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Mississippi Attorney General

2017

Office of the Attorney General

State of Mississippi

2017 Annual Report

Attorney General Jim Hood

2017 Annual Report


2017 Annual Report


A Message from Attorney General Jim Hood

My Fellow Mississippians, As your attorney general, I have committed my public life to protecting the

families of our great state. Our 2017 Annual Report reflects that commitment,

and I am proud to present it to you.

The work and dedication of our experienced team in the Office of Attorney

General is highlighted in the next 100 pages.

Every day, our staff members come to work ready to help you, whether that’s

handling a consumer issue, resolving a child support situation, holding public

officials accountable, protecting loved ones from abuse, or training our state’s

law enforcement on ways to better protect you.

Our work this past fiscal year included the recovery of $206,822,945 in funds

owed to Mississippians from unscrupulous corporations and criminals. A large

part of this amount—$150,000,000—was the first of 16 payments owed from

the 2010 BP oil spill. This tragedy continues to hurt Mississippians, and the

culpable companies are answerable to pay their part to help recovery efforts.

Additionally, our Consumer Protection Division assisted more than 48,000

callers with issues of concern and recovered more than $5 million in restitution, penalties, and settlement

recoveries. The Cybercrime Division opened nearly 300 cases on child and online predators. This division

and its work to get child predators behind bars and away from our children remains one of my strongest

passions. The Medicaid Fraud Control Unit secured court orders for offenders to pay more than $12.5 million

in restitution and fines. The Child Desertion Unit obtained 13 convictions for parents who abandoned

financial support of their child, and the Opinions Division issued 434 official opinions and spent more than

7,000 hours advising Mississippians on the laws in our state.

On the legislative side, I am very proud that we championed a bill into law that strengthens penalties for

sexual assault. With the passage of House Bill 1356, perpetrators will receive a sexual assault protection

order that bans them from having any contact whatsoever with the victim(s), regardless of their relationship,

and it will run consecutively to any existing sentences. Our office is passionate about victims’ rights, and this

is but one step in the right direction to make our state a safer place for victims of sexual assault.

These results were achieved due to the most dedicated folks in Mississippi who work in this office. Our staff

members are true public servants. The work they do can be grueling, but each staff member has your safety

in mind with every investigation opened and each case closed. There is no greater joy than making our state

a stronger, safer place to call home.

We were proud, once again, of our very own Deputy Chief of the Bureau of Victim Assistance Paula Broome,

who made the national stage when she was awarded the American Bar Association’s Sharon Corbitt Award.

This distinguished honor is given annually to one attorney from any area of practice for exceptional service

and leadership improving the legal response to domestic and dating violence, sexual assault, and stalking.

We are lucky to have Paula on our team, and Mississippi is lucky to have such a champion fighting for their

rights!

I hope that you are equally as proud of the work that the Mississippi Attorney General’s Office has

accomplished this past year. For me, it's no cliché to always ask myself, "what would Jesus do" as I go about

my work in the position to which I was elected by you. It is my duty to protect the least among us, and in this

office, we take that charge seriously in all that we do.

Sincerely yours,

Jim Hood

2017 Annual Report


2017 Annual Report


Table of Contents

Message from Attorney General Jim Hood 3

Table of Contents 5

Mississippi Attorney General’s Executive Summary 7

Executive Branch of the Mississippi Attorney General’s Office 12

Division of Communications 13

Bureau of Victim Assistance 14

Civil Litigation Division 26

Consumer Protection Division 35

Criminal Litigation Division 42

CyberCrime Division 45

Medicaid Fraud Control Unit 50

Opinions and Local Government 51

Prosecutor Training Division 53

Public Integrity Division 55

(Public Integrity Unit, Alcohol and Tobacco Enforcement, Child Desertion, DUI Training, Insurance

Fraud, and Vulnerable Adults)

Administration and Support Services 73

State Agencies

Agriculture Division 76

Department of Corrections 77

Mississippi Development Authority 77

Department of Education 78

Department of Finance and Administration 81

Mississippi Forestry Commission 82

Mississippi Gaming Commission 82

Mississippi Department of Health 83

Human Services Division 85

Information Technology Services 87

Institutions of Higher Learning 88

2017 Annual Report


Table of Contents (Con’t)

Mississippi Department of Insurance 90

Mississippi Department of Marine Resources 91

Division of Medicaid 92

Department of Mental Health 93

Pearl River Valley Water Supply District 93

State Personnel Board 94

Professional Licensure and Regulatory Section 94

Public Employees Retirement System (PERS) 95

Secretary of State Public Lands Division 96

Department of Rehabilitation Services 96

Mississippi Department of Transportation 97

State Veterans Affairs Board 100

Department of Wildlife, Fisheries, and Parks 101

Support Services Division 102

2017 Annual Report


Funds Recovered During Fiscal Year 2017

Source Type Amount Disposition Medicaid Fraud Control Unit Restitution, Fines & Penalties $12,779,219 State of MS; DOM; AGO;

Federal Gov't

Consumer Protection Division Restitution, Penalties & Settlement Recoveries

$5,094,574 State of MS; AGO; Consumers, Victims, Citizens

Public Integrity Division Restitution, Fines & Fees $130,794 State of MS; AGO; Victims & Citizens

Vulnerable Persons Unit Restitution & Fines $163,292 Victims & Citizens

Child Desertion Unit Restitution & Fines $403,568 DHS; Custodial Parents

Insurance Integrity Enforcement Bureau

Restitution & Fines $111,702

State of MS; AGO; Victims & Citizens

Cyber Crime Division Restitution & Fines $105,600 State of MS; AGO; Victims & Citizens

Alcohol & Tobacco Enforcement Division

Fines $83,282

Justice & Municipal Courts

Division of Medicaid Subrogation, Estate Recoveries & Special Needs Trusts

$2,698,956 State of MS; DOM; Clients

MS Department of Transportation Workers' Compensation Subrogated Claims, Motor Vehicle & Other Property Damage

$292,454 State of MS; MDOT; Citizens

Department of Agriculture Fines & Penalties $85,225 State of MS; Dept of Ag.

Department of Rehabilitation Services

Subrogation claims $6,181

Agency Clients

Pearl River Valley Water Supply District

Delinquent Lease Fees $132,619

State of MS; PRVWSD

North American Funding Co - BP Oil Spill

Settlement $150,000,000

State of MS Budget Contingency Fund

TransUnion, LLC Settlement $1,848,883 State of MS

AztraZeneca Pharmaceuticals - Seroquel

Settlement $6,185,093

State of MS

MetLife Settlement - Home Owners $3,231,809 State of MS; MDA

Assistance Litigation

Moody's Corporation Settlement $21,985,961 State of MS

Branan Medical Corporation Settlement - Epps Case $1,483,733 State of MS

Total Funds Recovered FY2017

$206,822,945

2017 Annual Report


Executive Summary

BUREAU OF VICTIM ASSISTANCE

Assisted 969 victims of violent and non-violent crimes and provided approximately 3,705 units of service

Trained more than 2,000 law enforcement officers and dispatchers on Mississippi law Trained more than 560 court personnel (judges, clerks, and prosecutors) on state law related

to domestic violence, sexual assault, stalking, strangulation, and human trafficking Trained 693 professionals, including social workers, advocates, private attorneys, community

members, and faith-based groups Provided technical assistance to more than 1,800 on the Domestic Abuse Protection Order

Registry and Uniform Domestic Violence Offense Reporting System Trained 49 nurses in Sexual Assault Nurse Examiner certification 227 Trained—Officer involved shooting course in cooperation with USDOJ, RCTA, & LEAPS Awarded $2,976,725.63 and received 1,268 claim applications Received a federal grant for $910,000 Bureau of Victim Assistance paid $270,642.81 to cover costs of sexual assault medical

forensic examinations

CIVIL LITIGATION • Positive outcome in 99 percent of cases in federal and state courts • Recovered millions of tax payer dollars for state and local taxpayers in audit matters, including

recoveries for cities and counties

CONSUMER PROTECTION DIVISION Responded to 48,142 phone calls for assistance placed to the division Collected $2,098,567.54 in restitution Recovered $2,996,006.26 in costs and fees Average restitution per investigator: $419,713.51 Opened 1,250 cases Opened 70 identity theft cases Made six intellectual property crimes arrests Made 15 identity theft arrests Made 10 additional arrests (i.e. mail fraud, wire fraud, false pretense)

CRIMINAL LITIGATION DIVISION

Appellate Section Filed 332 briefs and 38 miscellaneous responses Had 13 oral arguments Processed 69 extraditions Won 93 percent of cases

Death Penalty Section

Filed 72 briefs and responses Had 18 oral arguments and/or hearings Won 73 percent of cases

2017 Annual Report


CRIMINAL LITIGATION (Con’t)

Federal Habeas Corpus Filed 160 briefs, responses, and motions in the federal courts

Represented the state in six evidentiary hearings in the federal district court

Won 100 percent of cases either in district court or on appeal

CYBERCRIME DIVISION 294 new cases opened 24 convictions obtained 457 examinations for a total of 79 terabytes of data 113 presentations with 10,417 people attending

MEDICAID FRAUD CONTROL UNIT

Recovered $240,884.51 in restitution and civil penalties from Medicaid providers through investigations and participation in global (multi-state) litigation

$12,538,333.96 in restitution and fines ordered by various criminal courts. (An additional $1,941,354 will be accounted for in FY 18 due to a sentencing date after the close of FY 17.)

Reviewed and processed 32 complaints of fraud Opened 30 complaints as criminal investigations Convicted five individuals of fraud Reviewed and processed 2,227 complaints of abuse, neglect or exploitation of patients/

residents in licensed health care facilities or personal care homes Opened 482 complaints for criminal investigations Convicted 57 individuals of abuse, neglect, or exploitation Conducted 70 educational programs for health care facility staff, civic clubs, professional

organizations, educational institutions, planning and development districts, law enforcement agencies, and health care associations

OPINIONS AND LOCAL GOVERNMENT

Issued 434 official opinions

Returned 86 percent of formal opinions within 30 days or less

Spent more than 7,100 hours giving advice by telephone and email and over 400 hours

preparing and conducting seminars around the state

More than 400 hours spent preparing and conducting seminars around the state

Trained local officials in implementation of new laws passed by the legislature

PROSECUTOR TRAINING DIVISION

Provided training to more than 682 prosecutors, investigators, victim assistance coordinators,

and check unit personnel

Offered 32 hours of continuing legal education to Mississippi prosecutors

PUBLIC INTEGRITY

Recovered $130,793.79 in restitution, fees, and fines

Opened 160 investigations

1,029 complaints received and worked

2017 Annual Report


CHILD DESERTION UNIT

Received approximately 200 complaints Opened 12 new investigations Obtained 13 convictions Obtained 15 indictments Made 10 arrests Awarded $403,568.01 in restitution, fines, and fees

INSURANCE FRAUD AND WORKERS’ COMPENSATION FRAUD

Recovered $111,702.04 in restitution, reimbursements, investigative costs, court costs, and fees Received 114 complaints Conducted 68 insurance fraud investigations Conducted 30 workers’ compensation investigations Obtained 13 convictions and 62 indictments

VULNERABLE ADULTS


Received 3,151 complaints of abuse, neglect, and/or exploitation


Obtained five convictions

DUI UNIT Five Cops In Court Trainings at Office of Standards and Training’s Standardized Field Sobriety

Testing (SFST). Classes included DUI law, mock trial simulations, and courtroom preparation Two A.R.I.D.E. (Advanced Roadside Impairment Driving Enforcement) trainings - two-day training

focused on drug-related DUIs, review of Mississippi’s DUI statute, and case law 10 in-service trainings including a 2017 DUI Law Update to MHP, DREs, and numerous municipal

and county law enforcement officers MS STARS– Provided DUI update Four DUI Basic Course to recruits at MLEOTA, one course for reserve officers, and one course to the

MS Highway Patrol In-Service Trainings Drafted Attorney General Opinions relating to DUI law changes

ALCOHOL & TOBACCO ENFORCEMENT DIVISION

In June 2010, the Alcohol and Tobacco Unit was issued a contract with the Food and Drug Administration to enforce the Federal Tobacco Laws. Because of our past efforts and existing program, we were the first state in the nation to enforce under this contract. Tobacco and Beer Enforcement Checks

$94,513.50 in fines and court costs 785 retail clerks trained during 314 retailer training programs 12,078 tobacco enforcement checks 7,349 alcohol enforcement checks Nine cases submitted to the Department of Revenue for suspension Four gun compliance complaint investigations 4,737 FDA undercover buy inspections

2017 Annual Report


Mississippi Attorney General’s Office

Executive Branch

Bureau of Victim Assistance

(Children’s Division, Advocacy, Training & Technical Assistance

Division, Crime Victim Compensation)

Civil Litigation

Consumer Protection Division

Criminal Litigation

CyberCrime Division

Medicaid Fraud Division

Opinions and Local Government

Prosecutors Training

Public Integrity Division

(Public Integrity Unit, Alcohol and Tobacco Enforcement, Child

Desertion, DUI Training, Insurance Fraud, and

Vulnerable Adults)

State Agencies

Support Services Division

2017 Annual Report


Executive Branch of the Mississippi Attorney General’s Office

Attorney General

Executive Assistant

Deputy Attorneys General

Support Staff

The Executive Branch of the Mississippi Attorney General’s Office is comprised of Attorney General Jim Hood

and his Executive Assistant Delisa Jones, Deputy Attorneys General Mike Lanford and Onetta Whitley,

Special Assistant Attorney General Don Kilgore and his assistant, Cindy Burnham, Special Assistant

Attorney General Jackie Ray, Director of Communications Margaret Ann Morgan, Public Information Officer

Rachael Ring, and Receptionists Marilyn Robinson, Kristen Gribble, and Janet Brooks.

Attorney General Jim Hood is serving his fourth term as attorney general. He has served since being sworn

into office in January 2004. The attorney general is the chief legal officer and advisor for the state in both civil

and criminal matters. General Hood is a progressive leader who believes prevention is the best way to tackle

crime and is not afraid to go after those who threaten the livelihood of Mississippi citizens.

General Hood is assisted by Delisa Jones. Delisa has more than 20 years of executive service to the State.

She manages the General’s schedule, appointments, and speaking engagements. She works closely with the

staff at the National Association of Attorneys General to coordinate General Hood’s involvement with issues

of national importance to chief legal officers across the country.

Mike Lanford and Onetta Whitley serve as the Deputy Attorneys General. As deputies, they are authorized to

perform the duties and execute the powers of the attorney general on his behalf and serve in his place on

boards and commissions. The administration of the Attorney General’s Office is divided between the two

deputies. Onetta Whitley has responsibilities for the following divisions: Public Integrity, Medicaid Fraud

Control Unit, Consumer Protection, and various state agencies’ representation. She is assisted by Arnette

Warren. Mike Lanford has responsibilities for the following divisions: Opinions, Civil Litigation, Criminal

Appeals, and various state agencies’ representation, including Departments of Transportation, Gaming, and

Finance and Administration. He is assisted by Linda Nesline.

Receptionists Marilyn Robinson, Donna Thomas, Kristen Gribble, and Janet Brooks are invaluable assets to

the attorney general, his staff, and the people of Mississippi. They are often the first contact callers have with

this office, and they cheerfully perform their duties each day. They answer numerous phone calls and direct

callers to the best person in the office to address their questions. These ladies also greet the many visitors

the office receives each day.

2017 Annual Report


DIVISION OF COMMUNICATIONS

T he Mississippi Attorney General’s Office recognizes the important role played by the media in our efforts to serve the people in our state and supports an

open relationship with members of the press. Margaret Ann Morgan serves as Director of Communications, and Rachael Ring is the Public Information Officer. The Communications Division is responsible for writing and distributing news releases and agency publications, planning public events, and sharing the work of the office through social media.

Additionally, the Mississippi Attorney General’s Office strives to keep the state’s families, adolescents, and elderly safe through prevention, education, and awareness. The Division of Communications released two new consumer brochures this fiscal year. “Solar Power in Mississippi” and “Insurance and Auto Body Repair” can be found at www.agjimhood.com along with the following publications:

General Information

A Quick Reference Guide to the Office of Attorney General, State of Mississippi

Relating to Alcohol and Tobacco Enforcement

Underage Drinking: What Parents Should Know

Youth Drug Abuse: What Parents Should Know

Relating to Crime Prevention/Victim Services

Address Confidentiality Program

A Victim’s Guide

Crime Victim Compensation Financial Assistance for Victims of Crime in the State of Mississippi

Bully-Proof

School Violence Prevention Guide

Workplace Violence Prevention: A Guide Effective Responses to Victims of Violent Crime: A Guide for Law Enforcement

A Guide to Child Safety: A Parent’s PLAN

Resource Guide for Combating Senior Financial Abuse in Mississippi

Youth Suicide: What Parents Should Know

Mississippi Crime Victims’ Bill of Rights

Post-Conviction Procedures

Relating to Cyber Crime

A Guide to Child Safety: A Parent’s PLAN

Cyberbullying: What Parents Should Know

Sexting: What Parents Should Know

Illegal Downloads: What Parents Should Know

Keeping You Safe in Cyberspace

Online Dating Tips

Relating to Consumer Protection

Solar Power in Mississippi

Insurance and Auto Body Repair

Guidelines for Home Repair Contracting

Identity Theft (Book and Pamphlet)

Operation Knock Out Knock Offs

Consumer Tips for Storm Victims

What Determines the Price I Pay for Gasoline

A Merchant’s Guide to Mississippi’s Price Gouging Law

Designer Jeans Dirt Cheap?

A Consumer Guide to Mississippi’s Lemon Law

Mississippi Guide to Consumer Protection Laws

Spanish Brochures (El Fraude en Casa, El Fraude de Automovil, and El Fraude en la Billetera)

Relating to Domestic Violence

Federal Firearms Law: Domestic Violence

Offender Gun Ban

Responding to a Domestic Violence Call: A Quick Reference Guide for Mississippi Law Enforcement

Human Trafficking

Stalking: Prevention and Awareness Guide

Dating Violence: Expect Respect

The Mississippi Domestic Abuse Protection Order

Relating to the Opinions Division

Guide to Mississippi Open Meetings and Public Records Laws

Safeguarding the Vote: Recognizing and Reporting Election Crimes

Public Records Law (as revised in 2015)

Relating to Vulnerable Adults

Vulnerable Adults Law Enforcement Guide

2017 Annual Report


BUREAU OF VICTIM ASSISTANCE

T he Bureau of Victim Assistance (BOVA) is charged with supporting efforts to increase the effectiveness of the criminal

justice system, promoting the fair and compassionate treatment of victims of crime, ensuring victims are afforded their constitutional rights and considerations, providing eligible victims of violent crime with financial assistance, and facilitating efforts to improve outcomes

for children. BOVA comprises the Children’s Division, Advocacy, Training and Technical Assistance Division, and Crime Victim Compensation Division.

Children’s Division

T he Children’s Division collaborates with other state agencies and nonprofits and works to improve the juvenile justice and child welfare systems to facilitate efforts to reduce juvenile

delinquency, truancy, drop-out rates, cyberbullying, exploitation of children, child abuse, and child neglect through training and technical assistance.

The Annie E. Casey Foundation – Juvenile Detention Alternatives Initiative (JDAI)

The Juvenile Detention Alternatives Initiative (JDAI) is being replicated in Adams, Leflore,

Washington, Rankin, and Harrison counties. The JDAI core strategies have also been introduced in

DeSoto and Lauderdale counties. JDAI focuses on the juvenile detention component of the juvenile

justice system and promotes changes to policies, practices, and programs to reduce reliance on

secure confinement, improve public safety, reduce racial disparities and bias, save taxpayers’

dollars, and stimulate overall juvenile justice reforms. After more than a decade of innovation and

replication, JDAI is one of the nation’s most effective, influential, and widespread juvenile initiatives

for justice system reform.

Each year, the Annie E. Casey Foundation (AECF) sponsors its Annual Inter Site Conference, which

brings together stakeholders from JDAI sites across the nation. During the 2016 JDAI Inter Site

Conference, the Mississippi delegation included members of the JDAI State Level Advisory Group.

This group is comprised of representatives from the Department of Education, Department of Mental

Health, Department of Human Services, Department of Public Safety Planning, local JDAI sites, and

other community leaders.

2017 Annual Report


The Attorney General’s Office serves as the coordinator of JDAI and works closely with AECF, local sites, and other local and state agencies to bring about juvenile justice reform in the state. Under the direction of the Attorney General’s Office, a State Level Advisory Group was formed, which consists of representatives from the five JDAI sites and local and state stakeholders. We meet each quarter to discuss matters that impact youth involved with the juvenile justice system and address issues affecting youth in the juvenile justice system. The Children’s Division sponsored quarterly JDAI All Sites Meetings. These meetings provided sites a platform to discuss juvenile justice reform issues impacting their jurisdictions and share reform efforts being implemented at the local level. Other groups that have an impact on reform efforts were also invited to the meetings to share statewide system changes that may impact work being done at the local level. These meetings have proven to be very beneficial in our efforts of taking JDAI to scale.

The Annie E. Casey Foundation – Juvenile Detention Alternatives Initiative (JDAI) (cont)

Mississippi Juvenile Justice Advisory Committee

Gloria Salters of the Children’s Division was appointed to serve on the Mississippi Juvenile Justice Advisory Committee (JJAC) to the governor, commonly known as the State Advisory Group (SAG). The Juvenile Justice Advisory Committee (JJAC) is a state advisory group appointed by the governor to advise all parts of the state on issues relating to juvenile justice. The committee is overseen by the Mississippi Department of Public Safety Planning, which is a division of the Mississippi Department of Public Safety. Within the Department of Public Safety Planning, the JJAC is managed by the Office of Justice Programs.

Healthy Choices for Teens Program IGU (“I Got You”)

Parent Representation Program

The Children's Division worked collaboratively with Casey Family Programs and others on the Parent Representation Program to provide indigent parents in juvenile dependency cases with legal representation. This program will provide indigent parents in juvenile dependency cases with legal representation. The Parent Representation Program began as a pilot program in Adams, Forrest, Harrison, and Rankin counties. The program was later implemented in Hancock County. The goal of the program is to expedite the placement of children in a permanent home.

This is an educational community health outreach program for 8th and 10th graders in Mississippi. The program was developed by the Central Mississippi Residential Center in partnership with area schools, local law enforcement, the Mississippi Department of Mental Health Bureau of Alcohol and Drug Abuse, Care Lodge Domestic Violence Shelter, Mississippi State University Extension Service, and the Attorney General’s Office.

Students travel to the Central Mississippi Residential Center during school hours to learn about topics including suicide prevention, healthy dating relationships, alcohol and drug abuse prevention, bullying and cyber bullying, self-injury, and healthy coping skills. The program presenters are professionals who are experienced in their field and able to connect with the students.

Child Advocacy Studies (CAST) Two years ago, the Department of Family and Children’s Services, Attorney General’s Office, and Children’s Advocacy Centers of Mississippi joined forces to request that colleges and universities in Mississippi implement CAST, which is designed to ensure that our future workforce will be skilled in recognizing and addressing abuse cases prior to entering their career fields. CAST is an interdisciplinary program for students entering the fields of criminal justice, social work, sociology, human sciences, education, nursing, psychology, law, medical school, or seminaries. This program involves a multidisciplinary approach that allows the various disciplines to learn to work together to prevent, identify, and address situations involving child abuse and neglect.

Mississippi was presented an advocacy award at the 2017 Violence Intervention and Prevention (VIP) Summit sponsored by the Gundersen National Child Protection Training Center for the work being done to implement CAST in state community colleges and universities.

2017 Annual Report


School Safety Resource Publications

Several important publications regarding child safety are available on Attorney General Jim Hood’s

website (www.agjimhood.com). These publications serve as resource materials to equip parents,

teachers, and administrators with the tools needed to protect children in communities and schools.

Other publications are also available on the site that are valuable to the protection of children and

adults.

A Parent’s PLAN to Child Safety

Vital factors in ensuring child safety are “Preparation, Listening,

Awareness, and Nurturing (PLAN).” Because dangerous situations

are real in a child’s world, parents must use every measure

available to protect their children. Unfortunately, parents cannot be

with their child at all times, so this PLAN provides

parents with some indicators of predatory behavior,

steps to implement, precautionary guidelines to

follow, and basic safety skills for children.

School Violence Prevention Guide

This school violence prevention guide is designed to help teachers

identify the warning signs of a potentially violent child and help

school administrators establish a protocol for students and teachers

to report these signs before a violent act occurs.

Other work of the Children’s Division includes serving a vital role or providing assistance to the following entities: Mississippi College School of Law, Child Advocacy Program Advisory Board Mississippi KIDS COUNT Program Advisory Board Commission on Children’s Justice Child Death Review Board MDHS’ State Level Case Review Team Southern Christian Services for Children and Youth, Inc. Lookin’ to the Future

Conference Committee Mississippians Advocating Against Underage Drinking (MAAUD) Task Force Interagency System of Care Council Jim Casey Mississippi Youth Opportunity Initiative Community Partnership Board Juvenile Justice Symposium Planning Committee Executive Steering Council for NFusion Trauma Conference Planning Committee One Loud Voice Conference Planning Committee Teen Pregnancy Task Force

http://www.ago.state.ms.us/images/uploads/forms/AGOGuidetoChildSafety.pdf

http://www.ago.state.ms.us/images/uploads/forms/SchoolViolenceManual.pdf

2017 Annual Report


Advocacy, Training and Technical Assistance Division 1

1 The Attorney General’s Domestic Violence Division now operates in its entirety within the Advocacy, Training and

Technical Assistance Division and for purposes of this report will not be referenced as a separate division.

T he Advocacy, Training, and Technical Assistance Division is actively engaged in numerous activities for law enforcement, prosecutors, and the judiciary, as well as advocates, community

organizations, and members of the public. These activities are specifically tailored to enhance victim safety and increase offender accountability in the areas of domestic violence, stalking, sexual assault, and human trafficking. The division also engaged in activities and training programs related to officer-involved shootings and de-escalation tactics for law enforcement when dealing with mentally ill and special needs populations.

Victim Assistance Program

The Victim Assistance Program is committed to providing the most up-to-date resources and information and creating a better understanding of the criminal justice system for all crime victims and survivors. Program staff provide crisis intervention, assist with completion of financial aid applications, connect victims to support groups and other related services, educate law enforcement and victim service providers on victim rights and services, and assist victims with invoking their rights and obtaining case and offender status. The Victim Assistance Program emphasizes providing assistance to individuals who live in rural areas where local victim services are not available.

Additionally, victim advocates aid victims during recovery by lending emotional support, assisting with supplying written documentation to criminal justice officials regarding the impact of the crime, requesting court-ordered restitution, and guiding victims and survivors through the criminal justice system and to other resources.

Advocates assist the Mississippi Attorney General’s Criminal Litigation Division by providing victims and/or survivors whose cases are pending appeal with updates from the Mississippi Supreme Court and the Mississippi Court of Appeals. Court accompaniment for oral arguments before the Supreme Court and Court of Appeals is provided upon request. Advocates also assist the Attorney General’s Medicaid Fraud Control Unit, Vulnerable Persons Unit, Cyber Crime Unit, and the Public Integrity Division.

This fiscal period, the Victim Assistance Program assisted 969 victims of violent and non-violent crimes. Approximately 3,705 units of service were provided, including referrals, support, advocacy, and information on the Crime Victim Compensation Division and the Crime Victims’ Bill of Rights.

Advocates provide year-round support and technical assistance to victim service providers, law enforcement, and criminal justice officials. Updated victim resource directories are routinely distributed statewide to all victim assistance coordinators and victim service providers. In addition, victim advocates collaborate extensively with the Mississippi Coalition for Survivors of Homicide, Mississippi Coalition Against Sexual Assault, and Mississippi Coalition Against Domestic Violence.

3,705 Service

Units Provided

969 Victims

Served

2017 Annual Report


Victim Assistance Program (Cont)

The program maintains a victim service provider network to assist in the exchange of information

among victim service providers. This includes information on awareness events, training

opportunities, various requests for assistance, available grants, and legislative action regarding

victim issues.

