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American Senior Communities Nursing Home Executive Handed Stiff Sentence For Kickback Scheme

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Former Chief Executive Of American Senior Communities, To Spend 114 months In Federal Prison.

John Russell for www.theindianalawyer.com

James Burkhart’s hopes for a light sentence were dashed Friday afternoon when a federal judge handed down a 9-1/2-year sentence for his role in leading a massive kickback scheme as CEO of Indiana’s largest chain of nursing homes.

After hours of testimony, Judge Tanya Walton Pratt sentenced the 53-year-old Burkhart, the former chief executive of American Senior Communities, to spend 114 months in federal prison.

Burkhart pleaded guilty in January to conspiracy to commit mail, wire and health care fraud for schemes he oversaw during his leadership at ASC.

Prior to sentencing at the federal courthouse in Indianapolis, Burkhart told the judge he was sorry, and his voice broke as he asked for mercy.

“I stand before you a destroyed and broken man. … I put myself before my duties and that’s wrong. … I apologize and I admit the crime,” he said.

Prosecutors had asked for a stiff prison sentence, portraying Burkhart as a greedy executive who wasn’t satisfied with a $1.4 million salary, a large house in Carmel and two vacation homes.

“Sending this man to prison for a long time will send a message,” Assistant US Attorney Nick Linder said just before the sentencing. “Health care executives will take notice. Vendors will take notice. There is nothing average about this case. This is one of the most complex frauds involving the most money in the Southern District.”

Prosecutors said Burkhart, along with three others, took part in a kickback scheme between January 2009 and September 2015 that netted them $16 million. Burkhart was fired in September 2015, after the FBI raided his house.

“He wanted more,” they wrote in a sentencing memorandum. “More money. More vacation houses. Private jets. Golf vacations. Gambling in Las Vegas. Diamond jewelry. Gold bars.”

But lawyers for Burkhart asked for only a four-year sentence, saying he never placed the nursing home residents in jeopardy and devoted himself for decades to caring for the elderly.

“To be certain, Jim does not and will not mince words when accepting responsibility for his conduct,” defense attorney Larry Mackey wrote in a memorandum filed a week ago. “Thankfully, there is equal certainty that the well-being and care of over 8,000 … residents were never placed in danger by Jim’s crimes. Nor is there any doubt that those residents received the goods and services purchased from vendors which produced a personal profit to Jim.”

Burkhart was indicted in 2016, along with Daniel Benson, the company’s former chief operating officer; and associates Steven Ganote and Joshua Burkhart, who is James Burkhart’s brother.

Authorities say the four used shell companies and inflated invoices to enrich themselves. The victims of the fraud were Indianapolis-based ASC, which is owned by the Jackson family of Indianapolis; the Health & Hospital Corporation of Marion County, which hired ASC to operate its nearly 70 nursing homes; and federal health care programs.

The two sentencing memos could not be farther apart in how they portray Burkhart. The government’s memo said Burkhart was greedy and “dangled the golden carrot of the purchasing power of the state’s largest nursing home chain” to vendors if they would inflate their invoices and kick the overcharge back to his shell companies.

The kickbacks covered all sorts of purchased goods and services, from landscaping and nurse call lights to American flags and pharmacy and hospice services.

“He funneled $19.4 million to himself and others, nearly $10 million of which belonged to Indianapolis’s public health system,” the government’s memo said. “And with it, he bought a vacation house, diamond jewelry, private jet flights, and gold bars and gold coins — all for no other purpose than pure greed.”

But the defense’s memo paints Burkhart as a hardworking, humble man who helped many people along the way, and gave “the highest standards of quality and care” to his nursing home patients.

“Nevertheless, Jim recognizes that as a result of his actions, (officials) had to expend time, money and energy investigating and remediating the fallout. He understands and regrets that he used his position of trust to steal public funds.”

