A warrant was issued today for the arrest of Southwest City Police Chief Toi Cannada.
According to McDonald County Circuit Court records, Ms. Cannada is charged with first degree burglary, a felony, and third degree assault, a misdemeanor, in connection with events that happened Nov. 28, 2004.
The hiring of Ms. Cannada, 40, Jay, Okla., the stepdaughter of City Council member Farley Martin, led to a federal lawsuit against the city filed Sept. 24, 2004, by former Police Chief Ron Beaudry. Beaudry fought against the hiring of Ms. Cannada as an officer in his department after he learned that she had a history of drunk driving.
In his lawsuit, Beaudry claimed that Ms. Cannada, who was promoted to chief after Beaudry was fired, was convicted of a "driving-related alcohol offense" on July 21, 1994, in Webb City, and on July 13, 2001, in Callaway County.
Southwest City officials fired Beaudry June 2, after he made an unsuccessful effort to fire Ms. Cannada. Named as defendants in the lawsuit were the city of Southwest City, Mayor Al Dixon, and council members Farley Martin and Mildred Weaver. Beaudry was hired as police chief in June 2003, according to the petition. Ms. Cannada was hired on a part-time basis in November 2003. She was promoted to full-time status after a closed council meeting in March 2004, the petition said.
At that point, Beaudry conducted a background check and uncovered the alcohol-related offenses, he said. "On March 12, 2004," the petition says, "(Beaudry) received a fax from Angela Heckart, a representative with Beimdiek Insurance Agency, regarding the insurability of Ms. Cannada." Ms. Heckart said Ms. Cannada could not be insured because she had an alcohol-related driving offense in the three years before she was hired. On March 30, the city received a fax saying that Ms. Cannada was prohibited from using any city vehicle.
At that point, Beaudry fired her. "On or about April 13, 2004," the petition said, "the city council refused to fire Cannada, rehired her, and allowed her to operate her own vehicle to conduct police business."On May 14, the council suspended Beaudry after he went public about his concerns about Ms. Cannada, the petition said. On June 2, he was fired. In the petition, Beaudry claimed his First Amendment free speech rights were violated by the city officials.
***
The lawyer for former McDonald County sheriff's candidate and Seneca police officer Randy Hance is asking for extra time to file pre-trial motions.
Springfield attorney Shawn Askinosie, in documents filed today in U. S. District Court for the Western District of Missouri, asked for an extension of time to April 18 to file motions for the trial, which is scheduled to begin April 25 in Springfield. Askinosie said the government has not provided him with its complete version of the file.
Hance faces weapons charge and is being held without bond after a federal judge determined he might harm his ex-wife or others.
***
Vornado Realty Trust will not stand in the way of the Sears-K-Mart merger.
In an article today, Crain's Chicago Business says Vornado, which owns 1.2 million shares of Sears says the company has elected to receive stock as a consideration in the merger.
Sears stock has been trading high recently with investors expecting a higher bid from Vornado or another rival. Vornado dropped any thoughts of going after Sears after it agreed to join Kohlberg Kravis Roberts & Co and Bain Capital to buy Toys R Us Inc.
***
The editor of The Mankato Free Press, a Minnesota daily newspaper, resigned rather than follow a corporate dictate to eliminate two of her reporters.
That wouldn't have anything to do with this area...except that her corporate owners were Community Newspaper Holdings, Inc., owners of The Joplin Globe.
"By eliminating my position," Deb Flemming told Columbia Journalism Review, "it allows more reporters on the street." She will leave the newspaper April 9. Community Newspapers officials said the Free Press had too many reporters.
The Free Press has a long record of excellence, according to the CJR story, including the recent capture of three first-place and five second-place awards from the Minnesota Newspaper Association.
The increasing movement of people whose major interest is totally financial and not public service has damaged the quality of American newspapers. I have written frequently about Liberty Group Publishing, owner of The Carthage Press and The Neosho Daily News, which is owned primarily by the Los Angeles-based Leonard Green and Partners investment firm. Liberty's CEO is a lawyer whose only experience with journalism is being a lawyer for American Publishing, Liberty's predecessor.
Community Newspaper Holdings has less of a claim to journalistic credibility than that. CNHI's largest investor is the Alabama state pension system, which, according to CJR holds "a billion-dollar-plus stake in the papers."
"CNHI has to focus on short term results, from quarter to quarter," former Free Press publisher Sam Gett told CJR, who said he was not surprised by Flemming's resignation. "Even while I was there, she was becoming increasingly frustrated with the cost-cutting efforts."
The Mankato Free Press has only been in the CNHI fold since 2002 when it and three other daily newspapers were purchased from Ottaway Newspapers, a subsidiary of Dow Jones for $182 million. One of those other three newspapers was The Joplin Globe.
The CJR article said that Free Press staffers were just as uncomfortable as the members of The Globe's staff were went the deal went through. Their concern... that the new owners weren't journalists, but investors...a concern which has pretty much been borne out.
The Free Press' current publisher, Ken Lingen, who came to Mankato from another CNHI newspaper, said Ms. Flemming's departure won't have that much of an effect.
"The cut in upper management," he said without any reference to her name, "will not affect our day-to-day operation."
Now that's the kind of leadership that can inspire newspapers to do great things.
***
Any Globe staff members with information about CNHI dictates that have affected local news coverage here, feel free to contact me. I never divulge my sources.
***
The new owner of Northpark Mall in Joplin, CBL & Associates, had a great year in 2004, and its top officials are being rewarded for it.
As reported last week on this site, CBL & Associates, a Chattanooga, Tenn., based firm increased its revenues by $93 million last year.
According to a report issued today as part of a proxy statement filed with the Securities and Exchange Commission, CEO Charles B. Lebowitz received a salary of $526,724, a $500,000 bonus, $75,424 in restricted stock, and $13,849 in other compensation for a total of $115,998. Lebowitz holds company stock valued at approximately $6 million, according to the filing.
CBL's chief financial officer, John Foy, made $446,320 in salary, a $500,000 bonus, $75,242 in restricted stock and $13,849 in other compensation for a total of $1,035,411.
President and secretary Stephen Lebowitz made $425,000 in salary, $500,000 in bonus, $75,424 in restricted stock, and $13,849 in other compensation for a total of $1,014,273.
***
The shooting death of a Missouri Highway Patrol trooper yesterday is being compared to the shooting of the late Bobbie Harper at his rural Anderson home on Sept. 16, 1994.
Sgt. Carl Dewayne Graham, 37, was found shot to death outside his home four miles north of Van Buren Sunday, according to the St. Louis Post-Dispatch. Graham had worked yesterday and was still in uniform, the report indicated.
"The shooting of Graham bore some similarity to a case a decade ago in southwest Missouri," the article said. "Trooper Bobbie Harper was shot by a sniper at his rural southwest Missouri home in September 1994. Harper survived but later died, though not as a direct result of the shooting. An anti-terrorism task force offered a $10,000 reward for a suspected militia member wanted in the shooting, but the suspect, Timothy Coombs, remains at large. Authorities believe Coombs shot Harper in retaliation for the arrest of a friend."
The friend in question was Robert Joos, who continues to be a frequent visitor of our judicial system.
There has been no indication other than the fact that both shooting victims were Highway Patrol troopers that there is any connection between the two cases.
***
The Post-Dispatch also features an article that indicates the latest version of the foundation formula devised by state legislators could end up providing the death knell to gifted education programs in Missouri.