Training

Specifically-tailored training and education programs on a variety of topics are offered to meet the

needs of professionals who work within or otherwise interact with the criminal and civil justice

systems, including but not limited to, law enforcement officers, judges, court clerks and other court

personnel, prosecutors, medical personnel, advocates, and community-based organizations. The

training and education programs created by the division include a particular emphasis on the topics

of domestic violence, stalking, sexual assault, and human trafficking. Two additional training

programs for law enforcement were also developed by the division. Those two programs pertained

to the topics of officer-involved shootings and de-escalation tactics by law enforcement when

responding to mentally ill persons and special needs populations.

The following is a summary of the activities performed by the training arm of the

division during FY2017:

Ongoing Law Enforcement Training

Throughout the year, division staff provided training programs for law enforcement agencies around the state. These training programs take place across Mississippi to better enable local law enforcement to attend. Training is provided free of charge at the request of the agency. Topics of instruction included laws and appropriate response to domestic violence, strangulation, stalking, human trafficking, and sexual assault crimes. Classes were taught in report writing, courtroom testimony, use of the statewide database for domestic abuse protection orders and the domestic violence uniform offense reports, advanced investigative techniques in strangulation, sex crimes, and human trafficking cases, enforcement of domestic abuse protection orders, officer-involved shootings, and de-escalation tactics for police encounters with the mentally ill and special needs populations.

In addition to this training, division staff members develop and teach the required 20-hour domestic violence curriculum for new recruits at five of the law enforcement academies within the state. Division staff also provide a domestic violence course for the refresher class at the Mississippi Law Enforcement Officers Training Academy as well as investigator courses at MLEOTA and the North Mississippi Law Enforcement Officers Training Academy. The division also works with a number of reserve officer academies, including those in Hinds, Simpson, and Rankin counties as well as the Columbus and Tupelo reserve officer academies. Training was also provided for dispatchers and TAC officers. During FY2017, the division trained more than 2,000 law enforcement officers, investigators, and dispatchers.

2017 Annual Report


Sexual Assault Nurse Examiner (SANE)

The division continues to partner with the Mississippi Coalition Against Sexual Assault in its efforts to train medical professionals to perform forensic examinations on patients who present as victims of sexual assault. Nurses and physicians who perform forensic examinations must do so in a manner that preserves the chain of custody for the evidence collected during the examination and must be prepared to testify effectively. The 40-hour Sexual Assault Nurse Examiner-Adult/Adolescent (SANE-A) course teaches the medical professional how to navigate both the medical and legal landscape associated with forensic examinations. Division staff serve on the faculty for the SANE program which offers three SANE-A courses per calendar year in the north, south, and central parts of the state. In FY 2017, the division, in collaboration with the MS Coalition Against Sexual Assault, offered three 40-hour adult SANE (SANE-A) courses and one 40-hour pediatric SANE (SANE-P) course. The total number of nurses attending the SANE courses was 49.

Judges, Court Clerks, and Prosecutors

Division staff has been active in assisting the judicial system and providing guidance on the laws related to domestic violence, the protection order process, stalking, strangulation, sexual assault, and human trafficking. Staff members are regular presenters at annual judicial and court clerk conferences or association meetings. They have also conducted regional training sessions for court clerks on the Uniform Domestic Violence Offense Report and the Mississippi Protection Order Registry. During FY 2017, division staff provided training for approximately 568 judges and court clerks. This training included instruction for one national judges conference, the National Association of Justice Court Judges Conference, which was held in Biloxi, Mississippi.

The division has two prosecutors on staff who serve as the state’s Violence Against Women Resource Prosecutors, one of whom also serves as the Human Trafficking Coordinator. Both work closely with prosecutors around the state to help facilitate the successful prosecution of domestic violence, human trafficking, and sex crime offenders. Division staff regularly presents at conferences organized by the Mississippi Prosecutors’ Association and the Attorney General’s Prosecutor Training Division. During FY 2017, division staff trained or otherwise provided instruction to approximately 117 prosecutors on various aspects of state law related to domestic violence, sexual assault, strangulation, and officer-involved shootings.

Other Initiatives

In addition to the training outlined above, the division trained many other professionals including social workers, advocates, private attorneys, medical personnel, students, community members, faith-based groups, and multidisciplinary groups reaching an additional 693 people. Along with training and education in a classroom or conference setting, the division serves as the centralized resource for matters pertaining to domestic violence, sexual assault, stalking, strangulation, and human trafficking. Division prosecutors and advocates provide individualized responses to inquiries from law enforcement, prosecutors, judges, and other professionals related to Mississippi laws on domestic violence, stalking, strangulation, human trafficking and sexual assault. The division has also been instrumental in the development and passage of legislation pertaining to domestic violence, sex crimes, and human trafficking.

2017 Annual Report


Technical Assistance

Mississippi Protection Order Registry and Mississippi Uniform Domestic

Violence Offense Reporting System

The division operates and oversees a statistical database, which includes a central registry for

domestic abuse protection orders in addition to uniform domestic violence offense reports. Technical

assistance is provided to court clerks and law enforcement personnel on the operation of the

Mississippi Domestic Abuse Protection Order Registry and the Uniform Domestic Violence Offense

Reporting system. The technical assistance includes providing assistance to court clerks and law

enforcement personnel on the entry of data into the database, making sure passwords are issued

and operating appropriately, and troubleshooting with individual agencies as problems arise. During

the fiscal period, technical assistance was provided to more than 1,800 persons by multiple division

personnel. During FY 2017, a total of 3,986 domestic abuse protection orders were entered into the

registry by court personnel. During the same period, law enforcement submitted 10,370 domestic

violence uniform offense reports into the database. The division is also charged with making sure

domestic abuse protection orders are validated to ensure protection orders can also be maintained

in the FBI’s NCIC database. This requires close communication with Mississippi’s Criminal

Information Center, the courts, and the TAC officers for every county. During FY 2017, division staff

validated 871 Domestic Abuse Protection Orders.

Resource Materials

Technical assistance is provided through the development and distribution of statewide resource

materials related to laws, policies, and practices on the topics of domestic violence, stalking, and

sexual assault. In addition, the division creates and disseminates the uniform protection order

forms as well as the uniform petition for requesting protection.

2017 Annual Report


Human Trafficking

T he position of Human Trafficking Coordinator is housed within the Bureau of Victim Assistance and is responsible for evaluation of state efforts to combat human trafficking, collection of data

on human trafficking activity within the state, promotion of public awareness on human trafficking, remedies and services for victims, development and implementation of rules pertaining to management of the relief for the Victims of Human Trafficking Fund, and development of training. The training is developed for law enforcement, prosecutors, judges, and others in the legal system, as well as members of the community. Training is focused on the various forms of human trafficking. The Human Trafficking Coordinator and other division staff presented on the topic of human trafficking at the following events: National Justice Court Judges Conference, Biloxi Hinds County Sheriff’s Department, Raymond Mississippi College School of Law, Jackson Waynesboro Women’s Club, Waynesboro Mississippi Nurses Association Conference, Biloxi League of Women Voters’, Jackson University of Mississippi Medical Center School of Nursing, Jackson Picayune Women’s Club, Picayune MLEOTA Certified Investigators Program, Pearl Lions Club Girls Leadership Academy, Roosevelt State Park, Morton Mississippi Nurses Association Regional Seminar, Ruleville Truckers Against Trafficking Conference, Jackson and Belden Mississippi Delta Law Enforcement Officers Training Academy, Certified Investigators Program,

Moorhead Mississippi Constables Conference, Gulfport Mississippi Nurses Association Regional Seminar, Biloxi During FY 2017, the division received and followed up on approximately 14 tips/calls regarding possible human trafficking cases—follow-up consisted of making contact with the reporting parties to obtain additional information and, where the tip/call indicated likely human trafficking activity, taking additional investigatory steps. Also during FY 2017, the division partnered with the Mississippi Office of Homeland Security’s Fusion Center to develop a centralized database for human trafficking cases investigated by law enforcement. This partnership resulted in the Fusion Center designing and launching a secure database within the Homeland Information Sharing Network. Mississippi is the first state in the country to do this. Plans are currently in the works to train law enforcement officers on the use of the database in 2018. Additionally, division personnel were instrumental in getting a human trafficking grant from the State Justice Institute which was awarded to the Administrative Office Courts. The division worked closely with AOC to administer the grant. Grant funds were utilized to bring in two national consultants to help formulate a plan for addressing human trafficking in the juvenile courts. The consultants worked with personnel from various state agencies and courts throughout the grant year. Thus far, efforts under the grant have led to the development of protocols and training by Mississippi Child Protective Services and the Children’s Advocacy Centers of Mississippi as well as reference resources and training curricula for Juvenile Courts.

2017 Annual Report


Encourage Sexual Assault ARREST Project

This grant project is supported by a U.S. Department of Justice grant awarded to the Attorney General’s Office in October 2014. Under grant requirements, the Attorney General’s Office must implement the grant in partnership with the Mississippi Coalition Against Sexual Assault (MSCASA). Persons coordinating the grant project for the Attorney General’s Office include a special assistant attorney general and investigator. The primary goal of the grant is to improve the way sex crimes in Mississippi are investigated and prosecuted. ARREST Project personnel are charged with developing and providing training for law enforcement officers and prosecutors as well as creating uniform policies and procedures that can be implemented statewide. Personnel with the ARREST project also provide investigation and prosecution assistance as needed. Other goals under the project include increasing the number of SANEs (sexual assault nurse examiners) employed by Mississippi hospitals. To accomplish this goal, grant money is used to fund scholarships for nurses to attend the 40-hour SANE course that the Attorney General’s Office and MSCASA provide multiple times per year. During FY 2017, eight scholarships were provided to nurses to enable them to attend the course. In addition, continuing legal education courses for attorneys will be developed and offered free of charge throughout the state. In collaboration with the Mississippi Coalition Against Sexual Assault, 17 trainings were provided during FY 2017 under the project. In addition, continuing legal education courses for attorneys are being developed and will be offered free of charge throughout the state in FY 2018.

OFFICER-INVOLVED SHOOTINGS COURSE

The division continued its partnership with the United States Department of Justice, RCTA, and LEAPS to provide a course for law enforcement on officer-involved shootings. The course instructs officers on the parameters of the law for using lethal force as well as the physical, emotional, cognitive, social, and departmental changes that may occur in an officer-involved shooting. In FY 2017, four such courses were offered in the following locations: Hattiesburg, Jackson, Tupelo, and Biloxi. Approximately 227 law enforcement officers attended the training events.

Safe with Dignity: Crisis Intervention through De-escalation for Police Encounters with the Mentally Ill and Special Needs Populations (SaDi CID) Project

The division has also developed the SaDi CID project in collaboration with Pine Belt Mental Health and with advisory assistance from the Mississippi Department of Mental Health. The project is designed to bring together local law enforcement and community mental health partners in each mental health region. The project will provide instruction to law enforcement on recognizing mental illnesses and special needs and appropriate de-escalation tactics when law enforcement officers encounter these populations. Training under this project began in August 2016, and instruction for the course is provided by investigators from the Attorney General’s Public Integrity Division.

2017 Annual Report


Victim Compensation Response Form

As a way to assist the division in its ongoing efforts to continually enhance program effectiveness, participants awarded compensation benefits were sent a Victim Compensation Response Form.

These response forms reflected numerous positive remarks including but not limited to the following:

On behalf of my family, we would like to say, “THANK YOU” for the services rendered. We appreciate it 100%! Thank you again!!

Thankful for the assistance I received from the staff at your office. This helps offset the expense due to my wreck.

I want to thank you for being there for blessing my family and myself in our time of sorrow.

I appreciate all that you have done to help me cope with my emotional and financial issues. You provided a great service. Words don’t do it justice. Thanks again.

I thank you for everything. Your service, your monetary award, your prayers, and may God continue to bless this agency. Thank you.

I would like to extend my gratitude and thanks for the help that was given to me during this tragic event. Without the help from VCD, I do not know how I would have been able to bury my child. God bless!

The financial burden of crime is reduced by reimbursing eligible victims for their crime-related injury expenses not covered by any other source of benefits. Compensation may be awarded to the victim, the dependents of a deceased victim, survivors, or a person authorized to act on behalf of the victim, and/or surviving dependent. Benefits are awarded for medical care, rehabilitation, counseling services, work loss, loss of support for dependents of homicide victims, tuition loss, domestic violence relocation and temporary housing assistance, court-related travel, repair and replacement costs, crime scene cleanup, and funeral expenses. This fiscal year, the division received a total of 1,268 claim applications and awarded $2,976,725.63.

The division received a $910,000 Victims of Crime Act (VOCA) Victim Compensation federal grant from the U.S. Department of Justice, Office for Victims of Crime.

Victim Compensation Program

Crime Victim Compensation Division

T he Crime Victim Compensation Division provides financial assistance and support services to victims of crime and their family members. The goal of the division is to relieve the hardships of

victims and assist in their recovery whenever possible. These goals are achieved through several program activities, including but not limited to, financial assistance through the Crime Victim Compensation Program, reimbursements to medical providers through the Sexual Assault Medical Forensic Exam Payment Program, and aiding victims of domestic violence, sexual assault, and stalking in keeping their location confidential through the Address Confidentiality Program. Revenue is derived from fees/fines imposed on criminals, court-ordered restitution, reimbursement though subrogation rights, donations, and federal grants.

2017 Annual Report


Address Confidentiality Program (ACP)

The Address Confidentiality Program, as one part of an overall safety plan, assists Mississippi

residents who are attempting to escape from actual or threatened domestic violence, sexual assault,

or stalking by establishing a confidential address in an effort to prevent their assailants or probable

assailants from finding the victim’s location. Program participation allows the division to act as the

legal agent for the participant and gives the division the authority to accept service of process on

behalf of the participant. The Address Confidentiality Program helps victims keep their location

confidential by providing them with a substitute address and a mail forwarding service for use when

interacting with state and local agencies. All legal documents, first class, registered, and certified mail

are routed from the division to the victim's new confidential location. By law, the addresses of those

enrolled in the Address Confidentiality Program are exempt from the Mississippi Public Records Act.

Outreach, Public Awareness and Community Involvement

Training continues to be an ongoing and integral component of the division. Staff conducted or

participated in a total of 40 trainings and awareness events. Those trainings and/or events included

but were not limited to State Attorney’s Continued Legal Education, Sexual Assault Nurse Examiner

(SANE) Trainings (adult and pediatric) through the Mississippi Coalition Against Sexual Assault,

Mississippi Department of Public Safety, Catholic Charities, Child Advocacy Centers of Mississippi,

Mississippi Law Enforcement Officers’ Training Academy, Mississippi National Guard Sexual Assault

Response Coordinators, and Jackson State University.

The division continues to co-host and/or participate in annual Crime Victims’ Rights Week events

and the annual Tree Lighting Ceremony. During these events, individuals from across the state

come together to remember, honor, and pay tribute to victims of violent crime, bring awareness to

the needs of and services for crime victims, promote the Crime Victims’ Bill of Rights, and recognize

the many individuals who provide much needed service and assistance to victims and survivors

alike.

Sexual Assault Medical Forensic Exam Payment Program

The division paid a total of $270,642.81 to medical providers for costs associated with the completion

of Sexual Assault Medical Forensic Examinations. By law, the victim should not receive the bill for the

exam nor should the victim be held responsible for payment.

2017 Annual Report


Opioid Crisis Project

Division personnel participated in efforts to address Mississippi’s growing opioid crisis. These efforts

included:

Working with the Prescription Monitoring Program (PMP), Medical Licensure Board, and

Mississippi Nursing Licensure Board to find ways to reduce opioid prescriptions through doctor

shopping

Drafting and proposing legislation to require physicians to check the PMP before prescribing

opioids (did not pass)

Supporting legislation which requires prescribers to register with PMP passed and enacted

Serving on the planning committee and co-sponsoring the FY 2018 Opioid Summit with MBN

which was held at Broadmoor Baptist Church in Madison July 11-13, 2017

Awards/Recognitions

The American Bar Association awarded the Sharon Corbitt Award to Paula Broome, Deputy Chief of

the Bureau of Victim Assistance, in a ceremony held in San Francisco on August 5, 2016. The

award is given annually to an attorney from any area of practice for exceptional service and

leadership improving the legal response to domestic violence, dating violence, sexual assault, and/

or stalking.

2017 Annual Report


CIVIL LITIGATION DIVISION

2017 Civil Litigation Division Accomplishments

Positive outcome in 99 percent of cases in federal and state courts

Recovered millions of tax payer dollars for state and local taxpayers in audit

matters, including recoveries for cities and counties

Significant litigation cases handled by the Civil Litigation Division or that

are pending include the following:

Protecting Important Statewide Interests

Clarksdale Municipal School District, et al. v. State of Mississippi (Supreme Court of Mississippi, Cause No.

2015-CA-01227-SCT): Over 20 school districts sued the State alleging the Mississippi Legislature has

underfunded the Mississippi Adequate Education Program since FY2010. The districts argued state statute

dictates annual mandatory appropriations funding to each district in the state in whatever amounts MDE

estimates under the budgetary formula, entitling the plaintiff districts to over $235 million in past damages

and all districts to over $1.4 billion in addition to prospective injunctive relief compelling future appropriations

under their view of the statutory scheme. The Civil Division moved the Hinds County Chancery Court for

judgment on the pleadings and successfully argued that the districts’ statutory argument failed as a matter of

law, among other defenses. The Mississippi Supreme Court agreed with our office and affirmed.

Jackson Women’s Health Organization and Willie Parker, M.D. v. Mary Currier, M.D., M.P.H., in her official

capacity as State Health Officer of the Mississippi Department of Health (U.S. Dist. Ct., S.D. Miss.): The Civil

Litigation Division is representing State Health Officer Mary Currier, M.D., M.P.H. in a lawsuit filed by a

Mississippi abortion clinic challenging the constitutionality of House Bill 1390, which requires all physicians

associated with an abortion facility to have admitting privileges at a local hospital and to be board certified in

obstetrics and gynecology. On June 28, 2016, the U.S. Supreme Court ruled that a similar Texas law was

unconstitutional and declined to accept Dr. Currier’s appeal. The case was returned to the district court for

further proceedings, and the parties are awaiting the court’s ruling on a separate part of House Bill 1390,

which requires doctors performing abortions to be board certified or board eligible in Obstetrics/Gynecology.

Metal Management Mississippi, Inc. v. Governor Haley Barbour (U.S. Dist. Ct., S.D. Miss.): To curb the

epidemic of metal theft, the Legislature enacted regulations on companies that purchase scrap metal. A

scrap metal purchaser filed suit in federal court asserting the law violated the United States Constitution. The

purchaser sought a preliminary injunction prohibiting the law from taking effect. The Civil Litigation Division

filed a memorandum in opposition to the requested relief. After a lengthy oral argument, the federal court

denied the purchaser’s request to stay the law. In light of the arguments presented by the division, the

purchaser later dismissed the suit in its entirety.

T he primary purpose of the Civil Litigation Division is to provide trial and appeal court counsel for state agencies, officials, and employees in

litigation in state and federal courts. The division also defends local district attorneys and judges when those officials are sued. The civil actions include a wide range of constitutional issues, Title VII employment matters, voting

rights, prisoner cases, contracts, 1983 actions for damages, suits for injunctions, audit demands, ethics issues, and many other matters which can arise from the various functions of state government.

2017 Annual Report


John Ravenstein v. Elisha Ravenstein (Hankins) In the Supreme Court of Mississippi (No. 2013-TS-

01085-SCT): The Civil Litigation Division was asked by the Mississippi Supreme Court to file a brief

addressing the constitutionality of certain child support statutes. After briefing, the Supreme Court

did not declare the statute to be unconstitutional.

Dallas Swanson v. State of Mississippi, Department of Public Safety and the Mississippi Highway

Patrol: The Civil Litigation Division represented the Mississippi Department of Public Safety. This

matter involved three defendants who objected to the administrative procedure used in the

suspension of drivers licenses. The division successfully defended these cases from challenges of

the DUI offenders.

City of Jackson v. The Mississippi Fire Personnel Minimum Standards and Certification Board (Hinds

County Chancery Court): The city of Jackson Fire Department filed suit against the Mississippi Fire

Personnel Minimum Standards and Certification Board (MSCB) alleging the MSCB did not have the

statutory authority to require firefighter candidates pass written and skills testing as a pre-condition

to certification. The City argued that the board did not have the express or implied statutory authority

to administer a certification test because the word “test” does not appear in the board’s governing

statutes. In defense, the Civil Litigation Division filed a motion for summary judgment and

successfully argued that because the Legislature required the MSCB utilize the National Fire

Protection Association (NFPA) fire service professional qualification standards that certification

testing of every graduate from every fire academy was within the board’s authority. The chancery

court agreed with the Civil Litigation Division and ruled in favor of the MSCB.

Richard Jordan, et al. v. Marshall Fisher, et al. (U.S. Dist. Ct. S.D. Miss): The Civil Litigation Division

and the Criminal Division are jointly defending this suit brought by condemned death row inmates

challenging the constitutionality of the state’s three drug lethal injection execution protocol. The

district court preliminarily enjoined the State from carrying out executions using the protocol, but on

the State’s appeal, the Fifth Circuit Court of Appeals (Fifth Circuit) reversed and vacated the

injunction. The district court is in the process of determining whether to permit the plaintiffs’ access

to confidential information protected by the 2016 amendment to Section 99-19-51 or whether to

close discovery and proceed to trial. The Civil and Criminal Divisions continue to vigorously defend

the state’s lethal injection law.

Jackson County, Mississippi, by and through Jackson County Board of Supervisors, and Jackson

County, Mississippi, by and through Jackson County Sheriff’s Department and Sheriff Mike Byrd v.

Public Employees’ Retirement System of Mississippi (PERS) (Jackson County Chancery Court): The

Civil Litigation Division represented PERS in an action filed by Jackson County, Mississippi,

challenging an administrative decision by the PERS staff that Jackson County’s employee leave

policies did not comply with state law and regulatory requirements. The chancery court preliminarily

enjoined PERS from enforcing its regulation, but after the Mississippi Supreme Court accepted

PERS’ interlocutory appeal, the parties resolved this dispute by settlement.

Kitsaa Stevens v. Hood; Lorra Bond White v. Attorney General Jim Hood (Hinds County Circuit

Court): These related cases involved appeals of the ballot titles assigned by the Attorney General’s

Office to a pair of proposed initiatives to permanently adopt the current state flag by constitutional

amendment. The circuit court found in favor of the State and denied both of these appeals.

Protecting Important Statewide Interests (cont)

2017 Annual Report


Recovering Funds Due the State

Mississippi Surplus Lines Association v. J.K. Stringer, Jr. (U.S. Dist. Ct., S.D. Miss.): Pursuant to statutory

authority, the Mississippi Commissioner of Insurance has enlisted the assistance of the Mississippi Surplus

Lines Association (MSLA) in regulating certain insurance agents. By statute, the commissioner authorized

MSLA to collect a fee from agents in order to fund MSLA’s operating expenses. Legislation was passed

requiring MSLA to transfer $2 million of its excess statutory fees to the Budget Contingency Fund. MSLA

filed suit in federal court asserting that the statutory fees were private property that could not be taken by

the State. After extensive briefing by both parties, the federal district court ruled for the State and adopted

the Civil Litigation Division’s argument that the $2 million in statutory fees are the property of the State.

MSLA appealed the decision to the Fifth Circuit Court of Appeals. The Fifth Circuit Court of Appeals agreed

with the division and affirmed the district court.

Patients’ Choice Medical Center of Humphreys County v. Robinson, et al. (U.S. Dist Ct., S.D. Miss.); (Hinds

County Chancery Court): The Civil Litigation Division represents the Division of Medicaid in suits filed by

Patients’ Choice Medical Center of Humphreys County. In May 2007, Medicaid began withholding

payments to Patients’ Choice on all claims submitted by it for behavioral health services because of

suspected fraud and/or abuse and/or willful misrepresentation. After auditing Patients’ Choice, Medicaid

determined that Patients’ Choice had obtained $4,082,471.79 in improper payments. Patients’ Choice filed

suit in federal court seeking an injunction preventing Medicaid from recouping the improper payments. The

district court, after reviewing the arguments made by Civil Litigation, denied Patients’ Choice’s request for a

preliminary injunction. Following the district court’s rejection of its request for an injunction, Patients’ Choice

voluntarily dismissed its suit. Subsequently, Patients’ Choice sued Medicaid in Hinds County Chancery

Court seeking a temporary restraining order to stop Medicaid from re-auditing and asked the chancery court

to declare that the claims for behavioral health services that it had submitted were lawful under Medicaid’s

regulations and requested an injunction to lift the suspension of payment for behavioral health services.

The chancery court denied Patients’ Choice’s petition for a restraining order on the ground that Patients’

Choice was asking it to intervene in an ongoing administrative proceeding. The Division of Medicaid

proceeded to conduct an administrative hearing, at which it was determined that parts of the audit were

flawed. Accordingly, the executive director ordered that a new audit be conducted. Patients’ Choice

appealed this decision to Hinds County Chancery Court. Patients’ Choice subsequently ceased operating

and withdrew from the Medicaid program after its CEO, Ray Shoemaker, was convicted of taking kickbacks

and federal healthcare fraud and sentenced to serve four years in federal prison. In 2016, Patients’ Choice

voluntarily dismissed its administrative appeal with prejudice.

Mississippi Division of Medicaid v. Allegiance Specialty Hospital of Greenville, LLC (Washington County

Circuit Court): The Civil Litigation Division recently filed suit on behalf of Medicaid to recover over $148,000

in unpaid hospital assessments and civil penalties, and the case is pending in state court. The division is

preparing to file suit on behalf of Medicaid against five other hospitals to recover over $371,000 of additional

unpaid assessments and civil penalties.

C. Delbert Hosemann, Jr. Secretary of State for State of Mississippi, Poplarville Special Municipal School

District and Pearl River County School District v. Harold Simmons (Pearl River County Circuit Court): The

Civil Litigation Division represented the secretary of state in a lawsuit to recover approximately $300,000

worth of timber that a logger cut did not pay for on Sixteenth Section lands. The division reached a

favorable settlement with the logger’s insurance company, and the local district attorney obtained a criminal

indictment and subsequent guilty plea related to the same events. Pursuant to the guilty plea, the logger is

serving 30 consecutive days, followed by 48 weekends, in Pearl River County Jail and must also pay

restitution in the amount $26,000.

2017 Annual Report


Roderick and Solange MacArthur Justice Center v. Mississippi Department of Corrections (Hinds County

Chancery Court) (Mississippi Supreme Court): The Civil Litigation Division and Criminal Division jointly and

successfully represented the Mississippi Department of Corrections and obtained a final judgment in favor

of the agency. The plaintiff—an advocacy group representing condemned inmates—alleged that the

Mississippi Department of Corrections violated the Public Records Act by declining to produce highly

confidential and sensitive information concerning suppliers of execution drugs to the state. The Mississippi

Supreme Court ultimately held that the documents and information sought by plaintiff were confidential and

exempt from production and rendered a decision in favor of the department.

Stallworth, et al. v. Bryant, et al. (U.S. Dist. Ct., S.D. Miss.): In its 2016 Regular Session, the Legislature

modified the Airport Authorities Law to enlarge the governance structure of the airport authority responsible

for administering the state’s largest airport, Jackson-Evers International. The city of Jackson and current

authority board challenged the law by suing the governor, lieutenant governor, and others in federal court,

contending the enactment violates the state and federal constitutions. The Civil Litigation Division has

represented the state officers targeted by the lawsuit and has successfully argued many of the claims lack

merit and which have been dismissed by the district court. The remainder of the claims remain pending for

trial anticipated next spring.

Watkins Development LLC and David Watkins Sr. V. C. Delbert Hosemann, in his capacity as Secretary of

State (Hinds County Chancery Court): David Watkins appealed the secretary’s final order imposing civil

penalties, restitution, and costs totaling $680,000 for multiple violations of the Mississippi Securities Act.

