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Inadequate Record-Keeping Cost Acorn Housing $130K

From Steve Beatty, Pelican Institute’s investigative reporter:

More than two years before an ersatz pimp and prostitute raised troubling questions about Acorn Housing Corp.’s financial advice, Louisiana officials criticized the organization’s bookkeeping as it denied the group tens of thousands of dollars from a potential $1.5 million state contract.

The office overseeing the contract recommended against rehiring Acorn Housing in part because it couldn’t document its work.  The contract was designed to inform low-income residents about the Road Home program and help them apply for post-hurricane benefits.

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A much smaller $53,000 contract that Acorn Community Land Association had with the state attorney general’s office also was criticized for thin financial justification, though the group got its full payment and was recommended for future work. The contract was to tell hurricane victims of non-discriminatory housing policies as they sought temporary rentals.

In both contracts, the state files contain promotional materials extolling the virtues of paying for an ACORN membership – a solicitation expressly forbidden under the contracts.

“If you are not rich, you need to join your ACORN community group and work on the problems affecting you,” reads one flier in the attorney general’s file.

Several governors, including Louisiana’s Bobby Jindal, have frozen payments to ACORN or its hundreds of affiliated groups. The state has no current contracts, but records revealed the two expired contracts that paid the organizations more than $700,000.

ACORN officials did not respond to requests for comment for this story.

In the larger of the two state contracts, Acorn Housing was paid $671,000. However, it asked for much more: $801,000.

In the final evaluation of the contract, the state said Acorn Housing achieved the goal of reaching some of the targeted potential Road Home applicants, but it recommended that the state not rehire Acorn Housing.

That’s mainly because Acorn Housing kept lousy records, said Belinda Kennedy, who monitored the contract for the state’s Office of Community Development.

In the end, she rated Acorn Housing as being in “marginal compliance” with the state contract.

“There were items they were billing that we couldn’t account for,” she said in an interview this week.

Overall, the state said the invoices on file in the Acorn Housing office didn’t always match what was submitted to the state, some travel expenses couldn’t be confirmed or justified, and that the hours worked by employees weren’t always properly billed.

The final review of the contract said that Acorn Housing worked face-to-face with 629 households and another 159 over the phone in the 10 months between December 2006 and September 2007. Its subcontractor, working in rural western Louisiana parishes more affected by Hurricane Rita, reached more people, for a total of 2,099 households served by the contract.

Kennedy worked with Acorn Housing officials to try to clear up the bookkeeping problems, visiting the New Orleans office four months after the contract ended. She said she encouraged agency officials to work to justify some of the questionable billing.

 “We never heard back from them,” Kennedy said.

More background on this story can be found here.

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Lousiana Attorney General Serves ACORN With 2nd Subpoena: Full Text

From Steve Beatty, investigative reporter for the Pelican Institute:

 

The brother of ACORN’s founder embezzled $5 million from the organization, nearly five times more than the figure previously acknowledged by the New Orleans activist group’s officials, according to a subpoena served Monday by the Louisiana Attorney General’s Office.

“The exact amount of the embezzlement was unknown until it was recently acknowledged in a board of directors meeting on October 17, 2008 by (ACORN Chief Executive Officer) Bertha Lewis and (ACORN board member) Liz Wolf that an internal review had determined that the amount embezzled was $5,000,000,” reads the court document. “It is still unclear if some of the monies embezzled are from state, federal of private funds.”

 


ACORN 2nd Subpoena

ACORN officials have said that Dale Rathke, brother of founder and former CEO Wade Rathke, in 1999 and 2000 inappropriately charged $948,000 to accounts controlled by Citizens Consulting, the bookkeeping arm of ACORN. Under a quiet arrangement known to only a fraction of the organization’s 50-member board, Dale Rathke was allowed to set up a repayment plan. He eventually repaid about $200,000 before a private donor paid the balance.

Attorney General Buddy Caldwell said the statute of limitations for theft from ACORN could present problems. However, the language about the source of the money in the new subpoena hints that ACORN might not be the only victim of the alleged embezzlement and could open new avenues of investigation or prosecution.

Though the debt is paid, the attorney general’s office can still consider whether ACORN or Citizens Consulting intended to defraud the state when it failed to submit employee payroll withholding taxes for nearly six years.

The document says former members of the ACORN board of directors approached state officials with claims that the group was breaking laws “related to the filing of employee withholding taxes, failing to report an embezzlement of nearly $1 million by the brother of the founder…., obstructing justice and violations of the Employee Retirement Security Act.”

The obstruction allegation comes from the failure to report Dale Rathke’s improper charges, and the retirement-account contention refers to the possible illegal use of money in those accounts for ACORN employees.

It seeks myriad financial records dating from 1998 from Citizens Consulting regarding ACORN and all related entities, such as income paid on behalf of all ACORN affiliates, all financial audits and statements, a list of all employees for each related group, notices of tax liens and all tax returns.

The subpoena also focuses on Dale Rathke’s actions, seeking information “detailing the theft of funds by Dale Rathke…and failure to report the theft to the proper law enforcement agencies.” It also demands records “dealing with the issue of Dale Rathke’s illegal use of employee benefit funds” and “records that detail all of the funds received by Dale and Wade Rathke in either income, benefits, use of properties, credit cards or other accounts, loans or other means of deferred compensation.”

