Justice Department’s 10th Distribution Brings Total Provided to Over $4.3B in Nearly Full Recovery to Over 40,000 Victims in Madoff Ponzi Scheme

 

Distribution of Over $131M Brings Madoff Victim Recovery to Nearly 94% of Fraud Losses

The Justice Department announced today that the Madoff Victim Fund (MVF) began its 10th and final distribution of over $131.4 million to victims of the Bernard L. Madoff fraud scheme. These funds were forfeited by the U.S. government in connection with the Bernard L. Madoff Investment Securities LLC (BLMIS) fraud scheme.

In this distribution, payments will be sent to more than 23,000 victims across the globe. With this 10th distribution, over 40,000 victims in the Madoff scheme will have recovered 93.71% of their fraud losses. Most of these victims were small investors who lost less than $500,000 in the fraud. Through its 10 distributions, MVF has paid over $4.3 billion from forfeited funds to 40,930 victims in 127 countries for losses they suffered from the collapse of BLMIS.

“The Criminal Division, through its Money Laundering and Asset Recovery Section (MLARS), is proud to administer the department’s remission program to compensate victims using forfeited assets,” said Principal Deputy Assistant Attorney General Brent S. Wible, head of the Justice Department’s Criminal Division. “The unprecedented scope and complexity of the Madoff remission process shows the power of forfeiture to recover assets and to compensate victims — a primary goal of the department’s Asset Forfeiture Program. This 10th and final distribution, led by MLARS’ dedicated victim compensation team, achieves the department’s goal of compensating victims by returning over $4 billion in forfeited assets to more than 40,000 victims of Madoff’s crimes and achieving nearly full recovery for these victims.”

“This office has never stopped at pursuing justice for victims of history’s largest Ponzi scheme,” said Acting U.S. Attorney Edward Y. Kim for the Southern District of New York. “With this 10th and final distribution, we have succeeded in compensating 40,930 victims with close to 94% of their losses. As this extraordinary effort demonstrates, this office and MLARS are committed to protecting and assisting victims of crime, no matter how long it takes and no matter how complicated the endeavor.”

“Today’s distribution represents an unprecedented conclusion of victim compensation from civil forfeiture actions related to the Madoff scheme with more than $4 billion repaid to over 40,000 victims,” said Assistant Director in Charge James E. Dennehy of the FBI New York Field Office. “These victims implicitly trusted Madoff with their investments only to ultimately lose significant monies to his selfish plan. With the Justice Department’s steadfast support, the FBI will continue its tireless seizure of assets from criminals who steal from others and seek to recover those assets for victim losses.” 

This 10th and final distribution represents the culmination of a decade of work identifying thousands of victims around the world and unwinding layers of complex financial transactions to provide compensation to eligible victims.

According to court documents and information presented in related proceedings, for decades, Bernard L. Madoff used his position as chairman of BLMIS, the investment advisory business he founded in 1960, to steal billions from his clients. On March 12, 2009, Madoff pleaded guilty to 11 federal felonies, admitting that he had turned his wealth management business into the world’s largest Ponzi scheme, benefitting himself, his family, and select members of his inner circle.

On June 29, 2009, Madoff was sentenced to 150 years in prison for running the largest fraudulent scheme in history. Of the over $4 billion that has been made available to victims, approximately $2.2 billion was collected as part of the historic civil forfeiture recovery from the estate of deceased Madoff investor Jeffry Picower. An additional $1.7 billion was collected as part of a deferred prosecution agreement with JPMorgan Chase Bank N.A. and civilly forfeited in a parallel action. The remaining funds were collected through a civil forfeiture action against investor Carl Shapiro and his family and from civil and criminal forfeiture actions against Bernard L. Madoff, Peter B. Madoff, and their co-conspirators.

Compensation from the MVF is possible due to the extraordinary efforts of MLARS, which administers the forfeiture victim compensation program; the U.S. Attorney’s Office for the Southern District of New York; and the FBI, which led the prosecution of Madoff’s crimes and the recovery of assets supporting the forfeiture in this case.

