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Tuesday, March 11, 2025

HEI Continuing Investigations Include SEC FOIA Requests

The Higher Education Inquirer has recently sent Freedom of Information (FOIA) requests to the US Securities and Exchange Commission (SEC) regarding two edtech companies, 2U and Ambow Education.  In both cases, we have requested the number of SEC complaints lodged against these corporations.  

2U has dealt with a number of shareholder lawsuits, starting in 2019. In 2024, the online program manager for elite universities went through Chapter 11 bankruptcy and was delisted by the NASDAQ.  The FOIA is 25-01645. We are requesting a count of the number of complaints made against 2U since 2016.

Ambow Education has also had financial problems over the years and we have documented some of these problems since 2022.  One of its two US schools, Bay State College, was closed in 2023.  The FOIA is 25-01633. We are requesting a count of the number of complaints made against Ambow since 2010.



Monday, January 20, 2025

Ambow Education Continues to Fish in Murky Waters

In May 2022, The Higher Education Inquirer began investigating Ambow Education after we received credible tips about the company as a bad actor in US higher education, particularly with its failure to adequately maintain and operate Bay State College in Boston. The Massachusetts Attorney General had already stepped in and fined the school in 2020 for misleading students. 

As HEI dug deeper, we found that Ambow failed years before under questionable circumstances. And we worked with a number of news outlets and staffers in the offices of Senator Elizabeth Warren and Representative Ayanna Pressley to get justice for the students at Bay State College. 

Murky Waters

Since that 2022 story we continued to investigate Ambow Education, its CEO/CFO/Board Chair Jin Huang, and Ambow's opaque business practices. Not only were we concerned about the company's finances, we were wary of any undue influence the People's Republic of China (PRC) had on Ambow, which the company had previously acknowledged in SEC documents. 

A Chinese proverb says it's easier to fish in murky waters. And that's what it seemed like for us to investigate Ambow, a company that used the murky waters in American business as well as anyone. But not everything can remain hidden to US authorities, even if the company was based out of the Cayman Islands, with a corporate headquarters in Beijing. 

In November 2022, Ambow sold all of its assets in the People's Republic of China, and in August 2023 Bay State College closed abruptly. We reported some strange behaviors in the markets to the Securities and Exchange Commission, but they had nothing to tell us. Ambow moved its headquarters to a small rental space in Cupertino, where it still operates. 

HybriU

In 2024, Ambow began spinning its yarns about a new learning platform, HybriU, using Norm Algood of Synergis Education as its huckster. HybriU appeared at the Consumer Electronics Show in Las Vegas and at the ASU-GSV conference in San Diego and used their presence as signs of legitimacy. It later reported a $1.3 million contract with a small company out of Singapore. Doing a reverse image search, we found that some of the images on the HybriU website were stock photos.

There is no indication that HybriU's OOOK technology, first promoted in the PRC in 2021, is groundbreaking, although glowing press releases counter that. HybriU says that its technology is being used in classrooms, but no clients (schools or businesses)  have been mentioned.  If Ambow Education can prove the HybriU technology is promising and valuable to consumers, we will publicy acknowledge it.  

Continued PRC Interests 

Besides having an auditor from the People's Republic of China, Ambow has apparently shown an interest in working with Chinese interests in Morocco and Tunisia.

Ambow Education's Financial Health

In 2025, Ambow Education remains alive but with fewer assets and only the promise of doing something of value with those assets. Its remaining US college, the NewSchool of Architecture and Design in San Diego has seen its enrollment dip to 280 students. And there are at least three cases in San Diego Superior Court pending (for failure to pay rent and failing to pay the school's former President).  The US Department of Education has the school under Heightened Cash Monitoring (HCM2) for administrative issues. Despite these problems, NewSchool has been given a cleaner bill of health by its regional accreditor, WSCUC, changing the school's Warning status to a Notice of Concern.

