Justice Department Enters Into Settlement Agreement with the State of Kansas to Protect Prisoners at the Topeka Correctional Facility from Sexual Abuse and Misconduct

Today, the Department of Justice Civil Rights Division reached an agreement with the state of Kansas to reform the Kansas State Department of Corrections (KDOC) correctional practices at the Topeka Correctional Facility (TCF) to protect its women prisoners from sexual victimization.  The agreement resolves allegations that the state subjects women prisoners at TCF to harm due to sexual abuse and misconduct by correctional staff and other prisoners in violation of their constitutional rights.    

“This agreement will help ensure that women incarcerated at Topeka Correctional Center are safe and protected from sexual exploitation,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division.  “As a result of this agreement, state officials will be required to protect women prisoners from sexual violence and abuse as is required under the Constitution.”

“This will go a long way toward reducing the harm women have experienced while being held at the TCF,” said U.S. Attorney Barry Grissom for the District of Kansas.  “The state of Kansas and the KDOC are to be commended for working with the Justice Department to reform the state’s correctional practices.”  

On Sept. 6, 2012, the Justice Department issued a findings letter concluding that women prisoners were subjected to a pattern or practice of sexual abuse.  This finding was consistent with other state reports that recognized a long-standing problem of sexual assault in the prison.  The findings report identified several systemic failures that led to the pattern of abuse.  The state failed to employ accepted correctional practices designed to protect women prisoners from harm due to sexual abuse and misconduct.  TCF did not have effective procedures to classify and manage predatory guards andand prisoners.  Further, TCF lacked effective investigative and grievance processes, and did not have enough officers, including female officers, to appropriately supervise and monitor prisoners.     

The agreement requires numerous ways to remedy the deficiencies including the requirement that the state to abide by the Prison Rape Elimination Act National Standards.  The agreement details that the state must mandate zero tolerance toward all forms of sexual abuse and sexual harassment and implement specific policies and procedures designed to prevent, detect, and respond to such conduct.

The state will work to prevent and detect sexual abuse of women prisoners by ensuring adequate levels of staffing supplemented by targeted video monitoring.  The state will also implement a classification system specific to the female population at TCF, and maintain a risk assessment process that adequately identifies potential victims and predators.  The state will maintain a grievance process and by provide multiple internal ways for prisoners to privately report sexual abuse and sexual harassment.

The state will also effectively respond to any allegations of sexual abuse or sexual harassment by adhering to guidelines and timeframes for initiating and concluding investigations; ensuring prompt corrective action following any administrative or criminal finding of sexual abuse or sexual harassment; and holding culpable staff accountable through disciplinary sanctions up to and including termination.

Finally, TCF will ensure that all staff are trained on their responsibilities to prevent sexual abuse, and on how to indentify, detect, report, and respond to allegations of sexual abuse.  The women prisoners at TFC will similarly be educated on these issues.  Implementation of the agreement will be overseen by a monitor who will issue a compliance report every six months. 

The Civil Rights of Institutionalized Persons Act authorizes the department to seek a remedy for a pattern or practice of conduct that violates the constitutional rights of persons confined in a jail, prison, or other correctional facility.  Please visit the division website to learn more about this act and other laws enforced by the Civil Rights Division.

This agreement is due to the efforts of the Special Litigation Section of the Civil Rights Division, the U.S. Attorney’s Office for the District of Kansas and the leadership of the Governor of Kansas, the Kansas State Attorney General’s Office and the Kansas Department of Corrections.

Armed Career Offender Sentenced to 192 Months in Prison for Possessing Multiple Stolen Firearms

SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a Bossier Parish man was sentenced to 192 months in prison for illegally possessing multiple firearms.

Donald W. “Duck” Reyenga, 49, of Bossier City, La., was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of possession of a firearm by a person previously convicted of a felony. He was also sentenced to five years of supervised release after he completes his prison term. According to evidence presented at the August 6, 2014 guilty plea, members of the Bossier Combined Narcotics Task Force learned that Reyenga was attempting to sell stolen firearms. On April 17, 2014, agents scheduled a controlled purchase at a Bossier City hotel. There, Reyenga sold a Hi-Standard, model Double 9, .22 caliber revolver, a Savage model 93 .22LR caliber rifle, and ammunition. His sale of the stolen firearms was recorded and he was arrested. Agents later recovered another stolen rifle that Reyenga had sold that morning along with other items stolen from residences in Red River Parish.

During the guilty plea hearing, Reyenga admitted he was an Armed Career Offender as defined by the Armed Career Criminal Act (ACCA). The ACCA increases the mandatory minimum sentence to 15 years for a defendant if he has three previous convictions for either a violent felony or a serious drug offense. Reyenga has numerous previous felony convictions in Bossier and Caddo parishes including attempted manslaughter, burglary, attempted aggravated burglary, distribution of marijuana, possession of cocaine and illegal possession of stolen things.

