The South Carolina Centers for Equal Justice, a nonprofit
organization that provides free legal help to thousands of poor
residents statewide, is under investigation for alleged billing
fraud and mismanagement.
The national nonprofit Legal Services Corporation, which is
conducting the investigation, has placed the program on
month-to-month funding with the start of the new year, according to
documents obtained by The State.
The corporation, established and funded by Congress, provides
about half of the centers’ annual $8.5 million budget. The program
also receives state grants and private money.
The centers also are coping with personnel issues. executive
director Teresa Cosby has been on leave since last month, and there
is an effort to unionize non-management staff, agency officials
confirmed.
But officials — who dispute several of the main allegations —say
the centers will remain open.
“There is no immediate threat, no change of what is required of
us,” said Stuart Andrews, board vice chairman, in a telephone
interview Tuesday from Washington, D.C.
Corporation officials did not return repeated calls this week.
But in a statement issued Tuesday, the LSC said the centers have
“taken very serious and aggressive steps to address the concerns we
raised.”
The Greenville-based program has 14 locations statewide,
including offices in Columbia and Lexington. It formed in January
2002 with the merger of three legal services agencies.
The centers provided free legal help in about 10,300 cases last
year; another 17,000 people received legal information through
various outreach programs, officials said.
The program’s approximately 60 lawyers handle only civil cases,
focusing on family, housing, public benefits and elder law issues.
Typical cases involve child support orders, landlord/tenant
disputes, bankruptcies and wills.
Andrews, board chairman Robert Kilgo and several other program
representatives met Tuesday in Washington with Legal Services
Corporation officials to discuss a 64-page investigative report
issued by the corporation and obtained by The State.
In the November report, the LSC said it found “serious issues at
the program including non-compliance with certain LSC requirements
and serious concerns regarding the expenditure of (LSC) and other
funds.”
“Specifically, there was clear evidence of potential waste of
federal funds due to the inability to keep certain financial records
adequately and accurately,” the report said.
In a Nov. 6 letter, John Eidleman, the LSC acting vice president
for compliance and administration, warned that the issues could
affect the centers’ funding if not corrected.
Some cases not handled by the centers are referred to the S.C.
Bar, the state’s professional organization for lawyers, which
operates a similar program.
But Robert Wells, the Bar’s executive director, said this week he
does not expect that the centers’ problems will immediately affect
his organization’s “pro bono” program.
LSC officials visited the centers in February and March after
receiving internal complaints about billing procedures and
management issues, according to the report.
Among the 23 findings cited in the LSC report:
• Management directed employees
last year to charge up to 18.75 unworked hours per week over a
nine-month period to a state Department of Social Services grant
aimed at helping poor residents get food stamps. Several employees
reported they felt they would be fired if they did not agree to
falsify their original time sheets.
“Overall, a majority of staff members were interviewed on this
topic, and these interviews raised substantial and sufficient
concerns that management had ordered staff to improperly alter time
records,” the report said.
The report said though it had reached “no final conclusions
regarding allegations of fraud,” it was referring the matter to the
LSC Office of Inspector General, noting that investigation of fraud
allegations is the office’s “primary responsibility.”
• Improper charges were routinely
made to the Private Attorney Involvement program, which is supposed
to use LSC funds for private attorneys to handle cases in counties
not directly served by the centers. The centers also might have
improperly used 2002 private attorney money toward a $198,000
deficit that the program inherited when it formed.
The centers also were supposed to have spent $550,230 for 2002 on
the private attorney program, but reportedly spent $203,200, or
about 37 percent of the LSC requirement. One center manager reported
the program is “underutilized and ineffective.”
• Staff have described upper
management, including director Cosby, as “hostile” and “combative.”
Between January 2002 and March 2003, 30 employees, or a quarter of
the staff, have been fired or resigned.
Employees told LSC officials they were warned by management that
any negative comments about the centers would be “considered an act
of insubordination subject to termination,” the report said.
Cosby this week declined to discuss the report’s allegations.
Board chairman Kilgo and vice chairman Andrews said Tuesday they
are working to address the issues cited in the report.
“I think we are moving toward a great period of cooperation
between all the parties involved,” said Kilgo, who works as a public
defender in Darlington County.
Even though the LSC put the centers on month-to-month funding, it
has not cut its annual grant of about $4.8 million, noted Andrews, a
Columbia lawyer.
Andrews and Kilgo disputed some of the main allegations in the
LSC report. They said, for example, the state DSS had agreed to
allow the centers to charge its grant for unworked hours, so long as
the centers’ staff was available to do the work.
Andrews also pointed out that the centers had charged DSS only
about half of the available $300,000 to $400,000 grant money.
Regarding the private attorney program, Kilgo said, “This is an
area that is a subject of a large gray zone.”
Kilgo declined to discuss Cosby’s status as director, saying it
was a personnel matter.
Cosby, who has been the director since the centers’ formation,
said she has been on personal leave since Dec. 9. But she said her
leave, which she said ends this week, has nothing to do with the LSC
investigation.
“There are directions the board wants to go in, and directions I
want to go in,” she said. “I’m just taking this time to decide for
myself what I want to do.”
Cosby, a lawyer, said she makes $100,000 a year as director.
Andrea Loney, another lawyer with the centers, currently is the
interim acting director. She referred questions to Kilgo this
week.
Reach Brundrett at (803) 771-8484 or rbrundrett@thestate.com.