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VANDERBURGH COUNTY FELONY CHARGES

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This feature is sponsored by Chris Walsh For Vanderburgh County Clerk. Chris Walsh is a veteran county administrator that strongly supports our local law enforcement professionals . Chris is a candidate that possess a non-partisan attitude with a consumer friendly demeanor. Chris also stands against unification of city and county governments.

This ad paid for by the committiee to elect Walsh Clerk, Kelly Walsh, Treasurer.

 

VANDERBURGH COUNTY FELONY CHARGES

Evansville, IN – Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Monday, July 02, 2012.

Nicholas Gladish Theft – Class D Felony (Habitual Offender Enhancement)

Jonathan Godshall Theft – Class D Felony; Criminal Mischief – Class A Misdemeanor

Howard Heim Dealing in Methamphetamine – Class A Felony
Neglect of a Dependent – Class C Felony

Maintaining a Common Nuisance – Class D Felony

Resisting Law Enforcement – Class A Misdemeanor

James Hill Burglary – Class B Felony; Theft – Class D Felony

(Habitual Offender Enhancement on Counts 1 & 2)

Resisting Law Enforcement – Class A Misdemeanor

Criminal Mischief – Class B Misdemeanor

Davina Julian Dealing in Methamphetamine – Class A Felony

Neglect of a Dependent – Class C Felony

Maintaining a Common Nuisance – Class D Felony

Tyron Murphy Resisting Law Enforcement – Class D Felony

False Informing – Class A Misdemeanor

Rebecca Siscel Battery Resulting in Bodily Injury – Class D Felony

Criminal Confinement – Class D Felony

For further information on the cases listed above, or any pending case, please contact Carly Settles at 812.435.5688 or via e-mail at csettles@vanderburghgov.org.

Under Indiana law, all criminal defendants are considered to be innocent until proven guilty by a court of law.

Hunden Downtown Hotel Study: Some Simple Financial Details

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Never Forget What Lack of Planning Causes

The City County Observer has finished a simple overview of the Hunden Study that was commissioned by the Winnecke Administration to be told what would need to be offered to have a decent probability of attracting a quality developer to take on the 4 year non-started downtown hotel project. Overall, we must say that Hunden did a very thorough analysis and has reached conclusions nearly identical to the conclusions published by CCO editor Joe Wallace two years ago.

The Hunden findings for a 240 room hotel are as follows:

Hotel financial value: $24 Million

Developer Down Payment: $6.2 Million

Private Loan: $17.8 Million

Required Public Subsidy: $7.3 Million excluding parking, bridges, and infrastructure

Public Infrastructure Spending Requirements:

Parking Garage: $5.4 Million

Bridges: $2.3 Million

Infrastructure: 1.6 Million

Total Public Money Required to Attract a Developer: $16.6 Million

Total Cost of Project (excluding interest charges): $40.6 Million

Detroit has run out of Other People’s Money: By Shikha Dalmia

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Abandoned Midwestern Homes

A sigh of relief swept through Detroit recently after a judge threw out a legal challenge to the “consent agreement” the city just signed with the state to clean its books and avoid bankruptcy. The lawsuit, filed by the city’s megalomaniacal legal counsel, represented a level of overreach ridiculous even by Detroit’s lofty standards. But in the tragicomedy that is Detroit, it would have been better if it had succeeded and expedited Motown’s rendezvous with bankruptcy.

If there is any solution to Detroit’s fiscal mess, it may lie in the legal, not political, arena.

Fiscal deficits have been a fact of life in Detroit for decades as residents and industry fled its high taxes, high crime, shoddy schools and erratic trash services, thus eroding its tax base. Now, however, Detroit is flat broke, with a $265 million deficit that it has run out of gimmicks to fix.

As I have noted on these pages previously, it can’t tax anymore because Detroiters are already taxed to the hilt. It can’t borrow any more because its debt is in junk territory. Had Michigan Gov. Rick Snyder not stepped in and let it borrow $137 million on the state’s credit card, Detroit would have defaulted on its debt obligations as well as payment to employees and vendors months ago.

