Longtime legislative assistant to John Rogers indicted 21 times in federal corruption probe
A longtime assistant to State Representative John Rogers (D-Birmingham) has been indicted on 21 federal charges in an ongoing corruption probe that has already led to the conviction of then-State Rep. Fred Plump (D-Fairfied). Varrie Johnson Kindall is 58 years old and lives in Chelsea. Plump is the founder and executive director of the Piper Davis Youth Baseball League. He pleaded guilty to conspiracy charges and obstruction of justice in federal court in Birmingham. Plump resigned his seat in the Alabama House of Representatives on May 31 as part of his plea deal with federal prosecutors. Plump, age 76, admits to having taken about $200,000 of the $400,000 that was allocated to the Piper Davis Youth Baseball League by Rep. Rogers before Plump was elected to the legislature. That money was then allocated to “Coach” Plump by Rep. Rogers for the rec league that Plump ran. Plump, in his plea agreement, says that he gave that money to Mrs. Kindall, with whom he claims to have been romantically involved. “Plump understood that if he did not give half of the money to them, Legislator #1 would not direct Fund money to Piper Davis,” prosecutors wrote. The payments took place between 2018 and 2022 before Plump took office. In 2022, Plump challenged veteran incumbent Rep. Rod Scott (D-Fairfield) with the help of Rogers and other Democratic lawmakers who accused Scott of working across the aisle with Republicans too much. Plump narrowly defeated Scott in the Democratic primary runoff. Prosecutors claim that after Plump was informed by federal agents that there was a probe underway, prosecutors claim Plump tried to obstruct the investigation by texting Kindall and giving her a “red alert” about the investigation even though he was warned not to disclose these facts. Plump will be sentenced for his role in this scandal on October 23. Prosecutors are recommending a more lenient sentence as part of his cooperation in the plea deal. Kindall is charged with 14 counts of wire fraud, three counts of mail fraud, two counts of obstruction of justice, one count of money laundering, and one count of conspiracy to commit wire and mail fraud, according to the indictment Thursday. Plump pleaded guilty to one count of conspiracy to commit wire fraud and one count of obstruction of justice. Rogers has denied being involved in any illegal activity. Rogers has identified himself as the unnamed legislator mentioned in the Plump court documents. Kindall is already facing federal charges for allegedly collecting federal retirements on both of her parents for years after they were already dead. Kindall is being defended by noted trial attorney Jim Parkman. The special Democratic primary in Coach Plump’s vacant House District 55 is scheduled for Tuesday, September 26. Kenneth Coachman, Travis Hendrix, Ves Marable, Cara McClure, Phyllis Oden-Jones, Sylvia Swayne, and Antwon Womack are all running for the open House seat. No Republican qualified to run for the seat. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
State Representative Fred “Coach” Plump has been indicted by the Justice Department
On Tuesday, the U.S. Department of Justice (DOJ) announced that State Representative Fred “Coach” Plump has been indicted for conspiracy and obstruction of justice. U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples, and Internal Revenue Service, Criminal Investigation Special Agent in Charge James Dorsey announced that the freshman Democratic lawmaker from Fairfield plans to resign his seat in the Alabama House of Representatives. Plump’s resignation has been confirmed by the Alabama Media Group talking to Plump’s attorney Richard Jaffe. “For decades, Representative Fred ‘Coach’ Plump has tirelessly and unselfishly given so much to so many at-risk inner-city youths through the Piper Davis Youth Baseball League, a community-based non-profit 501(c)(3) organization which he created,” Jaffe told the Alabama Media Group. “Through his passion for sports and dedication to the Birmingham community, he has changed the lives of countless young boys and girls. Although he did not personally profit, his heart was always in the right spot despite the clear errors in judgment for which he now takes full responsibility.” The federal government is accusing Plump of stealing money from taxpayers, paying kickbacks to a legislative assistant, and then obstructing justice by informing the assistant of the investigation after he was contacted by federal agents. A second member of the House of Representatives is also involved in this conspiracy. State Rep. John Rogers, a Birmingham Democrat, told the Alabama Media Group that he is probably the State Representative number one referred to in the DOJ statement. Rogers denies having done anything wrong. Rogers was not actually named in the statement. Plump is accused of then sharing