“This sentence is a reminder that it is illegal for felons to sell or possess firearms,” Finley stated. “Those with felony records must comply with firearms laws. We will vigorously prosecute dangerous and persistent felons in order to protect the public”

The ATF and the Bossier Combined Narcotics Task Force conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr. prosecuted the case as part the Department of Justice Project Safe Neighborhoods initiative. This initiative is designed to reduce firearm crimes by using federal statutes to remove dangerous and persistent felons from the community.

Former Acting HHS Cyber Security Director Sentenced to 25 Years in Prison for Engaging in Child Pornography Enterprise

Five Others Previously Sentenced to Substantial Prison Terms for Participation in the Same Tor-Network-Based Child Pornography Website

The former acting director of cyber security at the U.S. Department of Health and Human Services was sentenced to 25 years in federal prison today for engaging in a child exploitation enterprise and related charges in connection with his membership in a Tor-network-based child pornography website.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Deborah R. Gilg of the District of Nebraska and Special Agent in Charge Thomas R. Metz of the FBI’s Omaha Division made the announcement.

“Using the same technological expertise he employed as Acting Director of Cyber Security at HHS, DeFoggi attempted to sexually exploit children and traffic in child pornography through an anonymous computer network of child predators,” said Assistant Attorney General Caldwell.  “But dangerous criminals cannot be allowed to operate on-line with impunity.  Today’s sentence shows that the Department of Justice will bring criminals and child predators to justice, even when they employ anonymous networks like Tor.”

“Today's sentence and the others imposed earlier demonstrate that those who exploit children will be aggressively pursued and prosecuted to the full extent of the law,” said U.S. Attorney Gilg.  “Those who think they are acting anonymously on the Internet will be found and held accountable.”

“The production and distribution of child pornography is one of the most saddening, tragic crimes the FBI investigates,” said Special Agent in Charge Metz.  “Today’s sentencing sends a message to those who advertise, distribute, possess, and trade child pornography that the FBI will look for you, will find you and will make sure you are prosecuted to the fullest extent of the law.”

Timothy DeFoggi, 56, formerly of Germantown, Maryland, was convicted on Aug. 26, 2014, following a four-day jury trial before Chief U.S. District Judge Laurie Smith Camp in the District of Nebraska of engaging in a child exploitation enterprise, conspiracy to advertise and distribute child pornography and accessing a computer with intent to view child pornography.

According to evidence presented at trial, DeFoggi registered as a member of the Tor-network-based child pornography website on March 2, 2012, and maintained his membership and activity until Dec. 8, 2012, when the website was taken down by the FBI.  The website’s users utilized advanced technological means in order to undermine law enforcement’s attempts to identify them.  The website was accessible only through Tor, an Internet application specifically designed to facilitate anonymous communication.  Acting under the cloak of anonymity, users advised others on best practices to prevent detection by law enforcement, including advice about the proper use of encryption software, techniques to hide or password-protect child pornography collections, and programs to remove data from a user’s computer.

Through the website, DeFoggi accessed child pornography, solicited child pornography from other members, and exchanged private messages with other members in which he expressed an interest in the violent rape and murder of children.  DeFoggi suggested meeting one member in person to fulfill their mutual fantasies to violently rape and murder children.

DeFoggi was the sixth individual to be convicted as part of an ongoing investigation targeting three Tor-network-based child pornography websites.  The websites were run by a single administrator, Aaron McGrath, who was previously convicted in the District of Nebraska of engaging in a child exploitation enterprise in connection with his administration of the websites.  On Jan. 31, 2014, McGrath was sentenced to 20 years in prison by Senior U.S. District Judge Joseph F. Bataillon.

Four other members of the same website as DeFoggi were previously convicted and sentenced by Senior U.S. District Judge Bataillon in connection with their illegal activity on the site:

    Jason Flanary, then 42, formerly of Chicago, Illinois, the Philippines, and Guam, was sentenced to 20 years in prison on June 30, 2014.

    Wesley Cameron, then 22, formerly of Ashford, Alabama, was sentenced to 15 years in prison on Oct. 24, 2014.

    Zackary Austin, 28, formerly of Reno, Nevada, was sentenced to 16 years in prison on Nov. 6, 2014.

    Charles MacMillan, 29, formerly of Rockville, Maryland, was sentenced to 12 years in prison on Nov. 7, 2014.

These cases were brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case is a result of investigative efforts led by the FBI’s Omaha Field Office and the FBI’s Violent Crimes against Children Section, Major Case Coordination Unit, and Digital Analysis and Research Center.  The FBI was assisted in its investigation by Europol, the European Union’s law enforcement agency, as well as members of the FBI’s Violent Crimes Against Children International Task Force.  This case was prosecuted by Trial Attorneys Keith Becker and Sarah Chang of CEOS and Assistant U.S. Attorney Michael P. Norris of the District of Nebraska.