralegal Association Conference, Jackson Courage House Human Trafficking Conference, Ridgeland Bruce Women s Club, Bruce North MS FBI Task Force on Human Trafficking, Oxford Women Voter s League, Jackson In-service Training for Greenwood/Leflore Co. Hospital, Greenwood Catholic Charities Conference, Jackson Hinds Community College Seminar on Human Trafficking, Raymond Smith-Robertson Museum Workshop on Human Trafficking, Jackson Galloway Methodist Church Civic Event, Jackson Holmes County Civic Event, Lexington During FY2016, the division received and followed up on approximately 26 tips/calls regarding possible human trafficking cases follow-up for these tips/calls consisted of making contact with the reporting parties to obtain additional information and, where the tip/call indicated likely human trafficking activity, taking additional investigatory steps. Encourage Sexual Assault ARREST Project T his grant project is supported by a U.S. Department of Justice grant which was awarded to the Attorney General s Office in October Under grant requirements, the Attorney General s Office must implement the grant in partnership with the Mississippi Coalition Against Sexual Assault (MSCASA). Persons coordinating the grant project for the Attorney General s Office include a special assistant attorney general and an investigator. The primary goal of the grant is to improve the way sex crimes in Mississippi are investigated and prosecuted. ARREST Project personnel are charged with developing and providing training for law enforcement officers and prosecutors as well as creating uniform policies and procedures that can be implemented statewide Annual Report Page 22

23 Encourage Sexual Assault ARREST Project (cont) Personnel with the ARREST project also provide investigation and prosecution assistance as needed. Other goals under the project include increasing the number of SANEs (sexual assault nurse examiners) employed by Mississippi hospitals. To accomplish this goal, grant money is used to fund scholarships for nurses to attend the 40 hour SANE course that the Attorney General s Office and MSCASA provide multiple times per year. During FY2016, 15 scholarships were provided to nurses to enable them to attend the course. In addition, continuing legal education courses for attorneys will be developed and offered free of charge throughout the state. Officer Involved Shootings Course The division partnered with United States Department of Justice, RCTA, and LEAPS to develop and offer a course for law enforcement on officer involved shootings. Five such courses were offered during the fiscal period in the following locations: Columbus, Gautier, Robinsonville, Greenwood, and McComb. More than 400 law enforcement officers attended the training events. Safe with Dignity: Crisis Intervention through De-escalation for Police Encounters with the Mentally Ill and Special Needs Populations (SaDi CID) Project The division has also developed the SaDi CID project ( Safe with Dignity: Crisis Intervention through De -escalation for Police Encounters with the Mentally Ill and Special Needs Populations) in collaboration with Pine Belt Mental Health and with advisory assistance from the Mississippi Department of Mental Health. The project is designed to bring together local law enforcement with their community mental health partners in each mental health region. The project will provide instruction to law enforcement on recognizing mental illnesses and special needs and on appropriate de-escalation tactics when law enforcement officers encounter these populations. Training under this project will begin in August 2016, and instruction for the course is provided by investigators from the Attorney General s Public Integrity Division. Crime Victim Compensation Division he Crime Victim Compensation Division provides financial assistance and support services to T victims of crime and their family members. The goal of the Division is to relieve the hardships of victims and to assist in their recovery whenever possible. These goals are achieved through several program activities including but not limited to: financial assistance through the Crime Victim Compensation Program, reimbursements to medical providers through the Sexual Assault Medical Forensic Exam Payment Program, and aiding victims of domestic violence, sexual assault and stalking in keeping their location confidential through the Address Confidentiality Program. Revenue is derived from fees/fines imposed on criminals, court-ordered restitution, reimbursement though subrogation rights, donations, and federal grants. Victim Compensation Program The financial burden of crime is reduced by reimbursing eligible victims for their crime related injury expenses not covered by any other source of benefits. Compensation may be awarded to the victim, the dependents of a deceased victim, survivors, or a person authorized to act on behalf of the victim, and/or surviving dependent. Benefits are awarded for medical care, rehabilitation, counseling services, work loss, loss of support for dependents of homicide victims, tuition loss, domestic violence relocation and temporary housing assistance, court related travel, repair and replacement costs, crime scene cleanup, and funeral expenses. From July 1, 2015, through June 30, 2016, the division received a total of 1,171 claim applications and awarded $3,747, The division received a $750, Victims of Crime Act (VOCA) Victim Compensation federal grant from the U.S. Department of Justice, Office for Victims of Crime Annual Report Page 23

24 Victim Compensation Response Form s a way to assist the division in its ongoing efforts to continually enhance program effectiveness, A participants awarded compensation benefits were sent a Victim Compensation Response Form. These response forms reflected numerous positive remarks including but not limited to the following: I really appreciate the love and care you give helping victims in need. Thank you for offering guidance, support and financial assistance during my time of need. May God bless each of you. Thank you for helping us with this money. I appreciate all you have done for us. I had to borrow this money, and, without your help, I had no way to pay it back. I appreciate your help during this time. Your help lifted a big weight off my family s shoulders. Thank you for helping me get back on my feet. The process was easy and the staff really cared about my son and me. Thank you for your gracious and timely response. I was feeling raped and robbed all over again when medical bills came in. I am very relieved and grateful to you for taking care of this. The customer service rendered was efficient, courteous and prompt. I am very grateful for the care and attention shown on the claim for my son. Sexual Assault Medical Forensic Exam Payment Program F rom July 1, 2015, through June 30, 2016, the division paid a total of $138, to medical providers for costs of 197 Sexual Assault Medical Forensic Examinations. By law, the victim should not receive the bill for the exam, nor should the victim be held responsible for payment Annual Report Page 24

25 Address Confidentiality Program (ACP) T he Address Confidentiality Program, as one part of an overall safety plan, assists Mississippi residents who are attempting to escape from actual or threatened domestic violence, sexual assault, or stalking by establishing a confidential address in an effort to prevent their assailants or probable assailants from finding the victim s location. Program participation allows the division to act as the legal agent for the participant and gives the division the authority to accept service of process on behalf of the participant. The Address Confidentiality Program helps victims keep their location confidential by providing them with a substitute address and a mail forwarding service for use when interacting with state and local agencies. All legal documents, first class, registered, and certified mail are routed from the division to the victim's new confidential location. By law, the addresses of those enrolled in the Address Confidentiality Program are exempt from the Mississippi Public Records Act. Outreach, Public Awareness and Community Involvement raining continues to be an ongoing and integral component of the division. Staff conducted or T participated in a total of 58 trainings and awareness events. Those trainings and/or events included but were not limited to Mississippi Prosecutors Association Training, Youth Leadership Conference, Sexual Assault Nurse Examiner Trainings through the Mississippi Coalition Against Sexual Assault, National Guard Sexual Assault Advocate Training, Mississippi Law Enforcement Officers Training Academy, Simpson County Law Enforcement Officers Training Academy, Mississippi Sheriffs Association, Jackson State University, Alcorn State University, and the Mississippi Funeral Directors and Morticians Association. The division continues to co-host and/or participate in Annual Crime Victims Rights Week events and the Annual Tree Lighting Ceremony. During these events, individuals from across the state come together to remember, honor, and pay tribute to victims of violent crime, to bring awareness to the needs of and services for crime victims, to promote the Crime Victims Bill of Rights, and to recognize the many individuals who provide much needed service and assistance to victims and survivors alike Annual Report Page 25

26 2016 Annual Report Page 26

27 CIVIL LITIGATION DIVISION Positive outcome in 95 percent of Civil Litigation cases in federal and state courts Positive outcome in 100 percent of prisoner complaints filed in federal courts Recovered $1,934, for state and local taxpayers in audit and ethics matters, including recoveries for cities and counties Significant litigation cases handled by the Civil Litigation Division or that are pending include the following: Protecting Important Statewide Interests Jackson Women s Health Organization and Willie Parker, M.D. v. Mary Currier, M.D., M.P.H., in her official capacity as State Health Officer of the Mississippi Department of Health (U.S. Dist. Ct., S.D. Miss.) The Civil Litigation Division represents State Health Officer Mary Currier, M.D., M.P.H. in a lawsuit filed by a Mississippi abortion clinic challenging the constitutionality of House Bill 1390, which requires all physicians associated with an abortion facility to have admitting privileges at a local hospital and to be board certified in obstetrics and gynecology. In 2012, the district court entered a preliminary injunction barring the State from enforcing the admitting privileges requirement of HB Dr. Currier appealed, but in 2014 the Fifth Circuit affirmed. On June 28, 2016, after holding Dr. Currier s petition for certiorari for over 16 months without action, the U.S. Supreme Court ruled that a similar Texas law was unconstitutional, and declined to accept Dr. Currier s appeal. The case has now been returned to the district court for further proceedings. Metal Management Mississippi, Inc. v. Governor Haley Barbour (U.S. Dist. Ct., S.D. Miss.) To curb the epidemic of metal theft, the legislature enacted new regulations on companies that purchase scrap metal. A scrap metal purchaser filed suit in federal court asserting the law violated the federal Constitution. The purchaser sought a preliminary injunction prohibiting the law from taking effect. The Civil Litigation Division filed a memorandum in opposition to the requested relief. After a lengthy oral argument, the federal court denied the purchaser s request to stay the law. In light of the arguments presented by the division, the purchaser later dismissed the suit in its entirety Annual Report Page 27

28 Protecting Important Statewide Interests (cont) John Ravenstein v. Elisha Ravenstein (Hankins) In the Supreme Court of Mississippi (No TS SCT). This Civil Litigation Division was asked by the Mississippi Supreme Court to file a brief addressing the constitutionality of certain child support statutes. After briefing, the Supreme Court did not declare the statute to be unconstitutional. Dallas Swanson v. State of Mississippi, Department of Public Safety and the Mississippi Highway Patrol (Lauderdale Chancery Court). The Civil Litigation Division successfully defended the administrative procedures followed by the Mississippi Department of Public Safety for the suspension of drivers licenses. City of Jackson v. The Mississippi Fire Personnel Minimum Standards and Certification Board (Hinds County Chancery Court). The City of Jackson Fire Department filed suit against the Mississippi Fire Personnel Minimum Standards and Certification Board (MSCB) alleging the MSCB did not have the statutory authority to require firefighter candidates pass written and skills testing as a pre-condition to certification. The City argued that the Board did not have the express or implied statutory authority to administer a certification test because the word test does not appear in the Board s governing statutes. In defense, the Civil Litigation Division filed a motion for summary judgment, and successfully argued that because the Legislature required the MSCB utilize the National Fire Protection Association (NFPA) fire service professional qualification standards that certification testing of every graduate from every fire academy was within the Board s authority. The chancery court agreed with the Civil Litigation Division and ruled in favor of the MSCB. Jackson County, Mississippi, by and through Jackson County Board of Supervisors, and Jackson County, Mississippi, by and through Jackson County Sheriff s Department and Sheriff Mike Byrd v. Public Employees Retirement System of Mississippi (PERS) (Jackson County Chancery Court). The Civil Litigation Division represented PERS in an action filed by Jackson County, Mississippi challenging an administrative decision by the PERS staff that Jackson County s employee leave policies did not comply with state law and regulatory requirements. The chancery court preliminarily enjoined PERS from enforcing its regulation, but after the Mississippi S. Ct. accepted PERS interlocutory appeal, the parties resolved this dispute by settlement. Kitsaa Stevens v. Hood; Lorra Bond White v. Attorney General Jim Hood (Hinds County Circuit Court). These related cases involved appeals of the ballot titles assigned by the Attorney General s Office to a pair of proposed initiatives to permanently adopt the current state flag by constitutional amendment. The circuit court found in favor of the State and denied both of these appeals 2016 Annual Report Page 28

29 Protecting Important Statewide Interests (cont) Richard Jordan, et al. v. Marshall Fisher, et al. (U.S. Dist. Ct. S.D. Miss). The Civil Litigation Division and the Criminal Division are jointly defending this suit brought by condemned death row inmates who are challenging the constitutionality of the State s three drug lethal injection execution protocol. The district court preliminarily enjoined the State from carrying out executions using the protocol, but on the State s appeal, the Fifth Circuit reversed and vacated the injunction. This case is now proceeding in discovery in the district court. Plaintiffs have caused ancillary proceedings to be filed in federal courts in three additional states by seeking information from the departments of corrections in Georgia, Missouri, and Texas concerning those States lethal injection protocols and drug suppliers. Each of those States is vigorously defending its interests to prevent disclosure of this highly sensitive and confidential information. Litigation Against the United States Environmental Protection Agency (Various Federal Courts). The Civil Litigation Division has participated in several lawsuits challenging rules adopted by the United States Environmental Protection Agency. For example, in 2012, the Division joined other states in challenging the EPA's new Clean Air Act regulations. On June 29, 2015, the United States Supreme Court agreed with the position advocated by Mississippi and other states by finding that the EPA interpreted the Clean Air Act unreasonably when it deemed cost irrelevant to the decision to issue new regulations. See State of Michigan, et al. v. United States Environmental Protection Agency, - U.S. -, 135 S.Ct. 1541, 191 L.Ed.2d 558 (2014). In 2008, the Mississippi Attorney General's Office filed suit challenging the EPA's primary and secondary National Ambient Air Quality Standards for ozone. See Mississippi v. E.P.A., 744 F.3d 1334, 1341 (D.C. Cir. 2013). That litigation was partially successful. Although the federal court did not find the standard to be overly harsh, as argued by Mississippi and others, the federal court did reject the arguments by other parties which challenged the standards as too lenient. The Division has also joined other states in a pending challenge of an EPA rule requiring 35 states, including Mississippi, to revise startup, shutdown, and malfunction emission provisions in their state implementation plans. The petition was filed in the D.C. Circuit Court of Appeals and has been consolidated there with other similar challenges to the rule. The Attorney General has also joined multiple states in challenging the federal government s Clean Power Plan which establishes different target emission rates from existing fossil fuel-fired power plants for each state, with an overall projection of a 32% reduction in emissions from 2005 by the target date in A decision from the D.C. Circuit Court of Appeals is expected in the case at any time since briefing is completed, and oral argument was held on September 27, The United States Supreme Court has stayed implementation of the Plan pending the D.C. Circuit s opinion. Also, the Attorney General joined Texas and Louisiana in challenging the new EPA/Army Corps of Engineers' rule regarding the definition of "waters of the United States" under the Clean Water Act (CWA). The new rule redefines "waters of the United States" to expand CWA jurisdiction by an estimated 4.65 percent. The case has been consolidated with several others in the Sixth Circuit Court of Appeals, which stayed implementation of the new rule pending resolution of the litigation Annual Report Page 29

30 Recovering Funds Due the State In re: Oil Spill by the Oil Rig Deepwater Horizon in the Gulf of Mexico, on April 20, 2010 (U.S. Dist. Ct. E.D. La.) The landmark settlement between BP and the Gulf States and the United States over damages resulting from the 2010 Deepwater Horizon disaster was finalized and the case on behalf of the State of Mississippi concluded on April 4, 2016, after nearly six years of pursuing all legal recourse by the Attorney General s Office, Governor s Office, Mississippi Department of Environmental Quality, and other affected state agencies. Combined with $659 million in early funding, Mississippi is receiving a total of nearly $2.2 billion in compensation for economic and environmental injuries inflicted on the State and its natural resources. Under the $1.5 billion agreement with BP, Mississippi will receive approximately $183 million in Natural Resource Damage Assessment payments and approximately $582 million in Clean Water Act penalties under the RESTORE Act. Mississippi will also receive $750 million in economic damages, and the initial $150 million payment was received by the State on July 1, Mississippi Division of Medicaid v. Allegiance Specialty Hospital of Greenville, LLC (Washington County Circuit Court). The Civil Litigation Division recently filed suit on behalf of Medicaid to recover over $148,000 in unpaid hospital assessments and civil penalties, and the case is pending in state court. The Division is preparing to file suit on behalf of Medicaid against five other hospitals to recover over $371,000 of additional unpaid assessments and civil penalties. Patients' Choice Medical Center of Humphreys County v. Robinson (United States District Court); (Hinds County Chancery Court) The Civil Litigation Division represented the Division of Medicaid in suits filed by Patients' Choice Medical Center of Humphreys County. In May 2007, Medicaid began withholding payments to Patients' Choice on all claims submitted by it for behavioral health services because of suspected fraud and/or abuse and/or willful misrepresentation. After auditing Patients' Choice, Medicaid determined that Patients' Choice had obtained $4,082, in improper payments. Patients' Choice filed suit in federal court seeking an injunction preventing Medicaid from recouping the improper payments. The district court, after reviewing the arguments made by Civil Litigation, denied Patients' Choice's request for a preliminary injunction. Following the district court's rejection of its request for an injunction, Patients' Choice voluntarily dismissed its suit. Subsequently, Patients' Choice sued Medicaid in Hinds County Chancery Court seeking a temporary restraining order stopping Medicaid from re-auditing; asking the Chancery Court to declare that the claims for behavioral health services that it had submitted were lawful under Medicaid's regulations; and requesting an injunction lifting the suspension of payment for behavioral health services. The Chancery Court denied Patients' Choice's petition for a restraining order on the ground that Patients' Choice was asking it to intervene in an ongoing administrative proceeding. The Civil Litigation Division filed a Motion to Dismiss on behalf of Medicaid. Patients' Choice abandoned its Chancery Court lawsuit and proceeded to challenge Medicaid's audit in the administrative proceeding. Ownership of the hospital was subsequently transferred back to Humphreys County Annual Report Page 30

31 Recovering Funds Due the State C. Delbert Hosemann, Jr. Secretary of State for State of Mississippi, Poplarville Special Municipal School District and Pearl River County School District v. Harold Simmons (Pearl River County Circuit Court). The Civil Litigation Division represented the Secretary of State in a lawsuit to maximize the return on 16 th Section school lands for the benefit of Mississippi schoolchildren. Two Mississippi school districts contracted with a logger to cut timber on 16 th Section school lands. After receiving an anonymous tip that the logger was not paying for all the timber he was cutting from the school lands, the Secretary of State, the Mississippi Department of Agriculture, and the Mississippi Forestry Commission jointly investigated and determined that approximately $300,000 worth of additional timber had been cut, but not paid for, by the logger. The Division reached a favorable settlement with the logger s insurance company, and the local district attorney obtained a criminal indictment and subsequent guilty plea related to the same events. Pursuant to the guilty plea the logger will serve 30 consecutive days, followed by 48 weekends in Pearl River County Jail, and will also pay restitution in the amount $26,000. Mississippi Surplus Lines Association v. J.K. Stringer, Jr. (United States District Court). Pursuant to statutory authority, the Mississippi Commissioner of Insurance has enlisted the assistance of the Mississippi Surplus Lines Association (MSLA) in regulating certain insurance agents. By statute, the Commissioner authorized MSLA to collect a fee from agents in order to fund MSLA s operating expenses. By 2004, MSLA accumulated a significant excess of statutory fees, and legislation was passed requiring MSLA to transfer $2 million of its excess statutory fees to the Budget Contingency Fund. MSLA filed suit in federal court asserting that the statutory fees were private property that could not be taken by the State. After extensive briefing by both parties, the federal district court ruled for the State and adopted the Civil Litigation Division s argument that the $2 million in statutory fees are the property of the State. MSLA appealed the decision to the Fifth Circuit Court of Appeals. The Fifth Circuit Court of Appeals agreed with the Division and affirmed the district court Annual Report Page 31

32 Defending State Agencies and State Statutes Gordon Justice v. Delbert Hosemann (United States Court of Appeals for the Fifth Circuit). The Civil Litigation Division successfully defended a constitutional challenge to Mississippi s campaign finance disclosure laws. Plaintiffs filed a suit alleging that state campaign disclosure laws, which require persons spending more than $200 to influence elections to disclose their expenditures, violated their First Amendment rights. The federal district court had ruled in favor of the Plaintiffs and enjoined enforcement of the law. The Division appealed, and a unanimous opinion of the Fifth Circuit overturned the district court and affirmed the constitutionality of Mississippi s campaign finance disclosure laws. Denning, et al. v. Barbour, et al. (United States District Court). In response to the significant increases in the cost of prescription drugs provided by the Division of Medicaid, the Legislature enacted a number of cost-saving measures, including reducing the number of prescriptions covered by Medicaid to five per month for adult non-institutionalized beneficiaries. A class of Medicaid beneficiaries filed suit in federal court seeking to prohibit the Division from enforcing the drug limitation. Plaintiffs alleged that the statutory changes violated the federal 1990 Medicaid Drug Rebate Act. The Civil Litigation Division has represented the Division of Medicaid and defended the statutory changes through extensive briefing and several court hearings. To date, the office has persuaded the federal court not to order the drug limitation lifted, thereby saving the State millions of dollars per month. United States v. State of Mississippi (United States District Court); K.L.W. v. James (United States District Court); J. A. v. Barbour (United States District Court). The Civil Litigation Division represented the Department of Human Services in suits filed by the United States Department of Justice and private plaintiffs relating to the operation of the Columbia and Oakley juvenile training schools. The suits relate to the conditions of confinement and allege, in part, that the constitutional rights of juveniles were being violated because of staff abuse, inadequate medical and health care, and the failure to provide required educational services. Under the direction of the governor and in consultation with the legislature, the State has entered into a comprehensive settlement with the United States Department of Justice requiring the DHS to improve the conditions of the juvenile training schools. The DHS implemented the changes required under the settlement and the case has now been dismissed Annual Report Page 32

33 Defending State Agencies and State Statutes (Cont) Olivia Y., et al. v. Barbour, et al. (United States District Court). New York based Children s Rights, Inc. has filed suit alleging that the foster care system administered by the Department of Human Services violates federal law and the constitutional rights of children by failing to provide adequate protective services and other related foster care benefits. The Civil Litigation Division moved to dismiss the complaint and argued that the allegations raised by Children s Rights were not proper legal issues under federal law. The federal court agreed in large part and dismissed seven out of the eight claims. The dismissal significantly reduced the size of the plaintiff class from 15,000-20,000 children to the approximately 3,000 children in foster care. Because of the number of documents involved in this very large class action, the Civil Litigation Division has enlisted the assistance of outside counsel. At the direction of the governor, in consultation with the legislature, and with the approval of the federal district court, the state has entered into a settlement agreement requiring the Department of Human Services to achieve accreditation by the National Council on Accreditation and make other improvements to foster care. Miss. State Democratic Party, et al. v. Haley Barbour, et al. (U.S. Dist. Ct., N.D. Miss.). The Democratic Party filed suit challenging the constitutionality of the state s current open primary laws. The federal district court denied the party s request to enjoin enforcement of the laws during the 2006 primaries. After cross-motions for summary judgment, the federal court declared the open primary laws to be unconstitutional. The Civil Litigation Division, along with other parties, appealed the decision to the Fifth Circuit Court of Appeals. The Court of Appeals reversed the district court decision and reinstated the state s open primary laws. Defending State Employees Sued for Alleged Violations of Federal Law James Wess v. Wanda Holman, et al. (U.S. Dist.Ct., S.D.Miss). Plaintiff, an inmate in the custody of the Mississippi Department of Corrections, brought this suit alleging a violation of the Eighth Amendment. Specifically, the plaintiff alleged that defendants, correctional officers employed by the MDOC, failed to protect him from an attack by fellow inmates. A bench trial was held before United States Magistrate Judge Linda Anderson. After all the evidence was presented, judgment was entered in favor of the state defendants. La Tidtus Jones v. Daniel Lawson, et al. (U.S. Dist.Ct., S.D.Miss). This civil action arose when the plaintiff, an inmate at the South Mississippi Correctional Institution in Leakesville, brought suit alleging that correctional officers at SMCI used excessive force on him during a search for contraband in violation of his constitutional rights. At the conclusion of the bench trial, United States Magistrate Judge Michael T. Parker found in favor of the state defendants Annual Report Page 33

