Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 1 of 17 PagelD 1 CLERK US DISTRICT COURT NORTHERN DIST. OF TX FILED IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS 201411AR 12 PH 1:45 ABILENE DIVISION DEPUTY CLEF:X4,2 UNITED STATES OF AMERICA v. No. 1-• 14CR- 01.8- FREDERICK HERNANDEZ (1) JOEY ROSAS (2) CHRISTOPHER MOORE (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 EFTA00027136

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 2 of 17 PagelD 2 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 EFTA00027137

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 3 of 17 PagelD 3 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 EFTA00027138

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 4 of 17 PagelD 4 ROUNDS. A violation of Title 18, United States Code, Sections 1001 and 2. Indictment (Frederich Hernandez, Joey Rasps, and Christopher Moore) - Page 4 EFTA00027139

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 5 of 17 PagelD 5 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 EFTA00027140

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 6 of 17 PagelD 6 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

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 7 of 17 PagelD 7 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

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 8 of 17 PagelD 8 A violation of Title 18, United States Code, Sections 1001 and 2. Indictment (Frederick Hernandez, Joey Rosa; and Christopher Moore). Page 8 EFTA00027143

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 9 of 17 PagelD 9 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 EFTA00027144

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 10 of 17 PagelD 10 A violation of Title 18, United States Code, Sections 1001 and 2. Indictment (Frederick Hernandez, Joey Routs, and Christopher Moore). Page 10 EFTA00027145

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 11 of 17 PagelD 11 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

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 12 of 17 PagelD 12 A violation of Title 18, United States Code, Sections 1001 and 2. Indictment (Frederick Hernandez, Joey Rosas, and Christopher Moore) - Page 12 EFTA00027147

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 13 of 17 PagelD 13 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

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 14 of 17 PagelD 14 A violation of Title 18, United States Code, Sections 1001 and 2. Indictment (FrederkA Hernandez, Joey Hawn, and ChrLstopher Moore) - I'uge 14 EFTA00027149

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 15 of 17 PagelD 15 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

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 16 of 17 PagelD 16 A violation of Title 18, United States Code, Sections 1001 and 2. A TRUE BILL FOREPERSON SARAH R. SALDAFIA UNIT D STATES ATTORNEY 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

Case 1:14-cr-00018-O-BL Document 1 Filed 03/12/14 Page 17 of 17 PagelD 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS ABILENE DIVISION THE UNITED STATES OF AMERICA 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 WARRANT TO ISSUE AS TO EACH DEFENDANT EFTA00027152