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in an honest effort to perform official duties.9 The ethical regulations also mandate that federal employees not use federal property "for other than authorized activities."10
BOP policy (Program Statement 3420.11, Standards of Employee Conduct) imposes several additional standards of conduct on its employees. At all times, BOP employees must "[c]onduct themselves in a manner that fosters respect for the Bureau of Prisons, the Department of Justice, and the U.S. Government." Because "[i]nattention to duty in a correctional environment can result in escapes, assaults, and other incidents," BOP employees "are required to remain fully alert and attentive during duty hours." BOP policy provides that employees can use government property for authorized purposes only, and further specifies that personal use of government office equipment, such as computers, "will not take place during official working hours." BOP policy requires that employees "obey the orders of their superiors at all times."
B. False Statements and Lack of Candor
Under federal law, "whoever, in any matter within the jurisdiction of the executive...branch of the Government of the United States, knowingly and willfully...makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry" has violated 18 U.S.C. § 1001(a)(3). The terms "knowingly and willfully" mean that the subject acted with knowledge that the conduct was, in a general sense, prohibited by law. It is not required that the subject was aware of the existence of Section 1001.
Under BOP standards of conduct discussed above, employees are required to cooperate fully with official investigations, which includes providing "all pertinent information they may have" and "truthfully responding to questions."
C. Relevant BOP Policies Regarding the Operation of Correctional Facilities
1. Special Housing Units
SHUs within BOP facilities are governed by federal regulations, 28 C.F.R. §§ 541.21-541.33. These regulations provide that the BOP may establish SHUs "where inmates are securely separated from the general inmate population." These regulations and BOP policy (Program Statement 5270.11, Special Housing Units) explain that inmates in the SHU are either on administrative detention or disciplinary segregation status. Administrative segregation status is a non-punitive designation that removes an inmate from the general population when necessary to ensure the safety, security, and orderly operation of correctional facilities, or protect the public." There are several reasons an inmate can be placed in administrative detention status, including when an inmate's presence in the general inmate population presents a threat to self or others, or when administrative detention status is necessary for the protection of the inmate. Assignment to the SHU for protection reasons can be based on being a victim of an assault, acting (or being perceived) as an informant, refusing to enter general population, or because of staff concerns about the inmate's safety.
9 5 C.F.R. § 2635.705(a); see also 5 C.F.R. § 2635.101(b)(5).
10 5 C.F.R. § 2635.101(b)(9); see also 5 C.F.R. § 2635.704(a).