But in exchange, Snyder wanted the authority to clean up the city’s books so that it wouldn’t be back rattling its tin cup again next year. His original proposal would have left Detroit Mayor Dave Bing—an NBA great whose athletic skills far outshine his political acumen—and the city council, a corrupt and dysfunctional entity, in charge of the city’s daily operations. But it would have handed the city’s finances to a board with powers to sell city assets, outsource services, lay off employees and void union contracts.

The last two items are the biggest drivers of Detroit’s fiscal mess. As businesses have fled, government has become the city’s biggest employer. Detroit’s legacy obligations far outstrip its revenues. Its accumulated unfunded liabilities currently stand at $12 billion—about half of which are legacy costs. This puts Detroit’s debt-to-asset ratio at 33:1; GM’s was 22:1 when it went into bankruptcy.

Bing and the city council have shown zero political will to tackle these costs thanks to fierce opposition by the city’s powerful municipal unions, which is precisely why Snyder wanted to bring in an outside board. This was much too threatening for city leaders, who joined hands with unions and professional race-baiters like Jesse Jackson and accused Snyder of orchestrating a white conspiracy to send Detroit’s predominantly black population “back to the plantation.”

Snyder quickly backed off and consented to a far more watered-down agreement that would leave Bing and the council in charge of implementing the reforms—and reduce the financial board’s role to mere oversight and advice. The dirty secret is that Snyder shied away from assuming financial control of Detroit—something he has done for four other Michigan cities with good results—because he understands just how toxic Detroit is and doesn’t want the political headache.

And given that Detroit’s legal counsel, Krystal Crittendon, made even this toothless agreement grist for a lawsuit shows that he is right. Rumor has it that she wants to run for higher office and therefore wanted to prove her bona fides to city unions. She sued on the loopy theory that the agreement violated a city charter provision prohibiting Detroit from entering into a contract with anyone owing it money, which, she claimed, the state did because it had not paid its water bills, among other things!

A judge summarily dismissed her case, but the fact that she decided to make it in the first place demonstrates the level of cupidity—and stupidity—that afflicts Detroit’s political classes. Indeed, it is inconceivable that Bing and the council will force Detroit’s recalcitrant unions to swallow the bitter medicine necessary to return the city to solvency, especially since Bing, contrary to his original promise, is now thinking of seeking a second term.

In any case, Snyder’s $137 million credit line will allow the city to finish its fiscal year till July, when new tax revenues will start coming in. But within a few months, Detroit will run out this money. And when it does, absent radical reforms in the interim, Snyder will have to decide whether to continue bankrolling Detroit’s profligacy, engineer a state takeover or let it go into bankruptcy, precisely the options he faces now. Since the first two are not viable, it would have been a blessing for him if Crittendon’s lawsuit had killed the consent agreement and expedited the third. The more time Detroit loses in renegotiating union contracts, the more it runs up its legacy tab, the more draconian the cuts that would have to be imposed and the harder it will be to avoid Greece-style riots.

Many cities across the country are facing unsustainable legacy costs. But Detroit is uniquely impervious to political solutions because the ratio of its public moochers to private producers is far higher than others. There are too few Detroiters with a vested interest in fixing the city and too many with a vested interest in sucking it dry. Only bankruptcy will convince them that there is nothing more to be milked.

Whether even bankruptcy will wipe the slate clean is debatable given that the Michigan constitution deems public pensions a contractual obligation that can’t be “diminished” or “impaired.” Still, given how badly Detroit’s politicians have failed the city, courts are the city’s only hope.

Source: The Daily

Indiana announces record surplus: Taxpayers to get refund check

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Indiana Governor Mitch Daniels

July 3, 2012

News Release

Indianapolis, Ind. — Governor Mitch Daniels said today that a preliminary look at fiscal data shows Indiana will close the 2012 Fiscal Year with reserves of more than $2 billion and a structural surplus, meaning annual revenue in excess of annual expenses, of more than $500 million.

