The Indian Health Service Wants To Return 1 Million KN95 Masks It Bought From A Former White House Official

This story first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

The Indian Health Service, which purchased Chinese-made KN95 masks from a former Trump White House official through a $3 million contract, is now trying to return the masks but facing resistance, the agency told ProPublica.

The contractor, former White House Deputy Chief of Staff Zach Fuentes, “refused this request and submitted a certified claim for payment” instead, the agency said.

A lawyer for Fuentes’ firm, Benjamin Keime, said in an email to ProPublica that the company is insisting on payment because it “fulfilled all of its obligations to IHS under the contract.”

Government agencies have been under intense pressure to buy protective equipment to guard employees against the coronavirus. In their haste, several agencies have spent millions of dollars on Chinese-made masks without knowing who made them. Without those details, it can be hard to assess whether the masks filter as many dangerous particles as advertised.

ProPublica reported last month that Fuentes received a contract to provide 1 million KN95 respirator masks just 11 days after he created his company, Zach Fuentes LLC. The IHS later told ProPublica that the masks it bought from Fuentes do not meet Food and Drug Administration standards for use in health care settings.

Fuentes previously told ProPublica that political connections to the Trump White House played no role in his company’s selection for the contract, which was granted with limited competitive bidding.

The U.S.-based agent originally listed for two of the Chinese companies from which Fuentes procured masks, CCTC Service Inc., is named as the representative for nearly 1,600 devices listed with the FDA this year. In a federal court complaint filed June 5 against another Chinese mask manufacturer, King Year Printing and Packaging Co. Ltd., by the Justice Department, an FDA special agent said that there is “probable cause to believe CCTC is a fictitious corporation.”

Several members of Congress have demanded investigations into the Fuentes contract, and the Government Accountability Office plans to review the deal, a spokesman said last week.

“After completing inspection of the product, the Indian Health Service sent a letter to the contractor proposing to return the masks through a no-cost termination,” the agency said in a statement on Wednesday evening. “The contractor refused this request and submitted a certified claim for payment. The Indian Health Service will continue to work with the contractor and the HHS Office of the General Counsel to resolve this issue.”

Keime said that IHS originally accepted all the masks in writing on May 22, the same day ProPublica published its first story on the contract, and did not try to return them until June 10. Fuentes’ firm has offered to replace any defective masks, Keime said.

“Yet, to date, almost two months after the first shipment was received, IHS has not identified a single defect or flaw in the masks,” Keime said. “Instead, it seeks to cancel the order for what appear to be political reasons.”

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Oyster, Air Fryer And Bicycle Companies Say Their Goods Are Essential To Fighting Coronavirus So They Can Get Tariff Relief

This story first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

What’s essential in a pandemic? Pretty much everything, if you read the tariff appeals of companies that import goods from China.

Canned tuna, which an importer argues is a perfect food to stock up on during infrequent grocery trips. Dietary supplements like ginkgo biloba, needed to bolster immune systems. Fitness machines, now essential equipment for home workouts.

More than 900 businesses, trade associations and individuals have filed comments with the Office of the U.S. Trade Representative seeking relief from steep tariffs now in place for imports from China. The special comment period has been running throughout the coronavirus crisis and ends Thursday.

Plenty of the filers made their appeals based on medical reasons — hand sanitizers, surgical gloves and syringes that are critical to the public health crisis — but others took a more expansive view to convince the agency that their products are essential to the country’s well-being.

Skechers USA asked for an exemption for its Wascana-Athas tactical boots, describing them as ideal for first responders and law enforcement personnel. The Fragrance Creators Association requested exemptions for essential oils and other aromatic compounds, making the case that some are used in disinfectants (although they are also widely used in cosmetics and perfumes).

The duties are known as Section 301 tariffs, after the provision of the 1974 Trade Act that justifies them in retaliation for unfair trade practices. At the outset of the COVID-19 outbreak in late February, levies of 7.5% to 25% remained in place on about $330 billion worth of Chinese imports, including critically needed personal protective equipment.

