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Files 9-11
U.S. Department of Justice Epstein Files Transparency Act disclosure. Datasets 9, 10, and 11 released January 30, 2026. Contains 250 PDF documents including FBI interview records (302s), victim statements, and evidence from the Epstein/Maxwell investigation.
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EFFECTIVE NOVEMBER Elements of Prohibited Acts I Elements of Prohibited Acts Elements of prohibited acts are the definitions of the conduct which constitutes commission of the prohibited acts Elements are facts which must be present in order to prove the commission of a prohibited act There are specific facts which constitute or make up each prohibited act that must be established in the record before you can find guilt or commission of the act Elements consist of four or five categories depending on the offense which must be present in order to prove commission of the prohibited act They are A Subject The inmate accused of committing the prohibited act must be properly identified and described in the description of the incident and in the specific evidence relied upon Normally the name and register number is sufficient Time Usually described as the day and hour the incident occurred Location The place or places the offense was committed Gives notice of what to defend and establishes our right to regulate the inmates conduct Act The description of the actions or conduct of the inmate which constitute the commission of the specific prohibited act This Li the most significant element and presents the most problems in definition Victim Must be described and identified in those instances where the prohibited act or offense is against another person An assault requires a victim Failing to provide a urine sample does not II Elements Determine What Offense is to be Charged A Description The description of the incident on the incident report Staff must describe in factual terms what they observed heard tasted or smelled Section I I must contain all elements of prohibited acts This description provides the Wolff notice requirement Elements of Offense Code Offense Killing Deprive of life Assaulting any person or an armed assault on the institutions secure perimeter a charge for assaulting any person at this level is to be used only when serious physical injury has been attempted or accomplished An attempt or threat to do violence to another includes battery or the unconsented touching of another Escape from escort escape from any secure or non secure institution including community confinement escape from unescorted community program or activity escape from outside a secure institution Escape departure from custody without permission or authority or before official release Setting a fire charged with this act in this category only when found topose a threat to life or a threat of serious bodily harm or in furtherance of a prohibited act of Greatest I severity e.g in furtherance of a riot or escape otherwise the charge is properly classified Code or To cause ignition or combustion includes destructive burning Possession manufacture or introduction of a gun firearm weapon sharpened instrument knife dangerous chemical explosive ammunition or any instrument used as a weapon Possess to have on ones person or under ones dominion or control Manufacture to make or fashion something Introduce to bring in from outside the institution any of the objects listed Rioting Participates with two or more other persons in a disturbance for purpose of preventing or coercing official action with actual or threats of violence Encouraging others to riot Promotes or urges others to participate in a riot Taking Hostage To take someone captive with threats to kill or harm if demands are not met Possession manufacture introduction or loss of a hazardous tool tools most likely to be used in an escape or escape attempt or to serve as weapons capable of doing serious bodily harm to others or those hazardous to institutional security or personal safety e.g hacksaw blade body armor maps handmade rope or other escape paraphernalia portable telephone pager or other electronic device Possess to have on ones person or under ones dominion or control Manufacture to make or fashion something Introduce to bring in from outside the institution any of the objects listed I Refusing to provide a urine sample refining to breath into a Breathalyzer refusing to take part on other drug abuse testing Voluntary or intentional decision not to provide a specimen of urine for testing a stated inability to provide a urine sample within reasonable time normally two hours Voluntary or intentional decision not to breathe into a Breathalyzer for alcohol or other intoxicant testing Voluntary or intentional decision not to take part in other alcohol/intoxicant testing/drug abuse testing as required Introduction or making of any narcotics marijuana drugs alcohol intoxicants or related paraphernalia not prescribed for the individual by the medical staff Introduce to bring in from outside the institution Making to make or construct any narcotics drugs alcohol intoxicants or related paraphernalia Use of any narcotics marijuana drugs alcohol intoxicants or related paraphernalia not prescribed for the individual by the medical staff To be seen using or testing positive for the use of any narcotics marijuana drugs alcohol intoxicants that has not been prescribed for the individual by the medical staff Possession of any narcotics marijuana drugs alcohol intoxicants or related paraphernalia not prescribed for the individual by the medical staff To possess means to have on ones person or under ones dominion or control of the hard contraband identified Sexual assault of any person involving non consensual touching by force or threat of force Sexual