A report by Argus Research, which Ambow commissioned, also described Ambow in a generally positive light, despite the fact that Ambow was only spending $100,000 per quarter on Research and Development. That report notes that Prouden, a small accounting firm based in the People's Republic of China is just seeing Ambow Education's books for the first time. In April 2025 we wonder if we'll get adequate information when Ambow reports its 2024 annual earnings, or whether we find just another layer of sludge. 

Thursday, January 16, 2025

Feds Cancel Debts for 261,000 Students of Disgraced School Now Run by U. of Arizona (David Halperin)

The Biden Department of Education announced today it has approved $4.5 billion in loan debt cancellation for 261,000 borrowers who attended for-profit Ashford University between March 2009 and April 2020. It also announced it would seek to ban Andrew Clark, the CEO of Ashford’s demised parent company, Zovio, from contracting with the federal government.

The announcement brings some measure of relief and justice to a huge number of former students of Ashford, which evolved from a single campus in Iowa that Zovio acquired in 2005 to a massive, high-priced, poor-quality, mostly-online school that got billions from taxpayers while leaving many worse off than when they enrolled. Ashford and Zovio were held liable and penalized $20 million for scamming students by a California court following a 2022 trial brought by that state’s attorney general. The verdict was upheld on appeal.

The former students were enrolled at Ashford by aggressive recruiters who told a lot of falsehoods but could say, truthfully, that the school was approved for federal student grants and loans by the Department of Education. The Department let these students down by keeping its good housekeeping seal on the school and thus keeping predatory Ashford eligible for taxpayer money. The Biden administration deserves credit for at last righting some of this wrong.

The California trial echoed numerous past reports of abuses by Zovio and Ashford. In fact, at a hearing focused on Ashford way back in 2011, then-Senator Tom Harkin (D-IA) declared Ashford “an absolute scam.” The California court found that Zovio and Ashford “created a high pressure culture in admissions that prioritized enrollment numbers over compliance.” The case included detailed testimony from Ashford employees about a deceptive operation engineered by senior Zovio executives — and about numerous lives ruined by a school that never earned the certifications that would allow graduates to even be eligible for the teaching, social work, and other jobs they sought.

Unfortunately for today’s students, Ashford continues to operate. It just changed its name to University of Arizona Global Campus (UAGC). In August 2020, Zovio sold Ashford to the University of Arizona, in a shady deal that allowed Zovio to hide the school under the apron of the powerful state university and shed the stigma that for-profit schools like Ashford had brought upon themselves — and yet still permit Zovio to make big money with a long term contract to run Ashford’s operations. After the California verdict, the University of Arizona forced Zovio out of the arrangement, but it hired most of Zovio’s employees and carried on with Zovio’s playbook. Mounting evidence of financial losses and continued predatory practices at the school likely played a role in the resignation of the school’s president last year.

The Department said that the California AG office had requested today’s loan discharges for Ashford students, based on evidence developed in its lawsuit “around widespread misrepresentations in nine separate areas, including students’ ability to obtain needed licensure, transfer credits, the cost and amount of financial aid, and the time it would take to earn a degree.” The Department said it conducted its own review of the evidence before acting.

Ashford has been sued or investigated by other federal and state agencies, including the U.S. Justice Department, Securities and Exchange Commission, and Consumer Financial Protection Bureau, and the attorneys general of Iowa, Massachusetts, New York, and North Carolina. A 2015 settlement with the CFPB forced Ashford to discharge $23.5 million in high-interest private loans and pay an $8 million civil penalty.

“Numerous federal and state investigations have documented the deceptive recruiting tactics frequently used by Ashford University,” U.S. Under Secretary of Education James Kvaal said in a statement today. “In reality, 90 percent of Ashford students never graduated, and the few who did were often left with large debts and low incomes. Today’s announcement will finally provide relief to many students who were harmed by Ashford’s illegal actions.”

In 2023 the Department announced $72 million in debt cancellation for more than 2,300 Ashford borrowers who who applied for relief. But with today’s action, a much larger group of former Ashford students will get automatic relief, without having to apply and prove their cases. The Department says it will email former Ashford students informing them of the discharge.