some of the misappropriated dollars with a legislator’s assistant. The legislature budgeted money that individual legislators can give out as checks around their districts without going through the budgeting process or any sort of legislative oversight. Members of the Alabama House of Representatives get $100,000 to ingratiate themselves in their districts, while State Senators get $250,000. When Republicans initially took over control of the Alabama Statehouse in 2010, they initially eliminated the practice of allowing legislators to “play Santa Claus” around their districts with little or no oversight. Since then, the practice has been restored and expanded at the urging of the membership. Representative number one (Rogers) was given $500,000 from 2019 to 2023 through the community grants program. $400,000 of that money went to the Piper Davis Youth Baseball League, where Coach Plump was the executive director. Plump apparently took much of that money for his own personal use as well as to pay a kickback to the legislative assistant. The DOJ says that Plump has agreed to plead guilty and pay $200,000 in restitution. Plump’s attorney Richard Jaffe told Alabama Today, “There is no evidence that I am aware of that suggests that Coach personally diverted any of the funds he received to his personal accounts. In fact, all of the evidence shows that those funds went to the 501C organization baseball programs he created for the benefit of youth.” Plump narrowly unseated veteran lawmaker Rep. Rod Scott in the Democratic primary runoff last year. Scott was targeted by his fellow House Democrats because Democratic leadership accused Scott of being too bipartisan and not sufficiently loyal to the Democratic Caucus. The controversial legislative grant program remains in the proposed fiscal year 2024 budget which will be voted on in committee on Wednesday despite the corruption scandal. Wednesday will be day 25 of the 2023 Alabama Regular Legislative Session. Plump has since formally tendered his resignation from the State House. This article was edited on June 4 to include the statement from Plump’s attorney To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Several Alabama legislators lose to primary challengers
At least six members of the Alabama Legislature lost to primary challengers on Tuesday, according to unofficial returns, and several races are yet to be decided. In one of the tightest races, Republican Sen. Tom Whatley of Auburn is trailing challenger Jay Hovey by four votes, according to unofficial returns. Provisional ballots will be counted next week. Hovey is a member of the Auburn City Council. In the House of Representatives, Rep. Will Dismukes of Prattville lost to challenger Jerry Starnes. His defeat came after a series of political and legal troubles. Dismukes had faced calls for his resignation in 2020 after participating in a celebration marking the birthday of Nathan Bedford Forrest — the Confederate general who was also an early Ku Klux Klan leader. He also faced a theft charge related to a dispute with a former employer. Other incumbent defeats, according to unofficial returns, included: — Republican Rep. Joe Faust of Fairhope, a 20-year veteran of the House was defeated by Jennifer Fidler. — Republican Rep. Dickie Drake of Leeds was defeated by Susan DuBose. — Republican Rep. Tommy Hanes of Bryant was defeated by Mike Kirkland. — Republican Rep. Proncey Robertson of Mount Hope was defeated by Ernie Yarbrough. — Democratic Rep. Ralph Howard of Greensboro was defeated by Curtis Travis. Republican Rep. Gill Isbell of Gadsden is trailing challenger Mack Butler, who previously served in the Legislature. But the race is caught in a mix-up where some voters got ballots with the wrong House district. Secretary of State John Merrill said they did not know how many voters were affected. Democratic Rep. Rod Scott of Fairfield was forced into a runoff with a challenger. In another notable contest, House Rules Chair Mike Jones, one of the most influential members in the House of Representatives, appears to have lost to Coffee County Commissioner Josh Carnley in his bid to join the Alabama Senate. Unofficial returns showed Carnley avoiding a runoff with Jones by a margin of about 50 votes. The two are seeking the GOP nomination for the state Senate seat being vacated by retiring Sen. Jimmy Holley. Former longtime state Sen. Hank Sanders of Selma will go to a runoff with Robert L. Stewart for the Democratic nomination for District 23. Sanders represented the district from 1982 to 2018. His daughter, Sen. Malika Sanders-Fortier, won the seat in 2018 but is leaving the state Senate to run for governor. Republished with the permission of The Associated Press.
Mac McCutcheon: Alabama house members answer the call to duty
Speaker Mac McCutcheon praises the work of the legislature following its return to Montgomery to finish up the session amid the coronavirus pandemic.
