Corruption in our nation’s prison system is a major problem because it encourages the illicit trade of drugs and other contraband in prison that finances gangs and organized crime.
Corruption in prison usually occurs because of three factors: coercion, recruitment, or emotional blackmail.
Sometimes an inmate will use coercion and threaten a prison official or their family if he or she does not comply and smuggle contraband into the prison. Alternatively, the prisoner will use bribery and offer the guard money or commissary goods in exchange for his/her cooperation. Inmates sometimes combine bribery with blackmail by threatening to report the guard’s misconduct if they do not cooperate.
Gangs in prison have been known to actively recruit members on the street who have no criminal record to apply to become correctional officers with promises of additional income paid by the inmates’ criminal enterprises.
The highly publicized 2015 escape of inmates from the Clinton Correctional Facility in New York highlighted the issue of improper relationships between correctional officers and inmates.
The FBI’s Atlanta division recently announced the results of an investigation into widespread public corruption within the Georgia prison system that revealed extensive crimes carried out by inmates who were aided and abetted by corrupt guards. Many of these crimes not only had an influence within the prison system but in the outside world as well.
This investigation, dubbed “Operation Ghost Guard”, led to indictments involving 50 former and current Georgia Department of Corrections officers for accepting bribes in exchange for protecting what they believed to be shipments of drugs. A large amount of contraband, which included drugs, weapons and cell phones were also recovered.
Although a cell phone may seem like an innocuous contraband when compared to drugs or weapons, it can be used in many serious crimes. For example, inmates have used a common scheme to impersonate law enforcement over the phone from prison to extort money from victims. Similarly, cell phones in prison allow gang members to communicate with each other and orchestrate criminal conspiracies.
There is a charge called “honest services fraud”, which is included under the umbrella of wire fraud. As opposed to duping someone out of their money or property, honest services fraud is defined as a scheme or ploy to deprive another of the intangible right of honest services. In this context, the correctional officers are depriving the inmates of the intangible right to be protected by the correctional officers.
Honest services fraud or prison corruption is punishable in conjunction with RICO charges for up to 20 years in federal prison, a fine of up to $250,000, or both. The Supreme Court in 2010 placed more limits on what “honest services fraud” means, finding that Congress intended the law to apply only to bribery or kickbacks. Violations of state law need not be proven for federal penalties to apply in situations involving quid pro quo, being paid for decision-making or agreeing to award certain contracts in exchange for a percentage or portion of profits as a fee.
If you believe that you or someone you know might be charged or under investigation of prison corruption or honest services fraud, we invite you to contact us as soon so that you can have the best outcome possible.