When it announced that first $72 million in relief in 2023, the Department said it planned to come after the University of Arizona to recoup the losses, which federal permits. Today’s announcement creates an even greater risk of liability for the state school. U of A has denied it would be responsible, but its purchase agreement with Zovio suggests otherwise.

Separately, the Department issued a Notice of Proposed Government-Wide Debarment from Federal Procurement and Non-Procurement Transactions to Clark, the founder and former CEO of Zovio — aiming at a decision that would, among other things, prevent Clark from working as a principal or executive of any college getting federal aid.

In a statement today, the Department said it was acting against Clark “because Ashford violated federal regulations regarding making substantial misrepresentations. The evidence from the California litigation, and other sources, which the Department independently reviewed, is mountainous. The conduct of Ashford can be imputed to Mr. Clark because he participated in, knew, or had reason to know of Ashford’s misrepresentations. Mr. Clark not only supervised the unlawful conduct, he personally participated in it, driving some of the worst aspects of the boiler-room-style recruiting culture.”

The Department said it would refer the proposed debarment to its Office of Hearings and Appeals, with a recommendation that Clark be banned for “not less than three years .” (Three years?) Clark would have an opportunity to oppose the move.

I’m not sure Clark will bother, if indeed the debarment effort goes forward under the administration of former Trump University head Donald J. Trump. Clark’s last reported job on his LinkedIn page is as CEO of Zovio, which went out of business in 2022. Clark made tens or even hundreds of millions running Zovio, with annual compensation topping $20 million in at least one year.

Clark abruptly left the company in 2021. Others responsible for awful Zovio, which changed its name from Bridgepoint Education in 2019, include Ryan Craig, a private equity man who served on the board from 2003 to 2022, and Robert Eitel, who worked at the company from 2015 to 2017 and later was one of Betsy DeVos’s top aides in the first Trump Department of Education.

On Monday, the Department of Education granted similar automatic debt relief to 73,600 borrowers who attended schools of the disgraced chain Center for Excellence Higher Education. That operation’s CEO, Eric Juhlin, was similarly debarred by the Department in 2021.

Unfortunately for today’s students, who will now be at the mercy of the incoming Trump administration, in addition to Ashford-n0w-UAGC, there are still many awful, large for-profit chains still running, including Perdoceo and the University of Phoenix.

There’s one other thing the Biden administration could do to halt Ashford’s abuses before it turns over the keys to the Trump administration, which last time did almost everything possible to help predatory schools abuse students: It could act on the long-pending application by Arizona to approve the change of ownership of Ashford. It should reject the application. And the University of Arizona should shut down this scam school once and for all.

When I first got involved in the issue of for-profit colleges, back in 2010, I received a phone call from a man who said he was on a golf course in the San Diego area, where Zovio, then called Bridgepoint, was located. He said that a bunch of Bridgepoint executives were playing golf while loudly mocking Ashford students. He held up the phone so I could hear the laughter.

[Editor's note: This article originally appeared on Republic Report.]

Monday, January 13, 2025

When Banks Lost Control of the Student Loan Mess

History can be many things. It can be both informative and purposely deceptive. And from time to time, historical events need to be revisited if we seek the truth. We also find critical historical analysis essential when we think about US higher education and student loan debt from a People's perspective.

In a previous article we said Best and Best's classic The Student Loan Mess needed to be updated and reexamined. Although the book was an exceptional chronicle of the student loan industry from 1958 to 2013, it missed at least one key event, the 2008-2010 bailout of Sallie Mae and a number of banks who made questionable private loans guaranteed by the US government. This lesson is especially important if the US government decides to get out of the student loan business or reduce government oversight of student loans.

From 1965 to 2010, the federal government was a backstop for private student loans, Guaranteed Student Loans, also known as the FFEL loans. Annual volume of private loans skyrocketed, from $5B in 2001 to over $20B in 2008, when 14 percent of all undergraduates had one. A secondary market for private student loan debt (student loan asset-backed securities) also began to flourish. An industry group, America's Student Loan Providers (ASLP), provided political cover for private lenders.