The MVF is overseen by Richard Breeden, former Chairman of the U.S. Securities and Exchange Commission, who serves as Special Master appointed by the Justice Department to assist in connection with the victim remission proceedings. Mr. Breeden and his team at MVF have been essential in working with the department to evaluate over 66,000 remission petitions involving billions in cash flows, and to compute each victim’s fraud losses to enable payments to be made.

More information about MVF and its compensation to victims of BLMIS is available at www.madoffvictimfund.com, such as eligibility criteria, process updates, and frequently asked questions. Further questions may be directed to the MVF at 866-624-3670 or info@madoffvictimfund.com.

Returning assets to victims of crime is a primary goal of the department’s Asset Forfeiture Program. Since 2000, the victim compensation program has returned more than $12 billion in forfeited assets to victims. MLARS, through its Program Management and Training Unit, coordinates with U.S. Attorneys’ Offices, federal law enforcement and regulatory agencies, and private parties to ensure consistent and efficient return of forfeited assets to victims.

BRONX MAN SENTENCED TO 18 YEARS IN PRISON FOR STRANGLING WOMAN IN MENTAL HEALTH FACILITY

 

Defendant Was in Relationship With Victim

Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 18 years in prison after pleading guilty to Manslaughter after he strangled his girlfriend who was visiting him at a mental health facility where he resided. 

District Attorney Clark said, “The defendant strangled the victim in his room and fled. He left her lifeless body in his bed for days until staff found her during a wellness check.” 

The defendant, Waheed Foster, 44, was sentenced on December 19, 2024, to 18 years in prison and five years post-release supervision after pleading guilty to first-degree Manslaughter and third-degree Assault by Bronx Supreme Court Justice Audrey Stone on October 2, 2024. The sentence will run consecutively to a 22-year sentence the defendant received for a case in Queens.

According to the investigation, the victim, Jessica Miller, 41, was in a relationship with the defendant and went to his home at a mental health facility in the Bronx. On August 4, 2022, at 3:35 p.m., the defendant entered the building with Jessica Miller, 41, signed in at the front desk, and went to his room. Later that evening Foster left the building and never returned. On August 6, 2022, an employee conducted a wellness check at Foster’s room. Upon entering, they discovered Miller’s body. The defendant was later indicted in November after the results of a report by the Office of Chief Medical Examiner. Foster was already in custody for a case in Queens which occurred before a final determination of death was determined.

An indictment is an accusatory instrument and not proof of a defendant’s guilt. 

Governor Hochul Announces Enhanced Security Measures and Urges Public Safety Ahead of New Year’s Holiday

State Agency Staffing Increased and Security Augmented at Airports, Bridges, Tunnels and Mass Transit Systems as Precautionary Measure

Agencies Include State Police, New York National Guard, Division of Homeland Security and Emergency Services, Metropolitan Transportation Authority and Port Authority of New York and New Jersey

Governor Kathy Hochul today announced enhanced security measures being taken this week by state agencies ahead of New Year's Eve. Agencies including the Division of State Police, New York National Guard, Division of Homeland Security and Emergency Services, Metropolitan Transportation Authority and Port Authority of New York and New Jersey will have increased staffing through the holiday, and security will be augmented at airports, bridges, tunnels and mass transit systems as a precautionary measure to help keep New Yorkers safe. Governor Hochul urges New Yorkers to be safe and be aware of their surroundings when attending public events to celebrate the new year.

“As we gather in New York City to celebrate the start of a new year, I’ve directed our State agencies to take all necessary steps to ensure that New Yorkers and visitors can celebrate safely and peacefully,” Governor Hochul said. “Public safety is my top priority, and I am committed to using every tool at our disposal to keep you safe.”

