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Prison Company's Courtship Provokes New York's Scrutiny

February 17, 2003
By CLIFFORD J. LEVY






A vehicle provided to Assemblyman Roger L. Green for his
personal use was a gray Plymouth Voyager minivan with
tinted windows, but the perks from a private prison company
called Correctional Services Corporation did not end there,
according to interviews and records from a federal
investigation into the company's operations.

Mr. Green, an influential state legislator in New York,
received a driver, a young man named Jorge Avila-Parks, who
on many mornings showed up at Mr. Green's home in Brooklyn.
There was also the public relations aide for Mr. Green's
office, workers for his political campaigns, free meals and
a cellphone. All told, the federal investigative records
indicate, the package was worth as much as $2,000 a month.

When it came to courting the powerful as it won millions
of dollars in state contracts, Correctional Services did
not hold back.

And now its political activities have provoked an array of
inquiries. Company records have been turned over to state
prosecutors in Albany and Manhattan, executives have been
subpoenaed, and the state lobbying commission is
determining whether favors for lawmakers were properly
disclosed.

Correctional Services executives at their headquarters in
Sarasota, Fla., including the president, James F. Slattery,
who is to be interviewed by the lobbying commission this
week, would not comment. An Albany lawyer retained by the
company said it had done nothing wrong, and this past
weekend Mr. Green denied accepting free transportation from
the company.

But there appears to be much to examine, according to a
review of Correctional Services' ties to politicians that
drew on more than 25 interviews with officials and company
workers, as well as federal, state and campaign documents.

Campaign Duty Company employees said that at election
time, Correctional Services required many workers at its
state and federally financed halfway houses in New York
City to become foot soldiers in the campaigns of many
politicians, from former Mayor David N. Dinkins to the Rev.
Al Sharpton to lawmakers in Washington, Albany and the
city. At one Correctional Services halfway house, 17 of the
22 workers were out on the trail early one November,
according to federal records.

It might have been familiar duty for some of them:
Correctional Services had hired them because they were
relatives or friends of United States Representative
Edolphus Towns of Brooklyn, State Assemblywoman Carmen E.
Arroyo of the Bronx and numerous other officials.

Sometimes, Correctional Services, its executives and its
workers just donated directly to campaigns. They gave tens
of thousands of dollars in political contributions to
Democratic lawmakers from the city, and then, when it
seemed that Gov. George E. Pataki might scale back the
company's contracts because of a shrinking prison
population, they turned their attention to him.

For Mr. Pataki's 1998 re-election campaign, the company,
its executives and its workers gave more than $27,500 to
political committees that supported the Republican
governor, records show. At least $1,500 of those donations
went to his campaign in the names of company workers who
said in recent interviews that they themselves had never
actually donated the money.

Companies interested in doing business with the state have
long sought ways to curry favor with politicians, but
Correctional Services' activities appear to be striking
even by Albany standards.

In all, the company, which was once called Esmor, earned
more than $22 million from state contracts from 1992 to
2001, when the contracts were ended by the Pataki
administration because the space in the halfway houses was
no longer needed. The company still holds federal contracts
to run halfway houses in the city.

"The higher-ups made it very known that if it wasn't for
the political leaders and these political favors that we
were doing for them - and if we don't keep them in office -
then the company would cease to exist," recalled Richard
Ruiz, who worked for the company as a case manager and
facility manager from 1992 through 1995, just as it began
winning state contracts. "They would say that all the time:
that we had to look out for those people, for the
politicians."

Mr. Ruiz said he was dismissed by a senior company
official, Franklin Chris Jackson, after he refused to do
campaigning, and then became the lead whistleblower in the
federal investigation that has now come back to haunt both
the company and several state lawmakers.

The investigation, by the Office of the Inspector General
of the United States Justice Department, determined that
there was not enough evidence to bring federal criminal
charges, and it was closed by 1997. But state officials,
who learned of the investigation only recently, are
examining whether its findings, along with new evidence,
could warrant the filing of state criminal or civil
charges. It is also possible that the ethics committee in
the State Legislature could bring charges against
lawmakers, though critics have called the committee
toothless.

