Until We Sued For Records, The Public Didn't Know

We use old-fashioned reporting methods at VTDigger: We ask for public records to get at the truth.
State officials sometimes obfuscate, spin or simply refuse to answer questions.

VTDigger reporters believe government officials should serve the interests of all Vermonters. And when they don’t, we believe you have a right to know about it.

That’s why we ask the state to give us records.

Seeking documents from state government, however, has become increasingly difficult.

Officials refused, for example, to give us records or answer questions about the status of the Vermont EB-5 Regional Center in the wake of allegations of fraud at Jay Peak Resort.

We were finally able to get at the truth about the state’s EB-5 program in March, but only after we engaged in a protracted battle that began with an appeal of the state’s denial of our records request by the Vermont Attorney General and a lawsuit against the state last fall.

The records show that the federal government threatened to shut down the Vermont EB-5 Regional Center in August of last year because of allegations of a $200 million fraud at Jay Peak Resort.

We were able to get that information because we fought hard for the records and the public’s right to know — in the face of stony silence, stalling tactics, full-page redactions and legal attacks from the Vermont Attorney General’s office.

Unfortunately, this is nothing new for us at VTDigger. Officials have refused to release records about the role the state EB-5 center played in allowing the fraud at Jay Peak to continue unabated from 2008 to 2016 — even after a former business partner publicly raised questions about financial improprieties in 2012.

Nearly two years ago, when we were alone in our coverage of Jay Peak investor complaints, we asked for state communications about what transpired in 2012 and 2013. Our requests were repeatedly rebuffed.

In January, the Shumlin administration left office and a new governor took the helm. Yet, even now, the records remain under lock and key under the invocation, by the Vermont Attorney General’s office, of a broad exemption in the Vermont Public Records Act.

We don’t think it’s appropriate for state officials to withhold records created on the taxpayers’ dime. We believe it is critical for the public to have access to information about how government is operating.

That’s why we keep pushing for open records.

We thank readers who have already contributed to our spring membership drive, and we are especially grateful to readers who give on a monthly basis.

About 40 percent of our funding comes from readers. We limit our donation solicitation campaigns to two times a year — spring and late fall. It’s because of reader support that we now have a 13 person newsroom that covers daily statewide news in Montpelier, the Burlington area, Rutland, Bennington, Windham county and beyond.

We have invested in news staff because we believe rigorous reporting on matters of public interest is essential to a functioning democracy.

For our spring drive, we need raise a total of $200,000 to stay on budget for 2017.

We have $134,000 to go by June 15. The next $10,000 will be matched by the Vermont Journalism Trust board of trustees.

https://vtdigger.org/2017/05/21/sued-records-public-didnt-know/

Mentions

• Vermont EB5 Regional Center

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• Vermont