New York State Agency Activities

New York State Police

New York State Police will be at maximum staffing through the New Year’s holiday and there will be an increased presence of Troopers at critical infrastructure and transportation facilities statewide. State Police will monitor all mass gatherings and share intelligence with other law enforcement agencies to keep New Yorkers safe. Troopers will also be highly visible on interstates and state highways as part of a dedicated holiday traffic enforcement initiative targeting aggressive and impaired drivers.

National Guard

Troops from Joint Task Force Empire Shield, the New York National Guard security force in New York City, were on duty over New Year’s weekend supplementing law enforcement at rail and bus transportation sites, and at LaGuardia and JFK airports and the New York Police Department. The 24th Weapons of Mass Destruction — Civil Support Team, based at Fort Hamilton is on standby for New Year’s Eve near Times Square in New York City. Soldiers and Airmen are trained to identify chemical, biological and explosive materials, and to assist civilian first responders.

New York State Division of Homeland Security and Emergency Services

The New York State Division of Homeland Security and Emergency Services is in contact with public safety officials in New York City including the NYPD, Port Authority and the Metropolitan Transportation Authority.

This year, the State Office of Counter Terrorism (OCT) conducted Red Team exercises at more than 900 locations in each of the State’s 16 Counter Terrorism Zones. Separately, OCT trained an additional 1,400 New Yorkers through approximately 50 terrorism awareness presentations across New York. Law enforcement teams and OCT staff also completed 66 NY-SECURE rail counter terrorism details to remind travelers of the importance of using the ‘See Something, Say Something’ app and hotline to report suspicious activity. Teams also assessed more than 200 infrastructure locations across the State, including stadiums and arenas, malls and shopping centers, colleges and universities, airports, transit hubs and other mass-gathering locations. 58 percent of the locations were new and not visited in previous years, this was an 18 percent increase from 2023. OCT’s Cyber Incident Response Team also provided cyber threat briefings to over 2,600 state and local government stakeholders to ensure awareness and preparedness.

Port Authority of New York and New Jersey

The Port Authority continues to work closely with our local, state, and federal partners to enhance protective counter measures around large public events to ensure the safety and security of the traveling public. This includes but is not limited to additional police and civilian security staffing at all our facilities. Safeguarding the public and our employees is the absolute highest priority for the Port Authority.

Metropolitan Transportation Authority

The Metropolitan Transportation Authority MTA has increased patrols and surveillance to provide heightened protection at major rail hubs. The MTA Police Department has stepped up its uniformed and plainclothes presence in Penn Station and Grand Central Terminal as well as other major stations throughout the Metro-North Railroad and Long Island Rail Road network. Police canine teams and special purpose units will provide added protection. Railroad customers will also see increased train patrols, as well as random bag checks at various locations. The MTA Police Department, NYPD and MTA Bridges and Tunnels Officers share intelligence information and coordinate their threat response providing a seamless protection throughout the region. Together with the NYPD, the MTA closely monitors large public events to provide security to our customers, employees and facilities.

“If You See Something, Say Something”

New Yorkers are reminded to stay alert to their surroundings and to report any suspicious activity. Reports can be made to the New York State Terrorism Tips Line at 1-866-SAFENYS (1-866-723-3697) . New Yorkers can also download the See Something, Say Something smartphone app on the Safeguard New York webpage.

Sparkler Safety

Governor Hochul also urged New Yorkers to practice safety when engaging in celebrations, including using sparklers that can cause dangerous fires and injuries when not used properly. The State Office of Fire Prevention and Control (OFPC) states that sparkling devices are ground-based or handheld sparking devices that produce a shower of colored sparks or colored flame, crackling or whistling noise and smoke – they do not launch into the air. Users must be 18 years or older to use sparkling devices. The following fireworks are illegal statewide: firecrackers, bottle rockets, roman candles, spinners and aerial devices.