Mr. Ruiz, who is now a detective in the New York Police
Department, said prosecutors from the Albany County
district attorney's office planned to interview him.

Allegations, and Denials At the heart of the current
inquiries, investigators say, is Mr. Jackson, a former
Brooklyn school board member and political aspirant who
equipped his Lincoln Town Car with police lights and sirens
and decorated his office with photos of himself with Bill
Clinton, Mario M. Cuomo, Mr. Dinkins and other leaders. Mr.
Jackson, who got his start in politics as an aide to Mr.
Towns, ran the company's New York office as a vice
president.

"He was power-hungry, and with him, it was always the
politics first, the job second," said Nephty Cruz, a former
facility manager for the company.


Mr. Cruz recalled how he was routinely dispatched to help
campaigns distribute leaflets or collect signatures for
nominating petitions. On several occasions, he said, he and
other workers were deployed as security guards for people
like Mr. Sharpton and at events like conferences for black
and Hispanic lawmakers in Albany.

Mr. Jackson was dismissed from the company in 2000. The
state lobbying commission has subpoenaed him, but his
lawyer has told the commission that he is ill and not
available to testify. The lawyer, Gail E. Laser, did not
respond to two messages seeking comment last week.

The federal report includes testimony from workers that the
company's president, Mr. Slattery, knew about the favors
that Mr. Jackson was providing to politicians, but an
Albany lawyer retained by the company, James
Featherstonhaugh, said last week that those accounts were
inaccurate.

Mr. Slattery and other senior executives "did know that Mr.
Jackson and his predecessors were active in their
communities, and were working to keep the communities
informed of their programs," Mr. Featherstonhaugh said.
"But they certainly didn't know the things that are the
subject of the inquiries."

He added that it appeared that "Mr. Jackson was using the
company's resources maybe to advance his own political
needs and interests."

State lobbying commission officials said they have
discussed seeking a record fine of more than $250,000
against the company for Mr. Jackson's activities. The
officials said they thought that Mr. Jackson was
essentially an unregistered lobbyist who should have
disclosed his expenditures on favors for lawmakers.

Lawmakers are not subject to the lobbying laws, but rather
to separate state ethics laws that prohibit them from
accepting meals and other gifts of $75 or more if those
gifts are intended to influence decisions.

Since its genesis in the late 1980's as Esmor, the company
appears to have realized the value of political
connections. When one of its first facilities in the city,
a halfway house in Brooklyn, came under fire from residents
and local politicians who objected to it in their
neighborhood, it paid William Banks, a close associate of
Representative Towns, hundreds of thousands of dollars to
lobby them. The halfway house stayed open.

Mr. Jackson came to the company in the early 1990's, and a
few years later, when one of its detention centers for
undocumented immigrants in New Jersey became embroiled in
scandal, the company renamed itself Correctional Services
and moved its headquarters to Sarasota from New York. Mr.
Jackson continued to run the New York operations.

One of his closest relationships was with Mr. Green, whom
Mr. Jackson got to know after serving as a local Democratic
leader in Brooklyn. The federal report quotes Luis Ramos,
another Correctional Services executive, as detailing the
many favors that Mr. Ramos says Mr. Jackson provided to Mr.
Green. They included the minivan, which was leased from a
company at 26th Street and Eighth Avenue in Manhattan, as
well as the public relations aide and driver.

Mr. Ramos is quoted as saying that the use of company
workers for political favors was covered up by creating
what was called a "Community Assistance Project."

"Ramos stated that these payments and benefits were
provided to Green so that Esmor would retain the state
contracts for halfway housing in New York," the report
says.

State investigators say that among the issues they are
exploring is whether Mr. Green and other lawmakers were
reimbursed by the state for travel expenses while they were
accepting free travel from Correctional Services.

An article last month in The New York Post quoted Mr. Green
as acknowledging that he had accepted rides from the
company between Brooklyn and Albany. But on Saturday, at a
gathering of the Black and Puerto Rican Legislative Caucus
in Albany, Mr. Green disputed that account. "I never said
that," he said, adding that he had never taken free rides
from the company.

