Wishard Employee Steals $250,000, Gets Home Detention

This is an unbelievable case. WRTV is reporting on an unidentified former employee of Wishard Hospital stealing $250,000 from the hospital and receiving a sentence of home detention. Here's the story based on a press release issued by Wishard:

A former employee at Wishard Memorial Hospital has been sentenced to home detention after stealing $250,000 from the hospital.


A news release from the hospital Thursday said that a former employee was sentenced to four years of home detention and four years on probation.

The theft was discovered earlier this year and included the diversion of payments intended for the hospital in the amount of $250,000, hospital officials said.
 
The former employee, who was not named in the release, was also sentenced to counseling and ordered to repay the hospital.

The story gives us very little to go on, but you can assume from the facts the former employee had to be in some sort of administrative position with the hospital to have been in a position to steal $250,000. To think that a person could steal that kind of money and simply be sentenced to home detention is an outrage. This is precisely why so many believe our criminal justice system is unfair. Inevitably, it seems white collar criminals engaged in theft are sentenced much more leniently than typical petty theft cases are handled by our criminal courts. In this case, the identity of the guilty former employee is not even being disclosed. What gives? The public needs to know why this person was dealt with so leniently by our criminal justice system, particularly when it involves a theft of public funds.

UPDATE: Fox59 News identifies the former employee who stole $250,000 as Rebecca Sudhop, who worked in the Accounts Receivable department for the hospital:

A former employee from Wishard Heath Services was sentenced to 4 years of home detention for embezzling money from her employer.


Rebecca Sudhop, 53, Fishers, was convicted of theft from her position in the Accounts Receivable Department at Wishard Health Services.

According to a statment from Wishard, Sudhop diverted payments intended for the hospital in the amount of $250,000.

Sudhop was sentenced to 4 years of home detention on December 7th to be followed by 4 years of probation. The sentence also includes mandatory counseling and restitution, which Sudhop has began to pay in the form of property and funds.

The investigation began earlier in the year when employees noticed that funds were possibly being diverted and an internal investigation was initiated immediatedly.

Wishard's internal investigation concluded that there was indeed potetial misconduct by Sudhop, and the Indianapolis Metropolitan Police Department contacted.

The case was fully investigated by the IMPD and then turned over to the Marion County Prosecutor's Office.

What Is "Hoosier Speak"?

I learned something new listening to Public Safety Director Frank Straub's testimony before the Public Safety Committee on his reappointment. Apparently we speak a different language in Indiana than they speak in New York, or at least according to Dr. Straub. The Star's Vic Ryckaert quotes Straub as saying in response to criticism by some of his perceived brashness that he is still learning to "speak Hoosier":

In Wednesday's hearing, Straub faced tough questions from council members and acknowledged his mistakes.


"We're changing an organization. We're trying to go from being a very good organization to being a great organization," Straub told members of the council's Public Safety and Criminal Justice Committee. "We're challenging people to think differently."

Council member Aaron Freeman, a former deputy prosecutor, said Straub's brash leadership has alienated his troops and that his changes will not take hold without "buy-in" from IMPD officers.

"Right now, I fear that some of the members of the Police Department don't feel that buy-in," Freeman said. "What can you do to help the members of the Police Department have that buy-in?" Freeman, a Republican, later voted in favor of Straub, but said it was a difficult decision.

Fraternal Order of Police officials also have criticized Straub for his abrasive management style. An internal FOP survey released two weeks ago showed that just 3.4 percent of police officers said they thought Straub supported them, and only 17 percent said morale in the department was high.

Straub, a native of New York, said he has failed to communicate effectively and noted he is still learning to "speak Hoosier."


Straub deflected some of the problems back onto FOP leaders.

"I think the FOP has a role to play by heralding the good works of our police officers," Straub said.

Before the hearing, FOP President Bill Owensby urged officers to contact their representatives and tell them what they think of Straub. He defended the FOP's actions before the committee.

"The FOP I think is getting a bad rap in terms of being obstructionist," Owensby said in urging the committee to vote against reappointing Straub. "We've got a problem here, folks. It's not going to go away unless the FOP is included.

"We're not being included in anything."

