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Eagles Making Second GLVC Trip To Missouri

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 USI MBB is tentatively set to depart for Drury at 2:30 p.m. Wednesday.

COMPLETE GAME NOTES USI VS. DU & MST


EVANSVILLE, Ind.
 – The University of Southern Indiana men’s basketball team (14-7, 6-5 GLVC) is making its second Great Lakes Valley Conference road swing through Missouri in a month when it visits Drury University Thursday (12-7, 7-4 GLVC) and Missouri University of Science & Technology (8-12, 4-7 GLVC) Saturday. Tip-off for USI and Drury on Thursday is 7:45 p.m., while the start time for USI-Missouri S&T is slated for 3 p.m.

The Screaming Eagles were 2-0 on their first trip through Missouri, defeating Rockhurst University, 79-71, and William Jewell College, 86-76, in the first week of January.

Game coverage for USI Men’s Basketball road games, including live stats, video, and audio, is available at GoUSIEagles.com. The Eagle games also can be heard over the air on WEOA 98.5FM/1400AM and WPSR 90.7FM.

This Week’s USI Men’s Basketball Quick Notes: 
USI finishes homestand on positive note. The University of Southern Indiana finished the homestand on a positive note, posting a 98-81 victory over Saint Joseph’s College. USI shot 59.3 percent from the field and was led by junior guard Bobo Drummond‘s game-high 22 points.

Deuces-wild for Drummond. Junior guard Bobo Drummond has hit for 22 points in three of the last four games. Drummond is 24-of-52 from the field (.462) and has hit 14 three-point field goals in the four games.

Stealing a record. Junior guard Jeril Taylor has a team-best 45 steals through 21 games and is on pace to challenge the USI single-season record of 66 which was set by Stan Gouard in 1994-95

Eagles overall. Junior guard Jeril Taylor leads the Eagles this year with 16.9 points (17.0 in GLVC action) and 7.2 rebounds per game. Freshman guard Alex Stein follows with 14.0 points per contest.

Freshman consistency. Freshman guard Alex Stein has been a model of consistency averaging 14.0 points per game and has posted double-digits in 12 of the last 13 games (13.7 points per game).

On the road in 2015-16.  USI is 2-3 on the road in 2015-16, 5-4 overall (road and neutral site games) this year. Junior guard Jeril Taylor is averaging 19.4 points per road game, 16.7 on the road and neutral sites.

Finding the right road. The Eagles will be searching for the right road this week, looking to break a three-game road losing streak.

Leaving January behind, looking for strong finish. USI stumbled in January, going 4-5. The Eagles were 6-5 in January last year before finishing strong with a 6-1 February in 2014-15.

USI vs. Drury. USI leads the all-time series with Drury University, 10-8, but the teams are tied 3-3 playing in Springfield, Missouri, since 2000. The Eagles lost on the road to the Panthers last year, 80-59.

Drury in 2015-16. The Panthers of Drury are 12-7 overall, 7-4 in the GLVC, after splitting last week. Drury, which is 6-3 at home this year, has lost two of its last three games. More on Drury can be found at DruryPanthers.com.

USI vs. Missouri S&T. USI leads the all-time series with Missouri University of Science & Technology, 13-3, and has a 4-0 advantage in the games in Rolla, Missouri, since 2000. The Eagles took the only meeting last year, 84-58.

Missouri S&T in 2015-16. The Miners of Missouri S&T, who host Bellarmine University Thursday before welcoming USI, are 8-12 overall, 4-7 in the GLVC, after going 0-2  last week. The Miners have lost seven of their last eight games and are 6-5 at home this year. More on Missouri S&T can be found at MinerAthletics.com.

 

 

BREAKING NEWS: AG Zoeller Files Lawsuit Against Out-Of-State Companies Accused Of Tax Sale Scheme

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AG Zoeller Files Lawsuit Against Out-Of-State Companies Accused Of Tax Sale Scheme

Indiana Attorney General Greg Zoeller filed a lawsuit today against three out-of-state companies and their owners for allegedly working in concert to perpetrate a tax sale scheme in attempt to swindle struggling property owners in Allen, Johnson, Lake and Marion counties out of potentially millions of dollars. 

The defendants in the lawsuit include FLRC, LLC, Coastal Title, Inc. and Oak Tree Title, LLC, as well as Diana Castro, Craig Talkington and David Fuqua. These companies and individuals are based in Florida, Oklahoma and Nevada.