Sales of sparkling devices by certified permanent and specialty retailers can only take place during the year from June 1 to July 5 and December 26 to January 2. Sales of sparkling devices by certified temporary stands or tents can only occur from June 20 to July 5 and December 26 to January 2. A list of registered sparkling device vendors appears here. The list of counties that prohibit the sale and possession of sparkling devices is ever changing. To ensure compliance, please check with your local county sheriff’s office. Learn more about sparkling devices here.

Sparkler Safety Tips

• Children and sparklers are a dangerous combination. Never allow young children to play with or ignite sparklers. Sparklers burn at temperatures of about 2,000 degrees Fahrenheit. This is hot enough to melt some metals.
• Never throw or point sparkling devices toward people, animals, vehicles, structures, or flammable materials. Always follow packaging instructions.
• Keep a water supply or an approved fire extinguisher nearby.
• Only light one sparkling device at a time and never attempt to relight “a dud.”
• Always use sparkling devices outdoors. Never light sparklers inside.
• Store sparkling devices in a cool, dry place away from children and pets.
• If you are impaired by alcohol, do not use sparkling devices.
• Always wear eye protection when using sparkling devices.

The New York State Office of Fire Prevention and Control also encourages parents and guardians to provide children and teens with non-flammable alternatives to sparkling devices, which can be easily found at most retail stores, such as glow sticks, pipe cleaner “sparklers,” fairy lights and LED Items.

 

Attorney General James Urges Supreme Court to Uphold States’ Authority to Redraw Congressional Maps

 

New York Attorney General Letitia James co-led a coalition of 20 attorneys general in urging the U.S. Supreme Court to reaffirm that states have the constitutional right to redraw legislative maps in response to likely violations of the Voting Rights Act (VRA). In an amicus brief filed in Louisiana v. Callais, the coalition supports Louisiana’s right to enact a congressional map that includes two majority-Black districts after an earlier map was found to have violated the VRA. The attorneys general argue that the constitution gives state legislatures ample “breathing room” to enact legislative maps that address likely VRA violations.

“Voters should be empowered to pick their representatives, not the other way around,” said Attorney General James. “State legislatures have a constitutional right to redraw district maps when they are found to violate the Voting Rights Act and fail to fairly represent their communities. My office is co-leading this amicus brief to ensure that voters are always accurately and fairly represented at all levels of government.”

In 2022, a federal court in the Middle District of Louisiana found that the state’s congressional map likely diluted the votes of Black residents and thus violated Section 2 of the VRA. In response, to comply with the VRA, the Louisiana legislature enacted a new map in 2024 that added a second majority-Black district. Later, a different group of self-identified “non-African American voters” sued the state in the Western District of Louisiana, arguing that the 2024 remedial map with a second majority-Black district was an unconstitutional racial gerrymander in violation of the Equal Protection Clause. Despite U.S. Supreme Court precedent allowing states to redistrict when there is a “good reason” to believe they must do so to comply with the VRA, the three-judge court in the Western District of Louisiana barred the state from using the 2024 VRA-compliant map, trapping Louisiana between competing court orders and undermining the state’s ability to craft legislative districts that comply with federal voting rights law. The U.S. Supreme Court agreed to decide whether the Western District of Louisiana’s constitutional ruling was correct.

The brief explains that the finding by a federal court that Louisiana’s existing map likely violated the VRA provided the state with a good reason to believe that its addition of a second majority-Black district was required to comply with the federal voting rights statute and thus did not violate the constitution. The brief also urges the Court to reject the arguments in an amicus brief filed by Alabama and 12 other states seeking to overturn long-standing interpretations of Section 2 of the VRA. Not only would it be inappropriate to address Alabama’s arguments in this case, but accepting those arguments would undermine states’ decades-long reliance on the Supreme Court’s settled interpretation of Section 2.

Joining Attorney General James in filing this amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.

News, updates and more from NYC Council Member Rafael Salamanca, Jr.

THE WEEK IN REVIEW

MERRY CHRISTMAS!

 From my family to yours, we wish you a Merry Christmas! 

May your holiday season be merry and bright.

HAPPY HANUKKAH!

