Integrity Briefing2 Overview of the OIG and Integrity Awareness Briefing
Integrity Briefing3 History IG Act of 1978 created OIGs DOJ OIG created April 14, 1989 DOJ Reauthorization Act Statutory authority to investigate misconduct throughout the Department
Integrity Briefing4 Mission Detect and deter fraud, waste, and abuse Investigate misconduct in Department programs and personnel Promote economy and efficiency in the Department Conduct and supervise independent and objective audits and investigations relating to agency programs and operations
Integrity Briefing5 Jurisdiction As a general rule, the OIG has jurisdiction to investigate all criminal or administrative misconduct by Department employees, with one exception; The Department’s Office of Professional Responsibility investigates allegations of misconduct by Department attorneys and agents working under their direction that relate to the attorneys’ exercise of their authority to litigate, investigate or provide legal advice.
Integrity Briefing7 Organization Approximately 400 employees Four Divisions and one Office Investigations Division has about 175 employees 8 Field Offices 8 Area Offices Field Offices aligned geographically
Integrity Briefing8 Investigations Division Conducts criminal and administrative investigations Violations of laws and significant policy and procedural deviations Senior Department officials Special Inquiries
Integrity Briefing24 Title 18 § 242 Deprivation of Rights Under Color of Law Physical Abuse Sexual Abuse Deprivation of Rights
Integrity Briefing25 Title 18 § 201 Bribery of a Public Official Public Official - Officer or Employee or Person acting for or on behalf of the US, or any department, agency or branch of government. Directly or indirectly corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity.
Integrity Briefing26 Title 18 § 1791 Providing or Possessing Contraband in Prison Whoever: Provides to an inmate of a prison a prohibited object, or attempts to do so. Being an inmate of a prison, makes, possesses, or obtains, or attempts to make or obtain, a prohibited object. *2006 – facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General' after `penal facility'.
Lawrence Vitiello-Correctional Officer FCI Forrest City 18 U.S.C. 201 Sentenced to 15 months’ imprisonment, 2 years supervised release, and fined $4,000 Integrity Briefing27
Integrity Briefing28 Booker T. Conley - Correctional Officer FCI Bastrop 18 USC 201 Smuggled in over 900 pouches of Bugler tobacco Received $10,000 in bribes Sentenced to 24 months Arrested 8/26/2008
Olivia Hernandez-Correctional Officer FCI Texarkana Indicted November 2, 2011 of 18 U.S.C. 201 Pled guilty November 18, 2011 Forfeiture of over $22,000 ordered Former CO of the Year Integrity Briefing29
Michael Hopper-Correctional Officer FCI Seagoville 18 USC 201 Received over $17,000 in bribes to smuggle in tobacco, alcohol, and creatine Sentenced to 24 months in prison on January 6, 2012 Integrity Briefing30
Rafael Cuevas – SIS Lieutenant – FMC Carswell Date of Arrest: Nov. 2, 2010 – Contraband 18 USC 1791 Sentence: 24 months Probation Integrity Briefing31
Integrity Briefing32 18 § 2241 Aggravated Sexual Abuse Whoever, in a federal prison, knowingly causes another person to engage in a sexual act By using force against that other person; or By threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so.
Integrity Briefing33 18 § 2242 Sexual Abuse Whoever, in a federal prison, knowingly causes another person to engage in a sexual act by Threatening or placing that person in fear No threat or fear of subjected to death, serious bodily injury, or kidnapping ; or Engages in a sexual act with another person if that person is Incapable of appraising the nature of the conduct; or Physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act, or attempts to do so.
Integrity Briefing34 18 § 2243 Sexual Abuse of a Ward or Minor (Commonly, but incorrectly referred to as consensual sex) Whoever, in a federal prison, knowingly engages in a sexual act with another person who is In official detention; and Under the custodial, supervisory, or disciplinary authority of the person so engaging; or attempts to do so.
