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U.S. Supreme Court rules Oklahoma can prosecute cases involving non-natives on tribal lands

6/30/2022

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(The Center Square) - The U.S. Supreme Court ruled Oklahoma has jurisdiction to prosecute non-Native Americans who commit crimes on tribal lands.

The vote was 5-4, with Chief Justice John Roberts and Justices Amy Coney Barrett, Brett Kavanaugh, Clarence Thomas and Samuel Alito Jr. siding with the majority.

The ruling is a blow to the McGirt decision handed down in 2020. In that case, the court ruled that states and local governments have no jurisdiction to prosecute crimes on tribal lands per agreements between the tribes and the federal government made years ago. The federal government has the sole prosecuting authority, according to the ruling.

The current case involved Victor Manuel Castro-Huerta, a non-Native American convicted of child neglect involving his stepdaughter, who is a member of the Eastern Band of Cherokee Indians, according to court records. His case was tossed out after a lower court said the state did not have jurisdiction because the alleged crime happened on tribal land.

"A state prosecution of a non-Indian likewise would not harm the federal interest in protecting Indian victims," wrote Justice Kavanaugh in the majority opinion. "State prosecution would supplement federal authority, not supplant federal authority."'

The McGirt ruling also presented challenges for the federal government, the majority said.

"The Oklahoma courts have reversed numerous state convictions on that same jurisdictional ground," Kavanaugh wrote. "After having their state convictions reversed, some non-Indian criminals have received lighter sentences in plea deals negotiated with the Federal Government. Others have simply gone free. Going forward, the State estimates that it will have to transfer prosecutorial responsibility for more than 18,000 cases per year to the Federal and Tribal Governments."

Justice Neil Gorsuch sided with Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan and wrote the dissenting opinion.

He cited an 1831 case in which a white missionary was arrested in Georgia for preaching on tribal lands. Gorsuch called the arrest a "power play" by Georgia officials that the U.S. Supreme Court refused to support it.

"Where our predecessors refused to participate in one state's unlawful power grab at the expense of the Cherokee, today's Court accedes to another's," Gorsuch said.

Gov. Kevin Stitt said he was "heartened" by the ruling.

"Since the Court's 2020 McGirt decision, federal prosecutors have declined thousands of cases like Castro-Huerta, a non-Native who monstrously abused his 5-year-old Native stepdaughter," Stitt said in a statement. "Justice has been delayed and denied to thousands of Native victims in our state for no reason other than their race."

Cherokee Nation Principal Chief Chuck Hoskin Jr. said in a statement, "the Court failed in its duty to honor this nation's promises, defied Congress' statutes, and accepted the lawless disregard of the Cherokee's sovereignty."

The McGirt decision stood "despite the Oklahoma governor's lies and attacks," he said.

"As we enter a chapter of concurrent jurisdiction, tribes will continue to seek partnership and collaboration with state authorities while expanding our own justice systems," Hoskin said. "We hope that with these legal questions behind us, Governor Stitt will finally lay his anti-tribal agenda to rest and come to the table to move forward with us – for the sake of Oklahomans and public safety."



via Oklahoma's Center Square News
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Stitt wins Republican nomination for his post; AG O'Connor defeated

6/29/2022

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(The Center Square) - Oklahoma Gov. Kevin Stitt won the Republican nomination for a second term as governor, defeating three other candidates without a runoff, according to unofficial election results.

Stitt took 69% of the vote in Tuesday's primary election. He will face State Superintendent of Instruction Joy Hofmeister, who switched from the Republican Party to the Democratic Party, Libertarian Natalie Bruno and independent Ervin Yen in November.

Hofmeister won 60% of the vote in her contest against Connie Johnson.

Attorney General John O'Connor lost his bid for a four-year term to Gentner Drummond in a close race. Drummond took 50.9% of the vote, while O'Connor garnered 49.12%. O'Connor was appointed to the post by Stitt after Mike Hunter stepped down. No Democrat ran for the seat. Drummond will face Libertarian Lynda Steele in November.

In congressional races, U.S. Rep. Markwayne Mullin and T.W. Shannon are headed to an Aug. 23 runoff to determine who will be the Republican nominee in the race to succeed retiring U.S. Sen. Jim Inhofe. The winner of that race will face Democrat Kendra Horn in November.

