of the ?niteh ?tatea
E301 20515

October 19, 2018

The Honorable Michael E. Horowitz
Inspector General

US. Department of Justice

950 Avenue, NW.
Washington, DC 20530-0001

Dear Mr. Horowitz:

We write to ask you to investigate whether there have been any potential violations of the
Federal Bureau of Prisons? (BOP) ?Standards of Employee Conduct? as they relate to former-
Assistant Director of the Correctional Programs Division Frank Lara. Lara led an effort within
BOP to reverse the previous administration?s efforts to end the use of private prisons, and to
instead increase the use of private contract facilities. He then left the agency to work at a major
private prison company, GEO Group, as director of operations. This quick turnaround may
violate post?employment restrictions on federal employees.

In August 2016, then-Deputy Attorney General Sally Yates issued a memorandum that outlined
the Department of Justice?s (DOJ) efforts to signi?cantly reduce, and ultimately end, the use of
privately-operated prisons.l Earlier that year, your of?ce issued a report on the use of private
prisons ?nding that ?contract prisons incurred more safety and security incidents per capita than
comparable BOP institutions.?2 These private prisons are operated by three private corporations:
Corrections Corporation of America; GEO Group, Inc.; and Management and Training
Corporation.

As part of the previous administration?s effort, the DOJ in July 2016 ?declined to renew a
contract for approximately 1,200 beds,? and amended ?an existing contract solicitation to reduce
an upcoming contract award from a maximum of 10,800 beds to a maximum of 3,600.? These
actions would have ended the need for three or more private prisons, reducing the total private
prison population to less than 14,200 incarcerated people by May 2017.

In February 2017, the Trump Administration reversed course when Attorney General Jeff
Sessions rescinded the Yates directive.3 In January 2018, Lara issued a memo titled ?Increasing
Population Levels in Private Contract Facilities? to all BOP chief executive officers, which
sought to re-designate federally incarcerated people to private prisons if they meet certain
criteria."1 This memo came after a conference call in which BOP facility administrators were
instructed ?to prepare for a 12 percent to 14 percent reduction in their authorized staf?ng levels.?

 

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The reduction was a result of President Trump?s ?scal year 2018 budget, which proposed a cut
of about 6,000 BOP positions, more than 1,800 of which were correctional of?cers.

In August 2018, after Lara led the effort to identify federally incarcerated people for transfer to
private prisons, he left his position to work for GEO Group, Inc., which received a $147 million
award from BOP in ?scal year 2018. And the one private prison speci?cally mentioned in
Lara?s January 2018 memo? Rivers Correctional Institution in Winton, North Carolina??is
owned and operated by GEO Group. GEO Group, Inc. also reported spending approximately
$3.3 million on government relations professionals for direct lobbying in 2016.

Lara?s new role at GEO Group, Inc. unquestionably raises signi?cant con?ict of interest
concerns. However, given the lack of transparency surrounding Lara?s duties as the Director of
Operations at GEO Group, Inc., it is impossible to determine whether this con?ict of interest
may violate Standards of Employee Conduct for post-employment activity without
further inquiry. These standards include a two-year prohibition on any former BOP employee
?acting as a representative on a particular matter for which the employee had official
responsibility,? which applies ?if the former employee knew, or reasonably should have known,
that the matter was pending under his/her official responsibility during his/her last year of
Government service.?

Though this may just be another disturbing incident of the revolving door between former BOP
of?cials and private prison corporations, Lara?s work on expanding use of private
prisons, including facilities owned and operated by his new employer, raises unique questions.
We ask that you investigate this matter, and we look forward to your prompt response.

 

 

 

 

 

 

Sincerely,
BRIAN SCI-IATZ y?diOLD NADLER
United States Senator JEember of Congress
KIRSTEN GILLIBRAND SHEILA -
United States Senator Member of Congre?s}
ALA D. HARRIS PATTWURRAY

United States Senator United States Senatorcr

Awe/?/

RON 
United States Senator

SANDERS
United States Senator

MM

TAMMY CKWORTH
United Sta es

 

    
  



CHRIS VAN HOLLEN
United States Senator

7 

BALDWIN
United States Senator

30am;

BENJAMIN L. CARDIN
United States Senator

 

 

cc: The Honorable J. Rod Rosenstein
Deputy Attorney General
US. Department of Justice

Hugh J. Hurwitz
Acting Director
Federal Bureau of Prisons

 

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JEFFREY A MERKLEY
United States Senator

CORY A. BOOKER
United States Senator

 

ROBERT MENENDEZ 

Unite States Senator

CATHERINE MASTO
United States Senator

09154.. 

ROBERT P. CASEY, JR. 
United States Senator

5km 
RICHARD J. DITRBIN
United States Senator