New USI Study Abroad Scholarship In Honor Of Dr. Linda L. M. Bennett

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In recognition of the leadership of retiring University of Southern Indiana president Dr. Linda L. M. Bennett, the USI Foundation has announced the establishment of the Amy MacDonell and Randall Shepard Endowed Study Abroad Scholarship.

MacDonell, a USI trustee from 2006 to 2018, and her husband Shepard retired Indiana Supreme Court Chief Justice and long-time friend of USI, endowed the scholarship that will provide $8,500 per year in scholarships to assist students with the costs of participating in a study abroad program through USI’s Center for International Programs.

“This was the right time to honor the amazing tenure of Dr. Linda Bennett and celebrate her service,” said MacDonell.  “These scholarships will reflect the spirit of Dr. Bennett, who has opened doors for students.  We are pleased to help students experience the broader world and gain a deeper understanding of their place in that world.”

The USI Center for International Programs offers study abroad programs in 60 different countries in North America, South America, Europe, Asia, Africa, Australia, and Oceania. Programs range from faculty-led trips to a full semester and academic year programs and internships.

For more information about USI’s study abroad program, visit USI.edu/international. For more information about the USI Foundation, visit USI.edu/giving.

USPS Soil Health Forever Stamp Suggestion

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USPS Soil Health Forever Stamp Suggestion
Nearly 60 years ago the US Postal Service issued a Soil Conservation stamp emphasizing the importance of soil and water conservation measures like contour plowing to those who farmed and its relationship to those living in urban areas. 25 years later they issued a stamp for Soil and Water Conservation Districts commemorating 50 years of the SWCD movement in the US. And in the years since, while they have issued stamps about farming and wildlife conservation, they have not returned to focus on the one unifying piece that makes all of it possible, our soil.
The Indiana State Department of Agriculture is leading an effort asking the USPS to issue a Soil Health Forever stamp in the near future to promote the growing movement across the country and we would appreciate your support. You, or your organization, may send us a letter of support, or you may indicate your support of the letter below by completing this form.
Please send your letter of support to Meg Leader, Director of Soil Health, Division of Soil Conservation, ISDA, One North Capitol, Suite 600, Indianapolis, IN 46204 or email it to mleader@isda.in.gov. Letters should be addressed to the Citizens’ Stamp Advisory Committee.
We will be collecting all letters and signatures until July 9, 2018, and will submit our formal suggestion in July. We are asking for emails and addresses to indicate that your support is valid, but you are not being put on any sort of mailing list. Unless you contact us, we will not send you anything.
Thank you,
Chis Lee
1959 Stamp
1959 Stamp
Letter of Support

Dear USPS Citizens’ Stamp Advisory CommitteeI am signing this letter to support the Indiana State Department of Agriculture’s proposal to issue a Healthy Soil Forever stamp to help create a public awareness about the importance of our irreplaceable natural resource – the soil and our ability to continue to provide food, fiber, and fuel for our rapidly growing population across the planet.

As we face mounting production and sustainability challenges of the 21st century, focusing on soil health is the right thing to do – and now is the right time to do it. The world is facing enormous challenges in terms of dwindling farmland acres, extreme and unpredictable weather events, and our ability to sustain our natural resources while trying to produce more.

Millions of people across America make important decisions about their land each day. And, every acre counts when it comes to soil health – whether you have a small backyard garden, a community garden, a forest, or thousands of acres of farmland or ranchland. Protecting and conserving our available natural resources begins with the soil.

Soil health practices such as minimal soil disturbance, planting cover crops, always keeping the oil covered with residue, mulch or growing plants, and rotating crops have been shown to increase both organic matter and biological activity which is the lifeblood of healthy soil.

Improved soil health can decrease flooding and water runoff; reduce fuel consumption; reduce pollutants in our drinking water and air; increase healthy habitat for livestock, pollinators and wildlife; increase crop productivity; and at the same time, improve the bottom line for those who grow our food.

I believe that soil health practices can positively affect the future of our country and I have made a personal pledge to educate those around me about the benefits of changing the way they think about our living and life-giving soil.