With reserves totaling at least 14 percent of the state’s budget, most Hoosier taxpayers will receive their first automatic taxpayer refund when they file their state taxes in 2013. The Indiana General Assembly approved the governor’s plan for an automatic taxpayer refund in 2011.

The refund will clearly be in excess of $100 for a single filer or $200 for a joint return. The exact amount will not be ascertained until the fall when the estimate will be made of how many tax returns will qualify. The median income tax payment was a little over $800 last year, so the refund will amount to more than 10 percent for the typical Hoosier.

Because the state’s reserves exceed 10 percent of the upcoming year’s budget, half of the excess will be returned to taxpayers and the other half will go to further strengthen several of the state’s pension funds. That means the pension funds, already rated among the nation’s most secure, will receive at least $300 million.

For Fiscal Year 2013, the state is projecting a structural surplus of more than $400 million, resulting in the state’s reserves again exceeding $2 billion.

Indiana fiscal facts during the Daniels administration: Indiana has its first Triple-A credit rating Indiana’s expenditures have grown at less than one-quarter of the rate of the previous decade Indiana has the fewest state employees per capita in the country Indiana has paid down previous debt 43 percent

o Indiana repaid more than $750 million of debt previously owed to schools, universities and local governments

o Indiana repaid a $63 million loan to the Motor Vehicle Highway Fund that originated in the 1990s

o Indiana paid off the 50 year old bonds on the Indiana Toll Road, almost $200 million worth. Indiana has the lowest burden per household to fully fund public pensions in the country

o Indiana has the smallest unfunded liability per capita for retiree health care of any state

o At 6.75 percent, Indiana’s pensions have the most conservative investment return assumptions of any state and is the only state below 7 percent Indiana’s combined pension and long-term debt liability as a percentage of GDP is the 2nd lowest in the country

The Office of Management and Budget and the Auditor of State’s office will complete the closing process and provide the official report in mid-July.

IS IT TRUE July 3, 2012

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The Mole #??

IS IT TRUE July 3, 2012

IS IT TRUE several members of the MOLE NATION are now telling the City County Observer that Vanderburgh County Democrat Party Chairman Jack McNeely is lobbying hard for the Evansville City Council to approve full funding for the Johnson Controls deal?…old ways really do seem to die hard for an old UNION BOSS who just can’t seem to grasp the breadth of his new job as Democrat Party Chairman?…the only reason for anyone to be lobbying so hard before this deal has been VETTED is self interest?…the self interest in this case is not profits for Johnson Controls or inside deals for consultants and attorneys?…this time the former UNION BOSS is lobbying for jobs for the brotherhood to do work that has not yet been proven to be beneficial to the people of Evansville?…that this deal like all deals should be VETTED completely and upon full transparent and honest approval let out for bids?…that it is insider dealing in closed door meetings and political arm twisting that has lead to a prolonged economic malaise in Evansville and even the country?…that McNeely’s tactics are part of the problem?

IS IT TRUE that attraction projects to get new factories into cities and regions can take years to bear fruit and that for the City of Mobile, Alabama one of those efforts had a major announcement yesterday?…that the European aerospace giant Airbus will be making jetliners in Mobile and will be employing 1,000 people in the plant?…that in the second paragraph of the announcement the words “RIGHT TO WORK” were placed prominently as one of the reasons for the decision to choose Mobile?…the Europe based plants were also called out for being “HEAVILY UNIONIZED”?…that even a company that was formed in a largely socialistic cross-borders agency is learning the lessons of free markets and migrating their workforce to right to work parts of the United States?…despite the right to work status of Alabama these 1,000 jobs will pay very well and demand high skills and a good work ethic?…that Boeing just last year put in a new jetliner facility in the right to work state of South Carolina?…the CCO hopes to see factories like these to start factories in Indiana which saw the same light that Airbus saw in 2012?…that in some ways the future is beginning to look a bit brighter for Hoosiers?

