Archives for category: Fraud

Over the past 25 years of experience with charter schools, we have learned that they claim to be public when it is time to get the money, but in all other respects, they are private. Their management is private. They are exempt from many of the laws and regulations that govern public schools. They do not report to an elected board, or to a board that is in any sense accountable to the public or transparent. At least 90% are non-union.

Tom Ultican, a retired teacher in San Diego, saw that the director of communications for the California Charter Schools Association, the most powerful lobby in the state, wrote a letter to the San Diego Free Press, saying that they had been unfair to charter schools and that their stories contained many inaccuracies, although he did not identify any.

Ultican took him to task for his failure to document any inaccuracies and wrote:

Unfortunately, charter schools have become profit centers for real estate developers and charter management organizations. Instead of fulfilling their original mission to be education innovators, they have too often become fraud infested enterprises lusting after tax dollars. It did not have to be this way…

Calling charter-schools public-schools is false. It is political spin. That is too nice. It is a lie.

When the city of San Diego contracts with a construction company to repair roads, that company is still a private company. When the state of California approves a contract, known as a charter, with a private company to educate students, the company gets paid with tax dollars. It is still a private company and is not required to comply with open meeting laws, elected school boards, much of the state education code and budget transparency like a public school. They are private businesses.

This lie is very profitable to charter school owners:

Whether they are for-profit or non-profit they are private companies and the distinction between for-profit and non-profit is quite obscure. For example, Mary Bixby, San Diego’s pioneer in the strip mall charter school business, puts children at computers running education software. Very little personal teacher-student interaction takes place but teenagers who don’t like to get up in the morning can go to the strip mall and earn credits toward graduation. In 2015, the non-profit Mary founded paid her a “salary” of $340,810 and her daughter Tiffany Yandell received $135,947.

It is easy to take offense at the truth. But, ignoring the daily lies from the highest levels of our government, honesty is always the best policy. When you tell the truth you don’t need a “communications director” to spin bad stories.

Charles P. Pierce, blogger for Esquire, is one of my favorite writers. He has a knack for getting right to the point with pithy phrases and colorful images.

In this post, he calls out a few of the unsavory profiteers in the Trump administration, starting with Ryan Zinke and Scott Pruitt, who have a taste for first-class travel on the taxpayers’ dime.

Then he gets to DeVos, and he skewers her for abandoning the Department of Ecucation’s Obligation to protec college students who are victims of fraud by for-profit “universities” like Trump University.

DeVos’s spokeswoman Elizabeth Hill defends DeVos’ indefensible actions, as usual.

Pierce writes:

Where do they find these embarrassingly bot-like public liars? How does one “provide oversight” beyond doing investigations? As to Ms. Hill’s assurances that the presence of so many former higher-ed scamsters in the department had no influence in the decision, well, we are once again up against the most serious ontological question about this administration: How many foxes do there have to be before the henhouse becomes a foxhouse?

Stephen Dyer, former legislator in Ohio, now a fellow at Innovation Ohio, notes that Ohio’s Republicans are scurrying to denounce ECOT, which is now a criminal investigation. Some are even returning campaigning contributions. How did ECOT manage to survive for nearly 20 years while providing a low-quality education and receiving $1 billion from the state?

Bill Phillis of the Ohio Equity and Adequacy Coalition said in a post today that the owner of for-profit ECOT was very generous in distributing campaign contributions to influential officials. He wrote: The ECOT Man really covered all the bases when doling out campaign funds-county prosecutor, legislators, party caucuses, governors, attorney generals, secretaries of state, state treasurers, supreme court justices and probably other office holders. The money doled out came from tax dollars that should have been used to educate students.

Some Republicans are trying to blame Democrats too, since there was a Democratic governor in 2009. But Dyer points out that Governor Ted Strickland tried to slash the appropriations for e-schools by 70%, and Republicans threatened to block the entire state budget unless the cut was restored.

It’s very simple. Gov. Strickland’s budget that year called for a 70 percent cut for Ohio eSchools. That’s right. If Gov. Strickland’s budget had passed unamended, ECOT funding would have been cut by 70 percent, effectively ending the school 10 years before it actually shut down, which would have saved Ohio taxpayers about $700 million that went to the school since then. Not to mention the lives of thousands of students ECOT failed to graduate.

By the way, of the 3,794 students who actually did graduate ECOT the first year of the 2009 budget, only 109 have college degrees today. Just by way of reference.