Regarding the tax many tax liens filed against ACORN and related groups, the subpoena said that “a substantial portion” of the $306,000 owed was not paid until “bank accounts were levied.”

Records in the Orleans Parish Clerk of Courts Office shows that ACORN-related entities still owe more than $1.5 million in federal taxes, as well as about $30,000 in state taxes. The most recent filing from the IRS was recorded last month for more than $500,000. It makes a claim on the ACORN building on Canal Street until the debt is paid.

Most liens stem from payroll taxes withheld from employees but not submitted to the state or the IRS. The $306,000 bill from the state says payments were missed in 66 tax periods, from 2002 through mid-2008.

Original story here.

 

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Questions About ACORN’s NOLA Contracts

From the Pelican Institute’s investigative reporter, Steve Beatty:

Despite landing $625,000 worth of work with the city of New Orleans to develop or repair housing for poor people, an offshoot of the activist group ACORN appears to have done nothing to fulfill the contract, no longer has the specified office in New Orleans and no longer employs the director who signed the contracts.

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Acorn Housing Corp. has received no city money in connection with the two contracts, city spokeswoman Ceeon Quiett told WDSU-TV recently. Neither Quiett nor her representatives responded to requests from The Pelican Institute to address other questions about the contracts, one of which expired Aug. 31.

Those questions include:

  • How did Acorn Housing get the contracts, through competitive bid or otherwise?
  • Why did no one with the city monitor the contract to ensure the city got what it expected?
  • Is the money still available to help low-income residents of New Orleans?
  • Do city officials expect the current contract, which expires Jan. 31, to provide any services?
  • Will Acorn Housing continue to be included on the city’s list of designated non-profit Community Housing Development Organizations?  

In response to a public-records request from The Pelican Institute seeking all documents associated with the contracts, the city law department could produce only the contracts themselves, and one of them lacked the attachments called for in the contract. No other records, such as required monthly progress reports nor necessary budget materials, were provided by the city.

“That’s all we have,” said Sarah Garrett of the law department.

A receptionist at the ACORN offices on Canal Street said the man who signed the contracts, Acorn Housing Director Gerald Cloud, no longer was an employee, adding that he left months ago. She said the current director, Martin Shalloo, was not available and referred further questions to Acorn Housing representatives in Washington, D.C., who did not return calls seeking comment.

The contracts say the administrative offices of Acorn Housing are at 1015 Frenchmen Street. That’s now an empty lot that shares a property line with the former ACORN headquarters on Elysian Fields. However, relatively new above-ground sewage lines indicate a trailer was there recently, and an undated image from Google Maps shows an office-style trailer on the lot. An Acorn Services van and two trailers sit amid piles of trash in the rear of the lot.

The address does not show up in the online database maintained by the Orleans Parish Assessor’s Office. However, 1017 Frenchmen is described as a vacant lot owned by Elysian Fields Corp., which IRS forms refer to as an “alter ego” of ACORN. Indeed, the Louisiana Secretary of State’s corporate database shows the same officers control both entities.
The first city contract, signed Sept. 1, 2008, would have provided $375,000 for Acorn Housing to develop 18 homes for low-income residents. It was to be part of an ambitious $20 million program by Acorn Housing. In the end, the agency wanted to develop 150 homes in the Lower 9th Ward, combining “100 adjudicated properties from the city of New Orleans and an additional 50 lots that we plan to acquire,” according to a project description attached to the contract. It said work would start in September 2008.

The 18 homes financed through the city contract were to be the first phase.

The second contract, signed Feb. 1, would reimburse Acorn Housing for up to $20,000 in “minor home repairs” to each of 10 low-income residents. The agency was also expected to train contractors and solicit beneficiaries through advertising.

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ACORN’s Tax Problems

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The Pelican Institute for Public Policy began investigating ACORN in July of this year.  Our investigative reporter, Steve Beatty, quickly discovered that ACORN and its related groups owe more than $1 million in state and federal taxes.
According to Orleans Parish court filings, ACORN had failed to pay federal payroll taxes on time, even as it was accepting grants from the federal government.  The ACORN family was responsible for at least 75 tax-related filings since Jan. 1, 2008.  Most of these were liens.
Then, on September 3, the IRS filed a $548,000 lien for two years worth of unpaid payroll taxes.  This was on top of the existing IRS bill of more than $1 million.
To add to the organization’s troubles, Louisiana Attorney General Buddy Caldwell confirmed that his office was conducting “a full scale investigation of ACORN and all of its subsidiaries.”
On September 23, the Pelican Institute reported that the City of New Orleans had two contracts with Acorn Housing Corp. for $625,000.  Acorn Housing was to be paid $250,000 for providing home repairs under one contract, and $375,000 to develop homes in areas hit by Hurricane Katrina under the other.
Although the city claims to be monitoring these contracts, it has not explained what monitoring procedures are in place.  The city has also failed to provide any information clarifying how Acorn Housing was selected to do this work.
 And neither the city nor Acorn Housing has confirmed that any work has actually been done.

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