The chancery court affirmed three of the four violations, and the Mississippi Court of Appeals affirmed the

three violations and reinstated the fourth violation imposed in the secretary’s final order. The Mississippi

Supreme Court affirmed the three original violations and reversed the Court of Appeals as to the

reinstatement of the fourth violation. The final order requires Watkins Development LLC and David

Watkins, Sr. to pay $655,000 in civil fines, restitution, and costs.

Denning, et al. v. Barbour, et al. (U.S. Dist. Ct., S.D. Miss.): In response to the significant increases in the

cost of prescription drugs provided by the Division of Medicaid, the Legislature enacted a number of cost-

saving measures including reducing the number of prescriptions covered by Medicaid to five per month for

adult non-institutionalized beneficiaries. A class of Medicaid beneficiaries filed suit in federal court seeking

to prohibit the division from enforcing the drug limitation. Plaintiffs alleged that the statutory changes

violated the federal 1990 Medicaid Drug Rebate Act. The Civil Litigation Division represented the Division

of Medicaid and defended the statutory changes through extensive briefing and several court hearings.

After years of proceedings, the plaintiffs dismissed their lawsuit.

United States v. State of Mississippi (U.S. Dist. Ct., S.D. Miss.); Morgan v. Sproat (U.S. Dist. Ct., S.D.

Miss.); K.L.W. v. James (U.S. Dist. Ct., S.D. Miss.); J. A. v. Barbour (U.S. Dist. Ct., S.D. Miss.): The Civil

Litigation Division represented the Department of Human Services (MDHS) in suits filed by the United

States Department of Justice and private plaintiffs relating to the operation of the Columbia and Oakley

juvenile training schools. The suits relate to the conditions of confinement and allege, in part, that the

constitutional rights of juveniles were being violated because of staff abuse, inadequate medical and health

care, and the failure to provide required educational services. Under the direction of the governor and in

consultation with the Legislature, the State has entered into a comprehensive settlement with the United

States Department of Justice requiring the department to improve the conditions of the juvenile training

schools. The department ultimately achieved compliance with the terms of the settlement by improving

conditions and programs for juveniles. The matter has been dismissed.

Defending State Agencies and State Statutes

2017 Annual Report


Defending State Agencies and State Statutes (Cont)

Olivia Y. , et al. v. Barbour, et al. (U.S. Dist. Ct., S.D. Miss.): The New York based Children’s Rights, Inc.

has filed suit alleging that the foster care system administered by the Department of Human Services

violates federal law and the constitutional rights of children by failing to provide adequate protective

services and other related foster care benefits. The Civil Litigation Division moved to dismiss the

complaint and argued that the allegations raised by Children’s Rights were not proper legal issues under

federal law. The federal court agreed in large part and dismissed seven out of the eight claims. The

dismissal significantly reduced the size of the plaintiff class from 15,000 to 20,000 children to the

approximately 3,000 children in foster care. Because of the number of documents involved in this very

large class action, the Civil Litigation Division has enlisted the assistance of outside counsel. At the

direction of the governor, in consultation with the Legislature, and with the approval of the federal district

court, the State has entered into a settlement agreement requiring the Department of Human Services to

make other improvements to foster care.

Justice, et al. v. Delbert Hosemann, et al.,(U.S. Dist. Ct., N.D.Miss.): Several individuals filed suit

challenging the election laws which require persons or groups who spend in excess of $200 to influence

elections to register and disclose their contributions and expenditures. Plaintiffs argued that the

requirements infringed upon their right of free speech because the registration and reporting

requirements were onerous. The federal district court sided with the plaintiffs and declared the law

unconstitutional. On appeal, the United States Court of Appeals for the Fifth Circuit reversed the district

court and found the law to be constitutional. Plaintiffs sought review by the United States Supreme

Court, but the Supreme Court declined to review the matter.

James Guillotte and Stacy Guillotte v. Mississippi Department of Human Services, Rick Bilbo, Lilly

Crawford, Lisa Sanders, and Cheryl Bounds (U.S. Dist. Ct., S.D. Miss.): In this lawsuit, the plaintiffs

alleged that MDHS and several of its employees violated their constitutional rights while

investigating allegations of child abuse or neglect. The Civil Division successfully defended the

agency and its employees, obtaining a final judgment in favor of the State.

Dennis O'Neal Lee v. Ron King, et al. (U.S. Dist.Ct., S.D.Miss): The plaintiff, an inmate in the

custody of the Mississippi Department of Corrections (MDOC), brought this suit alleging a violation

of the Eighth Amendment. Specifically, the plaintiff alleged that the prison officials—employed by the

MDOC—were deliberately indifferent to the unsanitary conditions in the inmate barbershop, and as a

result, he contracted a scalp disease. A jury trial was held, and after all the evidence was

presented, the jury found for the State.

Broderick McCoy v. Dr. Ronald Woodall, et al. (U.S.Dist.Ct. S.D.Miss): This alleged violation of a

constitutional right arose when the plaintiff, an inmate in the custody of the MDOC, brought suit

alleging that prison officials were deliberately indifferent to his need for protection and failed to

protect him from a vicious attack by other inmates in violation of the Eighth Amendment. A motion

for summary judgment was filed on behalf of the State. The federal district court granted the motion

and dismissed the case with prejudice.

Defending State Employees Sued for Alleged Violations of Federal Law

2017 Annual Report


John Parker v. Mike Hatten, et al. (U.S.Dist.Ct. S.D.Miss): This civil action arose when the plaintiff, an inmate

at the South Mississippi Correctional Institution (SMCI) in Leakesville, Mississippi, brought suit alleging that

prison officials failed to treat paranoid schizophrenia and bipolar disorder in violation of his constitutional

rights. A motion for summary judgment was filed on behalf of the State. The federal court granted the motion

and dismissed the plaintiff’s claim with prejudice.

Quinn v. Management and Training Corp., et al. (U.S. Dist. Ct., S.D. Miss.): The plaintiff, an MDOC inmate,

sued MDOC Chaplain Eugene Wiglesworth alleging violations to his First Amendment rights. Specifically, the

plaintiff alleged that Wigelsworth had refused to recognize Voodoo as the plaintiff’s religion and had denied

the plaintiff access to written and other religious materials. A motion for summary judgment was filed on

behalf of Wigelsworth. The federal district court granted the motion and dismissed the case with prejudice.

Singleton v. Christopher Epps, et al. (U.S.Dist.Ct. S.D.Miss): The plaintiff, an MDOC inmate, filed suit

challenging numerous conditions of his confinement at the South Mississippi Correctional Institution (“SMCI”).

The plaintiff sued nine state employees, including Governor Phil Bryant, and sought $10 million in damages.

Some of the plaintiff’s claims included not being provided adequate clothing upon his arrival at SMCI, not

having a mattress for a period of time, having a torn or uncovered mattress, receiving insufficient and/or

improper medical treatment for a fungus on his foot, and having his haircut in an unsanitary barbershop,

thereby acquiring a fungus on his scalp. The plaintiff also lodged general complaints regarding prison

violence, unsanitary conditions, overpopulation, poor ventilation, and poor medical treatment. A motion for

summary judgment was filed on behalf of all defendants. The federal court granted the motion and dismissed

the case with prejudice.

Smith v. Leflore County, MS, et al. (U.S.Dist.Ct. S.D.Miss): The plaintiff was a post-conviction inmate in the

custody of the MDOC and a resident of the Leflore County Restitution Center (“LCRC”). On April 15, 2013,

the plaintiff was a passenger in a bus driven by MDOC employee Derrick Ross when the bus was involved in

an accident in Grenada, Mississippi. The plaintiff alleged that as a result of the accident, he suffered two

herniated discs in his neck, for which he received treatment at the Greenwood Leflore Hospital in Greenwood,

Mississippi. The plaintiff claimed that after this treatment, he was denied and/or delayed further medical

treatment. A motion for summary judgment was filed on behalf of all defendants. The federal court granted

the motion and dismissed the case with prejudice.

Antonio Ross v. Thomas Byrd (U.S.Dist.Ct., S.D.Miss.): The plaintiff, an inmate In the custody of the MDOC,

alleged that Byrd, a correctional officer at the South Mississippi Correctional Institution, intentionally shot him

in the face with a rubber pellet round fired from a 12-gauge shotgun causing severe injuries to the plaintiff’s

face and jaw. Byrd testified that he did fire the less than lethal round which hit the plaintiff, but that he fired

into a crowd of rioting inmates in an effort to stop a full blown prison riot in which the plaintiff was participating.

The case was tried by jury before the federal district court. At the conclusion of the two day jury trial, the jury

rendered a verdict in favor of the State.

*As demonstrated above, the prisoner litigation team has been successful in defending a large number of claims

including, but not limited to, claims of excessive force, deliberate indifference to an inmate’s need for protection from

harm, deliberate indifference to an inmate’s serious medical needs, and deliberate indifference to unconstitutional prison

conditions.

*In addition to the above, the Civil Litigation Division is monitoring or participating in dozens of other state or federal

cases in which the constitutionality of a state statute is being challenged. Also, the division is actively involved in many

other cases challenging the constitutionality of actions by various state agencies, including the Medical Licensure Board,

the Board of Bar Admissions, the Department of Public Safety, and the Department of Health.

Defending State Employees Sued for Alleged Violations of Federal Law (cont)

2017 Annual Report


I n the weeks preceding an election, numerous suits are filed in which plaintiffs asked a court to

issue immediate orders enjoining all or part of an election. The plaintiffs generally assert

arguments, including alleged violations of the federal Voting Rights Act and the state and federal

constitutions. The Civil Litigation Division has successfully defended the actions, and the elections

proceeded as planned:

The Civil Litigation Division has also been called upon to obtain a writ of mandamus requiring the

Noxubee County Board of Election Commissioners to canvas its election returns and report the

results after the board refused to certify the county’s election. Jim Hood, et al. v. Sylvester Tate, et

al. (Noxubee County Circuit Court). Prior to the general election in Wilkinson County, the division

was called upon to obtain a writ of mandamus against Wilkinson County election officials who had

announced their intention not to conduct the election. Jim Hood, et al. v. Chantel Morris (Wilkinson

County Circuit Court).

Ensuring the Orderly Administration of Elections

Jim Arnold v. State Election Commission (Hinds County Chancery Court)

Shawn O’Hara, et al. v. Secretary of State (U.S. Dist. Ct., S.D. Miss.)

Henry Boyd Jr., et al. v. Haley Barbour, et al. (U.S. Dist. Ct., S.D. Miss.)

Floydist James Martin v. Haley Barbour, et al. (Consolidated with)

Henry Kirksey et al. v. Haley Barbour, et al. (U.S. Dist. Ct., S.D. Miss.)

George Dunbar Prewitt, Jr. v. State Board of Election Commissioners (Washington

County Circuit Court)

George Dunbar Prewitt, Jr. v. Eric Clark, Secretary of State, et al. (Washington

County Circuit Court)

George Dunbar Prewitt, Jr. v. State Board of Election Commissioners (U.S. Dist.

Ct., S.D. Miss.)

Leola Strickland, et al. v. Eric Clark, et al. (Hinds County Chancery Court)

Jim Giles v. State Board of Election Commissioners (U.S. Dist. Ct., S.D. Miss.)

2017 Annual Report


Employment Related Litigation and Defense of State Officials

T he Civil Litigation Division devotes a significant amount of time and resources each year to

defending state agencies and officials against discrimination actions, excessive force suits, and

other litigation in which plaintiffs seek monetary damages. The Civil Litigation Division successfully

defended the following cases:

Ernest Ward v. Mississippi Department of Corrections (U.S. Dist. Ct. S.D. Miss.)

James Brock v. Mississippi Department of Education (U.S. Dist. Ct. N.D. Miss.)

Nora Houston v. Mississippi Department of Human Services (U.S. Dist. Ct. S.D. Miss.)

Jacqueline Mitchell v. Mississippi Department of Human Services (U.S. Dist. Ct. S.D. Miss.)

Kimberly Beaty v. North Mississippi Regional Center and Frank Dodds (U.S. Dist. Ct. N.D. Miss.)

Lynette Banks v. Mississippi Department of Education (U.S. Dist. Ct. S.D. Miss.)

Sharon Paige v. Mississippi Department of Corrections (U.S. Dist. Ct. S.D. Miss.)

Protection of Charitable Assets

P ursuant to the attorney general’s duty to protect charitable assets, each year the Civil Litigation

Division reviews transactions in which non-profit or charitable hospitals sell all or part of their

assets to for-profit health care providers. In addition, the division filed suit in DeSoto County

Chancery Court to protect multi-million dollar Maddox Foundation, located in Mississippi, from being

forced by Tennessee entities to move to Nashville. The court enjoined the foundation from

transferring its assets out of the state. Because of the litigation initiated by this office, the Maddox

Foundation and the state of Tennessee were able to reach a settlement ensuring the continued

existence of the foundation in Mississippi. Jim Hood v. Maddox Foundation, et al. (DeSoto County

Chancery Court).

2017 Annual Report


AUDIT SECTION

Former Mayor of Southaven, Greg Davis: A written formal demand in the amount of $170,782.28

was issued. A second formal demand was issued for an additional $11,033.38. After receiving only

partial payment, legal action was filed. The Hinds County Chancery Court ruled in favor of the State

Auditor’s Office and ordered Davis to repay $73,915.27. Davis appealed the verdict, and the

Mississippi Court of Appeals affirmed. The Mississippi Supreme Court recently denied Davis’

petition for writ of certiorari.

Former Jackson Police Dept. Information Officer, Robert Graham: A formal written demand in

the amount of $43,837.51 was issued. A negotiated settlement of the loss of leave days, which

contributed to Graham’s retirement with a value of $21,920.12, and payment in the amount of

$1,898.54 was received and returned to the appropriate deserving entity.

Former Employee of the Department of Health, David B. Kweller: A formal written demand in

the amount of $42,089.65 was issued. Payment in the full amount of $42,089.65 was received and

returned to the appropriate deserving entity.

Former Assistant Chief Deputy of Records, Christine Murphy: Murphy was ordered to pay

restitution in the amount of $7,427.71 by making monthly payments in the amount of $150. Monthly

payments are ongoing.

Former Secretary, Denise Gleeton: A formal written demand in the amount of $7,735.47 was

issued. The balance has been paid in full and returned to the appropriate deserving entity.

Mayor of Hickory, Tommy Nichols: A written formal demand was issued. Payment from his bond

in the full amount of $22,286.69 was received and returned to the appropriate deserving entity.

Former City Clerk of Sardis, Odessa Johnson: A negotiated settlement with her bond company

in the amount of $31,081.24 was received and returned to the appropriate deserving entity.

Former Director of Transportation of North Pike School District, Jimmy Coker: Coker was

ordered to pay restitution in the amount of $33,739.11. Payment in the full amount of $33,739.11

has been received and returned to the appropriate deserving entity.

Former Coroner, Mark Golding: A written formal demand in the amount of $398,418.83 was

issued. Golding was ordered to pay restitution in the amount of $363,484.93 to the Union County

General Fund and restitution of $34,933.90 to the Office of the State Auditor. Additionally, Golding

forfeited all of his interest in his state retirement.

I n FY2017, the Office of the State Auditor has recovered millions of misspent taxpayers’

dollars with the help of the Civil Litigation Division of the Attorney General’s

Office. Among the cases which the Audit Section of the Civil Litigation Division assisted

are the following:

2017 Annual Report


CONSUMER PROTECTION DIVISION

C reated by statute in 1974, the Consumer Protection Division is charged with administering the

Consumer Protection Act. The Act, codified at §§ 75-24-1 et seq., provides enforcement tools

for the division to address unfair or deceptive trade practices as well as unfair methods of

competition. The division handles a wide range of complaints from consumers throughout the state

of Mississippi. These complaints involve various forms of consumer misrepresentations or fraud,

including lottery and sweepstakes scams, misrepresentations related to new and used car sales,

deceptive advertising, unfair business practices, and more. The division fields thousands of calls

and emails each year. The division oversees the investigation and prosecution of identity theft,

home repair fraud, intellectual property crimes, and other criminal statutes. The division promotes

consumer awareness through participation in civic group functions, student lectures, law

enforcement seminars, and other presentations throughout the state, as well as publishing and

distributing public education brochures. Mediation of business complaints and investigation of

deceptive business practices constitutes a large part of the division’s activities. To carry out its

mission, the division is also authorized to exercise various types of civil enforcement activities,

including administrative subpoenas, assurances of voluntary compliance, injunctions, and collection

of civil penalties.

2017 Consumer Protection Division Accomplishments

Responded to 48,142 phone calls for assistance placed to the division

Collected $2,098,567.54 in restitution

Recovered $2,996,006.26 in costs and fees

Average restitution per investigator: $419,713.51

Opened 1,250 cases

Opened 70 identity theft cases

Made six intellectual property crimes arrests

Made 15 identity theft arrests

Made 10 additional arrests (i.e. mail fraud, wire fraud, false pretense)

2017 Annual Report


CONSUMER EDUCATION EFFORTS

T he Consumer Protection Division presented numerous speeches, presentations, and exhibits across

Mississippi to educate consumers regarding scams, identity theft, intellectual property crimes,

disaster-related crimes, home repair fraud, and mortgage/foreclosure issues. Some of the events

included: Shred-It Campaign, Pilot Club of Louisville, Jackson Convention Complex Senior Citizens

Day, and Lake Terrace Convention Center Health Facilitators Day. Other presentations were provided at

St. Catherine’s Village in Madison, Simpson County Academy in Mendenhall, Southwest MS Regional

Medical Center in McComb, Beau Rivage Casino in Biloxi, Tishomingo County Community Center Senior

Citizens Day, and First Presbyterian Church in West Point, as well as many other locations.

Highlights of Consumer Education Efforts

Community Shred Days - Shred It and Forget

The Consumer Protection Division and partner organizations hosted the 11th annual Community

Shred Days March 10th in Jackson and Hattiesburg and March 11

th in D’Iberville. The annual event

coincided with the National Consumer Protection Week.

Shred days are intended to raise community awareness to the

risks of identity theft and provide Mississippians free access to

document shredding. Shredding was provided by Iron Mountain

and Premiere shredding companies. The event is a consumer

service and is provided on a first-come, first-serve basis.

Businesses are not eligible. Since beginning this service

partnership, we have helped Mississippi consumers shred more than 546,000 pounds of paper

containing personal information.

Additional partners included: AARP, BancorpSouth,

Better Business Bureau, Brightview Federal Credit

Union, Center for Justice, Central Mississippi Planning

and Development District, Eagle Express Federal Credit

Union, The Home Depot, Iron Mountain, Jackson Area

Federal Credit Union, The Leadership Council on Aging,

Members Exchange Credit Union, Mississippi Credit

Union Association, Mississippi Department of Human

Services Division of Aging and Adult Services,

Mississippi Federal Credit Union, Mississippi Public

Service Commission, Mississippi State University

Extension Service, Money Management International,

Premiere Shredding, Inc., Secretary of State’s Office,

Statewide Federal Credit Union, Sunbelt Federal Credit Union, TAGMA, Trustmark Bank, Wal-Mart,

and other Mississippi Consumer Partnership members.

Sensitive Information

546,000 pounds of paper

shredded containing

personal information

2017 Annual Report


CONSUMER PROTECTION DIVISION OFFERS NEW CONSUMER

GUIDES TO MISSISSIPPIANS (Available online at: agjimhood.com)

Consumer Guide for Insurance and Auto Body Repair Released by Auto Repair Task Force

On May 25, 2016, Attorney General Jim Hood released the Consumer’s Guide to Insurance and Auto Body Repair. The Mississippi Attorney General’s Office convened the Mississippi Auto Repair Task Force in August 2016 to provide consumers guidance on navigating the relationship between the collision repair and insurance industries. The Consumer’s Guide to Insurance and Auto Body Repair addresses what consumers should expect from their insurance companies and auto body repair

shops, how to choose a shop, and the different types of repair costs and warranties.

The Mississippi Auto Repair Task Force includes the Mississippi Insurance Department, auto body repair shops, insurers, auto manufacturers, aftermarket parts manufacturers, and other industry representatives. That group met to find common ground on best practices for the future and discuss concerns and desires to better meet the needs of consumers.

Consumer Guide to Solar Power in Mississippi

On May 3, 2016, Attorney General Jim Hood released the Consumer’s Guide to Solar Power in Mississippi.

In December 2015, the Mississippi Public Service Commission (PSC) issued a groundbreaking rule allowing net metering in the state. Net metering is the process by which individual utility customers who use solar panels or other renewable energy generators can sell their excess power back to the power companies. The electricity produced by the customers using renewable energy generators can be placed on the electric grid to offset their power bill.

The Attorney General’s Office is a member of the Mississippi Net Metering Working Group (Working Group), which was created under the new Order Adopting Net Metering Rule issued by the PSC. The working group is tasked with considering and addressing consumer protection and safety standards. The Consumer Protection Division of the Attorney General’s Office developed the guide with input from the working group and multiple stakeholders. The guide is a product of an ongoing multi-sector effort to protect consumers in this new arena, and the office appreciates all of the feedback received.

Adding solar panels to meet a home or business’ energy requirements may help reduce electric bills, contribute to saving the environment, and increase the value of the property. However, adding a solar power system to a property is a big decision, and consumers should understand the basics of solar energy, financing options, and which questions to ask the experts. It is also important to know what to ask when hiring an installer. The guide is a valuable resource for consumers to use as they navigate these issues.

“Due to the lighter space age materials used in newer model cars, the repair procedures, machines and training for collision repair

technicians are very technical and expensive. In order to place a vehicle back in its pre-accident

condition, some body shops have to buy expensive machines or tools and have their

technicians trained and certified on the repair procedures for certain makes of vehicles. Some collision repair shops, which do not obtain these certifications and tools, may offer to do a repair

cheaper. The goal of the insurance companies is to keep repair prices as low as possible. Therein lies the conflict for consumers to navigate. Our

goal is to help consumers be aware of issues and understand their rights in the repair process.”

—Attorney General Jim Hood

2017 Annual Report


SIGNIFICANT MULTI-STATE INVESTIGATIONS

Volkswagen AG, et al.

On January 23, 2017, Mississippi settled its multistate investigation into the deceptive practices of Volkswagen (VW) regarding certain makes and models of its diesel passenger cars sold in the U.S. since 2008. Specifically, VW installed software in certain vehicles that was designed to cheat emissions tests. Documents collected as part of the investigation revealed that approximately 559,278 affected vehicles were sold in the U.S. Of said amount, approximately 1,844 (0.33%) were sold in Mississippi.

This settlement included a monetary payment to the state of Mississippi in the amount of $2.5 million. In addition to the monetary payment, the settlement included a restitution program that included options to buy back, terminate leases, or provide approved emissions modifications for affected vehicles, as well as cash payments to owners/lessees.

USA Discounters, Ltd. (dba USA Living and Fletcher’s Jewelers)

On September 2, 2016, Mississippi joined a multistate settlement that was reached with USA Discounters Ltd., dba USA Living and Fletcher’s Jewelers, USA Discounters Holding Company Inc., and USA Discounters Credit LLC (collectively “USA Discounters”). Under the settlement, substantial monetary and injunctive relief was provided to consumers who were victims of the company. The agreement also set an important precedent for future enforcement actions involving service members. It was estimated that approximately 72 service members and other consumers in Mississippi were eligible for relief under this settlement.

The investigation focused on USA Discounters’ advertising, loan origination, and collection practices that targeted service members and their families. The company sold grossly overpriced household goods at unconscionably high interest rates, often using the military allotment system to guarantee payment. In collecting, USA Discounters engaged in abusive tactics, constantly contacted service members’ chain-of-command, and caused some service members to lose security clearances and face other backlash.

Although the agreement did not provide for any monetary payments to the states (due to the company filing a bankruptcy suit), the agreement did provide for restitution to service members and their families valued at $85.26 million nationwide, as well as comprehensive injunctive provisions that prohibit abusive collection practices and ensure that such protections pass through to any subsequent purchaser of the existing accounts receivable of the company. Approximately 320 Mississippians were eligible for restitution payments under this settlement that totaled $887,110.81.

Mississippi Joins Settlement with Target Corporation over 2013 Data Breach

The states’ investigation, led by Connecticut and Illinois, found that on or about November 12, 2013, cyber attackers accessed Target’s gateway server through credentials stolen from a third-party vendor. The credentials were then used to exploit weaknesses in Target’s system, which allowed the attackers to access a customer service database, install malware on the system, and capture data, including consumer data comprised of full names, telephone numbers, email and mailing addresses, payment card numbers, expiration dates and CVV1 codes, as well as encrypted debit PINs.

The breach affected more than 41 million customer payment card accounts and contact information for more than 60 million customers. Under an Assurance of Voluntary Compliance, Target agreed to extensive injunctive relief to prevent similar breaches and to make an $18.5 million payment to the states. Mississippi’s portion was $227,714.21. Use of the payment may include attorneys' fees and other costs of the investigation or be placed in or applied to the consumer protection law enforcement fund, including future consumer protection or privacy enforcement, consumer education, litigation or local consumer aid fund or revolving fund, or for other uses permitted by state law at the sole discretion of the attorneys general.

2017 Annual Report


SIGNIFICANT MULTI-STATE INVESTIGATIONS (Cont)

Tennille v. Western Union

Mississippi participated in a multistate comprehensive settlement with Western Union to resolve the states’ investigation of possible violations of state Unfair, Deceptive, Abusive Practices (UDAP) laws by Western Union. Western Union will implement a comprehensive anti-fraud program in response to widespread claims of consumer fraud by third parties who use the service in their criminal schemes. In addition, Mississippi received a monetary payment in the amount of $53,180.

As part of a settlement with Mississippi and other states, Western Union agreed to develop and put into action a plan intended to detect and prevent incidents in which consumers become victims of fraud when they use Western Union to wire money to scammers.

The components of the anti-fraud program to be implemented by Western Union include:

Anti-fraud warnings on send forms that consumers use to wire money Mandatory and appropriate training and education for Western Union’s agent about fraud-

induced wire transfers Heightened anti-fraud procedures when warranted by circumstances such as increased fraud

complaints Due diligence checks on Western Union agents who process money transfers Monitoring of Western Union agent activity related to prevention of fraud-induced money

transfers Prompt and appropriate disciplinary action against Western Union agents who fail to follow

required protocols concerning anti-fraud measures

In addition to this settlement with the states, Western Union also settled claims related to fraud-induced transfers with the Federal Trade Commission and U.S. Department of Justice. As part of that settlement, Western Union agreed to pay $586 million to a fund that the U.S. Department of Justice will administer to provide refunds to victims of fraud-induced wire transfers nationwide, including Mississippi victims.

Adobe Systems

Following a 2013 data breach of servers containing the information of more than half a million customers, the

software company Adobe Systems agreed to take additional steps to protect consumer data. The company

had already instituted free credit monitoring for the affected consumers. As part of a settlement with

Mississippi and 14 other states, Adobe paid $1 million to the states and agreed to injunctive terms including a

semiannual review of security, employee training, and segregation of data, which Adobe voluntarily

implemented following the breach. The Attorney General’s Office received $38,604.42 as reimbursement for

investigative costs and to fund future consumer protection efforts.

Ashley Madison Owner Over Data

The Ashley Madison website agreed to strengthen data security and cease deceptive practices following a

July 2015 data breach in which sensitive user information was hacked and posted online. Ruby Corp., the

entity which owns AshleyMadison.com, also made a payment of $1.657 million to the federal government

and 13 states involved in an investigation of the company’s practices. Mississippi received $52,489.05. The

use or nature of the funds was not categorized or limited in the language of the agreement.

2017 Annual Report


SIGNIFICANT CASES FOR HOME REPAIR FRAUD

Rodric L. Ward was sentenced in Hinds County on July 5, 2016, to two years suspended, three

years post-release supervision, $3,931.73 in restitution to the victim; and a $1,000 fine to the

Attorney General’s Crime Victim Compensation Fund.

Ben Gonzales pleaded guilty to felony worthless checks in Harrison County Circuit Court on

August 8, 2016, and signed an agreed order to pass the embezzlement and home repair fraud

charges to the file. The defendant was required to pay the victim full restitution in the amount of

$7,000.00 for the home repair fraud and embezzlement.