A signature effort of the Trump administration designed to push businesses to reduce their dependence on Chinese imports, the tariffs have largely been absorbed by U.S. retailers and consumers in the form of lower margins and higher prices. Along with duties on steel and aluminum, they now cost consumers approximately $57 billion annually, according to one estimate.

Some companies have responded to the tariffs by moving production back to the U.S., but far more have simply found suppliers outside of China, in countries such as Vietnam and Mexico.

Over the past few years, USTR has undertaken an extensive and laborious process to evaluate individual requests for relief, assessing factors such as the difficulty of obtaining products from other countries. Through four rounds of tariffs, the agency has received nearly 53,000 submissions, of which about 6,400 were approved, with 8,600 still pending as of early June.

In early March, USTR issued narrow exclusions for items such as face masks and single-use stethoscope covers. But according to an analysis by the Peterson Institute for International Economics, tariffs remained on about $5 billion worth of medical goods needed to fight the pandemic. So, under pressure from the business community, USTR also put out a call for companies to make their case for items needed at a time when infection is everywhere, offices are virtual and America’s children are stuck at home indefinitely.

A flooring company called Cali Bamboo, for example, asked for exclusions on types of artificial wood planks that have been used in hospitals, but that it also markets on its website for general use. A chemical company called Lubrizol requested relief for a highly toxic compound called glutaraldehyde that it says could help disinfect potentially coronavirus-infected facilities, but which is also sold as an ingredient in fracking fluids.

In what could be one of the most lucrative exclusions, Pfizer asked for tariffs to go away on Phthalimidopropionaldehyde, an active ingredient in its blockbuster blood pressure drug Lipitor. Pfizer said that it was needed to help Americans maintain their cardiovascular health since heart conditions complicate COVID-19 cases — but Lipitor also happens to generate hundreds of millions of dollars a year even without a pandemic.

Some companies interpreted the request for COVID-19-related exclusions even more liberally.

City of Industry, California-based Crown Prince Oysters, for example, asked for an exemption for its smoked oysters from China. The sanitary and shelf-stable shellfish has been in high demand, Chief Financial Officer Chris Bruno wrote in an impassioned letter, but tariffs have sucked away profits and the 28-person company may fold by the end of the year.

“lf Crown Prince goes out of business, Americans will be losing a food source high in protein and undeniably safe to eat during the pandemic,” wrote Bruno, who declined to comment further.

Bumble Bee Foods — the same company that pled guilty to federal price fixing charges in 2017 and has since been acquired by a Taiwanese conglomerate — made a pitch for tuna loins to be considered a “necessary commodity.”

“In the current climate, where Americans are increasingly homebound and concerned with regular access to healthy, affordable food, a reliable and plentiful supply of canned tuna is crucial to the health of American communities,” wrote CEO Jan Tharp, who didn’t reply to a request for further comment.

Requests for goods needed during stay-at-home orders included Nautilus exercise machines, kitchen appliances such as air fryers, coloring books to keep fractious kids occupied and laptop stands to set up home-based workstations.

Carson Optical, based on Long Island, asked for an exemption for optical aids. “Our magnifying products are a lifeline for many people, especially in times like this when they are quarantined from people who may assist them with their daily needs,” wrote Sharon Barnhart, an employee.

The RV Industry Association also appealed for help, saying that more people are taking vacations on the road instead of renting hotel rooms, and that trailers are also needed for first responders.

The trade association for the elevator and escalator industry reasoned that money not spent on elevator tariffs could be spent instead on COVID-19 response. “If USTR removes these tariffs, the decrease in the cost to install and repair elevators and escalators and their associated parts encourages hospitals and other medical facilities to make investments into critical equipment and apply savings directly towards combatting COVID-19,” wrote Dylan Isenberg, director of government affairs for National Elevator Industry Inc.

Some companies didn’t attempt to make much of a COVID-19 connection, using the docket as a chance to make a more general case for clemency during an economic downturn. “China is not stealing our go-kart technology or doing anything wrong except supplying affordable parts as part of a globalized economy,” wrote a commenter using the name Carlie Laves, advocating for the tariff reduction on go-kart parts. “For an AMERICAN small business to pay 25% in tariffs to help kids enjoy everyday outdoor play is absolutely ridiculous.”