 

I would like to wish the Jewish community a very happy Hanukkah as you begin your celebrations!

May these eight days be filled with peace, love, and joy 

Visit our District Office at: 
1070 Southern Boulevard
Bronx, New York 10459
(718) 402-6130
salamanca@council.nyc.gov

Permits Filed for 3743 White Plains Road in Williamsbridge, The Bronx

Permits have been filed for an eight-story residential building at 3743 White Plains Road in Williamsbridge, The Bronx. Located between East 216th Street and East 219th Street, the lot is steps from the 219th Street subway station, served by the 2 and 5 trains. Shimon Greenfeld of SCG Capital LLC is listed as the owner behind the applications.

The proposed 75-foot-tall development will yield 54,908 square feet designated for residential space. The building will have 78 residences, most likely rentals based on the average unit scope of 703 square feet. The concrete-based structure will also have a 53-foot-long rear yard.

Nikolai Katz Architect is listed as the architect of record.

Demolition permits will likely not be needed as the lot is vacant. An estimated completion date has not been announced.

Governor Hochul Highlights 2025 Winter Events Schedule at Olympic Regional Development Authority Venues

World Championships and World Cups in Three Different Sports in 2025 Winter Schedule

Lake Placid Celebrates 45th Anniversary of Lake Placid 1980 Olympic Winter Games

Lake Placid – New York State Is in Targeted Dialogue as the Plan B Back-Up Location For 2026 Milano Cortina Winter Olympic Games’ Sliding Events

Follows State Investment To Upgrade Olympic Regional Development Authority Facilities

Lake Placid – Home of the 1932 and 1980 Winter Olympic Games – Continues To Attract World's Best Athletes to New York State

Olympic Authority's ‘Buffalo Bobsled’ Experience on December 29 To Highlight Lake Placid to Buffalo Connection For Upcoming World Sliding Competitions

Governor Kathy Hochul highlighted the New York State Olympic Regional Development Authority 2025 winter events schedule featuring World Cup events in three different sports and the International Bobsled & Skeleton Federation (IBSF) World Championships set for March 2025 showcasing the Olympic legacy that continues in Lake Placid. The announcement follows the recent news that Lake Placid has entered targeted dialogue as the Plan B backup for sliding events for the 2026 Milano Cortina Olympic Winter Games.

“For decades, New York State’s commitment to winter sports has kept the Olympic flame burning bright in Lake Placid,” Governor Hochul said. “This is a testament to the investment in the legacy that we continue to provide Lake Placid.”

The 1980 Winter Olympics took place Feb. 13-24, 1980, and was the second time Lake Placid hosted the Games. The U.S. men’s hockey team’s improbable win over the Russians, known as “Miracle on Ice,” and speed skater Eric Heiden’s five gold medals made the 1980 Games one of the most memorable.

Highlights of the Olympic Authority’s 2025 winter schedule include the return of International Ski and Snowboard Federation (FIS) Aerials World Cup on Jan. 18-19, the FIS Ski Jumping World Cup, which will now include both men's and women's competitions on Feb. 7-9, and the FIS Nordic Jr. World Ski Championships on Feb. 12-16.

The IBSF Bobsled & Skeleton World Championships is the premier event of the bobsled and skeleton season – the Super Bowl of the sport – annually crowning champions and creating career-defining moments for the best sliders in the world. Hosting the event for the 11th time in its storied history, Mt Van Hoevenberg has established a reputation as one of the most technical and iconic tracks in the world. The 2025 World Championships takes on added significance and notoriety as athletes and enthusiasts set their sights on the 2026 Winter Olympic Games.