The best example that comes to mind is a story a Ballard insider recounted to me last summer of Straub speaking at a church to a group of ministers and repeatedly dropping the f-bomb while speaking. Straub seemed surprised anyone would be offended by his use of the eff word. That's just how they talk out east you see. I wish someone would just get a straight answer from him on why he requires a traveling entourage of police officers to accompany him. Does he really believe the Public Safety Director needs personal body guards like the mayor?

Bipartisan Senate Vote To Convict Clinton Judge On Impeachment Charges

The Senate impeachment trial of U.S. District Judge G. Thomas Porteous of Louisiana, an appointee of former President Bill Clinton, marks one of those rare occasions when members of both parties set aside partisanship to do the right thing. Porteous, who was represented by well respected constitutional law professor Jonathan Turley in his trial, is only the eighth judge to be removed from the bench through the impeachment process in the country's history. The AP has a good run down of what took place:

The Senate on Wednesday convicted U.S. District Judge G. Thomas Porteous of Louisiana on four articles of impeachment, making him just the eighth federal judge in history to be removed by Congress.

They also approved a motion barring him from holding future federal office.

Porteous, who sat before senators in the well of the chamber as they voted separately on each count, issued a statement after the vote saying he disagreed but "must now accept that judgment."

"I am deeply saddened to be removed from office but I felt it was important not just to me but to the judiciary to take this fight to the Senate," said Porteous, who turns 64 next week. "While I still believe these allegations did not rise to the level of impeachable offenses as a constitutional matter, I understand how people of good faith could disagree."

The Senate voted unanimously to convict on the first article involving cash from attorneys, and with strong majorities on the other three.

Sen. Claire McCaskill, a Missouri Democrat who managed the case, said the bipartisan process worked as intended and "should be reassuring to every American."

"There are times this place is pretty dysfunctional," she said, "but ... I think the responsibility was handled just as the founders would have wanted us to handle it."

Many of the facts in the case weren't disputed. Porteous' lead attorney, Jonathan Turley, acknowledged that the judge made mistakes but argued that they were mostly personal failings that didn't meet the "high crimes and misdemeanor" standard for impeachment. Turley also argued that many of the practices — such as accepting favors and expensive meals — were common in the Louisiana legal community.

But House prosecutors said the evidence showed a decades-long pattern of corruption. They told senators that allowing Porteous to remain on the bench would erode public confidence in the courts and make a mockery of the federal judiciary.

After months of hearings, the Senate closed the chamber for more than two hours Tuesday night to deliberate on his fate. The Senate made its decision Wednesday in a solemn ceremonial vote in which senators sat at their desks and rose when called, saying "guilty" or "not guilty."

Porteous offered little reaction as the decision became clear, mostly looking down at papers before him where an attorney kept a tally of the votes.

In earlier hearings, two attorneys who once worked with Porteous had testified that they gave him thousands of dollars in cash, including about $2,000 stuffed in an envelope in 1999, just before Porteous decided a major civil case in their client's favor. They also said they paid for meals, trips and part of a bachelor party for one of Porteous' sons in Las Vegas, including a lap dance at a strip club.

Another witness, New Orleans bail bondsman Louis Marcotte, described a long-standing relationship in which Marcotte and his employees routinely took Porteous to lavish meals at French Quarter restaurants, repaired his automobiles, washed and filled his cars with gas, and took him on trips. In return, Porteous manipulated bond amounts for defendants to give Marcotte the highest fees possible, said Marcotte, who served 18 months in prison on related corruption charges.

The impeachment article involving the bondsman narrowly won the two-thirds majority required for conviction, with 27 senators voting "not guilty." Porteous' attorneys argued during trial that the alleged misdeeds occurred when he was a state judge and that Congress would be setting a dangerous precedent by convicting him on "pre-federal" conduct.

The final two articles — alleging that Porteous filed a fraudulent bankruptcy and lied to Congress during his judicial confirmation — drew just eight and six "not guilty" votes, respectively.

Porteous' behavior was uncovered in a 1999 FBI investigation that found widespread corruption in Louisiana's Jefferson Parish. The sting netted more than a dozen convictions, but Porteous was never charged with a crime, in part, authorities said, because statutes of limitations had expired.

The Justice Department referred a misconduct complaint to the courts. Porteous was suspended from the bench, and the Judicial Conference of the United States recommended that Congress consider impeachment.