Sydney Mintzer, an attorney with Mayer Brown who handles tariff exclusion cases, said he doubts the Trump administration will look favorably upon the nonmedical, more tangentially COVID-19-related products.

“I think they probably will be less sensitive to those, and more sensitive to the more health related issues,” he said.

But for some importers, the comment period was also just a chance to make their case publicly and perhaps bolster their chances with still-pending exclusion requests.

A coalition of bicycle manufacturers and retailers has already won exemptions for children’s bikes, long made almost exclusively in China. Now it’s asking for broader relief for lower-end adult-sized bikes that are flying off shelves as commuters seek an alternative to public transportation, and because tariffs depressed bicycle imports last year, draining inventories.

“It’s an opportunity for our industry to explain what we think the effects of COVID-19 are going to be on our members,” Alex Logemann, PeopleForBikes’ policy counsel, told ProPublica. “That’s not a thing that’s underlined in the exclusion process very well, there’s not a lot of space to explain those factors.”

Many of the products had already been denied for exclusions earlier, such as truck chassis, which a company called CIE Manufacturing argued are necessary during the pandemic to move essential goods. (Federal statistics show that highway freight transportation has been saggingfor months.)

“Every container that sits idle as a result of a shortage of chassis products could delay lifesaving equipment, pharmaceuticals or other life necessities from reaching communities, first responders, medical professionals and other individuals who desperately need those shipments to be made,” wrote CIE’s attorney Ronnie Miller, who did not respond to an email seeking further explanation.

Some companies expressed renewed frustration with the exclusion process, which typically requires hiring expensive lawyers and often has arbitrary, unpredictable results.

Danaher, a holding company for medically focused businesses — such as IDT, which made the original COVID-19 test commissioned by the Centers for Disease Control and Prevention — complained that asking staff to beg for tariff relief drained precious time. Industry associations have advocated for blanket tariff relief on medical products, rather than forcing each company to formulate complex justifications.

“The vast majority of Danaher’s original petitions for diagnostic, medical and other life sciences equipment were denied in 2018 and 2019, which is particularly discouraging given products such as iPhones and salad spinners received approval,” the company wrote. “Danaher is concerned about the potentially unnecessary expenditure of additional resources on a petition process with such an uncertain outcome.”

But the comments weren’t all from importers. The docket also includes vehement objections from some domestic producers, such as manufacturers of cotton swabs and washing machines, which argue that USTR shouldn’t let COVID-19 be used as an excuse to abandon its stated goal of pushing companies to restore supply chains in the U.S.

Scott Paul, who as head of the Alliance for American Manufacturing has supported some tariffs, hopes that USTR will stick to the plan and send consistent signals that critical products should be American-made — especially with so many people still out of work.

“I don’t believe that enough businesses have made good faith efforts to try to realign their supply chains,” Paul said. “There’s a lot of capacity in the U.S. to make products. If these importers wanted to help spur an economic recovery, they should take a look domestically.”

More Than 1 Million Stimulus Payments Issued To Deceased, Watchdog Finds

The federal government sent coronavirus stimulus payments to nearly 1.1 million deceased people totaling close to $1.4 billion, Congress’ independent watchdog said Thursday in revelations first reported by The Washington Post.

The U.S. Government Accountability Office, an independent agency that conducts investigations and reports to Congress, submitted the finding as part of a nearly 400-page report on the nearly $3 trillion in coronavirus relief spending that was approved by Congress in March and April.

Continue reading “More Than 1 Million Stimulus Payments Issued To Deceased, Watchdog Finds” →

Dixie Chicks Rename Band As Movement To Remove Confederate Statues Grows

The Dixie Chicks are ready to make nice.

The platinum-selling, Grammy-winning country trio is dropping the “dixie” in their name after facing criticism over the term — a commonly used nickname to describe the Civil War-era South. The group announced the move as nationwide protests emerged in the wake of George Floyd’s death, prompting a movement to remove Confederate statues and memorials of other historical figures linked to racism.

