Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 1 of 17 PagelD 1
FILED
201411AR 12 PH 1:45
DEPUTY CLEF:X4,2
v.
No. 1-• 14CR- 01.8-
FREDERICK HERNANDEZ (1)
JOEY ROSAS
(2)
(3)
INDICTMENT
The Grand Jury Charges:
INTRODUCTION
At all times pertinent to this Indictment:
1.
The Big Spring Correctional Center (BSCC) is a correctional facility under
contract with the GEO Group, Inc., under the jurisdiction of an agency of the United States,
the United States Department of Justice, in which persons are held in custody by direction
of and pursuant to a contract with the head of a Federal agency, the United States
Department of Justice.
2.
The BSCC consists of four correctional units, including the Flight Line
Unit, managed under contract by the GEO Group, Inc., under the jurisdiction of an agency
of the United States, the Bureau of Prisons (BOP).
3.
The Flight Line Unit at the BSCC provides contract housing services for
approximately 1,500 federal inmates. The Flight Line Unit is equipped with a Special
Indictment (Frederick Hernandez, Joey Rotas, and Christopher Moore) - Page 1
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Housing Unit (SHU) for inmates requiring special supervision. The SHU consists of four
cell block ranges: the 500, 600, 700 and 800 ranges, totaling 130 double occupancy
individual inmate cells.
4.
Correctional Officers assigned to the Flight Line Unit SHU are required to
conduct and document random (irregular) 30-minute checks of each inmate cell.
5.
Correctional Officers assigned to the Flight Line Unit SHU are also required
to conduct and document formal counts of inmates, said counts conducted at specific times
of the day, evening and morning watches. There are six formal counts during each
24-hour period: 12:01 a.m., 3:00 a.m., 5:00 a.m., 10:00 a.m., 4:00 p.m. and 10:00 p.m.
The 4:00 p.m. count is a mandatory stand-up count.
6.
On or about August 22, 2012, and continuing to on or about August 23, 2012,
defendants Frederick Hernandez (Hernandez), Joe Rosas (Rosas), and Christopher
Moore (Moore) were Correctional Officers assigned to the Flight Line Unit SHU from
8:00 p.m., on August 22, 2012, until 8:00 a.m., on August 23, 2012. Hernandez was the
supervising officer overseeing the Flight Line Unit SHU for this Shift (hereinafter referred
to as the August 22 - August 23 Shift).
7.
Hernandez, Rosas and Moore were responsible for conducting the
30-minute checks and formal counts of inmates in the Flight Line Unit SHU, 500, 600, 700
and 800 ranges, during the August 22 - August 23 Shift.
8.
During the August 22 - August 23 Shift, BOP inmate Luis Bent was confined
to cell number 502, Range 500, in the Flight Line Unit SHU.
Indictment (Frederick Hernandez, Joey Rosas, and Christopher Moore) - Page 2
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Count One
False Statements and Aiding and Abetting
(Violation of 18 U.S.C. §§ 1001 and 2)
1.
The Grand Jury realleges all of the allegations contained in the Introduction
of this indictment.
2.
Beginning on or about August 22, 2012, and continuing to on or about
August 23, 2012, in the Abilene Division of the Northern District of Texas, in a matter
within the jurisdiction of an agency of the United States, the United States Department of
Justice, defendants Frederick Hernandez (Hernandez), Joey Rosa (Rosas), and
Christopher Moore (Moore), each being a being public official, that is, a Correctional
Officer, assigned to the Flight Line Unit in the Special Housing Unit (SHU) at the Big
Spring Correctional Center (BSCC), a correctional facility under contract with the GEO
Group, Inc., under the jurisdiction of an agency of the United States, the United States
Department of Justice, did knowingly and willfully make, and cause to be made, false,
fictitious, and fraudulent statements and representations to the Department of Justice as to
material facts, by signing and submitting to the Department of Justice, as required by law,
the "GEO FLIGHTLINE 12 FLOUR SHIFT, 30 MINUTE ROUNDS, 600/700 RANGE"
Form, for the time period 8:00 p.m. to 8:00 a.m., wherein Hernandez, Rosas, and Moore,
each certified by placing his initials on the Form that it was true and correct, and that the 30
MINUTE ROUNDS reflected therein had been performed, when in truth and in fact, as
Hernandez, Rosas, and Moore, then and there well knew, the Form was not correct and
was false in that Hernandez, Rosa, and Moore, had not conducted the 30 MINUTE
Indictment (Frederick Hernandez, Joey Rosa; and Christopher Moore) - Page 3
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ROUNDS.