However, Ohio Republicans still controlled the Senate during the 2009 budget. I was in those budget negotiations and I can tell you that we were told in no uncertain terms that if the 70 percent cuts stayed in the budget, there would be no budget for the 2009 session — severely crippling Ohio’s potential economic recovery from the Great Recession.

When Dyer ran for re-election, he was targeted for defeat by a group that included ECOT.

The Republicans own this scandalous waste of taxpayer dollars. They should be held accountable.

Good riddance to bad rubbish!

Trevor Noah of the Daily Show explains here in a short video everything you need to know about Betsy DeVos’s decision to terminate the unit investigating fraud in the for-profit college sector. This is an example of a video conveying more than thousands of words.

Bill Black, a specialist in white-collar crime, discusses Betsy DeVos’ plan to dismantle the U.S. Department of Education team investigating fraud at those predatory for-profit colleges and to staff the Department with veterans of the institutions under investigation. Like many people, I have described her actions as “putting the fox in charge of the henhouse.” Black says it is far worse than that. The right metaphor, he says, is putting the vampire in charge of the blood bank. What is happening now is not just a policy dispute; it is a deliberate program to protect institutional behavior that should be treated as criminal fraud. The victims are college students who are poor and middle-class, who have every right to expect that the government will protect them against fraud, not enable the fraud.

This is only a part of the interview. Open the link and read the rest.

GREGORY WILPERT: It’s The Real News Network. I’m Greg Wilpert, coming to you from Quito, Ecuador. The U.S. Department of Education, under the leadership of Education Secretary Betsy DeVos, is halting investigations into fraudulent practices of for-profit colleges, according to a report that the New York Times released last Sunday. The Obama administration’s Education Department had placed a special team in charge of investigating false advertising, deceptive recruitment practices, and false job placement claims at for-profit colleges. One of the most prominent investigations was the DeVry Education Group, recently renamed Adtalem Global Education, which is one of the largest for-profit educational companies in the world, with nearly two billion dollars in annual revenues.

Joining me to analyze the consequences of abandoning these investigations into for-profit colleges is Bill Black. Bill is a white-collar criminologist, former financial regulator, and associate professor of economics and law at the University of Missouri, Kansas City. He’s also the author of the book, The Best Way to Rob a Bank Is to Own One. Thanks for joining us again, Bill.

BILL BLACK: Thank you.

GREGORY WILPERT: So, one interesting aspect of the story is that Education Secretary, Betsy DeVos, hired several people from for-profit education institutions to work in the Department of Education. These include Robert Eitel, her senior counselor, Diane Auer Jones, a senior advisor on post-secondary education, and Carlos Muñiz, as the department’s general counsel. What’s going on here? Shouldn’t these appointments be considered conflict of interest and ring all kinds of ethics bills?

BILL BLACK: So first, ten seconds of personal privilege to welcome into the world, three hours ago, Heidi Weaver, our new granddaughter. Second, I made the easiest prediction of my life, after Trump was elected, that Warren Harding and Ulysses Grant could rest easy in the history books because there would no longer be a debate about the most corrupt administration in U.S. history. It would clearly be the Trump administration. There’s been a lot of focus on Scott Pruitt over at the EPA, in terms of corruption. But Betsy DeVos is giving him a consistent run for the money, just more under the radar.

So, here’s the background. First, out of the great financial crisis of 2008, one of the extraordinary things was that the most devastated people, in terms of loss of wealth, were not folks without college degrees, but actually folks with college degrees, who were either Latinx or Black. If you were Latinx, your average loss of wealth during the financial crisis, if you had a college degree, was nearly eighty percent. And it was roughly sixty percent if you were Black. That reversed the pattern for whites, where if you had a college degree, your percentage loss of wealth was lower than whites who had no college degree.

Now, part of that, of course, is the mortgage markets- being put into predatory mortgages at the worst possible time, at the peak of the bubble. But another thing, major thing, in terms of Blacks and Latinos, is that they are- disproportionately, they go to for-profit universities. And for-profit universities, characteristically- and this isn’t just recently, this goes back to World War II era, just after World War II when for-profit colleges first became a substantial deal.

And here’s the triple-whammy you get. One, they are much more expensive than regular universities. Two, you get a- statistically, a much, much worse education. That means your prospects in terms of jobs are far worse. And third, you’re left in massive debt because of the combination of the first two things. So that, instead of being the route to success, it is, as those overall statistics I cited, been an enormously good way of losing extraordinary amount of wealth between the mortgage markets and these for-profit universities.