SIGNIFICANT CASES FOR INTELLECTUAL PROPERTY CRIMES

Susan Murshid pleaded guilty to felony sale of a controlled substance and sale of counterfeit

goods. She was sentenced to serve five years, with four suspended, and one year in the custody

of the MDOC. She was also ordered to pay fines and court costs.

Gloria Jean Earl aka Gloria Valley pleaded guilty to misdemeanor possession with the intent to

sell goods bearing counterfeit stamps or labels. She was sentenced to 30 days in jail and ordered

to pay a fine of $1,000.00 and all court costs.

Yassir Alafata pleaded guilty to sale of counterfeit goods in Hinds County and received five years

probation and a non-adjunction if he meets all aspects of his sentence. Alafata also turned over all

counterfeit goods and funds seized during the search warrant and arrest.

Michael Jones (MJ Express) pleaded guilty in Chickasaw County to the felony sale of counterfeit

goods this year and received non-adjudication, court costs, and a fine.

Robert Glover pleaded guilty in Attala County to a felony bill of information and turned over all

goods to the Attorney General’s Office to be destroyed. Glover received five years probation with

non-adjudication.

SIGNIFICANT CASES FOR IDENTITY THEFT CRIMES

Xiomara Barralaga Cruz: This case was worked with U.S. Homeland Security Gulfport and the

Mississippi Attorney General’s Office The charge was federal passport fraud and state felony

fraudulent use of identity to obtain goods. Cruz pleaded guilty on the federal charge of passport

fraud and served two years in federal prison in Alabama. On May 1, 2017, Cruz pleaded guilty on

the state charge of fraudulent use of identity to obtain a MS notary commission and was

sentenced to time served with two years in jail with two years suspended. Cruz was an

unauthorized immigrant; thus, deportation procedures were instituted, and she was deported.

Tara Roberts pleaded guilty to identity theft and was sentenced to three years in the custody of

MDOC with three years non-adjudicated probation. She was ordered to pay a $1,000 fine to the

Attorney General’s Investigative Fund.

2017 Annual Report


SIGNIFICANT CASES FOR IDENTITY THEFT CRIMES (Cont)

Elvir Molina-Ramirez was arrested in Hinds County on one count of fraudulent use of social security number. Molina-Ramirez was found guilty on one count of fraudulent use of identification and was sentenced to two years suspended and was released into the custody of Immigration Customs Enforcement (ICE).

Esteban Nava-Giron was arrested and indicted on fraudulent use of identity in Madison County. He pleaded guilty to one count of fraudulent use of identification and was sentenced to five years suspended and three years probation.

Josue Blanco was arrested and indicted on fraudulent use of identity in Scott County. He pleaded guilty to one count of fraudulent use of identification and was sentenced to five years suspended and three years probation.

Juan Landaverde was arrested and indicted on fraudulent use of identity in Madison County. He pleaded guilty to one count of fraudulent use of identification and was sentenced to five years suspended and three years probation.

Jacinto Rebolledo-Rebolledo was arrested and indicted on fraudulent use of identity in Madison County. He pleaded guilty to one count of fraudulent use of identification and was sentenced to five years suspended and three years probation.

OTHER SIGNIFICANT CASES

Andrea Allseitz pleaded guilty to two counts of fraud and was ordered to repay $13,500 in restitution to the victim.

Janet Posey pleaded guilty to false pretense and was sentenced to seven years to serve at the MDOC.

Mattie Spears pleaded guilty to one count of mail and wire fraud and was sentenced to two years probation.

Dennis Pickett pleaded guilty to depraved heart murder and was sentenced to 20 years to serve day-for-day.

Delvin Young pleaded guilty to one count of credit card fraud in Neshoba County and was sentenced to three years in prison.

Lynne Hackney pleaded guilty in Lamar County to obtaining a valuable thing with intent to defraud. She was sentenced to five years non-adjudication and ordered to pay a fine of $1,000 plus all court costs.

FEDERAL AGENCY PARTNERSHIPS

Consumer Protection Division Investigators also partner with federal agencies, such as Homeland

Security Investigations and the Food and Drug Administration. These partnerships focus on

disrupting criminal activity associated with intellectual property, identity theft, human trafficking and

smuggling, money laundering, bulk cash smuggling, weapons trafficking and smuggling, financial

investigations, technical operations (T-III)/trap and trace assistance, international investigations,

cyber and many other crimes, as well as, regulating products to ensure the safety of foods, drugs,

biological products, medical devices, cosmetics, and radiation-emitting devices.

2017 Annual Report


2017 Criminal Litigation Accomplishments:

Appellate Section

Filed 332 briefs and 38 miscellaneous responses

Had 13 oral arguments

Processed 69 extraditions

Won 93 percent of cases


Filed 72 briefs and responses

Had 18 oral arguments and/or hearings

Won 73 percent of cases

CRIMINAL LITIGATION

Appellate Section

T he Criminal Division is comprised of some of the most experienced attorneys in state government. They rely heavily on judicial precedent and have a keen interest in the history and

future development of the law. All briefs filed by Criminal Litigation attorneys are carefully researched and precisely argued to ensure that lawful convictions and sentences are upheld by the courts.

Criminal Litigation has three areas: Appellate Section, Death Penalty Section, and Federal Habeas Corpus Division. Attorneys in all three sections provide advice and research resources to fellow prosecutors, law enforcement officers, and other public officials, as well as answer general information questions from the public on criminal matters. These attorneys also provide instruction at the Mississippi Law Enforcement Training Academy and at various seminars and conferences for public officials throughout the state of Mississippi.

A ppellate Section attorneys represent the state in all non-death penalty criminal appeals and other

criminal proceedings in the Mississippi Supreme Court, the Mississippi Court of Appeals, and the

Supreme Court of the United States. This section is also responsible for reviewing all extraditions in

which Mississippi is either the asylum or the demanding state. During FY 2017, among other various

matters, attorneys in the Appellate Section filed 332 briefs and 38 miscellaneous responses in the

Mississippi Supreme Court and the Mississippi Court of Appeals, winning 93 percent of the criminal

cases disposed of by the Supreme Court and Court of Appeals.

2017 Annual Report


T he attorneys in the Federal Habeas Corpus Division represent the state of Mississippi in non-

death penalty habeas corpus proceedings in all federal courts. During FY 2017, attorneys in this

section filed 157 answers, motions, and responses in the U.S. District Courts for the Southern and

Northern Districts of Mississippi, as well as one brief in the U.S. Court of Appeals for the Fifth Circuit.

This division also represented the State in six evidentiary hearings in the district court, and

participated in numerous telephonic conferences regarding their pending cases in the courts.


T he attorneys in the Death Penalty Section of the Criminal Division represent the State of

Mississippi in all courts in defending judgments entered in cases in which the death penalty has

been imposed. The attorneys in this section are also called upon to handle post-conviction

evidentiary hearings in state circuit courts in death penalty cases.

Federal Habeas Corpus Division

2017 Federal Habeas Corpus Division:

Filed 160 briefs, responses, and motions in the federal courts

Represented the state in six evidentiary hearings in the federal district court

Won 100 percent of cases either in district court or on appeal

2017 Annual Report


Federal Habeas Corpus Division (Con’t)

Attorneys in the Federal Habeas Division handle challenges to all non-death penalty

convictions and pleas in the state. All briefs and responses filed by the federal habeas

attorneys are carefully researched and precisely argued to ensure that lawful convictions

and sentences are upheld by the federal courts. In addition, the attorneys in this division

also investigate, research, and respond to federal habeas petition challenging pretrial

detention, detainers, loss of earned time, or computation of sentence.

Like the attorneys in the Criminal Division, this division also provides advice and research

resources to fellow prosecutors, law enforcement officers, and other public officials. These

attorneys also provide instruction at the Mississippi Law Enforcement Training Academy and

at various seminars and conferences throughout the state.

2017 FEDERAL HABEAS DIVISION

RESPONSES TO NEW PETITIONS

Answers 23

Motions to Dismiss 69

RESPONSES AND MOTIONS FILED

Oppositions to Motions 18

Misc. Motions and Responses 44

5th Circuit Motions/Responses 1

BRIEFS FILED

5TH Circuit 1

ARGUMENTS AND EVIDENTIARY HEARINGS

Evidentiary Hearings 3

COURT RULINGS

Habeas Won 78

Habeas Lost 0 (all losses overturned on appeal)

2017 Annual Report


CYBERCRIME DIVISION

2017 CyberCrime Division Accomplishments

Opened 294 new cases

24 convictions

T he Mississippi Attorney General's Cybercrime Division is a multi-jurisdictional, multi-disciplinary agency covering 82 counties. The division is dedicated to its mission of 1) proactive and reactive

investigations, 2) the forensic analyses of electronic evidence, 3) the prosecutions of technological crimes against children, and 4) the education of law enforcement and the public. The Internet Crimes Against Children section (ICAC) of the division implements strategies for the detection of internet crimes against children by engaging in online undercover operations, conducting online peer precision searches of ongoing criminal activity, and expanding technical assistance to law enforcement and prosecutors. ICAC staff members teach and mentor law enforcement students in its training facility that connects 16 laptops to the internet at a time.

The forensics lab under Internet Crimes Against Children (ICAC) standards performed 457 examinations for a total of 79 terabytes of data. Forensic examinations included the following media: 56 computers, 128 cellular devices, 153 optical disks, and 120 other external media or digital devices. 374 on-scene previews of digital evidence were also conducted.

Since the ICAC unit was established with a 2007 Department of Justice award, the unit now has 69 local, state, and federal law enforcement affiliate agencies and multi-disciplinary partners, which include the Office of District Attorney Ninth Circuit Court District, Office of District Attorney Nineteenth Circuit Court District, Office of District Attorney Eleventh Circuit Court District, Air Force Office of Investigations (AFOSI), Detachment 407, Adams County Sheriff's Office, Alcorn County Sheriff's Office, Bay St. Louis Police Department, Biloxi Police Department, Brandon Police Department, Brooksville Police Department, Cleveland Police Department, Coahoma County Sheriff's Department, Columbus Police Department, Copiah County Sheriff's Office, Corinth Police Department, D'Iberville Police Department, DeSoto County Sheriff's Office, Florence Police Department, Flowood Police Department, Forrest County Sheriff's Department, Fulton Police Department, George County Sheriff's Office, George County School District Police Department, Greenwood Police Department, Guntown Police Department, Hancock County Sheriff's Office, Harrison County Sheriff's Office, Hernando Police Department, Hinds County Sheriff's Office, Horn Lake Police Department, Itawamba County Sheriff's Office, Iuka Police Department, Jackson County Sheriff's Office, Lauderdale County Sheriff's Office, Laurel Police Department, Lee County Sheriff's Office, Long Beach Police Department, Lowndes County Sheriff's Office, Madison Police Department, Meridian Police Department, Mississippi Analysis and Information Center, Mississippi Bureau of Investigation, Monroe County Sheriff's Office, Moss Point Police Department, Newton Police Department, Ocean Springs Police Department, Oktibbeha County Sheriff's Office, Olive Branch Police Department, Petal Police Department, Picayune Police Department, Prentiss County Sheriff's Office, Rankin County Sheriff's Office, Richland Police Department, Ridgeland Police Department, Ripley Police Department, Southaven Police Department, Stone County Sheriff's Office, Tate County Sheriff's Office, Tippah County Sheriff's Office, Tupelo Police Department, Walls Police Department, Warren County Sheriff's Office, Wavelend Police Department, West Point Police Department, Wiggins Police Department, Union County Sheriff's Office, U.S. Department of Justice Northern, and Southern Districts of Mississippi, and US Postal Inspector.

2017 Annual Report


CyberCrime Division (Con’t)

Cases in which a live child is at the home or there is evidence of physical abuse of a child take

priority in the forensics lab. Unfortunately, analysts are finding that offenders who share files in open

networks are more sophisticated than offenders who chatted and sent webcam pictures. File

sharing offenders store their collections of child pornography on thumb drives, in hard drives with

terabyte storage capacity, or wipe their drives. The larger amount of media to be examined on a

case increases the amount of time needed to analyze the data for prosecution.

Education Efforts

With the increase in criminal activity on the internet, the Office of the Attorney General has made it a

priority to educate Mississippians about the dangers of cybercrime. The safety of children on the

internet is seen as a matter of critical importance, and Attorney General Jim Hood has devoted the

resources of his office to ensure Mississippi's children will be safe from internet predators.

Educational seminars, speeches, and professional trainings are offered across the state by

professionals in the Cybercrime Division of the office.

In addition, the Cybercrime Division houses the ICAC Task Force whose mission is to investigate and

prosecute those who prey upon Mississippi's children using computer and internet technology. In an

effort to reach adults and children with critical messages about internet safety, members of the ICAC

unit travel the state making presentations to civic, school, and church groups, as well as training

professionals on the dangers inherent in technology.

In fiscal year 2017, members of the ICAC Unit and Cybercrime Division trained 806 law enforcement,

135 prosecutors, and 107 other professionals on legal issues, computer forensics, and investigative

techniques related to electronic media. Members of the ICAC Unit made 113 presentations across the

state educating people on the critical issue of online child exploitation. internet safety presentations

were given to 10,417 people, including students, adults, members of law enforcement, and other

professionals. Topics covered in the various trainings included Internet safety (for children, tweens,

teens, and adults), cybercrime, cyberbullying, sexting, computer forensics, online grooming, child and

adolescent vulnerabilities to online crime, illegal downloads, and human trafficking. Additionally, the

unit participated in 50 public awareness events with 535 attendees.

113 presentations

10,417 attendees consisting of students, administrators,

parents, civic organizations, and churches

Participated in 50 statewide public awareness events

2017 Annual Report


CyberCrime Division 2017 Convictions

Edwin Jay Bradford, 43, pleaded guilty in Scott County Circuit Court to one count of child exploitation. Judge Christopher A. Collins sentenced Bradford to 40 years in prison with 30 of those years suspended, leaving 10 years to serve. Bradford was ordered to pay $1,000 to the Mississippi Children’s Trust Fund and $1,000 to the Mississippi Crime Victim Compensation Fund.

Leroy Bowman, 26, of Belzoni, pleaded guilty to one count of child exploitation before Humphreys County Circuit Court Judge Jannie M. Lewis. Bowman was sentenced to 40 years in prison with 30 of those years suspended, leaving 10 years to serve, followed by five years of post-release supervision. Additionally, Bowman was ordered to pay $1,000 to the Mississippi Children’s Trust Fund and $1,000 to the Mississippi Crime Victim Compensation Fund.

Jeffrey A. Davis, 61, pleaded guilty to one count of child exploitation before Pearl River County Circuit Court Judge Anthony A. Mozingo. Davis was sentenced to 40 years in prison with 35 of those years suspended, leaving five years to serve, followed by five years of post-release supervision. Davis was ordered to pay $1,000 to the Mississippi Children’s Trust Fund, $1,000 to the Mississippi Crime Victim Compensation Fund, and must register as a sex offender.

Jonathan Thomas Davis, 18, waived his indictment and pleaded guilty to a bill of information to one count of child exploitation before Forrest County Circuit Court Judge Bob Helfrich. Davis was sentenced to 40 years in prison with 35 of those years suspended, leaving five years to serve, followed by five years of post-release supervision. Davis was ordered to pay $1,000 to the Mississippi Children’s Trust Fund, $1,000 to the Mississippi Crime Victim Compensation Fund, and must register as a sex offender.

Ronald Donovan, 55, pleaded guilty to one count of possession of child pornography. Pearl River County Circuit Court Judge Claiborne McDonald sentenced Donovan to serve 40 years in prison with 30 of those years suspended, leaving 10 years to serve behind bars, followed by 30 years of supervised probation. Donovan was ordered to pay $1,000 to the Mississippi Children’s Trust Fund, $1,000 to the Mississippi Crime Victim Compensation Fund, and all court costs. Additionally, he must register as a sex offender.

Joseph Freeman, 55, of Wesson, pleaded guilty to one count of child exploitation before Lincoln County Circuit Court Judge David Strong. Freeman was sentenced to 40 years in prison with 30 of those years suspended, leaving 10 years to serve, followed by five years of post-release supervision. Freeman must serve his sentence day-for-day without the possibility of parole. Freeman was ordered to pay $1,000 to the Mississippi Children’s Trust Fund, $1,000 to the Mississippi Crime Victim Compensation Fund, an additional $5,000 in fines, and must register as a sex offender.

Timothy Flanagan, 40, pleaded guilty in Madison County Circuit Court to one count of child exploitation. Judge John Emfinger sentenced Flanagan to 40 years in prison with 20 to serve. Flanagan was ordered to pay $1,000 to the Mississippi Children’s Trust Fund and another $1,000 to the Mississippi Crime Victim Compensation Fund.

Russell Haley, 67, pleaded guilty in an open plea in Warren County Circuit Court to one count of child exploitation. Judge James Chaney sentenced Haley to 40 years in prison with 10 to serve and 30 suspended. He was ordered to pay a $50,000 fine, $1,000 to the Mississippi Children’s Trust Fund, and $1,000 to the Mississippi Crime Victim Compensation Fund. Haley must also register as a sex offender upon his release from prison and is banned from the premises of any casino, which is where he was located when downloading the child pornography.

2017 Annual Report


CyberCrime Division 2017 Convictions (Con’t)

Brian Michael Kemp, 46, of Booneville, pleaded guilty to one count of child exploitation and one count of tampering with physical evidence in an open plea before the Prentiss County Circuit Court. Judge Jim Pounds sentenced Kemp to serve a term of 25 years in the custody of MDOC, with 18 years suspended and seven years to serve, followed by five years post-release supervision. Kemp, who must register as a sex offender, was also ordered to pay all court costs and $4,000 in fines. Those fines include payments to the Attorney General’s Office for investigative costs, the Mississippi Children’s Trust Fund, and the Mississippi Crime Victim Compensation Fund.

Danny Earl Lester Jr., 36, of Hernando, pleaded guilty in DeSoto County Circuit Court to one count of child exploitation. Judge Celeste Wilson sentenced him to 40 years in prison with 10 to serve and 30 suspended. Lester was ordered to pay $1,000 to the Children’s Trust Fund, $1,000 to the Mississippi Crime Victim Compensation Fund, and he must register as a sex offender.

Austin Long, 64, appeared before Lee County Circuit Court Judge Thomas Gardner and entered an open plea to a bill of information of one count of child exploitation. An open plea means the defendant refuses to accept the State’s recommendation and instead throws himself or herself at the mercy of the court. As a result, Judge Gardner sentenced Long to 20 years in prison with 17 of those years suspended, leaving three years to serve, followed by five years of post-release supervision. Long was ordered to pay $1,000 to the Mississippi Children’s Trust Fund, $100 to the Mississippi Crime Victim Compensation Fund, and a $1,000 fine. Additionally, Long must register as a sex offender.

David L. Nelson 70, was sentenced following a verdict finding him guilty of five counts of exploitation of a child. A Madison County Circuit Court Judge sentenced Nelson to 40 years in prison with 35 of those years suspended, leaving five years to serve, followed by five years of post-release supervision. Nelson was ordered to pay $1,000 to the Mississippi Children’s Trust Fund, $1,000 to the Mississippi Crime Victim Compensation Fund, and $5,000 in fines. Additionally, Nelson must register as a sex offender.

David Owens, 40, pleaded guilty to one count each of possession, transmission, and production of child pornography before Pearl River County Circuit Court Judge Prentiss G. Harrell. He was sentenced to serve 40 years in prison with 10 of those years suspended, leaving 30 to serve for each count, followed by 10 years of post-release supervision for each count. Those three sentences are to run concurrently, leaving Owens a total of 10 years to serve behind bars followed by 10 years of post-release supervision. He must serve his sentence day-for-day without the possibility of parole. He was ordered by Judge Harrell to pay a $2,500 fine and $2,500 for public defense. Owens must register as a sex offender following his release from prison.

Eric Deshawn Smith, 32, of Meridian, pleaded guilty to one count of child exploitation before Lauderdale County Circuit Court Judge Justin Cobb. Smith was sentenced to 40 years in prison with 33 of those years suspended, leaving seven years to serve, followed by five years of post-release supervision. Smith was ordered to pay $1,000 to the Mississippi Children’s Trust Fund, $1,000 to the Mississippi Crime Victim Compensation Fund, and must register as a sex offender.

2017 Annual Report


CyberCrime Unit 2017 Convictions (Con’t)

David Stough, 46, of Ridgeland, pleaded guilty to one count of child exploitation before Madison County

Circuit Judge John Emfinger. He was sentenced to 40 years in the custody of the Mississippi Department

of Corrections, with five years to serve and five years of post-release supervision. Stough was ordered to

pay $1,000 to the Mississippi Children’s Trust Fund and $1,000 to the Mississippi Crime Victim

Compensation Fund. Stough must also register as a sex offender.

Daniel Bryan Weaver, 36, pleaded guilty in George County Circuit Court to one count of child

exploitation. Judge Dale Harkey sentenced Weaver to 40 years in prison with 32 of those years

suspended, leaving eight years to serve followed by five years of post-release supervision. Weaver was

ordered to pay $1,000 to the Mississippi Children’s Trust Fund, $1,000 to the Mississippi Crime Victim

Compensation Fund, and $5,000 in fines. He must register as a sex offender.

Billy Allen Whitfield, 43, pleaded guilty in Washington County Circuit Court to one count of sexual

battery. Judge W. Ashley Hines sentenced Whitfield to 30 years in the custody of the Mississippi

Department of Corrections, with 10 of those years suspended, leaving 20 to serve, followed by five years

of post-release supervision. Whitfield was ordered to pay $1,000 to the Mississippi Children’s Trust

Fund and $500 to the Mississippi Crime Victim Compensation Fund.

In a separate case, Whitfield also pleaded guilty in Calhoun County Circuit Court to one count of sexual

battery. He was sentenced by Judge John Gregory to 30 years in the custody of the Mississippi

Department of Corrections, with 10 of those years suspended, leaving 20 to serve, followed by five

years post-release supervision. He was ordered to pay $1,000 to the Mississippi Children’s Trust Fund

and $1,000 to the Mississippi Crime Victim Compensation Fund. The sentences from Washington and

Calhoun counties will run concurrently.

2017 Annual Report


MEDICAID FRAUD CONTROL UNIT

2017 Medicaid Fraud Control Unit Accomplishments:

Recovered $240,884.51 in restitution and civil penalties from Medicaid providers through investigations and participation in global (multi-state) litigation

Restitution and fines in the amount of $12,538,333.96 ordered by various criminal courts (An additional $1,941,354 will be accounted for in FY 18 due to a sentencing date after the close of FY 17)

Reviewed and processed 32 complaints of fraud

Opened 30 complaints as criminal investigations

Convicted five individuals of fraud

Reviewed and processed 2,227 complaints of abuse, neglect or exploitation of patients/residents in licensed health care facilities or personal care homes

Opened 482 complaints for criminal investigations

Convicted 57 individuals of abuse, neglect, or exploitation

Conducted 70 educational programs for health care facility staff, civic clubs, professional organizations, educational institutions, planning and development districts, law enforcement agencies, and health care associations

T he Medicaid Fraud Control Unit (MFCU) of the Mississippi Attorney General’s Office has a two-

fold mission: to investigate and prosecute Medicaid fraud committed by medical providers and to

investigate and prosecute allegations of neglect, abuse, and exploitation of vulnerable adults who

are patients or residents in health care facilities. MFCU negotiated settlements with numerous

providers whose misconduct (e.g., erroneous billing, etc.) had not risen to the level of criminal fraud

but which justified payment of restitution, civil penalties, and/or investigative costs. MFCU recovered

restitution and civil penalties from Medicaid providers through investigations and participation in

global (multi-state) litigation.

MFCU received numerous allegations of provider fraud and opened several cases for criminal

investigation. Complaints of abuse, neglect, or exploitation in health care facilities are reviewed and

processed by the MFCU. These investigations resulted in 482 new cases and led to 57 convictions

for abuse and fraud.

In addition to the criminal prosecution and civil litigation, the MFCU provided 70 educational

programs for state and local prosecutors, health care facility staff, civic clubs, professional

organizations, educational institutions, planning and development districts, law enforcement

agencies, and health care associations. The unit investigates allegations of neglect, abuse, and

exploitation of vulnerable adults and provider fraud throughout the state of Mississippi. MFCU

investigators continue to assist both local and federal law enforcement agencies and local and

federal prosecutors in the peculiarities of prosecuting elder abuse and healthcare provider fraud.

The state is still faced with an expansion of ever-evolving financial crimes against the elderly. MFCU

will continue working with local law enforcement and federal agencies, as well as the various

licensing boards, to address abuse, neglect, and fraud.

2017 Annual Report


OPINIONS AND LOCAL GOVERNMENT

2017 Opinions and Local Government Accomplishments:

Issued 434 official opinions

Returned 86 percent of formal opinions within 30 days or less

Spent more than 7,100 hours giving advice by telephone and email

and over 400 hours preparing and conducting seminars around the

state

More than 400 hours spent preparing and conducting seminars

around the state

Trained local officials in implementation of new laws passed by the

legislature

T he Opinions and Local Government Division discharges one of the Attorney General's primary

statutory duties—issuing legal opinions of the office to state and local officials, boards, agencies,

and their attorneys pursuant to Section 7-5-25. The statutory advisor, who resides within this

division, analyzes statutes and makes reports to the legislature in accordance with Section 7-5-11.

The division provides a broad range of training and legal assistance to local officials and reviews

and approves inter-local agreements. The division reviews initiative measures proposing

constitutional amendments and issues certificates of review pursuant to Section 23-17-1 et seq.

Upon request, the division also consults with legislative drafting staff regarding proposed legislation.

In FY 2017, the division issued 434 official opinions. Of these, 86 percent were issued within 30

days after the request was received. As always, the great majority of these opinions were issued to

local governments. These opinions dealt with every facet of government, including purchasing,

personnel, taxing, budgeting, contracts, insurance, retirement, elections, separation of powers, solid

waste, garbage, gaming, constitutional issues, and many more. A total of nine opinions were issued

to legislators.

Support to State and Local Officials

T he Opinions and Local Government Division is a primary source of support to public officials,

public employees, and the attorneys who represent them through training as well as direct

advice. This section spent more than 7,100 hours giving general advice by telephone or email in

fiscal year 2017. More than 400 hours were spent in preparing and conducting seminars and

programs across the state for local officials and their attorneys.

The Opinions Division provides year-round support to the Legislature and legislative staff, as well as

to all agencies of state government. This support is manifested both in direct advice to agency

officials and in assistance to other attorney general lawyers directly assigned to the agencies.

Attorneys in this division also serve as hearing officers for state agencies.

2017 Annual Report


Elections

T he Attorney General's Office participates in training sessions for election officials throughout the

state. Training is conducted for circuit clerks, election commissioners, and party executive

committee members. The division works with the Office of the Secretary of State to enforce

violations of campaign finance laws.

Open Meetings and Public Records

T he division helps public officials understand and comply with the open meetings and public

records laws through continuing education programs, by responding to telephone inquiries from

state and local officials and members of the public, as well as by working closely with the Mississippi

Ethics Commission.

Capitol, State of Mississippi

2017 Annual Report


PROSECUTOR TRAINING DIVISION

T he Prosecutor Training Division of the Attorney General’s Office, in conjunction with the Mississippi Prosecutors Association, identifies, develops, and implements training and resource

programs for prosecutors within the state of Mississippi and their supporting personnel. In addition, this division monitors criminal law as it develops in our state legislature and alerts district attorneys, city and county attorneys, youth court prosecutors, and assistant attorneys general regarding criminal justice legislation.

Prosecutor Training offers two major statewide conferences every year for all prosecutors, with specialized training in separate tracks, which run concurrently. Each breakout track allows training sessions to target specific groups of prosecutors. Examples include youth court prosecutors, or a narrowly tailored curriculum such as DUI, drugged driving, or domestic violence training. In addition to prosecutors, the division provides training for investigators, victim assistance coordinators, and pre-trial diversion units. Our conferences are held at no cost to prosecutors. Training funds cover speakers’ fees, lodging, food, and travel expenses. Training funds are also used to send prosecutors to out-of-state training.