A violation of Title 18, United States Code, Sections 1001 and 2.
Indictment (Frederich Hernandez, Joey Rasps, and Christopher Moore) - Page 4
EFTA00027139
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Count Two
False Statements and Aiding and Abetting
(Violation of Title 18 U.S.C. §§ 1001 and 2)
1.
The Grand Jury realleges all of the allegations contained in the Introduction
of this indictment.
2.
Beginning on or about August 22, 2012, and continuing to on or about
August 23, 2012, in the Abilene Division of the Northern District of Texas, in a matter
within the jurisdiction of an agency of the United States, the United States Department of
Justice, defendants Frederick Hernandez (Hernandez) and Joey Rosas (Rosas), each
being a being public official, that is, a Correctional Officer, assigned to the Flight Line Unit
in the Special Housing Unit (SHU) at the Big Spring Correctional Center (BSCC), a
correctional facility under contract with the GEO Group, Inc., under the jurisdiction of an
agency of the United States, the United States Department of Justice, did knowingly and
willfully make, and cause to be made, false, fictitious, and fraudulent statements and
representations to the Department of Justice as to material facts, by signing and submitting
to the Department of Justice, as required by law, the "GEO FL1GHTLINE 12 HOUR
SHIFT, 30 MINUTE ROUNDS, 600/700 RANGE" Form, for the time period 8:01 p.m. to
12:20 a.m., wherein Hernandez and Rosas each certified by placing his initials on the
Form that it was true and correct, and that the 30 MINUTE ROUNDS reflected therein had
been performed, when in truth and in fact, as Hernandez and Rosas then and there well
knew, the Form was not correct and was false in that Hernandez and Rosas had not
Indictment (Frederick tiemandez, Joey Rosas, and Christopher Moore) - Page 5
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conducted the 30 MINUTE ROUNDS.
A violation of Title 18, United States Code, Sections 1001 and 2.
Indictment (Frederick Hernandez, Joey Roses, and Christopher Moore) - Page 6
EFTA00027141
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Count Three
False Statements and Aiding and Abetting
(Violation of Title 18 U.S.C. §§ 1001 and 2)
1.
The Grand Jury realleges all of the allegations contained in the Introduction
of this indictment.
2.
Beginning on or about August 22, 2012, and continuing to on or about
August 23, 2012, in the Abilene Division of the Northern District of Texas, in a matter
within the jurisdiction of an agency of the United States, the United States Department of
Justice, defendants Frederick Hernandez (Hernandez) and Christopher Moore
(Moore), each being a being public official, that is, a Correctional Officer, assigned to the
Flight Line Unit in the Special Housing Unit (SHU) at the Big Spring Correctional Center
(BSCC), a correctional facility under contract with the GEO Group, Inc., under the
jurisdiction of an agency of the United States, the United States Department of Justice, did
knowingly and willfully make, and cause to be made, false, fictitious, and fraudulent
statements and representations to the Department of Justice as to material facts, by signing
and submitting to the Department of Justice, as required by law, the "GEO FLIGHTLINE
12 HOUR SHIFT, 30 MINUTE ROUNDS, 600/700 RANGE" Form, for the time period
12:37 a.m. to 4:55 a.m., wherein Hernandez and Moore each certified by placing his
initials on the Form that it was true and correct, and that the 30 MINUTE ROUNDS
reflected therein had been performed, when in truth and in fact, as Hernandez and Moore
then and there well knew, the Form was not correct and was false in that Hernandez and
Moore had not conducted the 30 MINUTE ROUNDS.