House prosecutors laid out a damaging case against Porteous, a New Orleans native who was a state judge before winning appointment to the federal bench by President Bill Clinton in 1994. The prosecutors said gambling and drinking problems led him to begin accepting cash and other favors from attorneys and bail bondsmen with business before his court.

He also was accused of lying to Congress during his judicial confirmation and filing for bankruptcy under a false name.

I was curious how Porteous managed to file for bankruptcy using an alias. A Special Investigatory Report prepared for the 5th Circuit Court of Appeals described how he accumulated credit card debts in excess of his annual salary as a federal judge that he was unable to repay because of serious drinking and gambling problems. He sought advice from a bankruptcy attorney who suggested he file a Chapter 13 petition when efforts to work out the debts failed. Porteous feared the embarrassment from the filing so his bankruptcy attorney advised him to file a bankruptcy petition initially using a false name and then amending the complaint later to reflect his real name. Porteous embraced the idea and adopted the name, "Ortous, G.T" for purposes of the initial filing. About a month after he filed the initial petition his attorney amended the petition to reflect his real name and actual address. His attorney, Claude Lightfoot (no pun intended), tried to take the fall for "the stupid idea" of using the alias, but Porteous couldn't deny he had signed the original petition using the alias under penalties of perjury. Porteous also admitted he violated the terms of a bankruptcy order prohibiting him from incurring additional credit card debt after he filed his original petition, Nonetheless, he continued running up more credit card debts and taking out $31,000 in markers at local casinos in Louisiana and Mississippi. He compounded his problem by misrepresenting his debts to the bankruptcy trustee overseeing his case. That's in addition to the findings of cash and other favors he accepted while serving as a judge. The Special Investigatory Report details a lot of other misdeeds by Porteous. You can read the full report by clicking here.

Abdul Hakim Shabazz Is A Total Fraud, No Surprise

If WXNT's radio talk show host wanted to set out to poke fun of the masses of unemployed persons in the worst economic recession this nation has suffered since the Great Depression, he could not have done a better job than the publicity stunt he pulled this past week. Radio talk show host Abdul Hakim Shabazz pretended to set out on a mission last week to apply for a job to show how easy it was to find work if you really wanted to be employed. Shabazz said he would rule out applying for any jobs in downtown Indianapolis since he says so many people know the least listened to radio talk show host in Indianapolis and that landing a job there would be too easy. So where would he go in search of a job? Well, he publicly announced that he had applied for a customer service representative position with ACS. "Just 'applied' for my 1st job; ACS call center rep in Anderson. Took 30 min on-line. Even had a 'voice' test over the phone," he wrote on his Twitter wall at the outset of his job search. He continued to post updates on his Twitter wall over the next several days on his progress in landing that job . ACS, of course, would be the same company connected to all of his political crony friends in state and city government who have been raping the taxpayers to enrich the company and its hired gun lobbyists. So today he is boasting he got the ACS job after just five days of searching for a job.

. . . I applied on-line Thursday and got a call from a recruiter on Friday. My interview was on Tuesday.


There were a couple times during the process that everything almost went south. One lady helping out with hiring kept looking at me like she recognized me from television. And during the first interview the hiring manager looked my undergraduate degree in communications and journalism and asked me if I knew I was applying for a job at call center? I told her yes, and she asked me if I was sure about what I was doing. I told her we were good and the interview went ahead.

It was pretty standard and I was able to answer their questions in a mostly truthful manner. They asked me what I did at my other jobs, to which I replied, I spent a lot of time taking calls from angry people and helping them solve their problems. They asked me if I could handle with an irate caller who was abusive and uninformed. I just smiled and said yes. I did have to take a drug test. Here’s a tip, never joke about have poppy seed bagels for breakfast. Drug testers aren’t known for their sense of humor.

While waiting around I got a chance to meet some of the people who were applying for work. I met a woman who used to manage a department store that went under. I met an older gentleman who lost his job. There were some younger people looking for jobs, although someone needed to tell them how to dress for an interview. An Abercrombie sweat shirt, torn jeans and sneakers doesn’t quite say “hire me”.

