Chris Epps

Christopher B. "Chris" Epps is a former commissioner of the Mississippi Department of Corrections (MDOC) and was trained as a teacher. Appointed in 2002 and serving to 2014, he was the agency's longest-serving commissioner in the state. Epps came up within the system, working for the department for 32 years.[1]

Although MDOC had been sued in two class-action suits in the 21st century on behalf of prisoners because of poor conditions, Epps was respected for his efforts to reduce the use of solitary confinement in Mississippi and to make other improvements. Mississippi had contracts with for-profit prison companies to run several of its prisons. He had been elected president of the American Correctional Association, but resigned that position on November 5, 2014. The ongoing federal investigation of the state prison system was continuing.

Epps, who was the sole African-American director of any Mississippi state agency, resigned in November 2014 the day before being indicted on federal charges of bribery and kickbacks. He had allegedly received more than $2 million in bribes from Cecil B. McCrory, a businessman and former Mississippi Republican state house member, and others, including Robert Simmons. Simmons indicated he began paying bribes to Epps beginning in 2005. McCrory was a consultant for Management and Training Corporation (MTC) of Utah, a major for-profit prison operating company that at the time had a $60 million contract in Mississippi to operate four prisons.[2]

Early life and education

Christopher Epps was born and grew up in Tchula, Mississippi, in Holmes County, which is bordered on the west by the Yazoo River and the Mississippi Delta.[1] His mother, Fannye Epps Love, is the Dean at the School of Education at The University Of Mississippi DeSoto Center.[3] Epps attended Mississippi Valley State University and received a bachelor's degree in elementary education.[4]

Epps stated that at the time of his graduation he filled out an MDOC job application at a job fair at his university.[5] Epps' relatives worked in the education sector and had post-graduate education. He got a job at a school in Drew, Mississippi teaching science and mathematics, but in 1982 MDOC contacted him anyway asking if he was interested in working in prisons.[6]

Career

In 1982 MDOC contacted Epps to recruit him for the prison system. Epps by that time thought the criminal justice system might provide more opportunity for advancement than education. Originally he worked as both a teacher and a prison correctional officer in Unit 29 at the Mississippi State Penitentiary (Parchman) in Sunflower County, Mississippi. In January 1985, he quit his teaching position. He began to be promoted to higher positions within the corrections department. In December 1988 Governor Ray Mabus appointed Epps as the deputy superintendent of Mississippi State Penitentiary .[6]

On August 30, 2002, Governor Ronnie Musgrove appointed Epps as Commissioner of the Mississippi Department of Corrections. Governors Haley Barbour and Phil Bryant reappointed Epps on January 13, 2004 and January 11, 2012, respectively.[7] He was the only African American to lead a state department in Bryant's administration.

Epps earlier attended Liberty University, receiving a master's degree in guidance counseling.[7] Serving also in the Mississippi National Guard, he worked his way to a rank of colonel before his March 2008 retirement. Epps worked as an auditor for the American Correctional Association (ACA). In May 2010 he was elected as the association's president. On November 5, 2014 Epps resigned from his ACA position.[1]

Personal life

Epps's wife is Catherlean Sanders and they have two sons.[7] Prior to 2015, Epps's primary residence was in Flowood, Mississippi in the Jackson metropolitan area. He at one time had a condominium in Biloxi but later replaced it with a condominium in Pass Christian, Mississippi.[8] He served as a deacon of Hanging Moss Road Church of Christ in Jackson.[7] In April 2015 Epps' wife hired a Seattle forfeiture attorney to represent her in regards to the case involving their Flowood residence.[9] On March 2, 2016, the court allowed her to keep $200,000 of their forfeited assets.[10]

On November 6, 2014 the Federal Government of the United States announced that it had indicted Epps on corruption charges;[1] these charges originated from dealings with the for-profit prison industry.[11] The federal indictment stated that McCrory, a former Mississippi Republican House member and businessperson who served as the chairperson of the Rankin County School District's board of education, provided Epps with kickbacks and bribes totaling more than $1 million. His payments included payment of part of the mortgage of Epps' primary residence in the Jackson area. The resulting increased equity and another bribe payment were leveraged by Epps to buy a condominium and trade up the latter for a larger, more expensive condo. In exchange, Epps directed contracts to McCrory-owned companies for prison-services contracts, as well as to companies that hired McCrory as a paid consultant. Per the indictment, the activity started in 2007 and ended on March 12, 2014. Epps entered an initial plea of not guilty, and he received a bond of $25,000.[8] According to Leake County Sheriff Greg Waggoner, the investigation was initiated after an attempt to cover-up a sexual assault of an inmate. The FBI launched an investigation which eventually focused on Epps and named it "Mississippi Hustle".[12]