Here’s everyone who the BCA has endorsed in the 2018 election cycle
The Business Council of Alabama (BCA), considers itself Alabama’s foremost voice for business. It is a non-partisan, statewide, business association representing the interests and concerns of nearly 1 million working Alabamians. The BCA works with the Alabama Legislature to promote “pro-business” reforms such as: Tax credits for small business Job creation Incentives for economic development Ethics reform Positive changes in our public education system Here are the candidates who the BCA has endorsed, who they believe will bring the best changes and initiatives for Alabama’s businesses: Statewide Races: Governor: Kay Ivey Lieutenant Governor: Twinkle Cavanaugh Attorney General: Steve Marshall Secretary of State: John Merrill State Treasurer: John McMillan Commissioner of Agriculture and Industries: Rick Pate Judicial Races: Chief Justice: Lyn Stuart Associate Justice Place 1: Sarah Stewart and Brad Mendheim Associate Justice Place 2: Tommy Bryan Associate Justice Place 3: Will Sellers Associate Justice Place 4: Jay Mitchell Court Of Civil Appeals Place 1: Christy Edwards Court Of Civil Appeals Place 2: Judge Terri Thomas Court Of Civil Appeals Place 3: Judge Terry Moore Court Of Criminal Appeals Place 1: Richard Minor Court Of Criminal Appeals Place 2: Chris McCool Court Of Criminal Appeals Place 3: Judge Bill Cole State Senate Races Senate District 2: Tom Butler Senate District 3: Arthur Orr Senate District 5: Greg Reed Senate District 7: Mary Scott Hunter Senate District 12: Del Marsh Senate District 13: Randy Price Senate District 14: Cam Ward Senate District 16: Jabo Waggoner Senate District 17: Shay Shelnutt Senate District 18: Rodger Smitherman Senate District 32: Chirs Elliott State House Races House District 3: Humphrey Lee House District 6: Andy Whitt House District 8: Terri Collins House District 9: Scott Stadthagen House District 13: Connie Rowe House District 14: Richard “Bull” Corry House District 27: Wes Kitchens House District 30: Craig Lipscomb House District 36: Randy Wood House District 39: TJ Maloney House District 40: K.L. Brown House District 41: Corley Ellis House District 42: Jimmy Martin House District 43: Arnold Mooney House District 44: Danny Garrett House District 45: Dickie Drake House District 46: David Faulkner House District 47: David Wheeler House District 48: Jim Carns House District 49: April Weaver House District 50: Jim Hill House District 55: Rod Scott House District 73: Matt Fridy House District 87: Jeff Sorrells House District 88: Jeremy Arthur House District 89: Marcus Paramore House District 96: Matt Simpson House District 102: Willie Gray
Kay Ivey signs amendments to Simplified Sellers Use Tax program
Governor Kay Ivey signed amendments to the Simplified Sellers Use Tax (SSUT) program into law on Friday. HB470, sponsored by Fairfield-Democrat State Rep. Rod Scott passed in the state House and Senate in late March. “This legislation will help bring about a competitive balance between brick-and-mortar retailers in Alabama and third-party online sellers, while streamlining the collection of use taxes that are currently due on online transactions,” Ivey said. “Use taxes are an important funding resource for Alabama’s General Fund and local governments, and the monies collected will be used to improve and expand much needed services.” The legislation, effective Jan. 1, 2019, requires that online marketplaces collect and dispatch use taxes on sales made through their store by third-party sellers, and requires them to report their sales to the Alabama Department of Revenue. It also requires that marketplaces notify customers of their use tax obligations, and allows those already participating in the SSUT program, who have establish a physical presence in this state, to continue to participate in the program. Before the program launched in 2015, online sellers without a brick-and mortar presence in the state were not responsible for collecting and remitting taxes on sales made within the state, which resulted in millions of dollars of revenue lost, and put retailers who did collect sales tax at a disadvantage. Currently, almost 200 sellers participate in SSUT. They have generated more than $87 million in collections since the program launched in 2015 and more than $27 million collected in the first four months 2018. The amendments signed by Ivey to increase the tax compliance by third-party online sellers could result in an increase of as much as $40 million annually. 60 percent of the local distribution will go to municipalities and counties will get 40 percent.
