J.B. McCuskey Story Archives - West Virginia Public Broadcasting

Banning TikTok App From State Issued Cell Phones Underway

West Virginia Sen. Ryan Weld, R-Brooke, sent a letter to Gov. Jim Justice, requesting a ban on downloading the Chinese owned TikTok and WeChat apps to all state issued cell phones, laptops and other devices.

This is a developing story and may be updated.

This story was updated Dec 19, 2022 at 3:34 p.m.

Citing concerns over a possible cybersecurity breach, West Virginia Sen. Ryan Weld, R-Brooke, sent a letter to Gov. Jim Justice, requesting a ban on downloading the Chinese-owned TikTok and WeChat apps to all state issued cell phones, laptops and other devices.

Before any word from Justice, State Auditor J.B. McCuskey, working with Weld, has issued his own departmental TikTok ban.

“That’s due to the fact that there are a significant amount of security concerns as a result of the companies that own those two apps,” Weld said. “Those two companies are owned by extremely large Chinese tech firms and there have been some concerns regarding the security of information collected by those apps.”

Weld, who is the chair of the Senate Military Committee and former Air Force intelligence officer, said the sites pose a threat of a cyber attack on both the nation and the state.

“Under Chinese law, the government has the authority to demand that those two companies give to them all the data that they’ve collected through the people that download and use those apps on their phones or tablets, whatever,” Weld said.

In a press release issued just after noon Monday, McKuskey mandated a TikTok ban on state government devices and all computer networks associated with the Auditor’s Office. The ban includes government issued devices used by WV Oasis, which is the central repository for all the state’s financial data, including payroll, and devices within the many departments of the State Auditor’s Office.

McKuskey said in the release that the Auditor’s Office functions as the chief information officer for the state. He said this move will serve to protect the state’s core financial infrastructure from intrusion by those who wish to harm us.

“I am so thankful to work with Senator Weld on this incredibly important initiative,” McCuskey said. “We have seen the threat that China and its government poses to our critical infrastructure and this move is a proactive approach to protect the taxpayers of West Virginia.”

In the release, McCuskey also said that he and Weld are preparing legislation that prohibits nations of concern from acquiring property through the West Virginia property tax sale process. He said there have already been instances where countries from this list, which includes Russia, China and North Korea, are harming American interests through this process.

Weld said 16 states and several federal agencies have already enacted a TikTok ban.

“A ban for the same federal level cell phones and other devices passed the U.S. Senate last week,” Weld said. “A number of federal agencies, the Department of State Department of Defense, Department of Homeland Security, as well as several federal contractors like Lockheed Martin, they’ve already banned their employees from having those apps on their phones.”

The federal TikTok phone ban has been supported by both the Trump and Biden administrations. Weld said the TikTok app has been downloaded more than 100 million times in the United States. There was no mention on the West Virginia level of banning TikTok on any private cell phones, laptops or other devices.

Late Monday afternoon, the Governor’s office responded to Weld’s request with this statement:
“The Governor understands and shares Senator Weld’s concerns as they relate to our state’s cybersecurity resiliency, and especially his concern of foreign influence. The good news is there are policies and procedures already in place which are designed to protect our state networks from cyber threats related to Chinese-owned TikTok and related apps. Josh Spence, our Chief Information Officer, and his team constantly monitor and implement cybersecurity policies and technical controls to mitigate cyber risk, protecting government-owned devices and the network as a whole. TikTok has already been blocked on state networks for many months, and the use of additional security controls further mitigates the risk. The Governor has confidence in his cybersecurity team to protect our state networks from cyber threats and to communicate best practices to cybersecurity teams across other branches of state and local government. It’s important to keep in mind that TikTok is hardly the only threat—there are millions of cyber events targeting the state from all over the world thwarted each year by our cybersecurity team.”

Third City Official Pleads Guilty To Embezzlement

A yearlong fraud investigation into the finances of the City of Madison resulted in a third conviction for employee Kim Bannister who pleaded guilty to a felony embezzlement charge.

Bannister served as the office manager for the city. Two other employees were convicted earlier this year.

Bannister was charged by the State Auditor’s Special Prosecuting Attorney for skimming city funds, receiving extra payroll checks, and being paid for leave she was not entitled to have.

Bannister was sentenced in Boone County Circuit Court by Judge Jay Hoke. The court agreed to suspend her sentence and granted a motion for probation for a period of seven years. Bannister was ordered to pay $39,904 in restitution to the City of Madison.

In February, two of Bannister’s co-workers were sentenced for their part in this scheme. Joanna Bias and Tammy Hill both pleaded guilty to felony embezzlement charges. The two were sentenced to one to 10 years in prison and ordered to pay restitution for funds they stole, $34,973 for Bias and $39,726 for Hill.