According to the complaint filed in Marion County court, the defendants perpetrated a complicated scheme that took advantage of vulnerable Hoosiers who had fallen behind in their real-estate taxes and who did not understand the tax sale process. It is suspected these defendants conducted the scheme in several other states as well.

The Attorney General’s Office in suing the defendants is seeking more than $9 million in restitution and civil penalties.

Tax sale scheme

When a homeowner falls behind on their property taxes, the county lists the property at tax sale. The minimum bid set for these homes is the amount owed in taxes. If the winning bid exceeds the amount of the unpaid property tax owed, the county claims only the tax amount and the original homeowner is entitled to any surplus amount beyond what may be owed to a mortgage lender. This surplus may be considered a rough equivalent to their home’s equity. 

The original homeowner then has one year to redeem the property if he or she can pay back the taxes originally owed. If the homeowner can’t pay within a year, then the bidder is awarded ownership of the property. It’s during this one-year time window that the defendants allegedly perpetrated their scheme.

Using court and public records, the defendants and their agents allegedly located and contacted the original homeowners whose properties had been sold at tax sales for large surplus amounts. According to the lawsuit, they deceived at least 48 homeowners by making misrepresentations about their legal rights to redemption or surplus in the tax sales. The scam worked best with property owners who did not have an outstanding mortgage that would have to first be paid off with the surplus.

By exploiting the homeowners’ unfamiliarity, the defendants and their agents persuaded the homeowners to sign quitclaim deeds and other legal paperwork turning over their remaining legal interest in the properties to the defendants, in exchange for $450 or less. The companies, in turn, then were able to submit claims for the tax surplus payments the 48 original owners would have been entitled to – in amounts ranging from $2,000 up to $900,000, the lawsuit alleges.  

“Rarely have we seen a scam that so brazenly exploited desperate property owners and took advantage of their lack of understanding of a complicated legal process. Victims not only lost their property but money that was rightfully owed to them,” Zoeller said. “We suspect others were victimized, and my office will use every legal tool available to halt this fraud, hold the defendants accountable and assist the victims.”

The Attorney General’s Office through its Homeowner Protection Unit (HPU) fielded complaints about this alleged tax sale scheme from the affected owners and from county officials, who were able to identify the potential scheme only after the deed exchanges were filed with the county auditor’s office.

“I am thankful the Attorney General is investigating tax sale fraud throughout Indiana,” Allen County Auditor Tera Klutz said. “My staff and I are happy to assist the AG in his investigation because we believe some of these homeowners who have lost their homes in tax sales may have been misled about the surplus funds available to them.”

It is estimated that the defendants paid the 48 original owners a combined total of $13,640 for signing the quitclaim deeds, and after defrauding the owners out of their legal rights to the tax-sale surplus amounts, the defendants were eligible to submit claims for $3,265,204 in tax-sale surplus payments.

Zoeller said that thanks to cooperation from the local auditors, recorders, assessors, and treasurers, the AG’s Office was able to intervene temporarily in many of these 48 cases and obtain court orders to block the defendants from receiving the tax surplus payments, while the AG’s investigation and subsequent legal action is pending.

In the lawsuit, Zoeller’s office alleges the defendants violated the Home Loan Practices Act by making misrepresentations, concealments or false terms in connection with a real estate transaction and by engaging in real estate transactions without proper licensure. The lawsuit also alleges incurable and intentional violations of the Deceptive Consumer Sales Act.

The lawsuit asks the Marion County court to issue an injunction against the defendants that would prohibit them from engaging in any transactions in Indiana or any deceptive acts or omissions. It also seeks more than $9 million in consumer restitution, investigative costs and civil penalties.

Zoeller thanked Deputy Attorney General Derek Peterson for his work on this case.

Tips for consumers

Zoeller added the AG’s Office’s investigation continues due to concerns other homeowners may have fallen victim to this scam or similar scams in Marion County or other counties. Owners who suspect they have been defrauded are asked to file a consumer complaint with the Attorney General’s Office at www.IndianaConsumer.com or by calling 1-800-382-5516.

To avoid fraud, Zoeller urges any distressed homeowner facing a tax sale due to unpaid property taxes or foreclosure due to unpaid mortgage payments to first seek legal advice from a qualified attorney before engaging in any quitclaim deed or other legal transaction. Free legal advice is available from the Indiana Foreclosure Prevention Network at www.877gethope.com or from Indiana Legal Services, which recently received a grant from the AG’s Office to support this type of counseling. 