34 Defending State Employees Sued for Alleged Violations of Federal Law Derrick Stokes v. Tamala Bolton (U.S. Dist.Ct., S.D.Miss). The plaintiff, an inmate at the South Mississippi Correctional Institution, alleged in this civil rights lawsuit that his legal mail was tampered with by state employees, resulting in plaintiff missing his deadline to appeal his underlying criminal conviction. After a bench trial on the merits of plaintiff s claim, United States Magistrate Judge Michael T. Parker ruled in favor of the state defendants and found no mail tampering occurred. Eric Jones v. Tyeasa Evans, et al. (U.S. Dist.Ct., S.D.Miss). The plaintiff was an inmate at the East Mississippi Correctional Facility and refused to take medication for his mental and emotional issues. This case arose from plaintiff s complaint that his constitutional rights were violated when psychotropic drugs were forcibly administered by prison officials. A motion for summary judgment was filed on behalf of the state defendants. United States Magistrate Judge Linda Anderson granted the motion and dismissed the plaintiff s claim with prejudice. Horace Ervin v. Ronald King, et al. (U.S. Dist.Ct., S.D.Miss). The plaintiff, an inmate at the South Mississippi Correctional Institution, alleged that correctional officers falsely imprisoned him in a very restrictive unit at the prison based on a false charge that he was in possession of contraband. A motion for summary judgment was filed on behalf of the state defendants, and United States District Judge Keith Starrett granted the motion and dismissed the case with prejudice. Wayne Charles Hogg v. Dr. Ron Woodall, et al. (U.S. Dist.Ct., S.D.Miss). This alleged violation of a constitutional right arose when the Plaintiff, an inmate in the custody of the Mississippi Department of Corrections, brought suit alleging that prison officials were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. A motion for summary judgment was filed on behalf of the state defendants, and United States District Judge Keith Starrett granted the motion and dismissed the case with prejudice. David O. Carney v. Derrick Lewis (United States District Court). The plaintiff became aggressive and verbally abusive towards a state trooper who had stopped him for speeding. After multiple warnings, the trooper placed plaintiff under arrest for speeding and disorderly conduct. In justice court, plaintiff was found guilty of speeding and one count of disorderly conduct. The plaintiff appealed the disorderly conduct conviction to circuit court where it was ultimately dismissed two years later. The plaintiff then sued the state trooper in federal court pursuant to 42 U.S.C for violation of his civil rights, false arrest, malicious prosecution, and retaliation. The district court granted summary judgment in favor of the state trooper, dismissing all claims with prejudice. As demonstrated above, the prisoner litigation team has been successful in defending a large number of claims including but not limited to claims of excessive force, deliberate indifference to an inmate s need for protection from harm, deliberate indifference to an inmate s serious medical needs, retaliation claims, violations of an inmate s right to due process, and many others which are primarily resolved at the motion stage Annual Report Page 34

35 Ensuring the Orderly Administration of Elections In the weeks preceding an election, numerous suits were filed in which plaintiffs asked a court to issue immediate orders enjoining all or part of an election. The plaintiffs asserted arguments, including alleged violations of the federal Voting Rights Act and the state and federal constitutions. In each case, the Civil Litigation Division successfully defended the actions, and the elections proceeded as planned: Jim Arnold v. State Election Commission (Hinds County Chancery Court) Shawn O Hara, et al. v. Secretary of State (U.S. Dist. Ct., S.D. Miss.) Henry Boyd Jr., et al. v. Haley Barbour, et al. (U.S. Dist. Ct., S.D. Miss.) Floydist James Martin v. Haley Barbour, et al. (Consolidated with) Henry Kirksey et al. v. Haley Barbour, et al. (U.S. Dist. Ct., S.D. Miss.) George Dunbar Prewitt, Jr. v. State Board of Election Commissioners (Washington County Circuit Court) George Dunbar Prewitt, Jr. v. Eric Clark, Secretary of State, et al. (Washington County Circuit Court) George Dunbar Prewitt, Jr. v. State Board of Election Commissioners (U.S. Dist. Ct., S.D. Miss.) Leola Strickland, et al. v. Eric Clark, et al. (Hinds County Chancery Court) Jim Giles v. State Board of Election Commissioners (U.S. Dist. Ct., S.D. Miss.) Orly Taitz, et al. v. Democrat Party of Mississippi, et al. (U.S. Dist. Ct., S.D. Miss.) At the conclusion of the election, the Division obtained a writ of mandamus requiring the Noxubee County Board of Election Commissioners to canvas its election returns and report the results after the Board refused to certify the county s election. Jim Hood, et al. v. Sylvester Tate, et al. (Lauderdale County Circuit Court). Prior to the general election in Wilkinson County, the Division was called upon to obtain a writ of mandamus against Wilkinson County election officials who had announced their intention not to conduct the election. Jim Hood, et al. v. Chantel Morris (Wilkinson County Circuit Court) Annual Report Page 35

36 Employment Related Litigation and Defense of State Officials The Civil Litigation Division devotes a significant amount of time and resources each year to defending state agencies and officials against discrimination actions, excessive force suits, and other litigation in which plaintiffs seek monetary damages. The Civil Litigation Division successfully defended the following cases: Ernest Ward v. Mississippi Department of Corrections (U.S. Dist. Ct. S.D. Miss.) James Brock v. Mississippi Department of Education (U.S. Dist. Ct. N.D. Miss.) Nora Houston v. Mississippi Department of Human Services (U.S. Dist. Ct. S.D. Miss.) Jacqueline Mitchell v. Mississippi Department of Human Services (U.S. Dist. Ct. S.D. Miss.) Kimberly Beaty v. North Mississippi Regional Center and Frank Dodds (U.S. Dist. Ct. N.D. Miss.) Lynette Banks v. Mississippi Department of Education (U.S. Dist. Ct. S.D. Miss.) Sharon Paige v. Mississippi Department of Corrections (U.S. Dist. Ct. S.D. Miss.) Protection of Charitable Assets Pursuant to the Attorney General s duty to protect charitable assets, each year the Civil Litigation Division reviews transactions in which non-profit or charitable hospitals sell all or part of their assets to for-profit health care providers. In addition, the division filed suit in DeSoto County Chancery Court to protect multi-million dollar Maddox Foundation located in Mississippi from being forced by Tennessee entities to move to Nashville. The DeSoto Court enjoined the Foundation from transferring its assets out of the state. Because of the litigation initiated by this office, the Maddox Foundation and the State of Tennessee were able to reach a settlement ensuring the continued existence of the Foundation in Mississippi. Jim Hood v. Maddox Foundation, et al. (DeSoto County Chancery Court) Annual Report Page 36

37 AUDIT SECTION In the fiscal year 2016, the Office of the State Auditor has recovered $1,934, with the help of the Civil Litigation division of the Attorney General s Office. Among the cases which the Audit Section of the Civil Litigation Division assisted are the following: Sheriff, Charles Rinehart: On June 18, 2015, a formal demand in the amount of $181, was issued regarding funds relating to the Justice Center and the Alcorn County Jail. In addition to the demand, $67, was recovered and paid to the Mississippi Department of Corrections. On December 1, 2015, the Alcorn County Board of Supervisors voted to resolve and reallocate $81,639.96, towards the principal amount of the demand. North Mississippi Pipe Solutions, Jimmy Mitchell: On December 2, 2014, Mitchell was indicted on 32 felony counts. A formal demand in the amount of $95, was issued on December 3, On September 8, 2015, Mitchell was sentenced to five years in custody of MDOC and he was ordered to pay restitution in the amount of $95, Mitchell must complete one year in the intensive supervision program. Pending success in the program, he will be placed on 4 years of post -release supervision. For fiscal year 2016, payment in the amount of $95, has been received, balance paid in full, and returned to the appropriate deserving entity. Purchase Clerk, Paul Rhodes: On December 2, 2014, Rhodes was indicted on 13 felony counts in state court. A formal demand in the amount of $77, was issued on December 3, On May 8, 2015, Rhodes paid $2, to the Board of Supervisors for reimbursement of unauthorized health insurance premiums. On September 8, 2015, Rhodes was sentenced to five years in custody of MDOC and he was ordered to pay restitution in the amount of $72, On February 11, 2015, Rhodes pleaded guilty to fraud in federal court and was sentenced to 28 months in prison, three years of probation and ordered to pay $5, in restitution. The federal sentence is to run concurrently with his state sentence. For Fiscal Year 2016, payment in the amount of $80, has been received from the bonding company, balance paid in full, and returned to the appropriate deserving entity. Rhodes is currently serving time in the Federal Bureau of Prisons. Supervisor, Dal Nelms: On December 2, 2014, Nelms was indicted on 156 felony counts. A formal demand in the amount of $308, was issued on December 3, On September 8, 2015, Nelms was sentenced to 30 years in custody of MDOC, with 12 years to serve, and 18 years suspended. Upon his release, he will be placed on five years of post-release supervision. For Fiscal Year 2016, payment in the amount of $100, has been received from the bonding company, leaving a balance of $208, Nelms is currently serving time in MDOC Annual Report Page 37

38 AUDIT SECTION (Cont) Former Town Clerk, Marquita Payne: A formal demand in the amount of $70, was issued on August 25, On October 1, 2015, Payne was sentenced to serve one year in the intensive supervision program. Upon completion, Payne shall serve nine years of probation under MDOC. She was also ordered to pay restitution in the amount of $70, For Fiscal Year 2016, payment from her bond company has been received in the amount of $50,000.00, leaving a balance of $20, Former Mayor, Greg Davis: A formal demand in the amount of $170, was issued on November 2, A second formal demand was issued on April 20, 2012, for an additional $11, For Fiscal Year 2012, payment in the amount of $96, was received, and $11, credit for receipts was given, leaving a balance of $73, A civil case was tried and on May 20, 2014, the Hinds County Chancery Court ruled in favor of the State Auditor s Office and ordered Davis to repay $73, The Mississippi Court of Appeals upheld the Hinds County Chancery Court's ruling and the Mississippi Supreme Court denied Certiorari. Mr. Davis has filed bankruptcy. Former Mississippi Department of Health Employee, Crystal Harris: On February 5, 2016, an informal demand was issued in the amount of $4, For fiscal year 2016, payment in the amount of $4, has been received, demand paid in full, and returned to the appropriate deserving entity Annual Report Page 38

39 CONSUMER PROTECTION DIVISION 2016 Consumer Protection Division Accomplishments Responded to 54,613 phone calls for assistance placed to the division Collected $1,426, in restitution Recovered $ 203, in costs and fees Average restitution per investigator $285, Opened 1,504 cases Opened 185 identity theft cases Opened 14 home repair fraud cases Made 2 home repair fraud arrests Made 6 intellectual property crimes arrests Made 15 identity theft arrests Made 10 additional arrests (i.e. mail fraud, wire fraud, false pretense) reated by statute in 1974, the Consumer Protection Division is charged with administering the C Consumer Protection Act. The Act, codified at et seq., provides enforcement tools for the division to address unfair or deceptive trade practices as well as unfair methods of competition. The division handles a wide range of complaints from consumers throughout the State of Mississippi. These complaints involve various forms of consumer misrepresentations or fraud, including lottery and sweepstakes scams, misrepresentations related to new and used car sales, deceptive advertising, unfair business practices, and more. The division fields thousands of calls and s each year. The division oversees the investigation and prosecution of identity theft, home repair fraud, intellectual property crimes, and other criminal statutes. The division promotes consumer awareness through participation in civic group functions, student lectures, law enforcement seminars, and other presentations throughout the state, as well as publishing and distributing public education brochures. Mediation of business complaints and investigation of deceptive business practices constitutes a large part of the division s activities. To carry out its mission, the division is also authorized to exercise various types of civil enforcement activities, including administrative subpoenas, assurances of voluntary compliance, injunctions, and collection of civil penalties Annual Report Page 39

40 CONSUMER EDUCATION EFFORTS he Consumer Protection Division presented numerous speeches, presentations, and exhibits T across Mississippi in an effort to educate consumers regarding: scams, identity theft, intellectual property theft crimes, disaster related crimes, home repair fraud, and mortgage/foreclosure issues. Some of the events included: Shred-It Campaign, Copiah County Triad Day, Carthage Senior Citizens Day, Lawrence County Senior Citizens Day, Woman's Club of Terry, and the Senior Wellness Fair at the Jackson Convention Complex. Other presentations were presented at Biloxi Garden Nugget, Jackson-Loyal Order of Moose, Ocean Springs Rotary Club, Natchez Convention Center, Church of the Good Shepherd, Clarksdale Civic Center, Carroll County Extension Office, the Clarksdale-Coahoma Community College, as well as many other locations. Highlights of Consumer Education Efforts Shred It and Forget It Campaign Mississippi consumers joined the fight against identity theft during the 10th annual statewide Community Shred Days on March The event was held at six locations throughout the state in conjunction with National Consumer Protection Week. Consumers shredded personal documents at no charge, courtesy of Iron Mountain, Premiere Shredding, and Shred-It companies. Shredding events were held at six locations across the state on Friday March 11, in Jackson and Tupelo and on Saturday March 12, in D'Iberville, Hattiesburg, Meridian, and Vicksburg. Consumers were invited to bring up to three bags or boxes of sensitive documents to be shredded. In addition to shredding documents, Magnolia Data Solutions was at the Jackson location on Friday, March 11. Consumers brought their electronic items containing sensitive data to be destroyed for no cost. There was no limit on the amount of equipment. Assistance Provided during years of Shred-It Citizens Helped 9,000 Mississippians Sensitive Information 511,000 pounds of paper containing personal information. Shred it & Forget it! 2016 Annual Report Page 40

41 Shred It and Forget It Campaign (Cont) Since the shredding partnerships began, more than 9,000 Mississippians have been protected by shredding more than 511,000 pounds of paper containing personal information. This partnership, combined with the hard work of volunteers, has saved many Mississippians from becoming victims of identity theft. Additional partners included: AARP, BancorpSouth, Better Business Bureau, Brightview Federal Credit Union, Center for Justice, Central Mississippi Planning and Development District, The Home Depot, Iron Mountain, The Leadership Council on Aging, Magnolia Data Solutions, Members Exchange Credit Union, Mississippi Credit Union Association, Mississippi Department of Human Services Division of Aging and Adult Services, Mississippi State University Extension Service, Money Management International, Premier Shredding, Inc., Shred-It, Secretary of State's Office, Sunbelt Federal Credit Union, TAGMA, Trustmark Bank, Wal-Mart, and other Mississippi Consumer Partnership members. Consumer Protection Division Offers Information and Assistance to Flood Victims In March, representatives from the division were in Washington, Pearl River, and Coahoma counties providing important consumer protection information and answering questions from consumers affected by recent flooding. The Attorney General's staff provided educational materials related to home-repair scams and natural disaster recovery. Also, consumers were able to pick up free copies of sample contracts that homeowners can use when contracting for post-flood home repairs. Employees of the Consumer Protection Division were available to meet with consumers who wished to file consumer complaints or had other consumer-related questions Annual Report Page 41

42 SIGNIFICANT MULTI-STATE INVESTIGATIONS MoneyGram Payment Systems, Inc.: Mississippi joined 48 states and the District of Columbia in a settlement with Dallas based MoneyGram Payment Systems, Inc., resolving a multistate investigation which focused on complaints of consumers who used MoneyGram's wire transfer service to send money to third parties involved in schemes to defraud consumers. The settlement had two main components. First, MoneyGram agreed to maintain and continue to improve a comprehensive and robust anti-fraud program designed to help detect and prevent consumers from suffering financial losses as a result of these types of fraud induced wire transfers. Second, MoneyGram agreed to pay a total of $13 million dollars to the states to fund a nationwide consumer restitution program and for the states' costs and fees. Mississippi's portion of costs and fees totaled $20,000. State of Mississippi ex rel. Jim Hood, Attorney General vs. Education Management Corporation, et al.: Through a lawsuit filed in Hinds County Chancery Court, Fifth Judicial District, Mississippi joined 38 other states and the District of Columbia in an agreement with the for-profit education company Education Management Corporation (EDMC). This agreement significantly reformed EDMC's recruiting and enrollment practices, and forgave more than $1,229,321 in student loans for approximately 1,358 Mississippi former students. The settlement was the result of a multistate investigation regarding complaints that EDMC lured prospective students into its programs with misrepresentations concerning its accreditation, selectivity, graduations rates, placement rates, transferability of credit, financial aid, veteran's benefits, and licensure requirements. United States of America, et al. vs. HSBC North America Holdings Inc., et al.: Nearly 500 Mississippi homeowners received compensation as part of a $470 million joint statefederal settlement with HSBC to address mortgage origination, servicing, and foreclosure abuses. The settlement provided various forms of relief to borrowers in need of assistance, including direct payments for past foreclosure abuses and loan modifications. The settlement with the mortgage lender and servicers also establishes rigorous mortgage servicing standards and grants oversight authority to an independent monitor. The settlement includes Mississippi, 48 other states, the District of Columbia, and the federal government. Acquisition of Family Dollar by Dollar Tree: A multistate investigation was initiated to monitor the acquisition of Family Dollar by Dollar Tree and any potential harmful effects it might have on consumers. Family Dollar and Dollar Tree agreed to certain compliance measures, including notifying the states if they plan additional store closures. The State of Mississippi received $20, for time and expenses. These funds can be used for consumer protection and antitrust enforcement, for other uses at the sole discretion of the Attorney General, and as allowed by law Annual Report Page 42

43 SIGNIFICANT INVESTIGATIONS/LITIGATION Coastal Tax : This Mississippi company experienced a data breach. After the State's ongoing intervention, Coastal Tax notified impacted consumers. They also entered into an assurance of voluntary compliance with the office to better protect the personal information of consumers and paid the office for costs in the amount of $2,000. This payment can be used by the Attorney General of Mississippi for attorneys' fees, costs, or for future enforcement and consumer education efforts. Google Inc. vs. Jim Hood, Attorney General of the State of Mississippi, in his Official Capacity: With reason to believe that the business practices of Google, Inc. unlawfully allowed consumers to buy counterfeit goods, purchase illegal drugs or view copyrighted materials, or other illegal content, the Attorney General issued an administrative subpoena to Google in October The subpoena sought information about Google's platforms, its advertising, and its efforts to protect consumers against illegal content. The company filed a lawsuit seeking to prevent the Attorney General from enforcing the subpoena. The district court granted Google's injunction, but the U.S. Court of Appeals for the Fifth Circuit reversed, finding that Google's lawsuit against the Attorney General should be dismissed. HOME REPAIR FRAUD Larry Samuels pleaded guilty in Hinds County to embezzlement under contract and received 10 years with seven suspended and three years to serve. He was required to pay $2,300 in restitution to the victim. Ben Gonzal was arrested for home repair fraud and embezzlement under contract. He is charged with deceiving victims into thinking there was black mold in their HVAC/AC home system when there was none and for receiving $7,000 but doing no work. Gonzal was indicted in Harrison county on February 1, INTELLECTUAL PROPERTY CRIMES Henry Davis of Bruce, was arrested by agents of the Mississippi Attorney General's Office. He is charged with possession of counterfeit goods with the intent to sell. Davis was arrested following a joint investigation involving the Consumer Protection Division and the Pontotoc Police Department. A tip from a concerned citizen led authorities to Davis. During the investigation, it was discovered that Davis was allegedly selling counterfeit textile goods within the city limits of Pontotoc. Several different types of counterfeit goods, including NFL hats, jerseys, purses, and wallets were also seized during his arrest. If convicted, Davis faces up to five years in prison and $10,000 in fines Annual Report Page 43

44 INTELLECTUAL PROPERTY CRIMES (con t) Saleh Alsoufi pleaded guilty to the sale of counterfeit goods in Jones County Circuit Court in November He was sentenced to five years in prison with those five years suspended and five years post-release supervision. He was ordered to pay court costs of $882.50, and he forfeited $26, and several firearms to the Attorney General's office. Marcus Wright pleaded guilty to possession with intent to sell counterfeit goods in Leflore County Circuit Court in April Wright was sentence to five years in prison with five years suspended and five years post release supervision. He was also ordered to pay $500 to the Attorney General's Investigative Fund. Henry Ozugha entered a guilty plea in February 2016, to one count of possession with intent to sell goods bearing counterfeit trademark or label. Ozugha was sentenced to three years suspended, three years post-release supervision, followed by 18 months unsupervised probation, ordered to pay $382.50, court costs, and a $1,000 fine. Monica Ozugha pleaded guilty in February 2016, to one count of possession with intent to sell goods bearing counterfeit trade mark or label. Ozugha was sentenced to three years suspended, three years post-release supervision, followed by eighteen months unsupervised probation, ordered to pay $382.50, court costs, and a $1,000 fine. Mildred Jones pleaded guilty in Lee county in August of 2015, to possession of counterfeit DVDs/CDs. Jones was sentenced to three years with three suspended and three years post release supervision. ID Theft Passports help eligible victims of identity theft Brochures, guides, speakers, and educational efforts help protect consumers! IDENTITY THEFT CRIMES Anthony Alexander pleaded guilty in Lauderdale county in July of 2015, for fraudulent use of identity on four separate indictments. He received five years with four suspended and one year to serve, followed by three years of post-release supervision, to run concurrently on all indictments. Lakesha Johnson was indicted by a Hinds County grand jury for two counts of fraudulent use of identity and pleaded guilty on June 27, Johnson received five years in the custody of the Mississippi Department of Corrections with four years suspended and one to serve Annual Report Page 44

