Posted on 12/06/2004 9:13:38 AM PST by truth49
EPHRATA,WA -- Grant County and state officials believe state regulations could stop their ongoing investigation into day care subsidies buying drugs.
In May, time will be up for prosecutors to file charges with these suspected cases under the three-year state statute of limitations for fraud. The fraud allegedly took place in May 2002.
Statues for various crimes differ, as murder has no time limit and other crimes have a seven-year or 10-year state statute.
"When it (the statute) runs out, it means exactly that -- it's too late to file charges," explained Undersheriff Ken Kernan.
Earlier this year, Grant County Sheriff Frank De Trolio said he believed that day care subsidies may be going to illegal aliens to buy drugs, prompting his agency to pursue the fraud angle for prosecution.
In the meantime, a trial date has been set for 11 day care providers who say they have been improperly investigated and wrongly accused.
Three cases involving day care fraud already could not be prosecuted because the state statute of limitations expired, Kernan said. But the sheriff's office has forwarded new cases to the county prosecutor.
"As far as the sheriff is concerned, this won't die," Kernan said. "If in fact there was criminal activity, then we'll pursue it."
A state audit found that about $2 million in federal Child Care Development Funds were paid to day care centers under investigation. The money is intended to help low-income families with child care needs.
A 2001 state Department of Social and Health Services investigation resulted in the deportation of one woman and futile efforts to recover about $120,000 in money meant to subsidize day care for migrant workers' children.
In many cases, DSHS fraud investigators found that required sign-in sheets at the day cares were missing. The sheets show hours of care provided for each child at the center and support that subsidy payments should be made.
In a few cases, day care operators were using other people's Social Security numbers.
The U.S. Attorney's Office recently stepped in to help, said Jill Bolton, an assistant U.S. attorney based in Yakima.
The U.S. Attorney's Office, Grant County Sheriff's Office and the Grant County Prosecutor's Office discussed the situation Thursday during a phone conference, Kernan said.
"I'm very optimistic at this point, to tell you the truth," Kernan said. "I'm very happy, after the frustrations over the past two years."
Bolton would not elaborate on pending investigations. But she did say her office became involved because a portion of the day care subsidies were federal dollars. The federal statute of limitations expires after five years.
There are DSHS employees still assigned to help Grant County with the investigation, said DSHS spokesman Jeff Weathersby. He declined further comment.
Grant County Prosecutor John Knodell also declined to comment on specifics of the ongoing probe.
State Sen. Joyce Mulliken, R-Ephrata, who became involved with the case when Grant County officials told her about the mounting investigation costs, said that to prevent future fraud, she plans to introduce legislation that would include a perjury penalty for falsifying information on day care attendance reports for publicly funded centers.
"When they turn in their reports, there needs to be consequences if it's not accurate," Mulliken said. "We're trying to work with the good day care workers, but we want to make sure there's true attendance with the reports they're turning in."
In the meantime, a June lawsuit filed by 11 Latina day care providers in federal court now has a trial date.
A group of women sued the state Department of Social and Health Services, Grant County and Mattawa town and police officials for alleged racial discrimination and improper search and seizure.
But the state denied race was a factor in the Mattawa case, which involved 51 original providers getting their day care attendance records collected and reviewed, said Carrie Bashaw, assistant attorney general representing DSHS Secretary Dennis Braddock and fraud investigators named in the suit.
A trial date has been set for April 17, 2006, in Richland before Judge Edward Shea in U.S. District Court, said Kay Franks, a Seattle attorney representing the women.
"It's rather a large undertaking," Franks said. "The women still feel very much the situation wasn't handled correctly. Part of their hope is that the situation won't happen again."
The day care operators allege that family pictures, passports, personal bills and divorce papers were taken without a search warrant and without probable cause by state investigators and, in one case, an unidentified Grant County sheriff's deputy.
Bashaw declined to comment further because of the ongoing litigation.
The original day care providers still are part of the federal lawsuit and two more people may be added to the case, Franks said.
A four-week trial is likely, because of the large number of plaintiffs and defendants involved in the case.
See Also:
DSHS: "No doubt there is fraud throughout the state..."
http://www.effwa.org/press_releases/2004_07_22.php
Fraudulent use of federal CFDA monies
http://www.effwa.org/budget_taxes/DSHS%20complaint.php
General FReepworthy info: In cases where officials are foot-dragging, often citizens can file lawsuits against them for "Specific Performance" such as "to prosecute X for Y by Z date." These officials seem active but there are other cases which are not so....I am not an attorney, your mileage may vary etc....
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