Continue reading “Dixie Chicks Rename Band As Movement To Remove Confederate Statues Grows” →

Stop Seizing Paychecks, Senators Write To Capital One And Other Debt Collectors

This story first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

The nation’s largest debt collectors should suspend seizing wages “immediately,” two prominent senators demanded in letters sent Wednesday.

The letters came in response to a ProPublica story this month that focused on how the most prolific filers of debt collection lawsuits, Capital One and large debt buying companies, continue to garnish paychecks amid the COVID-19 pandemic. While most courts shut down to new hearings in March, wage seizure orders obtained before then were allowed to continue in most places. That left some essential workers and others desperately searching for relief amid the economic downturn.

“Filing collection lawsuits and garnishing the wages of consumers already struggling to pay for basic necessities will only exacerbate the economic and public health crisis,” Sens. Elizabeth Warren, D-Mass., and Sherrod Brown, D-Ohio, wrote.

Brown and Warren sit on the Senate Banking Committee, which oversees financial services companies. Brown is the ranking member.

Capital One largely stopped filing new suits after mid-March, but other large collectors did not stop filing new suits. Warren and Brown alsowrote to Encore Capital Group and Portfolio Recovery Associates, two of the largest debt buyers in the country. Both of them continued to file suits into April and May, according to ProPublica’s review of online court databases.

In the letters, the senators also request an accounting from the companies of how many suits and wage garnishments they’ve filed this year. Because collection suits are filed in state and local courts, it’s impossible to arrive at a full accounting of such suits (although ProPublica has tried to shed light on the practice by rounding up data from various states). This makes an aggressive form of collection that affects millions of people each year largely invisible to the public. Answers from the companies may help to reveal the scope of the biggest plaintiffs’ activity.

In a statement in response to the letter, a Capital One spokesperson said: “Since the pandemic first began, we have been committed to working with all of our customers who are experiencing financial hardship as a result of COVID-19. In addition to deferring payments, offering tailored payment plans and waiving fees, we have stopped the filing of all new bank garnishments and lawsuits and have taken action to prevent the garnishment of any stimulus funds. We recognize that these are exceptional times and our policy is to work with any customer who needs help and is impacted by COVID-19.”

A spokesperson for Portfolio Recovery declined to comment, saying the company was reviewing the letter and preparing its response. ProPublica also contacted Encore for comment and will update this story if it responds.

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Cuomo Rips DeSantis On COVID-19 Spike: ‘You Played Politics With This Virus And You Lost’

New York Gov. Andrew Cuomo (D) on Thursday had choice words for Florida Gov. Ron DeSantis (R) and other Republican governors as coronavirus cases in several states spike. Continue reading “Cuomo Rips DeSantis On COVID-19 Spike: ‘You Played Politics With This Virus And You Lost’” →

Texas Governor Orders Pause On Reopening As COVID-19 Cases Surge

Texas Gov. Greg Abbott (R) announced on Thursday that the state will pause further reopening phases in light of COVID-19 cases and hospitalizations surging. Continue reading “Texas Governor Orders Pause On Reopening As COVID-19 Cases Surge” →

He Removed Labels That Said ‘Medical Use Prohibited,’ Then Tried To Sell Thousands Of Masks To Officials Who Distribute To Hospitals

This story first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Lucas Rensko was making money through a popular handyman-for-hire app called TaskRabbit, doing odd jobs and delivering groceries, when he picked up a task that led him to a leaky-roofed warehouse on a tattered road in northwest San Antonio.

Inside, a man named Jaime Rivera had set up long tables where five or six other “Taskers” earning about $20 an hour were ripping Chinese masks out of plastic bags and stuffing them into new ones that were identical but for one potentially deadly difference. The old packages were labeled in all caps “MEDICAL USE PROHIBITED,” meaning not to be used by doctors and nurses who need the strongest protection from tiny particles carrying the novel coronavirus. The new bags, intended to make their way to Texas hospitals, simply omitted that warning.