45 IDENTITY THEFT CRIMES (CON T) Undocumented Workers - Seven undocumented workers face deportation after convictions relating to the fraudulent use of identities. Each of the undocumented workers pleaded guilty before Hinds County Circuit Judge William Gowan. Six of the defendants were sentenced to two years in custody of the Mississippi Department of Corrections with the sentences suspended for fraudulent use of identity. Those sentenced are: Ramiro Santiago-Monico, 25, Eduardo Lopez-Cardona, 22, Porfirio Rodriguez-Jimenez, 38, Guillermo Garcia-Cruz, 39, Carlos Begigno Garcia-Perez, 20, and Juan Chacon-Ramirez, 34. In addition, Joel Hernandez Rodas, 25, pleaded guilty to identity fraud. Judge Gowan sentenced Rodas to the equivalent of two years suspended. These convictions form the basis for the deportation of these defendants. An undercover joint investigation involving the Consumer Protection Division and the Department of Homeland Security revealed the seven defendants purchased fraudulent documents and used them to illegally obtain a fake I.D. and employment in Mississippi. OTHER SIGNIFICANT CASES Demonte Finch pleaded guilty to first degree murder in Hinds County on April 19, Fitch was sentenced to 20 years in the custody of MDOC. Mercedes Kelly pleaded guilty in Hinds County on April 21, 2016, to grand larceny and was sentenced to three years suspended, three years post release supervision, and ordered to pay $1,500 in restitution to the victim. G'Qwhaun Ward pleaded guilty to armed robbery on April 21, 2016, and was sentenced to ten years in the custody of MDOC with five years of post-release supervision. This time is to run concurrently with time that Ward was already serving in two additional cases. Antonia Liddle was indicted October 3, 2013, by a Hinds County grand jury for possession of a controlled substance. He is awaiting trial date in Hinds County Circuit Court. Liddle was also indicted December 11, 2014, by a Hinds County grand jury on three counts of attempted aggravated assault and is awaiting trial in Hinds County Circuit Court. Finally, he was indicated by a Hinds County grand jury on July 29, 2015, for four counts of armed robbery and is awaiting trial in Hinds County Circuit Court. Christopher Butler was indicted by a Hinds County grand jury on May 11, 2016, for the crimes of embezzlement, false pretense, and fraudulent use of identity. Butler is awaiting trial in Hinds County. Kenneth Cook was indicted July 30, 2015, in Harrison County. Cook pleaded guilty in circuit court to one count of felony manufacturing and sale of Mississippi driver's licenses on February 17, He was sentenced to three years, suspended for three years reporting probation, and was required to pay $300 to Crime Victim Compensation Fund, a $1,000 fine, and all court costs Annual Report Page 45

46 FEDERAL AGENCY PARTNERSHIPS: ASSISTANCE / PARTNERSHIPS Consumer Protection Division Investigators also partner with federal agencies such as Homeland Security Investigations and the Food and Drug Administration. These partnerships focus on disrupting criminal activity associated with intellectual property, identity theft, human trafficking and smuggling, money laundering, bulk cash smuggling, weapons trafficking and smuggling, financial investigations, technical operations (T-III)/trap and trace assistance, international investigations, cyber crimes, in addition to regulating products to ensure the safety of foods, drugs, biological products, medical devices, cosmetics, radiation-emitting devices, and many other crimes. Lee McDivitt: 2016 Top Cop Award Attorney General Hood recognized Investigator Lee McDivitt for being named a recipient of the 2016 Top Cop Award by the Mississippi Center for Police and Sheriffs. McDivitt has worked for the AG's Office for more than 13 years, first as an investigator in the Medicaid Fraud Control Unit for four years and currently in the Consumer Protection Division. McDivitt has also served as President of the Mississippi Law Enforcement Officers Association for two years. In 2012, McDivitt received the Executive Partnership Award from the federal Department of Homeland Security for his efforts on a major counterfeit drug case. Investigator Doug Tyrone: Investigator of the Year Doug Tyrone, a long time investigator for the Office of the Attorney General, was named Investigator of the Year by Discover Financial Services, Inc., for his dedication to stopping identity theft and other financial crimes. Tyrone is an investigator in Attorney General Hood's Consumer Protection Division. Tyrone was presented the award by Jerry Brown of Discovers Enterprise Threat and Intelligence Management Division. Brown said when presenting the award to Tyrone, "Before I met Doug, I was told that if you wanted to get the job done in Mississippi, you've got to reach out to Doug Tyrone. Since then, I have worked with Doug several times, and I know that's true. Doug Tyrone will work tirelessly to help in any way he can." As an investigator for the Office of the Attorney General, Tyrone helped break up one of the largest stolen and counterfeit check rings in Mississippi history, and he has investigated many international identity thieves. He also aids victims of ID theft in repairing their credit and reclaiming their identity. In addition to his investigative work, Tyrone frequently offers fraud awareness seminars for community and civic groups. He has worked for the Office of the Attorney General for a total of 24 years, and he was also a division director for the Mississippi Gaming Commission Annual Report Page 46

47 CRIMINAL LITIGATION 2016 Criminal Litigation Accomplishments: Appellate Section Filed 328 briefs and 51 miscellaneous responses Had 20 oral arguments Processed 97 extraditions Won 90 percent of cases Death Penalty Section Filed 80 briefs and responses Had 20 oral arguments and/or hearings Won 75 percent of cases he Criminal Division is comprised of some of the most experienced attorneys in state T government. They rely heavily on judicial precedent and have a keen interest in the history and future development of the law. All briefs filed by Criminal Litigation attorneys are carefully researched and precisely argued to ensure that lawful convictions and sentences are upheld by the courts. Criminal Litigation has three areas: Appellate Section, Death Penalty Section, and Federal Habeas Corpus Division. Attorneys in all three sections provide advice and research resources to fellow prosecutors, law enforcement officers, and other public officials, as well as answer general information questions from the public on criminal matters. These attorneys also provide instruction at the Mississippi Law Enforcement Training Academy and at various seminars and conferences for public officials throughout the State of Mississippi. Appellate Section A ppellate Section attorneys represent the state in all non-death penalty criminal appeals and other criminal proceedings in the Mississippi Supreme Court, the Mississippi Court of Appeals, and the Supreme Court of the United States. This section is also responsible for reviewing all extraditions in which Mississippi is either the asylum or the demanding state. During fiscal year 2016, among other various matters, attorneys in the Appellate Section filed 328 briefs and 51 miscellaneous responses in the Mississippi Supreme Court and the Mississippi Court of Appeals, winning 90.3 percent of the criminal cases disposed of by the Supreme Court and Court of Appeals Annual Report Page 47

48 Death Penalty Section T he attorneys in the Death Penalty Section of the Criminal Division represent the State of Mississippi in all courts in defending judgments entered in cases in which the death penalty has been imposed. The attorneys in this section are also called upon to handle post-conviction evidentiary hearings in state circuit courts in death penalty cases Federal Habeas Corpus Division: Filed 153 briefs, responses and motions in the federal courts Represented the State in oral argument in the United States Court of Appeals for the Fifth Circuit and evidentiary hearings in the United States District Courts of Mississippi Won 100 percent of cases either in district court or on appeal. Federal Habeas Corpus Division T he three attorneys in the Federal Habeas Corpus Division represent the State of Mississippi in non-death penalty habeas corpus proceedings in all federal courts. During fiscal year 2016, the attorneys in the section filed 150 answers, motions, and responses in the U.S. District Courts for the Southern and Northern Districts of Mississippi, as well as three briefs in the U.S. Court of Appeals for the Fifth Circuit. This division also represented the State in one oral argument in the United States Court of Appeals for the Fifth Circuit and one evidentiary hearing in the federal district court, as well as participated in numerous telephonic conferences regarding their pending cases in the courts Annual Report Page 48

49 Federal Habeas Corpus Division (Con t) Attorneys in the Federal Habeas Division handle challenges to all non-death penalty convictions and pleas in the State. All briefs and responses filed by the federal habeas attorneys are carefully researched and precisely argued to ensure that lawful convictions and sentences are upheld by the federal courts. In addition, the attorneys in this division also investigate, research, and respond to federal habeas petition challenging pretrial detention, detainers, loss of earned time, or computation of sentence. Like the attorneys in the Criminal Division, this division also provides advice and research resources to fellow prosecutors, law enforcement officers, and other public officials. These attorneys also provide instruction at the Mississippi Law Enforcement Training Academy and at various seminars and conferences throughout the State of Mississippi FEDERAL HABEAS DIVISION A. RESPONSES TO NEW PETITIONS Answers 20 Motions to Dismiss 69 B. RESPONSES AND MOTIONS FILED Oppositions to Motions 26 Misc. Motions and Responses 33 5th Circuit Motions/Responses 1 C. BRIEFS FILED 5TH Circuit 3 D. ARGUMENTS AND EVIDENTIARY HEARINGS 5TH Circuit Arguments 1 Evidentiary Hearings 1 Discovery for Hearing 1 E. OTHER Telephonic Conferences 5 F. COURT RULINGS Habeas Won 90 Habeas Lost 0 (all losses overturned on appeal) 5th Cir Appeals Won 3 Certiorari Denied by USSCT Annual Report Page 49

50 MEDICAID FRAUD CONTROL UNIT 2016 Medicaid Fraud Control Unit Accomplishments: 378 New Medicaid abuse cases opened 50 New Medicaid fraud cases opened 52 Indictments for Medicaid abuse 15 Indictments for Medicaid fraud 56 Arrests for Medicaid abuse 10 Arrests for Medicaid fraud 58 Convictions for Medicaid abuse 6 Convictions for Medicaid fraud he Medicaid Fraud Control Unit (MFCU) of the Mississippi Attorney General s Office has a twofold mission: prosecuting Medicaid fraud committed by medical providers and prosecuting and/or T assisting in the prosecution of the neglect, abuse, and exploitation of vulnerable adults who are patients or residents in health care facilities. MFCU negotiated settlements with numerous providers whose misconduct (e.g., erroneous billing, etc.) had not risen to the level of criminal fraud, but which justified payment of restitution, civil penalties, and/or investigative costs. MFCU recovered restitution and civil penalties from Medicaid providers through investigations and participation in global (multistate) litigation. MFCU received numerous allegations of provider fraud and opened several cases for criminal investigation. Complaints of abuse, neglect, or exploitation in health care facilities are reviewed and processed by the MFCU. These investigations resulted in 428 new cases, 64 convictions, 67 indictments, and 66 arrests for abuse and fraud. In addition to the criminal prosecution and civil litigation, MFCU provides educational programs for state and local prosecutors, health care facility staff, civic clubs, professional organizations, educational institutions, planning and development districts, law enforcement agencies, and health care associations. The unit investigates allegations of neglect, abuse, and exploitation of vulnerable adults and provider fraud throughout the State of Mississippi. MFCU investigators continue to assist local law enforcement agencies and local prosecutors in the peculiarities of prosecuting elder abuse. The state is still faced with an expansion of ever-evolving financial crimes against the elderly. MFCU will continue working with local law enforcement and federal agencies, as well as the various licensing boards to address abuse, neglect, and fraud Annual Report Page 50

51 OPINIONS AND LOCAL GOVERNMENT 2016 Opinions and Local Government Accomplishments: Issued 446 official opinions Returned 89 percent of formal opinions within 30 days or less Spent over 6,000 hours giving advice by telephone and and over 400 hours preparing and conducting seminars around the state Trained local officials in implementation of new laws passed by the legislature T he Opinions and Local Government Division discharges one of the Attorney General's primary statutory duties, i.e., issuing legal opinions of the office to state and local officials, boards, agencies, and their attorneys pursuant to Section The statutory advisor, who resides within this division, analyzes statutes and makes reports to the legislature in accordance with Section The division provides a broad range of training and legal assistance to local officials and reviews and approves interlocal agreements. The division reviews initiative measures proposing constitutional amendments and issues certificates of review pursuant to Section et seq. Upon request, the division also consults with legislative drafting staff regarding proposed legislation. In FY 2016, the division issued 446 official opinions. Of these, 89 percent were issued within 30 days after the request was received. As always, the great majority of these opinions were issued to local governments. These opinions dealt with every facet of government, including purchasing, personnel, taxing, budgeting, contracts, insurance, retirement, elections, separation of powers, solid waste, garbage, gaming, constitutional issues, and many more. A total of nine opinions were issued to legislators. Support to State and Local Officials T he Opinions and Local Government Division is a primary source of support to public officials, public employees, and the attorneys who represent them through training as well as direct advice. This section spent more than 6,000 hours giving general advice by telephone or in fiscal year More than 400 hours were spent in preparing and conducting seminars and programs across the state for local officials and their attorneys. The Opinions Division provides year-round support to the legislature and legislative staff, as well as to all agencies of state government. This support is manifested both in direct advice to agency officials and in assistance to other Attorney General lawyers directly assigned to the agencies. Attorneys in this division also serve as hearing officers for state agencies Annual Report Page 51

52 Elections T he Attorney General's Office participates in training sessions for election officials throughout the state. Training is conducted for circuit clerks, election commissioners, and party executive committee members. The division works with the Office of the Secretary of State to enforce violations of campaign finance laws. Open Meetings and Public Records T he division helps public officials understand and comply with the open meetings and public records laws through continuing education programs, by responding to telephone inquiries from state and local officials, members of the public, and by working closely with the Mississippi Ethics Commission. Capitol, State of Mississippi 2016 Annual Report Page 52

53 PROSECUTOR TRAINING DIVISION 2016 Prosecutor Training Division Accomplishments: Provided training to more than 877 prosecutors, investigators, victim assistance coordinators, and check unit personnel Offered 39 hours of continuing legal education to Mississippi prosecutors he Prosecutor Training Division of the Attorney General s Office, in conjunction with the T Mississippi Prosecutors Association, identifies, develops, and implements training and resource programs for prosecutors (within the State of Mississippi) and their supporting personnel. In addition, this division monitors criminal law as it develops in our state legislature and alerts district attorneys, city and county attorneys, youth court prosecutors, and assistant attorneys general regarding criminal justice legislation. Under the direction of Attorney General Jim Hood and the Mississippi Prosecutors Association, curriculum and number of classes continue to expand. Prosecutor Training offers two major statewide conferences every year for all prosecutors, with specialized training in up to six tracks which run concurrently. Each breakout track allows training sessions to target specific groups of prosecutors. Examples include youth court prosecutors, or a narrowly tailored curriculum such as DUI, drugged driving, or domestic violence training. In addition to prosecutors, the division provides training for investigators, victim assistance coordinators, worthless check, and pre-trial diversion units. Throughout the year, the division offers smaller conferences such as a municipal prosecutor conference and a separate district attorney and assistant district attorney conference. Our conferences are held at no cost to prosecutors. Training funds cover speakers fees, lodging, food,and travel expenses. Training funds are also used to send prosecutors to out-of-state training opportunities. The Mississippi Prosecutors Association is governed by a board of directors with District Attorney Hal Kittrell of the Fifteenth Judicial District serving as President for The Prosecutor Training Division consists of Camala Wyatt, Director and Patty Pettis, Assistant. Prosecutor Training has worked diligently to provide knowledgeable speakers from the State of Mississippi as well as nationally recognized presenters and timely topics to our members. This year Prosecutor Training trained 877 prosecutors, investigators, victims assistance coordinators, and check unit personnel and offered 39 hours of continuing legal education to Mississippi prosecutors. This division maintains a successful list-server to assist in the exchange of information between prosecutors and supporting personnel. This includes exchanging information on points of law, expert witnesses, national criminal justice trends, and requests for assistance on various issues. Case updates from the United States Supreme Court, the Mississippi Supreme Court, and the Mississippi Court of Appeals are sent out through the list-server. The office also assists in conducting legal research as needed, including actual trial assistance Annual Report Page 53

54 To better equip prosecutors and protect state residents, a district attorney state-wide automated case management system known as CRIMES has been developed and is undergoing the final roll-out stage of implementation in several districts. This system allows district attorneys offices to communicate automatically with the Criminal Information Center (CIC) of the Mississippi Department of Public Safety. Prosecutors use this information to share pertinent information on criminals, make crucial charging decisions, and track criminals in our state Conferences and Training Separate specialized DA/ADA, Municipal and Youth Court Conferences: Every year, specialized conferences are held offering district attorneys, assistant district attorneys, municipal, and youth court prosecutors training in criminal matters specific to each. Fall and Spring Prosecutors Conference: Two main conferences offer classes for all prosecutors in the state and provide technical assistance to the district attorneys by offering training classes for criminal investigators, victim assistance coordinators, worthless check, and pre-trial diversion personnel. Further, these conferences offer state and national case law updates and provide training for new and senior prosecutors. District Attorney and Assistant District Attorney Summer Training: Prosecutor Training hosted a training for Mississippi s felony prosecutors centered on the prosecution of felony crimes. Classes ranged from Cellular Device Forensics, Forfeiture by Wrongdoing, Search and Seizure Updates, to new criminal laws such as House Bill 585. Youth Court Seminar: The Prosecutor Training Division offered a full day seminar of continuing legal education and youth court hours to Mississippi s youth court prosecutors. This year s seminar focused on current issues affecting Mississippi s youth courts and the nation with classes such as Cyber Bullying, Gang Awareness and Prosecution, DHS Family and Children s Services, and Youth Services Updates. John R. Justice Grant: Prosecutor Training was awarded the JRJ grant for another year. This funding is administered by the individual states and is an effort to encourage qualified attorneys to choose careers as prosecutors and public defenders and to continue in that service. It provides up to a yearly maximum of $10,000 in loan repayment for state prosecutors and public defenders. The aggregate maximum amount is $60,000. It covers loans made under the Higher Education Act of 1965, including consolidation loans. Repayment benefits for grant recipients are awarded by a selection committee to borrowers who agree to remain employed as prosecutors or public defenders for at least three years and exhibit the least ability to pay his or her education loans. The grant awards were distributed on September 30, Annual Report Page 54

55 PUBLIC INTEGRITY DIVISION 2016 Public Integrity Division Accomplishments 156 Investigations opened during fiscal year Complaints received and worked U. S. Marshal Service (USMS) Gulf Coast Regional Fugitive Task Force 27 PID arrest warrants T he staff of attorneys and investigators in the Public Integrity Division (PID) are responsible for the prosecution of several types of criminal cases in the state courts of Mississippi. As its primary mission, PID is charged with the responsibility of investigating and prosecuting public corruption and white collar crime. PID works closely with various state agencies, such as the Auditor s Office and Secretary of State s Office, as well as with federal agencies and local law enforcement in the investigation and prosecution of corrupt public employees or private citizens conducting business with the State in a fraudulent or otherwise illegal manner. The division provides assistance to local law enforcement officials, local prosecutors, and the State s 22 district attorneys in the performance of their duties. Further, PID is charged with the responsibility of impaneling a statewide grand jury to investigate and prosecute large-scale drug violators. PID works with the Mississippi Bureau of Narcotics in investigating and prosecuting large-scale drug organizations through both criminal prosecution and civil forfeiture actions. In addition to its primary mission, the Public Integrity Division includes several units charged with enforcing particular areas of law in this state either independently or in conjunction with local law enforcement and prosecution: Public Integrity, Alcohol and Tobacco Enforcement, Child Desertion, Cyber Crime, DUI Training, Insurance Fraud, and Vulnerable Adult Annual Report Page 55

56 Public Integrity Division (Con t) Convictions / Guilty Pleas Hinds County Man Pleads Guilty to Felony Malicious Mischief Edward Earl Smith Jr. pleaded guilty to one count of felony malicious mischief on April 21, 2016, before Hinds County Circuit Court Judge Jeff Weill. As a condition of non-adjudication Smith was sentenced to five years supervised probation, $250 restitution, and court costs. Hinds County Woman Pleads Guilty to Altering Public Records Kimberly Gibson entered a guilty plea to one count of altering public records, on September 1, 2015, before Hinds County Circuit Court Judge William Gowan. Gibson was sentenced to five years nonadjudicated probation, $1000 fine, $100 to the Mississippi Crime Victim Compensation Fund, and court costs. Warren County Resident going to Prison for DUI Deaths of Two Brookhaven High Students Charles W. Acy was charged with two counts of aggravated DUI resulting in death and was sentenced on November 24, 2015, before Warren County Circuit Court Judge Frank Vollor. Acy was sentenced to 25 years in the custody of the Mississippi Department of Corrections with 15 to serve followed by 10 years post-release supervision on each count. The sentences are to run consecutively with a total number of 30 years to serve. Panola County Man going to Prison for False Pretense Chester Island entered a guilty plea to false pretense on May 19, 2016, before Panola County Circuit Court Judge Smith Murphy. Island was sentenced to 10 years in prison with five years suspended, five years to serve, five years post-release supervision. He was ordered to pay $27, in restitution as well as $100 to the Mississippi Crime Victim Compensation Fund. Hind County Man Pleads Guilty to Auto Theft Derrick Thomas entered a guilty plea to one count of auto theft on April 22, 2016, before Hinds County Circuit Court Judge Jeff Weill, Sr. Thomas was sentenced to seven years in prison with two years suspended, five years to serve, and two years post-release supervision. Additionally, Thomas was ordered to pay $500 to the Mississippi Crime Victim Compensation Fund. Bolivar County Man Pleads Guilty to Felony Armed Robbery Ramon Wesley entered a guilty plea to one count of felony armed robbery on June 6, 2016, before Bolivar County Circuit Court Judge Albert B. Smith, III. Wesley was sentenced to 15 years in prison with 10 years suspended and five years of post-release supervision. Wesley must pay $1,000 to the Mississippi Crime Victim Compensation Fund. Bolivar County Woman Pleads Guilty to Embezzlement by a Public Official Tiffany Watson entered a guilty plea to one count of embezzlement by a public official on May 15, 2016, before Bolivar County Circuit Court Judge Charles Webster. Watson was sentenced to five years in prison with five years suspended, is subject to the completion of the Non-adjudication program, followed by two years of supervised probation, and ordered to pay $ in restitution, $ to the Mississippi Crime Victim Compensation Fund, and court costs Annual Report Page 56

57 Public Integrity Division (Con t) Convictions / Guilty Pleas Hinds County Man Pleads Guilty to Manslaughter Randy Mckee pleaded guilty to one count of manslaughter on April 21, 2016, before Hinds County Circuit Court Judge Jeff Weill. Mckee was sentenced to serve 20 years in prison. Adams County Woman Pleads Guilty to Embezzlement of a Controlled Substance Kimberly Lindsey entered a guilty plea to one count of embezzlement of a controlled substance on May 5, 2016, before Adams County Circuit Court Judge Lillie Blackmon Sanders. Lindsey was sentenced to the Adams County Drug Court Program. Hinds County Woman Pleads Guilty to Armed Robbery, Armed Carjacking and Kidnaping G Qwhuan Ward entered a guilty plea to armed robbery, armed carjacking, and kidnaping on April 22, 2016, before Hinds County Circuit Court Judge Jeff Weill. Ward was sentenced to 10 years to serve with the Mississippi Department of Corrections and 5 years post release supervision. Hinds County Man Pleads Guilty to Attempted Auto Burglary Kadetrix Sumrell entered a guilty plea to one count of attempted auto burglary on February 16, 2016, before Hinds County Circuit Court Judge Jeff Weill. Sumrell was sentenced to seven years to serve with Mississippi Department of Corrections. Neshoba County Man Pleads Guilty to Possession of Marijuana John Brown entered a guilty plea to possession of marijuana on March 17, 2016, before Neshoba County Circuit Court Judge Vernon Cotton. Brown was sentenced to eight years in prison to be suspended upon completion of drug court program and $1500 fine. Adams County Man Pleads Guilty to Aggravated Assault Jordan Johnson entered a guilty plea to aggravated assault on March 28, 2016, before Adams County Circuit Court Judge Al Johnson. Johnson was sentenced to 10 years in prison, with five years suspended, five years post-release supervision, additionally he was ordered to pay $1000 fine, $100 to the Mississippi Crime Victim Compensation Fund, and court costs. Former Mayor of Terry Pleads Guilty to Embezzlement Roderick Nicholson received an amended sentence after pleading guilty to five counts of embezzlement on February 2, 2016, before Rankin County Circuit Court Judge William E. Chapman, III. Nicholson was sentenced to 10 years on each count to run concurrently in the custody of the Mississippi Department of Corrections with nine years suspended, one year of house arrest, followed by five years of supervised probation. Nicholson received credit for time served. He was ordered to pay $1, in court costs, $3,150 for investigative costs to the Office of the State Auditor, and $3, in restitution. Lauderdale County Man going to Prison for DUI Manslaughter Mitchell Roberts was found guilty by a jury of DUI manslaughter January 28, Lauderdale County Circuit Court Judge Lester Williamson sentenced Roberts to 25 years in the custody of the Mississippi Department of Corrections with 18 years to serve, seven years suspended, followed by five years of post-release supervision, and $10,000 in fines and restitution Annual Report Page 57