I eventually met with the main hiring manager and we had a nice chat. She walked me through a number of questions at the end of the interview she offered me a job. The starting pay was $9 an hour, but that’s a training wage. After 8 weeks, depending on your performance, you can make up to $13 an hour and if you work Saturdays, you get an extra dollar an hour. There’s no limit on overtime and there’s ample opportunity for promotion and advancement. Your only limit is what you put on yourself. And yes, it does come with full benefits. And since I’d likely be on the morning shift, 6:30 a.m. – 2:30 p.m., I could still teach and do my other part-time jobs.

Now I know some of you are going to bring up issues like child care, transportation, education, etc. My reply, “so what”. As my grandmother used to say “all God’s children got problems” and you play with the hand you are dealt and deal with it. If you are a high school dropout in the 21st Century I have very little sympathy for you.

And just for the record, I am not taking the job. This was about proving a point. The point was that there is work out there if you are willing to work to look for it. And here’s another little twist for your amusement, by not taking the job I am freeing up the position for someone else who needs it. So my experiment not only proved that there is work out there, but it also created a job.

No need to thank me, the look on your face right now is more than enough.

If you're that desperate for attention, Abdul, why didn't you just drop turkeys out of a helicopter at a crowded mall parking lot the day after Thanksgiving? The only look people have on their faces after reading this tall tale of fraud and deceit is how you can stand to look at yourself in the mirror in the morning.

Don't Worry, Tully Had It All Wrong In 2007 As Well

Star political columnist Matt Tully was convinced Bart Peterson would coast to a third term win as mayor in 2007 because he governed right and deserved to win. Flash forward to today as we begin the countdown to next year's municipal election and once again Tully is predicting a re-election win by Mayor Greg Ballard. I have to give him credit though. While what he writes today might be what he's really thinking, even he knows how wrong he has been in the past so he alerts us to the fact that he is writing another column for Friday in which he will explain why he believes Ballard won't be re-elected. For now, here are his reasons why Ballard won't win re-election:

Today, let's look at the five main reasons Ballard will win his re-election bid. (Don't worry if you're a Ballard foe: My column Friday will look at the five main reasons Ballard won't be re-elected.)


Nuts and bolts. From his first day in office, Ballard has focused on the little things -- potholes, sidewalk repairs and code violations. His administration dramatically improved the Mayor's Action Center hotline. That might sound like a minor point, but the hotline takes tens of thousands of calls each year and now is an example of a government office that competently and efficiently serves taxpayers. 

Meanwhile, it's hard to drive around town these days without seeing a newly paved street or rebuilt sidewalk, and such infrastructure work will pick up even more as new revenue arrives from recent deals. Actually, those deals -- the parking meter lease and water company sale -- were the most controversial of Ballard's term. But they also were devised to raise money for infrastructure. Even critics of the transactions have to admit Ballard addressed basic city needs with them.

An apolitical man. Perhaps Ballard is not fully apolitical, but he's as close to it as anyone who has held a major political office. He's refused to get caught up in partisan debates, and he's declined to let political considerations scare him from making the controversial decisions that a mayor has to make. Rigid partisanship at the local level is a turnoff for voters -- local government is about the basics, not ideology -- and Ballard has won fans by steering clear of that.

He showed up. You know the adage about success largely being a product of simply showing up? Well, Ballard proved that in 2007. And since then, he's played the role of mayor with never-ending energy, showing up everywhere. Neighborhood festivals, community meetings, parades. You name it, and he's likely in attendance.

Last month, Ballard and his wife went to the evening screening of a movie about World War II veterans. No more than 40 people were in the room. But Ballard stayed for two hours, shaking hands and talking with the audience. Attending such events, often away from the spotlight, builds up significant amounts of good will.

Strong team. Even the most adamant Democratic critics agree that Ballard has wisely selected, for the most part, high-level staff. That includes top aides Michael Huber, who guided the major infrastructure transactions, and Robert Vane, who deftly crafted the mayor's message. He recently left the office but will be involved with the campaign.

Ballard, elected as the ultimate outsider, needed to prove he could effectively run the city. That means plowing the streets, setting a vision and looking for creative ways to tackle problems. It also means putting the right people in the right places.

