Hands Off Cain
NEWS ARCHIVE·DEATH PENALTY·JANUARY 29, 2016

USA - Missouri. State Paid Executioners $250,000 In Cash, Possibly Violating Tax Law.

USA - Missouri. State Paid Executioners $250,000 In Cash, Possibly Violating Tax Law.

5 MIN READ
Missouri Paid Executioners $250,000 In Cash, Possibly Violating Tax Law. The state pays its small team of executioners in cash to limit the paper trail. The state isn't sending proper paperwork to the IRS - experts told BuzzFeed News that it could be contributing to tax evasion. Shortly before each execution in Missouri, a high-ranking corrections official takes envelopes filled with thousands of dollars in cash to the state's executioners. The cash limits the paper trail - and helps keep the identities of the executioners hidden. Most of the envelopes are filled with hundred dollar bills. And on the outside, the envelopes carry instructions: They aren't to be opened until "completion of services rendered." The executioners are given pseudonyms to protect their identities: M2, the nurse, gets $2,400, while M3, the anesthesiologist, gets the envelope marked $3,000. M7, the drug supplier, gets the most, an envelope filled with $7,178.88. Missouri Director of Adult Institutions David Dormire has handed out nearly a hundred envelopes filled with cash since November 2013. Over that span of time, Dormire delivered $284,551.84 in cash to the small group of individuals who help the state carry out the death penalty, according to a BuzzFeed News review of receipts, an audit of the payments, a spreadsheet showing cash withdrawals, and memos marked "confidential" in which the payments were discussed. Several experts who spoke with BuzzFeed News said the state’s methods raise serious questions about whether the state has followed federal tax law. The Internal Revenue Service requires those who pay contractors $600 or more to file a disclosure called a 1099 with the agency, as well as with the person receiving the money. The disclosures notify the IRS that the agency should be checking to make sure the recipient is paying taxes on those payments. But in response to a BuzzFeed News open records request, the Department of Corrections said it had no records about 1099s for the executioners. The department's internal procedures make no mention of 1099s or any other notice to the IRS. The department of corrections was given more than 24 hours to respond to a request for comment, which it did not do. A spokesperson said only that the department was reviewing the inquiry. Without informing the IRS that the state is handing out this amount of cash, the federal government has no way to ensure that the recipients are paying taxes. Experts BuzzFeed News spoke with said Missouri could be contributing to considerable tax evasion. "I can't imagine why the state wouldn't be issuing 1099s here," said Bryan Camp, a former IRS employee who is now a law professor at Texas Tech. "I can't think of a good answer." The penalties for the state not issuing 1099s are relatively modest, the experts said - starting at $100 per 1099. But it can add up, especially if the violation was intentional. These would be penalties for the state. But there are other penalties for the recipient if they did not disclose the cash payments to the IRS and pay taxes on them. Without a 1099, however, the IRS would not have a way to know to check if the recipients had paid their taxes. Questions about the cash payments have been raised before. A February 2015 audit by the Missouri Auditor's Office found that the Department of Corrections was not following its procedures for cash payments. "The DOC did not record the amount of the cash payments on receipt forms signed by execution team members and did not always require the exchange of the cash payments to be acknowledged by a witness signature, as required by DOC procedures," the audit found. That audit dealt with a small portion - $21,266 - of the cash that the Department of Corrections dispensed between March 2013 and February 2014. In a statement, Attorney General Chris Koster's office said "By law, we are charged with representing the Department of Corrections, and so we decline to comment." Missouri is not the only state that pays its executioners in cash. BuzzFeed News has found evidence that, at the least, Arizona and Oklahoma do as well. Arizona, though, has provided 1099s in conjunction with its executions. The state turned over redacted 1099s as part of ongoing litigation. The state's medical team leader, who was paid $18,000 per execution, also said in a deposition that Arizona gave him a 1099. Oklahoma uses cash payments as well - but in that state, the payments are much smaller. Each executioner in Oklahoma is paid only $300 per lethal injection. One doctor complained about his compensation for the 2014 botched execution of Clayton Lockett, a 43-minute lethal injection in which the inmate writhed and sat up on the gurney. Even though that execution was botched, and a 2nd one scheduled for that night wasn't carried out, the doctor was paid $600 - the price for both. "Well I know the doctor was" paid for both, then-Warden Anita Trammell told investigators afterward. "Cause [redacted] got blood all over his jacket and I mean, it was a bloody mess. [Redacted] was complaining about that. [Redacted] says [redacted] gotta get enough money out of this to go buy a new jacket."
SOURCES
  • (source: BuzzFeedNews, 29/01/2016)