After spending much of yesterday attacking as "leftist" the news organization that published the story about the 2007 sale of his family pharmacy, Rep. Mike Ross (D-AR) today released a fuller response and a letter from the buyer.
The new responses don't address the key question of whether the pharmacy chain USA Drug paid an inflated price of $420,000 for the land and pharmacy building owned by Ross and his pharmacist wife, which was significantly more than the county's $263,000 assessment and a price tag of $198,000 from an appraiser hired by ProPublica this year.
A letter from USA drug detailing the transaction with the contemporaneous closing statement on the sale of the business assets -- not the real estate -- was provided to the the Arkansas Times by Ross' office. The assets were drugs on the shelf, fixtures, etc -- and the closing statement breaks down 10 items adding up to a total assets price of $724,420.
What the USA Drug letter doesn't include is any new information about the $420,000 sale of the land and pharmacy building. It says: "2. Land and Building. The land and the building were purchased for $420,000. A closing statement is attached."
But the closing statement lays out the assets purchase details, nothing about the land and building.
Calls to USA Drug were not returned.
In a letter to the editor of Politico, which published the article, Ross has this to say about the real estate:
The premise of the reporter's allegations focuses on the discrepancy between the assessed value of the property and the value at which the property was sold. It is important to note, as any real estate agent will tell you, that there is a major difference between an assessment and an appraisal and the two can never be compared on equal footing. ProPublica did have the property recently appraised. However, it is also important to know that an appraisal can be used for a lending decision up to a year after completion - even ProPublica's appraisal had an expiration date of 2010. But, in today's challenging real estate environment, a lender most likely will not even go over six months. Therefore, given the economic conditions have changed considerably since 2007 - especially in the real estate sector - one cannot compare a present-day appraisal to one conducted two years ago.
The basic point being: an appraisal done this year (the one that produced the $198,000 figure) doesn't apply to a $420,000 sale made back in 2007. The problem is, as ProPublica reports, real estate prices in the tiny town of Prescott, Arkansas, haven't changed much in recent years.
Ross' office has not responded to requests for more information. And in his letter to Politico, Ross again smears ProPublica as some kind of outside advocacy group, which it clearly is not:
In the future, I would hope your news organization, Politico, would double-check its submissions from groups like ProPublica so as to avoid printing tabloid journalism and instead focus on presenting facts and substantive debate.
Ross adds: "My office cooperated fully with the reporter over a two-month period." In fact, he and his wife, who still works at the pharmacy, declined to comment for the story.

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Mrs Panstreppon
September 24, 2009 6:20 PM
Again, you have to consider the total purchase price to determine if USA Drug overpaid for the pharmacy's business. How the purchase price was allocated between assets is irrelvant for this purpose.
If Mike Ross and USA Drug re-wrote the contract and allocated $190k more to the patient files and $180k less to the real estate, would that make you happy? The real estate would be sold at assessed value and you're not in a position to assess the value of a patient files.
At most, Ross and USA Drug are guilty of inflating the value of real estate to avoid ascribing part of the purchase price to goodwill which is not tax deductible.
Since no one at TPM Muckraker, Pro Publica or Politico appears to know how a sale of assets is usually accounted for, I suggest someone call a CPA to ask about how these sales are stuctured before accusing someone of being corrupt.
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mJJ
September 25, 2009 1:40 AM in reply to Mrs Panstreppon
The entire problem is that in addition to the suspect sale price, we have to conclude that this Congressman has juggled the books in an effort to avoid scrutiny. He is making things worse by his ever-changing explanations and his continued unbelievable statements about this transaction. He should recuse himself from voting on the issue because he does have a vested interest in keeping governmental reimbursements high.
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kgb999
September 25, 2009 4:18 AM in reply to Mrs Panstreppon
And are you really suggesting a $190,000 "goodwill" payment to a legislator from a drug company wouldn't raise questions?
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Mrs Panstreppon
September 25, 2009 1:19 PM in reply to kgb999
My point is the total purchase price has to be taken into consideration to determine if USA Drugs grossly overpaid for Holly's Health Mart. There may have been a good reason for USA Drugs to pay a premium for the location and facility.
I took a street-level look at Holly's Health Mart on google maps and I did the same for only other pharmacy in town, AllCare. Holly's Health Mart obviously has a better location than AllCare. AllCare is much smaller store and not as attractive on the outside as Holly's Health Mart.
USA Drugs appears to have bought a successful pharmacy in a good commercial location. If part of the value of the business is its good location, then ascribing a premium to the real estate is reasonable.
Since 2002, Ross valued the real estate at between $250k and $500k in his personal financial disclosure report submitted to Congress. He valued the pharmacy business at between $500k and $1 million.