IS IT TRUE that in the field of manufacturing an official government report came out yesterday that shows the US manufacturing sector shrunk in June for the first time since July 2009?…the index is now below 50 for the first time in over three years which is an indicator of contraction as opposed to expanding?…that an index of 50 means staying the same?…the other industrialized nations including Germany, Spain, China, and the UK worse than ours and range from 41 to 48 as opposed to the USA’s 49?…this is not positive news for the economy and it in all likelihood an indicator that Friday’s jobs report will not be favorable?

IS IT TRUE that the CCO staff along with the rest of the our readers have awakened this morning to an unwelcome 25 cent per gallon increase in the price of gasoline?…this is just in time to have our pockets picked on any 4th of July travel that has already been planned?…that this is a suspicious move that is just enough to put a cool pile of money into the oil company (or local dealerships) coffers without breaking any of us but it is certainly infuriating?

The Johnson Control Approval Minutes: BOARD OF DIRECTORS OF THE EVANSVILLE WATER & SEWER UTILITY

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Another RUBBER STAMP

The City County Observer has finally obtained the minutes from the meeting when the Johnson Controls deal was approved unanimously by the board of directors of the Evansville Water and Sewer Utility Board. The following excerpt shows that there was no discussion or questioning of the deal that commits the people of Evansville to $80 Million in spending and nearly 3% per year rate increases over the next 20 years.

Approve Agreement with Johnson Controls

ON MOTION by James Gribbins, seconded by Tina Murphy, and unanimously carried, the Board approved an agreement with Johnson Controls, Inc. for implementation of a guaranteed savings agreement per Indiana Code §36-1-12.5 to provide and oversee various efficiency-related improvements at the water filter plant and wastewater plants, installation of automated wireless water meters, and construction and implementation of fiber optic and wireless networks, recommended by Jim Garrard and Matt Arvay.
Approve IRC Petition for Johnson Controls

ON MOTION by Barry Russell, seconded by James Gribbins, and unanimously carried, the Board approved IRC Petition, recommended by James Garrard.

Full Minutes on Link

Evansville_Water_and_Sewer_Utility_Board_Meeting_Minutes_2011.11.15

Shirey earns prestigious Hispanic award in nursing

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Dr. Maria Shirey, associate professor of nursing in the College of Nursing and Health Professions at the University of Southern Indiana, is the 2012 recipient of the Ildaura Murillo-Rohde Award for Education Excellence, presented by the National Association of Hispanic Nurses (NAHN). The award honors NAHN members who have distinguished themselves in any scholarship area and/or nursing education. Qualifications for the award include, outstanding contributions in nursing education, research, and practice, recognized commitment to excellence in nursing, or distinguished clinical expertise.

Shirey will receive the award at a reception and gala on Friday, July 20, 2012, during the NAHN Annual Conference in San Juan, Puerto Rico.

“Dr. Rhode was a pioneer nurse leader, educator, and researcher. She was an inspiration for countless nurses and I am thankful to receive an award named in her honor,” said Shirey.

Shirey, a nurse executive with more than 30 years of experience in the health care field, teaches in the graduate program focusing on leadership and management in both the Master of Science (MSN) and Doctor of Nursing Practice (DNP) programs. Her research focuses on nurse manager work complexity to provide a better understanding of the nurse manager role and its unique contributions to health care systems. Her work on the relationship between leadership and the practice environment of nurses is considered a seminal contribution to the nursing literature.

She received a bachelor’s degree in nursing from Florida State University, a master’s degree in nursing from Texas Woman’s University, a Master of Business Administration from Tulane University, and a Ph.D. in nursing science from Indiana University. She is board certified by the American Nurses Credentialing Center in advanced nursing executive practice, and board certified in health care management and a Fellow in the American College of Healthcare Executives.