assault includes the unconsented intimate physical contact with another person which includes an attempt or threat of physical violence Destroying and/or disposing of any item during a search or attempt to search Includes throwing items away from staff or flushing items when a search is being conducted or attempting to conduct a search Use of the mail for an illegal purpose or to commit or further a Greatest category prohibited act Use of the mail to commit or aid in the commission of a crime or a Greatest category prohibited act Use of the telephone for an illegal purpose or to commit or further a Greatest category prohibited act Using the telephone to commit or aid in the commission of a crime or a Greatest category prohibited act Interfering with a staff member in the performance of duties most like another Greatest category prohibited act This charge is to be used only when another charge of Greatest severity is not accurate The offending conduct must be charged as most like one of the listed Greatest categories prohibited acts Interfering to hamper hinder or disturb a staff member performing his duties Must be related to level activities Code Conduct Conduct which disrupts or interferes with the orderly running of the institution or the Bureau of Prisons most like another Greatest category prohibited act This charge is to be used only when another charge of Greatest severity is not accurate The offending conduct must be charged as most like one of the listed Greatest categories prohibited acts Any act of Greatest Severity level which is not specifically described in other prohibited acts listed above but which causes disorder or turmoil in the operation of a prison HHIIH Offense Elements Escape from a work detail non secure institution or other non secure confinement including community confinement with subsequent voluntary return to the Bureau of Prisons custody within four hours Departure from custody without permission or authority or before release includes failure to follow instructions of staff as to the limits of the activity or commission of an act which prevents the inmate from returning at the time and place prescribed such as an arrest based on probable cause and the inmate voluntarily returns within four hours Fighting with another person A light is a hostile physical or verbal encounter or engagement between two or more persons Threatening another with bodily harm A communication of an intent to inflict physical or other harm on any person or on property Extortion blackmail protection demanding or receiving money or anything of value in return for protection against others to avoid bodily harm or under threat of informing To obtain anything of value from another induced by the wrongful use of actual or threatened force violence or fear Engaging in sexual acts Take part in intimate physical contact with self or another Making sexual proposals or threats to another Offering or encouraging another to engage in a sexual act or in intimate physical contact a threat is a communicated intent to inflict physical or other harm on the person or on property Wearing a disguise or a mask Have on ones face or other portion of ones body an item which conceals changes or alters identity or appearance Possession of any unauthorized locking device or lock pick or tampering with or blocking any lock device includes keys or destroying altering interfering with improperly using or damaging any security device mechanism or procedure Possess have on ones person or have under ones control Tamper to meddle with for purpose of altering destroying etc Adulteration of any food or drink Adulterate to debase or make impure Possessing any officers or staff clothing Possess have on ones person or have under ones control or dominion Code Offense Elements Engaging in or encouraging a group demonstration To participate or promote others to participate with two or more persons gathering together to support a cause Encouraging others to refuse to work or to participate in a work stoppage To promote or urge other inmates to refuse to work or participate in a work stoppage Giving or offering an official or staff member a bribe or anything of value Bribe giving something of value to persuade or induce favor or action Giving money to or receiving money from any person for the purpose of introducing contraband or any other illegal or prohibited purpose Contraband anything an inmate is not permitted to have in his possession i.e not issued or not authorized to retain Destroying altering or damaging government property or the property of another person having a value in excess of or destroying altering damaging life safety devices e.g fire alarm regardless of financial value The value applies to both government and personal property othenvise it is a Code offense Stealing theft including data obtained through the unauthorized use of a communications device or through unauthorized access to disks tapes or computer printouts or other automated equipment on which data is stored Stealing to take or appropriate the property of another without permission or right Demonstrating practicing or using martial arts boxing except for use of a punching bag wrestling or other forms of physical encounter or military exercises or drill except for drill authorized by staff Martial refers to war or warlike we prohibit all but punching a bag because this conduct may be mistakenly perceived as fighting or may precipitate disruption or a disturbance It also encourages militant group behavior which is inconsistent with security Being in an unauthorized area with a person of the opposite sex without staff permission An area may be unauthorizedbecause of a written rule an oral order or direction by staff or because of circumstances The person of the opposite sex refers to inmates or visitors