This seemingly small deception highlights a huge problem for medical workers whose best defense against a virus that ravages the body with horrifying complexity is a simple, but trustworthy, mask. That trust has eroded as Chinese-made masks claiming, sometimes falsely, to be 95% effective at filtering virus-laden particles made their way into hospitals and now local convenience stores. You might have bought them: KN95s.

Texas officials have tried to block ineffective masks from making their way to hospitals with screenings and by rejecting anything labeled as non-medical, yet at the same time, the mysterious brokers sourcing millions of masks were working hard to evade those safeguards. The operation Rensko witnessed had the potential to push faulty masks into the Texas supply chain just as Gov. Greg Abbott eased lockdown restrictions and COVID-19 infections began to soar.

“He kind of takes us on this tour of his facility, which is essentially a shelled out warehouse,” Rensko, 36, told me over the phone, detailing how Rivera described the work at the warehouse. “He was saying they were designated for personal or residential use, not for medical. And so what he was doing was basically putting them into other packaging where the city of San Antonio and the state of Texas are able to look at them and then sell them for medical purposes.”

Rensko knew something wasn’t quite right and walked away from the TaskRabbit gig. He told his wife, who told a friend, who told another friend, who told me.

Over weeks of reporting, I’d learn that Rensko had scratched the surface of a larger scheme involving a Silicon Valley investor named Brennan Mulligan to sell what Texas health officials later flagged as “fraudulent” masks to the agency directing protective equipment to hospitals. Mulligan had enlisted Rivera, who was desperate for money after the pandemic had sapped his primary source of income, building furniture and manual labor via TaskRabbit. As countless others have, the two had a chance to make money off of the country’s public health nightmare.

When I caught up with Mulligan, he emphasized that he didn’t break any U.S. laws in his mask business. Rivera would acknowledge it was a gray area that had caught the attention of federal investigators. Both would defend their actions as simply cutting through onerous red tape put up by the Chinese and U.S. governments to get masks to those desperate for them.

The absurdity, greed and incompetence surrounding the distribution of coronavirus-era masks has taken me to Chicago, California and, now, Texas. The federal government’s efforts to get protective equipment out quickly to essential workers had failed spectacularly, and the supply chain that normally moves products from producers to vendors to end users had almost completely broken down. Counterfeit masks were flooding the market, and prices for even unreliable masks had skyrocketed.

I did what due diligence I could from my Washington, D.C., apartment before buying a plane ticket. I researched Rivera and saw on Facebook that he was a father of six who danced in his driveway and camped on the beach with the kids.

But his Facebook page also told part of the supply-chain story. Rivera had posted several photos in late April of beaten up boxes bursting at the seams with masks labeled as KN95s, similar to the American-made N95 masks produced by 3M and other manufacturers. But the Chinese masks often don’t pass muster with U.S. regulators, who screen for effectiveness in blocking small particles and certify masks that meet their standards.

The masks Rivera posted photos of were face masks with earloops that don’t fit securely around the head, as the U.S. Food and Drug Administration recommends. While the earloop-masks might offer some protection, the FDA warns that they’re not effective enough to be used in a medical setting.

The 6-foot stack of boxes were labeled as coming from a Chinese manufacturer, Guangzhou Aiyinmei Co. Ltd., which had been identified by the FDA as one of the companies producing ineffective KN95s. The masks filter as little as 39% of particles, according to testing by the Centers for Disease Control and Prevention. They’re so ineffective that Canada issued a recall. The FDA had hastily approved them and others for health care use at the beginning of the pandemic, but it changed its mind last month, even as millions of the masks circulated in the U.S.

Rivera also posted an intriguing screenshot of a $2,000 payment he had received via Venmo, the person-to-person payment app, from a sender with the initials BM.

The payment memo read: “4/17 kn95 37.5 drop off and 50k hand-off …”

“A day’s work!” Rivera boasted about April 17, the day he used a U-Haul rental truck to deliver nearly 100,000 masks to two buyers.

Beneath his Facebook post, a friend commented, “Looks like code for a drug deal.”