Right now, money is earmarked for gifted programs. The new version of the formula leaves it up to the discretion of the individual school districts whether to use money for gifted programs or not.
On the face of it, that sounds good since most people want to see decisions on how money is spent left to local officials, but with the continuing pressure to bring up test scores, the needs of gifted students, who already are almost guaranteed to do well on such tests, are likely to be neglected.
***
Nexstar Broadcasting took steps last week to alleviate some of its debt problems. Radio and Television Business Report indicates today that the company has completed the sale of $75 million worth of new seven percent senior subordinated bonds due in 2014. The money from the sales will be used to redeem Nexstar's 12 percent senior subordinated bonds due in 2008.
This will enable the company to spread out its interest costs over an additional six years.
***
The Federal Communications Commission is asking for public comments on the question of retransmission rights for local television stations.
The subject has been in the news locally since late 2004 when Nexstar Broadcasting, owner of KSNF and de facto owner of KODE, announced it would remove those channels from Cable One in Joplin on Dec. 31. The same move took place with Nexstar stations affiliated with Cox Communications in Texas, Arkansas, and Louisiana.
The American Cable Association has asked the FCC to make a ruling on the issue, according to Sky Report E-News. The ACA says retransmission consent and network non-duplication rules are being used to "create an unfair marketplace to prop up the price for retransmission consent of local stations," according to the article.
"By its action to open this petition for public comment, the FCC is acknowledging that important issues concerning retransmission consent require further scrutiny," said Matt Polka, ACA president and CEO told Sky Report E-News. "ACA appreciates the action taken today by the commission, and we look forward to providing the facts and examples necessary to remedy retransmission consent abuse."
***
Sky Report E-News also reports that DirecTV and EchoStar filed joint comments Friday with the FCC urging the agency to reject what they claim are cable industry efforts to impose higher regulatory fees on its satellite competition.
***
Governor Matt Blunt spent $811 for four panic buttons at the governor's mansion, according to today's Kansas City Star. Blunt reportedly is concerned about the safety of his family since some of the work at the mansion is done by prisoners. The only prisoners who participate in the program are carefully screened non-violent offenders, the article said.
"It seemed to be a fairly low-cost way to enhance security at the mansion," Blunt said. What he didn't say was that there are already three corrections officers at the mansion whenever the prisoners are there, as well as the Missouri Highway Patrol troopers who provide the governor and his family with protection.
***
Extra protection at the Jasper County Courthouse was the topic of news reports on the local TV stations last week. The murder of a judge in Atlanta recently returned the subject to the forefront.
No one can deny there should be added protection at the courthouse any time court is in session. You can't really argue with putting metal detectors at the entrance to courtrooms or even on the floor where the court is in session.
People who go to the courthouse on every day business like registering to vote, paying taxes, or meeting with the County Commission should not have to go through metal detectors to conduct their business. A guard or two would be quite sufficient.
Of course, none will be added as long as Sheriff Archie Dunn wants Jasper County voters to pass a law enforcement sales tax. We are going to be hearing for the next several months about what things cannot be done until we vote for the tax.
Right now, it is not a matter of the county not being able to afford protection at the courthouse, it is a matter of the sheriff deciding to use his manpower elsewhere.
Monday, March 21, 2005
Sunday, March 20, 2005
The Joplin Globe's investigative piece by R. C. Balaban on Department of Natural Resources follow-ups on odor complaints was the kind of digging a good newspaper needs to do on a regular basis.
One of Missouri's top Republican politicians described the operation of the DNR as a disgrace. That was State Senator Richard Webster when I interviewed him in 1984 when I was editor of The Lamar Democrat. Twenty-one years have passed, including 15 since Senator Webster died and the operation of that particular state agency has not improved a bit. Hopefully, the Globe piece can get some sort of reform movement started.
***
On the bright side, I apparently picked the right time to move from Carthage to Joplin.
***
ConAgra is expected to announce earnings have dropped seven cents per share during the last quarter of 2004. The announcement is scheduled for Thursday morning.
ConAgra is receiving more publicity in this area for its good neighbor policy in Carthage.
***
A reader reports that former employees of the Lamar License Bureau were unceremoniously fired recently (even though the governor's office is still not confirming that Bubs Hohulin (or any other Hohulin) is in charge of the license bureau. If anyone could get me the names of the people who were let go or have them contact me, it would be much appreciated.
One of Missouri's top Republican politicians described the operation of the DNR as a disgrace. That was State Senator Richard Webster when I interviewed him in 1984 when I was editor of The Lamar Democrat. Twenty-one years have passed, including 15 since Senator Webster died and the operation of that particular state agency has not improved a bit. Hopefully, the Globe piece can get some sort of reform movement started.
***
On the bright side, I apparently picked the right time to move from Carthage to Joplin.
***
ConAgra is expected to announce earnings have dropped seven cents per share during the last quarter of 2004. The announcement is scheduled for Thursday morning.
ConAgra is receiving more publicity in this area for its good neighbor policy in Carthage.
***
A reader reports that former employees of the Lamar License Bureau were unceremoniously fired recently (even though the governor's office is still not confirming that Bubs Hohulin (or any other Hohulin) is in charge of the license bureau. If anyone could get me the names of the people who were let go or have them contact me, it would be much appreciated.
Friday, March 18, 2005
O'Sullivan Industries director of strategic planning and communications Mike Franks was elected president of the Southwest Missouri State University Board of Governors earlier today, according to the Neosho Daily News.
Franks, a Neosho resident, succeeds former Lamar R-1 Superintendent Dr. Barbara Burns. Franks is a former president of the Neosho R-5 Board of Education.
***
The Diamond R-4 Board of Education will discuss personnel issues during a 7 p.m. Monday, March 21, closed session in the high school hospitality room, according to a notice on the district's website.
Franks, a Neosho resident, succeeds former Lamar R-1 Superintendent Dr. Barbara Burns. Franks is a former president of the Neosho R-5 Board of Education.
***
The Diamond R-4 Board of Education will discuss personnel issues during a 7 p.m. Monday, March 21, closed session in the high school hospitality room, according to a notice on the district's website.
Thursday, March 17, 2005
"As you probably know, I can’t run for the House of Representatives again after this upcoming term. When I am gone, I sure hope some white guy takes my place."
That quote is taken word for word from a newspaper column written by former Missouri State Representative Bubs Hohulin, whose loyalty to Governor Matt Blunt was recently rewarded with a profit machine in the form of the Lamar License Bureau.
If I left that quote as is, I would be accused, quite correctly, of quoting Bubs out of context. He opened one of his weekly columns with that quote to make a point.
He was inspired to write the column after he read a Joplin Globe article which quoted an African American teacher in the R-8 school system as saying he hoped he was replaced by an African American teacher. The teacher explained that the number of African American teachers in this area is small and that young African Americans need to have role models in education.
Hohulin used the quote in the manner of an old-fashioned demagogue, jumping on the opportunity to appeal to his right-wing conservative base.
Hohulin said when he read the Globe article, "I couldn’t help but imagine the outrage that would occur if a white teacher were to say that he sure hoped that he would be replaced by a white guy."
He continued, "Of course, the Joplin Globe, as well as other members of the mainstream media, have to take a lot of blame themselves. The Globe ran an article about the lack of minority teachers in local school districts. The reaction from the community should be ‘so what’. If we are going to live in a color blind society, we should never see an article like that."