not staff A prohibited act described to cover a situation where two inmates of opposite sex at co correctional institution are discovered in an inappropriate area but before there is any evidence of sexual intent or content Code Offense Elements Assaulting any person a charge at this level is used when less serious physical injury or contact has been attempted or accomplished by an inmate Sec Code Assault is an attempt or threat to do violence to another and includes battery or the unconsented touching of another Stalking another person through repeated behavior which harasses alarms or annoys the person after having been previously warned to stop such conduct A documented pattern of repeated behavior which harasses alarms or annoys a person after being ordered or previously warned to cease such conduct Possession of stolen property To have in ones possession control or domain any stolen item Refusing to participate in a required physical test or required examination unrelated to testing for drug abuse e.g DNA HIV tuberculosis Voluntary or intentional decision not to take part in a required physical test or examination unrelated to drug abuse or alcohol testing Tattooing or self mutilation To put indelible patterns on the skin to injure disfigure or make imperfect by removing or irreparably damaging parts of the body wrist cutting falls within this offense Sexual assault of any person involving non consensual touching without force or threat of force Sexual assault includes the unconsented intimate or non sexual physical contact with another person which does not include a threat of physical violence Requesting demanding pressuring or otherwise intentionally creating a situation which causes an inmate to produce display his/her own court documents for any unauthorized purpose to another inmate Requesting demanding pressuring or otherwise intentionally creating a situation which causes an inmate to produce or display his/her own court documents for any unauthorized purpose to another inmate Use of the mail for abuses other than criminal activity which circumvent mail monitoring procedures e.g use of the mail to commit or further a High category prohibited act special mail abuse writing letters in code directing others to send sending or receiving a letter or mail through unauthorized means sending mail for other inmates without authorization sending correspondence to a specific address with directions or intent to have the correspondence sent to an unauthorized person Use of the mail in violation of the policy on mail regulations which circumvents mail monitoring procedures Code Offense Use of the telephone for abuses other than criminal activity which circumvent the ability of staff to monitor frequency of telephone use content of the call or the number called or to commit or further a High category prohibited act Using the telephone in violation of the policy on telephone regulations which circumvents telephone monitoring procedures Interfering with a staff member in the performance of duties most like another High severity prohibited act This charge is to be used only when another charge of High severity is not accurate The offending conduct must be charged as most like one of the listed High severity prohibited acts See Code Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons most like another High Severity prohibited act This charge is to be used only when another charge of High severity is not accurate The offending conduct must be charged as most like one of the listed High severity prohibited acts See Code Code Offense Elements Indecent Exposure Indecent means offending against recognized standards of propriety exposure means to display non accidental display of genitals Misuse of authorized medication To use authorized/prescribed medication in a manner contrary to instructions Possession of money or currency unless specifically authorized or in excess of the amount authorized Possess to have on ones person or under ones control Loaning of property or anything of value for profit or increased return To grant temporary use for the purpose of gaining money or an advantage Possession of anything not authorized for retention or receipt by the inmate and not issued to him through regular channels To possess means to have on ones person or under one dominion or control although notice of what constitutes contraband generally is presumed look to policies rules procedures and law to establish where reasonably questioned Refusing to work or accept a program assignment Declining or expressing a determination not to perform assigned tasks also includes program assignments like general population and educational classes Refusing to obey an order of any staff member may be categorized and charged in terms of greater severity according to the nature of the order being disobeyed e.g failure to obey an order which furthers a riot would be charged as Code Fighting refusing to provide a urine sample when ordered would be charged as Declining or expressing a determination not to follow commands instructions and restrictions of a BOP employee and others placed in a position of authority by a BOP employee Violating a condition of furlough To break or fail to follow rules listed on the furlough form Violating a condition of a community program Failure to follow established rules other than those set forth on furlough papers usually Cs Unexcused absence from work or any program assignment Not at an assigned placed at a certain time Failing to perform work as instructed by the supervisor Similar to use when specific orders of the work supervisor are violated Insolence towards a staff member Contemptuously rude or impertinent in behavior or speech toward a staff member Lying or providing a false statement to a staff member Self-explanatory offense