Staffing Shortages and Operational Failures Lead to Epstein’s Death, BOP Scrutiny

A recent report by the U.S. Justice Department’s Office of the Inspector General indicated that negligence, misconduct, and systematic problems at the Federal Bureau of Prisons contributed to the death of financier Jeffrey Epstein during his 2019 detainment in a federal correctional facility. Epstein died by suicide while under BOP’s custody at New York’s Metropolitan Correctional Center before he could stand trial for sex trafficking charges.

 

According to the OIG report, Epstein was supposed to be under special watch due to previous suicide attempts. Severe staffing shortages, failures at managing inmates at risk for suicide, issues with maintaining working security cameras and a "widespread disregard of BOP policies and procedures” were seen in the Epstein case.

Two BOP officers were charged for failing to check on Epstein and then fabricating records to hide their mistake. Two other BOP employees, who went unnamed in the report, were referred for criminal charges due to falsely certifying inmate counts and rounds on the day before and after Epstein's death. Prosecution was ultimately declined for those staffers.

 

DOJ OIG has issued a number of reviews involving BOP with similar conclusions—the reports have identified longstanding challenges that lead to failures on several levels, according to the report. Staffing shortages, operational failures, and overall mismanagement can lead to incidents and allegations that lead to agency investigations. If an allegation is made against you, it is a necessity, not luxury, to have knowledgeable and effective counsel advocating on your behalf. Your agency attorney is not your attorney. It is the job of the agency attorney to defend the agency – not you. As a federal law enforcement officer, you need to have counsel that has specific federal experience representing you, with your professional vulnerabilities. As the professional liability insurance (PLI) provider endorsed by the leading federal law enforcement employee associations, FEDS Protection can help.

 

FEDS Protection offers federal employee policies with $1 million, $2 million, or $3 million in civil liability protection for attorney’s fees and indemnity costs in the event you are sued in your civil capacity.  The FEDS policy also includes $200,000 of legal representation coverage per incident for administrative actions and $100,000 of coverage for criminal defense costs.  Annual premiums for FEDS Protection PLI start at $290, which is less than it would typically cost to hire a federal employment lawyer for an hour.  Additionally, federal managers and law enforcement officers are eligible for a reimbursement of up to 50% the cost of their PLI policy through their agency.  To learn more about how a FEDS PLI policy can protect you and your career, visit www.fedsprotection.com or call (866) 955-FEDS, M-F 8:30am-6pm to speak directly to a representative.

 

*This article is provided for informational purposes only and does not constitute legal advice.

Are You a Retiring Federal Employee or Leaving Federal Service and Considering Contracting with the Government?

If yes, consider FEDS Protection for your government contracting insurance needs. At FEDS Protection, we also support Federal Contractors by providing insurance coverage specifically tailored to meet the unique needs of today's federal contractors including general and professional liability, Defense Base Act Insurance and Foreign Liability coverage.  In our experience, many small businesses need assistance in navigating the insurance portion of a government RFP.

The federal government is our specific focus and area of expertise. If you are looking to review your current or upcoming insurance needs, including the unique insurance requirements of any contract involving civilian employees overseas (requiring DBA Insurance and Foreign Liability coverage) please contact our government contractor specialist Deb Moylan at 301-284-8887 or dmoylan@fedsprotection.com.

Deb Moylan can help you bridge the gap so that your next contract will lead to success!

FEDS Protection wants to celebrate those who work together from diverse backgrounds that move our country forward. These efforts are not and cannot be made alone. They are completed each day with empathy, energy, and intentionality. While some moments can be awkward, small wins can be awesome.  Regardless, each inclusive action is worth the effort. 

We hope each of you can play a small part in the path toward progress and continue to do so in your own way. We will continue to stand with you in this effort every step of the journey.

"I have been representing federal employees and officials for over 20 years. The past 15 years of my practice has been spent with a focus on defending federal law enforcement officers and employees in various investigations, disciplinary proceedings, and at DOJ’s request in Bivens suits.  The work of federal law enforcement took a sharp and marked turn post 9/11 into the realm of our national security. No doubt federal law enforcement activities pre 9/11 were complicated, dangerous, and subject to all forms of scrutiny. The post 9/11 landscape has taken the work and scrutiny of federal law enforcement to a whole new place, making it unlikely anymore to complete a career in law enforcement without having to answer to an allegation of wrongdoing. While the type of allegation may vary from your use of the GOV, loss of a weapon, treatment of a witness or source, information on a travel voucher, to something as serious as your handling of a law enforcement operation, what remains constant is the new post 9/11 level of scrutiny you will be subject to by your agency when the allegation surfaces. I have seen first-hand in my representation of hundreds of law enforcement officials how having experienced, tenacious, and objective legal counsel has saved a career even in cases of what you think is a ""minor” matter. Having objective and experienced legal counsel to deal with federal matters is simply cost prohibitive. It’s remarkable to be able to purchase through an insurance policy that kind of protection as well as the protection for payments of personal judgments if you are sued. If you are engaged in any law enforcement or homeland security function, you have to ask yourself if you are willing to gamble your life savings when you can so readily purchase an affordable safety net.”

 

- Debra Roth (Managing Partner, Shaw Bransford & Roth)

 

The FEDS team hosted two webinars last month. One was presented to Professional Women Controllers (PWC) members on Professional Liability Insurance. The other, called Congressional Investigations: Know Your Rights & Responsibilities, was hosted with attorneys of the law firms Shaw Bransford & Roth, PC and MoloLamken LLP. The links are included below. Please share with a colleague and learn why Professional Liability Insurance is essential for personal and professional peace of mind! This benefit is so important, it could be partially reimbursed for many federal employees!

 

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