He then used the article as a jumping point to go into one of his pet rants, another putdown of the quality of American education.
"The focus should have been on why today’s students are failing despite spending many times more money on education than we used to," he wrote. "The focus should have been on the lack of discipline because of unsupportive parents and the meddling of the ACLU. The focus should have been on the huge salaries paid to unnecessary administrators that are mandated by the state. The focus should have been on the unnecessary rules and regulations that get in the way of efficiently educating our kids. There should be no mention of the color of the skin of our educators. If a person can do the job better than anyone else, skin color should be irrelevant.
"Unfortunately, because of attitudes fostered by articles like the one in the Globe, more emphasis is placed on skin color and chromosome arrangement than on ability," Hohulin wrote. "That is racism and discrimination at its worst. I realize that what I am writing is totally politically incorrect and that no sane politician would say this for fear of political backlash. The fact is, I care more about where we are heading as a society than I do about my political future. I am tired of politicians being scared to say what they know is right because of who may or may not endorse them. I am tired of the media running ridiculous articles and no one pointing out what nonsense it is for fear of maybe being the next target of those who buy ink by the barrel.
"The fact is, the emperor has no clothes and I am not afraid to say it."
On the face of it, Hohulin had a point. We should always try to put the most qualified person in any position, but he is overlooking history and reality. The Joplin teacher who said he hoped he was replaced by an African American was expressing concern for young African Americans who had no role models, just as elementary and middle school principals have done their best in recent years to hire more male teachers to give young children positive male role models. When so many of them do not have a positive male role model at home, that makes it an important and necessary goal for education and for society. There are times when other things have to be taken into consideration.
That being said, Hohulin's diatribe was indicative of the way he treated his 12 years as a member of the Missouri House of Representatives. At one time, I termed him "The Abominable No-Man" because of his negative attitude toward any legislation that came his way." While he did a great deal to expose waste during his dozen years, he also lumped in everything that didn't meet his narrow view of the world with that waste.
Some of Hohulin's writings over the year do more to point that out than anything I could say about him.
RACIAL PROFILING- March 6, 2001- "It will probably never show up anywhere, but I wonder how many times an officer has seen a vehicle that should have been stopped, but didn’t because they noticed the driver was a minority and they had already stopped what they figured was the upper end of the limit of minorities for that period." This was Hohulin's way of saying that many minorities got away with breaking laws because police officers were afraid arresting them would get them accused of racial profiling."
AMERICANS WITH DISABILITIES ACT- 2002- "It doesn’t bother me to say that I think laws like affirmative action and Americans with Disabilities Act are some of the worst laws that have been passed in the history of our country. It is easy to be generous with someone else’s money, but I wonder how many of these left wing do-gooders make it a point to first look for a minority contractor when they want to add a room onto their house. Do you suppose they will make sure they have a bathroom to accommodate a guest that might be in a wheelchair? Not likely, but you can bet they will make sure that someone who is just trying to make a living while still meeting payroll and dozens of regulations will have to spend untold amounts of money and time to make sure they are hiring enough blacks. Whatever happened to hiring the best person for the job? If I were black or a woman, I would be insulted that liberal politicians would think I wasn’t good enough to get a job on my merits, that I would need them to make sure I was taken care of."
ALCOHOL AND DRUG ABUSE- "While I will be the first to admit there are legitimate mental illnesses, drug and alcohol abuse isn’t two of them. Ever since I have been in the House, I have fought against state funding of drug and alcohol abuse. I cannot understand why we should have to pay for someone that can’t keep from powdering their nose or pickling their liver. By paying for items like that, it uses up money that could, and should, be used for legitimate claims."
Those are just a few of the many provocative comments Hohulin made over the years. While many would agree with him, his lack of tolerance for anyone whose views did not coincide with his own, including many Barton County Republicans, kept him from being an effective legislator.
Apparently though, he was just the kind of man that Matt Blunt felt should be rewarded with the cash cow gift of a state revenue office...despite the fact that he was not the first, second, or even third choice (and you could probably go a lot further) of Barton County Republicans to receive that office.
It is time for Matt Blunt's people to show us the business plan Hohulin submitted to make him the recipient of the governor's generosity. If this kind of man is the kind Blunt feels should be appointed, that would indicate either Blunt has no concern whatsoever about people who do not agree with his extreme conservative views...or Bubs Hohulin must have been hiding an incredible business acumen all these years.
Let's see the business plan.
***
Profits for Echostar's Dish Network were up in 2004, even before the potential bonanza afforded by Nexstar and possibly other companies depriving cable companies of retransmission rights.
According to a filing with the Securities and Exchange Commission Thursday, Dish Network had 10.905 million subscribers at the end of 2004, up from 9.425 reported at the end of 2003. Total revenue was $7.151 billion, up from $5.739 billion in 2003, the filing said.
That quote is taken word for word from a newspaper column written by former Missouri State Representative Bubs Hohulin, whose loyalty to Governor Matt Blunt was recently rewarded with a profit machine in the form of the Lamar License Bureau.
If I left that quote as is, I would be accused, quite correctly, of quoting Bubs out of context. He opened one of his weekly columns with that quote to make a point.
He was inspired to write the column after he read a Joplin Globe article which quoted an African American teacher in the R-8 school system as saying he hoped he was replaced by an African American teacher. The teacher explained that the number of African American teachers in this area is small and that young African Americans need to have role models in education.
Hohulin used the quote in the manner of an old-fashioned demagogue, jumping on the opportunity to appeal to his right-wing conservative base.
Hohulin said when he read the Globe article, "I couldn’t help but imagine the outrage that would occur if a white teacher were to say that he sure hoped that he would be replaced by a white guy."
He continued, "Of course, the Joplin Globe, as well as other members of the mainstream media, have to take a lot of blame themselves. The Globe ran an article about the lack of minority teachers in local school districts. The reaction from the community should be ‘so what’. If we are going to live in a color blind society, we should never see an article like that."
He then used the article as a jumping point to go into one of his pet rants, another putdown of the quality of American education.
"The focus should have been on why today’s students are failing despite spending many times more money on education than we used to," he wrote. "The focus should have been on the lack of discipline because of unsupportive parents and the meddling of the ACLU. The focus should have been on the huge salaries paid to unnecessary administrators that are mandated by the state. The focus should have been on the unnecessary rules and regulations that get in the way of efficiently educating our kids. There should be no mention of the color of the skin of our educators. If a person can do the job better than anyone else, skin color should be irrelevant.
"Unfortunately, because of attitudes fostered by articles like the one in the Globe, more emphasis is placed on skin color and chromosome arrangement than on ability," Hohulin wrote. "That is racism and discrimination at its worst. I realize that what I am writing is totally politically incorrect and that no sane politician would say this for fear of political backlash. The fact is, I care more about where we are heading as a society than I do about my political future. I am tired of politicians being scared to say what they know is right because of who may or may not endorse them. I am tired of the media running ridiculous articles and no one pointing out what nonsense it is for fear of maybe being the next target of those who buy ink by the barrel.
"The fact is, the emperor has no clothes and I am not afraid to say it."
On the face of it, Hohulin had a point. We should always try to put the most qualified person in any position, but he is overlooking history and reality. The Joplin teacher who said he hoped he was replaced by an African American was expressing concern for young African Americans who had no role models, just as elementary and middle school principals have done their best in recent years to hire more male teachers to give young children positive male role models. When so many of them do not have a positive male role model at home, that makes it an important and necessary goal for education and for society. There are times when other things have to be taken into consideration.
