Mississippi Firm to Pay $1,207,600 to Resolve Disaster Recovery Claims

CHARLESTON, W.Va. – Acting United States Attorney Lisa G. Johnston announced today that Horne LLP, of Ridgeland, Mississippi, has agreed to pay the United States $1,207,600 to resolve civil allegations that it received improper payments from federal disaster recovery grant funds in connection with disaster recovery services it provided in 2017 and 2018 in West Virginia.

On June 23, 2016, portions of the Southern District of West Virginia experienced extreme levels of rainfall, resulting in historic flooding over a vast swath of the region. Flood waters rushing across West Virginia’s mountainous landscape damaged or swept away thousands of homes, businesses, bridges and other infrastructure, leaving thousands of West Virginia residents homeless and at least 23 dead. Following a presidential disaster declaration issued in response to the flooding, Congress appropriated funds for disaster recovery in West Virginia to be administered by the U.S. Department of Housing and Urban Development (HUD) in the form of Community Development Block Grant – Disaster Recovery (CDBG-DR) funds. These funds were made available to fund an array of recovery needs in West Virginia including housing rehabilitation and replacement for low income homeowners.

Soon after CDBG-DR funds were appropriated, Horne was selected by the West Virginia Development Office (WVDO) to develop the state’s Action Plan for use of the disaster recovery grant funds. Horne is an accounting and professional services firm specializing in administering state and federal disaster recovery programs across the United States. Horne’s contract with the State of West Virginia included task orders requiring Horne to assist the WVDO in developing a CDBG-DR Action Plan which were to be used to secure additional project funding and to provide program guidance, design and development services. The contract which provided for total compensation of $900,000 was approved by the West Virginia Department of Administration Purchasing Division (WVDAPD). 

Although the contract provided for total compensation of $900,000, additional “task orders” were added to the contract that inflated the cost of the contract to more than $18,000,000. As a result of these additions, Horne was awarded responsibility for the housing rehabilitation program, which was later re-branded as “Rise West Virginia Housing Restoration Program” (WV-HRP or “RISE”).

The RISE program came under scrutiny in late 2017 when Horne’s contract was reviewed by the West Virginia Department of Administration Purchasing Division. During the review, it was discovered that Horne’s original contract price had ballooned from $900,000 to more than $18,000,000 without competitive bidding, review, or approval by the WVDAPD or the West Virginia Attorney General’s Office.

The administration of then-Gov. Jim Justice declared the additional work orders to be illegal, and that Horne could not be paid for any services completed under them. This prompted Horne to seek to sell the data it had generated through its operations in West Virginia to the government at a price intended to reflect the value of its prior services. Horne submitted an invoice totaling $6,739,575, and the invoice was paid on November 6, 2018, from the federal CDBG-DR funds.

After Horne transmitted its project data to state officials, investigators discovered that many of the services sold to the sate were problematic. In particular, investigators discovered that many of the “personal consultations,” included on Horne’s invoice at $950 each, were for cold calls that resulted in a finding of “no unmet need.” Despite a quick call confirming the homeowner had no need of Horne’s services, Horne created an applicant file for each person, complete with fictitious birthdates, social security numbers, and fake signatures on legal documents. Investigators also found that in some cases these personal consultations were actually performed by staff for Voluntary Organizations Active in Disaster (VOAD), not Horne. Investigators found that approximately 48 of the physical property inspections, costing the government $1,850 each, were for vacant lots where an inspection was not required. Similarly, Horne billed $1,650 for each of 72 repair estimates where there was nothing to repair.

The Settlement Agreement announced today requires Horne to pay $1,207,600 to resolve the government’s claims.

“Thousands of West Virginians remained in need after historic flooding damaged or destroyed their homes, and the Horne firm took advantage of the situation,” said Acting United States Attorney Lisa G. Johnston. “This settlement agreement is a result of the excellent work by HUD-OIG and the West Virginia Commission on Special Investigations, our office’s Affirmative Civil Enforcement and Health Care Fraud Investigative Specialist Tyler E. Japhet, and Assistant United States Attorney Gregory P. Neil.”

“The alleged actions of Horne, LLP undermine the mission of HUD’s disaster recovery efforts and takes critical resources away from those who need them the most,” said Special Agent-in-Charge Shawn Rice with the U.S. Department of Housing and Urban Development (HUD), Office of Inspector General (OIG). “HUD OIG is committed to partnering with the U.S. Attorney’s Office to pursue accountability for those who seek to exploit federal programs.”

“The Commission on Special Investigations began investigating the handling of flood related disaster assistance in December of 2018,” said West Virginia Commission on Special Investigations Director Rick Eplin. “Investigators conducted interviews and documented conditions throughout 12 counties in West Virginia touched by the flooding. Investigators documented tragic stories from the families whose homes were destroyed by flood waters. They were struck by the resiliency of the citizens and their commitment to their communities. In the course of the investigation, it was determined that data collected by Horne did not accurately reflect the conditions and circumstances observed by CSI investigators. In partnership with the HUD Office of Inspector General and the United States Attorney’s Office for the Southern District of West Virginia a positive resolution was achieved.”

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.

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