So, long before the Obama administration came in, people have been writing about the really high incidents of fraud in these for-profit universities. The GAO actually sent undercover investigators that pretended to be people applying for college, which is, of course, really easy to send in testers of that kind. In every single case- so, I think they send them into the eight largest. In every single case, the supposed student was induced to do something that would be a false representation, which is to say, a crime.

In three of the eight cases, at least, the college counselor for the for-profit university consciously, expressly told them to lie and how to lie. Subsequent investigations under the Obama administration have documented the widespread layers of fraud, and for-profit universities have finally begun to experience what they should, which is that it’s very difficult- it’s more difficult to con people, and the government was finally cracking down. And that was- the problem was finally being reduced, and indeed there was some remedy at the federal level.

Because, after all, these are students had been induced by fraud to get into situations where they were literally driven bankrupt by the combination of expenses, debts, and limited increased employment prospects. And as viewers will, I hope, remember, the Republicans changed the bankruptcy laws so that student debt is not dischargeable in bankruptcy. So this, you know, is a cloud that stays over your entire life if it forces you into bankruptcy, from which you make never economically recover.

So, finally there was some recognition at the federal level that it was completely inappropriate to allow these entities to drive you bankrupt through what had been fraudulent misrepresentations to the students. And all for-profit universities live- I mean, and I mean almost totally live on federal grants to the students for education. Without those federal grants, no major chain of for-profit universities could exist. So, we’re really subsidizing all of these fraudulent entities through federal grants. And you would think an administration that A, promised to drain the swamp, and B, to stop these kind of rip-offs of the public sector, would crack down. But of course, none of us is surprised at this point to learn that it’s exactly the opposite.

The metaphor usually used is that DeVos has put the fox in charge of the chicken coop. But it’s really more- the way these for-profit universities operate, it’s more like you would put the vampires in charge of the blood bank, because they are basically sopping up the lifeblood of middle and working-class, and even poor people, through this device of the for-profit fraudulent rip-offs. And Betsy DeVos is now ensuring that the vampires can do this with absolute impunity from the laws.

Aaron Ament wrote an article in the New York Times about the U.S. Department of Education’s abandonment of students who were defrauded by predatory for-profit colleges. Ament worked on these issues during the Obama administration.

“In 2016, after years of broken promises, deceptive recruiting practices and exponential growth in the for-profit college sector, things seemed to be changing for the better.

“Spurred by the creation of a unit in the Department of Education devoted to cracking down on predatory institutions, and the announcement of new protections for students, some of the biggest names in the industry voluntarily ended some of their most egregious practices or shut down, while others reached sweeping settlements with the government.

“Today, that investigative unit, which I helped create, is virtually dead. Its members have largely been assigned to other tasks by an Education Department that includes an alarming number of executives from those very same for-profit schools.

“The unit is the latest casualty of an administration that seems to think that big corporations need protection from consumers, rather than the other way around….

“In 2013, I took a job as a lawyer for the Education Department. Soon after, I started working with the California attorney general’s office to investigate fraud at Corinthian Colleges, based in Santa Ana.

“We learned the situation was worse than could be imagined at this publicly traded for-profit chain, which at the time was the beneficiary of more than $1 billion a year in federal student loans and grants.

“We heard of students recruited out of homeless shelters with false promises of jobs, and of others stashed in temporary jobs for less than a week so that the school could include them in the job placement rate it had to disclose to regulators and prospective students.

“These students would go on to amass student loan debt that their bleak job prospects would never help them repay….

“In 2013, I took a job as a lawyer for the Education Department. Soon after, I started working with the California attorney general’s office to investigate fraud at Corinthian Colleges, based in Santa Ana.

“We learned the situation was worse than could be imagined at this publicly traded for-profit chain, which at the time was the beneficiary of more than $1 billion a year in federal student loans and grants.

“We heard of students recruited out of homeless shelters with false promises of jobs, and of others stashed in temporary jobs for less than a week so that the school could include them in the job placement rate it had to disclose to regulators and prospective students.

“These students would go on to amass student loan debt that their bleak job prospects would never help them repay….

“Consider what happened at the for-profit DeVry University. Murray Hastie, an Iraq war veteran suffering from post-traumatic stress disorder, was aggressively recruited by DeVry. Mr. Hastie was told that his G.I. Bill benefits would cover all of his tuition, in addition to giving him a monthly living stipend.