Todays “Readers Poll” question is “Do You Believe DMD Director Kelley Coures Assertions That The Feds Are Not Doing An Investigation But An Audit of TARP Funds”?

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

BREAKING NEWS: SIGTARP ALERTED TREASURY THAT THE TARP’S Hardest Hit Fund IS BEING ABUSED IN INDIANA

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SIGTARP ALERTED TREASURY THAT THE  TARP’s HAREST HIT FUND IS BEING ABUSED IN INDIANA

“Last month, SIGTARP alerted UNITED STATES TREASURY that the TARP’s Hardest Hit Fund (HHF) was being abused in Indiana by funding the demolition of lived-in homes, instead of abandoned houses.”

PLEASE SEE link of this report posted below.  Refer to pages 41-51 of this report.  

https://www.sigtarp.gov/Quaryrtly%20Reports/January 28 2016Report to Congress.pdf

BELOW IS AN EXCERPT OF THE REPORT SEENT TO THE UNITED STATES CONGRESS IN DECEMBER, 2015

RECOMMENDATIONS RELATED TO TARP-FUNDED DEMOLITIONS OF LIVED-IN HOMES

On December 14, 2015, SIGTARP issued a letter alerting Treasury to SIGTARP’S finding that HHF Indiana selected and approved for TARP-funded demolition 18 homes where people lived, rather than the vacant and abandoned houses (so-called zombie properties) that Treasury intended.

These homes were chosen for demolition under HHF because they were on the desired relocation site of a car dealership in Evansville, Indiana. SIGTARP made three recommendations:

A)  Treasury should immediately direct state housing finance agencies that they should not allow the Hardest Hit Fund to be used strategically to select

B)  Lived-in residences for demolition, and should instead be used solely to select zombie properties for demolition.

Todays “Readers Poll” question is “Do You Believe DMD Director Kelley Coures Assertions That The Feds Are Not Doing An Investigation But An Audit of TARP Funds”?

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

LETTER TO THE EDITOR OF THE CITY-COUNTY OBSERVER

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LETTER TO THE EDITOR OF THE CITY-COUNTY OBSERVER

BY LAURA BLACKBURN

Friday, January 29, 2016 was a busy day for me, and it would have been easy to skip the “public” board meeting of Evansville Brownfields. I showed up, though, because I was becoming more and more suspicious of the not-for-profit group’s stewardship of public money. To be very honest, it sort of seemed to me that the City-County Observer’s public questioning of Brownfields’ dealings was going nowhere, especially after it was reported that the group would meet in a closed executive session before opening their meeting to the public. In the end, I decided to go and think of it as a learning experience.

It was, indeed, a learning experience. It began when I approached the security desk of the very impressive offices. I asked directions to the Ellerbrook Room, and was asked my name. I gave it, and a list was checked, which I was obviously not on. The uniformed officer behind the desk was cordial, and added my name to the list and directed me to the room. She noted that there were a lot of people present not included on the list. That was the most warmth I felt during my time at Vectren. I was one of six citizens present to see firsthand what would be done. The executive session was attended by City Councilmen Mosby, Weaver, and Hargis in addition to DMD Director Coures, his employee who serves as Brownfields coordinator, Carolyn Rusk, and the board members. The presence of the City Councilors was not explained, but it seemed strange to me that the board could meet with them present, but not other non-members of the board.

To make a short story shorter, the public session was conducted at a frenetic pace. Those conducting the meeting talked faster than some auctioneers I have heard, and votes were unanimous. There was little to no discussion on any of the business presented. There was a lot of “basic housekeeping” done, but there were some topics that I think deserve to be mentioned here. It was decided that Brownfields hold the bonds for the parking garage for the Health Education building and hotel, with the assurance that the lease payments from the City will be equal to the bond payment. The change in by-laws to accommodate land banking were tabled until a meeting “on or around the 1st of March.

The public who showed up at the meeting were only informally acknowledged by Brad Ellsworth when he opened the doors to us. There was no recognition of our presence by the rest of the board and no agendas were available. Absolutely NO opportunity to ask questions or make comments was afforded to those present.

I left the sham “opened public meeting” with a bad taste in my mouth for the City Councilmen involved, too. My expectations for Ms. Mosby and Mr. Weaver are never very high, so I am not surprised at them. I had held high hopes for Mrs. Hargis, though. She seemed to be really devoted to transparency and good public policy when she was running for office. Less than a month into her term, she has twice been a disappointment to me. Her behavior at the first Council meeting toward Rev. Adrian Brooks and his supporters was rude, and now she participated in this travesty. She bears watching, as it appears she may be easily led down the path of least resistance instead of standing for good public policy.

