Officials Intervene in Pending Case to Ensure Effective Defense Of Affordable Care Act

Attorney General Matt Denn on Thursday joined legal action to protect health care access for millions of Americans by having states take up the defense of a critical portion of the Affordable Care Act. Attorney General Denn moved to intervene in a lawsuit filed by U.S. House of Representative Republicans, a motion that includes California, New York, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Minnesota, New Mexico, Pennsylvania, Vermont, Washington state and the District of Columbia.

The lawsuit, House v. Price, would eliminate the stable funding, called cost-sharing reduction payments that the law created to protect millions of working families from high healthcare costs. The Kaiser Family Foundation projects premiums will increase by 19% on average across the country to compensate if there is a loss of the subsidy payments, finding that the premium increases would be 21% in states that have not expanded Medicaid.

“Since its enactment, the Affordable Care Act has provided access to health insurance previously unaffordable or unavailable to thousands of Delawareans. Preserving the CSR payments is critical to help ensure thousands of Delawareans retain meaningful access to health insurance, and to avoid additional spending on health care borne by the Delaware state government due to a rise in the number of uninsured Delawareans,” Attorney General Denn said. “In 2016, 42.9 percent of Delaware’s marketplace enrollees were eligible for CSR payments, saving these individuals approximately $1,134 per person, for a total cost savings in Delaware of $13.7 million.”

House Republicans sued the Secretary of the Department of Health and Human Services during the Obama administration, challenging the legality of making the cost-sharing subsidies. A district court judge ruled in favor of the House Republicans, but the ruling was appealed in order to protect access to healthcare, and the subsidies were permitted to continue pending appeal. After the presidential election, the House Republicans requested that the case be held in suspension while the newly-elected President Trump had time to make decisions regarding the case. Based on the President’s statements about his desire to end the ACA, the state AGs are intervening in the case in order to defend the healthcare system.

“I support the ACA and the healthcare it is providing to Delawareans and Americans,” Attorney General Denn said. “If the President is not willing to defend it in court, the states must step in and do so, and that is why I have joined my colleagues in other states in seeking to intervene in this case.”

Attorney General Denn recognized Insurance Commissioner Trinidad Navarro and Deputy Attorneys General Sarah Goncher, John Taylor and Jessica Willey for contributing to Delaware’s work on the motion to intervene.

A copy of the motion can be found here.

Also: One House Closed, Second House Has Restrictions In Lincoln For Drug Activity Leading To Criminal Nuisance Action

Deputy Attorneys General Colleen Norris, Phillip Casale, and Cari Chapman, and senior paralegal Kimberly Moro secured a guilty plea from a 30-year-old Bear man, resolving a 9-year-old murder case. Jason Slaughter pled guilty to Murder Second Degree in connection with the shooting of his friend, Christopher Masters. When police arrived at Masters’ home in the Summit Bridge Trailer Park in December 2007, they found him dead from a gunshot wound to the head, and Slaughter suffering from a gunshot wound to his shoulder. Slaughter told police two men arrived at the trailer and shot him and Masters. The case went cold for two years. Slaughter moved to Georgia where he was arrested for the murder of Michael Haegle in 2010. In that case, Georgia Bureau of Investigation (GBI) investigators found Slaughter was the beneficiary of a life insurance policy taken out on the victim, Haegle. During the investigation GBI found another insurance policy with Slaughter as the beneficiary and Christopher Masters as the insured. In 2012, Slaughter, already in custody in Georgia, was indicted for Masters’ murder in Delaware. In August of 2013 Slaughter was convicted of the Haegle murder in Georgia. Slaughter will be sentenced by Superior Court Judge Eric Davis in February, and faces 15 years to life in prison. Slaughter’s Delaware sentence will begin upon the conclusion of his Georgia sentence which is life plus 7 years. He is eligible for parole in Georgia in 2042.

Deputy Attorneys General Danielle Brennan and Kelly Breen secured a prison sentence for Dustin Brown, 32, of New Castle for Manslaughter and Leaving the Scene of a Collision Resulting in Death. In October 2015, Brown’s vehicle struck Kimberly Quade on Route 273 in New Castle. Brown then took Quade to the parking lot of the New Castle Farmer’s Market, leaving her without calling for medical help or police. Quade was found the next morning by a passerby, after Quade had died. Brown was sentenced by Superior Court Judge Calvin Scott, Jr. to 5 years, 9 months in prison.

