Tag Archives: USMS

A Little Something from Santa – Update for December 17, 2021

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

STOCKING STUFFERS

Some odds and ends from last week…


free211217
Free PACER?: The Senate Judiciary Committee on Thursday advanced a bipartisan bill to overhaul the PACER electronic court record system and make the downloading of filings free for the public. The Open Courts Act of 2021 will now go to the full Senate for its consideration, after the Committee adopted an amendment that provided for additional funding and addressed the judiciary’s concerns on technical issues.

The panel approved the measure on a voice vote without any recorded opposition. Similar legislation has been introduced in the House, which during the last Congress passed a version of the bill despite opposition from the judiciary over its costs. The House Judiciary Committee has yet to take up the latest measure.

S.2614, Open Courts Act of 2021

Reuters, Free PACER? Bill to end fees for online court records advances in Senate (December 9, 2021)

Marshals Detainees to USP Leavenworth: The United States Marshals Service will transfer inmates from CoreCivic’s Leavenworth Detention Center to the USP Leavenworth, according to a USMS spokeswoman.

The Marshals Service has contracted with CoreCivic in the past to house pretrial detainees, but the contract is not being renewed due to President Biden’s ban on use of private prisons. The contract expires at the end of the year.

Leavenworth Times, CoreCivic inmates to be transferred to USP (December  9, 2021)

The Court cares about you... but you still better file within 90 days.
The Court cares about you… but you still better file within 90 days.

Yes, SCOTUS is Back to Normal: A reader last week reported that some filers still are counting on the Supreme Court giving them 150 days to file for certiorari, a temporary measure enacted by COVID orders of March 19, 2020, and April 15, 2020. But on July 19, 2021, the Court announced that for any lower court judgment issued on that date or later, the time for filing would once again be 90 days.

This means that on this past Wednesday, December 15, 2021 – being 150 days from July 18 – is the last extended COVID deadline.

Supreme Court Order (July 19)

Fraud170406RDAP For Fun and Profit: Tony Tuam Pham, former managing partner of Michigan-based RDAP Law Consultants, LLC, was sentenced to 72 months last week for “coaching federal inmates and prospective inmates… how to lie to gain admission” into RDAP.

Tony pled guilty to claims that while he knew that many of his clients did not abuse alcohol or drugs and were ineligible for the RDAP, he coached them how to feign or exaggerate a drug or alcohol disorder anyway in order to lie their way into RDAP.

The US Attorney for Connecticut said Tony’s firm made over $2.6 million in client fees through the scheme.

US Attorney Press Release, Prison Consultant Sentenced to 6 Years for Defrauding BOP Substance Abuse Treatment Program (December 10, 2021)

– Thomas L. Root

You’re Not Sick If We Say You’re Not Sick – Update for August 17, 2020

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

MIRACLE RECOVERIES SEEM TO FLATTEN OUT AS CRITICS TAKE AIM AT BOP AND MARSHALS

The Federal Bureau of Prisons COVID-19 numbers fell 9% last week, but that statistic is only part of the story.

After bottoming out at 1,272 on Tuesday, the number of active inmate coronavirus cases climbed back into the 1,300s, where they stayed all week. Last night, the number was 1,356. What’s more, BOP staffers with COVID-19 stands at 570, virtually the same as the 571 sick staffers a week ago. The number of BOP facilities with active cases fell slightly from 114 to 111. Deaths, unsurprisingly, rose from 116 to 118 (this number, like the number of inmate cases, includes federal prisoners in private prisons as well).

InmateCOVID200817

Since March, the BOP has administered 45,702 tests. If this were one test per inmate, the agency would have completed tests on 29% of its population (but there’s no assurance some people have not been tested multiple times). The BOP is still finding an infection rate among inmates to be 26%.

What the stats show is that the BOP has exhausted its supply of infected inmates it can now miraculously declared to be cured because of a lapse of 10 days from the date the positive test came back. Once again, it appears that the Bureau is finding new cases as fast as it can write off old one.