Back when I had friends and could go places, I used Venmo to split restaurant and bar tabs, sometimes offering cheeky comments that I mark as private so random people can’t see. But Rivera left all of his transactions and comments public, allowing anyone to see them on a smartphone. Venmo showed that Rivera’s payments from Mulligan, aka BM, included one for “131 boxes to TDEM,” an acronym for the Texas Division of Emergency Management, the state’s version of the Federal Emergency Management Agency. TDEM supplies lifesaving gear to hospitals coping with COVID-19 cases.

Mulligan, the investor, also left his payments public. They showed that he and Rivera had paid several other people for services including deliveries of masks and “repackaging.”

Mulligan turned up in an internet scrub as a successful San Francisco businessman. He founded a company whose proprietary software allowed brands like Reebok and Nike to customize products, then sold that enterprise. He is now the CEO of SKYOU Inc., a “manufacture on demand” business whose online 3D design software allows companies to create unique shirts and hoodies and have them shipped from China.

At first, it seemed odd that a tech entrepreneur would wade into mask trading, but it jibed with my previous reporting, which found that behind every mask sale, there’s a mystery investor.

After the mask supply crisis first surfaced, federal agencies and states went into business with nearly anyone who said they could deliver protective equipment. Masks were the first priority. Here and abroad, textile factories switched to stitching masks. Hundreds of new companies popped up and won government contracts, including some with shady records. My reporting found a high-end juicer salesman, a former state attorney general and dozens in the marijuana business who had become mask brokers.

Thus was born an unregulated market fueled by unprecedented scarcity and unending demand.

The Lone Star State

I met Rensko at a Starbucks around the corner from the warehouse where the mask operation went down. It was only 96 degrees, but it felt hotter, that first day Texans know that the weak spring is turning to summer scorch.

He said Rivera had called him the day after he walked away from the TaskRabbit gig. Rivera “apologized, so he knew something was up.”

Sweaty and caffeinated, we hopped into a Dodge minivan and whipped around the corner to the warehouse. Rivera wasn’t there, but two men stood outside talking — one peeking out of a blue taxi, the other gesturing emphatically with a bottle of cologne in one hand.

They told me they knew Rivera and had watched his mask repackaging operation come and go.

“They just disappeared,” said the man with the cologne, who wouldn’t provide his name. He said he had seen the mask operation in the warehouse next door for about two weeks, with U-Haul trucks coming in and out. The operators didn’t want him to come inside, he said.

The man said he met Mulligan and tried to set him up with a private buyer he knew, a guy named Sam. He wouldn’t give Sam’s last name, but I asked him to pass along my business card.

Lamenting the heat, the man spritzed the neckline of his blue Burberry shirt with the cologne he’d been holding, “Obsession For Men.”

“It’s because I’m sweaty,” he quipped, pointing next to his hands. “Look, it works as hand sanitizer, too.”

“We’re Taking Off Anything That Says ‘Non-medical’”

Rivera took my calls and originally agreed to meet in person, but he cut off communication as I asked more questions. In our first encounter, he said he met Mulligan innocuously on TaskRabbit in April and the two forged a business relationship.

After a few successful mask deliveries, Brennan and Rivera cut out the digital middleman and went into business directly, using Venmo as their money exchange.

“So I went from picking up packages in San Antonio to Houston to Dallas to Austin, bringing them back over for processing and that’s pretty much it,” he explained. By early May, Rivera said he was in charge of hiring workers and monitoring their hours.

Mulligan shipped boxes on a Southwest cargo jet for Rivera to pick up. Rivera shared some receipts: 94 boxes and 2,444 pounds of masks came in from Los Angeles on April 29, an additional 52 boxes and 1,300 pounds on May 4. Mulligan ships a few different brands, none of which were approved by the FDA for medical use, according to pictures Rivera shared.

Rivera described the repackaging operation as common sense. “All we’re doing is we’re just omitting,” he said. “We’re taking off anything that says ‘non-medical.’”

He blamed China for the confusion. Mulligan told him that China was requiring that some mask batches be labeled non-medical, while other batches of the very same mask cleared export inspections without the disclaimer. Rivera said his workers were just clearing up the mess so states like Texas could buy masks without worry.