That being said, Hohulin's diatribe was indicative of the way he treated his 12 years as a member of the Missouri House of Representatives. At one time, I termed him "The Abominable No-Man" because of his negative attitude toward any legislation that came his way." While he did a great deal to expose waste during his dozen years, he also lumped in everything that didn't meet his narrow view of the world with that waste.
Some of Hohulin's writings over the year do more to point that out than anything I could say about him.
RACIAL PROFILING- March 6, 2001- "It will probably never show up anywhere, but I wonder how many times an officer has seen a vehicle that should have been stopped, but didn’t because they noticed the driver was a minority and they had already stopped what they figured was the upper end of the limit of minorities for that period." This was Hohulin's way of saying that many minorities got away with breaking laws because police officers were afraid arresting them would get them accused of racial profiling."
AMERICANS WITH DISABILITIES ACT- 2002- "It doesn’t bother me to say that I think laws like affirmative action and Americans with Disabilities Act are some of the worst laws that have been passed in the history of our country. It is easy to be generous with someone else’s money, but I wonder how many of these left wing do-gooders make it a point to first look for a minority contractor when they want to add a room onto their house. Do you suppose they will make sure they have a bathroom to accommodate a guest that might be in a wheelchair? Not likely, but you can bet they will make sure that someone who is just trying to make a living while still meeting payroll and dozens of regulations will have to spend untold amounts of money and time to make sure they are hiring enough blacks. Whatever happened to hiring the best person for the job? If I were black or a woman, I would be insulted that liberal politicians would think I wasn’t good enough to get a job on my merits, that I would need them to make sure I was taken care of."
ALCOHOL AND DRUG ABUSE- "While I will be the first to admit there are legitimate mental illnesses, drug and alcohol abuse isn’t two of them. Ever since I have been in the House, I have fought against state funding of drug and alcohol abuse. I cannot understand why we should have to pay for someone that can’t keep from powdering their nose or pickling their liver. By paying for items like that, it uses up money that could, and should, be used for legitimate claims."
Those are just a few of the many provocative comments Hohulin made over the years. While many would agree with him, his lack of tolerance for anyone whose views did not coincide with his own, including many Barton County Republicans, kept him from being an effective legislator.
Apparently though, he was just the kind of man that Matt Blunt felt should be rewarded with the cash cow gift of a state revenue office...despite the fact that he was not the first, second, or even third choice (and you could probably go a lot further) of Barton County Republicans to receive that office.
It is time for Matt Blunt's people to show us the business plan Hohulin submitted to make him the recipient of the governor's generosity. If this kind of man is the kind Blunt feels should be appointed, that would indicate either Blunt has no concern whatsoever about people who do not agree with his extreme conservative views...or Bubs Hohulin must have been hiding an incredible business acumen all these years.
Let's see the business plan.
***
Profits for Echostar's Dish Network were up in 2004, even before the potential bonanza afforded by Nexstar and possibly other companies depriving cable companies of retransmission rights.
According to a filing with the Securities and Exchange Commission Thursday, Dish Network had 10.905 million subscribers at the end of 2004, up from 9.425 reported at the end of 2003. Total revenue was $7.151 billion, up from $5.739 billion in 2003, the filing said.
Wednesday, March 16, 2005
Visitation for Lonnie Trotter will be 7 p.m. Thursday at Daniel Funeral Home in Lamar.. His funeral is scheduled for 10 a.m. Friday. Mr. Trotter will be buried at Liberal City Cemetery. For more information about the life of Lonnie Trotter, who courageously battled ALS for the last few years and continued to contribute to the Barton County Ambulance Service, attending meetings almost right up until his death, see the earlier item in today's Turner Report.
***
The preliminary hearing for Travis Wyrick has been rescheduled to April 13 in Jasper County Circuit Court.
Wyrick, 19, is charged with felony leaving the scene of an accident in connection with the January hit-and-run death of Joplin High School senior Jamison Alexander. The hearing had been scheduled for today, but was delayed after a short court appearance.
***
It didn't take long for a trial date to be set in the newly renamed Alvarez vs. Copeland case. Documents filed today in U. S. District Court for the Western District of Missouri set a Feb. 21, 2006, trial date.
A pretrial hearing will be held Feb. 10 in Springfield.
More information on the case can be found in an item filed earlier today on The Turner Report, as well as in past filings.
***
Liberty Group Publishing redeemed in full all of its outstanding shares of the Company's Series A senior preferred stock Tuesday, according to a filing today with the federal Securities and Exchange Commission.
As of Tuesday that stock will no longer accumulate, according to the filing, and the only remaining right of stockholders will be the payment of the redemption price of those shares.
Liberty Group Publishing owns The Carthage Press, the Neosho Daily News, the Neosho Post, and the Big Nickel.
***
The November 2004 purchase of Northpark Mall in Joplin was part of a strategy of growth through regional acquisitions, according to an SEC filing today by the new owners CBL & Associates.
"We selectively acquire regional mall properties where we believe we can increase the value of the property through our development, leasing and management expertise," the filing said.
Northpark Mall and other properties purchased by CBL during 2004 played a key role in the company's $93.2 million increase in revenues, according to the filing.
***
Ed Christian, CEO of Saga Communications, owner of the KOAM and KFJX television stations in the Joplin-Pittsburg area, is $462,000 richer thanks to a decision made March 10 by the company's Executive Compensation Committee. The decision was announced today in a filing with the Securities and Exchange Commission.
Of that amount, $337,500 was awarded based on the company hitting net revenue, market revenue performance and operating margin performance goals for fiscal year 2004, according to the filing.
"An additional $125,000 was awarded by the Committee in its discretion despite the Company’s not achieving certain free cash flow and net revenue performance goals," the filing said.
"The Committee determined that unanticipated expenses, such as Sarbanes-Oxley compliance costs and higher external audit fees, contributed to the Company failing to meet the free cash flow and net revenue performance targets by 3.6% and 0.2%, respectively. The Committee concluded that because of the unanticipated expenses, which were not included in the 2004 budget on which the performance goals were based, as well as market conditions and a subjective evaluation of Mr. Christian’s performance, a portion of the potential bonus should be awarded under the Plan."
Christian's bonus will increase to $800,000 if he hits his goals during the 2005 fiscal year, according to the filing.
According to the annual report filed Tuesday, Christian owns 56 percent of Saga as of January 2005 and has general control of how the company's board of directors votes on all issues.
***
Saga Communications' annual report, filed Tuesday with the SEC, indicates that the station remains number one in the Joplin/Pittsburg market. It was one of two Saga stations, KAVU in Victoria, Texas, was the other, to be the top station.
For the year ended December 31, 2004, net operating revenue for Saga was $134,644,000 compared with $121,297,000 for the year ended December 31, 2003, an increase of $13,347,000 or 11 percent, according to the filing.
Approximately $6,725,000 ($5,679,000 in Saga's radio segment and $1,046,000 in its television segment) or 50 percent of the increase was attributable to revenue generated by stations which we did not own or operate for the entire comparable period in 2003. The balance of the increase in net operating revenue of approximately $6,622,000 was attributable to stations we owned and operated for the entire comparable period (“same station”), representing a 6 percent increase in same station net operating revenue. The overall increase in same station revenue was primarily the result of an increase in local and political revenue at a majority of Saga's stations. Station operating expense increased by $8,831,000 or 10 percent to $94,914,000 for the year ended December 31, 2004, compared with $86,083,000 for the year ended December 31, 2003.