The Mississippi Prosecutors Association is governed by a board of directors with District Attorney Joel Smith of the Second Judicial District serving as President for 2016-2017. The Prosecutor Training Division consists of Camala Wyatt, Director and Patty Pettis, Assistant.

Prosecutor Training has worked diligently to provide knowledgeable speakers from the state of Mississippi as well as nationally recognized presenters and timely topics to our members. This year Prosecutor Training trained 682 prosecutors, investigators, victims assistance coordinators, and check unit personnel and offered 32 hours of continuing legal education to Mississippi prosecutors.

This division maintains a successful email list-serv to assist in the exchange of information between prosecutors and supporting personnel. This includes exchanging information on points of law, expert witnesses, national criminal justice trends, and requests for assistance on various issues. Case updates from the United States Supreme Court, the Mississippi Supreme Court, and the Mississippi Court of Appeals are sent out through the list-serv. The office also assists in conducting legal research as needed, including actual trial assistance.

2017 Prosecutor Training Division Accomplishments:

Provided training to more than 682 prosecutors, investigators, victim

assistance coordinators, and check unit personnel

Offered 32 hours of continuing legal education to Mississippi

prosecutors

2017 Annual Report


To better equip prosecutors and protect state residents, a district attorney state-wide automated case

management system known as CRIMES has been developed for our district attorneys’ offices. This system

allows district attorneys’ offices to communicate automatically with the Criminal Information Center (CIC) of

the Mississippi Department of Public Safety. Prosecutors use this information to share pertinent information

on criminals, make crucial charging decisions, and track criminals in our state.

2016-2017 Conferences and Trainings

Fall Prosecutors Conference: All prosecutors in the state may attend this conference, which offers

classes that give updates on legislation and state and national case law and provides training for new and

senior prosecutors.

Spring Prosecutors Conference: This conference offers classes for all prosecutors in the state and

provides technical assistance by offering training classes for criminal investigators, victim assistance

coordinators, and other district attorney personnel.

Youth Court Seminar: The Prosecutor Training Division offered a full day seminar of continuing legal

education and youth court hours to Mississippi’s youth court prosecutors. This year’s seminar focused on

current issues affecting Mississippi’s youth courts and the nation with classes such as Cyber Bullying, Gang

Awareness and Prosecution, DHS Family and Children’s Services, and Youth Services Updates.

John R. Justice Grant: Prosecutor Training was awarded the JRJ grant for another year. This federal

funding is provided by the Bureau of Justice Assistance, Office of Justice Progams and is administered by

the individual states to encourage qualified attorneys to choose and continue in careers as prosecutors and

public defenders. It provides up $10,000 per year in loan repayment for state prosecutors and public

defenders. The aggregate maximum amount is $60,000. It covers loans made under the Higher Education

Act of 1965, including consolidation loans. Repayment benefits for grant recipients are awarded by a

selection committee to borrowers who agree to remain employed as prosecutors or public defenders for at

least three years and exhibit the least ability to pay his or her education loans. The grant awards were

distributed on September 30, 2016.

2017 Annual Report


PUBLIC INTEGRITY DIVISION

2017 Public Integrity Division Accomplishments


160 investigations opened

1,029 complaints received and worked

T he staff of attorneys and investigators in the Public Integrity Division (PID) are

responsible for the prosecution of several types of criminal cases in the state

courts of Mississippi. As its primary mission, PID is charged with the responsibility of

investigating and prosecuting public corruption and white collar crime. PID works

closely with various state agencies, such as the Auditor’s Office and Secretary of

State’s Office, as well as with federal agencies and local law enforcement in the

investigation and prosecution of corrupt public employees or private citizens

conducting business with the state in a fraudulent or otherwise illegal manner.

The division provides assistance to local law enforcement officials, local prosecutors,

and the state’s 22 district attorneys in the performance of their duties. Further, PID is

charged with the responsibility of impaneling a statewide grand jury to investigate and

prosecute large-scale drug violators. PID works with the Mississippi Bureau of

Narcotics to investigate and prosecute large-scale drug organizations through both

criminal prosecution and civil forfeiture actions.

In addition to its primary mission, the Public Integrity Division includes several units

charged with enforcing particular areas of law in this state either independently or in

conjunction with local law enforcement and prosecution: Public Integrity, Alcohol and

Tobacco Enforcement, Child Desertion, DUI Training, Insurance Fraud, and Vulnerable

Adult.

2017 Annual Report


Public Integrity Division (Con’t) Convictions / Guilty Pleas

Hinds County Man Sentenced to Life in Prison for Murder Michael Sorrell was sentenced as a habitual offender on first degree murder charges and as a felon in possession of a firearm in Hinds County Circuit Court on June 8, 2017, before Judge William Gowan. Judge Gowan sentenced Sorrell to serve life in prison on the murder charge and a concurrent 10 year sentence on the firearm charge. Hinds County Man Pleads Guilty to Armed Robbery, Attempted Aggravated Assault Antonio Liddell entered a guilty plea to five counts of armed robbery and two counts of attempted aggravated assault on February 15, 2017, before Hinds County Circuit Court Judge Jeff Weill. Liddell was sentenced to 23 years with five years suspended, 18 years to serve, and five years probation with credit for time served. Lee County Man Pleads Guilty to Conspiracy for Kidnaping, Conspiracy to Commit House Burglary and Possession of a Controlled Substance Matthew Fowler pleaded guilty to one count of conspiracy for kidnaping, one count of conspiracy to commit house burglary, and possession of a controlled substance on March 21, 2017, before Special Circuit Judge Betty Sanders in Lee County Circuit Court. Fowler was sentenced to three years for possession of a controlled substance, which will run concurrent to the conspiracy charges. He was also ordered to pay $500 to the Mississippi Crime Victim Compensation Fund. Two Lee County Men Plead Guilty to Conspiracy for Kidnaping, Conspiracy to Commit House Burglary William Randolph and Thomas Waddell pleaded guilty to one count of conspiracy for kidnaping and one count of conspiracy to commit house burglary on March 21, 2017, before Special Circuit Judge Betty Sanders in Lee County Circuit Court. Both men were sentenced to a total of 10 years, with five years suspended, leaving five to serve. The defendants also received five years of post-release supervision for conspiracy to commit house burglary. Additionally, both men were ordered to pay $500 to the Mississippi Crime Victim Compensation Fund. Madison County Man Sentenced for Burglary and Assault Chad Bowman was sentenced on March 3, 2017, by Circuit Court Judge James T. Kitchens Jr. for one count of burglary of a dwelling with the intent to commit assault. Bowman was convicted by a Noxubee County jury following a five-day trial and was sentenced to 20 years in prison, with 10 of those years suspended, leaving 10 years to serve, followed by five years of post-release supervision. Additionally, he was ordered to pay $500 in fines and court costs. Lowndes County Man Pleads Guilty to Burglary of a Commercial Building Corey Martin pleaded guilty on February 27, 2017, to one count of burglary of a commercial building before Lowndes County Circuit Court Judge Lee S. Coleman. Martin was sentenced to five years with five suspended and three years supervised probation, $1,200 fine, $500 to the Mississippi Crime Victim Compensation Fund, $1,000 restitution, and court costs.

2017 Annual Report


Jones County Woman Pleads Guilty to Embezzlement in Forrest and Jones Counties Teresa Dinwiddie pleaded guilty on February 10, 2017, to embezzlement in both of the indictments cases against her (Forrest and Jones counties) before Circuit Court Judge Dal Williamson. In both cases, she was sentenced to three years supervised non-adjudicated probation, $2,000 fine, $105 in restitution, and $500 to the Mississippi Crime Victim Compensation Fund. Hinds County Man Pleads Guilty to Sale of a Controlled Substance Clifton Papizan entered a guilty plea on March 7, 2017, before Senior Circuit Court Judge Tomie Green in Hinds County Circuit Court to one count of sale of a controlled substance. Papizan was sentenced to five years, four years suspended and one year to serve in the custody of MDOC, followed by two years of post-release supervision. He was also ordered to receive mandatory alcohol and drug treatment while incarcerated and pay $500 to the Mississippi Crime Victim Compensation. Oktibbeha County Man Sentenced for Aggravated Assault Tobias Coleman was sentenced on February 1, 2017, by Oktibbeha County Circuit Court Judge James T. Kitchens Jr. for one count of aggravated assault. Coleman was convicted by an Oktibbeha County jury following a three-day trial. He was sentenced to 20 years in prison with five of those years suspended, leaving 15 years to serve, followed by five years of post-release supervision. Coleman was also ordered to pay $500 to the Mississippi Crime Victim Compensation Fund, $1,000 in fines, and all court costs. Lowndes County Woman Pleads Guilty to Felony Eluding Latonya Shelton pleaded guilty on December 7, 2016, before Lowndes County Circuit Court Judge James T. Kitchens Jr. to felony eluding. Shelton was sentenced to five years with five years suspended, five years probation, and ordered to pay $1,000 to the Mississippi Crime Victim Compensation Fund and court costs. Hinds County Man Pleads Guilty to Attempted Burglary and Burglary Charges in Two Separate Cases DeUndre Pinkston pleaded guilty on May 3, 2017, before Hinds County Circuit Court Judge Jeff Weill, to attempted burglary and burglary in two separate cases. He received identical sentences of six years, three suspended, three years to serve, and two years post-release supervision and court costs. The sentences will run concurrently. Hinds County Man Pleads Guilty to Possession with Intent to Sell Deonte Proctor pleaded guilty on December 21, 2016, before Hinds County Circuit Court Judge Jeff Weill Sr. to one count of possession with intent to sell. Proctor was sentenced to 16 years, with 10 years suspended, and six years to serve. He also pleaded guilty to one count of possession of a firearm by a felon and one count of possession of a controlled substance. Proctor was sentenced to serve six years for count one and 10 years with five suspended and five years to serve on count two, which is to run concurrently with count one.


2017 Annual Report


Hinds County Man Pleads Guilty to Possession of Cocaine Emmanuel Lewis pleaded guilty to possession of cocaine on July 5, 2016, before Hinds County Circuit Court Judge Jeff Weill. Lewis was sentenced to six years suspended, one year supervised probation, and court costs, pursuant to the non-adjudication statute. Wilkinson County Man Pleads Guilty to Aggravated Assault in Two Separate Cases Gregory Chambers pleaded guilty on May 17, 2017, to aggravated assault before Wilkinson County Circuit Court Judge Lillie B. Sanders. Chambers was sentenced to 15 years, seven years suspended, eight years to serve, and five years post-release supervision, and court costs. He also pleaded guilty to aggravated assault in a separate case. Chambers was sentenced to 15 years with seven years suspended, eight years to serve, five years post-release supervision, restitution in the amount of $48,000, and court costs. Sentences are to run concurrently. Wilkinson County Man Pleads Guilty to Aggravated Assault Kendrick Davis pleaded guilty to aggravated assault on June 5, 2017, before Wilkinson County Circuit Court Judge Lillie B. Sanders. Davis was sentenced to 15 years, 10 suspended, five years to serve, and five years post-release supervision. He was also ordered to pay $8,000 in restitution, as well as all court costs. DeSoto County Officer Pleads Guilty to Perjury Lance Sheppard pleaded guilty on May 11, 2017, to one count of perjury before Panola County Circuit Court Judge Jimmy McClure. Sheppard was sentenced under the non-adjudication statute to three years on house arrest, two years supervised probation, surrender his Law Enforcement Officer certificate, address Law Enforcement Officer Cadets as requested, $200 to the Mississippi Crime Victim Compensation Fund, investigative costs of $500, $1,000 in fines, and court costs. Jackson County Man Re-sentenced on Capital Murder Charge Stephen McGilberry was re-sentenced on four counts of murder April 25, 2017, before Jackson County Circuit Court Judge Robert Krebs after a US Supreme Court decision required a re-sentencing hearing. McGilberry was sentenced to four consecutive terms of life without the possibility of parole. McGilberry was convicted on February 19, 1996, in Jackson County Circuit Court. Wilkinson County Man Pleads Guilty to Aggravated Assault Darius Kilbourne pleaded guilty to aggravated assault on June 21, 2017, before Wilkinson County Circuit Court Judge Lillie B. Sanders. Kilbourne was sentenced to 15 years, seven suspended, eight years to serve, five years on post-release supervision, ordered to pay $48,000 in restitution, and court costs. Former Cleveland Police Officer Sentenced for Extortion Melvin Sparks pleaded guilty to extortion by a public official on November 3, 2016, before Bolivar County Circuit Court Judge Charles E. Webster. Sparks was sentenced to three years in prison, with all three of those years suspended. Additionally, Sparks was ordered to pay $500 to the Mississippi Crime Victim Compensation Fund, $1,500 in fines, and serve three years of supervised probation.


2017 Annual Report


Jackson County Man Going to Prison for Possession of a Firearm, Cocaine and Receiving Stolen Property Marcus Randall pleaded guilty to one count of felon in possession of a firearm, one count of possession of cocaine, and one count of receiving stolen property on July 25, 2016, before Hinds County Circuit Court Judge Jeff Weill Sr. Randall was sentenced to 18 years in prison, with five years suspended, and three years of post–release supervision. Additionally, Randall was ordered to pay $500 to the Mississippi Crime Victim Compensation Fund. Jackson County Man Going to Prison for Accessory Before the Fact to Burglary Luscious Perkins pleaded guilty accessory before the fact to burglary on July 8, 2016, before Hinds County Circuit Court Judge Tomie Green. Perkins was sentenced to 15 years in prison, with five of those years suspended, followed by three years of post-release supervision. Neshoba County Woman Pleads Guilty to Possession of a Controlled Substance Sabrina Robertson pleaded guilty to one count of possession of a controlled substance (crystal meth) on July 13, 2016, before Neshoba County Circuit Court Judge Vernon Cotton. Robertson was given an eight year suspended sentence, contingent upon successful completion of drug court program, and a $2,000 fine. Two Hinds County Men Plead Guilty to Auto Theft Satchel Tolbert and Jeremy Powe pleaded guilty to the crime of auto theft on July 5, 2016, before Hinds County Circuit Court Judge Jeff Weill Sr. Both men were sentenced to seven years, two years suspended, five years to serve followed by two years of post-release supervision. Hinds County Man Pleads Guilty to Accessory After the Fact Joshua Johnson entered a guilty plea to one count of accessory after the fact on July 20, 2016, before Hinds County Circuit Court Judge Tomie T. Green. Johnson was sentenced to three years non-adjudicated probation, and ordered to pay $250 to the Mississippi Crime Victim Compensation Fund. Adams County Dentist Enters into a Pretrial Intervention Agreement Brennan T. O’Brien a dentist practicing in Adams County, Mississippi, was charged with one count of grand larceny and entered into a pretrial intervention agreement on January 23, 2017, requiring him to serve one year under the supervision of the court and the Adams County District Attorney’s Office, to pay a fine in the amount of $1,000, and to perform 100 hours of community service. Hinds County Woman Pleads Guilty to Uttering Counterfeit Instrument Latoya Pye entered a guilty plea to one count of uttering a counterfeit instrument on May 3, 2017, before Hinds County Circuit Court Judge Jeff Weill. As a condition of non-adjudication, Pye was sentenced to three years of unsupervised probation, $3,661.79 in restitution, a fine in the amount of $250, and court costs.


2017 Annual Report


Cleveland Man Pleads Guilty to False Pretense in Leflore County Dartagnan Bronner was charged with one count of false pretense and entered a guilty plea to that count on January 9, 2017, before Leflore County Circuit Judge W. Ashley Hines. On February 13, 2017, Judge Hines sentenced Bronner to serve one year in the Long Term Alcohol and Drug Treatment program in the custody of the MDOC. Hinds County Man Pleads Guilty to Grand Larceny and Felon in Possession of a Firearm Tommy McGowan entered a guilty plea to one count of grand larceny and one count of being a felon in possession of firearm on July 26, 2016, before Hinds County Circuit Court Judge Jeff Weill. McGowan was sentenced in count one to five years in MDOC custody, with four years suspended, one year to serve, and three years of post-release supervision. In count two, McGowan was sentenced to 10 years in custody of MDOC with seven years to serve and three years suspended, followed by three years post-release supervision. The sentences will run consecutively, giving him a total of eight years to serve. He was ordered to pay restitution in the amount of $4,177 and $1,000 to the Mississippi Crime Victim Compensation Fund. Adams County Man Pleads Guilty to Manslaughter Maurice Davis entered a guilty plea to manslaughter on November 22, 2016, before Adams County Circuit Court Judge Forrest A. Johnson. Davis was sentenced to 15 years in custody of MDOC with five to serve and 10 suspended along with 10 years post-release supervision. Adams County Men Plead Guilty to Aggravated Assault Jhakeel Hawkins entered a guilty plea to aggravated assault on November 29, 2016, before Adams County Circuit Court Judge Forrest A. Johnson. Hawkins was sentenced to 15 years in custody of MDOC with five to serve and 10 suspended with 10 years post-release supervision. Alan Thomas entered a guilty plea to aggravated assault on November 30, 2017, before Adams County Circuit Court Judge Forrest A. Johnson. Thomas was sentenced to 15 years in custody of MDOC with 10 months to serve and the remainder suspended. He was also sentenced to 10 years post-release supervision. Lowndes County Man Pleads Guilty to Grand Larceny Tom Walker entered a guilty plea to grand larceny on February 22, 2017, before Lowndes County Circuit Court Judge Lee S. Coleman. Walker was sentenced to three years in custody of MDOC subject to successful completion of non-adjudication. Lowndes County Man Pleads Guilty to Robbery Karlo Lane entered a guilty plea to one count of robbery on December 2, 2016, before Lowndes County Circuit Court Judge Lee S. Coleman. Lane was sentenced to 15 years in custody of MDOC with eight to serve and seven suspended, and five years post-release supervision. Lane was ordered to pay $500 in restitution and $1,000 to the Mississippi Crime Victim Compensation Fund. Lowndes County Man Pleads Guilty to Misdemeanor Hindering Prosecution

Rodriguez Dismuke pleaded guilty to misdemeanor hindering prosecution on November 17, 2016, before

Lowndes County Circuit Court Judge Lee Coleman. Dismuke was sentenced to a six month suspended

sentence and ordered to pay a $1,000 fine.


2017 Annual Report


Washington County Man Pleads Guilty to Burglary, Aggravated Assault, Shooting into an Occupied Dwelling, and Possession of a Stolen Firearm Kordell Harper entered a guilty plea to two counts of burglary, one count of aggravated assault, one count of shooting into an occupied dwelling, and one count of possession of a stolen firearm on January 18, 2017, before Washington County Circuit Court Judge Richard Smith. Harper was sentenced in both counts of burglary to five years each in custody of MDOC. In count three, aggravated assault, Harper was sentenced to 15 years in MDOC custody, with 10 years to serve and five suspended, three years supervised probation, and two years unsupervised probation. In count four, the defendant pleaded guilty to shooting into an occupied dwelling. He was sentenced to 10 years in MDOC custody. Sentences in counts one, two, three, and four will run concurrently. In count five, the defendant pleaded guilty to being in possession of a stolen firearm. He was sentenced to five years in MDOC custody. This sentence will run consecutively (following) to counts one through four. He was ordered to pay restitution in the amount of $2,900 and $1,000 to the Mississippi Crime Victim Compensation Fund. Jackson County Man Sentenced to Life in Prison Donte Shepard was sentenced to life in prison without parole on one count of capital murder on September 22, 2016, by Hinds County Circuit Court Judge Jeff Weill Sr. Shepard was convicted by a Hinds County jury after a three-day trial. Former Mississippi State University Police Chief Sentenced for Felony DUI Georgia Lindley pleaded guilty to felony DUI before Special Circuit Court Judge Larry Roberts on February 6, 2017. Lindley was sentenced to one year of house arrest and given two years suspended followed by two years of supervised probation. Lindley was ordered to pay $2,000 in fines and $500 to the Mississippi Crime Victim Compensation Fund. She was also ordered to seek alcohol and drug treatment.


2017 Annual Report


The Child Support Prosecution Unit addresses the chronic and persistent issue

of parents not providing emotional and monetary support for their children in

accordance with Miss. Code Ann. § 97-5-3. The unit seeks cases where great

efforts have been made to exhaust all other remedies, where willful nonpayment

is evident, and where criminal prosecution will send a strong message to other non-custodial parents

that enforcement of support obligations is a priority in Mississippi. To put this in perspective

nationally, only about 69 percent of all child support awards are actually paid. In 2013, 2.6 million

(40%) of the 6.5 million custodial parents with child support orders actually received the full amount

of child support that was owed to them.

Child Support Prosecution Unit

Child Desertion Unit 2016-2017 Statistical Data:

Complaints received: Approx. 200

Disposed cases: 24

Convictions/pleas: 13

Indictments: 15

Arrests: 10

Investigations opened: 12

Restitution/fines/fees awarded: $403,568.01

Byron Q. Gaddis, 39, of Hinds County, entered a guilty plea on July 29, 2016, to the charge of non-support

of a child in Hinds County Circuit Court before Judge Winston L. Kidd. He was sentenced to serve five years

in the custody of the MDOC, with five years suspended and five years supervised probation. Judge Kidd

ordered Gaddis to pay $100 to Mississippi Crime Victims Compensation Fund and $42,849.79 in back child

support at the rate of not less than $200 per month.

Felony Non-Support Convictions – Pleas

2017 Annual Report


Joe Oscar Coptane, 37, of Lee County, entered a guilty plea on July 5, 2016, to two counts of non-

support of a child in Lee County Circuit Court before Judge Paul S. Funderburk. He was sentenced to

serve a term of five years in the custody of the MDOC and be placed under post-release supervision

upon release from the term of incarceration for a period of five years. He was further ordered to pay

court costs in the amount of $531.50 and a $200 reimbursement to the Mississippi Attorney General’s

Office. Restitution was ordered in the sum of $33,229 to be paid to the custodial parent for the benefit of

the minor children.

Raymond R. McBride Jr., of Harrison County, entered a guilty plea on August 15, 2016, pursuant to the

non-adjudication statute to one count of non-support of a child. Harrison County Circuit Court Judge

Roger Clark sentenced McBride to serve five years in the custody of the MDOC, with those years

suspended, and five years supervised probation. He was ordered to pay $34,325 in back child support

at the rate of $200 per month, a $100 assessment to the Mississippi Crime Victim Compensation Fund,

$1,786.25 to the Harrison County Sheriff’s Department, and all costs of court.

Blake Loren Trenary, of Lowndes County, pleaded guilty on August 31, 2016, to one count of non-

support of a child in Lowndes County Circuit Court before Judge Lee S. Coleman. Judge Coleman

sentenced Trenary to three years non-adjudicated probation. He was ordered to pay the monthly sum of

$575 plus arrears in the amount of $115 monthly in compliance with the chancery court’s order. The total

arrears owed at the time of pleading are $14,531.90. He was further ordered to pay a $500 fine, a $100

assessment to the Mississippi Crime Victim Compensation Fund, and all costs of court.

Julius Brown II, 41, of Montgomery County, pleaded guilty on October 10, 2016, to one count of felony

non-support in Montgomery County Circuit Court before Judge Joseph H. Loper. Judge Loper sentenced

Brown to five years under the non-adjudication statute. He was given five years probation. He must also

pay court costs and $7,571 in back child support to the victim. He is to pay $70 per month and an

additional $500 every April and October until paid in full.

Michael Junior House, of Smith County, pleaded guilty on October 24, 2016, to two counts of non-

support of a child in Smith County Circuit Court before Judge Eddie Bowen. House was sentenced to

five years on each count, to run concurrently under the non-adjudication statute. He was given five years

supervised probation. He must pay a $100 assessment to the Mississippi Crime Victim Compensation

Fund within 90 days, a $1,450 reimbursement to the Attorney General's Office within six months, and

$451.50 in court costs within four months. He must also pay $20,814.38 in back child support while he is

on probation.

Joseph L. Scott, of Forrest County, pleaded guilty on January 20, 2017, to one count of non-support of

a child in the Forrest County Circuit Court before Judge Jon Mark Weathers. He was sentenced to five

years suspended in the custody of the MDOC, conditioned upon his participation in the Forrest County

Community Service Program. In addition to his regular child support payment, Scott must pay $9,620.54

in back child support. He was also ordered to pay an assessment of $100 to the Mississippi Crime Victim

Compensation Fund and all costs of court.

Child Support Prosecution Unit, Felony Non-Support Convictions – Pleas (Con’t)

2017 Annual Report


Child Support Prosecution Unit, Felony Non-Support Convictions – Pleas (Con’t)

Collins Joseph Hymel III, of Lamar County, pleaded guilty on Friday, January 27, 2017, to two counts

of non-support of a child in Lamar County Circuit Court before Special Circuit Judge William Andrews.

He was sentenced under the non-adjudication statute to serve five years in the custody of the MDOC,

with those five years suspended, and three years of supervised probation pending the completion of

certain conditions. He was ordered to pay $14,293 in back child support at a minimum of $250 per

month until paid in full.

Windell Kelly Conley, 44, of Harrison County, pleaded guilty on Monday, February 6, 2017, to the

charge of non-support of a child in Harrison County Circuit Court in Biloxi before Judge Lisa P. Dodson.

Judge Dodson sentenced Conley to serve five years in MDOC custody, suspended, and five years of

supervised probation. He was ordered to pay $116,556 in back child support during his five year

sentence, a $100 fine, and a $300 assessment to the Mississippi Crime Victim Compensation Fund.

Jeremy Amien Jenkins, Sr., of Holmes County, pleaded guilty on February 10, 2017, to the charge of

non-support of a child in Holmes County Circuit Court. He was sentenced to serve a term of five years in

the custody of the MDOC, suspended, and placed on five years supervised probation. Jenkins was

ordered to pay $20,651.94 in back child support, $376 in court costs, and $500 in attorney fees, payable

at the rate of $400 per month. Restitution must be paid first.

Marcus Shane Boyles, of Bolivar County, pleaded guilty on May 1, 2017, to the charge of non-support

of a child in Bolivar County Circuit Court. He was sentenced by Judge Albert B. Smith III to serve five

years in the custody of the MDOC, with those five years suspended, and five years post-release

supervision. Judge Smith Ordered Boyles to pay $26,536.50 in back child support, a $100 investigative

fee to the State of Mississippi, $250 as a credit to the indigent defense fund, and court costs.

Michael Clint Bumpous, of DeSoto County, pleaded guilty on June 7, 2017, to the charge of non-

support of a child in DeSoto County Circuit Court. He was sentenced by Judge Celeste Wilson to serve

five years in the custody of the MDOC, with four years suspended and one year to serve, in the Intensive

Supervision Program, and four years post-release supervision. He was ordered to pay $32,154.59 in

restitution, a $500 fine, a $100 investigative fee to the Mississippi Attorney General’s Office, $100 to the

Mississippi Crime Victims Compensation Fund, and costs of court.

Robert Eugene Burton, of Warren County, pleaded guilty on Thursday, June 15, 2017, to the charge of

non-support of a child in Warren County Circuit Court. He was sentenced by Judge Isadore Patrick to

five years in the custody of the MDOC, with five years suspended, and five years non-adjudicated

probation. Burton paid $21,694.62 in back child support on the day of his plea. He also reimbursed DHS

for $710 in court costs and paid $280.50 in state assessments and $104 in circuit court costs. He will be

required to pay $150 per month in regular child support until the child reaches the age of 21.

2017 Annual Report


Insurance Integrity Enforcement Bureau

2017 Insurance Integrity Enforcement Bureau Accomplishments:

$111,702.04 recovered in restitution, reimbursements, investigative costs, court

costs, and fees

151 insurance/workers’ compensation complaints received

114 insurance fraud complaints received

68 insurance fraud active investigations conducted

37 Workers’ Compensation fraud complaints received

30 Workers’ Compensation active investigations conducted

13 insurance fraud convictions

51 insurance fraud indictments

15 insurance fraud cases presented for prosecution

11 workers’ compensation indictments

Five workers’ compensation cases presented for prosecution

N ationwide more than 7,000 companies collect more than $1 trillion in insurance premiums every year.