U.S. Senator James Lankford held off two opponents to advance to the November general election, garnering more than 67% of the votes. Two Democrats are headed to a runoff to determine who will challenge the incumbent. Madison Horn led the pack of six candidates with more than 37% of the vote. She will face Jason Bollinger in the Aug. 23 runoff.



via Oklahoma's Center Square News
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How Much Rising Mortgage Rates Could Cost Homebuyers in Oklahoma

6/29/2022

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Interest rates on mortgage loans are rising rapidly in the United States. As the Federal Reserve pursues an aggressive strategy of rate hikes to curb inflation, homebuyers are increasingly saddled with higher borrowing costs.

The national average 30-year fixed mortgage rate is now approaching 6%, up from just 3.79% in January. The rate increase could mean tens of thousands of dollars more in interest payments for new homebuyers this year.

A recent report published by loan platform LendingTree reviewed home sale and mortgage data to quantify the effect rising mortgage rates could have on homebuyers.

In Oklahoma, the average APR - annual percentage rate - on a mortgage rose from 3.84% in January to 5.36% in April. This increase means that a homebuyer who took out a mortgage in April will pay about $216 more per month in interest than one who took out a mortgage in January, based on the average mortgage amount of $237,849 across Oklahoma.

Accounting for both average home values and mortgage rates, the increase in interest rates from January to April for the typical homebuyer in Oklahoma will add up to $2,591 more in the first year alone and $77,722 over the lifetime of the 30-year mortgage - the 11th smallest increase among states.

All data in this story is from the report Rising Mortgage Rates Could Cost Some Homebuyers More Than $100,000 Over Lifetime of Loans from LendingTree.

RankStateExtra amount paid over 30-year lifetime of mortgage ($)Average APR, January 2022 (%)Average APR, April 2022 (%)Average mortgage amount, 2022 ($)1California$146,4413.705.09493,5782Washington$128,6593.765.11447,4003Massachusetts$121,4043.695.10407,5324Colorado$119,1653.725.18382,5715New Jersey$117,0293.625.08379,9146Utah$117,0013.685.16369,8117New York$111,1713.685.17351,1698Oregon$105,2213.765.20343,1159Hawaii$104,2253.734.88427,90110Virginia$102,4783.815.18352,10511Idaho$102,2153.765.26319,04612Arizona$101,3993.915.32333,63613Delaware$101,2313.695.18320,53314Maryland$101,0753.775.15342,35515Montana$100,3963.605.11313,33616Nevada$100,1353.855.23339,42217Alaska$99,1923.585.05317,57518Florida$96,3973.765.25303,88419Maine$95,6713.785.38278,69420New Hampshire$94,8563.825.22316,93921Vermont$94,6363.735.39266,04522Rhode Island$94,5143.695.12310,59023North Carolina$94,0473.765.21304,23924Connecticut$94,0203.735.13314,56525Illinois$92,8283.785.23298,44126Texas$92,0113.805.21306,21727Georgia$89,8523.845.24299,99228Pennsylvania$88,5603.805.31273,63429New Mexico$87,9673.875.44260,30930Minnesota$87,9383.775.22283,88531South Dakota$86,7483.535.12257,30132North Dakota$86,3173.745.30257,71833Nebraska$85,9393.745.29259,50334Louisiana$84,8953.855.39256,15035Wyoming$83,8733.855.22284,98936Tennessee$82,7933.965.35275,81537Kansas$82,2953.845.30261,98838South Carolina$78,6803.915.29264,71639Alabama$77,8303.915.40242,17540Oklahoma$77,7223.845.36237,84941Indiana$77,2833.905.42236,70142Mississippi$76,5243.885.39235,12343Michigan$76,1063.875.32244,03944Arkansas$75,9143.815.25246,67245Iowa$74,8743.845.34233,61846Wisconsin$74,8133.895.34240,72947Missouri$72,9393.995.46229,61548Kentucky$72,8203.915.41224,56249West Virginia$72,2923.865.47207,30050Ohio$71,8373.945.33241,517



via Oklahoma's Center Square News
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OG&E softens rate hike but some Oklahomans say it's not enough

6/28/2022

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(The Center Square) - Oklahoma Gas & Electric Company has lowered its request for a rate hike, but some customers are still concerned.