In November 2014 Governor Phil Bryant ordered rebids of the contracts that had been awarded by Epps.[13]

In February 2015 Epps pleaded guilty to corruption-related charges:[11] one count of filing a false tax return and one count of conspiracy to launder money.[14] As part of the plea, he forfeited two Mercedes Benz vehicles and his two residences. In an allocution, he told Judge Wingate, "I'm sorry for what I've done," "I've repented before God. I apologize to my family and the state of Mississippi." Epps said he began taking gratuities from McCrory in 1997, before he became commissioner, and while McCrory was still a state legislator.[15] McCrory plea bargained to lesser federal charges. He had begun working as a consultant to the GEO and Cornell successor, Utah's Management and Training Corporation. It held a $60 million contract to operate four Mississippi prisons. MTC fired McCrory, claiming they knew nothing of his criminal activities. Epps and McCrory blamed each other for beginning the bribery scheme. Sentencing was first scheduled for June 9, 2015,[14] but a day earlier, the U.S. Attorney for Mississippi said the sentencing was indefinitely delayed, as they were pursuing additional indictments.[16]

The federal government pursued prosecutions against those who bribed Epps, such as consultant Robert Simmons;[17] Teresa Malone, the wife of former Mississippi House Corrections Committee Chairman Bennett Malone; and Mark Longoria, CEO of Drug Testing Corporation of Houston, Texas.[18]

In April 2016, McCrory informed the court that he wanted to change his plea bargain to "not guilty" and requested a trial. As a consequence, Epps' sentencing was again postponed, this time until July 18, 2016. Epps had been scheduled for sentencing on April 11, 2016, after pleading guilty to money laundering and filing false tax returns.[19]

The sentencing of Epps and Brandon businessman McCrory last scheduled for July 19, 2016, was again delayed by Judge Wingate to give their defense lawyers additional time to review materials concerning how much money was gained by 15 corporations paying bribes to the pair. Prosecutors hoped to use the evidence to increase the recommended prison sentences for Epps and McCrory. Epps faces a possible 23 years after his 2015 guilty plea to money laundering and filing false tax returns related to $1.47 million in bribes. Numerous companies denied knowing their consultants were making kickbacks to Epps and others. GEO's Finance Director John Tyrell testified that, "We often have consultants..." GEO was paying McCrory $5,000 monthly, which retired President and Chief Operating Officer Wayne Calabrese later increased to $10,000. Tyrrell did not answer the question as to why the amount was doubled, but speculated it may have been because GEO purchased competitor Cornell Companies which had been operating the extremely dysfunctional Walnut Grove youth prison.[20]