Operating income for the year ended December 31, 2004 was $31,387,000 compared to $28,565,000 for the year ended December 31, 2003, an increase of $2,822,000 or 10 percent, according to the filing.
***
The potential sale of Cox Communications franchises in Lamar and Carthage comes as an effort by Cox to "reduce debt and accelerate growth" according to information included in the company's annual report filed today with the Securities and Exchange Commission. Cox announced March 7 that most of its mid-America franchises were for sale.
***
Nexstar Broadcasting has filed a response to Cox Communications' complaint to the FCC over the lack of negotiation over retransmission rights, according to a section in Nexstar's annual report, filed Tuesday with the federal Securities and Exchange Commission.
Cox officials said Nexstar did not negotiate in good faith before cutting off Cox franchises from carrying Nexstar stations earlier this year. Cox managed to stave off removal of KSNF and KODE from franchises in Lamar, Carthage, Aurora, and Monett by moving them from the Arkansas office, which had contracts that expired in January to the Kansas office, which has one more year under its contracts.
The filing also indicated that either Cox or Cable One has filed a response to the Nexstar response, but it did not say which one had done so. The matter is still pending.
***
The most interesting part of Nexstar's annual report, at least as far as those who have been following the retransmission battle between the company, Cable One, and Cox Communications, is the statement concerning that ongoing situation.
"If new agreements with Cox or Cable One are not reached, we and Mission could lose audience share which would affect our revenue," the filing said, referring to Mission Broadcasting, Nexstar's partner, which allegedly owns KODE. "We are currently unable to determine the ultimate outcome of these matters, but do not believe they will have a material effect on our consolidated financial condition or results of operations."
In the portion of the report in which companies are required to give forward-looking statements on matters that could adversely affect stockholders, Nexstar officials noted that their company and Mission Broadcasting do have a serious debt situation.
"Nexstar and Mission have a history of net losses and a substantial accumulated deficit," the report said.
"Nexstar and Mission had consolidated net losses of $20.5 million, $71.8 million and $99.1 million for the years ended December 31, 2004, 2003 and 2002, respectively, primarily as a result of amortization of intangible assets and debt service obligations. In addition, as of December 31, 2004, Nexstar and Mission had a combined accumulated deficit of $410.0 million. Nexstar and Mission may not be able to achieve or maintain profitability," the report said.
***
Today's Los Angeles Times featured a lengthy article on the coroner's report on the Dec. 9 suicide of investigative journalist Gary Webb.
Webb came to Carthage in August 1998 as part of Terry Reed's controversial American Heritage Festival and spoke at the Precious Moments complex. Webb was part of a San Jose Mercury News team that won a Pulitzer Prize for its coverage of the 1989 earthquake. He later became a focal point of controversy after his series "Dark Alliance," which later was published as a book, alleged that the CIA was behind the crack cocaine epidemic in black areas of southern California.
Times writer Tina Daunt began her article:
"Gary Webb planned his death with polite precision. He typed out four lengthy suicide notes and put them in the mail to family members. He placed his prearranged cremation certificate and Social Security card on the kitchen counter of his suburban Sacramento home. He put the keys to his cars and motorcycles in an envelope addressed to his oldest son.
"All his belongings — among them numerous awards from his years as an investigative reporter — were packed and neatly stacked in boxes in a corner of his living room. He left a note on the door. "Please do not enter. Call 911 for assistance. Thank you."
Later that night, he shot himself twice with the second shot finishing the job. Webb was 49.
Because of the nature of his writing, other writers in the so-called blogosphere had speculated that Webb might have been murdered.
***
Enesco is expected to announce losses of between $43 million and $47 million when it releases its fourth-quarter and annual report Thursday March 31. The company specializes in collectibles, including the Precious Moments creations of artist Sam Butcher.
Enesco's revenues increased from $256.4 million in 2003 to $268.9 million last year. The net loss came from two non-cash charges totaling $36 million, according to a Business Wire article.
***
The preliminary hearing for Travis Wyrick has been rescheduled to April 13 in Jasper County Circuit Court.
Wyrick, 19, is charged with felony leaving the scene of an accident in connection with the January hit-and-run death of Joplin High School senior Jamison Alexander. The hearing had been scheduled for today, but was delayed after a short court appearance.
***
It didn't take long for a trial date to be set in the newly renamed Alvarez vs. Copeland case. Documents filed today in U. S. District Court for the Western District of Missouri set a Feb. 21, 2006, trial date.
A pretrial hearing will be held Feb. 10 in Springfield.
More information on the case can be found in an item filed earlier today on The Turner Report, as well as in past filings.
***
Liberty Group Publishing redeemed in full all of its outstanding shares of the Company's Series A senior preferred stock Tuesday, according to a filing today with the federal Securities and Exchange Commission.
As of Tuesday that stock will no longer accumulate, according to the filing, and the only remaining right of stockholders will be the payment of the redemption price of those shares.
Liberty Group Publishing owns The Carthage Press, the Neosho Daily News, the Neosho Post, and the Big Nickel.
***
The November 2004 purchase of Northpark Mall in Joplin was part of a strategy of growth through regional acquisitions, according to an SEC filing today by the new owners CBL & Associates.
"We selectively acquire regional mall properties where we believe we can increase the value of the property through our development, leasing and management expertise," the filing said.
Northpark Mall and other properties purchased by CBL during 2004 played a key role in the company's $93.2 million increase in revenues, according to the filing.
***
Ed Christian, CEO of Saga Communications, owner of the KOAM and KFJX television stations in the Joplin-Pittsburg area, is $462,000 richer thanks to a decision made March 10 by the company's Executive Compensation Committee. The decision was announced today in a filing with the Securities and Exchange Commission.
Of that amount, $337,500 was awarded based on the company hitting net revenue, market revenue performance and operating margin performance goals for fiscal year 2004, according to the filing.
"An additional $125,000 was awarded by the Committee in its discretion despite the Company’s not achieving certain free cash flow and net revenue performance goals," the filing said.
"The Committee determined that unanticipated expenses, such as Sarbanes-Oxley compliance costs and higher external audit fees, contributed to the Company failing to meet the free cash flow and net revenue performance targets by 3.6% and 0.2%, respectively. The Committee concluded that because of the unanticipated expenses, which were not included in the 2004 budget on which the performance goals were based, as well as market conditions and a subjective evaluation of Mr. Christian’s performance, a portion of the potential bonus should be awarded under the Plan."
Christian's bonus will increase to $800,000 if he hits his goals during the 2005 fiscal year, according to the filing.
According to the annual report filed Tuesday, Christian owns 56 percent of Saga as of January 2005 and has general control of how the company's board of directors votes on all issues.
***
Saga Communications' annual report, filed Tuesday with the SEC, indicates that the station remains number one in the Joplin/Pittsburg market. It was one of two Saga stations, KAVU in Victoria, Texas, was the other, to be the top station.
For the year ended December 31, 2004, net operating revenue for Saga was $134,644,000 compared with $121,297,000 for the year ended December 31, 2003, an increase of $13,347,000 or 11 percent, according to the filing.