The utility company's new proposal will raise the bill for the average residential customer by just under $3 a month, according to Donald Rowlett, director of regulatory policy and compliance for OG&E. The original proposal would have raised the average residential customer's bill by just under $10 a month.

The last time OG&E raised its rates was September 2019, Rowlett said.

The lower rates came after negotiation with several parties, including Walmart, the Oklahoma Association of Electric Cooperatives and the Petroleum Alliance of Oklahoma, OG&E said during the Oklahoma Corporation Commission meeting Monday. It is now seeking to increase its total revenue by $45 million, instead of $163.5 million, a nearly $119 million decrease from its original proposal.

"There was great thoughtfulness in arriving at the $45 million change," said Rowlett. "While it's not zero, it is significantly less than what the company proposed and, at 2.3%, it is much lower than the increases that are being experienced in other parts of the economy."

Dropping OG&E's proposed revenue increase from $163.5 to $45 million represented an overall decrease of 73% from the company's original proposal for rate hikes.

Rowlett said the increase would still be "significantly below" the current average rate of inflation.

"I believe the settlement is in the public interest. It's a significant change from what the company originally proposed," he said

Some customers spoke against the proposed rate increases during public comment, including Reverend Tim Luschen, who pastors a church in Oklahoma City.

"Looking back now we can see that in this last year that we are already $6,000 over on our utility budget," said Luschen.

He said large utility bills that have been difficult to anticipate led the church to pull resources from other areas to cover the payments.

"We have a clinic, we have a food pantry, we do all kinds of other social ministry, but this cuts back on our ability to do the ministry that we find that is essential for our church," Luschen said. "I don't believe that this is a good time considering that OG&E is still able to pay their stockholders' dividends and to still compensate their management and executives at a generous rate. This is not a good time as we're coming out of COVID to ask for the ratepayers to pay any additional cost that will impact their lives."

Monday's meeting was heard before an administrative law judge. No action was taken.



via Oklahoma's Center Square News
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Oklahoma AG: $250 million settlement reached with drug distributors

6/28/2022

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(The Center Square) - Three drug companies reached a $250 million settlement with Oklahoma related to the opioid crisis, Attorney General John O'Connor said in a news release Monday.

The settlement with McKesson, Cardinal, and AmerisourceBergen comes after the state rejected a national settlement.

The three lawsuits were first filed in 2020 by former attorney general Mike Hunter and accused the drug companies of fueling the opioid crisis for one reason – greed.

"Defendant substantially contributed to fueling the opioid crisis by supplying massive and patently unreasonable quantities of opioids to communities throughout the United States, including Oklahoma," the lawsuit against McKesson said. "Defendant ignored its duties and responsibilities to prevent oversupply and diversion of opioids for illicit and non-medical uses."

Similar wording was in the lawsuits against Cardinal and AmerisourceBergen.

Cities and counties will share the money and must agree to the terms of the settlement before it is final, according to the news release. The money will go to the "areas that need help the most."

"Many Oklahoma families have been ravaged and lives have been lost by opioid addictions and overdoses," O'Connor said in a statement. "Money cannot possibly heal those wounds or bring back our loved ones. The funds we are recovering will be used to prevent and treat addictions to opioids."

The drug companies will pay the state's attorney's fees, O'Connor said. Attorneys hired by the state and the cities and counties includes in the lawsuit also agreed to reduce their fees, according to the news release.

Oklahoma has received more than $680 million in settlements related to the opioid crisis, according to the release. That number does not include attorney's fees and court costs.

The announcement comes a day before O'Connor's bid for reelection in the Republican primary. He is facing Gentner Drummond.



via Oklahoma's Center Square News
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Oklahomans will decide Tuesday who appears on November ballot

6/28/2022

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(The Center Square) - Oklahomans are going to the polls to decide who will be on the ballot in several key races, including governor and U.S Senator.

Early voting began Thursday and polls are open from 7 a.m. to 7 p.m. on Tuesday.

Candidates must receive 50% of the vote plus one to avoid a runoff.

Voters will choose between 13 Republicans who are hoping to replace outgoing U.S. Sen. James Inhofe.

Inhofe announced in February that he would retire from his post at the end of the year, setting up a special election to fill the remainder of his term that ends in 2027.