EDITOR FOOTNOTE: THIS LETTER WAS POSTED WITHOUT OPINION, BIAS OR EDITING.

Todays “Readers Poll” question is “Do You Believe DMD Director Kelley Coures Assertions That The Feds Are Not Doing An Investigation But An Audit of TARP Funds”?

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

NOTICE FROM IHCDA BLIGHT ELIMINATION PROGRAM

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NOTICE FROM IHCDA BLIGHT ELIMINATION PROGRAM

Attached below is a link we know you will find extremely interesting.  The link was sent to us by one of our Indy “MOLES” who have been following the issue of the Evansville DMD TARP program and the investigation conducted by Special Agents of the Investigations Division of the Office of the Special Inspector General For The Troubled Asset Relief Program.

It looks like the Indiana Housing and Community Development Authority has made a quick policy change concerning the property qualifications pertain to the Blight Elimination Program in Evansville and rest of Indiana.

DOC105

Todays “Readers Poll” question is “Do You Believe DMD Director Kelley Coures Assertions That The Feds Are Not Doing An Investigation But An Audit of TARP Funds”?

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Doctors’ Affidavits Cannot Defeat Summary Judgment

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Doctors’ Affidavits Cannot Defeat Summary Judgment
By Jennifer Nelson

The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.

Julia and Steven Roberts filed a medical malpractice complaint against Drs. Kevin Scripture, Richard Mangan, Judy Risch and Whitewater Eye Centers LLC regarding care and treatment Julia Roberts received on her left eye, leading to a corneal transplant. The medical review panel unanimously found the doctors failed to comply with the appropriate standard of care and that their conduct was a factor of the resultant damages.

The Robertses then sued and sought summary judgment. The defendant doctors’ responses to the summary judgment motion contained medical-expert testimony from each of the doctors, which simply set for their medical credentials and stated the care and treatment provided by each doctor met the applicable standard of care and was not responsible for her alleged injuries or damages.

Eighty one days later, the doctors filed a motion to supplement their affidavits with more factual information about case and treatment of Julia Roberts. The trial court denied the doctors’ motion and granted summary judgment for the plaintiffs.

The Court of Appeals affirmed in Kevin T. Scripture, M.D., Richard Mangan, O.D., Judy D. Risch, O.D., and Whitewater Eye Centers, LLC v. Julia and Steven Roberts, 49A02-1504-CT-211, finding the doctors’ affidavits did not set for specific facts regarding Julia Roberts’ care, but instead, echoed the denials of their pleading contrary to the requirements of Ind. Trial Rule 56(E), Chief Judge Nancy Vaidik wrote.

The doctors cited the Indiana Supreme Court’s decision in Hughley v. State, 15 N.E.3d 1000, 1002 (Ind. 2014), to support their argument their affidavits – even if self-serving and conclusory – can defeat summary judgment.

“Unlike in Hughley, however, here the Doctors cited no facts that would support that they met the standard of care or that their conduct did not cause the Robertses’ damages. The Doctors merely restated the denials in their pleadings. Hughley is inapposite,” Vaidik wrote.

The COA also affirmed the denial to supplement, noting that Trial Rule 56(C) provides that a party opposing a motion for summary judgment has 30 days to serve a response or any other opposing affidavits, and in this case, the doctors did not file their supplemental affidavits until 81 days later.

State Representative Ron Beacon Work On Streamlining The Death Certificate Process

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State Representative Ron Beacon Work On Streamlining The Death Certificate Process

Working as a coroner for six years and involved in the healthcare system since 1967, I understand the struggle and inconvenience that coroners and healthcare staff face when it comes to current death certificate laws in our state. In Indiana when a person is declared dead within an emergency room, the physician on duty is forced to state the cause of death on the death certificate. If this person resides in another county, or has no primary doctor, the emergency room physician might not have all the needed information to make an accurate decision on the cause of death.

A bill I am authoring to improve death certificate laws in Indiana was supported by the House Committee on Public Health, and a majority of House members approved the proposal. The next step for House Bill (HB) 1088 to become law is for the Senate to consider and support the bill.

My bill would address this issue by providing that if a person dies or is declared dead in the emergency department of a hospital and the emergency department physician is the last doctor in attendance they must try to find the attending physician if available to fill out the death certificate, if not then they that physician will refer the case to the coroner. Once the duties have been passed to the coroner, there will be an investigation conducted into the deceased patient’s medical records. The coroner would then fill out the death certificate and determine the cause and manner of death.