58 Public Integrity Division (Con t) Convictions / Guilty Pleas Hinds County Man Going to Prison for Gratification of Lust of a 13-Year-Old-Girl Christopher Wilson entered a guilty plea to gratification of lust on September 15, 2015, before Hinds County Circuit Court Judge Winston Kidd. Wilson was sentenced to 15 years in the custody of the Mississippi Department of Corrections with 10 years to serve, five years suspended, followed by three years of post-release supervision. Hinds County Man Pleads Guilty to Aggravated Assault Lamont Ford entered a guilty plea to aggravated assault on September 24, 2016, before Hind County Circuit Court Judge William Gowan. Ford was sentenced to 10 years with nine years five months suspended, seven months to serve, two years supervised probation, and ordered to pay $500 to the Crime Victim Compensation Fund. Hinds County Man Pleads Guilty to Aggravated Assault and Convicted Felon in Possession of a Firearm Jonathan Pryor entered a guilty plea to aggravated assault and convicted felon in possession of a firearm on January 26, 2016, before Hinds County Circuit Court Judge William Gowan. Pryor was sentenced to 10 years in prison with five years suspended and five years post release supervision. Forrest County Man Pleads Guilty to Simple Assault John Kelly Fields, Jr. entered a guilty plea to simple assault by threat on February 11, 2016, before Forrest County Circuit Court Judge Jon Mark Weathers. Fields was sentenced to six months in the Forrest County Jail minus credit for any time served, and ordered to pay $500 fine, $250 to the Forrest County Public Defender s Fund, and $100 Mississippi Crime Victim Compensation Fund. Hinds County Man Pleads Guilty to Possession of Marijuana Mario Heard entered a guilty plea to possession of marijuana on October 27, 2015, before Hinds County Circuit Court Judge Jeff Weill, Sr. Heard was sentenced to three years in the custody of the Mississippi Department of Corrections with three years suspended, three years non-adjudicated probation, $250 fine, and $250 to the Mississippi Crime Victim Compensation Fund. Hinds County Man Pleads Guilty to Possession with Intent Timothy Owens entered a guilty plea to possession with intent on October 27, 2015, before Hinds County Circuit Court Judge Jeff Weill, Sr. Owens was sentenced to two years in the custody of the Mississippi Department of Corrections with two years suspended, two years non-adjudicated probation, $250 fine, and $250 to the Mississippi Crime Victim Compensation Fund. Bolivar County Man Pleads Guilty to Three Counts of Embezzlement Kennedy Johnson entered a guilty plea to three counts of embezzlement on May 20, 2016, before Bolivar County Circuit Court Judge Charles Webster. Johnson was sentenced to six months probation, ordered to pay $1, in court costs, and $1,000 to the Mississippi Crime Victim Compensation Fund Annual Report Page 58

59 Public Integrity Division (Con t) Convictions / Guilty Pleas Hancock County Woman Pleads Guilty to Embezzlement Jennifer Yaniga entered a guilty plea to embezzlement on June 6, 2016, before Hancock Circuit Court Judge Christopher Schmidt. Yaniga was accepted into the Pretrial Intervention Program and was ordered to pay all court costs, $1000 fine, and $300 to the Mississippi Crime Victim Compensation Fund. Lowndes County Man Pleads Guilty to Possession of Cocaine Antwon Jordan entered a guilty plea to one count of possession of cocaine on May 27, 2016, before Judge Lee Coleman. Jordan was sentenced to two years in the custody of the Mississippi Department of Corrections and ordered to pay all court costs. Five Holmes County Men Enter Guilty Pleas Terrance Griffin entered a guilty plea to one count of grand larceny on June 13, 2016, before Holmes County Circuit Court Judge Jannine Lewis-Blackmon. Griffin was sentenced to three years in the custody of the Mississippi Department of Corrections, three years suspended, three years supervised probation, and ordered to pay $376 in court costs, $1000 to the Mississippi Crime Victim Compensation Fund, and $6, in restitution. Thaddus Roby entered a guilty plea to one count of grand larceny on June 13, 2016, before Holmes County Circuit Court Judge Jannine Lewis-Blackmon. Roby was sentenced to three years in the custody of the Mississippi Department of Corrections, three years suspended, three years supervised probation, and ordered to pay $ in court costs, $1000 to the Mississippi Crime Victim Compensation Fund, and $6, in restitution. Sammy Johnson entered a guilty plea to one count of grand larceny on June 13, 2016, before Holmes County Circuit Court Judge Jannine Lewis-Blackmon. Johnson was sentenced to three years in the custody of the Mississippi Department of Corrections, three years suspended, three years supervised probation, and ordered to pay $376 in court costs, $1000 to the Mississippi Crime Victim Compensation Fund, and $6, in restitution. Jeremy Jenkins entered a guilty plea to one count of receiving stolen property on June 13, 2016, before Holmes County Circuit Court Judge Jannine Lewis-Blackmon. Jenkins was sentenced to five years in the custody of the Mississippi Department of Corrections, four years suspended, four years supervised probation, and ordered to pay $376 in court costs, $1000 to the Mississippi Crime Victim Compensation Fund, and $6, in restitution. Shaquille Mabry entered a guilty plea to one count of receiving stolen property on June 13, 2016, before Holmes County Circuit Court Judge Jannine Lewis-Blackmon. Mabry was sentenced to five years in the custody of the Mississippi Department of Corrections, three years suspended, three years supervised probation, and ordered to pay $ in court costs, $1000 to the Mississippi Crime Victim Compensation Fund, and $6, in restitution Annual Report Page 59

60 Indictments/Arrests As with all cases, a charge is merely an accusation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. Lauderdale Man Indicted for Conspiracy, False Pretense, and Wire Fraud James Parker was indicted on May 17, 2015, in Lauderdale County. Parker was indicted on one count each of conspiracy, false pretense, and wire fraud. He is alleged to have received approximately $15,000 from the National Guard Recruitment Program (GRAP). Lauderdale Man Indicted for Conspiracy, False Pretense, and Wire Fraud Sgt. Phillip Mosely was indicted on May 17, 2015, in Lauderdale County. He was indicted on one count each of conspiracy, false pretense, and wire fraud. He is alleged to have received approximately $30,000 from his co-conspirator as a result of GRAP payments to the co-conspirator. Bolivar County Woman Arrested for Wire and Computer Fraud Farrah Randle was arrested on April 6, 2016, for an alleged wire and computer fraud scheme to acquire approximately $54,000 in refunds from the Department of Revenue by filing false payments. Hattiesburg Bail Bond Agent Faces Felony Embezzlement Charges Allen Humphrey was arrested April 21, 2016, for allegedly writing fraudulent bonds while employed as a bail bond agent for Mississippi Bonding Company. Adams County Woman Arrested for Embezzlement of a Controlled Substance Kimberly Lindsey was arrested March 2, 2016, and charged with embezzlement of a controlled substance. Warren County Man Faces Charges of Felony False Pretense Dondi Cotton was arrested on December 3, 2015, and charged with felony false pretense. Lambert Mayor Arrested for Statutory Rape and Gratification of Lust Joe Willie Smith was arrested July 28, 2015, and charged with statutory rape and gratification of lust. Pearl River County Man Indicted for Embezzlement Paul Bradley Holliday was indicted on October 9, 2015, on three counts of embezzlement. Cleveland Police Officer was Arrested for Extortion Melvin Sparks was arrested on October 1, 2015, and charged with extortion by a public official. Bolivar County Man arrested for Armed Robbery Ramon Wesley was arrested on October 1, 2015, and charged with armed robbery. Cleveland Former Collections Clerk Arrested for Embezzlement Tiffany Watson was arrested October 2, 2015, and charged with embezzlement by a public employee. Former Greenville Police Officer Arrested for Death of her Husband Kvonya Moore was arrested on October 14, 2015, and charged with first degree murder Annual Report Page 60

61 Child Support Prosecution Unit B etween October, 2014, and September, 2015, there were 298,172 children born out of wedlock in Mississippi. During that same time period, there were 223,318 Title IV-D cases with support orders. Child support was paid in only 53.2 percent of those IV-D cases. The number of IV-D cases with arrears due during the fiscal year was 199,973. Nationally, only about 69 percent of all child support awards are actually paid. In 2013, 2.6 million (40%) of the 6.5 million custodial parents with child support orders actually received the full amount of child support that was owed to them. The Child Support Prosecution Unit addresses the chronic and persistent issue of parents not providing emotional and monetary support for their children in accordance with Miss. Code Ann The unit seeks cases where great efforts have been made to exhaust all other remedies, where willful nonpayment is evident, and where criminal prosecution will send a strong message to other non-custodial parents that enforcement of support obligations is a priority in Mississippi. Child Desertion Unit Statistical Data: Complaints Received Approx. 230 Disposed Cases: 14 Convictions/Pleas: 11 Indictments: 14 Arrests: 12 Investigations Opened: 14 Restitution/fines/fees awarded: $285, Felony Non-Support Convictions Pleas Jeffrey Abernathy Rankin County On July, 27, 2015, Jeffrey Dexter Abernathy, 42, pleaded guilty to the crime of non-support of a child in the Circuit Court of Rankin County. The court conditionally withheld acceptance of Abernathy s guilty plea on the condition that the defendant satisfactorily serve a term of five years supervised probation under the direct supervision of the Mississippi Department of Corrections. He was ordered to pay all court costs, fees, and assessments in the amount of $481.50, as well as restitution in the amount of $36, at the rate of not less than $ per month Annual Report Page 61

62 Child Support Prosecution Unit, Felony Non-Support Convictions Pleas (Con t) Anthony Lumpkin Warren County On September 29, 2015, Anthony Paul Lumpkin, 37, of Vicksburg, pleaded guilty to the charge of non-support of a child in the Circuit Court of Warren County. The judge conditionally withheld acceptance of the plea and sentenced Lumpkin to serve a term of five years unsupervised probation by the Mississippi Department of Corrections. He was further ordered to pay court costs, state assessments, and restitution to the custodial parent in the amount of $15,000. He will be required to pay $183 per month. Kenneth Ferguson Neshoba County On November 16, 2015, Kenneth James Ferguson pleaded guilty to the crime of non-support of a child in the Circuit Court of Neshoba County. The court conditionally withheld acceptance of Ferguson s guilty plea on the condition that Ferguson satisfactorily serve a term of five years unsupervised probation. He was further ordered to pay the sum of $12, in restitution at the rate of at least $150 per month as well as a $500 fine. Marcus Ball Jefferson Davis County Marcus Ball pleaded guilty to one count of failure to pay child support on January 19, 2016, in the Circuit Court of Jefferson Davis County. The judge sentenced Ball to serve five years in the Suspended Sentence Probation Program. He was ordered to pay $8, in back child support at the rate of at least $100 per month. Richard Davis Itawamba County Richard Davis pleaded guilty to two counts of failure to pay child support on January 19, He was sentenced to five years suspended on each count, to run consecutively, and five years post release supervision. He received three months credit for time served. He was ordered to pay $500 to the Mississippi Crime Victims Compensation Fund. He paid $3,500 at the time of sentencing. The judge ordered Davis to pay $400 per month towards $30, in back child support. Henry Garrett Madison County Henry Garrett pleaded guilty to two counts of failure to pay child support on February 1, 2016, in the Circuit Court of Madison County. He was sentenced to five years suspended on each count to run consecutively and five years supervised probation. He was ordered to pay $100 to the Mississippi Crime Victim Compensation Fund, $32, in restitution, as well as court costs. Doyce Navada Walley Lincoln County Doyce Navada Walley pleaded guilty to one count of failure to pay child support on February 1, 2016, in the Circuit Court of Lincoln County. Walley was sentenced to five years suspended and five years probation. He was assessed a $100 fine and ordered to pay $18,000 restitution to be paid at the rate of at least $300 per month Annual Report Page 62

63 Child Support Prosecution Unit Felony Non-Support Convictions Pleas (Con t) Harold Givens Adams County On March 7, 2016, Harold Givens pleaded guilty to the charge of non-support of a child in Adams County Circuit Court before Circuit Judge Forrest A. Johnson. The court sentenced Givens to three years with the Mississippi Department of Corrections, suspended. Givens was placed on non-reporting probation pursuant to the non-adjudication statute. He will be required to pay $800 in regular child support plus arrears in the amount of $100 monthly. The total amount of arrears owed at the time of sentencing was $33,433. Tracy Harvey Harrison County (Gulfport) On April 11, 2016, Tracy Harvey pleaded guilty to one count of failure to pay child support in Harrison County Circuit Court before Judge Lisa Dodson. He was sentenced to five years suspended, five years of reporting probation, a $500 fine suspended, $300 assessment to Crime Victim Compensation Fund, and restitution in the amount of $38, Harvey will be required to pay at least $700 monthly in addition to his regular support obligation. Houston Earl Webb Lincoln County On May 9, 2016, Houston Earl Webb pleaded guilty to one count of non-support of a child in Lincoln County Circuit Court before Judge Michael Taylor. He was sentenced to five years in the penitentiary, suspended, and five years supervised probation. He was also ordered to pay a $100 fine. Webb was ordered to pay $15, restitution to the custodial parent. Felony Non-Support Convictions Trial Dean Andrews Warren County On May 17, 2016, a Warren County jury returned a guilty verdict against Dean Walt Andrews, Sr. of Warren County. Andrews was charged with and convicted of felony non-support of a child. The allegations the State proved at trial were that Andrews was ordered to pay child support to his minor son and willfully refused to pay child support in excess of $23,610. On June 3, 2016, Andrews was sentenced by Warren County Circuit Judge M. James Chaney, Jr. to five years in MDOC custody, four years suspended, to serve one year in the Intensive Supervision Program, and four years post-release supervision. He was ordered to pay restitution in the amount of $23,610 in addition to his current child support obligation. He was also ordered to pay a $250 fine, court costs, and state assessments. Judge Chaney ordered Andrews to complete 10 hours of community service per month and complete anger management counseling at his own expense while on ISP. The case was prosecuted by Patrick Beasley and Kimberly Purdie. Other: Tierra Ramsey Stone County On January 19, 2016, Tierra Ramsey was sentenced and ordered to pay $18, in back child support as part of plea agreement with the Harrison County District Attorney s office on an unrelated charge. Ramsey had been indicted by the Child Desertion Unit for failure to pay child support in Annual Report Page 63

64 Child Support Prosecution Unit (Con t) Indictments: Raymond McBride Harrison County 7/16/15 ($34,000) Billy Pickell Rankin County 7/23/15 ($23,000) Carl Porter Rankin County 7/23/15 ($23,000) Houston Webb Lincoln County 7/14/15 ($22,000) Harold Givens Adams County 8/3/15 ($8,000) Blake Trenary Lowndes County 8/5/15 ($15,000) Henry Garrett Madison County 8/12/15 ($33,000) Garrett Heusser Lamar County 8/13/15 ($27,000) Collins Hymel Lamar County 8/13/15 ($15,000) Joseph Scott Forrest County 9/2/15 ($10,000) Jeremy Jenkins Holmes County 9/14/15 ($18,000) Joe Coptane Lee County 9/17/15 ($27,000) James Burris Hinds County 10/28/15 ($11,000) Clifton Arnold Pike County 2/25/16 ($25,000) Arrests: Henry Garrett Madison County Jeremy Jenkins Holmes County Doyce Walley Lincoln County Joe Coptane Lee County Richard Davis Itawamba County Byron Gaddis Hinds County Raymond McBride Harrison County Collins Hymel Lamar County Houston Webb Lincoln County Clifton Arnold Pike County Abdalrahim Hasain Harrison County Blake Trenary Lowndes County 2016 Annual Report Page 64

65 Insurance Integrity Enforcement Bureau 2016 Insurance Integrity Enforcement Bureau Accomplishments: $285, Recovered in restitution, reimbursements, investigative costs, court costs, and fees 128 Insurance/Workers Compensation complaints received 92 Insurance fraud complaints received 45 Insurance fraud active investigations conducted 36 Workers Comp Fraud complaints received 21 Workers compensation active investigations conducted 12 Insurance fraud convictions 32 Insurance fraud indictments 14 Insurance fraud cases presented for prosecution 10 Workers Compensation indictments 9 Workers Compensation cases presented for prosecution ationwide more than 7,000 companies collect more that $1 trillion in insurance premiums every year. N The FBI estimates that, not including healthcare claims, insurance fraud is more than a $40 billion a year enterprise. The Coalition Against Insurance Fraud, a private entity, puts that number much higher, including all forms of insurance fraud, at some $80 billion a year. Depending on which statistic you subscribe to, insurance fraud costs the average US family between $700 to $1,000 a year in extra premiums. To protect the interests of the citizens of Mississippi, Mississippi owned businesses, and the State of Mississippi, the Insurance Integrity Enforcement Bureau (IIEB), Mississippi Attorney General s Office, is tasked with the statutory duty of investigating and prosecuting claims of insurance abuse and crimes involving insurance fraud, including Workers Compensation fraud. Additionally, the IIEB staff serves daily as a resource for public and private sector entities and the general public by responding daily to numerous calls, mailings, s, web-based inquiries, concerns, and complaints relating to insurance and Workers Compensation fraud. During the past fiscal year the IIEB has enjoyed a great working relationship with the Mississippi Insurance Department, the Mississippi Workers Compensation Commission, the National Insurance Crime Bureau and its many member insurance companies in Mississippi, private insurance companies in Mississippi and around the country, as well as the many local, state, and federal agencies it has encountered in the continued fight against insurance fraud Annual Report Page 65

66 Insurance Fraud Convictions/Pleas PHILLIP WILLIS: IIEB received information that Capital Risk Insurance (CRI) Agency was paid for an insurance policy but failed to forward the premiums to the insurance company. Willis was indicted and pleaded guilty to false pretense March 14, 2016, in Neshoba County Circuit Court. He was sentenced to 10 years (suspended/consecutive), five years probation, and ordered to pay $11, in restitution. PHILLIP WILLIS: IIEB received information that Capital Risk Insurance (CRI) Agency was paid for an insurance policy, but failed to forward the premiums to the insurance company. Willis was indicted and pleaded guilty to false pretense March 14, 2016, in Neshoba Couunty Circuit Court. He was sentenced to 10 years (suspended/consecutive), 5 years probation, and ordered to pay restitution in the amount of $16, JOSHUA JAMES MARLER: IIEB received a complaint alleging that Joshua James Marlar committed agent fraud specifically by conducting compensation manipulation schemes involving the creation of false and fictitious documents during the enrollment of policies involving Colonial Life and AFLAC. A subsequent investigation and indictment led to a guilty plea. Marlar was sentenced on December 14, 2015, in Alcorn County Circuit Court. He pleaded guilty to one count of insurance fraud and one count of wire fraud. He was sentenced to three years (suspended), three years post release supervision, ordered to pay $196, restitution/fees, and be placed in a restitution center after release from MDOC until restitution is paid. TIFFANY PERKINS: IIEB received a complaint alleging that Tiffany Perkins sold her 2004 Pontiac and reported the same vehicle stolen. Perkins was accused of selling her Pontiac Sunfire to Copart Auto Auctions, Jackson on September 30, 2011, and reporting it stolen on October 20, As a result of the investigation, it was determined that Perkins committed fraud. She was indicted and pleaded guilty to one county of insurance fraud in Hinds County Circuit Court on December 21, She was sentenced to three years of non-adjudicated probation, ordered to pay a $500 fine, restitution in the amount of $5, to USAA insurance, and $100 to the Crime Victim Compensation fund. PAULINA WILKERSON: IIEB received a complaint concerning an insurance claim submitted by Paulina Wilkerson. Unum Group alleged that Paulina Wilkerson obtained disability benefits from an injury she sustained while employed at Community Eldercare Services LLC. Benefits began on May 14, 2012, for $1,800 a month, with the next payment to be made on June 23, It was discovered that Wilkerson gained employment on June 8, 2012, conducted the same job duties, and failed to notify Colonial Life Insurance of her employment while continuing to receive benefits of $1800 a month. Following the investigation and prosecution, Wilkerson pleaded guilty to one county of insurance fraud in Harrison County Circuit Court. She was sentenced to a three year suspended sentence, three years supervised probation, ordered to pay a fine in the amount of $1,000, $100 assessment to the Mississippi Crime Victim Compensation Fund, restitution to Colonial Life & Accident Insurance Company in the amount of $2,820, and reimburse the State General fund in the amount of $2, NICOLE LASTER: IIEB received a referral from Sentry Ins Company alleging that Nicole Laster was suspected of staging an automobile crash. It was further believed that Laster generated a fake witness and forged a towing bill. Laster was indicted and pleaded guilty to one count of insurance fraud and one count of wire fraud on August 25, 2015, in Jackson County Circuit Court. On count one, she was sentenced to three years (suspended), three years supervised probation, fined $1,000, and ordered to pay restitution in the amount of $649. On count two she was sentenced to five years (suspended), three years supervised probation, and fined $1, Annual Report Page 66