Without repackaging, state inspectors would simply see the warning and reject the shipment, he said.

“Before it gets to the hospital level it has to get past the red tape,” he said.

Rivera said he delivered more than a million SKYOU masks to Texas’ emergency agency. Receipts Rivera shared also showed he was delivering to private companies that resell KN95s.

Rivera spoke of his work as a noble pursuit, that he was helping to deliver lifesaving gear to the front lines despite the federal government. The reason he was traversing Texas to meet cargo jets was because Mulligan had the shipments coming from different routes each time, through Minneapolis and Atlanta to Dallas or Houston for example, to evade FEMA, which was seizing masks to stop counterfeits and to shore up the national stockpile.

“These masks are being taken and are being denied for arbitrary reasons,” he said. “Those are lives that are being impacted.”

By mid-May the repackaging had stopped, Rivera said, in part because the warehouse was too small and “there were leaks everywhere.”

Rivera couldn’t explain why anyone needed to repackage masks if it weren’t to hide the medical use disclaimer. There seemed to be nothing stopping SKYOU from selling the masks to general consumers for non-medical uses, just the same as the patterned or branded cloth masks that are becoming a fashion statement.

It wasn’t until our fourth and final phone call that Rivera mentioned he and Mulligan had been contacted by the U.S. Department of Homeland Security.

“His analogy was you’re telling somebody you have a Ferrari but you’re selling a Honda,” Rivera said of his face-to-face chat with an investigator.

The investigator’s visit had led him to wonder if repackaging masks for sale to unsuspecting customers was not kosher.

That’s when I asked, “Are you worried you were complicit in a crime?”

“The more we talk about it, yes,” he said.

Before he hung up and cut off communication, he added: “I’m not the brains of the operation, and I’m definitely not the wallet for it.”

Whiplash in the Mask Market

When I first contacted the Texas emergency agency, it said it hadn’t purchased any masks from either SKYOU or Mulligan. But when I sent over photos of KN95s that Rivera had shared with me and posted on Facebook, the agency recognized them.

A purchase order number on those beaten up boxes tracked to a different company, Eminent Commercial LLC, which landed a deal in mid-April to hunt down KN95s for as much as $6 a piece, more than six times what they cost before the pandemic. Eminent was essentially a master contractor, working with about a dozen subcontractors, including SKYOU, to ship in masks quickly.

TDEM canceled its deal with Eminent and its cadre of subcontractors May 20 “because the products we were receiving were fraudulent,” spokesman Seth Christensen said.

Christensen said TDEM weeds out bad masks during inspections at its San Antonio warehouse. It tests the filtration rate of sample masks from each shipment, a scientific safeguard many government agencies and hospitals lack.

Vendors with subpar products are turned away, he said, and don’t get paid. Anything labeled as non-medical use is instantly rejected, he said.

Brokers I talked with for this story described TDEM’s vetting process as far more rigorous than some federal agencies and many other states, raising concerns that faulty masks might be flowing freely elsewhere.

The agency shared a photo of a packaged mask SKYOU attempted to sell, which is identical to a photo Rivera shared, only with the medical disclaimer removed. The brand, Wentianchang, was never on the FDA’s list of masks approved for emergency use, according to the agency’s database.

Ted Coleman, Eminent’s owner, confirmed that Mulligan’s company had repeatedly tried to sell masks that didn’t pass the TDEM test. But SKYOU wasn’t alone.

“We have had millions and millions of masks that were rejected by the state of Texas,” Coleman said. “Probably a total of 10 to 15 different vendors that were just sending us anything that they could send us in hopes of getting it accepted through TDEM.”

Coleman said he tried to be “the interceptor,” making sure only masks that would pass testing got through. But he said Mulligan and Rivera went “above and beyond” to work around him and bring ineffective masks to the warehouse under Eminent’s deal.

Eminent was paid about $14.8 million for masks that TDEM accepted, according to Texas purchasing data, before the agency stopped ordering from the company. Coleman blames Mulligan for losing Texas’ business.

He said Mulligan caused “a very large scene” with officials at the agency’s Austin headquarters after SKYOU masks were rejected.