Approximately $6,725,000 ($5,679,000 in Saga's radio segment and $1,046,000 in its television segment) or 50 percent of the increase was attributable to revenue generated by stations which we did not own or operate for the entire comparable period in 2003. The balance of the increase in net operating revenue of approximately $6,622,000 was attributable to stations we owned and operated for the entire comparable period (“same station”), representing a 6 percent increase in same station net operating revenue. The overall increase in same station revenue was primarily the result of an increase in local and political revenue at a majority of Saga's stations. Station operating expense increased by $8,831,000 or 10 percent to $94,914,000 for the year ended December 31, 2004, compared with $86,083,000 for the year ended December 31, 2003.
Operating income for the year ended December 31, 2004 was $31,387,000 compared to $28,565,000 for the year ended December 31, 2003, an increase of $2,822,000 or 10 percent, according to the filing.
***
The potential sale of Cox Communications franchises in Lamar and Carthage comes as an effort by Cox to "reduce debt and accelerate growth" according to information included in the company's annual report filed today with the Securities and Exchange Commission. Cox announced March 7 that most of its mid-America franchises were for sale.
***
Nexstar Broadcasting has filed a response to Cox Communications' complaint to the FCC over the lack of negotiation over retransmission rights, according to a section in Nexstar's annual report, filed Tuesday with the federal Securities and Exchange Commission.
Cox officials said Nexstar did not negotiate in good faith before cutting off Cox franchises from carrying Nexstar stations earlier this year. Cox managed to stave off removal of KSNF and KODE from franchises in Lamar, Carthage, Aurora, and Monett by moving them from the Arkansas office, which had contracts that expired in January to the Kansas office, which has one more year under its contracts.
The filing also indicated that either Cox or Cable One has filed a response to the Nexstar response, but it did not say which one had done so. The matter is still pending.
***
The most interesting part of Nexstar's annual report, at least as far as those who have been following the retransmission battle between the company, Cable One, and Cox Communications, is the statement concerning that ongoing situation.
"If new agreements with Cox or Cable One are not reached, we and Mission could lose audience share which would affect our revenue," the filing said, referring to Mission Broadcasting, Nexstar's partner, which allegedly owns KODE. "We are currently unable to determine the ultimate outcome of these matters, but do not believe they will have a material effect on our consolidated financial condition or results of operations."
In the portion of the report in which companies are required to give forward-looking statements on matters that could adversely affect stockholders, Nexstar officials noted that their company and Mission Broadcasting do have a serious debt situation.
"Nexstar and Mission have a history of net losses and a substantial accumulated deficit," the report said.
"Nexstar and Mission had consolidated net losses of $20.5 million, $71.8 million and $99.1 million for the years ended December 31, 2004, 2003 and 2002, respectively, primarily as a result of amortization of intangible assets and debt service obligations. In addition, as of December 31, 2004, Nexstar and Mission had a combined accumulated deficit of $410.0 million. Nexstar and Mission may not be able to achieve or maintain profitability," the report said.
***
Today's Los Angeles Times featured a lengthy article on the coroner's report on the Dec. 9 suicide of investigative journalist Gary Webb.
Webb came to Carthage in August 1998 as part of Terry Reed's controversial American Heritage Festival and spoke at the Precious Moments complex. Webb was part of a San Jose Mercury News team that won a Pulitzer Prize for its coverage of the 1989 earthquake. He later became a focal point of controversy after his series "Dark Alliance," which later was published as a book, alleged that the CIA was behind the crack cocaine epidemic in black areas of southern California.
Times writer Tina Daunt began her article:
"Gary Webb planned his death with polite precision. He typed out four lengthy suicide notes and put them in the mail to family members. He placed his prearranged cremation certificate and Social Security card on the kitchen counter of his suburban Sacramento home. He put the keys to his cars and motorcycles in an envelope addressed to his oldest son.
"All his belongings — among them numerous awards from his years as an investigative reporter — were packed and neatly stacked in boxes in a corner of his living room. He left a note on the door. "Please do not enter. Call 911 for assistance. Thank you."
Later that night, he shot himself twice with the second shot finishing the job. Webb was 49.
Because of the nature of his writing, other writers in the so-called blogosphere had speculated that Webb might have been murdered.
***
Enesco is expected to announce losses of between $43 million and $47 million when it releases its fourth-quarter and annual report Thursday March 31. The company specializes in collectibles, including the Precious Moments creations of artist Sam Butcher.
Enesco's revenues increased from $256.4 million in 2003 to $268.9 million last year. The net loss came from two non-cash charges totaling $36 million, according to a Business Wire article.
Kenneth Copeland has been Newton County Sheriff less than three months, but he has already has had his first lawsuit filed against him.
Regular readers of The Turner Report are already familiar with that lawsuit. It was brought by former prisoner Oscar Alvarez against the Newton County Sheriff's Department and former Sheriff Ron Doerge. U. S. District Court Judge Richard E. Dorr ruled today that Doerge is no longer being sued and that Sheriff Copeland's name will be substituted as the defendant.
"(Alvarez) does not state whether Doerge is being sued in his official or personal capacities. Because (he) did not allege that Defendant Doerge himself took part in the alleged actions, it appears from the pleading that (Alvarez) brought suit against Defendant Doerge in his official capacity."
That means the lawsuit automatically becomes Sheriff Copeland's, the judge ruled.
In his lawsuit, Alvarez alleges that two jailers, Adam Brandon Babbitt and Shane Steven Smith unlocked Alvarez' jail door, turned off video surveillance cameras, unlocked the cell doors of two prisoners and then allowed them to go into Alvarez' cell and attack him.
As has been noted in The Turner Report, former Sheriff Doerge may have ignored evidence that his jailers had nothing whatsoever to do with the attack.
***
Lonnie Trotter's death was featured in the obituary section of today's Lamar Democrat. I would hope that a more complete story will be written in the Democrat in the near future.
Lonnie was cut down at age 49 by ALS (Lou Gehrig's disease). He made a lasting impact on Lamar and the Barton County community with his work with scouting and with his work for the ambulance service.
My prayers are with Nancy and Josh and their family. Lonnie will be missed.
***
The New York Times discovered long ago that people definitely have an interest in reading the life stories of those who have made an impact on the community. Of course, the Times is limited on who it can do a full-length story on simply because of the scope of its coverage, but a small-town newspaper such as the Democrat, the Neosho Daily, the Carthage Press, the Webb City Sentinel, or any of the others in this area can do no greater service to a community than to celebrate the lives of those who truly made a difference during their years on this earth.
Ron Graber and The Carthage Press do a superb job on that front, better than anyone in this area.
You don't have to have run a business or held an elected office to be worthy of a page one story in a small town. People in all walks of life make important contributions.
Regular readers of The Turner Report are already familiar with that lawsuit. It was brought by former prisoner Oscar Alvarez against the Newton County Sheriff's Department and former Sheriff Ron Doerge. U. S. District Court Judge Richard E. Dorr ruled today that Doerge is no longer being sued and that Sheriff Copeland's name will be substituted as the defendant.
"(Alvarez) does not state whether Doerge is being sued in his official or personal capacities. Because (he) did not allege that Defendant Doerge himself took part in the alleged actions, it appears from the pleading that (Alvarez) brought suit against Defendant Doerge in his official capacity."
That means the lawsuit automatically becomes Sheriff Copeland's, the judge ruled.