67 Insurance Fraud Convictions/Pleas (Con t) JOHN WHEELER: IIEB received a referral from NICB Michael Vitt on behalf of Progressive Insurance in regards to a suspected instance of insurance fraud involving an auto theft claim. During the investigation, it was determined that a fraudulent invoice was remitted for payment to Progressive by John Wheeler of T&J Towing, 1205 Harpole Street, Tunica. On October 16, 2015, Wheeler was sentenced to time served in jail, three years supervised probation, all court costs, $1,500 restitution, $1,000 to the Crime Victim Compensation Fund and a $1,000 fine. SHANA NELSON: Shana Nelson was believed to have made an insurance claim on an automobile with preexisting damage. The investigation confirmed the allegations, and she was indicted. On March 31, 2016, Nelson pleaded guilty to one count of insurance fraud in Pontotoc County Circuit. She was placed on three years supervised probation. She was also ordered to a pay fine of $1,000, $100 to the Crime Victim Compensation Fund, $130 reimbursement for investigative costs, restitution in the amount of $2, to Safeway Insurance Company, and all costs of court. JENNIFER FRANKLIN: Direct Insurance alleged that Jennifer Franklin submitted an altered police report to support a crash claim. She was indicted on one count of insurance fraud and one count of wire fraud in February, During plea negotiations the State agreed to remand the charges to the file provided that Franklin make full restitution to the insurance company. On October 6, 2015, the defendant s attorney submitted a check payable to the Office of the Attorney General in the amount of $5,700. BRENDA MOSLEY: IIEB received a NICB case referral. GEICO suspected Brenda Mosley submitted a fraudulent auto claim. Specifically, information was gained that Mosley renewed a lapsed policy subsequent to a crash, then submitted fraudulent information to GEICO to support that the vehicle in question was covered at the time of the crash. The investigation led to Mosley s indictment on one count of insurance fraud on January 21, Mosley pleaded on June 27, 2016, and was sentenced to three years suspended, three years supervised probation, and a fine of $1,000. KENNETH GEESLIN: Kenneth Geeslin filed a claim with American Property & Casualty stating that he had an accident on December 7, 2013, in his Jeep Cherokee. Investigation revealed that Geeslin s son crashed the vehicle on December 4, Geeslin entered a guilty plea on June 23, He was sentenced to three years suspended, ordered to pay $2,810 restitution, and pay $500 in investigative costs. CHERYL PARKER: GEICO reported that Cheryl Parker committed the insurance fraud on August 18, 2015, by submitting a claim with suspected altered documents. Parker was indicted on January 5, On June 2, 2016, she pleaded guilty to one count of insurance fraud in in Washington County Circuit Court. She was sentenced to five years, suspended subject to the non-adjudication statute, ordered to pay $325 to Washington County, and $500 to the Victim Compensation fund. TWASKIE GRAHAM: In December 2013, Twaskie Graham filed a theft report on a Kubota zero-turn mower and two 4-wheelers. The mower turned up in the possession of an associate who reported it to the Lauderdale County Sheriff s Department. The associate stated he traded Graham a different mower he had purchased from him previously. The serial numbers were removed from the suspect mower; however, IIEB was able to locate alternate numbers and identify the mower as the one Graham reported stolen. A search warrant was served at Graham s residence by IIEB and the two 4-wheelers were also recovered. Graham pleaded to a bill of information and was sentenced to five years supervised probation with MDOC, subject to non-adjudication after completion of the terms of the sentence. Additionally, Graham was ordered to pay a total of $31, in restitution and court costs Annual Report Page 67

68 Insurance Fraud Cases Pending Trial As with all cases, a charge is merely an accusation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. EARNESTINE THORNTON: IIEB received an insurance fraud referral from National Life Group Insurance Company of the Southwest reporting that it was believed that Earnestine Thornton fabricated insurance policies and obtained undue commissions. The referral indicated that Thornton submitted a large number of applications in a short period of time, and policies soon lapsed after their inception. An investigation led to Lee s indictment February 10, 2016, on three counts of insurance fraud and three counts of wire fraud. TORRINO GRIFFIN: IIEB received a referral from the Mississippi State Fire Marshal s Office indicating Griffin submitted false receipts in support of a reported fire loss. An investigation led to Griffin s indictment in April 2016, for one count of wire fraud and one count of false pretense. RANDALL HENSON: IIEB received an insurance fraud complaint from the Sunflower County Sheriff's Department indicating a check was submitted to Mid Delta Insurance Agency (MDIA) in the amount of $1, for a homeowner's insurance premium finance payment. The check was deposited into MDIA's account, but the funds were not sent to the insurance broker. The homeowners were left without coverage, and their home burned on January 11, The home was damaged, and one person was injured. An investigation led to the indictment of Henson April 4, 2016, in Sunflower County on one count of false pretense. RANDALL HENSON: IIEB received an insurance fraud referral against MDIA. The referral alleged that a complainant paid MDIA insurance premiums on three houses, and the premium payments were not forwarded to the underwriters. The complainant provided three payment receipts. Subsequent to an investigation, Randall Henson was indicted April 4, 2016, in Sunflower County on one count of false pretense. RANDALL HENSON: IIEB received a complaint against Randal Henson and MDIA. The complaint indicated that four checks were made to MDIA for premiums totaling approximately $ The premiums were not forwarded to the carrier. Subsequent to an investigation, Henson was indicted April 4, 2016, in Sunflower County, for one count of false pretense. RANDALL HENSON: IIEB received a complaint against Mid Delta Insurance Agency. The complaint indicated that payments were made for approximately $ to Mid Delta Insurance Agency for a home owner s insurance policy; however, the policy was cancelled due to none payment of insurance. It was alleged that MDIA never forwarded the premium payments to the insurance carrier. Subsequent to an investigation, Henson was indicted April 4, 2016, in Sunflower County, MS for one count of false pretense. RANDALL HENSON: IIEB received a complaint against Mid Delta Insurance Agency (MDIA) and Randal Henson. The complainant stated he paid MDIA an insurance premium for his automobile on January 13, 2015, and later learned that his insurance premium had not been paid. Subsequent to an investigation, Henson was indicted April 4, 2016, in Sunflower County, MS for one count of false pretense. DEITRICH NADEAN MOORE: IIEB received an insurance fraud referral from Great American Life Insurance Company alleging that Moore committed fraud. Moore received an appointment from GALIC in March GALIC later received two new annuity applications from Moore along with two checks in the amount of $800,000 and $700,000 from the applicants. Both checks submitted by Moore came back as "insufficient funds. A subsequent investigation led to Moore s indictment January 11, 2016, on two counts of insurance fraud Annual Report Page 68

69 Insurance Fraud Cases Pending Trial (Con t) As with all cases, a charge is merely an accusation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. ARNISHA DEAN: IIEB received a referral alleging that Arnisha Dean submitted a fraudulent claim to Direct Insurance after a reported a motor vehicle crash. An investigation supported allegations that the policy on the automobile for which Dean submitted the claim for was not acquired until after the time of the crash. Dean was indicted by the Holmes County grand jury on February 18, 2016 for one count of insurance fraud. LULA ROBERTSON: IIEB received a complaint alleging that Lula Robertson of Holmes County filed a fraudulent insurance claim following an automobile crash but acquired the policy for which she submitted said claim after the fact of the crash. An investigation into this matter supported the allegations, and Robertson was indicted on one count of insurance fraud by the Holmes County grand jury on October 27, JUNINJA MCGUIRT: Juninja McGuirt filed a claim on a 2002 Chevy Tahoe which was reportedly damaged in a crash the same date as the claim. A subsequent investigation supported allegations that McGuirt provided false information to her insurance company. She was indicted on February 10, 2016, on one count of insurance fraud and one count of wire fraud. ASHLEY LUCASE & CINDY SULLIVAN: Ashely Lucas and Cindy Sullivan were indicted in Smith County, Mississippi, for conspiracy to commit insurance fraud and insurance fraud for allegedly developing a plan to file a fraudulent claim. Both Lucas and Sullivan were indicted on October 26, 2015, on one count of criminal conspiracy and one count of insurance fraud each. KYLE JOHNSON & TORENO GRIFFIN: Kyle Johnson and Toreno Griffin were suspected of staging an accident involving Johnson s Jeep Cherokee and Griffin s Buick Lucerne. A subsequent investigation supported the allegations. Johnson and Griffin were indicted on May 18, 2016, on one count each for criminal conspiracy and one count each for insurance fraud. KYLE JOHNSON/VANOY ADAMS: Kyle Johnson and Vanoy Adams were suspected of submitting a false claim to GEICO for damages to Adams 2005 Mercedes Benz. An investigation supported the allegations. Johnson and Adams were subsequently indicted on May 18, 2016, on one count each on criminal conspiracy and one count each insurance fraud. Workers Compensation Cases Pending Trial GEORGEENA EDWARDS: Information received indicated that Georgeena Edwards may have altered medical records relating to a Workers Compensation claim and submitted said records as true and accurate. She was indicted on April 5, 2016, on one count of workers compensation fraud. RACHAEL & DETRIA VOGLE: It was reported that former Workers Compensation benefits recipient Roy Vogle died in 2011, but that his daughters, Rachel and Detria Vogle appeared to continue receiving the WC payments and care benefits from their father s claim. Rachel and Detria Vogle were indicted on four counts each for Workers Compensation Fraud. Gena Lee: IIEB received a complaint that Gena Lee, a state employee, may have submitted a fraudulent report of injury stemming from a work-related injury and during the claims process made fraudulent assertions and statements. A subsequent investigation supported the allegations. Lee was indicted on June 30, 2016, on one case of insurance fraud, and her case is pending trial Annual Report Page 69

70 CYBER CRIMES UNIT 2016 Cyber Crime Unit Accomplishments 158 New cases opened 12 Convictions he forensics lab under Internet Crimes Against Children (ICAC) standards performed 333 T examinations on 59 separate requests for a total of approximately 65,728 GB of data that were analyzed, including the following media: 65 computers, 80 cellular devices, 16 floppy disk, 44 other external media, and 128 optical disks. The Mississippi Attorney General's Cyber Crime Unit is a multi-jurisdictional, multi-disciplinary agency covering 82 counties. The unit is dedicated to its mission of 1) proactive and reactive investigations, 2) the forensic analyses of electronic evidence, 3) the prosecutions of technological crimes against children, and 4) the education of law enforcement and the public. The Internet Crimes Against Children section of the unit (ICAC) implements strategies for the detection of internet crimes against children by engaging in on-line undercover operations, conducting on-line peer precision searches of ongoing criminal activity, and by expanding technical assistance to law enforcement and prosecutors. ICAC staff members teach and mentor law enforcement students in its training facility that connects 16 laptops to the Internet at a time. Since the ICAC unit was established with a 2007 Department of Justice award, the unit now has 66 local, state and federal law enforcement, affiliate agencies, and multi-disciplinary partners which include the Office of District Attorney Ninth Circuit Court District, Office of District Attorney Nineteenth Circuit Court District, Office of District Attorney Eleventh Circuit Court District, Air Force Office of Investigations (AFOSI), Detachment 407, Adams County Sheriff's Office, Alcorn County Sheriff's Office, Bay St. Louis Police Department, Biloxi Police Department, Brandon Police Department, Brooksville Police Department, Cleveland Police Department, Coahoma County Sheriff's Department, Columbus Police Department, Copiah County Sheriff's Office, Corinth Police Department, D'Iberville Police Department, Desoto County Sheriff's Office, Florence Police Department, Forrest County Sheriff's Department, Fulton Police Department, George County Sheriff's Office, George County School District Police Department, Greenwood Police Department, Guntown Police Department, Hancock County Sheriff's Office, Harrison County Sheriff's Office, Hinds County Sheriff's Office, Horn Lake Police Department, Itawamba County Sheriff's Office, Iuka Police Department, Jackson County Sheriff's Office, Lauderdale County Sheriff's Office, Laurel Police Department, Lee County Sheriff's Office, Long Beach Police Department, Lowndes County Sheriff's Office, Madison Police Department, Meridian Police Department, Mississippi Bureau of Investigation, Monroe County Sheriff's Office, Moss Point Police Department, Newton Police Department, Ocean Springs Police Department, Oktibbeha County Sheriff's Office, Olive Branch Police Department, Petal Police Department, Picayune Police Department, Prentiss County Sheriff's Office, Rankin County Sheriff's Office, Richland Police Department, Ridgeland Police Department, Ripley Police Department, Southaven Police Department, Stone County Sheriff's Office, Tate County Sheriff's Office, Tippah County Sheriff's Office, Tupelo Police Department, Walls Police Department, Warren County Sheriff's Office, Wavelend Police Department, West Point Police Department, Wiggins Police Department, Union County Sheriff's Office, U.S. Department of Justice Northern, and Southern Districts of Mississippi, and US Postal Inspector Annual Report Page 70

71 Cyber Crime Unit (Con t) Cases in which a live child is at the home or there is evidence of physical abuse of a child take priority in the forensics lab. Unfortunately, analysts are finding that offenders who share files in open networks are more sophisticated than offenders who chatted and sent webcam pictures. File sharing offenders store their collections of child pornography on thumb drives, in hard drives with terabyte storage capacity, or wipe their drives. The larger amount of media to be examined on a case increases the amount of time needed to analyze the data for prosecution. Education Efforts 90 Presentations 6612 People attended With the increase in criminal activity on the internet, the Office of the Attorney General has made it a priority to educate Mississippians about the dangers of cybercrime. The safety of children on the internet is seen as a matter of critical importance, and Attorney General Jim Hood has devoted the resources of his office to insure that Mississippi's children will be safe from internet predators. Educational seminars, speeches, and professional trainings are offered across the state by professionals in the Cyber Crime Unit of the office. In addition, the Cyber Crime Unit houses the ICAC Task Force whose mission is to investigate and prosecute those who prey upon Mississippi's children using computer and internet technology. In an effort to reach adults and children with critical messages about internet safety, members of the ICAC unit travel the state making presentations to civic, school, and church groups, as well as training professionals on the dangers inherent in technology. In the fiscal year 2016 members of the ICAC Unit made 90 presentations across the state educating people on the critical issue of online child exploitation. Internet safety presentations were given to 6612 people, including students, adults, members of law enforcement, and other professionals. Topics covered in the various trainings included Internet Safety (for children, tweens, teens, and adults), Cybercrime, Cyberbullying, Sexting, Computer Forensics, Online Grooming, Child and Adolescent Vulnerabilities to Online Crime, Illegal Downloads, and Human Trafficking. With the passage of the new bullying law, the cyber unit will train teachers and students on alternative ways of combating bullying and cyber bullying. Indictments As with all cases, a charge is merely an accusation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. Leroy Bowman, Jr, 26, Humphreys County, 5 counts of child exploitation Jeffrey Davis, 61, Pearl River County, 1 count of child exploitaiton Ronald Donovan, 54, Pearl River County, 3 counts of child exploitation 2016 Annual Report Page 71

72 Cyber Crime Unit Indictments (Con t) As with all cases, a charge is merely an accusation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. Joseph Freeman, 54, Lincoln County, 3 counts of child exploitation Russell Haley, 66, Warren County, 2 counts of child exploitation Brian Kemp, 45, Prentiss County, 11 counts of child exploitation and 1 count of tampering with physical evidence Danny Earl Lester, Jr. 37, Desoto County, 2 counts of child exploitation David Lee Nelson, 69, Madison County, 5 counts of child exploitation David Owens, 39, Pearl River County, 49 counts of child exploitation Eric Deshawn Smith 32, Lauderdale County, 2 counts of child exploitation David Stough, 46, Madison County, 1 count of child exploitation Darryl Vance Warner III, 21, 2 counts of child exploitation Billy Allen Whitfield, 43, Calhoun County, 2 counts of sexual battery and 2 counts of foundling Billy Allen Whitfield, 43, Washington County, 7 counts of sexual battery and 7 counts of foundling FY2016 Convictions Billy Wayne Cobb, 44, of Water Valley pleaded guilty before Yalobusha Circuit Court Judge Smith Murphey to one count of child exploitation. Judge Murphey sentenced Cobb to 20 years in the custody of the Mississippi Department of Corrections with five years to serve, five years of post-release supervision, and 10 years of unsupervised probation. Cobb was ordered to pay $2,000 to the Attorney General s Office for investigative costs and expenses and a $1,000 assessment to the Children s Trust Fund. He must also register as a sex offender upon his release from imprisonment. Kenneth James Cooper, 30, of Collins, pleaded guilty before Covington County Circuit Judge Eddie H. Bowen and was sentenced to 40 years in the custody of the Mississippi Department of Corrections, with five years to serve, and 35 years of post-release supervision. Cooper was ordered to pay $1,000 to the Mississippi Children s Trust Fund and $1,000 to the Mississippi Crime Victim Compensation Fund. Cooper must also register as a sex offender. George Duke 63, of Edwards, pleaded guilty to the charge of child exploitation before Judge William A. Gowan in Hinds County Circuit Court. He was sentenced to 15 years in the custody of the Mississippi Department of Corrections, with 5 years to serve, 5 years of post-release supervision, and 10 years suspended. Thomas Eubanks, 22, of Harrisville, appeared before Simpson County Circuit Court Judge Eddie Bowen and pleaded guilty to one count of child exploitation. Judge Bowen sentenced Eubanks to 40 years in the custody of the Mississippi Department of Corrections with 15 years to serve followed by 25 years of post-release supervision. Eubanks was ordered to pay $1,000 to the Crime Victim Compensation fund and a $1,000 assessment to the Children s Trust Fund. He must also register as a sex offender upon his release from imprisonment Annual Report Page 72

73 Cyber Crime Unit 2016 Convictions (Con t) Nicholas Garrett 29, of Jackson, appeared before Judge William A. Gowan in Hinds County Circuit Court and entered an open plea of guilty to one count of child exploitation. When a defendant enters an open plea, he/she refuses to accept the State s recommendation and instead throws himself/herself at the mercy of the court. Judge Gowan sentenced Garrett to 10 years with 10 years suspended subject to the following conditions: 1) the first two years shall be on non-reporting probation with Mississippi Department of Corrections while on electronic monitoring with MPS, 2) after release from MPS he shall be placed on five years reporting probation with Mississippi Department of Corrections, followed by 3) three years non-reporting supervision. He must also register as a sex offender. Jeremy Gregg, 43, of Hernando, pleaded guilty to charges of child exploitation before Judge Gerald Chatham in DeSoto County Circuit Court. Gregg was sentenced to 10 years with five years to serve and 10 years of post-release supervision. Gregg was ordered to pay $1,000 in fines, $1,000 to the Children s Trust Fund, and must register as a sex offender upon release. He is restricted from owning any computer or smart phone during his post-release supervision. Marcus Wilburn Knight, 50, of West Point, appeared before Clay County Circuit Court Judge Lee J. Howard and entered an open plea of guilty to one count of child exploitation. When a defendant enters an open plea, he/she refuses to accept the state s recommendation and instead throws himself/herself on the mercy of the court. Judge Howard sentenced Knight to serve a term of five years in the custody of the Mississippi Department of Corrections with three years to serve followed by two years of suspension under the terms and conditions of post release supervision. Knight was ordered to pay a $50,000 fine. Additionally, he must register as a sex offender upon his release from imprisonment. Willard Geven Knight, 24, of Pearl, appeared before Rankin County Circuit Court Judge William E. Chapman III and pleaded guilty to one count of child exploitation. Judge Chapman sentenced Knight to 40 years in the custody of the Mississippi Department of Corrections with five years to serve, 35 years suspended, and five years of post-release supervision. Knight must also pay $1,000 to the Children s Trust Fund, $1,000 to the Crime Victim Compensation Fund, and register as a sex offender. Kenath Dwayne Peal, 57, of Horn Lake, Peal pleaded guilty to one count of child exploitation before DeSoto County Circuit Court Judge Robert P. Chamberlin, Jr. Judge Chamberlin sentenced Peal to 20 years in the custody of the Mississippi Department of Corrections, with five years to serve and the remaining time on post-release supervision. Peal was ordered to pay $1,000 to the Mississippi Children s Trust Fund, $1,000 to the Mississippi Crime Victim s Compensation Fund, and must register as a sex offender. Cameron Travelstead 25, of Jackson, was sentenced by Hinds County Circuit Judge Jeff Weil, Jr. on one count of possession of child pornography. Travelstead was convicted by a Hinds County Jury on October 16, 2015, following a week-long trial. Judge Weil sentenced Travelstead to 20 years with 12 years to serve and five years of post-release supervision. He must also register as a sex offender upon release. Travelstead will not be released until October 2027 David Stough 46, of Ridgeland, pleaded gulty to one count of child exploitation before Madison County Circuit Court Judge John H. Emfinger. Judge Emfinger sentenced Stough to 40 years with five years to serve and five years of post-release supervision. He was ordered to pay $1,000 to Mississippi Crime Victim Compensation Fund, $1,000 to the Mississippi Children s Trust Fund, and must register as a sex offender Annual Report Page 73

74 Cyber Crime Unit 2016 Convictions (Con t) Terrence Williams 32, of Clinton, pleaded guilty to one count of child exploitation and one count of possession of child pornography before Madison County Circuit Court Judge William E. Chapman, III. Judge Chapman sentenced Williams to 40 years in the custody of Mississippi Department of Corrections on count one with 10 years to serve and 40 years on count two with five years to serve. The sentences will run concurrently. He was ordered to pay $1,000 to the Crime Victim Compensation Fund, $1,000 to the Children s Trust Fund, and must register as a sex offender. After release, he will serve 5 years on supervised probation and be placed on electronic monitoring. VULNERABLE ADULT UNIT 2016 Vulnerable Adults Unit Accomplishments $349, Court ordered defendants to pay in restitution to victims 2,500 Complaints received and worked 502 Abuse complaints involving physical or sexual abuse 599 Exploitation complaints 1,397 Neglect complaints 1 Other complaint 198 New cases opened 139 Cases resolved and closed and/or closed through criminal prosecution 56 Cases under active investigation 15 Cases referred for prosecution 4 New indictments 10 Convictions Convictions Shanna Tullos, pleaded guilty to one count of felony exploitation in Adams County Circuit Court on August 10, She was sentenced to two years in the custody of MDOC, suspended, with two years of supervised probation. She was ordered to pay $6,500 in restitution to the victim and all costs of the court. Kevin J. Kirk, pleaded guilty to one count of felony exploitation in Jackson County Circuit Court on September 1, He was sentenced to 10 years in the custody of MDOC, five years suspended, followed by five years of post-release supervision. He was ordered to pay $221,950 in restitution to the victim and all costs of the court Annual Report Page 74

75 Vulnerable Adult Unit Convictions (Con t) Lori Hickson pleaded guilty to one count of felony exploitation in Madison County Circuit Court on October 5, She was sentenced to three years in MDOC custody, suspended, with three years of supervised probation. She was ordered to pay $16,000 in restitution to the victim. Kim Scott was found guilty of one count of misdemeanor neglect of a vulnerable person in the Leflore County Justice Court on October 21, He was sentenced to 12 months in the custody of the Leflore County Jail and was credited for time served. Evelyn Whatley entered an open plea to one count of felony exploitation of a vulnerable person in Adams County Circuit Court on November 10, She was sentenced to six years in the custody of MDOC, five years suspended, followed by five years of post-release supervision. As a condition of her suspended sentence, she was ordered to pay $43,980 in restitution to the victim s estate and all costs of the court. Jacqueline Johnson pleaded guilty to one count of felony exploitation in Lincoln County Circuit Court on January 12, She was sentenced to 10 years in the custody of MDOC, suspended, with five years of supervised probation. As a condition of her suspended sentence and supervised probation, she was ordered to pay $36, in restitution to the victim and all costs of the court. Jessica Plaxico pleaded guilty to felony false pretense in the Tippah County Circuit Court on February 5, She was sentenced to 10 years in the custody of MDOC, six years suspended, all remaining time to be served under the habitual offender status, and five years of post-release supervision. She was ordered to pay $7, in restitution to the victim and all costs of the court. Nicole Mata pleaded guilty to one count of exploitation in Adams County Circuit Court on March 14, She was sentenced to five years in the custody of MDOC, three years suspended, followed by three years of supervised probation. She was ordered to pay $1,000 restitution to the victim and all costs of the court. Sharon Sallie was found guilty at trial in Tippah County Circuit Court on one count of conspiracy and one count of felony false pretense on May 11, She was sentenced to five years on the first count and 10 years on the second count to run concurrently and be served under the habitual offender status. She was ordered to pay $15, restitution to the victim and court costs. Judge William Weisenberger pleaded guilty in Madison County Justice Court to one count of simple assault on June 22, He was sentenced six months in the county jail, suspended, followed by three months of supervised probation, followed by three months of unsupervised probation. He was ordered to pay a $500 fine and to serve 100 hours of community service in a designated facility. He also agreed to never seek public office or work in law enforcement again. Indictments As with all cases, a charge is merely an accusation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. Lori Hickson was indicted July 29, 2015, in Madison County Circuit Court on one count of felony exploitation of a vulnerable person. Lisa Bradshaw was indicted July 29, 2015, in Madison County Circuit Court on one count of felony exploitation of a vulnerable person. Dianna Hodge was indicted April 7, 2015, in Hinds County Circuit Court on one count of felony exploitation of a vulnerable person. April Graham was indicted April 7, 2016, in Hinds County Circuit Court on one count of felony exploitation of a vulnerable person Annual Report Page 75