The Republican senator endorsed his chief of staff, Luke Holland, to succeed him. Also on the ballot is U.S. Rep. Markwayne Mullin, just the second Republican to represent the state's 2nd Congressional District since 1923.

State Sen. Nathan Dahm, former state Rep. T.W. Shannon, Scott Pruitt, who served as administrator for the Environmental Protection Administration under President Donald Trump, are on the ballot. Alex Gray, deputy director of the Office of Trade & Manufacturing Policy under Trump, is also on the ballot

Rounding out the list of candidates are Adam Holley, Jessica Jean Garrison, Laura Moreno, Michael Coibion, Paul Royse, John F. Tompkins and Randy J. Grellner.

No Democrats qualified for the post.

U.S. Sen. James Lankford is also facing two Republican challengers in his quest for another term. Jackson Lahmeyer, an Owasso pastor and Joan Farr, who ran as an independent in 2020, have also qualified. The winner of the primary election will have a Democratic challenger. Arya Azma, Dennis Baker, Jason Bollinger, Jo Glenn, Madison Horn and Brandon Wade are vying for the Democratic nomination.

Gov. Kevin Stitt will face three Republican challengers in his bid for reelection, including one candidate from his administration. Joel Kintsel, the director of the state's Department of Veterans Affairs is running against his boss.

Kintsel describes himself as a "Ronald Reagan conservative" in a news release announcing his candidacy. He described the Stitt administration as "rife with corruption, self-dealing and cronyism and Oklahomans deserve another choice.”

Also challenging Stitt in the Republican primary is Mark Sherwood, a naturopathic doctor and former Tulsa police officer, and Moira McCabe

On the Democrat side, state school superintendent Joy Hofmeister, who ran for her position as a Republican, has switched parties. She and former state Sen. Connie Johnson are vying to run in the November primary.



via Oklahoma's Center Square News
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Incumbent OConnor faces challenger Drummond in Republican primary for Oklahoma attorney general

6/24/2022

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Incumbent John O’Connor and Gentner Drummond are running in the Republican primary for attorney general of Oklahoma on June 28. Libertarian candidate Lynda Steele is running in the general election, but no Democratic candidate filed to run, meaning that the winner of the Republican primary will be heavily favored in November. Republicans have held the office of Oklahoma attorney general continuously since voters elected Scott Pruitt (R) to the position in 2010.

Ben Felder wrote in The Oklahoman that “One attorney general candidate is running on his close working relationship with the governor and his fidelity to the former president, while his challenger has presented himself as an independent who would serve as a check on state government power.”

Gov. Kevin Stitt (R) appointed O’Connor to the office on July 23, 2021, to succeed Mike Hunter (R). Hunter – who was elected in 2018 – resigned on June 1, 2021, after The Oklahoman inquired about whether he was having an extramarital affair.

O’Connor’s professional experience includes being a founding shareholder in the law firm of Newton, O’Connor, Turner & Ketchum, P.C. and working as an attorney at Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. President Donald Trump (R) nominated O’Connor for a federal judgeship in 2018 but his nomination was returned by the U.S. Senate before the conclusion of the 115th United States Congress, and he withdrew from consideration for re-nomination in 2019. During the campaign, O’Connor highlighted his efforts as state attorney general against some Biden administration policies, including joining lawsuits against vaccine and mask mandates.

Drummond ran for attorney general in 2018 and advanced from that year’s Republican primary with 38.5% of the vote to Hunter’s 44.5%. In the primary runoff, Hunter defeated Drummond by 273 votes, 50.05% to 49.95%. Drummond served as a pilot and instructor in the U.S. Air Force during the Gulf War. His professional experience includes owning The Drummond Law Firm and serving as a principal shareholder and director of Blue Sky Bank. Drummond said on his campaign website that “As attorney general, he will defend our rights, uphold the rule of law, and serve the people of Oklahoma, not the political elite.”

Both candidates criticized the U.S. Supreme Court’s ruling in McGirt v. Oklahoma but differed on how the state should proceed. In July 2020, the Supreme Court voted 5-4 to reverse a decision by the Oklahoma Court of Criminal Appeals and ruled that under the Indian Major Crimes Act, lands reserved for the Creek Nation in eastern Oklahoma constituted Indian Country and that the state of Oklahoma could not legally try a Creek citizen for criminal conduct in state court. It confirmed that a large portion of eastern Oklahoma are Indian reservations and not under the state’s law enforcement jurisdiction.