Deputy Attorney General Mark Denney secured a guilty plea and prison sentence in Superior Court for gang member Malik Winters, 16, of Wilmington, to Gang Participation, Assault Second Degree, and Attempted Robbery Second Degree. In February 2016, Winters, who admitted to being a member of the criminal street gang known as Only My Brothers (OMB), attempted to rob a woman in the 1100 Block of West 2nd Street in Wilmington. Winters admitted using a specific firearm, which was later found in the possession of a different OMB Member and co-defendant. Superior Court Judge Ferris Wharton sentenced Winters to 1 year in prison, followed by 6 months of either home confinement of work release, then 18 months of probation, and he is now prohibited from owning or possessing a firearm.

Five Newark teenagers pled guilty and were sentenced in a burglary at Artemis Outfitters in Greenville in July 2016, during which 27 handguns were stolen in order to be sold or used in other crimes:
· Jordan Banks, 18, pled guilty to Burglary Second Degree, Theft of a Firearm, Wearing a Disguise During a Commission of a Felony, and Conspiracy Second Degree.
· Tyliek Church, 16, pled guilty to Burglary Second Degree, Theft of a Firearm, Wearing a Disguise During a Commission of a Felony, and Conspiracy Second Degree.
· Tomier Cooper, 17, pled guilty to Burglary Second Degree, Theft of a Firearm, Wearing a Disguise During a Commission of a Felony, and Conspiracy Second Degree.
· William Morgan, 18, pled guilty to pled guilty to Burglary Second Degree, Theft of a Firearm, Wearing a Disguise During a Commission of a Felony, and Conspiracy Second Degree.
· Jamir Stewart, 16, pled guilty to Burglary Second Degree, Theft of a Firearm, and two counts of Conspiracy Second Degree.
All 5 co-defendants were sentenced to 1 year in prison, followed by 6 months of either home confinement of work release, then 18 months of probation. All are now persons prohibited from owning or possessing firearms.

The owners of one Sussex County property have been ordered to close its doors, while the owners of an adjacent property have entered into nuisance abatement agreement with the State. A complaint for temporary and permanent nuisance abatement was filed last fall against the owners of homes at 20989 Cubbage Pond Road and 21068 West Mayhew Drive in Lincoln. The complaint stated the two properties have been the site of illegal drug activity and multiple arrests. Superior Court Judge Richard Stokes signed a court order to temporarily close the Cubbage Pond Road property, citing it as a criminal nuisance that adversely impacts the community pursuant to the Criminal Nuisance Abatement Act. The order states presumptive owners, Carol Nordberg, Debbie Shirey, Mary Shirey Monahan, Shawna Shirey, as well as current tenants, residents, or occupiers of the property must vacate it immediately. Before being able to reopen the house, the owners must adhere to several items in the order, including restricting a list of specific individuals from further contact with the property, cleaning and fixing the property, and retaining a licensed realtor or property manager to be responsible for renting the property. The owners of the home at 21068 West Mayhew Drive, Thomas Monahan and Mary Shirey Monahan, have agreed to limit the number of residents, and restrict the same list of individuals from the property. The owners must also not allow any firearms or illegal drugs on the property, and comply with all health and safety codes. Deputy Attorneys General Carla Jarosz and Beth Savitz represented the Department of Justice in these hearings, which has been part of the Attorney General Denn’s office renewed use of the state’s criminal nuisance property statue to deal with problem properties (https://news.delaware.gov/2016/10/06/nal/).

Delaware Files Amicus Brief Supporting a Colorado Student’s Claim on Behalf of Delaware, Massachusetts, and New Mexico.

Delaware Attorney General Matt Denn, joined by the Attorneys General of Massachusetts and New Mexico, filed a formal brief Monday with the United States Supreme Court supporting the appeal of a Colorado public school student with disabilities who claims that his school district has not complied with federal law in meeting his educational needs. The brief filed by Delaware urges the United States Supreme Court to adopt a higher national standard for the services that U.S. schools must provide, and articulates that the standard reflected in Delaware state law, rather than the lower standard used in Colorado and many other states, is the proper standard to measure the provision of such services.