Indictment (Frederick Hernandez, Joey Rosas, and Christopher Moore) - Page 7
EFTA00027142
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A violation of Title 18, United States Code, Sections 1001 and 2.
Indictment (Frederick Hernandez, Joey Rosa; and Christopher Moore). Page 8
EFTA00027143
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Count Four
False Statements and Aiding and Abetting
(Violation of Title 18 U.S.C. §§ 1001 and 2)
1.
The Grand Jury realleges all of the allegations contained in the Introduction
of this indictment.
2.
Beginning on or about August 22, 2012, and continuing to on or about
August 23, 2012, in the Abilene Division of the Northern District of Texas, in a matter
within the jurisdiction of an agency of the United States, the United States Department of
Justice, defendant Frederick Hernandez (Hernandez), being a being public official, that
is, a Correctional Officer, and during the time period, being the Senior Shift
Officer-in-Charge, assigned to the Flight Line Unit in the Special Housing Unit (SHU) at
the Big Spring Correctional Center (BSCC), a correctional facility under contract with the
GEO Group, Inc., under the jurisdiction of an agency of the United States, the United
States Department of Justice, did knowingly and willfully make, and cause to be made,
false, fictitious, and fraudulent statements and representations to the Department of Justice
as to material facts, by signing and submitting to the Department of Justice, as required by
law, the "GEO GROUP, INC., OFFICIAL COUNT SLIP" Form, for the formal count of
inmates at 12:01 a.m., wherein Hernandez certified by placing his initials on the Form that
it was true and correct, and that the formal count of inmates reflected therein had been
performed, when in truth and in fact, as Hernandez then and there well knew, the Form
was not correct and was false in that Hernandez had not conducted the formal count of
inmates.
Indictment (Frederick Hernandez. Joey Roses, and Christopher Moon) - Page 9
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A violation of Title 18, United States Code, Sections 1001 and 2.
Indictment (Frederick Hernandez, Joey Routs, and Christopher Moore). Page 10
EFTA00027145
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Count Five
False Statements and Aiding and Abetting
(Violation of Title 18 U.S.C. §§ 1001 and 2)
1.
The Grand Jury realleges all of the allegations contained in the Introduction
of this indictment.
2.
Beginning on or about August 22, 2012, and continuing to on or about
August 23, 2012, in the Abilene Division of the Northern District of Texas, in a matter
within the jurisdiction of an agency of the United States, the United States Department of
Justice, defendant Frederick Hernandez (Hernandez), being a being public official, that
is, a Correctional Officer, and during the time period, being the Senior Shift
Officer-in-Charge, assigned to the Flight Line Unit in the Special Housing Unit (SHU) at
the Big Spring Correctional Center (BSCC), a correctional facility under contract with the
GEO Group, Inc., under the jurisdiction of an agency of the United States, the United
States Department of Justice, did knowingly and willfully make, and cause to be made,
false, fictitious, and fraudulent statements and representations to the Department of Justice
as to material facts, by signing and submitting to the Department of Justice, as required by
law, the "GEO GROUP, INC., OFFICIAL COUNT SLIP" Form, for the formal count of
inmates at 3:00 a.m., wherein Hernandez certified by placing his initials on the Form that
it was true and correct, and that the formal count of inmates reflected therein had been
performed, when in truth and in fact, as Hernandez then and there well knew, the Form
was not correct and was false in that Hernandez had not conducted the formal count of
inmates.
Indictment (Frederick Hernandez, Joey Row, and Christopher Moore) - Page I I
EFTA00027146
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A violation of Title 18, United States Code, Sections 1001 and 2.
Indictment (Frederick Hernandez, Joey Rosas, and Christopher Moore) - Page 12
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Count Six
False Statements and Aiding and Abetting
(Violation of Title 18 U.S.C. §§ 1001 and 2)
I.
The Grand Jury realleges all of the allegations contained in the Introduction
of this indictment.