With HB 1088, the right person will be determining an individual’s cause of death, instead of leaving it up to emergency room staff who may not know the identity of their patient, let alone their medical history. By giving coroners the responsibility of recording the cause of death on a death certificate, we are creating a simpler and more accurate way to record the death of an individual. This will expedite the process by identifying the patient, notifying the family and allowing for insurance claims to be handled in a more timely fashion.

I have worked with fellow coroners, the Indiana Health Department, state funeral directors and practicing physicians to create a smoother system for healthcare workers and coroners throughout the state of Indiana. Continue to follow this bill to see if it becomes a law at www.iga.in.gov.

Sincerely

Ron Beacon

BOYS & GIRLS CLUB AWARDS INDIVIDUALS & COMPANIES AT ANNUAL MEETING FOR DEDICATION TO SERVING KIDS

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On February 8, 2016 (6:30PM), the Boys & Girls Club of Evansville will honor individuals and companies for their commitment to bettering the lives of the children at the Club and in our community.  The Club annually presents a variety of awards in an effort to recognize those who have gone above and beyond for the sake of the kids.  The Club will induct two new board members and recognize 7 individuals for their years of service to the Club.

The event will take place in the gym of the Springleaf Financial Services Boys & Girls Club located at 700 Bellemeade Avenue.

“We work diligently each year, but it’s because of the support of hundreds of volunteers throughout the year that we are able to impact so many kids. Words cannot fully express our appreciation to the individuals and companies who make what we do possible,” said Ron Ryan, Executive Director. Thank you everyone for your dedication to the kids at the Club.”

The following is a complete list of awards to be presented during the Annual Meeting on February 8, 2016 (6:30PM):

Service to Youth – for years of service to the Boys & Girls Club:

Ben Shoulders 5 years
Joe Theby Jr. 5 years
Dan Hermann 20 years
Richard Johnson 20 years
Steve Witting 25 years
Ruby McGlown 30 years
John Halverson 30 years

Volunteer of the Year – for tremendous volunteer work that directly impacts the members.

Christy Davidson

Kelly Siebert

Friend of the Club – for tremendous commitment to our Mission.

Romain Cross Pointe Auto Park Employees
WEHT Local Lifestyles
Keller Schroeder
Fire & Rain

Extraordinary Service Award – for a Board or Staff Member who has gone above and beyond the normal call of duty.

Shawn Gallagher

Jim Jarboe
Bill Kennedy

Man/Woman & Youth Award – for an individual or organization who has dedicated time and resources for the betterment of youth in our community.
Ron Romain

Life Members – Board Members who have served on the Board 15 years.

John Halverson

Induction of New Board Members-

The following individuals were elected to the Board of Directors:

Mr. Cris Mabbitt (IMI)

Mrs. Rachel Mays (Alcoa)

About the Boys & Girls Club of Evansville:

On December 7, 1957, the Evansville Boys Club opened its doors.  Since then, the Club has remained in the forefront of youth development in our community.  The Club provides comprehensive educational and recreational programs and services for all children, age 5-18.  Over 95% of Club members receive free/reduced-fee lunch.  Over 92% of Club members belong to no other organization or club.  The annual membership fee is $10, which includes all programs, services and special trips (e.g. Holiday World, Otters games, Skate World, etc.).

Mission: To enable all youth, especially those who need us most, to reach their full potential as productive, caring, responsible citizens.

VANDERBURGH COUNTY FELONY CHARGES

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 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Monday, Feb. 1, 2016.

Gaige Douglas Manion Domestic battery, Level 6 felony

Possession of a narcotic drug, Level 6 felony

Possession of a controlled substance, Class A misdemeanor

Possession of marijuana, Class B misdemeanor

Kelley Rachel Kennett Theft, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Possession of a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor

Possession of paraphernalia, Class C misdemeanor

Rhonda Sue Duerson Theft, Level 6 felony

Criminal trespass, Class A misdemeanor

Jerry Louis Lipson Criminal recklessness, Level 6 felony

Leaving the scene of an accident with bodily injury, Class A misdemeanor

Tydell Jerome McNeal Jr. Dealing in methamphetamine, Level 5 felony

Resisting law enforcement, Level 6 felony

Resisting law enforcement, Level 6 felony

Possession of marijuana, Class B misdemeanor