The brief was written by Delaware State Solicitor Aaron Goldstein and Deputy Attorneys General Patricia Davis and Laura Makransky. The brief states that the three Attorneys General “implore this Court to find that the highest level of educational benefit for children with disabilities currently recognized by federal courts of appeal is the correct level for all of the nation’s children with disabilities in order to ensure that the [Individuals with Disabilities Education Act]’s ideals of equality of opportunity, full participation, independent living, and economic self-sufficiency are fulfilled.”

Although Attorney General Denn has joined other briefs filed with the United States Supreme Court since taking office in January of 2015, this is the first United States Supreme Court brief that his office has authored since he took office. “We chose this issue to seek to be heard with the United States Supreme Court,” Denn said, “because it is fundamentally important to the future of every child with a disability in our nation’s public schools. We also sought to be heard because how the Supreme Court phrases its opinion could also have a direct impact on students with disabilities in Delaware public schools.”

Read a copy of the brief submitted by Delaware on behalf of Delaware, Massachusetts, and New Mexico here.

Sex offenses, drug and gun cases also lead to convictions
Additionally: New Castle house deemed Criminal Nuisance, ordered to halt criminal activity or face closure

One man was sentenced to life in prison plus 20 years for a 2015 Wilmington murder, while his accomplice received a sentence of 30 years this morning in New Castle County Superior Court. Attiba Mayfield, 22, of Wilmington, and 21-year-old Michael Broomer of Bear were convicted earlier this year for the murder of 19-year-old Raekwon Mangrum of Wilmington in April of last year. Mangrum was shot multiple times outside of a home in the 200 block of North Monroe Street. An 18-year-old woman who was with Mangrum was shot in the leg. The State’s evidence at trial portrayed Mayfield as the one who fired the gunshots, and Mayfield was convicted in June on charges of Murder First Degree, two counts of Possession of a Firearm During the Commission of a Felony, Conspiracy First Degree, and Reckless Endangering First Degree. He was given a mandatory sentence of life in prison, plus an additional 20 years by Judge Ferris Wharton. Broomer was convicted of Murder Second Degree, two counts of Possession of a Firearm During the Commission of a Felony, and one count of Reckless Endangering First Degree. Judge Wharton sentenced him to 30 years in prison. Deputy Attorneys General Brian Robertson and Dan McBride prosecuted the cases.

A 36-year-old man from Dresden, Maine faces 8 to 100 years in prison for raping a 14-year-old girl in a Delaware motel in 2015. Deputy Attorney General John Donahue secured a guilty plea from James Allen to three counts of Rape Third Degree and one count of Sexual Exploitation of a Child. In February 2015, Allen was arrested when State Troopers went to the Comfort Inn on U.S. Rt. 113 in Georgetown and found a girl who had been reported as a runaway. Allen said the two met on social media and agreed to meet in Delaware. Allen is scheduled for sentencing before Superior Court Judge Richard Stokes in January.

A 21-year-old Clayton man faces up to 31 years in prison after pleading guilty to sexual offenses against three young children. Deputy Attorney General Jan van Amerongen secured the plea from Anthony Rodriguez, to Sexual Solicitation of a Child, and two counts of Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision Second Degree. While working as a teacher at the Kidz Inc. Academy day care in Newark during the summer of 2015, Rodriguez kissed and touched the young children. Rodriguez will be sentenced by Superior Court Judge Eric Davis on November 15, 2016.

Deputy Attorney General Lindsay Taylor secured a guilty plea from Kevin McDonald, 43, of Magnolia, to pled guilty to two counts of Drug Dealing Tier 4 Cocaine and one count of Attempted Drug Dealing Tier 4 Cocaine. In the summer of 2015 during an investigation by State Police, McDonald sold cocaine to undercover police officers on two separate occasions, and, police were able to intercept a mail delivery of more than 210 grams of cocaine. McDonald was sentenced by Superior Court Judge Jeffrey Clark to a total of 6 years in prison, followed by a year of probation.