As a signatory to this letter, I encourage you to support the resource upon which all terrestrial life depends—our living and life-giving soil. A “Healthy Soil Forever” stamp will go a long way in communicating this critically important message to our fellow citizens.

1985 Stamp

1985 Stamp celebrating 50 years of SWCD
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CCO CONFIRMS COUNTY COMMISSIONER BEN SHOULDERS EATING DISORDER?

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IS IT TRUE COMMISSIONER BEN SHOULDERS MAY HAVE AN EATING DISORDER?

IS IT TRUE Last month we were informed by anonymous sources that the Vanderburgh County Commissioner Ben Shoulders was addicted to eating “FISH TACOS at TACO TIERRA” located on Greenriver Road?

IS IT TRUE we approached Mr. Shoulders and ask if he had a food addiction and his replied was “heck no?’

IS IT TRUE that last Friday our investigative photojournalist camped out at TACO TIERRA  during lunch time and he took a photo of Commissioner Shoulder alledging eating nine (9) FISH TACOS?

IS IT TRUE that it’s alleged that Mr. Shoulder eats on the average of nine (9) “FISH TACO” at “TACO TIERRA” every Friday?

IS IT TRUE that we have been contacted by several friends of Mr. Shoulders and ask us to establish a “GO FUND” account so we can raise enough money for them to hire an expert in eating disorders?

IS IT TRUE that we have now been told that Mr. Shoulder drinks eleven (11) purple slushies from SONI Drive-In restaurant several times a week?  …It has also been alleged by anonymous sources that Mr. Shoulders has a slushies drinking problem?   …this is definitely a developing story?

FOOTNOTE: This article was created for the sole purpose of having fun with County Commissioner  Ben Shoulders.  

 

IS LOCAL JOURNALISM IN LOUISVILLE GOING TO DIE

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Is Local Journalism In Louisville Going To Die?

“…were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter. But I should mean that every man should receive those papers and be capable of reading them.”Thomas Jefferson, 1787
Dear loyal reader,
We all used to love our newspapers. And many of us remember a time when the Courier Journal was a formidable winner of Pulitzers and international acclaim. Louisville was a fortunate city to have such fantastic local reporting. We remember when the Courier was an institution, a morning ritual, the glue that held us together. There were dozens of reporters focused on local issues that mattered. And of course, there was also sports, weather and the breaking news we all wanted.
Those days are gone. The newspaper industry, and the Courier along with it, is a mere shadow of its former self. In cities across the country, local media is crumbling under unsustainable business models created by the internet and its dominant duopoly of Facebook and Google.
Jefferson’s quote is more vital today than ever. But instead of newspapers, we have the internet. And Louisville is developing a new morning ritual—reading Insider Louisville.
The days of paying a hundred dollars a year for a subscription, with pages and pages of classifieds and display advertising are gone. And so is the business model for local news. Now, we are all on the internet.
And, the internet has challenges of its own. The business model depends on lots and lots (and lots) of clicks. So “news” is generated to create clicks. Privacy is a huge and very real concern. Companies sell your private information to marketers and politicians, and ads follow you wherever you go. All the while doing so without your permission.
But this does not mean Local journalism in Louisville is going to die, it just needs to be reimagined and reinvented.
Last year, we decided that a nonprofit business model is the best path forward for Insider Louisville. Why? Because community support is the only way local news can survive in the 21st century.
We know that the click bait ad model does not serve our readers or our city when it comes to real news. And we therefore must go to you, the reader, for support. Already we are getting significant validation for our mission. We are grateful and honored to have received generous support from the James Graham Brown Foundation and several individuals, each of whom know how important our mission is to our city’s vitality.
But we need to hire more reporters writing more stories about things that matter. And we need your help if we are going to focus on local stories of importance, not stories that get the most clicks.
So, please consider supporting Louisville’s only digital local news source with a monthly commitment of just $10 (or more if you choose). When you do, you can be proud of the fact that you have contributed to growing the city’s largest digital-first newsroom.
Thanks for being a loyal Insider Louisville reader. We hope we can continue to be your local source of the newsworthy stories that impact our community and its future.
Tom Cottingham
Insider Louisville CEO

Deadline Extended And Scholarships Available For The Evansville African American Museum Theatre Camp

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Registration deadline has been extended. Scholarships are available to help offset the registration cost.