76 DUI UNIT TRAFFIC SAFETY RESOURCE PROSECUTOR 2016 DUI Unit Accomplishments: Prosecuted Lauderdale Co. DUI Manslaughter Case - Defendant convicted of DUI causing death and sentenced to 25 years with 18 years to serve in the custody of the MS Department of Corrections, and five years Post-Release Supervision; Publish Regular DRIVEN DUI Newsletter Update Mississippi DUI BenchBook DUI manual for judges, prosecutors & law enforcement Underage Drinking & DUI Training for schools 1700 Judges, prosecutors, & law enforcement officers trained 8 Cops In Court Trainings at Office of Standards & Training s Standardized Field Sobriety Testing (SFST). Classes included DUI law, mock trial simulations & courtroom preparation 4 A.R.I.D.E.(Advanced Roadside Impairment Driving Enforcement Training) - 2 day training focused on drug-related DUIs, review of Mississippi s DUI statute, and caselaw 3 DUI Law Basics to recruit classes at MS Law Enforcement Training Academy (MLEOTA) 1 SFST instructor school 2 Basic DRE In-service training MS STARS Provided DUI updates State Government CLE Legal update & changes to DUI law Draft Attorney General Opinions relating to DUI law changes Mississippi Prosecutors Association: Provide Mississippi Prosecutors legal updates on DUI and traffic related case law and upcoming changes to the DUI law DUI Drug Presentation, MS Fall Prosecutors Conference Mississippi Judicial College: Fall & Spring Justice Court Judges Conference Provide Mississippi justice court judges with DUI caselaw update and legal update on upcoming changes to the DUI law New Judges Orientation Training Provided DUI Basic Course Municipal Judges Summer Conference Provided municipal judges with legal updates recent DUI and traffic related cases and upcoming changes to DUI law 2016 Annual Report Page 76

77 Dui Unit Traffic Safety Resource Prosecutor (Con t) he DUI Unit is part of the Public Integrity Division of the Office of the Attorney General of Mississippi. The T unit is staffed by one attorney, an office assistant, and two part-time law clerks. The Traffic Safety Resource Prosecutor (TSRP) operates under a federal grant from the Office of Highway Safety/Department of Public Safety Division of Public Safety Planning. The TSRP serves as a prosecutor, a resource, and a liaison, while also providing technical legal assistance, and training to all the State s prosecutors, law enforcement officers, court clerks, and judges. The TSRP coordinates the training of all state prosecutors on traffic safety issues, primarily DUI prosecutions, coordinates joint training of prosecutors with their local law enforcement officers (when possible) during the Standardized Field Sobriety Testing (SFST) classes, and provides legal assistance on matters related to such cases. Assistance includes, but is not limited to: assisting with pre-trial investigations, serving as lead or second chair or assisting in the prosecution of DUI upon request in vehicular homicide, DUI death, or DUI maiming court cases, researching and writing motions and briefs, drafting and assisting with DUI Attorney General opinions, drafting and assisting with DUI legislation, writing and updating the DUI Manual, and preparing a newsletter with hot topic issues of highway safety. The TSRP is available daily to assist prosecutors, court clerks, law enforcement, and judges in DUI and traffic-related cases. The DUI Unit handles approximately six or more technical/legal calls regarding DUI cases or DUI/traffic-related issues from across the state each day. The TSRP is also a regular instructor at the Mississippi Law Enforcement Officers Training Academy (MLEOTA) for the Basic Recruit and Basic Refresher Classes. During the year, the TSRP conducted three classes for approximately 200 officers. Additionally, the TSRP provides Cops in Court testimony training to law enforcement officers during each SFST class offered by the Department of Public Safety (DPS), Office of Standards & Training. The TSRP participated in eight SFST classes which trained approximately 134 officers this year. A.R.I.D.E, which stands for Advanced Roadside Impaired Driving Enforcement, is another training offered to law enforcement officers. This class lasts two days and focuses on DUI Drug cases. The TSRP participated in four A.R.I.D.E. classes which trained approximately 49 officers. The TSRP taught the legal portion of the training, which included providing relevant DUI drug caselaw. The TSRP also teaches the legal section of our state s Drug Recognition Expert (DRE) School, as well as, the legal component of all DRE Certification. In 2008, Mississippi became the 45th DRE State. The DRE officer is highly effective and skilled in the detection and identification of persons impaired by alcohol and/or drugs. A DRE is trained to conduct a systematic and standardized 12-step evaluation consisting of physical, mental, and medical components. Currently, Mississippi has 36 DREs. Two separate eight hour in-service training classes were offered to ensure each obtained the required continuing education for recertification. The TSRP, in conjunction with the Mississippi Judicial College (MJC), provides legal training and caselaw updates on DUI and traffic-related issues to judges statewide. In 2013, the TSRP and MJC completed and published the MS DUI Benchbook, a DUI manual to assist judges, prosecutors, and law enforcement officers. The manual is being updated to incorporate recent changes to DUI laws enacted by the legislature in The TSRP participated in numerous traffic safety organizations and trainings, both statewide and nationally, including the Mississippi Association of Highway Safety Leaders (MAHSL), Sobriety Trained Officers Representing Mississippi (S.T.O.R.M), SFST Instructor School, Mississippi Impaired Driving Task Force, Mississippi Traffic Safety Records Committee, Mississippi STARS (Safety Training and Recognition Symposium), Mississippi Statewide DUI Task Force (based on SB 2777), the National TSRP Training, and the 21st Annual IACP Training Conference on Drugs, Alcohol and Impaired Driving Annual Report Page 77

78 ALCOHOL & TOBACCO ENFORCEMENT DIVISION T he Attorney General s Alcohol and Tobacco Enforcement Division works to ensure compliance with state and federal alcohol and tobacco laws and regulations as they pertain to the sale of those products to minors. The division is accomplishing its objectives through law enforcement activities, regulation, prosecution of violators, education, and training of store owners, managers, and employees involved in the selling of alcohol and tobacco products Alcohol and Tobacco Enforcement Division Accomplishments: 11,663 tobacco checks 2.93 percent Buy rate for division State Unit The state unit of the Alcohol and Tobacco Enforcement Division consists of eight investigators who enforce Mississippi law governing the sale of tobacco and alcohol and the age restrictions of the state statutes. This unit maintains and updates a retail permit list of retailers who sell alcohol and tobacco. Investigators conduct retail training to educate and train owners and employees in proper identification of underage youth as well as state laws governing the sale of alcohol and tobacco products. Retailers with multiple alcohol convictions are submitted to the Department of Revenue for review and possible suspension. This unit works with state agencies as needed to protect our youth from the harmful effects of tobacco and alcohol use. The state unit investigates Gun Compliance Complaints across the state on behalf of the Attorney General s Office to maintain compliance with state gun laws in government facilities Alcohol and Tobacco Enforcement State Unit Accomplishments $94, total fines & court costs 475 retail clerks trained during 223 retailer trainings 6,991 tobacco enforcement checks 2.36 percent buy rate 6,677 alcohol enforcement checks 3.12 percent buy rate 9 cases submitted to Department of Revenue for suspension 16 gun compliance complaint investigations 2016 Annual Report Page 78

79 Alcohol & Tobacco Enforcement Division (Con t) Retailer Training Recognizing that proper training of clerks is an important component in reducing the availability of age restricted products to minors, the division has continued to conduct retailer training sessions. The division conducted 223 retailer training sessions with 475 retailer clerks in attendance. FDA Unit In June 2010, the Mississippi Attorney General s Office was awarded a contract from the Food and Drug Administration Center for Tobacco Products to implement a comprehensive statewide tobacco retailer inspection plan to enforce Federal Law C.F.R. Part 1140, as amended, by the Family Smoking Prevention and Tobacco Control Act. Investigators with the Mississippi Attorney General s Office were recognized by the FDA as being the first in the nation to begin federal tobacco inspections. In compliance with the Family Smoking Prevention and Tobacco Control Act, six credentialed investigators inspected 64 tobacco retailer locations per month. The required inspections include both undercover buy and advertising and labeling inspections. Undercover buy inspections require that an investigator supervise 16 and 17 year old minors and attempt to purchase tobacco products. Advertising and labeling inspections are conducted solely by an investigator to determine if retailers sell cigarettes or smokeless tobacco in direct face to face transactions, have vending machines accessible to consumers under age 18, sell cigarettes in singles, or sell flavored tobacco products Alcohol and Tobacco Enforcement Division Accomplishments FDA UNIT 2800 FDA undercover buy inspections 5.85 percent buy rate 1872 Advertising/labeling inspections Violation rate less than 1 percent 2016 Annual Report Page 79

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81 SUPPORT SERVICES DIVISION T he Attorney General s Support Services Division is responsible for providing overall administrative and technical support to the office in the areas of finance and accounting, budgeting, human resources and personnel, grant management and reporting, purchasing, payroll, maintenance of the law library, management of interagency legal contracts and information systems. Finance and Accounting Support Services is responsible for the management of the day-to-day accounting activities through Mississippi s Accountability System for Government Information and Collaboration (MAGIC) and the analysis of financial reports and preparation of cost projections to manage agency funds and to ensure compliance with spending authority requirements contained in the agency s appropriation bill. The Finance and Accounting area also prepares Generally Accepted Accounting Principles (GAAP) financial statements and related information for inclusion in the Comprehensive Annual Financial Report and the preparation of the agency s indirect cost plan and negotiation of the indirect cost rate with the Federal Division of Cost Allocation. Law Enforcement Officers and Firefighters Disability Benefits Trust Fund Support Services is also responsible for the administration of the Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund. Mississippi Code Section (1972, annotated) transferred supervision of this fund from the Department of Public Safety to the Attorney General s Office beginning July 1, Any actively employed law enforcement officer or fire fighter who is accidentally or intentionally injured in the line of duty as the direct result of a single incident is eligible to receive benefits. If approved, the Attorney General s Office will make a monthly disability payment equal to 34 percent of the covered individual s regular base salary at the time of injury. If the covered individual also receives workers compensation benefits, then payments from the Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund will be limited to the difference between the workers compensation benefits and the amount of the covered individual s regular base salary. Up to 12 payments for any single injury can be made. Applications and instructions for submission are posted on the Attorney General s Website at agjimhood.com. Budgeting The Budgeting area includes the planning and preparation of the agency s annual budget for submission to the Legislative Budget Office. This process includes reviewing and compiling financial information for all funds and programs and maintaining systems and methods to capture performance measurement data to comply with the Mississippi Performance Budget and Strategic Planning Act of A part of the budgeting process is the compilation of supplemental information on program accomplishments and assistance in Legislative Budget Hearings through compilation of costs associated with new, expanding, and/or existing programs. The culmination of the budgeting process is the preparation of the Agency s Z-1 budget with subsequent revisions as necessary throughout the fiscal year. An additional part of the legislative budget process is the preparation of the personal services budget as required by the State Personnel Board which ensures adequate manpower in accomplishing the office s mandates Annual Report Page 81

82 Human Resources and Personnel Support Services Division (Con t) The Human Resources and Personnel area ensures compliance with all state and federal laws, rules, and regulations regarding employment and employees (MSPB, Section 125, FLSA, Title VII, FMLA, HIPAA, COBRA, ACA, etc.). Other functions of this area include maintaining agency, position, and employee data in SPAHRS, ensuring that leave usage complies with state and federal laws, conducting employee orientation, coordinating Benefits Training and Cafeteria Plan Enrollment, ensuring uniform implementation of Performance Development System (PDS), and maintaining the Office s organizational chart. Grant Management and Reporting Support Services provides financial and administrative support to all divisions within the office working under grants and contracts. This support includes assisting with the preparation of grant applications and budgets, interpreting grant language, making recommendation on implementation, and fulfilling all grant reporting requirements, e.g., Financial Status Reports (FSR), Cost Reimbursement Reports, Federal Cash Transactions Reports, and various programmatic reports. During FY 2016, the office entered into over $3,801,659 in grants/contracts with DHHS-Medicaid Fraud, Public Safety, Department of Justice, Food and Drug Administration, U. S. Department of Agriculture, and U. S. Marshals Service. Purchasing, Property Management, Space Management Support Services is responsible for all procurement of goods and services for the office in compliance with the Department of Finance and Administration and ITS, including preparation of bid specifications and local advertisement for certain goods, negotiation of building leases, office moves, and space management. Payroll Support Services is responsible for processing a monthly payroll for 300 plus full-time employees utilizing the Statewide Payroll and Human Resources System (SPAHRS) inclusive of maintaining direct deposit information, balancing/payment of deductions, and for processing a bi-weekly payroll for individuals, including interns, minors participating in alcohol and tobacco enforcement, and other contractual workers. Law Library The law librarian is responsible for all library materials received by the office, handling book orders, cancellations, and account inquiries/problems, verifying statements from book vendors, updating all current library materials, and maintaining library records in the database. The librarian also maintains a directory of Westlaw passwords and trains employees on Westlaw, often assisting attorneys in their legal research Annual Report Page 82

83 Support Services Division (Con t) Management of Interagency Contracts and Outside Legal Counsel During FY 2016, the Attorney General s Office entered into 72 interagency contracts to provide legal services to various state agencies, boards, and commissions. Support Services prepares all contracts, computes costs, maintains all contracts on file, makes adjustments when necessary, prepares invoices, and ensures collection of amounts billed. Additionally, Support Services is responsible for ensuring the review and processing of all outside legal counsel contracts. Information Systems The Information Systems (IS) staff provides software/hardware support for the office's Wide Area Network (WAN). The WAN includes staff housed in the Walter Sillers Building, Bolden Office Building, the North Mississippi Office located in Houston, as well as staff housed in other state agencies. IS provides assistance with office suite software, on-line legal research, and Internet access. The office supports and maintains its own web server which is regularly updated with press releases and consumer news. The IS staff supports and creates reports for an in-house case management system (CRIMES) that is used office-wide to track case information and time entry. The office is in the process of implementing a state-wide case management system for district attorneys. The system is located at the Attorney General's Office in Jackson. Future plans will include an interface with NCIC to provide case disposition data Annual Report Page 83

84 Agriculture Division 2016 Agriculture 2300 Retail food establishments inspected $1,700 Collected in fines $25,500 Collected in petroleum distribution/retail civil penalties $22,775 Collected in plant industry license civil penalties T he Agriculture Division performs legal services for the state's agriculture-related agencies, including the Department of Agriculture and Commerce, Board of Animal Health, Fair Commission, Farmer's Market, Mississippi Livestock Show, and the Land, Water, and Timber Board. The attorneys in this division deliver a wide variety of services to their agencies, such as representing the state in administrative proceedings, drafting legislation and regulations, conducting litigation, giving advice in the procurement process, assisting with personnel matters, drafting contracts, attending board meetings, and responding to requests under the Public Records Act. The Consumer Protection Division of the Department inspects some 2,300 retail food establishments annually, and works to insure that the consumer receives a quality product that bears accurate identity, quantity, and cost information. Attorneys assisted this division in bringing five administrative complaints against grocery stores and food vendors for violations of the U.S. Food Code. During fiscal year 2016, five administrative complaints were filed, resulting in the collection of $1,700 in fines. Photo courtesy of: Journal Communications / Miss. Agriculture The Department of Agriculture regulates the sale of gasoline, diesel, and kerosene, both at the retail and wholesale levels. During fiscal year 2016, AGO attorneys filed 70 administrative complaints against petroleum distributors or retailers, resulting in the collection of $25,500 in civil penalties. The Department of Agriculture has a branch office in Starkville on the M.S.U. campus, which is called the Bureau of Plant Industry. This office regulates the sale, manufacture and application of pesticides, herbicides, feed, fertilizer, lime, seed, and soil amendments. This office also grants licenses to pest control operators, crop dusters, tree surgeons, plant pathologists, and landscapers. During FY 2016, AGO attorneys represented the Bureau in 61 administrative complaints, resulting in the collection of $22,775 in civil penalties Annual Report Page 84

85 Department of Corrections pecial Assistant Attorney General Darrell Baughn serves as legal counsel S to the Mississippi Department of Corrections (MDOC). Special Assistant Attorney General Jim Norris retired this year. MDOC has over 3,000 employees who have the responsibility of overseeing more than 63,000 inmates, probationers, and parolees. Providing legal assistance to such a large agency necessitates addressing numerous legal issues on a daily basis. The duties of the legal counsel include representing the agency in administrative, civil litigation, inmate litigation proceedings, drafting and reviewing contracts, MOUs, policies, procedures, and proposed legislation, responding to inquiries from prosecutors, judges, attorneys, victims, inmate family members, and the public. MDOC provides training to judges, prosecutors, and its own staff on a wide variety of legal topics. MDOC also has an extensive number of cases on appeal. Further, public record requests, subpoenas for information, and public affairs issues involve extensive legal involvement as they often involve litigation. Legal counsel advises MDOC on all legal matters related to the operation of the agency (including employee and inmate matters) and overseeing agency compliance with existing court orders. Special Assistant Attorneys General Tommy Goodwin and Benny "Mac" May also assist MDOC with civil litigation matters in federal court. Special Assistant Attorney General Darrell Baughn assists as cadre during MDOC firearm training. Mississippi Development Authority Royce Cole and Waverly Hawkins serve as legal counsel to the Mississippi Development Authority (MDA) and the Mississippi Major Economic Impact Authority (MMEIA). MMEIA was created by the Legislature as a method of competing for major projects through statutory incentives to bring new business and industry into the State and to assist existing Mississippi industries to expand. MDA also competes for major projects using the Mississippi Industry Incentive Financing Revolving Fund (MIIFRF). MDA assisted with numerous business location and expansion projects around the state. Legal advice provided to the executive director and staff includes, but is not limited to, drafting of special legislation, contracts, loan agreements, and security agreements between the State and major companies and other related companies that relocate to Mississippi as a result of MMEIA and MIIFRF projects Annual Report Page 85

86 State Board of Education Mississippi Department of Education or the fiscal year 2016, Raina Anderson Lee, Joseph Runnels, Heather F Deaton (transferred), Erin Meyer, Chelsea Chicosky, and Beebe Garrard served as legal counsel to the State Department of Education and the State Board of Education. Raina Anderson Lee served as counsel to the State Board of Education. The legal staff provided legal advice to the State Board of Education on matters before the board at its regular monthly and special-called meetings. Attorneys assisted in drafting board policies and any necessary revisions to those policies. The State Board of Education is the governing board for the Mississippi School for the Deaf, the Mississippi School for the Blind, the Mississippi School for Mathematics and Science and the Mississippi School for the Arts. The attorneys representing the department and board reviewed and revised student handbooks and staff handbooks for all state schools and provided legal advice related to student and employment issues. General Advice and Legislation The legal staff provided legal research and general legal advice to the bureaus in the Department of Education on policy and regulatory matters, drafted and reviewed proposed legislation, met with legislators on education legislation, and advised the department regarding legislation that will impact education. Attorneys analyzed pending state and federal legislation and advised the department on filing of policies with the Secretary of State through the Administrative Procedures Act process. Attorneys also provided assistance to local school districts, responded to questions from school districts and school board attorneys, and responded to citizen questions and complaints. The attorneys also worked collaboratively with the Office of Civil Litigation regarding pending cases. Personnel Matters The department legal staff handled personnel matters, including employee grievances, appeals before the Employee Appeals Board, and complaints filed before the Equal Employment Opportunity Commission. Legal staff continued to assist the Department staff in the implementation of recently passed legislation (House Bill 454, 2014 Legislative Session) that exempted the department from the State Personnel Board procedures for two years. This legislation expired July 1, Conservatorships and Consolidation of School Districts There have been three state schools in conservatorship and under the authority and control of the State Board of Education during the 2016 fiscal year: 1. Aberdeen School District 2. Leflore County School District 3. Tunica County School District One of these school districts will be returned to the control of the district in July of 2017: 1. Aberdeen School District Attorneys for the department continue to counsel the board and the department in their efforts after the declaration of a state of emergency, the establishment of a conservatorship, and assuming control and administration of the Tunica County School District, Aberdeen School District, and Leflore County School District Annual Report Page 86

87 Mississippi Department of Education (Con t) Contractual issues Attorneys reviewed and drafted contracts (including memorandums of understanding and grant agreements), advised on legal issues, and assisted in the negotiation of contractual terms. State Longitudinal Data System Individual state agencies and state entities are required to send data from their internal systems to the Statewide Longitudinal Data System. Attorneys provided general advice to the department related to the submission of data to the State Longitudinal Data System. Public Records Requests Attorneys responded to public records requests and advised the department on the Public Records Act, the Family Educational Rights and Privacy Act, and other privacy issues. Special Education Issues Attorneys reviewed and drafted contracts, memorandums of understanding/agreement and interagency agreements, and provided legal advice on implementation of these agreements; provided general advice on policy and regulatory matters; responded to public records requests; analyzed pending state and federal legislation; provided legal research and general legal advice regarding the Individuals with Disabilities Education Act of 2004 ( IDEA ), Family Educational and Privacy Rights Act, and Section 504, and made legal presentations regarding IDEA and/or State Board Policy Additionally, attorneys continued to advise the Office of Special Education with regard to the Annual Performance Report filed with the United States Department of Education pursuant to the IDEA. Attorneys also assisted the Office of Special Education with the resolution of individual and class complaints filed under the IDEA. Attorneys conducted legal research for the legal basis of Formal State Complaint investigations, findings, and decisions. The attorneys also worked collaboratively with the Office of Civil Litigation in cases pending in U.S. District Court, Hinds County Chancery Court, and in negotiating with the United States Department of Justice. Commission on School Accreditation The Commission on School Accreditation continually reviews the standards on accreditation of public school districts, the enforcement of the standards, and makes recommendations to the State Board of Education. The Commission also hears cases regarding the withdrawal of the accreditation of schools and determines if an extreme emergency situation exists in school districts that jeopardize the safety, security, or educational interests of children in the district. Attorneys represented the Commission on School Accreditation at its meetings and hearings Annual Report Page 87

