Month: August 2022

A criminal complaint was unsealed today in federal court in Brooklyn charging Jeremy Monk, a former correctional officer employed by the United States Bureau of Prisons (BOP), with attempting to provide contraband to prison inmates at the Metropolitan Detention Center (MDC) in Brooklyn.  Monk was arrested this morning, and his initial appearance is scheduled for this afternoon before United States Magistrate Judge Vera M. Scanlon.

Breon Peace, United States Attorney for the Eastern District of New York, Ryan T. Geach, Special Agent-in-Charge, United States Department of Justice, Office of Inspector General (DOJ-OIG), and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.

“As alleged, the defendant violated his oath and duty as a correctional officer by smuggling narcotics into the Metropolitan Detention Center,” stated United States Attorney Peace.  “This Office, together with our law enforcement partners, are committed to maintaining the safety for incarcerated individuals and BOP employees, and will prosecute those who act as conduits for contraband into a correctional facility.” 

“Monk allegedly smuggled drugs into the prison, creating a dangerous environment for his fellow correctional officers, inmates, and the public.  The Department of Justice Office of the Inspector General will continue to investigate and uncover these kinds of bribery schemes,” stated DOJ-OIG Special Agent-in-Charge Geach.

“As alleged, Mr. Monk put both his fellow corrections officers and the Metropolitan Detention Center’s inmate population at risk by engaging in a scheme to smuggle contraband, including illegal drugs, into the facility. As law enforcement officials, we all take an oath to uphold the law and protect our nation. Mr. Monk chose to violate that oath, and he will now face justice for the crimes we allege he committed,” FBI Special Agent-in-Charge Driscoll.

As alleged in the complaint, Monk worked as a correctional officer at the MDC from May 2020 until he resigned on April 18, 2022.  Three days before he resigned, on April 15, 2022, MDC staff learned that Monk was supposed to be paid $10,000 by inmates to smuggle contraband, specifically drugs, alcohol, and tobacco, into the MDC and leave it in a staff restroom.  That afternoon, Monk went to the staff restroom consistent with the information MDC staff received.  After Monk left the restroom, MDC staff secured and searched the location and found more than nine ounces of marijuana hidden on a shelf under cleaning materials. Prior to reporting to work on April 18, 2022, Monk called the MDC’s Human Resources department and stated that he wanted to immediately resign. When asked why he was resigning, the defendant stated, in sum and substance, because of “some stupid investigation.”

As alleged, Monk had also smuggled contraband into the MDC on prior occasions.  On December 5, 2020, the MDC staff members conducted a search of the cell of an incarcerated individual (Inmate-1) due to the odor of marijuana coming from his cell.  Although no marijuana was found, the MDC staff recovered a cellular telephone, which is also contraband in a correctional facility.  Financial records show that three days before the MDC staff recovered the cellular telephone, an associate of Inmate‑1 attempted to pay Monk for smuggling the contraband via Cash App seven times in amounts ranging from $750 to $4,000. All seven transactions were blocked by Cash App. 

The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.  If convicted, Monk faces a maximum sentence of five years’ imprisonment. 

The government’s case is being handled by the Office’s Public Integrity Section.  Assistant United States Attorneys Olatokunbo Olaniyan and Philip Pilmar are in charge of the prosecution. 

The Defendant:

JEREMY MONK
Age:  31
Brooklyn, New York

E.D.N.Y. Docket No. 22-MJ-805

The Justice Department today filed a lawsuit to protect the rights of patients to access emergency medical care guaranteed by federal law. The suit challenges Idaho Code § 18-622 (§ 18-622), which is set to go into effect on Aug. 25 and imposes a near-total ban on abortion.

The complaint seeks a declaratory judgment that § 18-622 conflicts with, and is preempted by, the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. The United States also seeks an order permanently enjoining the Idaho law to the extent it conflicts with EMTALA.

“On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance reproductive freedom,” said Attorney General Merrick B. Garland.  “That is what we are doing, and that is what we will continue to do. We will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled under federal law. And we will closely scrutinize state abortion laws to ensure that they comply with federal law.” 

“Federal law is clear: patients have the right to stabilizing hospital emergency room care no matter where they live,” said Department of Health and Human Services Secretary Xavier Becerra. “Women should not have to be near death to get care. The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to health care, including abortions.”

“One critical focus of the Reproductive Rights Task Force has been assessing the fast-changing landscape of state laws and evaluating potential legal responses to infringements on federal protections,” said Associate Attorney General Vanita Gupta. “Today’s lawsuit against the State of Idaho for its near-absolute abortion ban is the first public example of this work in action. We know that these are frightening and uncertain times for pregnant women and their providers, and the Justice Department, through the Task Force’s work, is committed to doing everything we can to ensure continued lawful access to reproductive services.”

EMTALA requires hospitals that receive federal Medicare funds to provide necessary stabilizing treatment to patients who arrive at their emergency departments while experiencing a medical emergency. When a physician reasonably determines that the necessary stabilizing treatment is an abortion, state law cannot prohibit the provision of that care. The statute defines necessary stabilizing treatment to include all treatment needed to ensure that a patient will not have her health placed in serious jeopardy, have her bodily functions seriously impaired, or suffer serious dysfunction of any bodily organ or part.

As explained in the complaint, once § 18-622 enters into effect in Idaho, a prosecutor can indict, arrest and prosecute a physician merely by showing that an abortion has been performed, without regard to the circumstances. A physician who provides an abortion in Idaho can ultimately avoid criminal liability only by establishing as an affirmative defense that “the abortion was necessary to prevent the death of the pregnant woman” or that, before performing the abortion, the pregnant patient (or, in some circumstances, their parent or guardian) reported an “act of rape or incest” against the patient to a specified agency and provided a copy of the report to the physician. The law provides no defense for an abortion necessary to protect the health of the pregnant patient. 

Idaho’s criminal prohibition of all abortions, subject only to the statute’s two limited affirmative defenses, directly conflicts with EMTALA and stands as an obstacle to the accomplishment of EMTALA’s federal objectives of providing stabilizing care and treatment to anyone who needs it.

The Justice Department is committed to protecting access to reproductive services. Following the Supreme Court’s decision in Dobbs, the Justice Department established the Reproductive Rights Task Force, chaired by Associate Attorney General Gupta. The Task Force is charged with protecting access to reproductive freedom under federal law. For additional information on the work of the Task Force visit www.justice.gov/reproductive-rights.