Oklahoma’s Fisher Faces Felony Corruption Charges

Last August, Oklahoma Insurance Commissioner was charged with driving under the influence of alcohol and he pleaded no contest to the charge in October 2003. Now, he’s facing felony counts ranging from embezzlement to failure to register a charitable organization and report donations contributed to it.

In mid-February 2004 a multi-county grand jury handed down four indictments against Fisher and his special assistant, Opal Ellis. Two more indictments, concerning charges of embezzlement and profits from vending machine operations, were handed to Ellis alone. The Oklahoma County District Court unsealed the grand jury indictments against Fisher and Ellis on Feb. 17. The Fisher Foundation Inc., which was established ostensibly to provide shoes for underprivileged children, was also named in one of the indictments. Although the charity has reportedly collected some $50,000, apparently no shoes have been purchased. Fisher is named in the indictment as president of the foundation and Ellis is named as the secretary.

Fisher and Ellis have pleaded not guilty to all charges and are both free on $1,000 bonds.

One indictment accuses Fisher and Ellis of failing to deposit with the state fees collected from insurance agents for required continuing education classes. The two collected the fees in their capacity as state officials during the time period of April 1999 through March 2003.

“The indictment alleges Commissioner Fisher and Ellis deposited money paid to the Insurance Department in Ellis’ personal bank account,” Oklahoma Attorney Drew Edmondson said in published statement. “They then transferred those funds to a separate, private bank account to which only they had access. The money was collected for continuing education courses as part of their official duties and should have been deposited in an account with the state treasurer.”

While stating he had no comment about Fisher’s situation, Dan Ramsey, executive director of the Independent Insurance Agents of Oklahoma, said he believes the problem with where the CE money was deposited does not affect the CE credits received by the agents who paid the fees. The agents paid the fees, took the classes and received the credits, Ramsey said. He noted that as a regulator Fisher has been a good one from the IIAO’s perspective and working with him has been a productive experience.

In a separate indictment Fisher, Ellis and the Fisher Foundation are accused of failure to register a non-exempt charitable organization, failure to report contributions to a non-exempt charitable organization and failure to provide and keep a copy of written receipts for those contributions.

“All non-exempt charities are required by law to register with the Secretary of State,” Edmondson said. “Commissioner Fisher, as the foundation’s president, and Ellis, as its secretary, are responsible for failing to do so. They also are accused of failing to report more than $23,100 in contributions from 2000, and of failing to provide, and keep a duplicate of, receipts for contributions. The indictment alleges no receipts were provided nor kept for almost $18,000 received by the charity between March 2001 and March 2003.”

Ellis is accused of embezzling funds paid to the insurance department for continuing education courses, as well as money collected through sales of tickets to a banquet held at a department-sponsored CE day. She is also charged with illegally demanding payment and accepting money from a vending machine operator in exchange for her approval to place the machines at the department.

The indictments allege that Ellis deposited money “into her personal bank account located within Oklahoma County, State of Oklahoma, thereby commingling said money with her personal funds, and did then and there willfully, unlawfully and feloniously appropriate a portion of said money to her personal use, or to the use of a person or persons not entitled thereto, without authority of law.”

Ellis is accused of having received 10 percent of the sales from vending machines placed at the DOI from July 1999 to July 2003. She allegedly spent some of the money for personal use, in addition to purchasing an expensive gift for Fisher.

Attorney General Edmondson said the Ellis and Fisher investigation is continuing. If convicted Fisher could receive up to 26 years in prison and Ellis, facing six felony counts, could receive up to 66 years if found guilty on all charges.

According to Associated Press reports, Irven Box, Fisher’s attorney, filed motions arguing that the multi-county grand jury does not have proper jurisdiction to indict Fisher and Ellis. Box wants the AG’s office removed from the case due to improper statements about Fisher’s guilt allegedly made to the press by Oklahoma Assistant Attorney General McCormick.

A Feb. 19, 2004 editorial commentary in The Oklahoman called for Fisher to step down and suggested that the position be changed to an appointed rather than an elected one.

“Carroll Fisher leaves a mess in his wake every time he moves through space,” the editorial stated. “The state insurance commissioner has disgraced a state office that was already held in low esteem due to the antics of some of Fisher’s predecessors. …

And how did Fisher try to regroup from all the scandals that have surrounded him? He announced his candidacy for a higher office! …

“… The elective status of the insurance commissioner is a large part of the reason the office has been so tainted with corruption over the years. But when it comes to the messes he’s made since his election in 1998, no one is to blame but Carroll Fisher.

“The public good is at risk if Fisher remains at his desk. A few months ago we suggested it was time for Fisher to grow up. We now suggest that it’s time for Fisher to get out.”

According to a spokesperson at the Oklahoma Department of Insurance, Fisher—a Democrat who has filed to run for the U.S. Senate in the place being vacated by Republican Sen. Don Nickles—has no plans to step down from his position as insurance commissioner. Fisher was first elected insurance commissioner in 1998 and began his second term in January 2003.

Editor’s note: Copies of the indictments against Fisher and Ellis
are available online at www.newsok.com/.

Topics Training Development Oklahoma