Underestimated. It boggles my mind to hear some Democrats continuing to underestimate Ballard. He's improved as a communicator and a fundraiser while holding on to his average-guy image. He has a record to sell and accomplishments to tout. All of that will make him hard to beat.

 
There is so much wrong with that analysis, but I will hold off further comment until I see his column Friday.

Health & Hospital Corporation's Nursing Home Operator Fined $376,000

The Star's Tim Evans reports on a more than $376,000 fine levied against American Senior Communities ("ASC"), the large nursing home chain that operates nursing homes owned by the Health & Hospital Corporation of Marion County. ASC was cited for employing persons ineligible to work at nursing homes receiving Medicaid funding and failure to self-report according to Evans.

An Indiana nursing home operator will pay $376,432 in penalties to settle a complaint that it employed seven workers who were ineligible to received funds under federal rules.


American Senior Communities’ nursing homes include ones owned by the public agency that runs the Marion County Health Department and Wishard Memorial Hospital.

The Indiana Medicaid Fraud Control Unit, a division of the Office of the Indiana Attorney General, called the problem to the attention of the federal Office of the Inspector General in spring 2009.

The penalties were levied based on an allegation that ASC employed seven people in its Indiana nursing homes who were excluded from participation in federal health care programs, said Steve Solomon, a deputy in the office of counsel to the Inspector General.

The fine was larger than many others levied in similar cases because the alleged infractions were not self-reported by ASC.

During last year's referendum on the new Wishard Hospital, I reported on how the Health & Hospital Corporation has an arrangement with ASC whereby it purchases nursing homes and then leases them to ASC to operate on its behalf. As a government agency providing disproportionate indigent care, the nursing homes operated by ASC on behalf of HHC receive reimbursement rates nearly double that paid to other nursing home operators. This scheme provides a revenue stream HHC is tapping to pay approximately $700 million in bonded indebtedness it is incurring to build a new county hospital. If the federal government ever disallowed this funding arrangement in the future, HHC would be forced to levy new property taxes on Marion County property owners to pay for the new hospital. I also reported on how the level of care provided at these nursing homes wasn't all that it was cracked up to be according to HHC's CEO Matt Gutwein. The Star dismissed the concerns I raised then, but after the referendum was approved, it reported on quality care issues with the HHC nursing homes run by ASC.

Saying Goodbye To My Best Friend

I had to say goodbye to my best friend and companion of the last 20 years today. Luke fell ill recently and has been really struggling. He was in a lot of pain. Making the decision to end any one's life, even a pet, is perhaps the most difficult decision we can face in life. You could not ask for a better friend and companion than Luke has been to me. He was just that kind of a devoted pet. As much as I loved him, I could see in his eyes he was ready to pass to a new world, but he was simply clinging to this life because he knew how much he meant to me. The veterinarian told me his kidneys and liver had shut down, which came as no surprise to me. He might have eaten some of the bad Iams food that was recently recalled. Not sure. Most cats live for only 12 to 15 years. I shall forever cherish the 20 wonderful years I had with Luke. Farewell my friend.

Shootout Between Rap Groups At 300 East

When former Center Township Trustee Carl Drummer announced several years ago he was giving space in the Julia Carson Government Center to a group of Center Township Democratic cronies to operate a restaurant/bar, he said the establishment with "white table cloths" was needed to provide an upscale professional eatery where African-American professionals could meet to network in the inner city. Drummer would later resign his job to become a lobbyist working with one of the establishment's investors, Lacy Johnson of Ice Miller, whose law firm also represents Center Township. Over the weekend, the Star's John Tuohy reports on a shootout that happened in the establishment's parking lot after an argument between two rap groups, one of which was performing at 300 East:

Police were investigating a fight and gunplay between members of two rap groups on the Northside this morning.


Police said at least 14 shots were fired from three guns but no one was injured by the bullets.

The members of one of the groups said they had played at 300 East Restaurant, 300 E. Fall Creek Dr., Sunday night when they were confronted by another group that also played that night, according to an Indianapolis Metro police report. The restaurant is located in the Julia Carson Government Center.

They said about 30 to 40 people were waiting for them in the parking lot and began beating them.

At some point, the victims said, several members of the rap group pulled out guns and started shooting. Two members of the complaining rap group said their cars were struck.

