Women’s prison in Fort Worth rife with corruption, cover-ups, whistleblower says

Amanda McCoy/amccoy@star-telegram.com

The union president at FMC Carswell prison in Fort Worth laid out accusations of “corruption, misconduct and malfeasance” at the federal women’s prison in a letter sent to state and federal leaders.

Jennifer Howard, union president at Carswell, said upper management at the prison covers up reports of misconduct by supervisors, retaliates against staff who file complaints and violates federal law by not honoring contract negotiations.

In the letter, Howard — who represents more than 300 staff members at Carswell through the American Federation of Government Employees Local 1006 union— requested a congressional inquiry.

“It is the mission of the Bureau of Prisons to confine offenders in facilities that are, among other things, safe, humane, and secure,” Howard told the Star-Telegram. “Misconduct increases the inherent risks of working in a correctional environment for everyone by allowing harmful practices and corruption to flourish.”

In response to questions about the allegations, a BOP spokesman said the agency does not comment on investigations or matters subject to legal proceedings. The spokesman referred the Star-Telegram to the BOP’s policy on staff misconduct.

“Allegations of staff misconduct are taken seriously and referred for investigation if warranted,” the spokesman said in an emailed statement. “Incidents of potential criminal activity or misconduct inside BOP facilities are thoroughly investigated for potential administrative discipline or criminal prosecution.”

Howard sent the letter in early July to U.S. Sen. John Cornyn, Deputy Attorney General Lisa Monaco and U.S. Rep. Marc Veasey. A representative of Cornyn’s office confirmed they received the letter, but did not provide further comments. Representatives from Monaco and Veasey’s offices did not immediately respond to requests for comment.

Complaints ‘covered up’

In May, Warden Michael Smith took over at FMC Carswell. His arrival has caused increasing tension and misconduct at the prison, according to Howard.

When staff report complaints against upper management, Howard said, “it is often ignored, covered up, and not investigated.” A staff member reported Smith for “unethical misconduct” on May 25, Howard said, but no investigation was ever done. The Bureau of Prisons as a whole set up a system in which reports of misconduct are handled “in house,” Howard said, “resulting in many reports and complaints going nowhere.”

In addition, Smith’s administration has retaliated against staff who report misconduct by placing staff members on leave without pay, ordering them to leave facility grounds or reassigning them to other facilities, the letter says. Even managers who speak out against misconduct in the administration have been “targeted, threatened to be shipped, ostracized and publicly humiliated amongst their peers,” it says. Other administrators within the BOP have “condoned and supported” these policy violations by ignoring repeated allegations of wrongdoing, Howard said.

In another case, a staff member reported being sexually harassed and stalked by a woman incarcerated at the prison. A unit manager expunged the staff member’s incident report and the staff member was put back into the same unit with the woman, according to Howard.

“The staff member is now being taunted and harassed by other inmates who refer to the inmate in question as his stalker and making fun of the situation,” Howard told the Star-Telegram “The staff member deals with this harassment daily.”

The administration also handles complaints differently based on staff members’ ethnicity and gender, Howard said. When people of color raise issues, they are often ignored, she said.

“Warden Smith’s actions have created a chilling effect on all staff at FMC Carswell,” the letter says.

Union retaliation

Smith was the assistant director of Health Services for the BOP, and he and former director Michael Carvajal were widely criticized for their handling of the COVID-19 pandemic. Carvajal, who came under significant fire after a series of Associated Press investigations into agency-wide misconduct, stepped down in January.

According to Howard, Smith was a close associate with Carvajal, and has bragged that Carvajal specifically requested him to serve as assistant director.

In the letter, Howard questions why Smith was assigned to Carswell.

Carswell is the only medical center for federally incarcerated women in the country, and yet Smith does not have a medical education and “oversaw a failed response” to COVID, Howard says.

Howard implies Smith may have been sent to punish Carswell union members who have a history of blowing the whistle on wrongdoing. In 2020, Andrea Circle Bear, who was housed at Carswell, became the first woman to die in federal custody from COVID-19. In response, the Local 1006 filed a whistleblower complaint about how the agency was handling the pandemic as a whole. In January, the union filed a complaint about the mishandling of the COVID-19 pandemic policies at the prison and understaffing.

At Carswell, Smith “refuses to honor long-standing negotiated agreements (with the union)… because he does not like them,” Howard’s letter says.

“The union can only surmise Warden Smith has been sent to FMC Carswell on an assignment and mission to directly attack and retaliate against the exclusive representatives who have reported fraud, waste and abuse to government entities, the public and media outlets,” the letter says.

In January 2021, President Joe Biden issued an executive order that requires federal agencies — including the BOP — to negotiate with unions. Smith’s refusal to honor negotiated agreements with the union violates federal law, according to Howard’s letter.

Management officials at Carswell and within the South Central Region, the letter says, have disregarded Biden’s executive order.

“In fact, they have chosen instead to perpetuate an agenda of corruption, retaliation, intimidation, coercion, and restraint,” the letter says, “an agenda designed to dismantle Unions and disempower federal workers.”

Accountability at Carswell, Howard says at the end of the letter, cannot exist so long as Smith remains warden.

On Tuesday, the Department of Justice announced Colette Peters was selected as the new BOP director. In a statement about the announcement, Howard said Local 1006 is optimistic about the selection due to Peters’ “focus on reform and creating an environment where people can feel comfortable coming forward and talking about misconduct.”

“We sincerely hope Director Peters will visit our unique institution, to assist in improving the working environment at FMC Carswell,” Howard said in the statement, “so we may focus on providing needed services to the individuals in our custody, emphasizing re-entry, reducing the recidivism rates, and implementing First Step Act initiatives.”

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