Integrity Briefing35 18 § 2244 Abusive Sexual Contact Sexual contact without the sexual act Applies to each of the three other statues (18 § 2241, 18 § 2242, and 18 § 2243)
Physician Assistant Lawrence Walker-FTC OKC Convicted at trial of 18 USC 2244, Abusive Sexual Contact Sentenced to 15 months’ imprisonment on June 4, 2013 Will be a registered sex offender Integrity Briefing36
Correctional Officer Michele O’Neal FCI Fort Worth Pled guilty to 18 USC 2243 and 18 USC 2246 Sentenced to 5 months’ imprisonment Integrity Briefing37
Integrity Briefing38 Michael L. Miller – Correctional Officer Date of Arrest: 8/15/03 – Aggravated Sexual Abuse Sentence: 150 months incarceration + $207,175 restitution 30412-177 Projected Release Date: December 31, 2014
Integrity Briefing39 On January 5, 2006, President Bush signed in to law the Violence Against Women Reauthorization bill. Sexual Abuse of a Ward - Section 2243(b) of such title is amended by striking `one year' and inserting `five years’ Abusive Sexual Contact - Section 2244 of such title is amended by striking `six months' and inserting `two years' in each of subsections (a)(4) and (b). NO LONGER A MISDEMEANOR Increased Penalties
Integrity Briefing40 21 § 841 Narcotics Possession and Distribution Any person who knowingly or intentionally Manufactures, distributes, dispenses, or Possesses with intent to manufacture, distribute, or dispense a controlled substance.
Integrity Briefing41 21 § 846 Attempt and Conspiracy Applies to narcotics trafficking violations Same penalties as primary offense
Integrity Briefing42 Jimmy L. Roberts – Gardener Supervisor Date of Arrest: 2/25/04 – Possession w/ Intent to Distribute Methamphetamine Sentence: 60 months incarceration 10240-078
18 § 1001 False Statements WHOEVER: Falsifies, Conceals, or Covers up a Material Fact Makes any Materially False, Fictitious, or Fraudulent Statement or Representations Makes or Uses any False Writing or Document Shall be imprisoned not more than 5 years Integrity Briefing43
Jaime Salgado-Big Spring Correctional Center Pled guilty to 18 U.S.C. 1001 for falsifying logs showing rounds were completed Inmate committed suicide during the period covered falsified rounds Integrity Briefing44
Ismael Sanchez-BOP-Contracted Dependency Counselor Convicted at trial of 18 USC 287, submitting false claims to the government Fraudulently billed for counseling he did not perform Ordered to pay $95,000 in restitution 27 months’ imprisonment Integrity Briefing45
Bryan Lowry- FCI Forrest City Pled guilty to 18 U.S.C. 1018-False Writing or Certificate on December 13, 2012 Sentenced to 24 months’ probation Agreed not to serve as an officer of a labor organization for 13 years Integrity Briefing46
Integrity Briefing47 Inmate Indicted for False Allegation Sherri Southerland BOP #: 22627-009 Arrested: June 27, 2006 Made false Statement she was raped by C.O. – Investigation determined she wanted to sue BOP. Sentenced – 8 months – Consecutive
Integrity Briefing48 Corruption The misuse of a public official’s position for personal gain or gain of others Not limited to financial or material gain Actions violate Titles 5 and 28 of CFR Actions violate federal statute
Other DOJ Investigations OKC FBI Special Agent pled guilty to stealing over $43,000 in funds intended for confidential sources Employee of DOJ grantee pled guilty to embezzling over $92,000 in grant funds Former FBI Special Agent in Charge pled guilty to violating federal ethics laws DEA Special Agent Pilot pled guilty to false statements Integrity Briefing49
Integrity Briefing50 Employees are Targets Blackmail Compromise of position Favors for family and associates Recruitment by criminal organizations
Integrity Briefing51 Motives for Corruption Greed Power Status Thrills Sex Financial Pressure Substance Abuse Stress Family Issues Associates