Police found several shell casing from different guns at the scene.

No arrest had been made.

I wasn't aware that 300 East's liquor license allowed it to have performances by live bands. Real classy establishment we have in our government building, eh?

UPDATE: This comment on the Star's website says it all:

Prior to the shootings they described the event on Facebook: " 300 East Tonight is the Indy Rap 1 year anniversary party." Prior to the controversial restaurant and bar in Marion County opening for business, opponents raised concerns about alcohol being served in a publicly-owned building.

It was described in public hearings as a family-style restaurant and bar without live music. "This is not a nightclub and it is not what it is intended to be," said Tim Ochs, attorney. That was the message to the Metropolitan Development Commission which considered a zoning variance to allow the new business to open in the Julia Carson Government Center.

Those against the project said it was the wrong business. "The people in the community do not want this project," said Darla Williams.

A major concern for opponents is putting in a restaurant and bar in a publicly owned building. "I believe it would be unwise policy and a poor precedent to locate a bar in a publicly owned and operated office building where the public's business is conducted," said Clark Kahloe, opponent.

The investment group behind 300 East put in approximately $500,000 in renovations and includes businessman Bill Mays who appeared frustrated over the concerns from opponents. "I don't know why we are making a big deal out of quote what we call a bar. 300 East is described as a restaurant and bar similar to an Applebees and will close 10:00 pm during the week and midnight on the weekend.

You may recall Bill Mays was also the controversial owner of the Savoy nightclub on the far northside that Councilor Angela Mansfield fought so hard to get closed because of various criminal activities associated with the establishment, including drugs and prostitution. You can learn more about the controversial 300 East establishment by clicking here and here.

Turner Out At Duke Over Ethics Flap

The second highest paid executive at Duke Energy has resigned his position in the enveloping scandal involving the controversial hiring of the IURC's general counsel, Scott Storms, by Duke while he served as an administrative law judge on matters directly impacting the regulated utility. The resignation of James Turner comes after the Indianapolis Star revealed damning e-mail exchanges between Turner and IURC officials discussing Storm's hiring, as well as personal communications that revealed an intricately tight relationship between Turner and the IURC's former chairman, David Hardy, who Gov. Mitch Daniels fired after the controversial hiring occurred this fall. The Star's Ted Evanoff has an online update regarding Turner's resignation:

Duke Energy said today that senior executive James L. Turner is resigning after concerns arose over reports of recently published e-mail communications.


Turner, the second-highest paid executive at the utility, carried on a social relationship with David Lott Hardy when he headed the Indiana Utility Regulatory Commission.

The Indianapolis Star recently reported it obtained dozens of e-mails under an open records' law request that showed the two men joked and aired personal topics, sometimes trading messages eight or 10 times a day.

Indiana Gov. Mitch Daniels recently fired Hardy.

Turner was president and chief executive officer of the utility’s U.S. franchised gas and electric business.

"As a leader, I have a duty to exercise the highest level of professionalism at all times in my communications," Turner said in a statement issued about 9 a.m. "In certain e-mails to a former commissioner in Indiana, I fell short of this standard. I am choosing to step away at this time so that our company and our employees can begin to move on from this distraction. I believe this is the best path forward for me and the company."

Jim Rogers, Duke Energy chairman, said in the statement, "We appreciate Jim's long service to Duke Energy and its predecessor companies. I accept Jim's decision and respect his strong sense of personal accountability."

Turner has served as a senior leader of Duke Energy since 2006 when Cinergy and Duke Energy merged. Turner joined Cinergy in 1995.

If ever we had a local case of honest services fraud under federal law, this case should qualify. The FBI is investigating the relationship between Duke Energy and IURC officials as a result of the Star's solid reporting on the cozy relationship between the regulators and regulated that resulted in not only the firing of the IURCs chairman but also led Duke Energy to fire its Indiana president, Mike Reed, and the newly-hired Storms. My concern is that U.S. Attorney Joe Hogsett's close relationship with several high-ranking Duke officials, including Turner, might impede any potential prosecution of a case built by the FBI. I would encourage the Star's reporters, if they haven't already, to request e-mails and other correspondence between all current IURC commission members and officials with regulated utilties. They might discover the cozy relationship with Duke Energy was not unique.