In 2007, President George W. Bush signed the College Cost Reduction and Access Act of 2007 (HR 2669) which cut subsidies to lenders and increasing grants to students. But this did little to contain the growing mountain of student loan debt. A mountain of unrecoverable debt that was crushing millions of consumers as the US was facing an enormous economic crisis, the Great Recession.

In rereading The Student Loan Mess, we also discovered that these private entities had not only made questionable loans, some private lenders had also bribed university officials to become preferred lenders. How commonplace this student loan grift was has not been adequately explored.

In 2008, the Bush government began a bailout of these private lenders, the Ensuring Continued Access to Student Loans Act (ECASLA), which amounted to $110B. This event occurred largely without notice. And because a larger Great Recession was happening, the ECASLA never received much media attention.

As part of Health Care and Education Reconciliation Act of 2010, President Obama's takeover of the Guaranteed Student Loan program in 2010, did get attention. Ending the Guaranteed Student Loan program was supposed to save the US government $66B over an 11-year period. This rosy projection never materialized. The FFEL loans acquired by the U.S. Department of Education (ED) during the transition to the Direct Loan program are now part of the Direct Loan portfolio. The U.S. Department of Education (ED) acquired an additional $20.4 billion in face amount of FFEL loans from lenders during the transition from the FFEL program to the Direct Loan program.

The FFEL loans that were not acquired by the U.S. Department of Education (ED) during the transition to the Direct Loan program remained with the original private lenders. These loans continue to be serviced by the private lenders that issued them.

For-profit colleges, the engine for much of this bad debt, did get scrutiny, and from 2010 to 2023, their presence was reduced. But overpriced education and edugrift continued in many forms. And after a short respite from 2020 to 2024, the mountain of bad student loan debt continues to grow.

Related links:

A Report on the Loan Purchase Programs Created by ECASLA

Student Loan Debt Clock

America's Student Loan Providers | C-SPAN.org

Student Loan History (New America)

Monday, November 25, 2024

FTC and California AG Have Been Investigating Online College Provider 2U (David Halperin)

Struggling online program management operation 2U has this year been under investigation by both the Federal Trade Commission and California’s attorney general, filings in federal bankruptcy court reveal.

Maryland-based 2U, which has faced scrutiny and lawsuits over alleged deceptive practices and has struggled with heavy debt, filed for Chapter 11 bankruptcy in federal court in Manhattan in July. The company emerged from bankruptcy on September 13, after a federal court approved its restructuring plan, but not before at least two filings in the case indicated that the FTC and the California AG are probing the company.

The very last page of a 128-page filing that 2U’s lawyers submitted in the bankruptcy case on September 4 notes that the FTC and California’s AG requested language in the court’s proposed order “that explicitly preserves governmental claims.”  Since there are apparently no contractual or business ties between 2U and the FTC or the California AG, the governmental claims almost certainly relate to a law enforcement request or investigation that could potentially result in penalties or judgments against the company. The notation indicates that 2U reached agreement with the federal and state law enforcement agencies that their claims would not be voided by the proposed bankruptcy restructuring.

Similarly, a September 23 filing includes an extensive list of 2U’s creditors — entities that may be owed money by the company. One entity on that list is “UNITED STATES FEDERAL TRADE COMMISSION” and the contact listed is the email address for Kimberly Nelson, an attorney in the FTC’s enforcement division, the branch, within the FTC’s Bureau of Consumer Protection, that investigates and brings actions against companies for deceptive and unfair business practices. (The California attorney general’s office does not appear on that particular list of creditors.)

An FTC spokesperson declined to comment. A spokesperson for the California Department of Justice emailed a statement saying, “To protect its integrity, we’re unable to comment on, even to confirm or deny, a potential or ongoing investigation.”

2U did not respond to a request for comment. 

David Vladeck, a former director of the FTC’s Bureau of Consumer Protection, told me today that he “can’t imagine any other reason” that the FTC and the California AG would appear in these bankruptcy documents other than that those agencies were “looking at” 2U. “The FTC often gets involved when a company under investigation is in bankruptcy,” Vladeck said. “I think it is absolutely fair to say that the FTC and the California AG are investigating this company.” 