In his lawsuit, Alvarez alleges that two jailers, Adam Brandon Babbitt and Shane Steven Smith unlocked Alvarez' jail door, turned off video surveillance cameras, unlocked the cell doors of two prisoners and then allowed them to go into Alvarez' cell and attack him.
As has been noted in The Turner Report, former Sheriff Doerge may have ignored evidence that his jailers had nothing whatsoever to do with the attack.
***
Lonnie Trotter's death was featured in the obituary section of today's Lamar Democrat. I would hope that a more complete story will be written in the Democrat in the near future.
Lonnie was cut down at age 49 by ALS (Lou Gehrig's disease). He made a lasting impact on Lamar and the Barton County community with his work with scouting and with his work for the ambulance service.
My prayers are with Nancy and Josh and their family. Lonnie will be missed.
***
The New York Times discovered long ago that people definitely have an interest in reading the life stories of those who have made an impact on the community. Of course, the Times is limited on who it can do a full-length story on simply because of the scope of its coverage, but a small-town newspaper such as the Democrat, the Neosho Daily, the Carthage Press, the Webb City Sentinel, or any of the others in this area can do no greater service to a community than to celebrate the lives of those who truly made a difference during their years on this earth.
Ron Graber and The Carthage Press do a superb job on that front, better than anyone in this area.
You don't have to have run a business or held an elected office to be worthy of a page one story in a small town. People in all walks of life make important contributions.
Tuesday, March 15, 2005
Beverly Enterprises, recently targeted for a takeover by Formation Capital (see the information in Monday's The Turner Report) filed papers with the Securities and Exchange Commission today indicating that its CEO, William Floyd earned $900,000 in salary and an additional $1.3 million in bonus for 2004.
Beverly, based in Fort Smith, at one time had nursing homes dotting the landscape of southwest Missouri, and still owns one in Anderson.
According to the proxy statement, Floyd also received another $1.8 million in other forms of compensation, including life insurance, vesting of restricted stock and use of the company's private jet.
Beverly, based in Fort Smith, at one time had nursing homes dotting the landscape of southwest Missouri, and still owns one in Anderson.
According to the proxy statement, Floyd also received another $1.8 million in other forms of compensation, including life insurance, vesting of restricted stock and use of the company's private jet.
Monday, March 14, 2005
Documents filed today in U. S. District Court for the Western District of Missouri indicate an Oronogo woman charged with preparing fraudulent tax returns during the 2003 tax year is still preparing returns for 2004 despite the charges against her.
Nearly four weeks have passed since U. S. Attorney Todd Graves asked for a permanent injunction to keep an Oronogo woman from preparing income tax returns and the government is still waiting for Carrie Shafer's response.
With tax season here, Graves filed suggestions in support of a permanent injunction and a default judgment today.
Today's filing indicates Ms. Shafer was served with the complaint on Feb. 15, "but has not answered or otherwise responded."
The government claims Ms. Shafer's business, Taxes and More, operated from her home, has been filing fraudulent tax returns. Ms. Shafer received an associate's degree in accounting from MSSC in 1992 and has been preparing tax returns since 2002, according to the complaint. Most of her customers were from Missouri, but some were from Kansas, Oklahoma, and Texas.
"Since at least September 2003, Shafer has been preparing original and amended federal income tax returns for tax years 2000-2003 that claim fictitious or inflated itemized deductions for various expenses, including medical and dental expenses, charitable contributions, and unreimbursed employee business expenses."
The government claims Ms. Shafer made up the deductions without even getting any information from her customers to back them up. "For at least one customer," the complaint said, "Ms. Shafer also claimed an inflated child-care expense credit based on child-care services that Shafer knew had never actually been provided to, or paid for by, the customer."
The complaint also says she has been showing fictitious or inflated amounts of profit from the child-care businesses of her customers, "which results in the customers receiving "Earned Income Tax Credit refunds to which they are not entitled."
So far, tax returns of 16 of her customers have been examined, today's filing said. "All of these customers' tax returns contained fictitious or inflated itemized deductions."
Because of that, the filing said, the IRS assessed more than $25,000 in additional taxes, not including interest and penalties for the 2003 tax year.
Ninety-two thousand dollars in refund claims were disallowed for those customers, according to the filing.
The problem will continue to grow, Graves indicated. "The IRS has identified over 1,000 federal income tax returns prepared by Shafer for tax year 2003. Of these, approximately 75 percent included a Schedule A (itemized deductions) and claimed a refund. The refunds claimed on these returns total over $2 million" Another 20 percent of those returns included a Schedule C (profit or loss from business, sole proprietorship), Graves said.
It is not just Ms. Shafer that has provided false information to the government, the filing indicates. "Shafer has encouraged at least one of her customers to provide false information to the IRS at an examination meeting"
The word that she was under investigation did not stop her from continuing her activities, Graves said. "Shafer has prepared federal tax returns with fictitious or inflated itemized deductions even after being notified that she was under investigation by the IRS for her tax-preparation activities. Shafer is currently preparing 2004 federal income tax returns for customers."
Without the injunction, Graves said, "Shafer is likely to continue preparing false and fraudulent federal tax returns that understate her customers' tax liabilities." The injunction is necessary, he said, to stop the government from losing a considerable amount of revenue and to keep it from having to devote "substantial resources to examining her customers and assessing and collecting their proper federal income tax liabilities."
Graves claims her lack of a response to the complaint merits the default judgment. "(Her) inaction amounts to a total failure to defend her case and warrants default judgment."
The government is not seeking money, the filing said, but just to stop Ms. Shafer.
In addition to barring Ms. Shafer from preparing federal tax returns, the court is being asked to order her to turn over all documents identifying her customers, to provide her customers with a copy of the injunction when it is issued, and allow the government to monitor her to make sure she complies with the ruling.
"The customer list will enable the IRS to examine (Ms. Shafer's) customers (thus beginning the process of recovering lost revenue) and monitor whether she prepares additional returns on behalf of these customers."
If the court doesn't require Ms. Shafer to inform her customers of the injunction, Graves said, "they may be unaware that the court has found her tax-return preparation to be illegal and that they may be liable for additional taxes, interest, and penalties."
***
A reader tells me that Lockwood High School graduate Whitney Scott, one of the competitors in the last edition of ESPN's Dream Job is doing more than just a weekend sports show on Jock 98.7.
Miss Scott also does sports and news on Springfield's Channel 33, where former KODE sports anchor and news director Erik Schrader is the news director.
Nearly four weeks have passed since U. S. Attorney Todd Graves asked for a permanent injunction to keep an Oronogo woman from preparing income tax returns and the government is still waiting for Carrie Shafer's response.
With tax season here, Graves filed suggestions in support of a permanent injunction and a default judgment today.
Today's filing indicates Ms. Shafer was served with the complaint on Feb. 15, "but has not answered or otherwise responded."
The government claims Ms. Shafer's business, Taxes and More, operated from her home, has been filing fraudulent tax returns. Ms. Shafer received an associate's degree in accounting from MSSC in 1992 and has been preparing tax returns since 2002, according to the complaint. Most of her customers were from Missouri, but some were from Kansas, Oklahoma, and Texas.
"Since at least September 2003, Shafer has been preparing original and amended federal income tax returns for tax years 2000-2003 that claim fictitious or inflated itemized deductions for various expenses, including medical and dental expenses, charitable contributions, and unreimbursed employee business expenses."
