Kansas Man Indicted with Hate Crime for Racially-Motivated Threat of a Minor and for Unlawfully Possessing a Firearm

The Justice Department announced that a federal grand jury in Kansas City, Kansas, returned an indictment charging Colton Donner, 25, with threatening an African-American male juvenile, because of the victim’s race and because the victim was living in a home in Paola, Kansas, in violation of Title 42, U.S. Code, Section 3631.

For a separate incident, Donner was charged with unlawfully possessing a firearm while being a convicted felon, in violation of Title 18, U.S. Code, Section 922(g)(1) and 924(a)(2). 

The indictment alleges that Donner shouted racial slurs and brandished a knife, a dangerous weapon, at the victim in Paola, Kansas. The indictment further alleges that Donner, knowing he was a convicted felon, possessed .44 caliber revolver.

An indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty. Donner faces a maximum sentence of 10 years in prison and a $250,000 fine for both the civil rights and firearm charges.

The case is being investigated by the Kansas City Field Office of the FBI. The case is being prosecuted by Assistant U.S. Attorney Tristan Hunt of the United States Attorney’s Office and Trial Attorney Anita Channapati of the Civil Rights Division’s Criminal Section.

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    In U.S GAO News
    Technical assistance refers to programs, activities, and services provided by federal agencies to strengthen the capacity of grant recipients and to improve their performance of grant functions. Technical assistance can improve the performance or management of grant program recipients. Technical assistance includes the improvement of grant outcomes, grant management, grantee compliance, project monitoring and evaluation, and interactions with stakeholders. The technical assistance provided by the selected agencies—the Department of Education (Education), the Department of Health and Human Services' Administration for Children and Families (ACF), and the Department of Labor's Employment and Training Administration (ETA)—is designed to align with the requirements of each agency's grant programs and the individual grantee's needs. The types of technical assistance provided by agencies varied and included a range of delivery methods shown below. Types of Technical Assistance Provided by Selected Agencies Education tailors its approach to provide technical assistance to grantees based on recipients' needs and their efforts to obtain technical assistance. According to ACF, some grant programs have extensive, dedicated technical assistance that is grant specific, while other grant programs share technical assistance resources provided by multiple technical assistance centers. ACF's technical assistance can be based on program office oversight of the grantees that includes financial and internal control reviews and site visits. For ETA, state and local grantees administer ETA-funded programs throughout the country and technical assistance plays a role in ensuring these programs' successful implementation. According to ETA officials, technical assistance activities are based on grant program objectives. The 10 grant programs GAO reviewed evaluated technical assistance, collected feedback from recipients of the technical assistance, and incorporated feedback into technical assistance. For example, a School Safety National Activities evaluation of one of its national centers included targets for multiple performance measures and the actual performance for each measure. These measures included the percentage of milestones achieved and the percentage of technical assistance and dissemination products and services deemed to be high quality by an independent review panel. The overall goal of technical assistance is to enhance the delivery of agency programs and help ensure grantee compliance. GAO was asked to review issues related to technical assistance for grants at Education, ACF, and ETA. This report (1) describes how Education, ACF, and ETA provide technical assistance to grantees; and (2) examines to what extent these agencies evaluate the technical assistance. For this review, GAO selected 10 grant programs from the three agencies based on fiscal year 2018 funding information and the purpose of the grant. GAO reviewed documents and interviewed agency officials about the technical assistance provided, the provider and recipient of technical assistance, and the amount obligated in fiscal year 2018 for the 10 grant programs reviewed. GAO also reviewed documents and interviewed agencies about the extent to which they evaluated technical assistance, whether they gathered feedback from the recipients of technical assistance, and whether feedback was included in the evaluations for the 10 grant programs reviewed. For more information, contact Michelle Sager at (202) 512-6806 or SagerM@gao.gov.
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    In U.S GAO News
    At the state and federal levels, GAO found weaknesses in the oversight of Medicaid managed long-term services and supports (MLTSS), which assist individuals with basic needs like bathing or eating. Through various monitoring approaches, six selected states identified significant problems in their MLTSS programs with managed care organization (MCO) performance of care management, which includes assessing beneficiary needs, authorizing services, and monitoring service provision to ensure quality and access to care. State efforts may not be identifying all care management problems due to limitations in the information they use to monitor MCOs, allowing some performance problems to continue over multiple years. Performance Problems in Managed Care Organization (MCO) Care Management, Identified by Selected States GAO found that the Centers for Medicare & Medicaid Services' (CMS) oversight of state implementation of its 2016 requirements, and of access and quality in MLTSS more broadly, was limited. This hinders the agency's ability to hold states and MCOs accountable for quality and access problems beneficiaries may face. Oversight did not detect quality and access problems. GAO identified cases where CMS learned about problems not through its regular oversight, but instead from beneficiary complaints, media reports, or GAO. CMS officials said that states had not reported these problems to the agency. Lack of national oversight strategy and assessment of problems in MLTSS. Weaknesses in oversight reflect a broader area of concern—namely, that CMS lacks a strategy for oversight. CMS also has not assessed