must disrupt security order or discipline Code Offense Elements Counterfeiting forging or unauthorized reproduction of any document article of identification money security or official paper may be categorized in terms of greater severity according to the nature of the item being reproduced e.g counterfeiting release papers to affect escape Code Self-explanatory offense as described Participating in an unauthorized meeting or gathering To take part in meeting or gathering of inmates without staff permission Being in an unauthorized area without staff authorization Located in a place that an inmate is forbidden to be in because of orders policies or established procedures Failure to follow safety or sanitation regulations including safety regulations chemical instructions tools MSDS sheets OSHA standards Nonperformance of established rules concerning safety and sanitation Using any equipment or machinery without staff authorization Self-explanatory offense as described Using any equipment or machinery contrary to instructions or posted safety standards Similar to specifically covers use of equipment or machinery Failing to stand count Absent during count or failing to stand up during count Interfering with the taking of count Any action which hampers or inhibits staff from taking a count other than those actions listed in Code Gambling To play any game of chance for stakes Preparing or conducting a gambling pool See Code to be used where evidence establishes the inmate is responsible for setting up or running the game of chance Possession of gambling paraphernalia See Code where evidence only shows possession of gambling items but not used in a game Unauthorized contacts with the public Self-explanatory offense to be used where an inmate needs permission to contact someone outside the institution Giving money or anything of value to or accepting money or anything of value from another inmate or any other person without staff authorization Self-explanatory offense as described See also Code where evidence shows the purpose of giving is for introducing contraband or other illegal purpose Code Offense Elements Destroying Altering or Damaging Government Property or the Property of Another Person Having a Value of or Less Self-explanatory offense see Code for higher severity offense for value more than Being Unsanitary or Untidy Failing to Keep Ones Person and Ones Quarters in Accordance with Posted Standards Self-explanatory offense used where living area is unclean or not maintained in an acceptably clean and tidy manner Possession Manufacture or Introduction of a nonhazardous tool or other Non Hazardous Contraband tool not likely to be used in an escape attempt or to serve as a weapon capable of doing serious bodily harm to others or not hazardous to institutional security or personal safety other nonhazardous contraband includes such items as food or cosmetics Self-explanatory offense see Code for description of possession manufacture or introduction See also Code for greater severity offense Smoking where prohibited Smoking in an area that is designated by policy to be a non smoking area Fraudulent or deceptive completion of a skills test e.g cheating on a GED or other education or vocational skills test Self-explanatory offense used when cheating on an educational or vocational test Conducting a business conducting or directing an investment transaction without staff authorization To direct engage carry on an occupation profession or trade Occupation means the persons usual or principal work A profession usually refers to an occupation which requires extensive education Trade refers to buying selling or exchanging commodities or other items Communicating gang affiliation participating in gang related activities possession of paraphernalia indicating gang affiliation Used when an inmate is wearing clothing items etc to show gang affiliation making hand signals etc Use other higher and greater severity codes when behavior involves fighting assaults and group demonstrations Circulating a petition Circulating a petition to protest conditions or to effect a change of some sort Use of the mail for abuses other than criminal activity which do not circumvent mail monitoring or use of the mail to commit or further a Moderate category prohibited act Use of the mail in violation of policy which does not circumvent mail monitoring procedures Use of telephone for abuses other than illegal activity which do not circumvent the ability of staff to monitor frequency of telephone use content of the call or the number called or to commit or further a Moderate category prohibited act Use of the telephone in violation of policy which does not circumvent telephone monitoring procedures Code Code Offense Elements Malingering Feigning Illness Malingering means to feign illness Using Abusive or Obscene Language Using coarsely insulting indecent or lewd language Conduct with a Visitor in Violation of Bureau Regulations Inappropriate actions with a visitor after notice of written rule would include excessive sexual contact short of engaging in a sex act Code Unauthorized Physical Contact Unacceptable physical contact usually with another inmate see also Code Engaging in Sexual Acts and Code for visitor related activities Interfering with a Staff Member in the Performance of Duties Most Like Conduct must be of the Low Moderate severity nature This charge is to be used only when another charge of low moderate severity is not applicable See Code Conduct which Disrupts or Interferes with the Security or Orderly Running of the Institution or the Bureau of Prisons Most Like Conduct must be of the Moderate severity nature This charge is to be used only when another charge of moderate severity is not applicable See Code
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