Letters of Support He and others at the conference
suggested that minority lawmakers were being unfairly
tarnished by the scandal. "I just feel that when it comes
to African-American and Latino legislators, there is guilt
by association," Mr. Green said.

Mr. Jackson's success in building ties to Albany can be
measured in letters that more than 25 Democratic state
lawmakers sent to the Pataki administration in late 1997
and 1998, praising Correctional Services and requesting
that the contracts be continued. Many of the letters, which
were similarly worded, indicate that copies were sent to
Mr. Jackson.

Despite those pleas, the administration began scaling back
the contracts as the number of prisoners in the state
system declined. The Assembly speaker, Sheldon Silver,
responding to requests from Democratic lawmakers from the
city, then used a pool of money that he controlled to
direct an additional $1.2 million in contracts over the
next two years.

Mr. Silver and other Assembly members said this decision
was made on the merits. In interviews, lawmakers, their
aides and lawyers said there was nothing improper about
their ties to Correctional Services.

Assemblyman Darryl C. Towns of Brooklyn, who sent one of
the letters and is the son of Representative Towns, said
Correctional Services had an excellent record of reaching
out to community leaders and hiring local people for its
halfway houses. Mr. Towns said he had not accepted favors
from Mr. Jackson.

He said he was not sure whether the company or its
executives had contributed to his campaigns. Campaign
records show that they have given roughly $5,000 since
1996, including a $2,000 donation from Mr. Slattery in
2000.

Karen E. Johnson, chief of staff for Congressman Towns,
said he had written federal officials on behalf of
Correctional Services, but regarding the favors for
politicians, "had no idea that any of this was going on."

Around the time that state lawmakers were writing the
letters, the company, Mr. Slattery and its workers suddenly
began donating heavily in support of Mr. Pataki, sending
$12,500 to the Republican State Committee, $10,000 to the
Conservative Party and more than $5,000 to the Pataki
campaign. Among the contributions were a spate of small
donations, ranging from $150 to $300, given in November
1998 in the names of company workers, several of whom said
they had not given the money.

"I'm not even politically affiliated," recalled Jose
Moreno, a former worker who is listed as having donated
$150.

Lisa Dewald Stoll, a spokeswoman for Mr. Pataki, said the
Pataki campaign was unaware of any such questionable
donations. She said Mr. Pataki had never spoken to either
Mr. Slattery or Mr. Jackson about contracts or
contributions. She noted that Mr. Pataki had said publicly
that any issues involving Correctional Services' lobbying
should be fully investigated.

With Mr. Jackson largely out of politics and Correctional
Services no longer in business with the state, the story of
the company's ties to lawmakers might have faded away had
it not been for an unrelated incident.

A Bronx assemblywoman, Gloria Davis, who was so close to
Mr. Jackson that he referred to her as "Mom," was charged
last year in an unrelated bribery case. In the course of
the inquiry, the Manhattan district attorney's office
learned that she had repeatedly accepted free
transportation from Correctional Services.

Among her drivers was a midlevel Correctional Services
personnel manager named Gilbert Jimenez, who said in a
recent interview that he drove her between her district and
Albany at least 30 times in 1999 alone.

He described how he would be called on the telephone or
beeped at all hours to pick up Ms. Davis in a Ford cargo
van or a Dodge Caravan minivan used to shuttle prisoners.
All the while, Ms. Davis was seeking reimbursement from the
state for her travel costs, records show.

Mr. Jimenez, who left the company over a dispute, later
became a plaintiff in a lawsuit brought by the Equal
Employment Opportunity Commission against the company. That
suit was settled out of court.

"Jackson and them - their common phrase was, `We're
untouchable,' because of their political connections,
because of who they knew," Mr. Jimenez said.

http://www.nytimes.com/2003/02/17/nyregion/17PRIS.html?ex=1046465600&ei=1&en=7829c5f675e2813f



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