88 Mississippi Department of Education (Con t) Commission on Teacher and Administrator Education, Certification and Licensure and Development The Commission on Teacher and Administrator Education, Certification, and Licensure and Development makes recommendations to the State Board of Education regarding standards for the certification, licensure, and continuing professional development of those who teach in the public schools of Mississippi. Attorneys represented the commission at its meetings and disciplinary hearings. The Licensure Commission also conducts disciplinary cases regarding education misconduct which resulted in the following ratified actions: 15 suspended/revoked educators 3 probation 2 rehabilitation agreed orders 5 denials of reinstatement 25 voluntary surrenders Opinions of the Attorney General The department attorneys drafted official opinions of the Attorney General related to education. The attorneys also conducted seminars on school law for school board attorneys, school district personnel, and education leadership classes for teachers obtaining advanced degrees Annual Report Page 88

89 Mississippi Department of Finance and pecial Assistant Attorneys General Romaine L. Richards and Edward Wiggins serve as legal counsel S to the Department of Finance and Administration and its divisions. As counsel for these entities, Ms. Richards and Mr. Wiggins represent the department in administrative and civil litigation proceedings, draft and review contracts, policies, procedures, and proposed legislation. Both attorneys provide legal advice on a diverse spectrum of issues. Legal matters include but are not limited to: employment law, contractual issues, construction law, garnishments, bankruptcies, public records requests, open meetings, public purchasing, real property, and bid protests. Ms. Richards provides assistance to the Executive Director on legal matters relating to the department, including the preparation of the State s Comprehensive Annual Financial Report (CAFR) and to the Health Insurance Management Board, which governs the State and School Employees Health and Life Insurance Plan. She also serves as general counsel to the State Bond Commission. In addition to these duties, Ms. Richards provides counsel and representation to the Department of Finance and Administration on matters pertaining to: the Office of Budget and Accounting (which is responsible for budgeting, accounting, purchasing, and payroll functions), the Office of Fiscal Management (which is responsible for providing oversight and assistance to other state agencies to insure compliance with state laws, rules, and regulations), the Office of Capitol Facilities (which is responsible for providing security and maintenance for the buildings located within the Capitol Complex), the Office of Capitol Police, the Office of Surplus Property (state and federal), the Office of Information Technology (which is responsible for the management of data processing of the DFA), the Office of Insurance (which administers the State and School Employees Health and Life Insurance Plan), the State Agencies Self Insurance Workers Compensation Pool, the Employment Compensation Revolving Fund, the Office of Personnel and Training, and the Office of Air Transport (which provides air transportation to all state government entities). Mr. Wiggins serves as counsel to the Bureau of Building, Grounds, and Real Property Management (the BOB) (with primary responsibility to administer funds appropriated by the Legislature in accordance with state laws, regulations, and established procedures for construction and maintenance of state-owned facilities and real property). He is responsible for reviewing both construction and professional contracts for all projects under the control of the Bureau of Buildings, providing legal advice during the progress of construction projects and other real property transactions, counseling on procurement matters, and other related issues. Mr. Wiggins also advises the Public Procurement Review Board (which approves procurement by state entities and hears protests and contract disputes generating from those procurements) and the Office of Purchasing and Travel, and Fleet Management (which serves as the State Procurement Office on legal matters regarding procurement, statutes, regulations, contracts, policies and procedures, protests, the State s Master Lease Purchase Program, and the acquisition and use of state vehicles) Annual Report Page 89

90 Mississippi Attorney General Mississippi Forestry Commission T he Forestry Commission offers a variety of forest management services to private and non-industrial land owners. The commission also actively manages much of Mississippi s public timberland, including Sixteenth Section school lands and state parks. The Forestry Commission by statute has the primary duty of wildfire suppression. Forestry Commission crews suppress wildfires occurring day or night on nearly 17 million acres of timbered and uncultivated land. Role of the Agency Attorney The attorney assigned to the agency provides advice and assistance to the Forestry Commission in all areas of its operations where legal counsel is needed. This can be divided into areas of personnel, purchasing, accounting, fire protection, timber management, and general administration. The attorney assists with all aspects of personnel actions and discipline, assists with questions regarding the purchasing laws and procedures, and is involved as needed with questions regarding the interpretation of the regulations dealing with payroll, bid laws, ethics laws, contract disputes, and reviews and drafts contracts as needed. South Mississippi timber thinning Mississippi Gaming Commission I n its regulatory capacity, the Gaming Division handles work permit matters and argues appeals before a hearing examiner. This year the division took a more active role in prosecuting criminal cases involving illegal gaming by utilizing racketeering and illegal gaming statutes. Additionally, the MGC, along with the counsel of the division, has been tasked with looking at the expansion of gaming across the country as other states move online and begin adopting more modern methods of play. In the short term, daily fantasy sports became a hot topic in the state and the division has worked to prepare the Gaming Commission for regulating this young industry. In the future, regulations and consumer protections are being tweaked so that the state may take advantage of technological changes such as geo-fenced mobile gaming, multi-state linked slot machines, or social gaming integration. The ultimate goal is to continue to insure that Mississippi operates a healthy gaming industry within the statutes and regulations of this state Annual Report Page 90

91 Mississippi Department of Health T he Health Law Section of the Office of the Attorney General represents the Mississippi State Department of Health and its governing body, the Mississippi State Board of Health. Special Assistant Attorneys General Ingrid Dave Williams, Ellen O'Neal Cassandra Walter, and Teselyn Funches provide legal counsel to the board, the state health officer, who serves as director of the department, the department's various divisions, nine public health districts, and 81 county health departments. GENERAL ADVICE During the past year, the four attorneys in this section provided legal advice and assistance to the Department of Health in a wide variety of areas including but not limited to the impact of 2016 legislation on the Department, the operational transformation of the Health Department, the department s efforts to become nationally accredited, conducting meetings under the Open Meetings Law, drafting proposed legislation and proposed amendments to regulations, assisting with compliance with the Administrative Procedures Act, assisting with the enforcement of orders for the promotion of public health, reviewing the disclosure of documents under the Public Records Act, HIPAA compliance issues, reviewing and negotiating contracts and resolving contract disputes, providing planning and policy assistance, preparing Attorney General's Opinions on questions posed by the department, and responding to inquiries from Department of Health Staff and members of the public on public health-related matters. CERTIFICATE OF NEED AND HEALTH PLANNING In the Certificate of Need (CON) Program, special assistant attorneys general assisted the Division of Health Planning on procedural and evidentiary matters at administrative hearings, and represented the Department in CON appeals to Chancery Court and the Mississippi Supreme Court. The attorneys also provided ongoing legal advice in matters including, but not limited to: requests for declaratory rulings under CON law, review of changes of ownership of health care facilities, and legal review of staff analyses of new projects proposed under CON law. The legal staff also assisted with the revision of the Certificate of Need Review Regulations and provided advice with regard to rural health laws and regulations. CHILDCARE AND PROFESSIONAL LICENSURE The attorneys represented the agency in administrative hearings to determine the qualifications of applicants and in disciplinary hearings which may have resulted in suspension or revocation of the license or registration of the following: child care centers, occupational therapists, occupational therapy assistants, dieticians, respiratory care practitioners, medical radiation technologists, hearing aid dealers, athletic trainers, speech-language pathologists, speech-language pathologists aides, audiologists, audiologists aides, art therapists, eye enucleators, hair braiders, tattoo operators and facilities, and body piercing operators. Additionally, the attorneys reviewed criminal history records and determined eligibility for persons applying to work in child care facilities Annual Report Page 91

92 Mississippi Department of Health (Con t) EPIDEMIOLOGY AND COMMUNICABLE DISEASES The Health Law Section represented the department in administrative and court actions to enforce tuberculosis quarantine measures and to compel hospitalization and treatment for those with active, infectious, and communicable diseases. The attorneys also provided legal advice regarding the department s response to the Zika virus. EMERGENCY PLANNING AND RESPONSE The Health Law Section provided legal advice to the department in matters pertaining to the licensure and regulation of emergency medical technicians and emergency medical (ambulance) services and represented the department at disciplinary proceedings. The legal staff continues to provide legal advice and assistance to the department in the operation of the Mississippi statewide trauma system, Stroke System of Care, and the ST-Elevation Myocardial Infarction (STEMI) System of Care. ENVIRONMENTAL HEALTH Attorneys provided advice and represented the Bureau of Environmental Health at administrative hearings and in areas of boiler and pressure vessel safety, radiological health, food sanitation, general sanitation involving regulation of wastewater, institutional sanitation, milk sanitation, water supply involving enforcement of the Mississippi Safe Drinking Water Act, and certification of operators of water systems. Attorneys also assisted with administrative enforcement actions against professional installers of onsite wastewater systems. HEALTH FACILITIES LICENSURE AND CERTIFICATION Attorneys in the Health Law Section provided ongoing legal counsel to the Bureau of Licensure and Certification in areas including, but not limited to, utilization review, licensure of hospitals, long-term care facilities, personal care homes, ambulatory surgical facilities, abortion clinics, hospice, and homehealth care providers. The legal staff represented the department in administrative hearings against certified nurse aides charged with abuse and/or neglect of residents in long-term care facilities and in hearings regarding the denial or revocation of licenses. The attorneys also assisted the Department in the closure of personal care homes which were operating in violation of the licensure regulations. HUMAN RESOURCES Attorneys provided advice on human resources matters, represented the agency before the Employee Appeals Board of the Mississippi State Personnel Board, the Equal Employment Opportunity Commission (EEOC), and continued to ensure compliance with state and federal employment and labor laws. VITAL RECORDS During the past year this section responded to numerous chancery court complaints to correct birth certificates and other vital records. The legal staff also assisted attorneys and members of the public with issues regarding amendments and corrections to vital records Annual Report Page 92

93 Human Services Division he Human Services Section of the Attorney General's Office provides legal T assistance to the state office of the Mississippi Department of Human Services (MDHS), the Mississippi Department of Child Protection Services (MDCPS), and the 82 county offices providing services through assistance to needy and disadvantaged individuals and families found or living in the State of Mississippi. It offers legal counsel, advice, and representation to the executive director, the commissioner, deputy commissioners, division directors, managers, supervisors, and other employees in matters relating to child protective services, adult protective services, family support services, child support enforcement, and in developing and enhancing service delivery tools. The Division represented MDHS and MDCPS before various administrative and judicial bodies, conferred with MDHS and MDCPS on the agency's legislative needs, wrote advisory opinions, continuously replied to questions from MDHS' and MDCPS' service recipients, providers of services, public officials, and the general public. Division staff consulted on child support cases, acted on records requests pursuant to subpoenas, subpoena duces tecum, the Public Records Act, and assisted with tort claims. We worked with MDHS and MDCPS in providing for the care of children with mental illnesses, multiple disorders, and children requiring interstate placement. Contracts Contractual procurement agreements and partnerships remain essential to MDHS and MDCPS service delivery system. During fiscal year 2016, the Human Services Division: Reviewed, revised, drafted, and/or negotiated more than 608 contracts, subgrants, requests for proposals, memoranda of understanding, and other agreements. Division of Youth The Division of Youth Services (DYS) administers the community services and institutional programs for juveniles who have been adjudicated delinquent in Mississippi youth courts or who are at risk of becoming delinquent. DYS provides professional counseling, probation supervision, and related services to children in their home communities, as well as education, rehabilitation, and treatment services to children committed to institutional care. The Department reviewed the following personal services contracts: New Contracts 13 Contract Modifications 62 Synopsis of a Youth Services Federal Lawsuit (Lauderdale County Court Case) The State has entered into a consent decree between Department of Human Services/Division of Youth Services and Department of Justice. DHS and DOJ have agreed upon a monitor for purposes of implementation of the consent decree Annual Report Page 93

94 Human Services Division (Con t) Division of Community Services Subgrants between the Division of Community Services and community action agencies/human resource agencies, allowed MDHS-MDCPS to provide assistance to the elderly, disabled, and children through Weatherization, CSBG, and LIHEAP programs. Division of Aging and Adult Services The Division of Aging and Adult Services protects the rights of older citizens while expanding their opportunities and access to quality services. It plans, coordinates, advocates for, and ensures the provision of services to all older Mississippians. This division oversees the Adult Protective Services program which investigates reports of suspected abuse, neglect and exploitation of vulnerable adults who reside in private home settings. This division represented the Division of Aging and Adult Services in obtaining emergency and essential conservatorships, emergency orders for the provision of protective services on behalf of abused, neglected, and/or exploited vulnerable adults as well as provided technical assistance. Division of Family and Children s The Division of Family and Children Services provides a safety net for those children who have been abused and/or neglected; however, it is their responsibility to reunite these children with their parents. When the effort failed or was not possible, MDHS referred the cases to this Division for Termination of Parental Rights (TPR). Fiscal Year 2016: 407 new TPR cases involving 690 children were referred to this division. Of those children, Attorney General and MDCPS attorneys obtained 459 court orders terminating parental rights of 459 children allowing the opportunity for adoption. 425 legal clearances completed for the adoption unit. This allowed children to be adopted by loving families. 36 administrative fair hearings conducted. These hearings involved persons whose names appeared on MDHS/MDCPS Child Abuse/Neglect Central Registry. This division worked with MDHS and MDCPS to locate placements for hard-to-place children such as those with mental illness and behavior problems Annual Report Page 94

95 Human Services Division (Con t) 2016 Division of Human Resources Handled 50 personnel cases for MDHS Responded to more than 160 subpoenas and summonses Responded to 27 open public records request Processed more than 278 writs of garnishments and other wage withholding matters Handled 10 EEOC cases Handled more than 35 general correspondence cases 2016 Correspondence/Webmail Handled 50 request and complaint cases for MDHS and MDCPS Information Technology Services D uring fiscal year 2016, Special Assistant Attorney General Donna Nead Rogers served as legal counsel to the Mississippi Department of Information Technology Services. During this time period, she drafted and/or negotiated 362 contracts of various types (software licenses, software development contracts, turnkey agreements, purchase contracts, maintenance contracts, leases, application service provider contracts, and professional services contracts) with providers of data processing and telecommunications hardware, software, and services. Some of those contracts involved projects for: a managed Wi-Fi solution for the Mississippi Library Commission, a child nutrition management system for the Mississippi Department of Education, a title network replacement system for the Mississippi Department of Revenue, and a statewide managed Wi-Fi and internet solution for the school districts in Mississippi for the Department of Education. In addition to contract negotiations, Mrs. Rogers provided legal advice to the Executive Director and staff of ITS and responded to garnishments and public records requests Annual Report Page 95

96 Institutions of Higher Learning (IHL) Division L eigh H. Patterson, Katie Lusk, Stephanie Ganucheau, and Sara DeLoach serve as legal counsel to the Board of Trustees of State Institutions of Higher Learning (IHL), the Commissioner of Higher Education, the eight state institutions of higher learning, as well as various other public agencies associated with the board. Additional university campus attorneys have been hired by Jackson State University, Mississippi State University, Mississippi University for Women, the University of Mississippi, the University of Mississippi Medical Center, and the University of Southern Mississippi. Patterson, Lusk, Ganucheau, and DeLoach coordinate activities with each campus attorney and participate in joint efforts maximizing the legal representation available to the various institutions of higher learning in Mississippi. Patterson, Lusk, Ganucheau and DeLoach are active in the management of litigation involving higher education. The division receives inquiries from students and parents, and attorneys assist in resolving problems relating to the institutions. The attorneys in this division work closely with the faculty, staff, and administrators of the eight state universities. In addition, the four attorneys in this division are the actual campus counsel for Alcorn State University, Mississippi Valley State University, and Delta State University. The IHL Board Offices and the Institutions of Higher Learning, pursuant to legislative authorization, operate under the Mississippi Tort Claims Act separately from the administration provided by the State Tort Claims Board. The Universities Division works closely with the IHL Insurance and Risk Management Division and plays a vital and significant role in the evaluation and disposition of tort claims filed thereunder. This division of the Attorney General s Office provides a myriad of other legal services to the Agency, including, but not limited to, the following: 2016 Legal Division, Institutions of Higher Learning Legal advice and assistance with numerous construction and renovation projects developing facilities on and off campus for each of the institutions Assisted the University Press of Mississippi with various intellectual property and contractual issues this year; Assisted State Office of Student Financial Aid with the development of and amendments to the contracts, notes and regulations for the various types of financial aid which it administers 2016 Annual Report Page 96

97 Institutions of Higher Learning (IHL) Division (Con t) 2016 Legal Division, Institutions of Higher Learning Represents Mississippi Automated Resource Information Systems and reviews their contracts with other agencies Works closely with the Commissioner of Higher Education in drafting new policies and bylaws for the Institutions of Higher Learning Serves as in-house counsel to the Mississippi Commission on College Accreditation which has offices located in the Education and Research Center Advises IHL on Ayers implementation issues in furtherance of the settlement of that lawsuit Works closely with the IHL Board Office of Human Resources advising on various employment issues Works closely with the IHL Office of Contracts and Grants reviewing and/or drafting all contracts for that office Represented and advised GEAR-UP in all legal matters Represents and advises America Reads-Mississippi in all legal matters Works closely with the IHL Finance and Academic Departments, as well as with the Real Estate and Facilities Department addressing various legal issues 2016 Annual Report Page 97

98 Mississippi Department of Insurance T he Attorney General's Insurance Division provides legal support for the Mississippi Insurance Department. The department primarily regulates the business of insurance in the state. In this respect, it is responsible for administering Title 83 of the Mississippi Code. There are currently nearly 2,000 insurance companies and more than 97,000 insurance producers (agents or agencies) licensed in the state. The department also licenses bail bondsmen, with some 1,743 professional bail agents, bail soliciting agents, and bail enforcement agents in the state. The Commissioner of Insurance is the chief officer of the department and serves by statute as State Fire Marshal. The State Fire Marshal's Office, a division of the department that has law enforcement authority, is directed by the State Chief Deputy Fire Marshal. This office conducts arson investigations and fire code inspections throughout the state. It is also the state licensing authority for factory-built homes, residential electronic protection systems, and liquefied compressed gas dealers, issuing over 25,000 licenses annually. Further, the office oversees Fire Services Development, Fire Safety Education, and pyrotechnics permits at the state level. Another department division is the State Fire Academy. The academy, which is located on a 112-acre complex in Rankin County, trained over 16,677 students in basic and advanced fire fighting, hazardous materials, and rescue techniques. The Fire Academy, in partnership with the Mississippi Public Service Commission Pipeline Safety Division, is also home to Safety City, a new natural-gas training facility. In 2013, legislation was passed to enact the Mississippi Conveyance Safety Act, which provides for the safety of conveyance equipment and personnel by requiring minimum standards for conveyance personnel and services. Pursuant to the legislation, the department established minimum standards that safety conveyances must meet, established a program to issue permits for new construction and renovations that involve safety conveyances, established a registry of all safety conveyances in this state, and established a licensing program to license elevator mechanics, inspectors, and contractors. The department issues approximately 500 license annually. The Legal Division advises and represents the department on all matters within its purview, including, but not limited to: financial and market conduct examinations, producer and insurer disciplinary actions, administrative hearings, drafting of regulations and bulletins, insolvency proceedings (rehabilitations and liquidations), fraud investigations, consumer complaint resolution, and the formation, mergers, acquisitions, and redomestications of insurers. The Legal Division also assists the department with the drafting, passage, and implementation of the department s legislative packet. Special Assistant Attorneys General Linda Boozer, Kim Causey (Division Director), Don Kilgore, Mark Lampton, and Michelle Partridge are members of the Insurance Division. There are also two department staff attorneys and a department legal secretary who work under the direct supervision of the division director Annual Report Page 98

99 Mississippi Department of Marine Resources T he Mississippi Department of Marine Resources (MDMR) manages Mississippi coastal resources through the authority of the Commission on Marine Resources (MCMR). It manages all marine life, public trust wetlands, adjacent uplands, and waterfront areas for the long-term recreational, educational, commercial, and economic benefit of everyone. Special Assistant Attorneys General Sandy Chesnut, Sean Morrison, and Faye James advance MDMR s mission as general counsel to the MDMR and the MCMR. Their duties include: Mississippi Department of Marine Resources Drafting legislative amendments to marine resources-related statutes and MCMR regulations Coordinating defense with outside counsel on tort claims Drafting and reviewing contracts, memoranda of agreement, and memoranda of understanding Handling employee law issues, including EEOC Complaints and employment grievance cases appealed to the Mississippi Employee Appeals Board Pursuing enforcement of non-compliance with the MCMR s wetlands restoration orders and derelict vessel removal notices Prosecuting judicial and administrative forfeiture of seized illegal equipment Counseling the Executive Director and the MCMR during Commission meetings Interpreting laws, regulations, policies and other controlling authorities (e.g., Mississippi Coastal Program and federal environmental laws) Advising MDMR personnel and the MCMR on compliance and enforcement issues Drafting Official Attorney General Opinions applicable to the MCMR and MDMR Identifying and disseminating legal reference materials applicable to the MDMR and MCMR s duties and responsibilities Defending the MCMR and MDMR s actions and orders which are the subject of appeal, a duty that includes preparing the record and pleadings and making oral arguments to appellate courts 2016 Annual Report Page 99

100 Mississippi Department of Marine Resources (con t) 2016 Key Accomplishments, Mississippi Department of Marine Resources The attorneys helped in creating new regulations for aquaculture in the marine waters of Mississippi. The effort included regulatory drafting, working with stakeholders, and negotiating with civic groups. Ultimately the regulations were adopted and represent the agency s first regulations written in plain English. The MDMR is working on creating an oyster aquaculture industry on the Mississippi coast as part of the Governor s Oyster Restoration and Resiliency Council recommendations. The attorneys have worked closely with the teams involved to pick sites, negotiate leases, identify legal hurdles, and apply for permits. Mississippi s coast and bayous are littered with derelict vessels. The attorneys drafted a new Derelict Vessel Act which went into effect on July 1, The new Act streamlines the removal process and makes it easier to keep the coast free of debris. On October 26, 2015, a small plane crashed into the Mississippi Sound with three men on board. The MDMR s Marine Patrol was one of the lead agencies in the search and recovery efforts. The attorneys were very active in discussions on these efforts and in helping the families with things like MDMR employee affidavits. The attorneys helped the MDMR navigate the changing legal landscape as major administrative changes were passed in the legislature. They constructed a new internal procurement process to match the new requirements of HB 825, and they continue to help manage the questions arising from SB Legal Division Additional Responsibilities Special Assistant Attorney General Sean Morrison (center) helps with the annual Deer Island Coastal Cleanup. Heritage website Employment actions Commission meetings Gulf Publishing Ratcliff BP public records requests Ethics hotline Defined shoreline Legal authority for purchasing insurance Legislation CZM violations Drone regulations Revised for-hire bylaws MPC SOS regarding Deer Island Pier State of the Coast BU in kind contracts Records retention Dealing with HB 825 Oyster resource support 2016 Annual Report Page 100