Vladeck also said that, at least when he was at the FTC (from 2009 to 2012), a vote of the FTC commissioners would have been required to authorize commission lawyers to submit a filing in a bankruptcy case that would disclose a potential investigation of a company. 

Until its reorganization became effective on September 23, 2U was a publicly-traded company, and therefore was required to report significant events, such as the existence of a federal or state law enforcement investigation, in public filings to the Securities and Exchange Commission. I can’t, however, find any reference to an FTC or California AG investigation in 2U’s SEC filings this year. Company practices regarding an SEC disclosure threshold vary, and I don’t know if the FTC and California AG communications with 2U were of sufficient magnitude that they should have triggered such a reporting obligation for 2U. 

2U has long been a leader in the OPM space, partnering with colleges and universities to offer programs online. As of earlier this year, more than 67,000 students were enrolled in 2U programs, including more than 43,000 pursuing degrees at programs branded by public and private colleges. But advocates and students charge that 2U has offered low-quality programs using deceptive marketing and recruiting, often misleading students into thinking they are interacting with personnel of a well-known school rather than 2U employees.

In February, 2U had warned in Securities and Exchange Commission filings that it may not be able to stay in business. Yet in March, the company approved nearly $5 million in bonuses for a handful of top executives, including $2.3 million for CEO Paul Lalljie.

[Editor's note: This article originally appeared on Republic Report.] 

Thursday, October 31, 2024

Why the Higher Education Inquirer Continues to Gain Popularity

The Higher Education Inquirer (HEI) continues to grow, with no revenues, no advertising, and no SEO help. And for good reason. HEI fills a niche for student/consumers and workers and their allies. It provides valuable information about how the US higher education system works and what folks can do to navigate that system. 


We cover layoffs and union organizing and strikes in higher education, and we expose predators with some degree of risk-risk that other outlets often won't take. We take a stand on holding big business accountable and we side with struggling student debtors and their families. We question and interrogate higher ducation technology and credentialsAnd we dispel myths, disinformation, and hype. 

We research documents of all sorts, including information from the US Department of Education, Securities and Exchange Commission, Department of Veterans Affairs, Department of Defense, Department of Labor, and Federal Election Commission

The Higher Education Inquirer provides trustworthy information and expert opinions and analysis. Our list of authors is diverse and impressive, for many reasons. HEI treats our readers with respect. It gives students and workers a voice, accepting information and evidence from whistleblowers. And it allows for comments (including anonymous comments), comments that we value. 

When others do accept our research, we appreciate it. HEI has been a background source for the NY Times, Bloomberg, Chronicle of Higher Education, ProPublica, Forbes, Military Times, the American Prospect, and several other outlets. We strive to be ahead of the learned herd.  


Saturday, August 10, 2024

2U Collapse Puts Sallie Mae and SLABS Back on the Radar (Glen McGhee)

The collapse of 2U and its subsidiary edX has put Sallie Mae (SLM) on the radar.  Many of those elite brand certificate programs (under the name Harvard, MIT, Cal Berkeley) were propped up by Sallie Mae private student loans. 

When the adult learners who took these certificate courses from edX did not get better jobs that they were promised, some ended up struggling to pay their loans. Some have defaulted on their loans. And a ripple occurs.  As part of a larger edtech meltdown, and with IT jobs being lost each month, the situation promises to get worse.

As a hedge for SLM, most of these loans are processed into Student Loan Asset-Backed Securities (SLABS) and sold off as assets. Large investors, including pension programs are invested directly or indirectly in this mess.

Sallie Mae Boom and Bust 

Sallie Mae (SLM) is a private lender that has had a number of problems.  Despite being bailed out by the US government and spinning off part of itself, SLM has a poor credit rating that's bad and getting worse. 

In 1972, the Nixon administration created the Student Loan Marketing Association, or “Sallie Mae” — a government-sponsored enterprise empowered by the government to use U.S. Treasury money to buy government-backed student loans from banks. 