Her experience includes roles as staff nurse, clinical nurse specialist, academic faculty, nurse manager, nursing director, hospital vice-president, and entrepreneur. She is active in multiple professional organizations such as the American Organization of Nurse Executives, Indiana Organization of Nurse Executives, Sigma Theta Tau International, the American Association of Critical-Care Nurses (AACN), the American College of Healthcare Executives, and The Midwest Nursing Research Society (MNRS).

Dr. Shirey is active as a regional, national, and international speaker on various evidence-based leadership and management topics. She is a prolific author, editor, and scholar frequently contributing to peer-reviewed journals and professional venues. She is the recipient of multiple professional honors including two national awards from the American Organization of Nurse Executives, and three Circle of Excellence awards from the American Association of Critical-Care Nurses. In recognition of her national and international contributions to nursing and health policy, she was selected and inducted as a Fellow of the prestigious American Academy of Nursing.

Source: USI.edu

4th of July Wagon & Stroller Parade

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Mesker Park Zoo & Botanic Garden

Bring the kids to the Zoo for some old fashioned 4th of July family fun! Decorate a wagon or stroller and enter it in the Zoo’s 4th of July Wagon and Stroller Parade! Enter your stroller or wagon in either the Patriotic or Animal Themed category. Be creative as you decorate your parade entry to compete for a first place prize of a Family Zoo Membership and a second place prize of four free Zoo tickets, to be awarded in each category. If you wish to enter, please arrive at the Zoo at 9:30 a.m. on Wednesday, July 4. You will be given an entry number and the parade will begin at 10:00 a.m. Participants will be led by members of the Boom Squad in a parade as a group to the paddleboat dock and stop on the Lake Victoria dam for judging. Then, contestants will parade back to the Entry Plaza where prizes will be awarded. There will be several great door prizes, including a large gift set from Toys to Treasure, Children’s Place gift cards, treats from Family video, and coupons for everyone from Lic’s Deli and Ice Cream and Gattitown!

Please note: One entry number will be given to each wagon or stroller. There is no limit to the number of children in each wagon or stroller. The prize of one Family Membership to Mesker Park Zoo & Botanic Garden can either be used to purchase a Family Membership or renew an existing Family Membership, no exceptions. The use of live animals, balloons, or any type of fireworks is prohibited on parade entries. Zoo admission or valid zoo membership are required to enter the parade. Please call (812) 435-6143 ext. 409 with any questions.

Zoeller: Indiana to receive $6.3 million in settlement with drug-maker GSK

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Largest healthcare fraud settlement: $2B civil damages, $1B criminal penalty

INDIANAPOLIS – The State of Indiana will receive more than $6.3 million as its share of a $2 billion civil settlement that drug manufacturer GlaxoSmithKline will pay various states and the federal government to resolve Medicaid fraud allegations, Indiana Attorney General Greg Zoeller announced today. The $2 billion national civil settlement with GSK is the largest civil recovery in a health care fraud investigation in U.S. history, and the company has also agreed to pay a $1 billion criminal fine to resolve federal charges.

Zoeller said Indiana will join in the national settlement and GlaxoSmithKline will pay the state $6,386,277.19 to resolve allegations that Indiana Medicaid was wrongly billed for ineligible claims for certain drugs GSK manufactures. The civil settlement is based in part on four whistleblower lawsuits filed under the False Claims Act that exposed illegal drug marketing practices, and the whistleblowers will be eligible to receive a state portion of the recovery specifically related to the Indiana claims, approximately $245,000.

“The False Claims Act has shown itself to be a powerful tool whistleblowers can use to stop fraud against the Medicaid program and the state can use to recover Medicaid funds that had been wrongly paid out. The broader national settlement, the largest ever involving a health care fraud investigation, sends a powerful message that state governments and our federal partners will not tolerate overbilling and wrongful billing of Medicaid,” Zoeller said. The Attorney General’s Medicaid Fraud Control Unit (MFCU) participated in the settlement.

A British pharmaceutical manufacturer with a U.S. subsidiary in Delaware, GlaxoSmithKline or GSK has agreed to pay $2 billion in damages and civil penalties to compensate various other states, Indiana and the federal government in a combined civil settlement to resolve the allegations.