Mulligan did not return calls, but in a few brief emails he expressed the same frustration I had heard from numerous importers, brokers and government agencies: The FDA inadvertently created a glut of subpar Chinese masks, which investors can’t sell and most governments can’t buy, by first permitting use of some Chinese masks, then reversing itself.

Meanwhile, Chinese officials required that some masks have disclaimers that they’re not for medical use — an attempt, brokers say, to avoid liability if bad masks allowed wearers to become sick.

Mulligan said companies like his got caught in limbo. Masks that Texas had accepted in April were suddenly rejected by May. Repackaging, he said, was the “only solution,” and he had been told other vendors were doing the same. He did not believe that the company broke U.S. laws, but that it probably broke Chinese customs law.

By the time Mulligan got all the masks repackaged, TDEM was no longer interested in buying from him.

While many of the masks that lost the FDA’s initial approval were purchased, including by the federal government, mask importers and brokers tell me millions more are collecting dust in storage.

As Mulligan would, investors with ineffective mask stockpiles are likely trying to find other ways to unload their product, potentially getting them to hospitals.

A Techie, an Embroiderer and a Tasker Walk Into an IHOP

I had to go to Houston to look into a guy who got a $10 million contract to supply COVID-19 testing tubes to FEMA and was instead delivering unusable tiny soda bottles. But before I left San Antonio, I wanted to follow up on what Mulligan’s warehouse neighbor, the guy with the cologne, said about another potential buyer: a guy named Sam.

Mulligan’s neighbor had alluded that Sam wasn’t far away, so I went to the warehouse and typed “Sam” into Google Maps and eventually came upon Samy’s Embroidery Club, just 8 miles away. It was worth checking out, since so many people in this trade seem to be either connected to apparel and textiles or the marijuana industry.

When I entered the shop, it was alive with the thrum of industrial sewing machines that stitched together baseball team jerseys, biker gang hats and, lately, face masks.

When I mentioned Mulligan, Sam, whose true name is Bassam Hasan, said through the noise that he had a strong vibe that something was off.

“The guy, you could tell from the first minute he was hiding something,” Hasan said.

Hasan said he had become a modest personal protective equipment supplier for the city of San Antonio and the local jail, and he was trying to find medical-grade masks to potentially sell to a hospital system in Illinois. His cousin, the guy with the cologne, hooked him up with Mulligan.

“If they are 100% approved, I said why not,” he said.

According to text messages Hasan showed me, Mulligan offered a couple different brands of mask. “… they were on the CDC [Emergency Use Authorization] list before,” one text from Mulligan’s number reads. “They’ve since been removed so we can’t say whether they will meet the KN95 standard.”

Mulligan “wanted to do the deal immediately,” Hasan said. “This was like a million dollars, and I said you can’t do that.”

Instead, on Memorial Day, Hasan met Mulligan and Rivera at an IHOP a couple blocks from the mask warehouse.

“When he told me he was repackaging them, I was out,” Hasan said. “I’m not a little kid. I’ve been in business for 27 years. C’mon, man. This guy — I can tell you he’s not doing it right.”

Hasan said he left the IHOP and stopped responding to Mulligan’s calls and texts.

In the end, Mulligan told me all the effort and expense of repackaging the masks was a waste. He shared photos of scores of boxes outside a self-storage locker, millions of masks he says he’s stuck with. He has since made his Venmo transactions private.

“We did not sell ANY repackaged KN95s to TDEM or any other customers in the U.S.,” he said.

If true, then the only people who made money on the repackaging shenanigans were Rivera and other Taskers he paid over a couple weeks.

Mulligan said SKYOU continues to sell hand sanitizer and fabric masks, but he’s given up on selling KN95s because they’re “not worth the headaches.”

A spokesperson with Homeland Security Investigations, HSI, responded to my inquiry about SKYOU and Rivera’s operation with a comment that left more questions than answers.

“At this time, HSI, along with its law enforcement partners, is assessing these allegations in an effort to determine if any violations exist and/or if mishandling occurred,” the statement said.

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