The FBI estimates that, not including healthcare claims, insurance fraud is more than a $40 billion a year

enterprise. The Coalition Against Insurance Fraud, a private entity, puts that number much higher, including

all forms of insurance fraud, at some $80 billion a year. Depending on which statistic you subscribe to,

insurance fraud costs the average US family between $700 to $1,000 a year in extra premiums.

To protect the interests of the citizens of Mississippi, Mississippi-owned businesses, and the state of

Mississippi, the Insurance Integrity Enforcement Bureau (IIEB) of the Mississippi Attorney General’s Office is

tasked with the statutory duty of investigating and prosecuting claims of insurance abuse and crimes involving

insurance fraud, including workers’ compensation fraud. Additionally, the IIEB staff serves daily as a

resource for public and private sector entities and the general public by responding daily to numerous calls,

mailings, emails, web-based inquiries, concerns, and complaints relating to insurance and workers’

compensation fraud.

During the past fiscal year, the IIEB has enjoyed a great working relationship with the Mississippi Insurance

Department, the Mississippi Workers’ Compensation Commission, the National Insurance Crime Bureau and

its many member insurance companies in Mississippi, private insurance companies both in Mississippi and

around the country, as well as the many local, state, and federal agencies it has encountered in the continued

fight against insurance fraud.

2017 Annual Report


Insurance Fraud Convictions/Pleas

Christian Thomas: IIEB received an insurance fraud referral from Allstate Insurance Company and GEICO, against Christian Thomas alleging that Thomas submitted false documents in order to gain proceeds in his involvement of a staged accident ring. Thomas pleaded guilty to one count of wire fraud on March 6, 2017.

Quardius Sipp, Benard Sipp, & Bethea Hughland Wooten: IIEB received an insurance fraud referral from Republic Western reporting that it was believed that a staged accident was arranged between Quardius Sipp, Benard Sipp, and Hughland Wooten using a U-Haul truck. A subsequent investigation resulted in Quardius and Benard Sipp confessing to the staging of the accident with Hughland Wooten. All participants pleaded guilty to insurance fraud on May 15, 2017.

Randall Henson: IIEB received an insurance fraud complaint from the Sunflower County Sheriff's Department indicating that complainants submitted a check to Mid Delta Insurance Agency (MDIA) in the amount of $1,092.15 for their homeowner's insurance premium finance payment.

The check was deposited into Mid Delta's account, but the funds were never forwarded to the insurance broker; therefore, the complainants were left without coverage. The complainant’s home burned on January 11, 2015, leaving the home damaged and one complainant with injuries. A subsequent investigation led to the indictment of Henson on April 4, 2016, in Sunflower County for one count of false pretense.

Henson pleaded guilty to one count of false pretenses and was ordered to pay $18,956.91 in court costs, fees, and restitution.

Terrance Wade: IIEB received a complaint alleging that Terrance Wade forged documentation sent to Progressive Insurance Company subsequent to an auto crash. An investigation into the allegations revealed the document forwarded was in fact an altered older medical record for the claimant, and he changed the dates to correspond with the date of the crash. Wade pleaded guilty to one count of mail fraud in Holmes County.

Deitrich Nadean Moore: IIEB received an insurance fraud referral from Great American Life Insurance Company alleging that Moore committed fraud. Moore received an appointment from GALIC in March 2015. GALIC later received two new annuity applications from Moore, along with two checks in the amount of $800,000 and $700,000 from the applicants. Both checks submitted by Moore came back as "insufficient funds." A subsequent investigation led to Moore’s indictment on January 11, 2016, on two counts of insurance fraud. On March 2, 2017, Moore pleaded guilty to two counts of insurance fraud.

Felicia Barksdale: IIEB received a complaint of multiple parties sending fraudulent medical bills to Progressive Insurance Company subsequent to an auto crash. An investigation confirmed that Barksdale did submit fraudulent medical bills. Barksdale confessed to this crime during the investigation and pleaded guilty to one count of mail fraud on May 5, 2017.

Lula Robertson: IIEB received a complaint alleging that Lula Robertson, of Holmes County, MS, filed a fraudulent insurance claim subsequent to an automobile crash but actually acquired the policy for which she submitted said claim after the fact of the crash. Robertson pleaded guilty to one count of insurance fraud.

Arnisha Dean: IIEB received a referral alleging that Arnisha Dean submitted a fraudulent claim to Direct Insurance after she reported a motor vehicle crash.

An investigation confirmed that the policy on the automobile for which Dean submitted the claim was not acquired until after the time of the crash. Dean pleaded guilty to one count of insurance fraud.

Samuel L. James: IIEB received a report that an independent insurance agent was selling home and automobile insurance through his company but not forwarding premiums to the carrier. An investigation supported the allegations. On February 21, 2017, James pleaded guilty to false pretense.

2017 Annual Report


Georgeena Edwards: Information indicated that Edwards appeared to have altered medical records

relating to a workers’ compensation claim and submitted the records as true and accurate. During an

investigation, documentation was received from the medical provider showing the records submitted by

Edwards as fraudulent. On April 12, 2017, Edwards pleaded guilty to one count of wire fraud.

Rachael & Detria Vogle: IIEB was contacted by the Mississippi Insurance Guaranty Association

(MIGA). It was reported that former workers’ compensation benefits recipient Roy Vogle died in 2011,

and his daughters, Rachel and Detria Vogle, were still receiving his workers’ compensation payments, as

well as receiving care benefits from their father’s claim. Documents received during the course of an

ensuing investigation revealed that Mr. Vogle died on July 28, 2011, but his benefits checks were cashed

until 2014. The documents also revealed that Rachel Vogle received and cashed caregiver checks

pertaining to her father's claim after his death. MIGA records indicate that Mr. Vogle’s benefit checks

were cashed in the amount of $49,613 after his death. It was determined that Rachel Vogel cashed

$16,871.40 in caregiver checks after her father's death. MIGA calculated a total of $66,484.40 in over

payment benefits to the Vogle's workers’ compensation claim. Rachael Vogle and Detria Vogle pleaded

to two counts of workers’ compensation fraud.

Workers’ Compensation Fraud Convictions

2017 Annual Report


VULNERABLE PERSONS UNIT

2017 Vulnerable Persons Unit Accomplishments

Recovered $163, 291.50 in restitution, fees, and fines

Received 3,151 complaints of abuse, neglect, and/or exploitation


Five convictions

Convictions

Renee Netherland pleaded guilty in Hinds County Circuit Court to exploitation of a vulnerable

person and was ordered to pay $500 to the Mississippi Crime Victim Compensation Fund, $250 to

the Attorney General’s Office for investigative costs, and $1,500 in restitution to the victim.

Thurman Kerry Lucas pleaded guilty in Marion County Circuit Court to exploitation of a vulnerable

person and was sentenced to 10 years with five years suspended and five years to serve. Lucas

was also ordered to pay restitution in the amount of $12,000 to the victim.

Dianna Hodge pleaded guilty in Hinds County Circuit Court to exploitation of a vulnerable person.

She was sentenced under non-adjudication to five years supervised probation and was ordered to

pay $1,000 to the Crime Victim Compensation Fund and $22,180 in restitution to the victim.

Lisa Mozingo pleaded guilty to exploitation of a vulnerable person in Jones County Circuit Court

and was sentenced to 10 years. Mozingo was ordered to pay $100,000 in restitution to the victim.

Misty Scarborough pleaded guilty to exploitation of a vulnerable person in Marion County Circuit

Court and was sentenced to five years suspended, five years probation, and was ordered to pay a

$1,000 fine, $1,000 indigent fee, $24,440 in restitution to the victim, $421.50 in court cost, and $500

to the Attorney General’s Office for investigative costs.

T he Vulnerable Persons Unit investigates and prosecutes persons who abuse, neglect, or exploit a vulnerable adult residing in a private home. Mississippi law defines a vulnerable adult as a

person, whether a minor or adult whose ability to perform the normal activities of daily living is impaired due to a mental, emotional, physical or developmental disability or dysfunction, or brain damage or the infirmities of aging. This unit is also responsible for conducting statewide trainings of law enforcement officers, judges, district attorneys, state agencies, and investigators at the Department of Human Services with regard to issues arising under the Vulnerable Persons Act. This training provides insight to street-level police officers in the specific areas of recognizing and responding to allegations of exploitation of individuals who meet the criteria under vulnerable adult laws.

2017 Annual Report


DUI UNIT—TRAFFIC SAFETY RESOURCE PROSECUTOR

2017 DUI Unit Accomplishments:

Provided DUI training to approximately

1,749 judges, prosecutors, and law enforcement officers

Five Cops In Court Trainings at Office of Standards and Training’s Standardized Field

Sobriety Testing (SFST). Classes included DUI law, mock trial simulations, and courtroom

preparation

Two A.R.I.D.E. (Advanced Roadside Impairment Driving Enforcement Training) - 2 day

training focused on drug-related DUIs, review of Mississippi’s DUI statute, and case law

10 in-service trainings including a 2017 DUI Law Update to MHP, DREs, and numerous

municipal and county law enforcement officers

MS STARS– Provided DUI update

Four DUI Basic Course to recruits at MLEOTA, one course for reserve officers and one course

to the MS Highway Patrol In-Service Trainings

Drafted Attorney General Opinions relating to DUI law changes

Mississippi Prosecutors Association:

Provided MS Prosecutors legal updates on DUI and traffic related case law and upcoming

changes to the DUI law at MS Spring Prosecutors Conference

DUI Drug Presentation, MS Fall Prosecutors Conference

Mississippi Judicial College:

Fall and Spring Justice Court Judges Conference—Provided Mississippi justice court judges

with DUI case law update and legal update on upcoming changes to the DUI law

Municipal Judges Summer Conference—Provided municipal judges with legal updates recent

DUI and traffic related cases and upcoming changes to DUI law

MS Judicial College’s Municipal Court Clerks’ Fall and Summer Conferences—Provided legal

updates on upcoming changes to DUI law

T he DUI Unit is part of the Public Integrity Division of the Office of the Attorney General of Mississippi. The unit is staffed by one attorney, an office assistant,

and two part-time law clerks. The Traffic Safety Resource Prosecutor (TSRP) operates under a federal grant from the Office of Highway Safety/Department of Public Safety Division of Public Safety Planning. The purpose of the TSRP is to serve as a prosecutor, a resource, and a liaison, while also providing technical legal assistance and training to all Mississippi prosecutors, law enforcement officers, court clerks, and judges.

2017 Annual Report


T he TSRP coordinates the training of all state prosecutors on traffic safety issues, primarily DUI prosecutions, and provides legal assistance on matters related to such cases. Such assistance

includes, but is not limited to: assisting with pre-trial investigations; upon request, serving as lead or second chair or assisting in the prosecution of DUI, vehicular homicide, DUI death, or DUI maiming court cases; researching and writing motions and briefs; drafting and assistance with DUI attorney general opinions, drafting and assistance with DUI legislation; writing and updating the DUI Manual; and preparing a newsletter regarding “hot topic” issues of highway safety. The TSRP also coordinates joint training of prosecutors with their local law enforcement officers, when possible, during Standardized Field Sobriety Testing (SFST) classes.

The TSRP is available daily to prosecutors, court clerks, law enforcement, and judges should the need for assistance in DUI and traffic-related cases arise. On average, the DUI Unit handles approximately six or more technical/legal calls daily regarding DUI cases or DUI/traffic-related issues from across the state.

The TSRP also teaches on a regular basis at the Mississippi Law Enforcement Officers Training Academy (MLEOTA) to the Basic Recruit and Basic Refresher Classes. During the 2016-2017 year, the TSRP conducted four classes totaling 271 officers. Additionally, the TSRP provides “Cops in Court” testimony training to law enforcement officers in conjunction with every SFST class provided and taught by the Department of Public Safety (DPS), Office of Standards and Training.

The TSRP participated in five SFST classes with 90 officers attending this training. A.R.I.D.E, which stands for Advanced Roadside Impaired Driving Enforcement, is another training offered to law enforcement officers that lasts two days and focuses on DUI Drug cases. The TSRP participated in two A.R.I.D.E. classes with 22 total officers attending and taught the legal portion of the training, which included providing relevant DUI Drug case law.

The TSRP also teaches the legal section of our state’s Drug Recognition Expert (DRE) School, as well as the legal component of all DRE Certification. In 2008, Mississippi became the fourth DRE State. A DRE is a highly effective officer skilled in the detection and identification of persons impaired by alcohol and/or drugs. A DRE is trained to conduct a systematic and standardized 12-step evaluation consisting of physical, mental, and medical components. Currently, Mississippi has 22 DREs and five in the process of certification. Two separate eight-hour in-service training classes were offered to make sure the DREs obtained their continuing education requirements for recertification.

The TSRP works in conjunction with the Mississippi Judicial College (MJC) to provide legal training and case law updates on DUI and traffic-related issues to our judges statewide. In 2013, the TSRP and MJC completed and published the MS DUI Benchbook, a DUI manual to assist judges, prosecutors, and law enforcement officers. Due to recent changes to the DUI laws by the Legislature in 2017, the manual is currently in the process of being updated.

The TSRP participated in numerous traffic safety organizations and trainings, both statewide and nationally, including the MS Association of Highway Safety Leaders (MAHSL), Sobriety Trained Officers Representing Mississippi (S.T.O.R.M), MS Fall Prosecutors’ Conference, MS Highway Patrol In-Services, MS Impaired Driving Task Force, MS Traffic Safety Records Committee, MS STARS (Safety Training and Recognition Symposium), DUI Information-Exchange Improvement Advisory Committee(based on 2016 SB 2777 and 2017 SB 2685), National TSRP Training, 22nd Annual IACP Training Conference on Drugs, Alcohol and Impaired Driving, Municipal Court Clerks and Judges Conferences, Justice Court Clerks and Judges Conferences, DRE In-Services, and DUI Basic Classes at MS Law Enforcement Officers Training Academy.

Dui Unit—Traffic Safety Resource Prosecutor (Con’t)

2017 Annual Report


ALCOHOL & TOBACCO ENFORCEMENT DIVISION

The state unit of the Alcohol and Tobacco Enforcement Division consists of eight investigators who

enforce Mississippi law governing the sale of tobacco and alcohol and the age restrictions of the

state statutes. This unit maintains and updates a retail permit list of retailers who sell alcohol and

tobacco.

Investigators conduct retail training to educate and train owners and employees in proper

identification of underage youth as well as state laws governing the sale of alcohol and tobacco

products. Retailers with multiple alcohol convictions are submitted to the Department of Revenue

for review and possible suspension.

This unit works with state agencies as needed to protect our youth from the harmful effects of

tobacco and alcohol use.

The state unit investigates gun compliance complaints across the state on behalf of the Attorney

General’s Office to maintain compliance with state gun laws in government facilities.

2017 Alcohol and Tobacco Enforcement State Unit Accomplishments

$83,281.70 total in fines and court costs

785 retail clerks trained during 314 retailer trainings

7,341 tobacco enforcement checks—2.48 percent buy rate

7,349 alcohol enforcement checks—3.03 percent buy rate

Nine cases submitted to Department of Revenue for suspension

Four gun compliance complaint investigations

T he Attorney General’s Alcohol and Tobacco Enforcement Division works to

ensure compliance with state and federal alcohol and tobacco laws and

regulations as they pertain to the sale of those products to minors. The division

accomplishes its objectives through law enforcement activities, regulation,

prosecution of violators, education, and training of store owners, managers, and employees involved

in the selling of alcohol and tobacco products.

State Unit

2017 Alcohol and Tobacco Enforcement Division Accomplishments:

12,078 tobacco checks

3.63 percent buy rate for division

2017 Annual Report


Retailer Training

Recognizing that proper training of clerks is an important component in reducing the availability of

age-restricted products to minors, the division has continued to conduct retailer training sessions.

The division conducted 314 retailer training sessions with 785 retailer clerks in attendance.

Alcohol & Tobacco Enforcement Division (Con’t)

FDA Unit

In June 2010, the Mississippi Attorney General’s Office was awarded a contract from the Food and

Drug Administration Center for Tobacco Products to implement a comprehensive statewide tobacco

retailer inspection plan to enforce Federal Law C.F.R. Part 1140, as amended, by the Family

Smoking Prevention and Tobacco Control Act.

Investigators with the Mississippi Attorney General’s Office were recognized by the FDA as being

the first in the nation to begin federal tobacco inspections.

In compliance with the Family Smoking Prevention and Tobacco Control Act, six credentialed

investigators inspected 64 tobacco retailer locations per month. The required inspections include

both undercover buy and advertising and labeling inspections. Undercover buy inspections require

that an investigator supervise a minor who attempts to purchase tobacco products.

Advertising and labeling inspections are conducted solely by an investigator to determine if retailers

sell cigarettes or smokeless tobacco in direct face-to-face transactions, have vending machines

accessible to consumers under age 18, sell cigarettes in singles, or sell flavored tobacco products.

2017 Alcohol and Tobacco Enforcement Division Accomplishments

FDA UNIT

4,737 inspections— 5.43 percent violation rate

2017 Annual Report


SUPPORTIVE SERVICES DIVISION

T he attorney general’s Supportive Services Division is responsible for

providing overall administrative and technical support to the office in the

areas of finance and accounting, budgeting, human resources and personnel,

grant management and reporting, purchasing, payroll, maintenance of the law library, management

of interagency legal services and outside legal counsel, information systems, and the Law

Enforcement Officers and Firefighters Disability Benefits Trust Fund.

Finance and Accounting

Supportive Services is responsible for the management of the day-to-day accounting activities through

Mississippi’s Accountability System for Government Information and Collaboration (MAGIC) and the

analysis of financial reports and preparation of cost projections to manage agency funds and to ensure

compliance with spending authority requirements contained in the agency’s appropriation bill. The Finance

and Accounting area also prepares Generally Accepted Accounting Principles (GAAP) financial

statements and related information for inclusion in the Comprehensive Annual Financial Report and the

preparation of the agency’s indirect cost plan and negotiation of the indirect cost rate with the Federal

Division of Cost Allocation.

Law Enforcement Officers and Firefighters Disability Benefits Trust Fund

Supportive Services is also responsible for the administration of the Law Enforcement Officers and Fire

Fighters Disability Benefits Trust Fund. Mississippi Code Section 45-2-21 (1972, annotated) transferred

supervision of this fund from the Department of Public Safety to the Attorney General’s Office beginning

July 1, 2006. Any actively employed law enforcement officer or fire fighter who is accidentally or

intentionally injured in the line of duty as the direct result of a single incident is eligible to receive benefits.

If approved, the Attorney General’s Office will make a monthly disability payment equal to 34% of the

covered individual’s regular base salary at the time of injury. If the covered individual also receives

workers’ compensation benefits, then payments from the Law Enforcement Officers and Fire Fighters

Disability Benefits Trust Fund will be limited to the difference between the workers’ compensation benefits

and the amount of the covered individual’s regular base salary. Up to 12 payments for any single injury

can be made. Applications and instructions for submission are posted on the attorney general’s website at

www.agjimhood.com.

During FY 2017, the Supportive Services Division processed 61 law enforcement applications and 27 fire

fighter applications for a total of 88 applications. Disability claims amounting to $394,306.42 were paid to

injured law enforcement officers and fire fighters during the fiscal year.

A total of 531 law enforcement applications and 243 fire fighter applications have been processed since

the division began administering the fund in FY 2007 with a total of $2,431,331.44 in disability claims paid.

2017 Annual Report


Supportive Services Division (Con’t)

Budgeting

The Budgeting area includes the planning and preparation of the Agency’s annual budget for submission

to the Legislative Budget Office. This process includes reviewing and compiling financial information for all

funds and programs and maintaining systems and methods to capture performance measurement data to

comply with the Mississippi Performance Budget and Strategic Planning Act of 1994. Part of the

budgeting process is the compilation of supplemental information on program accomplishments and

assistance in legislative budget hearings through compilation of costs associated with new, expanding,

and/or existing programs. The culmination of the budgeting process is the preparation of the agency’s Z-1

budget with subsequent revisions as necessary throughout the fiscal year. An additional part of the

legislative budget process is the preparation of the personal services budget as required by the State

Personnel Board which ensures adequate manpower in accomplishing the office’s mandates.

Human Resources and Personnel

The Human Resources and Personnel area ensures compliance with all state and federal laws,

rules, and regulations regarding employment and employees (MSPB, Section 125, FLSA, Title VII,

FMLA, HIPAA, COBRA, ACA, etc.). Other functions of this area include maintaining agency,

position, and employee data in SPAHRS; ensuring that leave usage complies with state and federal

laws; conducting employee orientation; coordinating Benefits Training and Cafeteria Plan

Enrollment; ensuring uniform implementation of Performance Development System (PDS); and

maintaining the office’s organizational chart.

Grant Management and Reporting

Supportive Services provides financial and administrative support to all divisions within the office

working under grants and contracts. This support includes assisting with the preparation of grant

applications and budgets, interpreting grant language, making recommendation on implementation,

and fulfilling all grant reporting requirements, e.g., Financial Status Reports (FSR), Cost

Reimbursement Reports, Federal Cash Transactions Reports, and various programmatic reports.

During FY 2017, the office entered into over $4,458,033 in grants/contracts with DHHS-Medicaid

Fraud, Public Safety, Department of Justice, Food and Drug Administration, Mississippi Department

of Health, U. S. Customs, U. S. Department of Agriculture, Federal Bureau of Investigations, and U.

S. Marshals Service.

Purchasing, Property Management, Space Management

Supportive Services is responsible for all procurement of goods and services for the office in

compliance with the Department of Finance and Administration and ITS, including preparation of bid

specifications and local advertisement for certain goods, negotiation of building leases, office moves,

and space management.

2017 Annual Report


Supportive Services Division (Con’t)

Payroll

Supportive Services is responsible for processing a monthly payroll for 300+ full-time employees

utilizing the Statewide Payroll and Human Resources System (SPAHRS) inclusive of maintaining

direct deposit information and balancing/payment of deductions and for processing a bi-weekly

payroll for 70-100 individuals including interns, minors participating in alcohol and tobacco

enforcement, and other contractual workers.

Law Library

The law librarian is responsible for all library materials received by the office; handling book orders,

cancellations, and account inquiries/problems; verifying statements from book vendors; updating all

current library materials; and maintaining library records on the Inmagic database. The librarian also

maintains a directory of Westlaw passwords and trains employees on Westlaw, often assisting

attorneys in their legal research.

Management of Interagency Legal Services and Outside Legal Counsel

During FY 2017, the attorney general’s office entered into Memorandums of Understanding (MOUs)

to provide legal services to 75 state agencies. These MOUs were entered into rather than contracts

due to the passage of the Mississippi Budget Transparency and Simplification Act (Senate Bill

2362), which prohibits state agencies from charging another state agency a fee for services. Our

office, however, still maintains three legal services contracts with non-state entities. Supportive

Services prepares all MOUs and contracts, computes costs, maintains all MOUs and contracts on

file, makes adjustments when necessary, prepares invoices, and ensures collection of amounts

billed. Additionally, Supportive Services is responsible for ensuring the review and processing of all

outside legal counsel contracts.

Information Systems

The Information Systems (IS) staff provides software/hardware support for the office's Wide Area

Network (WAN). The WAN includes staff housed in the Walter Sillers Building, Bolden Office

Building, the North MS Office located in Houston, as well as staff housed in other state agencies. IS

provides assistance with Microsoft Office Suite software, online legal research and internet access.

The office supports and maintains its own web server which is regularly updated with press releases

and consumer news. The IS staff supports and creates reports for an in-house case management

system (CRIMES) that is used office-wide to track case information and time entry.

The IS staff also provide support for a state-wide case management system for the district attorneys.

The system is located at the attorney general's Jackson office.

2017 Annual Report


Agriculture Division

T he Agriculture Division performs legal services for the state's agriculture-related agencies,

including the Department of Agriculture and Commerce, Board of Animal Health, Fair

Commission, Farmer's Market, Mississippi Livestock Show, and the Land, Water, and Timber Board.

The attorneys in this division deliver a wide variety of services to their agencies, such as

representing the state in administrative proceedings, drafting legislation and regulations, conducting

litigation, giving advice in the procurement process, assisting with personnel matters, drafting

contracts, attending board meetings, and responding to requests under the Public Records Act.

The Consumer Protection Division of the Department inspects some 2,300 retail food

establishments annually and works to ensure that the consumer receives a quality product that

bears accurate identity, quantity, and cost information. In fiscal year 2017, Attorneys assist this

division in bringing administrative complaints against grocery stores and food vendors for violations

of the U.S. Food Code. Five administrative complaints were filed, resulting in the collection of

$8,700 in fines.

The Department of Agriculture regulates the sale of gasoline,

diesel, and kerosene, both at the retail and wholesale levels.

During FY 2017, AGO attorneys filed 70 administrative

complaints against petroleum distributors or retailers, resulting in

the collection of $16,500 in civil penalties.

The Department of Agriculture has a branch office in Starkville on

the Mississippi State University campus, which is called the

Bureau of Plant Industry. This office regulates the sale,

manufacture and application of

pesticides, herbicides, feed,

fertilizer, lime, seed, and soil

amendments. This office also grants

licenses to pest control operators, crop dusters, tree surgeons, plant

pathologists, and landscapers. During FY 2017, AGO attorneys

represented the Bureau in 61 administrative complaints, resulting in

the collection of $60,025 in civil penalties.

2017 Agriculture

2,300 retail food establishments inspected

$8,700 collected in fines

$16,500 collected in petroleum distribution/retail civil penalties

$60,025 collected in plant industry license civil penalties

Photo courtesy of: Journal

Communications / Miss. Agriculture

2017 Annual Report


Department of Corrections

S pecial Assistant Attorney General Darrell Baughn serves as legal counsel

to the Mississippi Department of Corrections (MDOC). MDOC has

approximately 2,163 employees who are responsible for overseeing 18,937

inmates, probationers, and parolees. Providing legal assistance to such a large

agency necessitates addressing numerous legal issues on a daily basis. The legal counsel

represents the agency in administrative, civil litigation, quasi-criminal litigation, petitions for

protective orders, and a high volume of inmate litigation proceedings. In addition, legal staff assists

MDOC with drafting and reviewing contracts, MOUs, policies, procedures and proposed legislation,

and responds to inquiries from prosecutors, judges, attorneys, victims, inmate family members, and

the public. MDOC provides training to judges, prosecutors, and its own staff on a wide variety of

legal topics from prison law to probation and parole issues. MDOC also has an extensive number of

cases on appeal. This fiscal year, MDOC successfully handled and won a large number of cases

involving the prospective application of HB585’s (enacted by the Legislature in 2014) provision for a

case plan, presumptive parole, and the annual set-off for parole hearings. Public record requests,

subpoenas for information, and public affairs issues require extensive legal involvement as they

often involve litigation. Special Assistant Attorney General Paul Barnes provides additional

assistance on many of these matters. Special Assistant Attorneys General assist MDOC on all legal

matters related to the operation of the agency (including employee and inmate matters) and

oversees agency compliance with existing court orders. Special Assistant Attorneys General Tommy

Goodwin and Benny "Mac" May provide invaluable assistance to MDOC with civil litigation matters in

federal court. MDOC also works closely with the Office of the Attorney General Habeas Corpus

division in defending inmate federal Habeas Corpus lawsuits and the Criminal Division when prison

issues arise in Post-Conviction Relief appeals.

Mississippi Development Authority

Special assistant attorneys general also serve as legal counsel to the Mississippi Development

Authority (MDA) and the Mississippi Major Economic Impact Authority (MMEIA). MMEIA was created

by the Legislature as a method of competing for major projects through statutory incentives to bring

new business and industry into the state and to assist existing Mississippi industries to expand.

MDA also competes for major projects using the Mississippi Industry Incentive Financing Revolving

Fund (MIIFRF). MDA assisted with numerous business location and expansion projects around the

state. Legal advice provided to the executive director and staff includes, but is not limited to, drafting

of special legislation, contracts, loan agreements, and security agreements between the State and

major companies and other related companies that relocate to Mississippi as a result of MMEIA and

MIIFRF projects.

2017 Annual Report


Mississippi Department of Education

F or fiscal year 2017, Raina Anderson Lee, Joseph Runnels, Erin Meyer, Chelsea Chicosky, and Leah Katherine Anzenberger served as legal

counsel to the State Department of Education and the State Board of Education.