101 Division of Medicaid T he Mississippi Division of Medicaid has approximately 1000 employees located in one central office, 30 regional offices, and over 90 outstations throughout the state, all working together to responsibly provide access to quality health coverage for vulnerable Mississippians. DOM services nearly 1 in 4 Mississippians who receive Mississippi Medicaid health benefits through regular Medicaid, CHIP, or MississippiCAN. The combined state and federal budget amounts total more than $5 billion. During Fiscal Year 2016, DOM was represented by Special Assistant Attorneys General Paige Biglane, Patrick Black, Stephanie Evans, and Fran Ingram. The attorneys represented DOM on a variety of matters, including personnel issues, procurements and contracting, statutory and regulatory issues, administrative hearings, public records requests, privacy and security related issues, open meetings issues, recovery efforts, garnishments, levies, bankruptcies, and tax liens. Patrick Black and Fran Ingram handled DOM s subrogation matters and estate recovery cases, and successfully recovered $1,241,163.77, and $577,239.98, respectively. Also, recovery amounts for special needs and income trusts totaled $655, Stephanie Evans advised DOM s Public Information Officer on more than 100 requests for information, and represented DOM on all cases in which various DOM contractors sought protection from the court in order to prevent the release of third party information pursuant to the Mississippi Public Records Act. Stephanie also responded to all subpoenas and worked closely with DOM s privacy and security officers. Stephanie recently began advising the Office of Contract Compliance at DOM and assisted in assessing and collecting nearly $240,000 in contractual damages, sanctions, and remedies, all related to deficient contractor performance during the last quarter of FY16. Paige Biglane continued to serve as chief counsel for DOM. As chief counsel, Paige is a member of the senior cabinet at DOM and provides counsel to the Executive Director and senior staff on a variety of matters, including interpretation and implementation of DOM's federal and state statutory and regulatory requirements. Over the past year, the chief counsel continued working with the Attorney General s office and the United States Department of Justice in an attempt to avoid litigation regarding the State of Mississippi's Mental Health System. The chief counsel also advised DOM s Office of Procurement, reviewed and approved well over 250 professional service and contract worker contracts, lease agreements, drug rebate agreements, service agreements, and continued facilitating the negotiation of the new fiscal agent contract, which is still on-going. The chief counsel provided assistance to special counsel retained by the Attorney General s Office to pursue State claims against pharmaceutical manufacturers and coordinated with outside counsel to handle all Medicaid provider and beneficiary appeals in state and federal court. In FY16, the Mississippi Supreme Court upheld a $30 million verdict for the state against Sandoz, a drug company that inflated the price of drugs prescribed to Medicaid beneficiaries and reimbursed by DOM. This was a huge win for the State of Mississippi, the Attorney General s Office, and DOM Pharmacy staff. Finally, the chief counsel assisted with the drafting and updating of DOM's Administrative Code, the Mississippi State Plan, and all internal agency policies Annual Report Page 101

102 Division of Medicaid (Con t) In addition to administrative hearings, the attorneys also represented DOM in matters before the Employee Appeals Board, the EEOC, United States Bankruptcy Court, and other state and federal courts. The attorneys performed legal research and advised agency staff on a multitude of complex Medicaid issues, including a host of provider and beneficiary matters. Department of Mental Health Special Assistant Attorney General Bill Rosamond serves as legal counsel for the Mississippi Department of Mental Health and the State Board of Mental Health. The Department of Mental Health operates a statewide system of prevention, service, and support options for adults and children with mental illness or emotional disturbance, substance use disorders, and/or intellectual or developmental disabilities. Mr. Rosamond s duties include representing the department and its behavioral health and intellectual and developmental disability programs in court proceedings involving civil commitments, seeking the conditional release of individuals found not guilty by reason of insanity but held by courts for treatment at the Department s programs, establishing conservatorships, and general litigation. In addition, Mr. Rosemond attends monthly meetings of the State Board of Mental Health and provides legal advice to the executive director and the board. He also serves as a liaison between the department and judges, prosecutors, and attorneys when questions arise concerning the placement of minors and adults with mental illness and intellectual or developmental disabilities, collaborates with department staff to develop and implement policies and procedures, and reviews contracts. Mr. Rosamond also assists outside counsel with the State s defense in Olmstead litigation involving the Department of Mental Health. Mr. Rosamond serves as a public member of the Discharge Advisory Committee and Institutional Review Board at Mississippi State Hospital Annual Report Page 102

103 Pearl River Valley Water Supply District D uring fiscal year 2016, Special Assistant Attorneys General Mack Cameron, Philip Huskey, and Philip Hollimon served as legal counsel to the Pearl River Valley Water Supply District. Pam Brooks and Jane Berry served as paralegals. Members of the PRV legal team attended monthly PRV Committee and Board meetings and provided legal advice to the executive director, staff, and the Board of Directors of PRV. The team prepared commercial leases, various legal forms, correspondence, and research memos. The unit assisted with title, bond, and tax sale problems relating to PRV property. Title work was performed in Madison and Rankin counties as well as recording and releasing Lis Pendens notices. More than 800 lease assignments and lease renewals were negotiated or drafted as well as contracts of various other types. Some of those documents included agreements with other state and federal agencies for utilization of PRV property and agreements with private corporations regarding other matters, such as the location of transmission equipment for wireless communication and fiber optic lines. Meetings were attended that involved some of the approximately 6,200 lessees of PRV property. Members of the legal office participated in contract negotiations with developers and other potential lessees of agency property. The PRV legal staff also responded to numerous public records requests, participated in conferences relative to property owned by PRV, and filed submissions to the Secretary of State s Office concerning agency regulation changes. Inter-local agency agreements, contracts, and franchise agreements have been negotiated. Delinquent lease fees, both residential and commercial, were collected as well as delinquent rental fees for agency campgrounds. Numerous lawsuits were initiated and brought to successful conclusions regarding delinquent lease fees and property maintenance code violations. In other litigation matters, the Attorney General s staff detailed to the PRV continued the implementing of the settlement agreed to by the parties in Bobby L. Baker, Jr., et al v. Pearl River Valley Water Supply District. In addition, the agency has brought the matter of Blakeley, et al v. ETE Developers, Inc., et al to a successful settlement which will be entered by the parties in the 2017 fiscal year. In addition, the office has continued to provide advice and counsel for the Reservoir Police and worked with the Alcohol Beverage Control Bureau regarding the resort status of the agency property in Rankin County Annual Report Page 103

104 State Personnel Board D uring fiscal year July 1, 2015, through June 30, 2016, Special Assistant Attorneys General Sara DeLoach and Heather Deaton served as counsel to the Mississippi State Personnel Board. As counsel, they provided legal advice to the MSPB, the Personal Service Contract Review Board (PSCRB) and the Employee Appeals Board (EAB). At the MSPB, the attorneys supported the executive director and agency staff in performing their statutory duties of managing and improving the central personnel agency for state government. The attorneys provided legal counsel regarding the application of state and federal law to MSPB policy, and also assisted in developing and revising all MSPB policies and procedures. In addition, attorneys assisted the MSPB and other state agencies with specific employment and human resources issues, including, but not limited to: personal, medical, donated, administrative, and military leave, wage and hour practices, accommodation of disabilities, and employee discipline. The attorneys also advised the MSPB on the Open Meetings Act, Public Records Act, garnishments, Administrative Procedures Act filings, internal contracts/agreements, Federal Labor Standards Act, Federal Medical Leave Act, Uniformed Services Employment and Reemployment Rights Act, and any other employment law issues. The attorneys reviewed all legal services contracts submitted to the MSPB for approval and presented the contracts at the monthly Board Meetings. Additionally, they represented the MSPB in all litigation matters and served as the liaison between the MSPB and the Office of the Attorney General. As counsel to the PSCRB, the attorneys supported the executive director and agency staff in performing their statutory duties related to personal and professional service contracts entered into by state agencies to ensure compliance with state law and PSCRB rules and regulations. They also provided legal advice to the PSCRB at their monthly Board Meetings and assisted in developing and revising all PSCRB rules and regulations. The attorneys also provided legal advice to the EAB during full board meetings and assisted the EAB in researching legal questions regarding the employee grievance and appeals process. Professional Licensure and Regulatory Section 2016 Professional Licensure and Regulatory Section Highlights Received ratings of "very good" or "excellent" for 100% of legal services from state agencies. Saved taxpayers at least $11,604, by this Office representing state agencies rather than hiring outside legal counsel. T he Professional Licensure and Regulatory Section of the State Government Division of the Attorney General s Office, consists of Deputy Attorney General Onetta Whitley and Assistant Attorneys General Leyser Morris-Hayes, Jeffrey Jernigan and Gloria Green. It is charged with providing legal representation to the various professional licensing and regulatory boards and commissions of the State of Mississippi Annual Report Page 104

105 Professional Licensure and Regulatory Section (Con t) Representation includes, but is not limited to, providing general counsel and advice, representing agency staff in administrative hearings, serving as hearing officers in administrative proceedings, handling a variety of personnel issues (including employee discipline and equal employment compliance), and advising on matters pertaining to rule making. In addition, this section represents the various agencies in courts of law on matters of injunctive relief, some civil litigation, and appeals from administrative decisions. Attorneys represent agencies, including the State Board of Professional Engineers and Land Surveyors, State Board of Public Accountancy, State Board of Dental Examiners, Board of Psychology, State Board of Cosmetology, State Board of Funeral Service, Mississippi Auctioneer Commission, Real Estate Appraiser Licensing and Certification Board, Licensed Professional Counselors, Massage Therapists, Physical Therapists, Fire Fighter Certification Board, Commercial Mobile Radio Services Board, Home Inspector Board, and several others. In addition to providing general counsel to the professional licensing agencies, the section also provides general counsel to a variety of other state agencies in the Executive Branch of Government, including Mississippi Emergency Management, Mississippi Authority for Educational Television, Mississippi Industries for the Blind, the Athletic Commission, and others. This year the legal services provided to agencies via contractual agreements between the agencies and the Office of the Attorney General resulted in an estimated savings of $11,604, in legal costs. Public Employees Retirement System (PERS) pecial Assistant Attorney General Jane Mapp serves as legal counsel to the Public Employees' S Retirement System of Mississippi. PERS is responsible for administering the Public Employees' Retirement System, the Mississippi Highway Safety Patrol Retirement System, the Government Employees' Deferred Compensation Plan, the Mississippi Municipal Retirement Systems, the Supplemental Legislative Retirement Plan, the Retiree Group Life and Health Benefits, the Optional Retirement Plan for the Institutions of Higher Learning, and the Federal-State Agreements providing Social Security coverage to eligible governmental employees. Ms. Mapp represents PERS at administrative hearings and in appeals to the Circuit Court and Mississippi Supreme Court relative to disability claims and other administrative claims. PERS is a party in 30 appeals presently before the circuit court, Mississippi Court of Appeals, or Mississippi Supreme Court. Ms. Mapp's duties also include drafting or reviewing personal and professional services contracts and investment related agreements, ensuring the governmental status of entities requesting membership in the system, assisting outside counsel on securities litigation cases, assisting the third party administrator for the Deferred Compensation Program address legal questions relative to the plan (as well as ensuring federal guidelines are satisfied), assisting the PERS personnel director with issues relative to employee relations, and assisting in the drafting of legislation and agency regulations. She also assists PERS staff, as well as staff from other agencies, respond to questions regarding the application of the statutes which govern the administration of PERS and the separate plans it administers. Such issues include, but are not limited to: membership eligibility, service credit, benefits, disability, beneficiary disputes, refunds, investments, the fiduciary responsibility of the PERS Board of Trustees, and the impact of state and federal legislation on PERS Annual Report Page 105

106 Secretary of State Public Lands pecial Assistant Attorney General Nancy Morse Parkes is assigned to the S Secretary of State's Office Public Lands Division. Her duties include providing general legal advice regarding tax sales, AG opinion research, and other related matters. Additionally, she works with the Secretary of State's Senior Public Lands Attorney on 16th Section Land issues. She handles all suits to clear title in which the state is named as a defendant. In defending these cases, she works with the Secretary of State's office to determine what interest, if any, the State has in the property in question and files the appropriate answer and other pleadings. She handled more than 500 such suits last year. Ms. Parkes represents the Secretary of State in eminent domain suits where the Secretary of State is named as a defendant due to possible interests via un-matured tax sales. Her further litigation duties include protecting the State's interest in lawsuits where individuals claim to own 16th Section School Trust land and Public Trust Tidelands. Ms. Parkes provides legal assistance to the Elections Division in regard to the campaign finance reporting and lobbying laws. She also provides legal assistance to the Business Regulation and Enforcement Division and Business Services Division in certain lawsuits. Ms. Parkes also handles employee appeals board hearings for the Secretary of State. Additionally, Ms. Parkes regularly meets with and advises the Assistant Secretary of State, Public Lands Division; Assistant Secretary of State, Land Sales and Acquisitions; and Assistant Secretary of State for the Gulf Coast on a variety of issues ranging from dealing with other agencies to litigation being handled by outside counsel. Department of Rehabilitation Services pecial Assistant Attorney General Ryan Toms represents the Department of Rehabilitation S Services which includes: the Office of Vocational Rehabilitation, the Office of Vocational Rehabilitation for the Blind, the Office of Disability Determination Services, the Office of Special Disability Programs, Support Services, and the State Board of Rehabilitation Services, which is the Department s governing entity. In his capacity as legal counsel he advises the board and department regarding in-house employment and personnel issues and represents the agency before the Equal Employment Opportunity Commission, Employee Appeals Board, and the Employment Security Commission. He also advises and represents the agency concerning open meetings, public record requests, bankruptcy, garnishments, administrative procedures and hearings, responding to subpoenas, public purchasing, Workers Compensation, immigration, American Indians, contracts, leases, policy and procedures, the Americans with Disabilities Act, Social Security Disability, and other disability related issues. Mr. Toms also recovered $117, for the agency through subrogation claims asserted against third parties responsible for the injuries of agency clients. Through his position with the Attorney General s Office, Mr. Toms also provides training throughout the state to MDRS employees, as well as to employees of AbilityWorks, Inc., on various work-related legal topics Annual Report Page 106

107 Mississippi Department of Transportation MDOT s Legal Division 2016 he Transportation Division of the Attorney T General's Office employs eight Special Assistant Attorneys General full time under its contract with the Mississippi Transportation Commission. The Mississippi Department of Transportation (MDOT) employs one contract staff attorney who works in the division. Two MDOT staff attorneys handle personnel matters and another assists in the Right of Way Division. The Attorney General s office co-ordinates its efforts with those of the staff attorneys. The division s support staff includes one office manager and one branch manager employed by the Attorney General. MDOT furnishes one special projects officer, a contract law clerk, a paralegal, a legal staff assistant, and a receptionist. The Commission also has outside counsel contracts with attorneys who provide services on an hourly, as -needed basis for situations in which special expertise is required or when the in-house attorneys have a conflict. Nine firms worked on eminent domain matters, four handled title matters and real estate closings, five others worked on matters of a general nature, including construction contract matters, worker s compensation matters, and bond matters Changes: The legal division honors the memory of Special Assistant Attorney General Margaret Ellis. Ms. Ellis passed away leaving a legacy of excellent legal counsel and dedication to the State. Special Assistant Attorney General Joel Woodcock celebrated retirement after thirtytwo years of state service. Paralegal Julie Hopkins departed to join the United State s Attorney s office, Northern District of Mississippi. Fiscal Year 2016: During fiscal year 2016, the Commission paid $1,324, under its contract with the Attorney General, $689, was paid to outside counsel for eminent domain matters, $835, for title and closing work, $433, for general litigation and bond matters, and $257, was paid by the tort claims board for legal fees related to tort claim matters. Commission expenditures for legal services totaled $3,908, for the year, up $544, from the previous year. This increase is due to an increase in the use of outside attorneys for title work. With the passage of SB 2362 in last year s legislative session, these costs will be adjusted in the coming year. Costs were offset somewhat by billings to other state agencies, the collection of damage claims in the amount of $126,893.76, and Worker s compensation subrogation claims in the amount of $59, Offset billings will not be available next year Annual Report Page 107

108 Mississippi Department of Transportation (Con t) Litigation The division has continued to take on complex litigation internally, including defense of several highdollar construction claims. These included the settlement of the claim by James Construction Group and others on the I-55 south contract. The division also settled claims by Joe Magee Construction and Talbot Brothers Construction. These matters ended amicably and to the commission s overall advantage as did most of the eminent domain matters. Notably, the commission prevailed on one claim for inverse condemnation made by a party claiming some $15 million in damages resulting from the construction of the Bay St. Louis Bridge, but lost a significant claim related to the permitting of the Canal Road Project in Hancock County ($6M). The commission also lost the appeal of a relatively important case involving the Petal By-Pass during the year. In sum, litigation results for the year were mixed. Routine matters related to garnishments, damage claims, and encroachments were all handled internally by the division. At this time there are 192 MDOT employees who have a total of 261 pending garnishments; there are a total of 95 damage claims pending in the division and 23 active encroachment files. Administrative The bulk of the work of the division involves assistance with the day to day operation of the MDOT. Each attorney is assigned various MDOT divisions and districts. Each serves as the direct point of contact between that division/district and the Office of the Attorney General. A myriad of contracts, memorandums of understanding, letters, and opinions are prepared each week for these clients. Notably one of the attorneys for the division worked through issues on the Greenville Bridge repair project, and another participated in the preparation of the Natchez Bridge pin replacement project. Repairs to highway 82 bridge over the Mississippi River near Greenville 2016 Annual Report Page 108

109 Administrative (Con t) Mississippi Department of Transportation (Con t) Additionally, some work was done for other agencies of state government. As a part of this work, the division assisted in the purchase of the Grenada Railroad and matters related to the tidelands boundaries on the Mississippi Gulf Coast. Division members represented the Department of Finance and Administration, MEMA, the Secretary of State, the Veterans Farm Home Purchase Board, and the State at-large during the year. One of the division attorneys provided patent, copyright, and trademark services to the state s colleges and universities. As part of this work, members of the division serve on many committees of the Transportation Research Board, AASHTO, and the National Cooperative Highway Research Program. This year also saw the conclusion of the division s role as administrator of the Chemfax Superfund Remediation Project. Similarly, MDOT s transfer of the IP Property in Rankin County to Wildlife Mississippi and the Beanfield property to the City of Natchez were also concluded during the year. Conclusion The Transportation Division of the Attorney General s Office continues to strive to give the best possible representation to the Transportation Commission and to the State of Mississippi as a whole, while minimizing the public s expenditures Annual Report Page 109

110 State Veterans Affairs Board T he State Veterans Affairs Board (SVAB) assists present and former members of the Armed Forces of the United States (and their dependents) in securing benefits or privileges under any federal or state law or regulation to which they are entitled in addition to advising the governor and legislature on veterans affairs. The SVAB maintains and operates the State Veterans Nursing Homes located in Collins, Jackson, Kosciusko, and Oxford. The SVAB also maintains and operates the State Veterans Memorial Cemetery and the Persian Gulf War Memorial located in Newton and will soon begin construction of a second State Veterans Memorial Cemetery in Kilmichael which will serve North Mississippi. The SVAB is charged with the duty to inspect, approve, and supervise schools, institutions, and establishments for veterans training under the GI Bill. The SVAB also maintains copies of military discharge documents (DD-214) for Mississippi residents recently released from military service. The SVAB can access Mississippi Draft cards from World War II through post-korea and can access some records pertaining to World War II and Korean War discharges. Veterans Service Officers of the SVAB's Claims Division provide free advice and guidance to veterans and dependents concerning VA claims. These service officers are also responsible for the training of county Veterans Service Officers. Claims Division employees represent the Mississippi State Veterans Affairs Board and are accredited representatives for the American Legion, American Red Cross, American Ex-POWs, Blinded Veterans Association, Fleet Reserve Association, Non- Commissioned Officers Association, and the Veterans of Foreign Wars. The SVAB recently began deploying State Veteran Service Officers to strategic locations throughout the State who provide assistance to legislative offices and support to County Veterans Service Officers. Finally, the SVAB provides speakers for meetings and works with the legislature, governor, and various veterans organizations regarding issues affecting Mississippi veterans. Special Assistant Attorney General Cathy Caldwell serves as General Counsel to the State Veterans Affairs Board. Her duties include representing the agency before the Equal Employment Opportunity Commission, the Employee Appeals Board, and various other agencies and courts. As in-house counsel, she advises and represents the agency concerning open meetings, public records, administrative procedures, contracts and leases, and provides on-site training to the employees of the nursing homes Annual Report Page 110

111 Department of Wildlife, Fisheries, and Parks pecial Assistant Attorney General Doug Mann has been serving as general legal S counsel to the Department of Wildlife, Fisheries and Parks and the Mississippi Commission on Wildlife, Fisheries and Parks, since This agency is one of the largest in terms of number of employees with more than 850 full-time employees. Due to the size of the agency, D. Drew Malone was added to the legal staff at the department as a part-time attorney in 2014 and is now a full-time attorney with the department. The attorneys are assisted by Annette Clark. The attorneys provide legal services including drafting, negotiating, and reviewing contracts, real property transactions, representing the department in the initiation of seized property civil forfeiture proceedings, and advising and representing the department concerning State Personnel Board matters and hearings before the Mississippi Employee Appeals Board. One primary function of the department is law enforcement, which includes not only violations of the game and fish statutes and environmental matters, but also safe boating enforcement and the recovery of stolen boats and motors. The attorneys make presentations at training sessions for all law enforcement personnel and advise them daily on legal matters. The attorneys have also had the privilege of addressing the Prosecutors' Training seminars sponsored by the Office of the Attorney General, and the Mississippi Judicial College training for incoming Justice Court Judges. In addition the attorneys advise department management on various matters dealing with the operation of the 25 State Parks. In 2016, the attorneys assisted and advised the department and commission on matters ranging from promulgating regulations in compliance with the Administrative Procedures Act, to assisting sister agencies in the development of public works projects. The attorneys provide continuing advice and counsel on compliance with state purchasing regulations as well as the regulations of the Personnel Services Contract Review Board in light of recent changes in the procurement laws for heightened transparency. Risk management issues at state parks and wildlife management areas remain a high priority for the department. The attorneys maintain a close working relationship with the Tort Claims Board in order to ensure that claims are processed promptly, as well as providing support and assistance to law firms hired by the Tort Claims Board to defend the department in liability suits. All regulations promulgated by the commission are filed by the legal staff with the Secretary of State's office under the Administrative Procedures Act. The legal staff also assists departmental staff in advising the Chairmen of the Wildlife, Fisheries and Parks Committees of both the House and Senate when reviewing proposed legislation, drafting changes, and researching legislation. The Attorneys also take an active role in national and regional Wildlife organizations such as the Association of Fish and Wildlife Agencies (AFWA) and the Southeastern Association of Fish and Wildlife Agencies (SEAFWA). As members of the legal committees of these organizations, the attorneys have contributed to official comments on proposed Federal regulations affecting interstate movement of captive deer, elk, and other cervids and control of Chronic Wasting Disease (CWD), proposed rules regarding the public waters of the United States, and proposed rules regarding air quality. They have also advised the department and the Attorney General's Office on participation in amicus briefs on matters affecting wildlife and natural resources, such as cases involving the Endangered Species Act and similar issues. The attorneys provide any other legal support that is needed by the commission and the department Annual Report Page 111