2.
Beginning on or about August 22, 2012, and continuing to on or about
August 23, 2012, in the Abilene Division of the Northern District of Texas, in a matter
within the jurisdiction of an agency of the United States, the United States Department of
Justice, defendant Frederick Hernandez (Hernandez), being a being public official, that
is, a Correctional Officer, and during the time period, being the Senior Shift
Officer-in-Charge, assigned to the Flight Line Unit in the Special Housing Unit (SHU) at
the Big Spring Correctional Center (BSCC), a correctional facility under contract with the
GEO Group, Inc., under the jurisdiction of an agency of the United States, the United
States Department of Justice, did knowingly and willfully make, and cause to be made,
false, fictitious, and fraudulent statements and representations to the Department of Justice
as to material facts, by signing and submitting to the Department of Justice, as required by
law, the "GEO GROUP, INC., OFFICIAL COUNT SLIP" Form, for the formal count of
inmates at 5:00 a.m., wherein Hernandez certified by placing his initials on the Form that
it was true and correct, and that the formal count of inmates reflected therein had been
performed, when in truth and in fact, as Hernandez then and there well knew, the Form
was not correct and was false in that Hernandez had not conducted the formal count of
inmates.
Indictment (Frederick Hernandez, Joey Rotas, and Christopher Moon) - Page 13
EFTA00027148
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A violation of Title 18, United States Code, Sections 1001 and 2.
Indictment (FrederkA Hernandez, Joey Hawn, and ChrLstopher Moore) - I'uge 14
EFTA00027149
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Count Seven
False Statements and Aiding and Abetting
(Violation of Title 18 U.S.C. §§ 1001 and 2)
1.
The Grand Jury realleges all of the allegations contained in the Introduction
of this indictment.
2.
Beginning on or about August 22, 2012, and continuing to on or about
August 23, 2012, in the Abilene Division of the Northern District of Texas, in a matter
within the jurisdiction of an agency of the United States, the United States Department of
Justice, defendant Frederick Hernandez (Hernandez), being a being public official, that
is, a Correctional Officer, and during the time period, being the Senior Shift
Officer-in-Charge, assigned to the Flight Line Unit in the Special Housing Unit (SHU) at
the Big Spring Correctional Center (BSCC), a correctional facility under contract with the
GEO Group, Inc., under the jurisdiction of an agency of the United States, the United
States Department of Justice, did knowingly and willfully make, and cause to be made,
false, fictitious, and fraudulent statements and representations to the Department of Justice
as to material facts, by signing and submitting to the Department of Justice, as required by
law, the "SHU Control Log" Form, for the time period 12:01 a.m. to 5:10 a.m., wherein
Hernandez certified by placing his initials on the Log that it was true and correct, and that
the SHU Control Log reflected therein that the formal counts of inmates had been
performed, when in truth and in fact, as Hernandez then and there well knew, the Log was
not correct and was false in that Hernandez had not conducted the formal counts of
inmates.
Indictment (Frederick Hernandez, Joey Rosin, and Christopher Moore) - Page 15
EFTA00027150
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A violation of Title 18, United States Code, Sections 1001 and 2.
A TRUE BILL
FOREPERSON
PAULINA M. JAC
O
Assistant United St
s Attorney
Texas State Bar No. 10516700
1205 Texas Avenue, Suite 700
Lubbock, Texas 79401
Telephone: 806-472-7351
Facsimile:
806-472-7394
Email:
[email protected]
Indictment (Frederick Hernandez, Joey Roses, and Christopher Moore) - Page 16
EFTA00027151
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v.
FREDERICK HERNANDEZ (1)
JOEY ROSAS (2)
CHRISTOPHER MOORE (3)
INDICTMENT
18 U.S.C. §§ 1001 and 2
False Statements and Aiding and Abetting
(7 COUNTS)
A true bill rendered:
Lubbock
z./
Filed in open court this
d liCclay of March, A.D. 2014.
Foreperson
Clerk
EFTA00027152