BP-A0304
JAN 17 JAN 17

# DISCIPLINE HEARING OFFICER REPORT

## U.S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU PRISONS

<table><tr><th colspan="3">Institution: MCC New York, New York</th><th colspan="3">Incident Report number: 3282555</th></tr><tr><td>NAME</td><td>OF INMATE: Epstein, Jeffrey</td><td></td><td>REG.NO.: 76318-054</td><td>UNIT: 5 Unit Team</td><td></td></tr><tr><td>Date</td><td>of Incident Report: July 23, 2019</td><td></td><td>Offense Code: 228</td><td></td><td></td></tr><tr><td>Date</td><td colspan="5">of Incident: July 23, 2019</td></tr><tr><td colspan="6">Summary of Charges: Self-Mutilation</td></tr><tr><td>I.</td><td colspan="5">NOTICE OF CHARGE(S)</td></tr><tr><td colspan="6">A. Advanced written notice of charge (copy of Incident Report) was given to inmate on (date)
07-30-2019 at (time) 12:45 p.m. (by staff member) M. Rice, Lieutenant</td></tr><tr><td></td><td>B. The DHO Hearing was held on (date)</td><td></td><td>08-01-2019 at (time)</td><td>09:55 a.m.</td><td></td></tr><tr><td></td><td>C. The inmate was advised of the
R. Proto, Unit Manager on (date)
is attached.</td><td>rights</td><td>before the DHO by (staff
07-30-2019 and a copy of the</td><td>member):
advisement of</td><td>rights form</td></tr><tr><td rowspan="2" colspan="6">II. STAFF REPRESENTATIVE
A. Inmate waived right to staff representative. Yes [x] X No</td></tr><tr></tr><tr><td></td><td>B. Inmate requested staff representative</td><td></td><td>and N/A appeared.</td><td></td><td></td></tr><tr><td></td><td></td><td>N/A</td><td></td><td></td><td></td></tr><tr><td colspan="6">C. Staff Representative statement:
D. Requested staff representative declined or could not appear but inmate was advised of
option to postpone hearing to obtain another staff representative with the result that: (New
Staff Representative Name) N/A was selected.</td></tr><tr><td>III.</td><td colspan="5">PRESENTATION OF EVIDENCE</td></tr><tr><td colspan="6">A. Inmate (admits) (denies) [x] X (Neither) the charge(s).</td></tr><tr><td rowspan="2" colspan="6">B. Summary of inmate statement:

The DEO EXPUNGED the incident report based upon a review of all available evidence submitted
in the DEO Packet in reference to this incident report by MCC New York, New York staff,
during the DEO Review/Hearing on August 1, 2019. Inmate Epstein, Jeffrey Register Number.:
76318-054 was present during this review by the DEO. Based upon a review of all available
information/evidence it was determined there was insufficient evidence to support the
prohibited act, and this incident report was EXPUNGED.</td></tr><tr></tr><tr><td></td><td>C. Witnesses:
1. The inmate requested witnesses.</td><td>Yes</td><td>No [x] X</td><td></td><td></td></tr><tr><td colspan="6">2. The following persons were called as witness at this hearing and appeared: _N/A</td></tr><tr><td></td><td colspan="5">3. A summary of the testimony of each witness is attached: N/A</td></tr><tr><td></td><td colspan="5">4. The following persons requested were not called for the reason(s) given: N/A</td></tr><tr><td></td><td colspan="5">5. Unavailable witnesses were requested to submit written statements and those statements
received were considered: N/A
D.</td></tr><tr><td></td><td>Documentary Evidence: In addition
considered the following documents:</td><td>to the
N/A</td><td>Incident Report and</td><td>Investigation, the DHO</td><td></td></tr><tr><td></td><td>E. Confidential information was used
to the inmate. The confidential
confidential information has been
reliable because: N/A</td><td>by DHO
information
(confidential</td><td>in support of his findings,
was documented in a
informants have been)</td><td>but was not
separate report. The
determined to</td><td>revealed
be</td></tr><tr><td>IV.</td><td>FINDINGS OF THE DHO
A. The act was committed as
B. The following act was</td><td>charged.
committed:</td><td>[ ] C. No prohibited
[x] Expunge according
X Discipline</td><td>act was committed:
to Inmate
PS.</td><td></td></tr></table>

1

CONFIDENTIAL

SDNY_00010587

EFTA00034547

BP-A0304
JAN 17

# DISCIPLINE HEARING OFFICER REPORT

## U.S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU PRISONS

Name of Inmate: Epstein, Jeffrey
Reg. No.: 76318-054
Hearing Date: August 1, 2019

V. SPECIFIC EVIDENCE RELIED ON TO SUPPORT FINDINGS (Physical evidence, observations,
written documents, etc.):

On August 1, 2019, the DHO found that on July 23, 2019, at approximately 1:27 a.m., you did not commit the prohibited act of Code 228; Self-Mutilation. The finding is based on the information listed in section 11 of the incident report, and the documentary evidence provided to the DHO by MCC New York staff. There was insufficient evidence to support the prohibited act.

The DHO finds there was not sufficient detailed evidence to support you were involved in this prohibited act(s), and that you did commit the prohibited act of Code 228; Self-Mutilation.

VI. SANCTION OR ACTION TAKEN:
Offense Severity: 228
SGT Available: N/A

***EXPUNGED***

VII. REASON FOR SANCTION OR ACTION TAKEN:

Inmate Epstein, Jeffrey Number: 76318-054 was not sanctioned due to the incident report being expunged. The incident report was expunged based upon a review of all available facts by the OHO, and due to insufficient evidence to support the prohibited act.

VIII. APPEAL RIGHTS: X The inmate has been advised of the findings, specific evidence relied on, action and reasons for the action. The inmate has been advised of his right to appeal this action within 20 calendar days under the Administrative Remedy Procedure. A copy of this report has been iven to the inmate.

IX. Discipline Hearing Officer
Printed Name: K. Hampton, DHO
Signature: <signature>
Date: August 2, 2019

DHO report delivered to Inmate by: <empty>
Signature: <empty>

Printed Name (Staff): <empty>
Date and Time: <empty>

Prescribed by P5270
Replaces BP-A0304 of AUG 11

2

CONFIDENTIAL

SDNY 00010588

EFTA00034548