the nature and extent of access and quality problems across states. Without a strategy and more robust information, CMS risks being unable to identify and help address problems facing beneficiaries. As of July 2020, CMS had convened a new workgroup focused on MLTSS oversight, though the goals and time frames for its work were unclear. An increasing number of states are using managed care to deliver long-term services and supports in their Medicaid programs, thus delegating decisions around the amounts and types of care beneficiaries receive to MCOs. Federal guidance requires that MLTSS programs include monitoring procedures to ensure the appropriateness of those decisions for this complex population, which includes adults and children who may have physical, cognitive, and mental disabilities. GAO was asked to review care management in MLTSS programs. Among other things, this report examines state monitoring of care management, and CMS oversight of state implementation of 2016 requirements related to MLTSS quality and access. GAO examined documentation of monitoring procedures and problems identified in six states selected for variation in program age and location. GAO reviewed federal regulations and oversight documents, interviewed state and federal Medicaid officials, and assessed CMS's policies and procedures against federal internal control standards. GAO is making two recommendations to CMS to (1) develop a national strategy for overseeing MLTSS, and (2) assess the nature and prevalence of MLTSS quality and access problems across states. CMS did not concur with the recommendations. GAO maintains the recommendations are warranted, as discussed in this report. For more information, contact at (202) 512-7114 or yocomc@gao.gov.
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  • Information Security and Privacy: HUD Needs a Major Effort to Protect Data Shared with External Entities
    In U.S GAO News
    The Department of Housing and Urban Development (HUD) is not effectively protecting sensitive information exchanged with external entities. Of four leading practices for such oversight, HUD did not address one practice and only minimally addressed the other three in its security and privacy policies and procedures (see table). For example, HUD minimally addressed the first leading practice because its policy required federal agencies and contractors with which it exchanges information to implement risk-based security controls; however, the department did not, among other things, establish a process or mechanism to ensure all external entities complied with security and privacy requirements when processing, storing, or sharing information outside of HUD systems. HUD's weaknesses in the four practices were due largely to a lack of priority given to updating its policies. Until HUD implements the leading practices, it is unlikely that the department will be able to mitigate risks to its programs and program participants. Extent to Which the Department of Housing and Urban Development (HUD) Policies and Procedures Address Leading Practices for Overseeing the Protection of Sensitive Information Practice Rating Require risk-based security and privacy controls ◔ Independently assess implementation of controls ◌ Identify and track corrective actions needed ◔ Monitor progress implementing controls ◔ Legend: ◔=Minimally addressed—leading practice was addressed to a limited extent; ◌=Not addressed—leading practice was not addressed. Source: GAO analysis of HUD data. | GAO-20-431 HUD was not fully able to identify external entities that process, store, or share sensitive information with its systems used to support housing, community investment, or mortgage loan programs. HUD's data were incomplete and did not provide reliable information about external entities with access to sensitive information from these systems. For example, GAO identified additional external entities in system documentation beyond what HUD reported for 23 of 32 systems. HUD was further limited in its ability to protect sensitive information because it did not track the types of personally identifiable information or other sensitive information shared with external entities that required protection. This occurred, in part, because the department did not have a comprehensive inventory of systems, to include information on external entities. Its policies and procedures also focused primarily on security and privacy for internal systems and lacked specificity about how to ensure that all types of external entities protected information collected, processed, or shared with the department. Until HUD develops sufficient, reliable information about external entities with which program information is shared and the extent to which each entity has access to personally identifiable information and other sensitive information, the department will be limited in its ability to safeguard information about its housing, community investment, and mortgage loan programs. To administer housing, community investment, and mortgage loan programs, HUD collects a vast amount of sensitive personal information and shares it with external entities, including federal agencies, contractors, and state, local, and tribal organizations. In 2016, HUD reported two incidents that compromised sensitive information. House Report 115-237, referenced by the Consolidated Appropriations Act, 2018, included a provision for GAO to evaluate HUD's information security framework for protecting information within these programs. The objectives were to (1) assess the effectiveness of HUD's policies and procedures for overseeing the security and privacy of sensitive information exchanged with external entities; and (2) determine the extent to which HUD was able to identify external entities that process, store, and share sensitive information with applicable systems. GAO compared HUD's policies and practices for systems' security and privacy to four leading practices identified in federal legislation and guidance. GAO also assessed HUD's practices for identifying external entities with access to sensitive information. GAO is making five recommendations to HUD to fully implement the four leading practices and fully identify the extent to which sensitive information is shared with external entities. HUD did not agree or disagree with the recommendations, but described actions intended to address them. For more information, contact Carol C. Harris at (202) 512-4456 or harriscc@gao.gov.
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    In Crime News
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