The government claims Ms. Shafer made up the deductions without even getting any information from her customers to back them up. "For at least one customer," the complaint said, "Ms. Shafer also claimed an inflated child-care expense credit based on child-care services that Shafer knew had never actually been provided to, or paid for by, the customer."
The complaint also says she has been showing fictitious or inflated amounts of profit from the child-care businesses of her customers, "which results in the customers receiving "Earned Income Tax Credit refunds to which they are not entitled."
So far, tax returns of 16 of her customers have been examined, today's filing said. "All of these customers' tax returns contained fictitious or inflated itemized deductions."
Because of that, the filing said, the IRS assessed more than $25,000 in additional taxes, not including interest and penalties for the 2003 tax year.
Ninety-two thousand dollars in refund claims were disallowed for those customers, according to the filing.
The problem will continue to grow, Graves indicated. "The IRS has identified over 1,000 federal income tax returns prepared by Shafer for tax year 2003. Of these, approximately 75 percent included a Schedule A (itemized deductions) and claimed a refund. The refunds claimed on these returns total over $2 million" Another 20 percent of those returns included a Schedule C (profit or loss from business, sole proprietorship), Graves said.
It is not just Ms. Shafer that has provided false information to the government, the filing indicates. "Shafer has encouraged at least one of her customers to provide false information to the IRS at an examination meeting"
The word that she was under investigation did not stop her from continuing her activities, Graves said. "Shafer has prepared federal tax returns with fictitious or inflated itemized deductions even after being notified that she was under investigation by the IRS for her tax-preparation activities. Shafer is currently preparing 2004 federal income tax returns for customers."
Without the injunction, Graves said, "Shafer is likely to continue preparing false and fraudulent federal tax returns that understate her customers' tax liabilities." The injunction is necessary, he said, to stop the government from losing a considerable amount of revenue and to keep it from having to devote "substantial resources to examining her customers and assessing and collecting their proper federal income tax liabilities."
Graves claims her lack of a response to the complaint merits the default judgment. "(Her) inaction amounts to a total failure to defend her case and warrants default judgment."
The government is not seeking money, the filing said, but just to stop Ms. Shafer.
In addition to barring Ms. Shafer from preparing federal tax returns, the court is being asked to order her to turn over all documents identifying her customers, to provide her customers with a copy of the injunction when it is issued, and allow the government to monitor her to make sure she complies with the ruling.
"The customer list will enable the IRS to examine (Ms. Shafer's) customers (thus beginning the process of recovering lost revenue) and monitor whether she prepares additional returns on behalf of these customers."
If the court doesn't require Ms. Shafer to inform her customers of the injunction, Graves said, "they may be unaware that the court has found her tax-return preparation to be illegal and that they may be liable for additional taxes, interest, and penalties."
***
A reader tells me that Lockwood High School graduate Whitney Scott, one of the competitors in the last edition of ESPN's Dream Job is doing more than just a weekend sports show on Jock 98.7.
Miss Scott also does sports and news on Springfield's Channel 33, where former KODE sports anchor and news director Erik Schrader is the news director.
One of the attorneys for former Newton County Sheriff Ron Doerge says that the scheduling plan submitted Thursday by former prisoner Oscar Alvarez's attorney is fine with her client.
Kristen B. Roubal filed the papers, which approved an early 2006 court date for Alvarez' civil suit against Doerge and the Newton County Sheriff's Department, in U. S. District Court for the Western District of Missouri. It is the most recent filing by Doerge's defense team since the former sheriff asked that his name be removed from the lawsuit and be replaced by his hand-picked successor as sheriff Kenneth Copeland.
More information about the schedule can be found in the March 10 Turner Report. Alvarez claims he was beaten by two prisoners who were allowed into his cell by a pair of guards who looked the other way.
***
A pretrial conference for Randy Hance has been scheduled for Wednesday, April 6, in Springfield, before U. S. Magistrate Judge James C. England.
Hance, a former Seneca police officer and candidate for McDonald County sheriff, is facing an April 25 trial on federal weapons charges.
***
The newly redesigned www.diamondwildcats.org features the agenda for the 7 p.m. Thursday R-4 Board of Education meeting. On the good side, this is the first time in a long time that the agenda has been posted more than 24 hours before the meeting.
On the other hand, the agenda gives R-4 patrons absolutely no idea of what will actually be discussed. It just lists areas such as: superintendent's report, maintenance, and high school principal's report, but no information about what any of these reports are going to contain.
Diamond school officials may be meeting the letter of the law with these agendas, but they are falling far short of the spirit.
***
An investor group that wants to take over Beverly Enterprises of Fort Smith, Ark., is trying a different approach, according to Arkansas Business.
Formation Capital LLC of Alpharetta, Ga., sent a letter to Beverly's investors asking them to elect six of its people to the board of directors so it can complete a $1.45 billion takeover.. The company's initial takeover bid was rejected by Beverly, with Beverly's board saying the takeover was "not in the best interest" of the company.
Beverly once owned a number of nursing homes in this area, including one in Neosho. It still has a home in Anderson.
***
The lawsuit filed by Hollinger International against its former CEO Conrad Black will continue, according to The Associated Press.
A federal judge in Chicago ruled today that the company could continue to try to recover money it says Black and his former deputy David Radler swindled from the company.
Hollinger at one time owned the Neosho Daily News and The Carthage Press.
Kristen B. Roubal filed the papers, which approved an early 2006 court date for Alvarez' civil suit against Doerge and the Newton County Sheriff's Department, in U. S. District Court for the Western District of Missouri. It is the most recent filing by Doerge's defense team since the former sheriff asked that his name be removed from the lawsuit and be replaced by his hand-picked successor as sheriff Kenneth Copeland.
More information about the schedule can be found in the March 10 Turner Report. Alvarez claims he was beaten by two prisoners who were allowed into his cell by a pair of guards who looked the other way.
***
A pretrial conference for Randy Hance has been scheduled for Wednesday, April 6, in Springfield, before U. S. Magistrate Judge James C. England.
Hance, a former Seneca police officer and candidate for McDonald County sheriff, is facing an April 25 trial on federal weapons charges.
***
The newly redesigned www.diamondwildcats.org features the agenda for the 7 p.m. Thursday R-4 Board of Education meeting. On the good side, this is the first time in a long time that the agenda has been posted more than 24 hours before the meeting.
On the other hand, the agenda gives R-4 patrons absolutely no idea of what will actually be discussed. It just lists areas such as: superintendent's report, maintenance, and high school principal's report, but no information about what any of these reports are going to contain.
Diamond school officials may be meeting the letter of the law with these agendas, but they are falling far short of the spirit.
***
An investor group that wants to take over Beverly Enterprises of Fort Smith, Ark., is trying a different approach, according to Arkansas Business.
Formation Capital LLC of Alpharetta, Ga., sent a letter to Beverly's investors asking them to elect six of its people to the board of directors so it can complete a $1.45 billion takeover.. The company's initial takeover bid was rejected by Beverly, with Beverly's board saying the takeover was "not in the best interest" of the company.
Beverly once owned a number of nursing homes in this area, including one in Neosho. It still has a home in Anderson.
***
The lawsuit filed by Hollinger International against its former CEO Conrad Black will continue, according to The Associated Press.
A federal judge in Chicago ruled today that the company could continue to try to recover money it says Black and his former deputy David Radler swindled from the company.
Hollinger at one time owned the Neosho Daily News and The Carthage Press.
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