“However, he later learned DeVry was saddling him with more than $50,000 in student loans. When his P.T.S.D. worsened, Mr. Hastie left the school and sought treatment at a V.A. hospital. After leaving the hospital, he recounted in a forthcoming documentary, “Fail State,” he tried to enroll at his local community college, but found that all of his G.I. benefits had been exhausted….

“After Ms. DeVos took over, she hired several executives from the same for-profit institutions that the department was investigating. Former employees of Bridgepoint Education and Career Education Corporation, which both run for-profit colleges that were reportedly under investigation, are now working for her. Investigations into those colleges seem to have been dropped. A former DeVry dean supervised the very unit that is now being dismantled.

“At the same time, Secretary DeVos is also trying to bar students and state attorneys general from suing for-profit student loan servicers. And at the Consumer Financial Protection Bureau, Mick Mulvaney has weakened the office assigned to protect students from financial abuse.

“Predatory colleges are being given a green light to return to their abusive ways. The message to millions of Americans lured by the false promises of predatory companies is clear: The Trump administration is not on your side.”

The U.S. Education Department’s accreditation advisory committee will discuss the conversion of for-profit colleges to non-profit status at a meeting from May 22-24. The chair of the National Advisory Committee on Institutional Quality and Integrity (NACIQI) is Art Keiser, the chancellor and CEO of Keiser University. This Florida-based school converted from for-profit to non-profit status in 2011, which is the subject of the discussion. Some Senate Democrats, led by Senator Elizabeth Warren, have urged that he recuse himself, since he obviously has a conflict of interest. Secretary DeVos will decide whether he does. Or will he have the decency to do it himself? What could possibly be dubious about a college headed by its founder and namesake?

Keiser for many years was the face of for-profit higher education, even chaired the for-profit’s lobbying group in D.C., and now he in charge of regulating the industry? What a bad joke Betsy DeVos has pulled on the nation. Keiser led the way in converting his own namesake institution from for-profit to non-profit, but the Miami Herald reported that it was still lucrative.

Robert Shireman of the Century Foundation developed a very informative and important graphic about the sham of converting colleges from for-profit to non-profit. You should see it. The link is at the end of this post.

In his email to me, he noted the similarities between ostensibly non-profit charters that are actually managed by a for-profit, and “colleges” that convert to non-profit status yet remain for profit in fact.

He makes the following points:

1. The abuses of students and taxpayers have occurred predominantly at for-profit colleges.

2. That’s because removing investors from power positions in schools (being nonprofit) reduces the incentives for exploitative and predatory practices.

3. For-profit colleges want the “nonprofit” label but without properly separating profit from corporate control.

He adds, “These problems keep recurring over history. NACIQI’s leadership is needed to assure that nonprofits, at least, are safe for students and taxpayers.”

But, can NACIQI regulate these institutions, as it is supposed to do, when its chair heads an institution that is an exemplar of the institutions under investigation?

Read the report here.

The largest virtual charter school in Ohio was the Electronic Classroom of Tomorrow (ECOT). Its for-profit owner William Lager collected over $1 billion in taxpayer dollars since it opened in 2000. He gave campaign contributions to state officials, and they looked the other way. They even spoke at his commencement ceremonies. When the state actually audited ECOT, it found inflated enrollments and went to court to collect money from Lager. ECOT lost its authorizer, and Lager declared bankruptcy.

Most of ECOT’s students have transferred to another online charter, the Ohio Virtual Academy, owned by Michael Milken’s for-profit K12 Inc.

K12 Inc. has asked the state to hold it harmless for the expected low academic performance of the transfer students from ECOT.

Will voters hold state officials accountable for allowing these frauds to continue collecting money from them?

This is a scandal.

When Betsy DeVos was appointed as Secretary of Education, she held investments in the for-profit higher education sector, which is known for fraud, high attrition, and low graduation rates. Presumably, she divested, but it is not clear whether she did.

Now she has turned over the job of revising regulations of the for-profit colleges to former high-level executives from the same sector.

Does anyone doubt that their mission is to remove all constraints on these quasi-criminal enterprises that have defrauded millions of students and gotten away scot-free?

Education Department adviser Robert Eitel, hired by the Trump administration last February after four years in the for-profit college industry, played a role in suspending an Obama-era policy known as “borrower defense to repayment.” The rule made it easier for students, enticed into taking out five-figure loans on promises that they would get good jobs, to file for debt relief. It also allowed the government to recoup the losses from the schools.