At the same time, the number of sick staffers is stubbornly refused to fall, and remains nearly double a month ago and three times the level in mid-June. Likewise, the number of institutions where the virus is present is not budging.

transfer200817These Transfers Are Killing Me: Nevertheless, Phase Nine is now in place, and the BOP is seeing inmate transfers and admissions once again. Meanwhile, VICE News published a lengthy article last week alleging that continued US Marshal Service transfer of prisoners during the pandemic was responsible for much of the spread of COVID-19 throughout the BOP. According to VICE News, whistleblower complaints it had obtained alleged “federal prisoners infected with the coronavirus have been shipped as far as Puerto Rico in recent weeks, and to federal lock-ups in Alabama and Florida. BOP employees say prisoners have also tested positive after being shuffled around to facilities in Colorado, Illinois, Texas, Oklahoma, Pennsylvania, and Louisiana.”

VICE News quoted Anthony Koeppel, a BOP union local official at FCI Pollock, as saying, “It’s putting staff at risk, it’s putting inmates at risk, and it’s putting the community at risk. We’re talking about lives here. This is an extremely dangerous situation.”

The Marshals say they aren’t required to do any testing because “an agreement was made” that the BOP would handle tests and quarantines once prisoners are transferred into its lock-ups.

VICE News said BOP staff and prisoners have blamed transfers for helping the COVID-19 “wreak havoc across the BOP, killing 111 prisoners and at least one staff member, and infecting over 10,000 prisoners and 1,200 workers… The agency officially halted most movement of prisoners in March in an effort to limit the spread of the virus; when it does transfer prisoners itself, it requires them to undergo coronavirus testing and a 14-day quarantine before and after being moved. But the Marshals don’t abide by those rules — and they keep moving people. While transfers have slowed — down 76% from April to July compared to the same period last year, according to the Marshals — they never truly stopped.”

herd200817Prisons and Herd Immunity:  The Los Angeles Times noted last week that the prison experience with COVID-19 at San Quentin State Prison north of San Francisco suggests that herd immunity would come with substantial cost. “Herd immunity” is the idea is that eventually, a sufficient percentage of the population will have survived COVID-19 and become immune, which in turn protects the rest of the uninfected population by interrupting the spread of the virus.

“COVID-19 spread unchecked across California’s oldest prison,” the Times reported, “in ways that stunned public health experts, despite efforts to control the disease. As of Monday, there had been more than 2,200 cases and 25 deaths, among a population of more than 3,260 people.”

Expert Questions BOP “Recovered” Declarations: The BOP has experienced its own “San Quentins,” the latest arguably being FCI Seagoville, Texas, where 77% of the 1,746 inmates had COVID-19. As of Sunday night, only 35 inmates reportedly had active cases.

But Dr. Homer Venters – an epidemiologist investigating COVID-19 in the BOP – is skeptical. “People that tested positive, let’s say three, four weeks ago, may be considered recovered or not part of active cases,” Venters told KXAS-TV. “When you kind of wave a wand over people and say they’re recovered, my experience going into jails and prisons is many of them are not actually recovered. Many of them have new shortness of breath, chest pain, ringing in the ears, headaches. Other very serious symptoms.”

Serious Long-Term Effects: Another recent concern has arisen over long-term heart damage among younger people who contract COVID-19. Experts have linked coronavirus to development of a condition called viral myocarditis, which is a weakening of the general heart muscle.

COVIDheart200720“That is happening upwards of 50% of the people who are hospitalized with COVID will end up with some kind of cardiac damage. Some more severe than others,” Dr. Scott Miscovich, a Honolulu COVID specialist, said. “When you have that much damage to your heart muscles, not only are you going to be short of breath walking to a chair to the bathroom, you’re probably only going to survive five years.”

