Written by: Current TCCC Resident
Tier 4 residents at the TCCC are under threat and/or coercion to participate in MTC’s Work Program. All tier 4’s are required to work, supposedly for the sole purpose to save money for their release to the community. Both MTC and Correct Care Recovery Solutions/Well Path (CCRS), filed 1099’s with the Internal Revenue Services, listing all RESIDENTS AS CONTRACT WORKERS, when in fact we’re EMPLOYEES. Neither entity reported to the IRS that they automatically, for TCCO, deduct 33% of a resident’s pay, without a court order. Furthermore, because residents are told when to work, how long to work, and where to work, we are in fact employees of MTC. MTC is in violation of federal tax laws. MTC’s Resident Work Program is not therapeutic. The only jobs available are: (1) kitchen workers/dishwashers; (2) maintenance workers; and (3) janitorial services. Residents are not being provided a skill that they can possibly excel in upon their release from the TCCC.
The Resident Work Program does not comport with IRS’s guidelines when it comes to differentiating CONTRACT WORKERS from EMPLOYEES, the Resident Work Program is a sham and clearly is manipulated by MTC and CCRS so that they don’t have to pay FICA (Social Security and Medicare benefits).
The test to determine whether a worker is an employee rather than an independent contractor is whether the employer has the right to control the progress, details, and methods of operations of the work. Resident workers are told: when to report to work, how to do the work, when to take a lunch break, and all tools are provided by both private entities, 26 U.S.C. $ 7434(a) provides:
If any person willfully files a fraudulent information return with respect to payments purported to be made to any other person, such other person may bring a civil action for damages against the person so filing such return.
In order for residents at the TCCC to establish a claim of tax fraud under 26 U.S.C. $7434 (a) it must be proved that (1) both MTC and CCRS issued an information return; (2) the information return was fraudulent; and (3) both MTC and CCRS willfully issued a fraudulent information return.
Rather than MTC and CCRS report on the 1099 Forms that they automatically deduct 33% from a Resident Worker’s monthly pay, both MTC and CCRS reported resident workers’ gross pay for the year. This is fraud, as well as against the law.
Because of this scheme, resident workers are not able to gain earned income credit, and because the hours are at a bare minimum, residents are unable to save income towards their retirement. Both MTC and CCRS, realize that resident workers will not make enough to pay taxes, and therefore depend upon resident workers to not file their income tax returns. If residents don’t file their yearly income tax returns, then the scheme works. Either way, both MTC and CCRS are required by law to pay FICA for its employees. Resident workers are not INDEPENDENT CONTRACTORS, but merely EMPLOYEES that are being cheated.
Director McLane also imposed upon residents to pay 33% of their stimulus money that was received from the federal government. If residents do not pay the 33% from their stimulus checks, they will not be allowed to advance in tiers; and will lose privileges until the 33% is paid. This is extortion! The federal government has already declared that stimulus money is not earned income.
2 thoughts on “SHAM WORK PROGRAM: DEFRAUDS THE FEDERAL GOVERNMENT”
This is something I have thought about before. Thanks for reporting on this topic. By the way have you submitted the petition yet? And do you know when the legislature adjourns for the year?
Medical care is still minimal, my brother is diabetic, was administered medication over a year ago, recently was seen by a doctor who told him to keep taking the medication without running any blood work.
This practice is so far from the norm, I am borderline diabetic, have high cholesterol and my doctor checks my blood work every 3 months.
Uhg, my brother is getting depressed. There is no treatment for that!
Torn-on what to do MS Sent from my iPhone
It is extremely frustrating. In answer to your questions, we have not submitted the petition yet. We are trying to reach our goal of 5,000 signatures before we send it in.
I am not sure about the legislature. I have called numerous people/offices and apparently nobody in Austin knows more than we do…I can’t imagine who’s running the capital! I do know that Gov. Abbott has asked every agency to cut their funding by 5%. So TCCO has done that. That puts them receiving approximately $18million every year for two years. That’s less than what they’ve been getting. The first thing one man said was, “We already don’t get enough to eat.” It’s pitiful. Of course TCCO didn’t cut out McLane’s raise. She will receive $207,000 annually. You would think if you’re cutting the budget, people wouldn’t get raises.
The medical care is pretty much nonexistent. Texas Tech was on site in Littlefield and responsible for the medical care of the men. It’s rumored they got tired of dealing with TCCO and MTC. Last fall, TCCO and MTC told the men to buy their own OTC medication. What about the men that can’t afford it? I guess they just do without? I know from sources that work inside, an employee asked that very question and was kicked out of a meeting! So not only are they not going to deal with the indigent men, they aren’t going to let anyone talk about it even taking place! It started with Tylenol. They told the men they weren’t going to provide Tylenol anymore. Then during the Covid outbreak, they stopped giving ANY OTC medication. Although, if you ask TCCO Supervisor Lara she’ll tell you that’s not true. She lied to several families- told them the men were given medication from the nurses, and all they had to do was ask for it. Kind of like all they had to do was ask for the flu shot. It’s my understanding that only ONE building of men ever got the flu shot. WHY IS THAT??? Many men have REPEATEDLY asked for the flu shot just like Lara said that’s all they had to do, but still no shot.
Now, they have been asked if they want the Covid vaccine. Are they REALLY going to get it? Or is this like the flu shot??? Who do you ask? Who do you believe when you do ask?
So…What do we do?
Sadly, very few senators know what civil commitment is about. They have it buried so deep in the Health and Human Services department, nobody can find it.
So what next?
Minnesota has had some luck because the men and their families have organized. They are actually sitting and talking about a “path home”. That’s what we want!
I think we have some options, but I think we need to get our families involved. I have a few people that are helping, and I do mean a few.
The more families we can get involved, the better. They may be doing things like phone calls once or twice a week, reaching out to other families, sending an email, etc. We have talked about a few bigger things, but we’ll start small. Ha!
Right now we just need families to reach out and let us know if they want to help.