Ultimately, those potentially most impacted include many predominantly low-income, and minority students disproportionately represented at for-profit colleges and often saddled with high student loans and facing poor job prospects.

Education policy changes involving for-profit colleges has been a touchy subject since Secretary Betsy DeVos, who entered office with investments tied to the for-profit college sector, took over the department following Trump’s election.

The revelations about Eitel’s engagement in borrower defense policy come on the heels of a New York Times report that the department has been dismantling a team investigating widespread abuses by for-profit colleges. Education spokeswoman Liz Hill told the Times the group shrunk because of attrition and said no new hires with ties to the for-profit college industry had influenced the group’s work.

Eitel, who had also worked as an Education Department attorney under President George W. Bush, isn’t the only for-profit college executive DeVos has brought into the Department. The secretary also drew ire when she tapped Julian Schmoke, Jr., a former dean at the for-profit college DeVry, to lead the department’s Student Aid Enforcement Unit last August.

There’s no indication Schmoke was involved in the delay of the borrower defense rule.

Eitel — a former vice president at two for-profit college operators, Bridgepoint Education and Career Education Corp. — joined the Trump administration in February as part of a so-called “beachhead team” formed to usher the agency through the transition.

For two months, he worked at the Education Department while on unpaid leave from Bridgepoint, according to financial disclosure forms. He formally gave up his position at Bridgepoint in April, when he was hired on a permanent basis as a senior adviser to DeVos.

Although Education Departments ethics officials maintain working on borrower defense wouldn’t have violated his ethics agreement, Eitel has up until now refused to say publicly whether he had a hand in the borrower defense delay.

Eitel’s Involvement in Borrower Defense

On June 14, DeVos announced she was suspending the borrower defense rule, arguing that under the rule, “all one had to do was raise his or her hands to be entitled to so-called free-money.”

Emails obtained by the executive branch watchdog group Democracy Forward and shared with ABC News show in the days leading up to the announcement, Eitel circulated borrower defense talking points to staffers, edited background documents, and even signed off on the official delay notice.

This is a classic case of the fox guarding the henhouse. Or worse.

Is this Trump University’s Revenge?

Two years ago, the New York Times published a front-page story about the scandal of Ohio’s Electronic Classroom of Tomorrow (ECOT), which boasted “the largest graduation class in the nation” but also had the lowest graduation rate in the nation and referred to it as a “dropout factory.”

The article said ECOT was enriching its owner, not its students.

But while some students may not have found success at the school, the Electronic Classroom has richly rewarded private companies affiliated with its founder, William Lager, a software executive.

When students enroll in the Electronic Classroom or in other online charters, a proportion of the state money allotted for each pupil is redirected from traditional school districts to the cyberschools. At the Electronic Classroom, which Mr. Lager founded in 2000, the money has been used to help enrich for-profit companies that he leads. Those companies provide school services, including instructional materials and public relations.

For example, in the 2014 fiscal year, the last year for which federal tax filings were available, the school paid the companies associated with Mr. Lager nearly $23 million, or about one-fifth of the nearly $115 million in government funds it took in.

Dave Yost, the auditor for the state of Ohio, is running for State Attorney General. Recently, he has made much of his audits of the failed ECOT, which collected about $1 billion from taxpayers over its 18-year history but recently shut down when state audits revealed its inflated enrollments, and the state demanded repayment of $80 million.

The Democratic party of Ohio is calling out Yost for ignoring the ECOT scandals until this past year. Yost posted a “timeline” to show that he had been on top of the ECOT problem, but Democrats pointed out more than 20 omissions from Yost’s timeline.

Highlights from more than 20 omissions we identified:

*Yost’s timeline draws reporters’ attention to his 2015 and 2016 charter attendance audits. What it doesn’t say is Yost exempted ECOT and other e-schools from both efforts.
*Yost’s timeline does not include the three awards for bookkeeping the auditor gave the school.
*Yost’s timeline does not include the nearly $30,000 in campaign contributions he took from ECOT.

Innovation Ohio tweeted:

@innovationohio

As Dave Yost tries to mop up his disastrous handling of the ECOT scandal with his 7 years too late audit findings, see what he had to say just a couple years ago when he gave ECOT an ACCOUNTING AWARD for having “best practices in place” and having “no problems with the audit”

Betsy DeVos wants more ECOTs, more K12 Inc. online virtual charters. Study after study has shown that they are ineffective educationally but highly profitable. DeVos was an investor in K12 Inc., and probably divested when she became Secretary but whether or not she is an investor, she supports the online charter sector.