Another case against a fourth employee, who is alleged to also be a part of this scheme, has yet to be adjudicated.

The embezzlement took place from July 2012 through March 2020 and the amount stolen from the city totaled $157,073.

“This is a small sample of the many cases the State Auditor’s Public Integrity and Fraud Unit has taken on through a partnership with county prosecutors and law enforcement agencies across the state,” Auditor J.B. McCuskey said.

The West Virginia State Auditor’s Public Integrity and Fraud Unit includes a legal director, seven fraud examiners, four investigators and three purchasing card (P-Card) fraud monitors. To report suspected fraud, call (833) WV-FRAUD, or email wvfraud@wvsao.gov. You can also file an online complaint at www.wvsao.gov.

10 Things You Need to Know if W.Va. Government Shuts Down

With just days until the end of the fiscal year and no budget agreement, there’s a real possibility of a government shutdown in West Virginia.

We asked the man who pays the bills, state Auditor J.B. McCuskey, 10 questions about what he’s doing to prevent a total disaster if state government shuts down.

1. Who gets hurt?

“Everybody. The whole state. Every one of its citizens. Every state employee. People that do business with the state,” McCuskey said.

“It would be catastrophic. We’re going to be as ready as we can be, but the end result is pain. We just can’t let it happen.”

2. What’s at stake for McCuskey legally and personally?

The state Auditor has personal and criminal liability for how money is spent. And if there’s no budget signed by July 1, he has no document authorizing funds to be spent.

‘How do I fulfill my duties as I believe them in my oath of office – to protect the health, safety and welfare of the state and its people — while also potentially breaking the law by paying bills without appropriations?” McCuskey said.

3. What role would the courts play in figuring this out?

McCuskey said it is likely he would go to the Kanawha Circuit Court for guidance, if a shutdown looks imminent. He thinks a judge would tell him to keep some critical functions of government going, such as public safety and debt payment.

“The case law throughout the country in these situations indicates the financial officer in charge of making these payments has the ability to continue the financial well-being of the government,” he said.

4. Who would he choose to pay?

“There needs to be an overarching theory as to what needs to get paid. Then we need to figure out how to do it,” he said.

“I’m not 100 percent sure it’s even logistically possible. We’re running through these scenarios in my office right now. It would be a Herculean task.”

5. What’s the real deadline for a budget?

He said the drop dead date to receive a budget from the Legislature is not June 30 – it’s June 19 “to make sure it’s checked properly and done legally.”

There may be a little wiggle room there, but bad things start to happen if the budget is not passed, or at least largely agreed upon, by West Virginia Day (June 20.)

6. What would happen if the Legislature passes a furlough bill?

A lot of the confusion goes away for McCuskey.

“I would prefer that. The easiest for me would be to do what the legislature to tell me what to do, because that’s what I believe their role is,” he said.

The House version of the furlough bill appears to provide for back pay of furloughed employees. The Senate version appears not to. Both sides would have to come to a compromise and get the Governor to sign it.

7. What happens to PEIA (health insurance for public employees) if there’s a shutdown?

“My presumption is, in the absence of a furlough bill, PEIA will continue benefits to everyone, but discontinue payments to vendors,” he said.

In other words, patients keep their insurance. Providers have to wait.

8. Would state workers really be laid off if there is no furlough bill? Would they lose accrued benefits?

“I don’t think they would have to. Probably, the black letter of the law says they should, but I’m not 100 percent sure they’re laid off,” he said.

9. Is this the political equivalent of jury nullification – where the letter of the law says one thing, but people choose to ignore it?

“The letter of the law was not intended to work in a shutdown scenario,” he said.

10. How’d we get into this mess?

McCuskey said the number of state employees (including higher education) grew even as the number of state residents shrank. With the collapse of coal and natural gas severance taxes, we no longer have enough money to support the current size of government.

Welcome to “The Front Porch,” where we tackle the tough issues facing Appalachia the same way you talk with your friends on the porch.

Subscribe to the Front Porch podcast on iTunes.

Hosts include WVPB Executive Director and recovering reporter Scott Finn; conservative lawyer, columnist and rabid “Sherlock” fan Laurie Lin; and liberal columnist and avid goat herder Rick Wilson, who works for the American Friends Service Committee.

An edited version of “The Front Porch” airs Fridays at 4:50 p.m. on West Virginia Public Broadcasting’s radio network, and the full version is available at wvpublic.org and as a podcast as well.

Share your opinions with us about these issues, and let us know what you’d like us to discuss in the future. Send a tweet to @radiofinn or @wvpublicnews, or e-mail S cott at sfinn @ wvpublic.org

The Front Porch is underwritten by the Pulitzer Prize-winning Charleston Gazette-Mail. Find the latest news, traffic and weather on its CGM App. Download it in your app store, and check out its website: http://www.wvgazettemail.com/