Integrity Briefing52 Corruption Indicators Excessive Indebtedness Performance Problems Unexplained Affluence Behavioral Changes Inappropriate Associations Problems with Local Police Observed in Questionable Area
Integrity Briefing53 An Inmate’s Advice Inmates can be Manipulative Coercive Deceptive Self Serving
Investigations Division Briefing55 UNION REPRESENTATION Bargaining unit employee Union representation is not automatic Belief discipline will result Select a particular representative Agency can compel employee
Investigations Division Briefing56 UNION ROLE Can advise employee Can assist and clarify issues Cannot answer for employee Cannot interfere with interview Cannot direct proceeding
Investigations Division Briefing57 SPECIAL CONSIDERATIONS WITH UNION REPRESENTATION Confidentiality issues No attorney-client privilege Personal safety concerns Operational concerns
Integrity Briefing58 Reporting Allegations DOJ employees have a duty to report misconduct and allegations of criminality to the OIA and/or the OIG DOJ employees have an obligation to cooperate fully with the OIG when told that their statements will not be used against them in any criminal proceeding Criminal and civil liability
Integrity Briefing59 Memo to all DOJ Employees FROM: Attorney General SUBJECT: Duty to Report Misconduct & Cooperate with Investigators Duty to Report: Waste, Fraud, or Abuse Criminal or Serious Administrative Misconduct by DOJ Employees
Integrity Briefing60 Not Reporting Allegations An oversight Supervisors fear repercussions from employees Managers fear reporting misconduct will hurt their careers Employees fear reprisal Avoid scandal and bad press
Brandon Willis – Correctional Officer, USP Pollock 14 count indictment - 18 USC 201, 846, 876, 1512, 1513, and 1791 Solicited inmate to kill SIA, SIS Lt, and civilian, smuggled contraband and accepted bribe payments Sentenced to 71 months in prison; 3yrs supervised release; $5k fine on May 4, 2012 Integrity Briefing61
Integrity Briefing62 Consequences Vast majority of employees are honest, and may become disillusioned and cynical Corrupt employees - and cynical employees - are more inclined to make exceptions, be lax in the performance of job duties, and be less dedicated to their profession Loss of public trust - budgetary consequence
18 U.S.C. 4-Misprision of a Felony §Failure to report knowledge of the commission of a federal felony when provided the opportunity to do so-i.e., when asked by the OIG §Conceals or “does not make known as soon as possible” the commission of a felony- commits an affirmative act to do so §Up to 3 years’ imprisonment Integrity Briefing63
James McKinnon-Big Spring Correctional Center Pled guilty to one count of 18 USC 4, Misprision of a Felony Sentenced to 6 months’ imprisonment on December 13, 2013 Allowed others to falsify logs claiming rounds were completed the night an inmate committed suicide Integrity Briefing64
Integrity Briefing65 OIG Advice Take a Stand on Integrity – Get Out in Front! Develop a Good Relationship with your Managers and Coworkers, and the OIG – Be Part of the Solution! Learn from Integrity Failures – Look for Ways to Avoid Recurring Problems!
Integrity Briefing66 Bottom Line lService to you and BOP lTeamwork lConsulting lBuilding a partnership for successful outcomes
Louis Valdez Krezdorn §Immigration Inspector, Eagle Pass, Texas §Alleged to have accepted bribes to misuse federal LE databases to run immigration checks and criminal queries on Mexican drug traffickers Integrity Briefing67
Louis Alfonso Krezdorn §Eagle Pass, Texas §Employed as Private Investigator for Eagle Pass defense attorney §Bribed his father to run illegal queries Integrity Briefing68
Constable Juan Garcia §Eagle Pass, Texas §Accepted bribes from Louis A. Krezdorn to conduct state and local police queries Integrity Briefing69