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inmate was accounted for.’”° Only after all the count slips have been collected from each housing unit, and the numbers on the count slips had been matched to the institution’s overall inmate count sheet, could the institutional count be deemed “cleared” or completed. The Evening Watch SHU Officer in Charge, the Material Handler, Noel, and Thomas each prepared and/or signed a false count slip to create the impression that they had fulfilled their inmate accountability responsibilities when, in fact, they had not.”” These individuals admitted to the OIG that instead of performing their assigned duties, they pre-filled the count slips with the number of inmates they believed were in the SHU based on what officers from the previous shift had told them and signed off on the documents knowing that they falsely attested to having completed the counts. Additionally, Noel admitted to the OIG that she had prefilled the official MCC New York forms documenting the times of the 30-minute rounds, often referred to as round sheets, and falsely attested to having completed the rounds.”® Noel and Thomas were indicted by a grand jury for their false certifications of having conducted counts and rounds. Subsequently, each entered into a deferred prosecution agreement with the U.S. Attorney's Office for the Southern District of New York. The U.S. Attorney’s Office of the Southern District of New York declined prosecution for the Evening Watch SHU Officer in Charge and the Material Handler. The OIG investigation has found that the Evening Watch SHU Officer in Charge, the Material Handler, Noel, and Thomas knowingly and willingly falsified BOP records in violation of federal law by attesting that they had completed the mandatory rounds and inmate counts on the evening of August 9, 2019, and morning of August 10, 2019. Additionally, as noted above, BOP policy requires employees to cooperate fully with an official investigation and truthfully respond to questions. The OIG found that Noel lacked candor when she told the OIG that she had conducted the 10 p.m. count when the weight of evidence indicates that, at most, she may have conducted a round at the time. 3. Poor Judgment Regarding the Use of Overtime The OIG’s investigation and review revealed that on August 9, 2019, MCC New York supervisory staff requested that a staff member fill an overtime position within the SHU, which resulted in that staff member working three shifts back-to-back, that is, 24 hours straight. The collective bargaining agreement between the BOP and unions representing BOP employees provides that “[o]rdinarily, the minimum time off between shifts will be seven and one-half (7 %) hours, and the *% The official name for the document used to record an institutional count is “Bureau of Prisons Count Sheet.” 7 The Evening Watch SHU Officer in Charge and Noel signed the 4 p.m. count slip; Noel and the Material Handler signed the 10 p.m. count slip; and Noel and Thomas signed the 12 a.m., 3 a.m., and 5 a.m. count slips. 78 This BOP form is officially entitled “MCC New York, Special Housing Unit, 30 Minute Check Sheet.” 104 DOJ-OGR- 00023471