State Board of Education

The legal staff provided legal advice to the State Board of Education on matters before the Board at its regular monthly and special-called meetings. Attorneys assisted in drafting board policies and any necessary revisions to those policies.

The State Board of Education is the governing board for the Mississippi School for the Deaf, the Mississippi School for the Blind, the Mississippi School for Mathematics and Science and the Mississippi School for the Arts. The attorneys representing the department and board reviewed and revised student handbooks and staff handbooks for all state schools and provided legal advice related to student and employment issues.

General Advice and Legislation

The legal staff provided legal research and general legal advice to the bureaus in the Department of Education on policy and regulatory matters, drafted and reviewed proposed legislation, met with legislators on education legislation and advised the department regarding legislation that will impact education. Attorneys analyzed pending state and federal legislation and advised the department on filing of policies with the secretary of state through the Administrative Procedures Act process. Attorneys also provided assistance to local school districts, responded to questions from school districts and school board attorneys, and responded to citizens’ questions and complaints.

Personnel Matters

The department legal staff handled personnel matters, including employee grievances, appeals before the Employee Appeals Board, and complaints filed before the Equal Employment Opportunity Commission. The legal staff assisted the department staff in the implementation of House Bill 454 (2014 Legislative Session) that exempted the department from the State Personnel Board procedures for two years. This legislation expired July 1, 2016.

Conservatorships and Consolidation of School Districts

There have been three state schools in conservatorship and under the authority and control of the State Board of Education during the 2017 fiscal year:

1. Aberdeen School District

2. Leflore County School District

3. Tunica County School District

Attorneys have worked with the department in reconstituting these school districts to include meeting with legislative representatives, mayors, and aldermen and working with the Office of the Governor to obtain Writs of Election. Attorneys for the department continue to counsel the board and the department in their efforts after a declaration of a state of emergency, the establishment of a conservatorship, and assuming control and administration of the following districts: Tunica County School District, Aberdeen School District, Leflore County School District. Attorneys have assisted the department in the consolidation of school districts by drafting board policy, preparing for and attending public meetings in the affected communities, incorporating citizen concerns into decisions made and working with the Performance Evaluation and Expenditure Review (PEER) Committee in the drafting of school board member lines.

2017 Annual Report


Mississippi Department of Education (Con’t)

Contractual Issues

Attorneys reviewed and drafted contracts (including memorandums of understanding and grant agreements), advised on legal issues, and assisted in the negotiation of contractual terms.

State Longitudinal Data System

Individual state agencies and state entities are required to send data from their internal systems to the Statewide Longitudinal Data System. Attorneys provided general advice to the department related to the submission of data to the State Longitudinal Data System.

Public Records Requests

Attorneys responded to public records requests and advised the department on the Public Records Act, the Family Educational Rights and Privacy Act, and other privacy issues.

Special Education Issues

Attorneys reviewed and drafted contracts, memorandums of understanding/agreement, and interagency agreements; provided general advice on policy and regulatory matters; responded to public records requests; analyzed pending state and federal legislation; provided legal research and general legal advice regarding the Individuals with Disabilities Education Act of 2004 (“IDEA”), Family Educational and Privacy Rights Act, and Section 504; and made legal presentations regarding IDEA and/or State Board Policy 7219.

Additionally, attorneys continued to advise the Office of Special Education with regard to the Annual Performance Report filed with the United States Department of Education pursuant to the IDEA. Attorneys also assisted the Office of Special Education with the resolution of individual and class complaints filed under the IDEA.

The attorneys also worked collaboratively with the Office of Civil Litigation in cases pending in U.S. District Court, Hinds County Chancery Court, and in negotiating with the United States Department of Justice.

Commission on School Accreditation

The Commission on School Accreditation continually reviews the standards on accreditation of public school districts as well as the enforcement of standards and makes recommendations to the State Board of Education. The commission also hears cases regarding the withdrawal of the accreditation of schools and determines if an extreme emergency situation exists in school districts that jeopardize the safety, security, or educational interests of children in the district. Attorneys represented the Commission on School Accreditation at its meetings and hearings.

2017 Annual Report


Mississippi Department of Education (Con’t)

Commission on Teacher and Administrator Education, Certification and Licensure and Development

The Commission on Teacher and Administrator Education, Certification and Licensure and Development makes recommendations to the State Board of Education regarding standards for the certification and licensure and continuing professional development of those who teach in the public schools of Mississippi. The Licensure Commission also conducts disciplinary cases regarding education misconduct. Attorneys represented the commission at its meetings and disciplinary hearings.

Opinions of the Attorney General

The department attorneys drafted official opinions of the attorney general related to education. The attorneys also conducted seminars on school law for school board attorneys, school district personnel, and education leadership classes for teachers obtaining advanced degrees.

2017 Annual Report


Mississippi Department of Finance and

Administration

S pecial Assistant Attorneys General Romaine L. Richards and Edward Wiggins serve as legal counsel

to the Department of Finance and Administration and its divisions. As counsel for these entities, Ms.

Richards and Mr. Wiggins represent the department in administrative and civil litigation proceedings and

draft and review contracts, policies, procedures, and proposed legislation. Both attorneys provide legal

advice on a diverse set of issues. Legal matters include but are not limited to: employment law,

contractual issues, construction law, garnishments, bankruptcies, public records requests, open meetings,

public purchasing, real property, and bid protests.

Ms. Richards provides assistance to the executive director on legal matters relating to the department,

including the preparation of the State’s Comprehensive Annual Financial Report (CAFR) and to the Health

Insurance Management Board, which governs the State and School Employees’ Health and Life

Insurance Plan. She also serves as general counsel to the State Bond Commission. In addition to these

duties, Ms. Richards provides counsel and representation to the Department of Finance and

Administration on matters pertaining to: the Office of Budget and Accounting (responsible for budgeting,

accounting, purchasing, and payroll functions), the Office of Fiscal Management (responsible for providing

oversight and assistance to other state agencies to insure compliance with state laws, rules, and

regulations), the Office of Capitol Facilities (responsible for providing security and maintenance for the

buildings located within the capitol complex), the Office of Capitol Police, the Office of Surplus Property

(state and federal), the Office of Information Technology (responsible for the management of data

processing of the DFA), the Office of Insurance (administers the State and School Employees’ Health and

Life Insurance Plan), the State Agencies’ Self Insurance Workers’ Compensation Pool, the Employment

Compensation Revolving Fund, the Office of Personnel and Training, and the Office of Air Transport

(provides air transportation to all state government entities).

Mr. Wiggins serves as counsel to the Bureau of Building, Grounds, and Real Property Management (BOB)

(administers funds for construction and maintenance of state-owned facilities and real property). He is

responsible for reviewing both construction and professional contracts for all projects under the control of

the Bureau of Buildings, providing legal advice during the progress of construction projects and other real

property transactions, counseling on procurement matters, and other related issues. Mr. Wiggins also

advises the Public Procurement Review Board, which approves procurement by state entities and hears

protests and contract disputes generating from those procurements, and the Office of Purchasing and

Travel, and Fleet Management, which serves as the State Procurement Office on legal matters regarding

procurement, statutes, regulations, contracts, policies and procedures, protests, the state’s Master Lease

Purchase Program, and the acquisition and use of state vehicles.

2017 Annual Report


Mississippi Forestry Commission

T he Forestry Commission offers a variety of forest management services to private and non-

industrial land owners. The commission also actively manages much of Mississippi’s public

timberland, including Sixteenth Section school lands and state parks. By statute, the Forestry

Commission has the primary duty of wildfire suppression. Forestry Commission crews suppress

wildfires occurring day or night on nearly 17 million acres of timbered and uncultivated land.

Role of the Agency Attorney

The attorney assigned to the agency provides advice and assistance to the Forestry Commission in all areas of its

operations where legal counsel is needed. This can be divided into areas of personnel, purchasing, accounting, fire

protection, timber management, and general administration. The attorney assists with all aspects of personnel actions and

discipline, assists with questions regarding the purchasing laws and procedures, and is involved as needed with questions

regarding the interpretation of the regulations dealing with payroll, bid laws, ethics laws, and contract disputes. The attorney

also reviews and drafts contracts as needed.

Mississippi Gaming Commission

T he Gaming Division is charged with representing the Mississippi Gaming Commission in all legal

matters and generally carrying out the legislative mandate and state public policy as it applies to the

gambling laws of Mississippi. In general, this mandate is to maintain the public trust and confidence in a

well-regulated gaming environment. Therefore, the Gaming Division approaches its responsibilities in a

multifaceted manner that includes regulatory advisement, criminal enforcement, and public outreach. As

the gaming landscape evolves beyond the days of riverboat gamblers, the regulation of gaming has

become increasingly challenging.

In its regulatory capacity, the Gaming Division processed 28 work permit matters, arguing 23 before a

hearing examiner. The division oversaw 21 disputes between patrons and casinos, two of which are

currently on appeal. The division is currently representing the agency in five appeals of Commission

decisions from the last fiscal year.

Also, the division has been involved in the changing face of gaming in the state. A number of new

regulatory hurdles have been presented by modern gaming technology, including skill -based slot machines

and social gaming platform integration. Additionally, fantasy sports became legal, and the division created

the regulatory framework to oversee this new industry. In the coming year, this evolution will continue as

the Legislature and attorneys from the division examine a potential lottery. The ultimate goal is to continue

to ensure that Mississippi operates a healthy gaming industry within the statutes and regulations of this

state.

To maintain public confidence in regulated gaming, the Gaming Division has attempted to find more

creative ways to broaden the understanding of the criminal element involved in illegal gaming. This has

included communication with local prosecuting authorities as well as assisting in education initiatives for

local law enforcement. When requested, the division will engage in active assistance in the prosecution of

illegal gaming. The division currently has two active racketeering indictments it is pursuing in circuit court.

Gaming Division attorneys provide assistance on a daily basis to the general public with requests for public

records and basic information related to gaming in Mississippi, including inquiries by charitable

organizations regarding raffles and bingo.

2017 Annual Report


Mississippi Department of Health

T he Health Law Section of the Office of the Attorney General represents the

Mississippi State Department of Health and its governing body, the

Mississippi State Board of Health. Special Assistant Attorneys General, Ingrid

Dave Williams, Ellen O'Neal, Cassandra Walter, and Teselyn Funches provide

legal counsel to the board, the state health officer (who serves as executive

director of the department), the department's various divisions, three public health regions, and 86

county health departments.

General Advice

During the past year, the four attorneys in this section provided legal advice and assistance to

the Department of Health in a wide variety of areas including, but not limited to, the

consolidation of the department from nine health districts to three health regions, the

department’s efforts to become nationally accredited by the Public Health Accreditation Board

(PHAB), the operational transformation of the Health Department, conducting meetings under

the Open Meetings Law, drafting proposed legislation and proposed amendments to

regulations, assisting with compliance with the Administrative Procedures Act, assisting with

the enforcement of orders for the promotion of public health, reviewing the disclosure of

documents under the Public Records Act, HIPAA compliance issues, reviewing and

negotiating contracts and resolving contract disputes, providing planning and policy assistance,

preparing attorney general's opinions on questions posed by the department, and responding

to inquiries from Department of Health staff and members of the public on public health-related

matters.

Certificate of Need and Health Planning

In the Certificate of Need (CON) Program, our attorneys assisted the Division of Health Planning on

procedural and evidentiary matters at administrative hearings. The attorneys also provided ongoing

legal advice in matters including, but not limited to, requests for declaratory rulings under CON law,

review of changes of ownership of health care facilities, and legal review of staff analyses of new

projects proposed under CON law. The legal staff also assisted with the implementation of new

Certificate of Need Review Regulations and provided advice with regard to Rural Health laws and

regulations.

Childcare and Professional Licensure

The attorneys represented the agency in administrative hearings to determine the qualifications of

applicants and disciplinary hearings, which may have resulted in suspension or revocation of the

license or registration of the following: child care centers, occupational therapists, occupational

therapy assistants, dieticians, respiratory care practitioners, medical radiation technologists, hearing

aid dealers, athletic trainers, speech-language pathologists, speech-language pathologist aides,

audiologists, audiologist aides, art therapists, eye enucleators, hair braiders, tattoo operators and

facilities, and body piercing operators. Additionally, the attorneys reviewed criminal history records

and determined eligibility for persons applying to work in child care facilities.

2017 Annual Report


Mississippi Department of Health (Con’t)

Emergency Planning and Response

The Health Law Section provided legal advice to the department in matters pertaining to the

licensure and regulation of emergency medical technicians and emergency medical (ambulance)

services and represented the department at disciplinary proceedings. The legal staff continues to

provide legal advice and assistance to the department in the operation of the Mississippi statewide

trauma system, Stroke System of Care, and the ST-Elevation Myocardial Infarction (STEMI) System

of Care.

Environmental Health

The legal staff provided advice to and represented the Bureau of Environmental Health at

administrative hearings in the areas of boiler and pressure vessel safety, radiological health, food

sanitation, general sanitation involving regulation of wastewater, institutional sanitation, milk

sanitation, water supply involving enforcement of the Mississippi Safe Drinking Water Act, and

certification of operators of water systems.

Health Facilities Licensure and Certification

The attorneys in the Health Law Section provided ongoing legal counsel to the Bureau of Licensure

and Certification in areas including, but not limited to, utilization review, licensure of hospitals, long-

term care facilities, personal care homes, ambulatory surgical facilities, abortion clinics, hospice, and

home-health care providers.

The legal staff represented the department in administrative hearings against certified nurse aides

charged with abuse and/or neglect of residents in long-term care facilities and in hearings regarding

the denial or revocation of licenses. The attorneys also assisted the department in the closure of

personal care homes operating in violation of the licensure regulations.

Human Resources

Legal staff provided advice regarding human resources matters, represented the agency before the

Employee Appeals Board of the Mississippi State Personnel Board and the Equal Employment

Opportunity Commission (EEOC), and continued to ensure compliance with state and federal

employment and labor laws.

Vital Records

During the past year, this section responded to numerous chancery court complaints to correct birth

certificates and other vital records. The legal staff also assisted attorneys and members of the

public with issues regarding vital records amendments and corrections.

Epidemiology and Communicable Diseases

The Health Law Section represented the department in administrative and court actions to enforce

tuberculosis quarantine measures and to compel hospitalization and treatment for those with active,

infectious, communicable diseases.

http://msdh.ms.gov/msdhsite/_static/44,0,397,689.html

http://msdh.ms.gov/msdhsite/_static/44,0,397,690.html

2017 Annual Report


Human Services Division

T he Human Services Section of the Attorney General's Office provides legal assistance

to the Mississippi Department of Human Services (MDHS), Mississippi Department of

Child Protection Services (MDCPS), and its 82 county offices providing services through

assistance to needy and disadvantaged individuals and families found or living in the state of

Mississippi. The Legal Section offers legal counsel, advice, and representation to the

executive director, commissioner, deputy commissioners, division directors, managers, supervisors, and other

employees in matters relating to child protective services, adult protective services, family support services, child

support enforcement, and in developing and enhancing service delivery tools.

Special Assistant Attorneys General represented MDHS and MDCPS before various administrative and judicial

bodies, conferred with MDHS and MDCPS on the agency's legislative needs, wrote advisory opinions, continuously

replied to questions from MDHS' and MDCPS' service recipients, providers of services, public officials and the

general public; consulted on child support matters; acted on records requests pursuant to subpoenas, subpoena

duces tecum, and the Public Records Act; and assisted with tort claims. The legal staff worked with MDHS and

MDCPS in providing for the care of children with mental illnesses or multiple disorders as well as children requiring

interstate placement.

Contractual procurement agreements and partnerships remain essential to MDHS’ and MDCPS’ service

delivery system. During fiscal year 2017, the Human Services Division:

Reviewed, revised, drafted, and/or negotiated more than 750 contracts, subgrants, requests for proposals, memoranda of understanding, and other agreements.

The Division of Youth Services (DYS) administers the community services and institutional programs for

juveniles who have been adjudicated delinquent in Mississippi youth courts or who are at risk of becoming

delinquent. DYS provides professional counseling, probation supervision, and related services to children in

their home communities, as well as education, rehabilitation, and treatment services to children committed to

institutional care. The Department reviewed 113 contract modifications and/or new services

contracts.

Subgrants between the Division of Community Services and community action agencies/human

resource agencies allowed MDHS-MDCPS to provide assistance to the elderly, disabled, and

children through Weatherization, CSBG, and LIHEAP programs.

Contracts

Division of Youth Services

Division of Community Services

2017 Annual Report


The Division of Aging and Adult Services protects the rights of older citizens while expanding their

opportunities and access to quality services. It also plans, coordinates, advocates for, and ensures

the provision of services to all older Mississippians. This division oversees the Adult Protective

Services program, which investigates reports of suspected abuse, neglect, and exploitation of

vulnerable adults who reside in private home settings. The attorneys represented the Division of

Aging and Adult Services in obtaining emergency and essential conservatorship, emergency orders

for the provision of protective services on behalf of abused, neglected, and/or exploited vulnerable

adults, as well as provided technical assistance. Legal counsel handled 10 vulnerable adult cases

along with eight vulnerable adult conservatorships.

The Division of Family and Children’s Services provides a safety net for children who have been

abused and/or neglected; however, it is also their responsibility to reunite these children with their

parents. When the effort failed or was not possible, MDHS referred the cases to the legal section for

Termination of Parental Rights (TPR).

Division of Aging and Adult Services

Division of Family and Children’s Services

Fiscal Year 2017:

350 new TPR cases involving 546 children were referred to the legal

section

Of those children, Attorney General and MDCPS attorneys obtained court

orders terminating parental rights of 392 children thus allowing the

opportunity for adoption

370 legal clearances completed for the adoption unit allowing children to

be adopted by loving families

20 administrative fair hearings conducted involving persons whose names

appeared on MDHS/MDCPS Child Abuse/Neglect Central Registry

This legal section worked with MDHS and MDCPS to locate placements for hard-to-place children

such as those with mental illness and behavioral problems.

Human Services Division (Con’t)

2017 Annual Report


Information Technology Services

Human Services Division (Con’t)

2017—Division of Human Resources

Handled 18 personnel cases for MDHS

Responded to more than 216 subpoenas and summons

Responded to 42 open public records request

Processed more than 292 writs of garnishments and other wage withholding

matters

Handled 13 EEOC cases

Handled more than 105 general correspondence cases

2017—Correspondence/Webmail

Handled 181 request and complaint cases for MDHS and MDCPS

D uring this past fiscal year, Special Assistant Attorneys General Donna Nead Rogers and Jay

Woods served as legal counsel to the Mississippi Department of Information Technology

Services (“ITS”). During this period, they drafted and/or negotiated 363 contracts of various types

(software licenses, software development contracts, turnkey agreements, purchase contracts,

maintenance contracts, leases, application service provider contracts, and professional services

contracts) with providers of data processing and telecommunications hardware, software, and

services. Some of those contracts involved projects for: an in-car video camera system for

Mississippi Department of Public Safety (“MDPS”), a co-location data center solution for ITS, an E-

ticket solution for the Mississippi Fair Commission, an automated fingerprint identification system for

MDPS, and statewide paging services for the University of Mississippi Medical Center. In addition to

contract negotiations, the attorneys provided legal advice to the executive director and staff of ITS

and responded to garnishments and public records requests.

2017 Annual Report


Institutions of Higher Learning (IHL) Division

L eigh H. Patterson, Stephanie Ganucheau, and Sara DeLoach serve as

legal counsel to the Board of Trustees of State Institutions of Higher

Learning (IHL), the Commissioner of Higher Education, the eight state

institutions of higher learning, as well as various other public agencies

associated with the board. Additional university campus attorneys have

been hired by Jackson State University, Mississippi State University, Mississippi University for

Women, The University of Mississippi, The University of Mississippi Medical Center, and The

University of Southern Mississippi. Patterson, Ganucheau, and DeLoach coordinate activities

with each campus attorney and participate in joint efforts maximizing the legal representation

available to the various institutions of higher learning in Mississippi. Katie Lusk also served as a

special assistant attorney general with the Universities Division until her resignation in March

2017. As a result of the reorganization that occurred earlier this year combining for

administrative purposes the AG staff assigned to the agencies located along Eastover Road,

the Universities Division has enlisted the services of Special Assistant Attorney General Jay

Woods. Woods is primarily assigned to the Mississippi Department of Information Technology

Services; however, he also assists the Universities Division with IT-related contracts as well as

other legal matters.

Patterson, Ganucheau, and DeLoach are active in the management of litigation involving

higher education. The division receives inquiries from students and parents and assists in

resolving problems relating to the institutions. The attorneys in this division work closely with

the faculty, staff, and administrators of the eight state universities. In addition, the attorneys in

this division are the actual campus counsel for Alcorn State University, Mississippi Valley State

University, and Delta State University. As such, they review contracts, policies, and handbooks;

provide advice on personnel and student matters; and assist with due process hearings.

The IHL Board Offices and the Institutions of Higher Learning, pursuant to legislative

authorization, operate under the Mississippi Tort Claims Act separately from the administration

provided by the State Tort Claims Board. The Universities Division works closely with the IHL

Insurance and Risk Management Division and plays a vital and significant role in the evaluation

and disposition of tort claims filed thereunder. This Division of the Attorney General’s Office

provides a myriad of other legal services to the agency, including, but not limited to, the

following:

2017—Legal Division, Institutions of Higher Learning

Provided legal advice and assistance to numerous construction and

renovation projects developing facilities on and off campus for each of

the institutions

Assisted the University Press of Mississippi with various intellectual

property and contractual issues

2017 Annual Report


Institutions of Higher Learning (IHL) Division (Con’t)

2017—Legal Division, Institutions of Higher Learning

Assists the State Office of Student Financial Aid with the development of and

amendments to the contracts, notes and regulations for the various types of financial aid

which it administers

Represents Mississippi Automated Resource Information Systems and reviews their

contracts with other agencies

Works closely with bond counsel in the issuance of bonds by the institutions’ educational

building corporations

Works closely with the Commissioner of Higher Education in drafting new policies and

bylaws for the Institutions of Higher Learning

Serves as in-house counsel to the Mississippi Commission on College Accreditation

which has offices located in the Education and Research Center

Advises IHL on Ayers implementation issues in furtherance of the settlement of that

lawsuit

Works closely with the IHL Board Office of Human Resources advising on various

employment issues

Works closely with the IHL Office of Contracts and Grants reviewing and/or drafting all

contracts for that office

Represented and advised GEAR-UP in all legal matters

Represents and advises America Reads-Mississippi in all legal matters

Works closely with the IHL Finance and Academic Departments, as well as with the Real

Estate and Facilities Department addressing various legal issues

Serves as counsel to the Mississippi Library Commission

2017 Annual Report


Mississippi Department of Insurance

T he Attorney General's Insurance Division provides legal support for the Mississippi

Department of Insurance (Department). The department primarily regulates the

business of insurance in the state and, in that respect, is responsible for administering

Title 83 of the Mississippi Code. There are currently over 1,883 insurance companies and

over 106,000 insurance producers (agents or agencies) licensed in the state. The

department also licenses bail bondsmen, with some 1,668 professional bail agents, bail

soliciting agents, and bail enforcement agents in the state.

The Commissioner of Insurance is the chief officer of the department and serves by statute as state fire marshal.

The state fire marshal's office, a division of the department that has law enforcement authority, is directed by the

State Chief Deputy Fire Marshal. This office conducts arson investigations and fire code inspections throughout

the state. It is also the state licensing authority for factory-built homes, residential electronic protection systems,

and liquefied compressed gas dealers, issuing over 25,000 licenses annually. Further, the office oversees Fire

Services Development, Fire Safety Education, and pyrotechnics permits at the state level. Another department

division is the State Fire Academy. The academy, which is located on a 112-acre-complex in Rankin County,

trained over 16,677 students in basic and advanced fire fighting, hazardous materials, and rescue techniques.

The Fire Academy, in partnership with the Mississippi Public Service Commission Pipeline Safety Division, is

also home to Safety City, a new natural gas training facility.

The department is also responsible for the regulation of safety conveyances. As part of its statutory duties, the

department has established: minimum standards that safety conveyances must meet, a program to issue permits

for new construction and renovations that involve safety conveyances, a registry of all safety conveyances in this

state, and a licensing program to license elevator mechanics, inspectors, and contractors. The department issues

approximately 500 licenses annually.

During the 2016 legislative session, the department drafted and submitted proposed legislation that became the

Mississippi Bail Bond Industry and Transparency Act. This act provided much needed transparency and

accountability to the bail bond industry. Members of the department legal staff worked with the department IT

Division in developing and establishing MSBondSource, an online web-based program that contains a statewide

Electronic Bondsmen Registry of each licensed bail agent and bail soliciting agent writing bail bonds, and the Bail

Bond Database which provides a record of all bail bonds written monthly.

The Legal Division advises and represents the department on all matters within its purview, including, but not

limited to, representing the commissioner in receiverships, liquidations, and insolvencies of insurance companies;

assisting with company action and statutory compliance matters, including company formations, mergers,

acquisitions, disclaimers of affiliation, and re-domestications of insurers; holding disciplinary actions against

companies and agents; assisting in the review of company form and rate filings; assisting in consumer complaint

investigations and insurance producer investigations; performing the drafting and review of all contractual

matters and any Requests for Proposals; drafting of department regulations and bulletins; providing legal counsel

to MID and the State Fire Academy regarding personnel matters; preparing and assisting with the drafting and

passage of the MID’s Legislative Packet; and serving as counsel for Commissioner of Insurance, State Fire

Marshal Division, Liquefied Compressed Gas Division, Mississippi State Fire Academy, and the Minimum

Standards Board.

Special Assistant Attorneys General Linda Boozer, Kim Causey (Division Director), Mark Lampton, and Michelle

Partridge are members of the Insurance Division. There are also two department staff attorneys and a

department legal secretary who work under the direct supervision of the division director.

2017 Annual Report


Mississippi Department of Marine Resources

T he Mississippi Department of Marine Resources (MDMR) manages Mississippi coastal

resources through the authority of the Commission on Marine Resources (MCMR). It

manages all marine life, public trust wetlands, adjacent uplands, and waterfront areas for the

long-term recreational, educational, commercial, and economic benefit of everyone.

Special Assistant Attorneys General Sandy Chesnut, Sean Morrison, and Faye James advance MDMR’s mission as

general counsel to the MDMR and the MCMR. Their duties include:

Drafting legislative amendments to marine resources-related statutes and MCMR regulations

Coordinating defense with outside counsel on tort claims

Drafting and reviewing contracts, memoranda of agreement, and memoranda of understanding

Handling employee law issues, including EEOC complaints and employment grievance cases appealed to the

Mississippi Employee Appeals Board

Pursuing enforcement of non-compliance with the MCMR’s wetlands restoration orders and derelict vessel removal notices

Prosecuting judicial and administrative forfeiture of seized illegal equipment

Counseling the executive director and the MCMR during commission meetings

Interpreting laws, regulations, policies and other controlling authorities (e.g., Mississippi Coastal Program and federal

environmental laws)

Advising MDMR personnel and the MCMR on compliance and enforcement issues

Drafting official Attorney General Opinions applicable to the MCMR and MDMR

Identifying and disseminating legal reference materials applicable to the MDMR and MCMR’s duties and responsibilities

Defending the MCMR and MDMR’s actions and orders which are the subject of appeal, a duty that includes preparing

the record and pleadings and making oral arguments to appellate courts

Heritage website

Employment actions

Commission meetings

Gulf Publishing

Ratcliff

BP public records requests

Ethics hotline

Defined shoreline

Legal authority for purchasing insurance

Legislation

CZM violations

Drone regulations

Revised for-hire bylaws

MPC

SOS regarding Deer Island Pier

State of the Coast

BU in kind contracts

Records retention

Dealing with HB 825

Oyster resource support

Legal Division—Provides Legal Counsel and Assistance For:

2017 Annual Report


T he Mississippi Division of Medicaid (DOM) has approximately 1,000

employees located in one central office, 30 regional offices, and more than

90 outstations throughout the state, all working together to responsibly provide

access to quality health coverage for vulnerable Mississippians. DOM services

nearly one in four Mississippians who receive Mississippi Medicaid health

benefits through regular Medicaid, CHIP, or MississippiCAN. The combined state and federal budget

amounts total more than $5 billion.