Deputy Attorney General Nicole Hartman secured a guilty verdict against Jamarr Cannon, 33, of Dover for Possession of Firearm Ammunition by a Person Prohibited. During the summer of 2013, Cannon was the subject of a Dover Police Department drug investigation. In August, police executing a search warrant at an apartment on Courtside Drive in Dover, found Cannon inside with drugs, weapons, and ammunition. Due to a previous conviction for cocaine trafficking, Cannon is prohibited from having a firearm or ammunition, and will face up to 8 years in prison when sentenced in Kent County Superior Court.

A home at 1107 Washington Street in New Castle has been declared a nuisance property, forcing the owners to no longer allow illegal activity to take place, and comply with all code and zoning ordinances. Superior Court Judge Mary Miller Johnston signed the order against the property, and its owners, Sarah Hinrichs, who lives at the property, and Margaret Elizabeth Keefer of Peach Bottom, Pennsylvania. In a complaint filed in Superior Court by Deputy Attorney General Oliver Cleary as part of the Delaware Department of Justice stepped-up focus on nuisance properties, the house was detailed to be the site of drug use, an assault, acts of prostitution, and several arrests. The property also had housing and health code violations. The abatement order also bans illegal drugs, and states the property will not house any known or suspected fugitives. Any future violations could mean the property could be ordered closed by the court. Background on criminal nuisance property initiative available here.

Letters Are Limited to Fantasy Contests That Require Payment for Participation and Offer Cash Awards

On Thursday, the Delaware Department of Justice formally notified DraftKings, Inc., FanDuel, Inc., and Yahoo! Inc. that their respective online fantasy sports activities are not permitted under Delaware law, and asked that the companies add Delaware to their respective online lists of states in which players are not legally permitted to win monetary prizes. DOJ had initially notified state regulators in March of this year that these types of games were not permitted under Delaware law, and this information was subsequently shared by those agencies with certain of the companies in question. The Department initially refrained from taking formal action because certain online fantasy sports companies indicated that a change in Delaware law would be proposed in the state legislature. However, with the General Assembly’s session expiring on June 30th and no such changes in the law having occurred, DOJ sent formal notices to the companies Thursday.

The Delaware Constitution clearly articulates the general prohibition of gambling in the State. Specifically, Article II, section 17 prohibits “[a]ll forms of gambling” except “(a) Lotteries under State control for the purpose of raising funds.” Online fantasy sports games that are offered in Delaware are not presently “under State control.” Relying on the Delaware Constitution, as well as State and Federal case law, DOJ attorneys determined that online fantasy contests that involve payment for playing and monetary rewards constitute gambling because chance, as opposed to skill, is the dominant factor in the outcome of these contests.

An online fantasy sports contestant selects fantasy players and teams, but has no role in how these players actually perform once the real-life games or events occur. Real-life players perform better on some days than on others. The weather can affect how a real-life player performs. A manager or coach can decide not to use certain real-life players, who may be injured during a game or, for example in the football context, may not run the ball as often or catch as many passes as a skilled participant might expect. The most skilled participants might lose and less skilled participants might win because of what actually happens during the real-life game. In other words, real-life players are human and human behavior is unpredictable. This is why chance – and not skill – is the dominant factor in online fantasy sports contests and why these contests are illegal in Delaware.

As games of chance, these contests are lotteries that must be operated under the control of the State or permitted through appropriate and specific legislation, otherwise they are illegal under Delaware law. While it is acknowledged that certain individuals may use their respective sports knowledge in selecting their fantasy players and otherwise participating in such contests, that factor alone does not make the contests games of skill. Put simply, current Delaware law does not permit online fantasy sports contests where there is payment required for participation and a possibility of winning money like those offered by DraftKings, Inc., FanDuel, Inc., and Yahoo! Inc. To the extent that these companies are willing to offer their contests without the possibility of winning money or should Delaware law change in the manner proposed in House Bill 444, such games might be offered legally. DOJ has not and will not demand that currently available online fantasy sports contests that do not include a requirement of payment for participation and the possibility of a monetary reward cease and desist operation in Delaware. We are certain that many Delaware residents and visitors would enjoy participating in the full array of fantasy sports contests, including those that require payment for participation and have cash awards. But until such contests can be offered legally, the Department of Justice must enforce the law.