Push for greater equality: Adline Clarke proposes ‘gender pay gap’ bill
It’s a fact: women earn less than men. According to the U.S. Department of Labor, women who worked full-time, year-round in 2014 earned on average, 79% of men’s median annual earnings. That’s not sitting well with one Alabama lawmaker who’s hoping her gender pay gap legislation makes it across the finish line as the 2018 legislative session nears its close. HB368, sponsored by Mobile-Democrat State Rep. Adline Clarke, would prohibit employers from paying their employees less than the wage they would pay a member of the opposite sex for a similar job or responsibilities when viewed as a composite of skill, effort, and responsibility, as specified. Alabama is one of only two states, along with Mississippi, without an equal pay law. “Nearly every state has a law prohibiting employers differently based solely on gender. I’m disappointed. I would have thought we would have passed a long long before now,” Clarke told AL.com “Timing is everything.” However, HB368, also known as the “Gender Pay Gap,” would not just make wage inequality illegal, but would also add several provisions to the law including: Requires an employer to affirmatively demonstrate that a wage differential is based upon one or more specified factors Prohibits an employer from discharging, or in any manner discriminating against. or retaliating against an employee for the enforcement of these provisions Provides for enforcement of the bill Provides that an employer may not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under these provisions And requires an employer to maintain a record of wages paid to his 15 or her employee for a certain amount of time. The proposal, filed on Feb. 1, is scheduled to appear before the Alabama House State Government Committee on March 21. Alexander City-Republican State Rep. Mark Tuggle, the committee’s chairman, hopes to have Clarke’s proposal on the committee agenda next week. The bill currently has 26 co-sponsors, both Republicans and Democrats: Autauga County-Democrat Kelvin Lawrence Mobile County-Democrat Barbara Drummond Barbour County-Democrat Barry Forte Perry County-Democrat Prince Chestnut Jefferson County-Democrat Rolanda Hollis Madison County-Democrat Anthony Daniels Jefferson County-Democrat Rod Scott Tallapoosa County-Democrat Pebblin Warren Choctaw County-Democrat Elaine Beech Madison County-Democrat Laura Hall Jefferson County-Democrat Merika Coleman Jefferson County-Democrat Mary Moore Mobile County-Democrat Napolean Bracy Blount County-Republican Connie Rowe Shelby County-Republican April Weaver Talladega County-Democrat Barbara Boyd Jefferson County-Democrat Juandalynn Givan Etowah County-Republican Becky Nordgren Morgan County-Republican Terri Collins Montgomery County-Democrat John F. Knight Montgomery County-Democrat Thad McClammy Tuscaloosa County-Democrat Artis McCampbell Mobile County-Democrat James Buskey Bibb County-Democrat Ralph Howard Lauderdale County-Democrat Marcel Black Houston County-Democrat Dexter Grimsley
Alabama trade groups applaud passage of steel industry resolutions
Manufacture Alabama, a trade group representing industrial interests in the state, and the Alabama Iron & Steel Council, which represents the iron and steel manufacturing industry in Alabama, Thursday applauded the Alabama Legislature for passing two steel industry resolutions. The resolutions urge President Barack Obama and Alabama Congressional Delegation to fight for strong enforcement of U.S. trade laws against unfair foreign practices that are impacting the domestic steel industry. Sponsored by Vestavia Hills-Republican Sen. Jabo Waggoner and Fairfield-Democrat Rep. Rod Scott led the effort in their respective chambers to pass SJR80 and HJR266 with unanimous support. “For over 100 years, steel and iron manufacturing has been an economic driver in Alabama, and it is currently playing a significant role in Alabama’s flourishing automobile manufacturing sector,” said George Clark, President of Manufacture Alabama. “Today we see wages being slashed and thousands of jobs eliminated, and it is largely attributed to the trade imbalance created by illegal practices of foreign producers, especially those in China, that dump products into our market at prices below the cost of production. It is my hope that the passage of this important resolution will serve as a reminder that a level playing field must be achieved for fair competition.” Considered the ductile iron pipe capital of the United States, Alabama is a leading steel producer with its products being used in construction, infrastructure, and energy production projects, as well as a variety of end use products including appliances, automobiles and firefighting equipment across the country. According to the American Iron and Steel Institute the steel industry supports 63,000 jobs across the state.