During fiscal year 2017 (FY17), DOM was represented by Special Assistant Attorneys General

Paige Biglane, Patrick Black, Stephanie Evans, Fran Ingram, and Pat Zimmerman. Fran Ingram and

Stephanie Evans left the AG’s office in September and December of 2016, respectively. Pat

Zimmerman was on staff from January to April of 2017. The attorneys represented DOM on a variety

of matters including personnel issues, procurements and contracting, statutory and regulatory

issues, administrative hearings, public records requests, privacy and security related issues, open

meetings issues, recovery efforts, garnishments, levies, bankruptcies, and tax liens.

Patrick Black and Fran Ingram handled DOM’s subrogation matters and estate recovery cases and

successfully recovered $1,387,995.91, and $504,754.08, respectively. Also, recovery amounts for

special needs and income trusts totaled $806,205.94. Paige Biglane, Stephanie Evans, and Pat

Zimmerman advised DOM’s public information officer on more than 100 requests for information and

represented DOM on all cases in which various DOM contractors sought protection from the court in

order to prevent the release of third party information pursuant to the Mississippi Public Records Act.

Paige, Stephanie, and Pat also responded to all subpoenas and worked closely with DOM’s privacy

and security officers.

Paige Biglane continued to serve as chief counsel for DOM. As chief counsel, Paige is a member of

the senior cabinet at DOM and provides counsel to the executive director and senior staff on a

variety of matters, including interpretation and implementation of DOM's federal and state statutory

and regulatory requirements. Over the past year, the chief counsel continued working with attorney

general officials and outside counsel regarding the state of Mississippi's mental health system

litigation with the U.S. Department of Justice. The chief counsel also advised DOM’s Office of

Procurement, reviewed and approved more than 250 professional service and contract worker

contracts, lease agreements, drug rebate agreements, and service agreements, and completed the

negotiation of the new fiscal agent contract. The chief counsel provided assistance to special

counsel retained by the attorney general to pursue state claims against pharmaceutical

manufacturers and coordinated with outside counsel to handle all Medicaid provider and beneficiary

appeals in state and federal court. Finally, the chief counsel assisted with the drafting and updating

of DOM's Administrative Code, the Mississippi State Plan, and all internal agency policies.

In addition to administrative hearings, the attorneys also represented DOM in matters before the

Employee Appeals Board, the EEOC, United States Bankruptcy Court, and other state and federal

courts. The attorneys performed legal research and advised agency staff on a multitude of complex

Medicaid issues, including a host of provider and beneficiary matters.

Division of Medicaid

2017 Annual Report


Department of Mental Health

S pecial Assistant Attorney General Bill Rosamond serves as legal counsel for the

Mississippi Department of Mental Health and the State Board of Mental Health. The

Department of Mental Health operates a statewide system of prevention, service, and

support options for adults and children with mental illness or emotional disturbance,

substance use disorders, and/or intellectual or developmental disabilities. Mr.

Rosamond’s duties include: representing the department and its behavioral health and

intellectual and developmental disability programs in court proceedings involving civil commitments, seeking the

conditional release of individuals found not guilty by reason of insanity but held by courts for treatment at the

department’s programs, establishing conservatorships, and general litigation; attending monthly meetings of the

State Board of Mental Health and providing legal advice to the executive director and the board; acting as a

liaison between the department and judges, prosecutors, and attorneys when questions arise concerning the

placement of minors and adults with mental illness and intellectual or developmental disabilities; collaborating

with department staff to develop and implement policies and procedures; and reviewing contracts. Mr.

Rosamond also assists outside counsel with the State’s defense in Olmstead litigation involving the Department

of Mental Health. Mr. Rosamond serves as a public member of the Discharge Advisory Committee and

Institutional Review Board at Mississippi State Hospital.

D uring fiscal year 2017, Special Assistant Attorneys General Philip Huskey, Philip Hollimon, and Marcial Forester

served as legal counsel to the Pearl River Valley Water Supply District (PRV), and Pam Brooks, Jane Berry, and

Kelley Sweat served as paralegals. Members of the PRV legal team attend monthly PRV committee and board

meetings and provided legal advice to the executive director, staff, and the Board of Directors of PRV. The team

prepared commercial leases, various legal forms, correspondence, and research memos. The unit assisted with title,

bond and tax sale problems relating to PRV property. Title work was performed in Madison, Rankin, and Leake

counties, as well as recording and releasing Lis Pendens notices.

More than 700 lease assignments, lease renewals, and various other contracts were negotiated or drafted. Some of

those documents included agreements with other state and federal agencies for utilization of PRV property and

agreements with private corporations regarding other matters, such as the location of transmission equipment for

wireless communication and fiber optic lines. Meetings were attended that involved some of the approximately 6,200

lessees of PRV property. Members of the legal office participated in contract negotiations with developers and other

potential lessees of agency property. The PRV legal staff also responded to numerous public records requests,

participated in conferences relative to property owned by PRV, and filed submissions to the Secretary of State’s Office

concerning agency regulation changes. Furthermore, the PRV legal staff negotiated inter-local agency agreements,

contracts, and franchise agreements with surrounding governmental entities and private parties.

On the litigation front, delinquent lease fees, both residential and commercial, were collected as were delinquent rental

fees for agency campgrounds. Numerous lawsuits were initiated and brought to successful conclusions regarding

delinquent lease fees and property maintenance code violations. In other litigation matters, the special assistant

attorneys general detailed to the PRV continued implementation of the settlement agreed to by the parties in Bobby L.

Baker Jr., et al v. Pearl River Valley Water Supply District. In addition, the attorneys have continued to provide advice

and counsel for the Reservoir Police.

Pearl River Valley Water Supply District

2017 Annual Report


State Personnel Board

S pecial Assistant Attorney General Heather S. Deaton served as counsel to

the Mississippi State Personnel Board (MSPB). As counsel, she provided

legal advice to the MSPB, the Personal Service Contract Review Board

(PSCRB), and the Employee Appeals Board (EAB). At the MSPB, Ms. Deaton

supported the executive director and agency staff in performing their statutory

duties of managing and improving the central personnel agency for state

government. Ms. Deaton provided legal counsel regarding the application of state and federal law to

MSPB policy and assisted in developing and revising all MSPB policies and procedures.

Furthermore, she provided assistance to the MSPB and other state agencies regarding specific

employment and human resources issues, such as: personal, medical, compensatory, donated,

administrative, and military leave; wage and hour practices; accommodation of disabilities; and

employee discipline. Ms. Deaton also advised the MSPB on the Open Meetings Act, Public Records

Act, garnishments, Administrative Procedures Act filings, internal contracts/agreements, Federal

Labor Standards Act, Federal Medical Leave Act, Uniformed Services Employment and

Reemployment Rights Act, any other employment law issues, and in responding to legislative

inquiries. She reviewed all legal services contracts submitted to the MSPB for approval and

presented the contracts at the monthly board meetings. Additionally, Ms. Deaton represented the

MSPB in all litigation matters and served as the liaison between the MSPB and the Office of the

Attorney General. As counsel to the PSCRB, she supported the executive director and agency staff

in performing their statutory duties related to personal and professional service contracts entered

into by state agencies to ensure compliance with state law and PSCRB rules and regulations. Ms.

Deaton also provided legal advice to the PSCRB at their monthly board meetings and assisted in

developing and revising all PSCRB rules and regulations. She also provided legal advice to the EAB

at their full board meetings and assisted the EAB in researching legal questions regarding the

employee grievance and appeals process.

Professional Licensure and Regulatory Section

2017 Professional Licensure and Regulatory Section Highlights

Received ratings of "very good" or "excellent" for 100% of legal services from state

agencies

Saved taxpayers at least $20,036,213.42 by this office representing state

agencies rather than hiring outside legal counsel

T he Professional Licensure and Regulatory Section of the State Government Division of the

Attorney General’s Office consists of Deputy Attorney General Onetta Whitley and

Assistant Attorneys General Leyser Morris-Hayes, Jeffrey Jernigan, and Gloria Green. It is

charged with providing legal representation to the various professional licensing and regulatory

boards and commissions of the state of Mississippi.

2017 Annual Report


S pecial Assistant Attorney General Jane Mapp serves as legal counsel to the Public Employees'

Retirement System of Mississippi (PERS). PERS is responsible for administering the Public

Employees' Retirement System, the Mississippi Highway Safety Patrol Retirement System, the

Government Employees' Deferred Compensation Plan, the Mississippi Municipal Retirement Systems,

the Supplemental Legislative Retirement Plan, the Retiree Group Life and Health Benefits, the

Optional Retirement Plan for the Institutions of Higher Learning, and the Federal-State Agreements

providing Social Security coverage to eligible governmental employees.

Ms. Mapp provides counsel, guidance, and legal updates to the PERS Board of Trustees, executive

director, and staff regarding the application of the laws and regulations that govern the administration

of PERS and the separate plans it administers. Such issues include membership eligibility, service

credit, benefits, disability, beneficiary disputes, refunds, investments, fiduciary responsibility, and the

impact of state and federal legislation on PERS. Ms. Mapp also represents PERS at administrative

hearings and in appeals to the circuit court and Mississippi Supreme Court relative to disability claims

and other administrative claims. PERS is presently a party in over 20 appeals before the circuit court,

Mississippi Court of Appeals, or Mississippi Supreme Court.

Ms. Mapp's duties also include drafting, reviewing, and negotiating contracts for procurement,

personal service, and investment-related matters as well as ensuring the governmental status of

entities requesting membership in the system, assisting outside counsel on securities litigation cases,

assisting the PERS personnel director with employee matters, and assisting in the drafting of

legislation and agency regulations.

Professional Licensure and Regulatory Section (Con’t)

Representation includes, but is not limited to, providing general counsel and advice, representing agency

staff in administrative hearings, serving as hearing officers in administrative proceedings, handling a variety

of personnel issues (including employee discipline and equal employment compliance), and advising on

matters pertaining to rule making. In addition, this section represents the various agencies in courts of law

on matters of injunctive relief, some civil litigation, and appeals from administrative decisions.

Attorneys represent agencies, including the state boards for: Professional Engineers and Land Surveyors,

Public Accountancy, Dental Examiners, Psychology, Cosmetology, Funeral Service, Mississippi

Auctioneer Commission, Real Estate Appraiser Licensing and Certification, Licensed Professional

Counselors, Massage Therapists, Physical Therapists, Fire Fighter Certification, Commercial Mobile Radio

Services, Home Inspectors, and several others. In addition to providing general counsel to the professional

licensing agencies, the section also provides general counsel to a variety of other state agencies in the

executive branch of government, including Mississippi Emergency Management Agency, Mississippi

Authority for Educational Television, Mississippi Industries for the Blind, the Athletic Commission, and

others.

This year the legal services provided to agencies via contractual agreements between the agencies and

the Office of the Attorney General resulted in an estimated savings of $20,036,213.42 in legal costs.

Public Employees’ Retirement System (PERS)

2017 Annual Report


Department of Rehabilitation Services

S pecial Assistant Attorney General Ryan Toms represents the Department of Rehabilitation

Services which includes: the Office of Vocational Rehabilitation, the Office of Vocational

Rehabilitation for the Blind, the Office of Disability Determination Services, the Office of Special

Disability Programs, Support Services, and the State Board of Rehabilitation Services, which is the

department’s governing entity.

In his capacity as legal counsel, he advises the board and department regarding in-house

employment and personnel issues and represents the agency before the Equal Employment

Opportunity Commission, Employee Appeals Board, and the Employment Security Commission. He

also advises and represents the agency concerning open meetings, public record requests,

bankruptcy, garnishments, administrative procedures and hearings, subpoenas, public purchasing,

workers’ compensation, immigration, American Indians, contracts, leases, policy and procedures,

Americans with Disabilities Act, Social Security disability, and other disability-related issues. Mr.

Toms also recovered $6,180.72 for the agency through subrogation claims asserted against third

parties responsible for the injuries of agency clients.

Through his position with the Attorney General’s Office, Mr. Toms also provides training throughout

the state to MDRS employees, as well as to employees of AbilityWorks, Inc., on various work-related

legal topics.

Secretary of State Public Lands

S pecial Assistant Attorney General Nancy Morse Parkes is assigned to the

Secretary of State's Office Public Lands Division. Her duties include

providing general legal advice regarding tax sales, AG opinion research, and

other related matters. Additionally, she works with the secretary of state's senior

public lands attorney on 16th Section Land issues. Nancy handles all suits to clear title in which the

State is named as a defendant. In defending these cases, she works with the secretary of state's

office to determine what interest, if any, the state has in the property in question and files the

appropriate answer and other pleadings. Nancy handled more than 537 of such suits last year. Ms.

Parkes represents the secretary of state in eminent domain suits where the secretary of state is

named as a defendant due to possible interests via un-matured tax sales. Her further litigation duties

include protecting the state's interest in lawsuits where individuals claim to own 16th Section School

Trust Land and Public Trust Tidelands.

Ms. Parkes provides legal assistance to the Elections Division in regard to the campaign finance

reporting and lobbying laws, and to the Business Regulation and Enforcement Division and

Business Services Division in certain lawsuits. Ms. Parkes also handles employee appeals board

hearings for the secretary of state. Additionally, Ms. Parkes regularly meets with and advises the

assistant secretary of state, Public Lands Division; assistant secretary of state, Land Sales and

Acquisitions; and assistant secretary of state for the Gulf Coast on a variety of issues ranging from

dealing with other agencies to litigation being handled by outside counsel.

2017 Annual Report


Mississippi Department of Transportation

MDOT’s Legal Division 2017

T he Transportation Division of the Attorney General’s Office employed one assistant attorney

general and six special assistant attorneys general to provide legal representation to the

Mississippi Transportation Commission and the Mississippi Department of Transportation. Special

Assistant Jimmy Isonhood retired during the year. One other special assistant attorney general

housed in the MDOT Administration Building was engaged in patent, trademark, and copyright

prosecution and litigation work for Mississippi’s universities and other state agencies. MDOT

employed one contract staff attorney who worked in the division; another MDOT staff attorney

handled personnel matters, and a third assisted in Right of Way Division. The Attorney General’s

Office coordinated its efforts with those of the staff attorneys. The division’s support staff included

one office manager and one branch director employed by the attorney general, while MDOT

furnished one state service projects officer, as well as a contract law clerk, two paralegals, and a

receptionist on contract.

The commission had outside counsel contracts with a number of attorneys who provided services

on an hourly, as-needed basis for reasons such as situations in which special expertise was

required or when the in-house attorneys had a conflict. Nine firms worked on eminent domain

matters; four handled title matters and real estate closings, and five others worked on matters of a

general nature including construction contract matters, workers’ compensation matters, and bond

matters.

Fiscal Year 2017 Costs

In fiscal year 2017, the commission did not reimburse the Attorney General for the division’s

services. MDOT expended $335,603.83 in support costs, including contract workers’ salaries, office

expenses, travel, and various other items. The sum of $500,544.89 was paid to outside counsel for

eminent domain matters, $483,505.15 for title and closing legal fees, $591,914,18 for general

litigation and bond matters, and $183,230,96 was paid by the Tort Claims Board for legal fees

related to MDOT tort claim matters. Commission expenditures for legal services totaled

$2,093,899.01 for the year, down $1,814,841.33 from FY 2016. Approximately 70% of that

decrease resulted from MDOT not being allowed to reimburse the attorney general for the

Transportation Division’s services.

Costs were offset somewhat by the collection of damage claims in the amount of $231,333.13 from

those responsible for damaging MDOT motor vehicles and other property, in addition to worker’s

compensation subrogation claims in the amount of $61,121.14.

2017 Annual Report


Mississippi Department of Transportation (Con’t)

Litigation

The division continued to be involved in complex litigation, including six lawsuits in which the

demand exceeded $1,000,000.00. Notably, the Commission obtained a jury verdict of $500.00 on

one claim for inverse condemnation made by a party claiming some $15 million in damages resulting

from reconstruction of the Bay St. Louis Bridge after Hurricane Katrina, which was ultimately

appealed to the United States Supreme Court. One discrimination suit was defended in the United

States District Court, in addition to several high-dollar lawsuits for breach of contract and inverse

condemnation filed in various courts. Much litigation, including suits over outdoor advertising,

construction contracts, and workers’ compensation claims, continued to be handled in-house.

Routine matters related to garnishments, damage claims, and encroachments were all handled

internally by the division. At the end of the fiscal year, there were some 220 pending garnishments

against MDOT employees. There were approximately 55 damage claims pending in the division as

well as some 25 active encroachment files.

Administrative

The bulk of the work of the division involved assistance with the day-to-day operation of the MDOT,

with one attorney being assigned to each of the 38 various MDOT divisions and districts. Each

served as the direct point of contact between that division/district and the Office of the Attorney

General. A myriad of contracts, Memoranda of Understanding, letters, and opinions are prepared

each week. These include agreements for construction of the infrastructure supporting the planned

Continental Tire factory, construction related to Interstate 69, environmental mitigation,

improvements to the University of Mississippi Medical Center, a joint construction agreement with

the state of Louisiana, and many other issues important to the people of Mississippi.

Additionally, substantial work was done for other agencies of state and local government. As a

part of this representation, the division continued to assist in issues arising in relation to the

purchase of the Grenada Railroad and matters related to the tidelands boundaries on the

Mississippi Gulf Coast.

2017 Annual Report


Mississippi Department of Transportation (Con’t)

Administrative (Con’t)

The division’s attorneys continued to represent the state of Mississippi in connection with a

lawsuit filed in the U.S. District Court for the District of Columbia by the U.S. Department of the

Interior relating to oil and gas leases on the outer continental shelf. Division members

represented the Office of State Aid Road Construction in a charge of discrimination before the

U.S. Equal Employment Opportunity Commission, and represented the Department of Finance

and Administration, the Mississippi Tort Claims Board, the Secretary of State, the Veterans

Farm Home Purchase Board, the Department of Public Safety Office of Highway Safety, and

the state at-large during the year. Proceedings before the U.S. Surface Transportation Board

were conducted on behalf of the Itawamba County Railroad Authority. This year also saw the

final conclusion of the division’s role as administrator of the Chemfax Superfund Remediation

Project.

As part of its work, members of the division served on many committees of the Transportation

Research Board, AASHTO, and the National Cooperative Highway Research Program.

MDOT’s self-insured workers’ compensation program paid $2,714,456.04 to medical providers on

behalf of injured employees and $934,003.36 in indemnity benefits to those employees who were

injured severely enough to miss significant work. Additionally, the agency settled 14 claims before

the Workers’ Compensation Commission, paying settlements in the amount of $564,239.32.

Approximately 32 claims were pending at the end of the year. Outside counsel handled the majority

of these, although six were handled in-house.

2017 Annual Report


State Veterans Affairs Board

T he State Veterans Affairs Board (SVAB) assists present and former members of the Armed

Forces of the United States (and their dependents) in securing benefits or privileges under any

federal or state law or regulation to which they are entitled, in addition to advising the governor and

Legislature on veterans affairs.

The SVAB maintains and operates the State Veterans Nursing Homes located in Collins, Jackson,

Kosciusko, and Oxford. The SVAB also maintains and operates the State Veterans Memorial

Cemetery and the Persian Gulf War Memorial located in Newton. On August 16, 2017, the SVAB

dedicated a second State Veterans Memorial Cemetery in Kilmichael which will serve North

Mississippi.

The SVAB is charged with the duty to inspect, approve, and supervise schools, institutions, and

establishments for veterans training under the GI Bill. The SVAB also maintains copies of military

discharge documents (DD-214) for Mississippi residents recently released from military service. The

SVAB can access Mississippi draft cards from World War II through post-Korea and can access

some records pertaining to World War II and Korean War discharges.

Veterans Service Officers of the SVAB's Claims Division provide free advice and guidance to

veterans and dependents concerning VA claims. These service officers are also responsible for the

training of county Veterans Service Officers. Claims Division employees represent the Mississippi

State Veterans Affairs Board and are accredited representatives for the American Legion, American

Red Cross, American Ex-POWs, Blinded Veterans Association, Fleet Reserve Association, Non-

Commissioned Officers Association, and the Veterans of Foreign Wars. The SVAB recently began

deploying State Veteran Service Officers to strategic locations throughout the state who provide

assistance to legislative offices and support to County Veterans Service Officers.

Finally, the SVAB provides speakers for meetings and works with the Legislature, governor, and

various veterans organizations regarding issues affecting Mississippi veterans.

Special Assistant Attorney General Kathy Caldwell serves as General Counsel to the State Veterans

Affairs Board. Her duties include representing the agency before the Equal Employment Opportunity

Commission, the Employee Appeals Board, and various other agencies and courts. As in-house

counsel, she advises and represents the agency concerning open meetings, public records,

administrative procedures, contracts and leases, personnel matters, and provides on-site training to

the veterans nursing home employees.

2017 Annual Report


Department of Wildlife, Fisheries, and Parks

S pecial Assistant Attorney General Doug Mann has been serving as general legal counsel to the Department of Wildlife, Fisheries, and Parks and the Mississippi Commission on

Wildlife, Fisheries, and Parks, since 2002. A second special assistant attorney general, D. Drew Malone, was added in 2014. This agency is one of the largest in terms of number of employees with more than 850 full-time employees. The attorneys are assisted by Annette Clark. The attorneys provide legal services including drafting, negotiating, and reviewing contracts. They also represent the agency in real property transactions, the initiation of seized

property civil forfeiture proceedings, and State Personnel Board matters and hearings before the Mississippi Employee Appeals Board.

One primary function of the department is law enforcement, which includes violations of the game and fish statutes, environmental matters, safe boating enforcement, and the recovery of stolen boats and motors. The attorneys make presentations at training sessions for all law enforcement personnel and advise them daily on legal matters. The attorneys have also had the privilege of addressing the Prosecutors Training seminars sponsored by the Office of the Attorney General and the Mississippi Judicial College training for incoming justice court judges.

In addition, the attorneys advise department management on various matters dealing with the operation of the 25 state parks.

In 2017, the attorneys assisted and advised the department and commission on matters ranging from promulgating regulations in compliance with the Administrative Procedures Act to assisting sister agencies in the development of public works projects. The attorneys provide continuing advice and counsel on compliance with state purchasing regulations as well as the regulations of the Personnel Services

Contract Review Board in light of recent changes in the procurement laws for heightened transparency. Risk management issues at state parks and wildlife management areas remain a high priority for the department. The attorneys maintain a close working relationship with the Tort Claims Board in order to ensure that claims are processed promptly, and assist law firms hired by the Tort Claims Board to defend the department in liability suits. All regulations promulgated by the commission are filed by the legal staff with the secretary of state’s office under the Administrative Procedures Act.

The legal staff also assists departmental staff in advising the chairmen of the Wildlife, Fisheries, and Parks Committees of both the House and Senate when reviewing proposed legislation, drafting changes, and researching legislation. The attorneys also take an active role in national and regional wildlife organizations

such as the Association of Fish and Wildlife Agencies (AFWA) and the Southeastern Association of Fish and Wildlife Agencies (SEAFWA). As members of the legal committees of these organizations, the attorneys have contributed to official comments on proposed federal regulations affecting interstate movement of captive deer, elk, and other cervids and control of Chronic Wasting Disease (CWD), proposed rules regarding the public waters of the United States, and proposed rules regarding air quality. They have also advised the department and the attorney general’s office on participation in amicus briefs on matters affecting wildlife and natural resources, such as cases involving the Endangered Species Act. The attorneys provide any other legal support that is needed by the commission and the department.

Beginning in fiscal year 2018, special assistant attorneys general who represent agencies located along Eastover Drive are being combined into a practice group. The attorneys representing the Institutions of Higher Learning (“IHL”), the Library Commission, the Mississippi Department of Information and Technology Services (“MDITS”), and the Department of Wildlife, Fisheries, and Parks (“MDWFP”), have joined forces to provide legal representation to the agencies located in close proximity to each other. In addition to the agencies with full-time representation, other state agencies on the Eastover “campus” are represented by the attorneys in this group when needed. For example, Mr. Mann will be advising and counseling the Mississippi Authority for Educational Television (“MAET”) during regularly-scheduled board meetings. The attorneys are supervised by Leigh Patterson, General Counsel to IHL.

2017 Annual Report


Attorney General’s Office

Actual Expenditures

Fiscal Year Ending June 30, 2017

Personal Services

Salaries, Wages & Fringe Benefits $24,492,488

Travel & Subsistence (In-State) $719,019

Travel & Subsistence (Out-Of-State) $147,925

Total Personal Services $25,359,432

Contractual Services

Tuition, Rewards, Awards $66,284

Communications, Transportation & Utilities $96,431

Rents $234,694

Repairs & Service $60,645

Fees, Professional & Other Services $1,122,268

Other Contractual Services $188,746

Data Processing $597,570

Other $64,280

Total Contractual Services $2,430,918

Commodities

Printing & Office Supplies & Materials $173,060

Equipment, Repair Parts, Supplies & Accessories $223,634

Professional & Scientific Supplies & Materials $4,578

Other Supplies & Materials $129,677

Total Commodities $530,949

Capital Outlay

Office Machines, Furniture, Fixtures & Equipment $1,625

IS Equipment (Data Processing & Telecommunications) $206,333

Other Equipment $13,160

Vehicles $165,904

Wireless Communication Devices $342

Total Capital Outlay $387,364

Subsidies, Loans & Grants

Total Subsidies, Loans & Grants $3,453,994

TOTAL EXPENDITURES $32,162,657

2017 Annual Report


Attorney General's Office

Report of State-Owned Automobiles

Miles Traveled Inventory

# Description in FY 2017 Number

1 2012 Chevrolet Impala 13,548 7485

2 2012 Dodge Caravan 7,253 7487




6 2013 Dodge Charger 20,342 7821

7 2013 Dodge Charger 26,226 7822

8 2013 Dodge Charger 35,776 7823

9 2013 Dodge Charger 26,073 7824

10 2013 Dodge Charger 12,434 7825

11 2013 Ford F-150 26,004 7855

12 2014 Ford Explorer 26,194 7857

13 2014 Ford Explorer 20,950 7858

14 2014 Ford Explorer 31,747 7859

15 2014 Chevrolet Tahoe 20,829 7870

16 2014 Ram Truck 22,770 7886

17 2014 Dodge Charger 22,535 7892

18 2014 Dodge Charger 20,549 7893

19 2014 Dodge Charger 17,413 7894

20 2014 Dodge Charger 20,865 7895

21 2014 Chevorlet Impala 16,020 7910


23 2014 Ford F-150 15,833 7933

24 2014 Ford Explorer 9,822 7934

25 2014 Ford Explorer 21,670 7935



28 2014 Ram Truck 19,588 7955

29 2014 Ram Truck 22,542 7956

30 2014 Ram Truck 16,876 7957

31 2015 Dodge Charger 18,432 8162

32 2015 Ford Sedan 25,423 8164

33 2015 Ford Sedan 17,742 8165

34 2015 Ford Sedan 28,552 8166

35 2015 Ford Sedan 12,814 8167

2017 Annual Report


Attorney General's Office

Report of State-Owned Automobiles (Con’t)

Miles Traveled Inventory

# Description in FY 2017 Number

36 2015 Ford Sedan 25,744 8168

37 2015 Ford Explorer 32,868 8169

38 2015 Ford Explorer 13,727 8170

39 2015 Dodge Charger 22,652 8173

40 2015 Ram 1500 Truck 17,070 8174

41 2015 Dodge Charger 14,899 8209

42 2015 Dodge Charger 28,355 8210

43 2016 Dodge Charger 12,201 8349

44 2016 Dodge Charger 19,876 8350

45 2016 Dodge Charger 30,745 8351




49 2017 Ford F150 Truck 7,029 8635

50 2017 Ford F150 Truck 6,757 8636

51 2017 Ford F150 Truck 6,671 8637

52 2017 Dodge Durango 12,997 8646

53 2017 Chevrolet Traverse 2,961 8651


Total Miles Travel by Law Enforcement 1,042,259