Drummond said he would work with the tribes in that area to develop a solution to jurisdictional issues. At a campaign forum, Drummond said, “The Supreme Court has ruled. That was two years ago. For two years we have not had a solution in the state of Oklahoma. … What must be resolved right now is a collaboration with the Native American tribes. O’Connor said that he has met with leaders from four of the six main tribes in the area and would still continue to pursue legal action on cases related to tribal jurisdictional matters. He also said, “Job number one is to protect the sovereignty of the state of Oklahoma.”

A June 2022 poll of 400 likely Republican primary voters by Amber Integrated found Drummond leading O’Connor, 41% to 28%, with 30% undecided. The margin of error was +/- 4.9 percentage points. A poll of 455 likely Republican primary voters also conducted by Amber Integrated in March showed Drummond with 37% support, O’Connor with 16%, and 47% undecided. The margin of error of that poll was +/- 4.6 percentage points.



via Oklahoma's Center Square News
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Roe v. Wade decision clears the way for Oklahoma law that criminalizes abortions

6/24/2022

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(The Center Square) - Oklahoma leaders praised the U.S. Supreme Court’s decision to overturn Roe v. Wade, which comes months after state lawmakers passed some of the most stringent abortion laws in the country.

The case in question began with a legal challenge to a Mississippi law banning abortions after 15 weeks. Last year, Mississippi Attorney Lynn Fitch requested that the Supreme Court use that case to overturn Roe v. Wade.

The court ruled 6-3 that there is no constitutional right to abortion and said it’s up to states to decide how to handle the issue.

Lawmakers passed Senate Bill 612 during the 2022 legislative session. The bill makes it a felony to perform an abortion unless the mother’s life is in danger during a medical emergency. Anyone who violates the law faces a prison term of up to 10 years and a fine of up to $100,000. The bill will not make the woman criminally liable.

Lawmakers also passed House Bill 4327, which will hold abortion providers liable except in cases of rape, incest or to save the mother’s life.

“Abortion is a state’s rights issue and it belongs to the people,” said Gov. Kevin Stitt in a statement on Friday. “I promised Oklahomans I would sign every pro-life bill that came across my desk and I am proud to have kept that promise, especially today as Oklahoma now has trigger laws to ban abortion in our state.

House Speaker Charles McCall, R-Atoka, said in a statement Friday the ruling makes Oklahoma one of the most pro-life states.

‘Decades of steadfast prayer and unwavering legislative efforts to protect the lives of the unborn have finally prevailed,” McCall said. “Overturning Roe v. Wade justifies the long battle by Oklahoma House Republicans and pro-life allies nationwide to return this matter to the duly elected representatives of state legislatures to decide.”

O’Connor said it was a “day for celebration and thanksgiving.”

“Roe not only took away over 60 million lives, it also barred Oklahomans and all other Americans from protecting our unborn children,” O’Connor said in a statement. “We should help every woman facing a crisis pregnancy, but not at the cost of the innocent child’s life.”



via Oklahoma's Center Square News
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This is What the Average Oklahoma Household Pays in Bills Every Month

6/24/2022

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The cost of living in the United States is well below the cost of living in several other developed countries, including the Nordic nations as well as New Zealand and Australia. Still, living expenses in the U.S. are higher than in much of the world.

According to a recent study from Doxo, a bill paying platform, American households spend an average of $2,003 a month on the most common bills - or about 37% of what the typical household earns in a month.

The average monthly cost of these bills - which include rent, auto loans, utilities, car insurance, cable, internet, mobile phone, and health insurance - are far lower than average in Oklahoma. The typical Oklahoma household spends an average of $1,634 per month on bills, the sixth lowest among the 50 states.

States with higher than average monthly bills also tend to have higher than average incomes, while less expensive states tend to be lower income - and Oklahoma is no exception. The typical household in the state earns $53,840 a year, compared to the national median household income of $64,994, according to five-year estimates from the U.S. Census Bureau's American Community Survey.