VICE News, ‘Con Air’ Is Spreading COVID-19 All Over the U.S. Prison System (August 13)

Los Angeles Times, San Quentin’s coronavirus outbreak shows why ‘herd immunity’ could mean disaster (August 11)

KXAS-TV, Seagoville Federal Prison COVID-Cases Fall Drastically, Expert Warns Against New Data as Family Mourns Loss (August 14)

KHON-TV, Hawaii COVID-19 expert concerned about heart damage for young people (August 10)

– Thomas L. Root

A Collateral Consequence We Didn’t See Coming – Update for May 7, 2020

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

ADDING INSULT TO INJURY

Anyone who has ever had a brush with the criminal justice system knows well enough how the collateral consequences of even a single felony conviction will haunt someone for the rest of his or her natural life.

collateral181109I figured that the latest indignity was that anyone with a prior felony conviction, no matter how old, was being precluded by the Small Business Administration from participating in the stimulus loans – the Paycheck Protection Program and the Economic Injury Disaster Loans for small businesses. Remember that youthful indiscretion back in 1990? That means you can forget saving the business you’ve built over the past 30 years, the one with 25 employees who are about to lose their jobs because of the coronavirus shutdown. Congress did not specify in the stimulus program that you could not have a prior felony conviction in order to participate, but the SBA sure did.

But I was wrong. No, not about the SBA’s mindless ban on people with prior convictions participating in the PPP and EIDL loans. That’s real enough. Instead, I was wrong about that being the latest indignity.

USMS200507An alert reader brought to my attention a letter she had received from the U.S. Marshals Service the other day. Years ago, she had run with the wrong boyfriend, and was left with bad memories and a conviction for holding several kilos of pot on his behalf. Now, she is a successful grant writer with a nice family. We’ll call her “Jill.”

Jill admits that no matter how long it’s been since her supervised release ended, a letter from the Marshals will leave you in a cold sweat as you open it. Her fear turned to disbelief and anger as she read the contents:

On December 30, 2019, the United States Marshals Service (USMS), Information Technology Division (ITD) received notification from the Department of Justice, Security Operations Center (JSOC) of a security breach affecting a public-facing USMS server that houses information pertaining to current and former USMS prisoners. You have been identified as an individual whose personally identifiable information (PII) may have been compromised as a result of this breach…

It’s not enough that the USMS stores all of that embarrassing personal data about you long after you cease being subject to Tommy Lee Jones’ whims. The Marshals can’t even protect their own servers, and – having left all of that PII about former prisoners on what the USMS euphemistically calls a “public-facing USMS server” – Xi Jinping and Vladimir Putin now own your DOB, address, social security number, register number, license tags and all of your other data (including your photo, which was duly digitized and stored in your file as well).

marshals200507If you’re a non-governmental actor – say an Equifax or Facebook or a ChoicePoint or a Marriott – you can be sure that a data breach will be followed by a hefty fine imposed by the Federal Trade Commission, not to mention a class-action suit by the consumers whose PII was leaked to some guy in Romania needing a shower.

But if you’re the government, and you discover a breach but wait four full months to reveal it to the affected parties… Yeah, so what.

The Marshals have magnanimously agreed to offer the affected persons “identity theft protection services through ID Experts®, the data breach and recovery services expert, to provide you with MylDCare™. MyIDCare services include: one Tri- Bureau Credit Report from all three Credit Bureaus (TransUnion, Experian and Equifax), 12 months of Credit and Identity Monitoring, a $5,000,000 insurance reimbursement policy, and fully managed ID Theft Recovery services.”

thankfornothing200507This credit service may be of dubious value to former prisoners (read the reviews), but will most assuredly be of no value whatsoever to people who are still prisoners, and who may be released someday to find out that their credit has been sliced and diced by some guy in Mumbai. But then, who cares? Holding people accountable for gross misfeasance is something the government’s good at, as long as the people aren’t part of the government. And burdening an inmate with yet another collateral consequence is always a vote-getter.

“With this protection,” the USMS confidently predicts, “MyIDCare will help you resolve issues if your identity is compromised.”

Peachy.

USMS Letter to affected persons, dated May 1, 2020

The Marshall Project (not to be confused with the Marshal Service, a different animal altogether), Trump Administration Tells Some Business Owners “Do Not Apply” for Coronavirus Loans (Apr 8)

Law 360, Have A Criminal Record? COVID-19 Relief May Be Out Of Reach (May 3)

– Thomas L. Root