Eleven more people may face criminal charges in the Epps' bribery cases, according to Assistant U.S. Attorney Darren LaMarca. Ten more people could face federal indictments; another could face state charges which are expected by mid-July. LaMarca estimated that the corruption's net benefit to contractors exceeded $65 million. Investigators have determined that Epps demanded bribes to exercise his influence, not only at the state level, but among county supervisors. Epps controlled where state inmates were placed, giving him influence over local jails. Cecil McCrory pleaded guilty to a single count of money laundering conspiracy and faces up to 20 years in prison. He has agreed to forfeit $1.7 million in assets. Based on the prosecutors' $65 million estimate, federal sentencing guidelines would recommend a maximum of 23 years in prison for Epps. However, his lawyer asked the judge to sentence Epps only based on the bribes he actually collected. If the lower amount of $1.47 million is used, Epps faces a recommended sentence between 14 and 17 1/2 years giving Wingate latitude. Because of his cooperation in providing information about those paying the bribes, prosecutors will recommend Epps get a shorter sentence. Calculating benefit to 16 contractors necessitates examining their accounts. On June 30, John Colette, Epps' defense attorney said he received more than 1,500 pages of documents in the previous week and would require at least 30 days to review them. Four companies are asking Wingate to shield their information from public view: Four more haven't responded to subpoenas. Wingate said he would hold a hearing by July 16, 2016, to consider requests for protective orders, and to consider contempt orders be lodged against companies which have failed to respond to disclosure requests.[21] On July 20, 2016, in a seven count indictment returned by a federal grand jury, OB/GYN Dr. Carl Reddix, owner of Heath Assurance LLC was charged with paying bribes and kickbacks to Epps in return for contract awards with the MDOC and for-profit prison operators.[22] The attorney for Reddix said Epps demanded bribe payments, as did others who have been indicted.[23] The medical contracts for four for-profit Mississippi prisons held by Wexford Health Sources were sequentially taken from Wexford and subsequently awarded to Reddix. In 2008, his company received a contract to "provide inmate health care services" at the Walnut Grove Correctional Facility, which was then renewed in 2011. Transfers of contracts for East Mississippi Correctional Facility and Marshall County Correctional Facility followed in 2012. The final contract awarded was for Wilkinson County Correctional Facility, awarded in 2013.[24] Judge Wingate recused himself from trying the Reddix case, which will be heard by Judge Daniel Gordon.[25]

Epps personally received at least $1.47 million in bribes for steering $800 million in contracts between 2006 and 2014.[26] Judge Wingate will hear the cases of the others who were charged with bribing Epps. Irb Benjamin's case was to be tried on October 3, 2016, but a deal was struck and he pleaded guilty on October 18.[27] He will be sentenced in early 2017 and faces 10 years in prison, plus a fine of up to a quarter-million dollars.[28] Longoria will be sentenced on October 13.[29] After his sentencing had been delayed twice, Judge Wingate reset Epps' sentencing for May 24-25, 2017. Although Epps' sentencing was delayed, Wingate has set sentencing for his co-defendant, Cecil McCrory, for Dec. 21-22.[30]

On November 1, 2016, while still awaiting sentencing, Epps was arrested by the Flowood, Mississippi Police Department and charged with breaking into his former primary residence which he had previously turned over to the federal government as part of a plea agreement. He had removed light fixtures and other items. They were recovered at his nearby second home.[31] Appearing in court on November 3rd, Epps said he had made a "terrible mistake," and only wanted to retrieve some outside floodlights for Halloween. The court was to consider if the possible revocation of his bond was warranted.[32] On November 15, 2016, Epps petitioned the court that he be allowed release to home confinement.[33]

As of February 2015 Epps was still eligible to receive benefits from the Mississippi Public Employees’ Retirement System.[34]