RankStateAvg. monthly household bills ($)Median household income ($)Avg. bill total as a share of income (%)1Hawaii2,91183,17342.02California2,64978,67240.43New Jersey2,61085,24536.74Massachusetts2,51184,38535.75Maryland2,45687,06333.96Connecticut2,38079,85535.87New York2,36171,11739.88Alaska2,33477,79036.09Washington2,27777,00635.510New Hampshire2,25677,92334.711Colorado2,25175,23135.912Virginia2,22976,39835.013Rhode Island2,17270,30537.114Oregon2,07065,66737.815Delaware2,05769,11035.716Illinois2,02968,42835.617Wyoming2,02265,30437.218Florida1,99357,70341.419Minnesota1,96773,38232.220Texas1,95663,82636.821Nevada1,94562,04337.622North Dakota1,93765,31535.623Arizona1,93661,52937.824Maine1,92259,48938.825Wisconsin1,91563,29336.326Utah1,91074,19730.927Vermont1,88363,47735.628Georgia1,87561,22436.829Louisiana1,87150,80044.230Pennsylvania1,85163,62734.931North Carolina1,82956,64238.732Iowa1,78461,83634.633South Carolina1,78354,86439.034Idaho1,77758,91536.235Michigan1,75459,23435.536Montana1,75156,53937.237Tennessee1,73454,83337.938Kansas1,72061,09133.839Ohio1,71758,11635.540Missouri1,70657,29035.741Nebraska1,69663,01532.342Alabama1,68852,03538.943New Mexico1,66351,24338.944South Dakota1,65459,89633.145Oklahoma1,63453,84036.446Kentucky1,62752,23837.447Indiana1,60758,23533.148Mississippi1,55946,51140.249Arkansas1,55249,47537.650West Virginia1,45248,03736.3



via Oklahoma's Center Square News
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Oklahoma charter school founders charged with embezzling of state funds

6/24/2022

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(The Center Square) - The founders of Epic Charter Schools and its former chief financial officer are facing a long list of charges, including embezzlement of state funds of up to $22 million.

The Oklahoma State Bureau of Investigation arrested school founders Ben Harris and David Chaney, and former CFO Josh Brock on Thursday, according to a news release from the agency. In addition to the charge of embezzlement of state funds, they are charged with racketeering, obtaining money by false pretense, conspiracy to commit a felony, violation of the Oklahoma Computer Crimes Act, submitting false documents to the state and unlawful proceeds.

The initial investigation began in 2013 after the Oklahoma State Department of Education filed a complaint about dual enrollment. A state lawmaker raised questions about the misappropriation of state funds in 2019, according to OSBI.

The investigation revealed “a complicated criminal enterprise emerged that involved among other things: co-mingling of funds, excessive and unnecessary management fees, the use of Oklahoma tax dollars in California, political influence, concealment of profits, submission of false invoices, and the illegal use of employees,” OSBI said in its news release.

“This has been a very complex and arduous investigation with many roadblocks causing delays in getting to the truth,” said Ricky Adams, OSBI director, in a statement. “Harris, Chaney and Brock came up with a ‘get rich quick scheme’ that lined their pockets with tax dollars that were to be spent for the benefit of Oklahoma students. The OSBI criminal investigation unraveled the intricate scheme layer by layer, in spite of a lack of cooperation, legal obstacles and delay tactics.”

Harris, Chaney and Brock took taxpayer money intended for children’s education, said State Superintendent of Public Instruction Joy Hofmeister.

“It is unconscionable that the alleged deceitfulness of the school’s founders made them multimillionaires at the expense of taxpayers,” Hofmeister said in a statement. “This fraud was allowed to happen because of cracks in state law that still exist today. It is indisputable that they were able to exploit open and obvious weaknesses in the law for their own personal gain. This saga also highlights why there is no room for a for-profit management school in public education. Epic’s management turned the purpose of education on its head and incentivized cash over kids.”

The three men each have a $250,000 bond.

Earlier this week, the state education department cited Epic Charter Schools for fudging attendance records to receive thousands of dollars in state funds and for improperly handing out millions in bonuses. Those allegations are separate from the charges filed against Harris, Chaney and Brock, Hofmeister said.

The charter school system is addressing those issues, according to a statement from current Superintendent Bart Banfield.



via Oklahoma's Center Square News
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