Unless someone could emonstrate that the pharmacy was unprofitable, I don't think there is enough evidence to conclude that Mike Ross was overpaid for the pahramcy business taken as a whole.
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Tom Wells
September 24, 2009 6:52 PM
The attacks suggest that there is even more here. Wish we had a real media who ould look at this. Thank God for ProPublica for taking up the slack where for profit media falls down on the job.
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Portsider
September 24, 2009 6:53 PM
Mrs. Panstrep wrote in defending Congressman Mike Ross that
"At most, Ross and USA Drug are guilty of inflating the value of real estate to avoid ascribing part of the purchase price to goodwill which is not tax deductible."
How would such action not be tax fraud? If I go to the grocery store and buy $100 of taxable items and $100 of non-taxable items but get the store to agree to classify $50 of the taxable items as non taxable so I can save the sales tax on that $50 we both would not only be liable for the the taxes but also for penalties up to conspiracy to commit tax fraud.
I see no difference between the to situations.
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thecorsican
September 24, 2009 7:01 PM
let me offer a quote from the article:
"But the county, taking stock of the building materials and the size of the building, valued it at $225,000 in 1999 and $237,700 in 2004. A recent reassessment by the county [4] (PDF) set the current market value for the building and the lot at $269,000."
They never addressed that, It's all a paper game and frankly it's disingenuous to think that there was no quid pro quo here.
IMHO this comes under the old adage, "if it walks like a duck...".
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newpantaloons
September 24, 2009 8:05 PM
Isn't this exactly what Duke Cunningham went to prison for? When you consider all the statements that Mike Ross and the owner of USA Drug have made in the past, then it would be hard to come to any other conclusion than it is 'pay to play' and when you look at the contributions to Mike Ross from the pharmacy industry and USA Drug (counting his sales and the continued employment of his wife)he has raked in a lot of 'pay'.
This out and out PURCHASE of our representatives and Senators in Congress is just abominable!
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phelicity
September 25, 2009 11:14 AM in reply to newpantaloons
It may be "abominable" but politicians running for office or in office need large sums of money to get employed (by their constituents) or keep their employment, courtesy of their constituents.
The only way, apparently, they can get those 'large sums of money' is by filling the pockets, or keeping then filled, of rich constituents. It's our political system that's 'abominable.'
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Red Planet
September 24, 2009 8:34 PM
In Arkansas, county employees assess the value of real estate for tax purposes. They use their own formulae for these assessments, and even though they call the result a "market value," there is almost no relationship between the county's assessed value and the potential selling price of a piece of real estate. The assessed value is almost always something way below what the property would bring on the open market.
I don't know why, but I do know that's the way it is. So let's don't make a mountain out of this molehill. There is plenty in the campaign funding records to demonstrate how he is beholden to corporate health care interests, and what he is doing is wrong for the people of Arkansas and America. If someone's looking for a smoking gun to tie him to illegal activity, you're never going to make it stick by comparing the county assessment to the selling price. It's barking up the wrong tree.
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mans_best_friend
September 25, 2009 10:36 AM in reply to Red Planet
Were it not for the independent appraisal done by ProPublica, I'd say you had a valid point. We're not talking 10-15% here. The sale price was more than DOUBLE the independent appraisal. You just can't square that discrepancy.
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Red Planet
September 25, 2009 12:53 PM in reply to mans_best_friend
It's good to separate legitimate criticism from sloppy reporting, even when the target of a story is someone we don't respect.
In this case, I haven't seen anyone take the trouble to report that real estate selling prices, and county assessments for tax purpose, at least in Arkansas, bear little resemblance to each other. So the continual emphasis on the discrepancy between assessed value and selling price is misleading.
Following up on this same story, I see that AP reports today that Ross "told the Internal Revenue Service that the property was losing value," and that "during the nine years Ross owned the building, the record indicates, Ross depreciated its value on his taxes."
Please, can we have an adult do some of the reporting? If the AP doesn't understand the difference between depreciated value for tax purposes, and the market value of a property at sale, can't TPM hire someone who does?
Maybe Ross was overpaid for the pharmacy. I don't know. But I do know that these two criticisms display basic, and easily remedied, ignorance of property valuation and taxation.
There are many reasons to hope that Mike Ross's leadership position is diminished and that he gets his walking papers in the next election. But if we're going to attack him, let's make sure the attacks are credible. Reporters are not credible when they demonstrate such fundamental ignorance.
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jcricket
September 25, 2009 1:55 AM
Ross adds: "My office cooperated fully with the reporter over a two-month period."
You Lie!!!!
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smarish
September 25, 2009 8:43 AM
A few years in the slammer would maybe give this guy time to study tax laws and ethics laws.
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