The Lake Placid – New York State sliding events proposal outlined a solution to host and inspire a new generation in partnership with Milano Cortina 2026, utilizing the State’s historic investments in Olympic Authority facilities and its ongoing legacy of international winter sport, with the fervor of New York City and its Little Italy neighborhood to celebrate the athletes and sport. The distance from New York City to Lake Placid is 290 miles and mirrors Milano Cortina 2026, which will be the first Olympic Winter Games to identify two cities as hosts, with sanctioned events taking place in numerous cities across northern Italy. If activated, Plan B will provide athletes with the best of both experiences – a fair and demanding competition venue, historic Olympic-village, and a New York City fan zone with a celebration center with medal ceremonies.

The Olympic Authority will showcase the “Buffalo Bobsled” in the Billevard Fan Zone outside of Highmark Stadium in Orchard Park prior to kickoff of the Buffalo Bills’ final regular season home game this Sunday, Dec. 29. NBC commentator Cris Collinsworth coined the term “Buffalo Bobsled” during a broadcast last season to describe a short-yardage play where a Bills player pushed quarterback Josh Allen from behind to gain critical yards. The play’s alignment mirrors the start of a bobsled race, where athletes push the sled to build momentum at the top of the track. Visitors to the Billevard can explore this unique bobsled and enjoy a one-of-a-kind photo opportunity.

Fans will also have the chance to enter ticket giveaways, learn about Olympic Winter sports, the historic venues in Lake Placid, and hear about these upcoming events:

• Jan. 1-4: Jr. World Ski Jumping & Nordic Combined Qualifier (Olympic Jumping Complex)
• Jan. 13-19: FIL Continental Cup (Mt Van Hoevenberg)
• Jan. 18-19: Freestyle Aerials World Cup (Olympic Jumping Complex)
• Jan. 23-27: IBSF North American Cup Bobsled & Skeleton (Mt Van Hoevenberg)
• Jan. 30-Feb. 2: Empire State Games (all venues)
• Feb. 7-9: FIS Ski Jumping World Cup (Olympic Jumping Complex)
• Feb. 12-16: FIS Nordic Jr. World Ski Championships (Mt Van Hoevenberg)
• March 21-22: ECAC Men’s Ice Hockey Championship (Olympic Center)
• March 29-30: SuperTour Finals (Mt Van Hoevenberg)

With the ski and snowboard season picking up momentum at Whiteface, Belleayre and Gore Mountains, racers and riders have a full slate of competitive events taking place. With different sized events and levels of competition for a wide variety of age groups, these events create a significant impact for the surrounding communities in the Adirondacks and Catskills and provide guests with the opportunity to spectate while they recreate. All three of the Olympic Authority ski areas will host freeride events, highlighted by the U.S. Ski & Snowboard Holeshot Cross Tour on Feb. 27-March 2 and Masters Nationals March 16-20 at Gore Mountain. The U14 Easterns will be hosted at both Whiteface and Belleayre mountains March 18-21 and Whiteface will also host a number of men's FIS and women’s FIS Eastern Cups, as well as the U16 NYSSRA Championships. Belleayre Mountain celebrates its 75th anniversary this winter season.

The Olympic Center hosts a series of youth and adult hockey tournaments, with almost every weekend filled with hockey action. These tournaments, which typically start on Thursday or Friday and end on Sunday, provide a significant economic boost to the Lake Placid region. In 2023-2024, Can/Am Hockey tournaments brought in approximately 20,000 multi-day visitors, many of whom visited during shoulder seasons.

Governor Hochul has maintained a strong commitment to supporting New York's tourism industry – one of the State's key economic drivers. As part of that commitment, the Governor has supported significant investments in the Olympic Authority facilities to help reposition the State of New York as a global winter sport destination. These investments have supported major sporting events like the 2023 FISU Winter World University Games held in Lake Placid last year. The major transformations and modernizations were executed with a focus on sustainability and financial responsibility.

Though the Olympic Authority’s impact as a major driver of tourism and regional economies has traditionally occurred in winter, the investments made in these venues in recent years have greatly expanded that impact to one that’s year-round. From scenic gondola rides at all three mountains to the Whiteface Veterans’ Memorial Highway to the longest mountain coaster in North America at Mt. Van Hoevenberg to a new rail and zipline attraction being installed at Gore Mountain’s North Creek Ski Bowl, and many other non-winter activities and attractions, Olympic Authority venues are offering a wellspring of adventure throughout the year for all ages and all abilities. More information can be found at www.lakeplacidlegacysites.com.