As a publicly traded corporation Sallie Mae has benefited from decades of close government connections.

SLM was very profitable (and very predatory to consumers) when there was little oversight, and the US economy was booming. But when the Great Recession hit in 2008, SLM had to be bailed out when the US government purchased billions of dollars in government-backed student loans. After that bailout, Sallie Mae returned to maximizing profitability.  Over the last 5 years, SLM shares have gained 144 percent in value as student borrowers have suffered.   

While the economy is doing well enough for the middle class, that could change for the worse, not just for consumers, but also Sallie Mae. 

Recent Troubles, Troubles Ahead

In July 2024, Moody's changed its outlook on SLM's long-term from stable to negative, The bond ratings were already less than stellar, a Ba1 for senior unsecured notes. Ratings for some of its Student Loan Asset-Backed Securities were downgraded in 2022. 

Help for Student Debtors

For student loan debtors, we recommend joining the Debt Collective and contacting other advocates, including the Student Borrower Protection Center and the Project on Predatory Student Lending.

Related links:

2U Suspended from NASDAQ. Help for USC and UNC Student Loan Debtors.

2U Declares Chapter 11 Bankruptcy. Will Anyone Else Name All The Elite Universities That Were Complicit?

HurricaneTWOU.com: Digital Protest Exposes Syracuse, USC, Pepperdine, and University of North Carolina in 2U edX Edugrift (2024)

2U-edX crash exposes the latest wave of edugrift (2023)

2U Virus Expands College Meltdown to Elite Universities (2019)

Buyer Beware: Servicemembers, Veterans, and Families Need to Be On Guard with College and Career Choices (2021)

College Meltdown 2.1 (2022)

EdTech Meltdown (2023)  

Erica Gallagher Speaks Out About 2U's Shady Practices at Department of Education Virtual Listening Meeting (2023)

Wednesday, August 7, 2024

2U Suspended from NASDAQ. Help for USC and UNC Student Loan Debtors.

2U (TWOU), the online program manager for a number of elite and brand name schools has been suspended from the NASDAQ today for regulatory non-compliance. 

A number of law firms have also announced potential shareholder lawsuits as 2U attempts to reorganize.Their contention is that shareholders were misled by key executives of 2U. 

If these legal contentions are true, the Securities and Exchange Commission has the power to fine and ban executives and former executives from taking part as senior executives with other publicly traded companies. There is a precedent for this. In 2018, the former CEO and CFO of ITT Tech (ESI), Kevin Modany and Daniel Fitzpatrick, accepted penalties.   

Potential Relief from Fraud for Elite Online Degrees and Certificates 

2U has operated as an online program manager for about 70 clients, mostly highly regarded universities, including Harvard University, Yale University, MIT, University of Pennsylvania, Columbia University, Georgia Tech, University of California, Berkeley, Pepperdine University, Rice University, University of North Carolina, and University of Texas. 2U made false claims about the relationship it had with corporate employers, leading consumers to believe that these brand name credentials would be a ticket to better work

Students who used federal student loans for 2U's online graduate programs for the University of Southern California and the University of North Carolina may be eligible for debt forgiveness if they can prove that they were defrauded. We recommend contacting the Project on Predatory Student Lending for a potential remedy. 

For those who were misled about elite certificates, we recommend contacting the Federal Trade Commission and your state attorney general. However, both options will not result in easy answers. 

Related links:

2U Declares Chapter 11 Bankruptcy. Will Anyone Else Name All The Elite Universities That Were Complicit?

HurricaneTWOU.com: Digital Protest Exposes Syracuse, USC, Pepperdine, and University of North Carolina in 2U edX Edugrift (2024)

2U-edX crash exposes the latest wave of edugrift (2023)

2U Virus Expands College Meltdown to Elite Universities (2019)

Buyer Beware: Servicemembers, Veterans, and Families Need to Be On Guard with College and Career Choices (2021)

College Meltdown 2.1 (2022)

EdTech Meltdown (2023)  

Erica Gallagher Speaks Out About 2U's Shady Practices at Department of Education Virtual Listening Meeting (2023)