This 2-week camp provides Evansville area students with the opportunity to develop, rehearse and perform a production for family, friends and the community.
• Build self-confidence by conquering challenges and developing new skills
• Learn all aspects of putting together a professional stage show.
• Make new friends and have fun!

Dates: July 9 through July 20, 2018
Time: 8 am – 4 pm
Location: Bosse High School, 1300 Washington Ave, Evansville IN
Open to Grade 4 through Grade 12 students
Cost: $75.00 per student
Performance July 19 & 20 start time 6:30 PM
Tickets: Adult $5.00, Children 5-18 $2.00
For more information contact Deborah Wagner 812-425-7760,
Janice Hale 812-423-5188 or click here

Deadline extended and scholarships available for the Evansville African American Museum theatre camp

JEFF HATFIELD & CORE CONTRACTORS NOMINATED FOR SECRETARY OF DEFENSE FREEDOM AWARD

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Jeff Hatfield and Core Contractors were nominated for the United States Secretary of Defense Employer Support Freedom Award. In a ceremony held on June 29, 2018, Jeff Hatfield and Core Contractors were recognized with honors for their exemplary support of National Guard and Reserve Member Employees.

Jeff and Jerri Hatfield have owned their own businesses since 1984 and have owned and operated Core Contractors, Inc. since 1999. As business owners, this nomination recognizes their commitment and support for members of the military.

ESGR’s awards program culminates with the Secretary of Defense Employer Support Freedom Award, the highest recognition given by the U.S. Government to employers for their outstanding support of employees serving in the Guard and Reserve. Each year, Guard and Reserve employees, or a family member acting on their behalf, have the opportunity to nominate their employer for the Employer

Support Freedom Award. The ESGR State Committees review nominations and submit recommendations to advance to the next round in each of the three categories: small employer, large employer, and public sector. A national selection board comprised of senior Department of Defense officials, business leaders, and prior awardees select up to 15 employers to receive the Secretary’s prestigious award.

Since the Freedom Award was instituted in 1996, 220 employers have been honored at annual ceremonies in Washington, DC. The ceremony is currently held at the Pentagon, with the awards being presented by either the Secretary of Defense or Deputy Secretary of Defense. As part of the annual recognition, the President also signs a proclamation for “National Employer Support of the Guard and Reserve Week,” highlighting the sacrifices of our Guard and Reserve members and their families, and the outstanding support they receive from employers.

EPD Releases Flyers On Fireworks Laws As Reminder For Upcoming Independence Day Celebrations.

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With our nations Independence Day fast approaching the Evansville Police Department is releasing informational flyers to help ensure that everyone has as safe a holiday as possible.

For more information on Indiana’s Fireworks Laws, visit the IDHS website at: www.in.gov/dhs.

HOT JOBS IN EVANSVILLE

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Fss Caseworker-part Time
EVANSVILLE HOUSING AUTHORITY 4 reviews – Evansville, IN
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Receives and screens visitors and telephone calls, and handles general inquiries. Associate’s degree or Technical degree in a related field, or combination of…
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Some duties will be scheduling of vehicle pick ups, computer entry and handling customers. Clerical assistant with responsibilities including working in a busy…
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ADOPT A PET

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Zeus is a male American Staffordshire Terrier or “pit bull” mix. The first thing you’ll notice about him is his irresistible smile. He has that perfect “pittie smile” and it almost never goes away! He’s a happy silly boy who will greet you with a full-blown wiggle butt. His adoption fee is $110 and includes his neuter, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 or adoptions@vhslifesaver.org for adoption details!

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