With the Lake Placid Olympic Museum, the Olympic Authority is planning a number of activities celebrating the 45th anniversary. Recently a flag mural was unveiled at Mt Van Hoevenberg which included 330 drawings from local students transformed into a large flag mural. Activities and events will be released at the beginning of the new year. 

Former Federal Bureau of Prisons Lieutenant Convicted of Violating Inmate’s Civil Rights

 

Daniel Mitchell, a former lieutenant at the Federal Bureau of Prisons (FBOP), pleaded to one charge of conspiring to violate civil rights.

“The defendant’s actions were an unacceptable breach of his responsibilities as a law enforcement officer,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “FBOP officers cannot take the law into their own hands, and the Justice Department will aggressively prosecute federal and local law enforcement officials who use physical force to punish inmates.”

“Corrections Officers work in dangerous environments with limited resources and deserve our respect and gratitude,” said U.S. Attorney Michael F. Easley Jr for the Eastern District of North Carolina. “But officers acting outside the law to injure an inmate erodes the rule of law, violates civil rights and puts other officers’ lives in jeopardy. We won’t tolerate misconduct in our prisons, by inmates or guards, and will take every measure to keep our institutions safe.”

“Rather than following the normal disciplinary process, Mitchell devised a plan to violently retaliate against an inmate,” said Special Agent in Charge Timothy C. Edmiston of the Justice Department Office of the Inspector General (OIG) Mid-Atlantic Region. “This coordinated attack violated the civil rights of a defenseless inmate and broke every tenet that FBOP employees swear an oath to uphold. The Justice Department OIG is committed to protecting the civil rights of inmates and will pursue any DOJ employee who abuses their power.”

According to court documents and other information presented in court, on Dec. 8, 2021, Mitchell was on duty as a lieutenant supervising the special housing unit (SHU) at Federal Correctional Institute Butner Medium II. Victim K.G. was an inmate housed in the SHU under Mitchell’s supervision.

That morning, a female officer reported to Mitchell that she had been doing rounds in the SHU when inmate K.G. exposed himself and engaged in a sexual act within her view. After the female officer left, Mitchell called another corrections officer, co-conspirator 1, into his office to discuss how to handle K.G.’s alleged misconduct. The normal disciplinary process at FBOP involved a formal write-up of the alleged misconduct. Mitchell and co-conspirator 1 decided that the formal disciplinary was not sufficient. Instead, Mitchell directed co-conspirator 1 to take inmate K.G. from his cell to a holding cell to teach him a lesson by “tuning him up.”

After receiving Mitchell’s instructions, co-conspirator 1 asked some fellow officers to help move inmate K.G. to a holding cell. Once they were alone in the cell, co-conspirator 1 struck and kicked inmate K.G. several times, and knocked him to the ground. Other officers intervened and pulled co-conspirator 1 away from K.G. K.G. sustained minor injuries and later called a medical emergency to his room because the incident aggravated a preexisting back condition and caused spasms.      

The Justice Department’s Officer of Inspector General initiated an investigation into the matter after an officer witness raised concerns. In interviews, multiple officer witnesses described officer co-conspirator 1’s unprovoked assault on inmate K.G. Officers also described seeing co-conspirator 1 meet with Mitchell just prior to when co-conspirator 1 asked for their assistance moving inmate K.G. to the holding cell. In later interviews, Mitchell and co-conspirator 1 both described meeting in Mitchell’s office and admitted that they agreed that officer co-conspirator 1 would assault K.G. as punishment.

A sentencing hearing is scheduled for March 31, 2025. Mitchell faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.   

The Justice Department’s Office of the Inspector General investigated the case.