One component of the civil agreement settles the four whistleblower lawsuits, called qui tam lawsuits, filed in U.S. District Court in Massachusetts. The lawsuits alleged GSK engaged in illegal off-label marketing of some of its drugs to induce physicians to prescribe them for uses not approved by the Food and Drug Administration; and as a result, ineligible claims for those prescriptions then were submitted to Medicaid for reimbursement.

While it is not illegal for physicians to prescribe drugs for uses not approved by the FDA, it is illegal for the drug manufacturer to market drugs for non-approved uses. The whistleblowers alleged that GSK paid physicians illegal kickbacks – such as speaker programs and trainings and gifts of travel, entertainment and cash – to induce them to prescribe the drugs for non-approved uses.

The whistleblower lawsuits alleged GSK illegally marketed off-label the following products: the antidepressants Paxil and Wellbutrin, the respiratory drug Advair, the anti-seizure drug Lamictal and the anti-nausea drug Zofran. The lawsuits also alleged GSK offered illegal kickbacks for promoting and prescribing those drugs as well as four other GSK products – Imitrex, Lotronex, Flovent and Valtrex.

GSK will pay $1.042 billion in that part of the national civil settlement. Indiana Medicaid will recover $3.4 million for the off-label marketing and kickbacks involving claims paid for the drugs.

The national settlement agreement resolves two other investigations initiated by the government and not whistleblowers. One involves allegations that GSK engaged in misleading and improper promotion of its diabetes drug Avandia, through false representations made about the drug’s cardiovascular effect to physicians and providers. GSK agreed to pay a total settlement of $657 million involving claims paid by Medicaid for Avandia, of which Indiana will recover $1.75 million.

The settlement also resolves allegations that GSK failed to comply with federal “best price” requirements for drug reimbursements by underpaying rebates to state Medicaid programs. GSK agreed to pay $300 million in the national settlement, from which Indiana Medicaid will receive $1.22 million.

As part of the settlement, GSK also agreed to plead guilty to federal criminal charges that it violated the federal Food, Drug, and Cosmetic Act. The federal government alleged that GSK introduced Wellbutrin and Paxil into interstate commerce when the drugs were misbranded, meaning they contained labels not in accordance with their FDA approvals, and that GSK failed to report certain clinical data regarding Avandia to the FDA. GSK has agreed to pay a $1 billion criminal fine in connection with those allegations.

Funds the state recovers through the civil settlement will go back into the Indiana Medicaid program and pay for investigations of other providers.

Since January 2009, the Attorney General’s Medicaid Fraud Control Unit has joined in 17 settlements of whistleblower lawsuits against drug manufacturers for illegal off-label marketing that has resulted in approximately $35 million in recovery to the Indiana Medicaid program.

As part of a public awareness effort called “Blow the Whistle on Fraud,“ Zoeller and deputy attorneys general from the Medicaid Fraud Control Unit have spoken to groups of workers from the health care industry to explain their legal rights as whistleblowers under the False Claims Act. If a whistleblower files a qui tam lawsuit alleging fraud on a government contract, then under the False Claims Act the whistleblower is eligible for a percentage of any damages or settlement recovered at the end of the litigation. The whistleblowers in the GSK case will be eligible for a portion of the national settlement funds, not yet calculated.

“Whistleblowers who have the courage to file these types of lawsuits and expose Medicaid fraud are typically company insiders, and the False Claims Act provides them a percentage of settlement funds as a reward for their effort and hardship in bringing a lawsuit against their employer and to possibly help them transition to new employment,” Zoeller said.

To learn more about how whistleblowers can file suit under the False Claims Act, visit this link:

http://www.in.gov/attorneygeneral/2807.htm

Members of the public can report fraud against the Medicaid program or Medicaid patient abuse and neglect by contacting the Attorney General’s Medicaid Fraud Control Unit at (800) 382-1039.