References

  1. 1 2 3 4 Pettus, Emily Wagster. "Epps’ star falls in Miss. after federal indictment", Washington Times (Archive). Washington Times. November 8, 2014. Retrieved on February 27, 2015.
  2. Nave, R.L. "MDOC Scandal Highlights Privatization Problems, Jackson Free Press. November 12, 2014. Retrieved on April 16, 2016.
  3. University of Mississippi. Retrieved 19 April 2016.
  4. Amy, Jeff. "Ex-Prison Boss and Businessman Admit to Bribery Scheme" (Archive). Associated Press at ABC News. February 25, 2013. Retrieved on February 27, 2015.
  5. Gates, Jimmie E. and Emily LeCoz. "Chris Epps' history with the MDOC" (Archive). The Clarion-Ledger. November 6, 2014. Retrieved on February 27, 2015.
  6. 1 2 Buntin, John. "Down on Parchman Farm" (Archive). Governing. July 27, 2010. Retrieved on February 27, 2015.
  7. 1 2 3 4 "Christopher B. Epps Commissioner" (Archive). Mississippi Department of Corrections. Retrieved on February 27, 2015.
  8. 1 2 Estwick, Tammy. "Epps pleads not guilty to federal bribery charges" (Archive). WAPT. November 7, 2014. Retrieved on February 28, 2015.
  9. Gates, Jimmie E. "Chris Epps' wife hires attorney in forfeiture case" (Archive). The Clarion Ledger. April 29, 2015. Retrieved on July 14, 2015.
  10. Chris Epps wife to keep $200,000 from forfeiture, Clarion Ledger, Jimmy E. Gates, March 2, 2016. Retrieved 26 July 2016.
  11. 1 2 Blinder, Alan. "2 Former Mississippi Officials Plead Guilty in a Graft Case Involving Private Prisons." The New York Times. February 25, 2015. Retrieved on February 27, 2015.
  12. Epps probe, "Mississippi Hustle" started sex scandal, Clarion Ledger, Emily LeCoz, November 22, 2014. Retrieved 19 March 2016.
  13. "Bryant orders prison contracts rebid" (Archive). WAPT. November 7, 2014. Retrieved on February 28, 2015.
  14. 1 2 "Former commissioner Of Mississippi Department of Corrections and local businessman plead guilty in federal court" (Archive). United States Department of Justice. Retrieved on February 27, 2015. Version at the website of the Federal Bureau of Investigation.
  15. Mitchell, Jerry and Jimmie E. Gates. "Chris Epps, Cecil McCrory plead guilty to corruption" (Archive). The Clarion-Ledger. February 25, 2015. Retrieved on February 27, 2015.
  16. Gates, Jimmie E. "Former MDOC Commissioner Chris Epps' sentencing delayed" (Archive). Clarion Ledger. June 8, 2015. Retrieved on June 9, 2015.
  17. Another man accused of bribing Epps over prison contracts, The Clarion Ledger, Jeff Amy (AP), February 16, 2016. Retrieved 29 May 2016.
  18. Former state Rep. Bennett Malone's wife charged in Epps' case, Clarion-Ledger, Jimmie E. Gates and Geoff Pender, July 25, 2016. Retrieved 26 July 2016.
  19. Epps sentencing delayed; McCrory wants to withdraw plea, The Clarion Ledger, Jerry Mitchell, April 11, 2016. Retrieved 14 April 2016.
  20. In Epps case, still unclear who else is implicated, Northeast Mississippi Daily Journal, Jeff Amy (AP), June 13, 2016. Retrieved 3 August 2016.
  21. Prosecutor: 11 more to be charged in Mississippi prison bribery inquiry, Associated Press, Jeff Amy, June 30, 2016. Retrieved 6 July 2016.
  22. Mississippi Doctor Charged with Bribery of Former Corrections Commissioner, Department of Justice, July 20, 2016. Retrieved 26 July 2016.
  23. The Latest: Lawyer says doctor was hit by Epps shakedown, WAFF (Associated Press), July 21, 2016. Retrieved 28 July 2016.
  24. Attorney: Alleged bribery a "shakedown", Jackson Free Press, Tim Summers Jr., July 21, 2016. Retrieved 22 September 2016.
  25. Epps prison scandal defendant trials pushed back, Mississippi Today, Patsy R. Brumfield, September 2, 2016. Retrieved 22 September 2016.
  26. Former insurance broker for MDOC indicted in Epps case, The Clarion-Ledger, Jimmie E. Gates, August 24, 2016. Retrieved 27 August 2016.
  27. Former state senator to plead guilty in Epps bribery case, Mississippi Today, Patsy R. Brumfield, October 3, 2016. Retrieved 3 November 2016.
  28. Irb Benjamin pleads guilty in Epps bribery case, Mississippi Today, R.L. Nave, October 18, 2016. Retrieved 3 November 2016.
  29. Epps prison scandal defendant trials pushed back, Mississippi Today, Patsy R. Brumfield, September 2, 2016. Retrieved 8 September 2016.
  30. Ex-corrections head Epps won't be sentenced until May, Clarion Ledger, Jimmie E. Gates, November 1, 2016. Retrieved 3 November 2016.
  31. Epps may have violated bond terms with burglary charge, Clarion Ledger, Jimmie E. Gates, November 2, 2016. Retrieved 3 November 2016.
  32. Former Mississippi prison boss Chris Epps in court over burglary charge, WJTV, November 3, 2016. Retrieved 8 November 2016.
  33. Epps asked Judge Wingate to consider house arrest, WLOX, Bob Burks, November 18, 2016. Retrieved 4 December 2016.
  34. Carter, Ted. "(UPDATE) Prison won’t interrupt ex-prison chief’s retirement cash flow" (Archive). Mississippi Business Journal. February 26, 2015. Retrieved on July 14, 2015.
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