Alabama House panel debates cap on title loan interest rates
Alabama title loan companies could see a 36 percent cap on the interest rates they’re allowed to charge consumers under legislation under consideration in the House. The House financial services committee heard public arguments Wednesday about tightening regulations of subprime loans that use cars and other assets as collateral. House Bill 400 requires title lending companies to be licensed by the state and adhere to state-level restrictions on the charges, interest, and fees associated with title loans. The Federal Deposit Insurance Corporation estimates that 1.1 million households used auto title loans in 2013. Alabama lenders are allowed to charge 25 percent per month for an auto title loan, translating to as much as 300 percent on a yearly basis. “We’re talking about an industry that doubles its money three times on an annual basis,” bill sponsor Rep. Rod Scott said. “We know that’s not appropriate. From the consumer’s perspective, that’s usury.” Scott said he brought the bill because of concern over what he describs as unfair practices and predatory lending to Alabama’s poorest households. The result, he said, is that people have to ask family, churches or nonprofit groups for help to pay off the loans. “You can’t borrow your way out of debt, especially when the interest rates are so onerous,” Scott said. Osjha Domenicone, head of government affairs for title loan company Select Management Resources, said her company has had only two complaints in five years. “Other states that have passed price restrictions like the ones in this bill have seen an increase in complaints because their citizens are left with nothing but unregulated, unaccountable online lenders,” she said. “I assure you, a 36 percent cap does eliminate the industry and this access to credit … I have a difficult time understanding why my customers and employees should suffer over two complaints in five years.” Stephen Stetson from Alabama ARISE argued that in the 25 states without a title loan presence, consumers can still access credit through traditional banking. Several members expressed concern over imposing regulation at the state level, when the federal Consumer Financial Protection Bureau is expected to take action on payday and title lending this year. “Anything we do is just going to get overturned at the federal level,” Rep. Mike Hill said. The panel declined to vote on House Bill 400 Wednesday. Stetson said that with just seven days left in the regular session, that decision would mean another year of predatory lending for Alabama consumers. “We’re looking at a long off-season where more people are going to get their cars repossessed or get trapped in more loans,” Stetson said. “It’s a shame that 67 bill co-sponsors – which is enough (votes) to get it passed on the House floor – wasn’t enough to get this bill through committee.”
Alabama legislative agenda preview: May 19-21
This promises to be a busy week at the Statehouse. Several news outlets are already reporting plans by House Speaker Mike Hubbard and Senate President Pro Tem Del Marsh to hold a press conference Monday to introduce “budget reform initiatives.” So far, no details have been made public. Keep checking ALToday.com for news. In budget-related news, House Bill 135, the general fund budget passed by the House ways and means committee on Thursday, is scheduled for a floor vote on Tuesday. However, Gov. Robert Bentley has already vowed to veto that proposal, calling it “unworkable” and “irresponsible.” The Ways and Means Education Committee is expected to vote on the state education budget on Tuesday afternoon. Senate Bill 179 has already passed the Senate. Also on Tuesday, House members are scheduled to debate appropriations for the Children’s First Trust Fund (House Bill 129) and the Coalition Against Domestic Violence (House Bill 134). Here are other items on the legislative agenda this week: •The Senate Judiciary committee is scheduled to vote on Senate Bill 468, also known as the Alabama Dog Tethering and Outdoor Shelter Act. Sen. Jabo Waggoner filed the bill to make it illegal for dog owners to tie their pets to stationary objects and says that any pet kept outside must have adequate food, water, and shelter. The dog chaining bill could be the last of four closely watched protections against animal cruelty this session. •The committee will also debate a proposal to penalize sex offenders who fail to register with the county in which they plan to reside. Sponsored by Rep. Juandalynn Givan, House Bill 316 also requires sex offenders to provide law enforcement with a list of any Internet providers they use. •A Senate health panel will consider Senate Bill 318, legislation to grant immunity to minors under the influence of alcohol or drugs and seeking medical help for another minor. •The House committee on education policy will hear Senator Waggoner present details on House Bill 664, a plan to allow members of the Alabama Public Charter School Commission to be appointed by the governor, lieutenant governor, president pro tempore of the Senate, and the speaker of the House of Representatives rather than the state board of education. •At 9 a.m. Wednesday, a House panel will hear public argument centering on tightening regulations of the title loan industry. House Bill 400, sponsored by Rep. Rod Scott, would require licensing for title loan offices and establish caps on charges, fees, and interest for title loans. •Rep. Arnold Mooney will appear before the House Judiciary Committee to present his measure banning assisted suicide in Alabama. House Bill 496 imposes civil and criminal penalties on medical professionals and care providers who provide help in dying under certain conditions.
