oversight

Department of Veterans Affairs | Hines, IL | 18-27 | Whistleblower Comments

Published by the Office of Special Counsel on 2018-07-12.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

                            DEPARTMENT OF VETERANS AFFAIRS
                                  WASHINGTON DC 20420



                                          May 4, 2018




The Honorable Henry Kerner
Special Counsel
U.S. Office of Special Counsel
1730 M Street, NW, Suite 300
Washington, DC 20036

       Re: OSC File No. Dl-17-4244

Dear Mr. Kerner:

       I am responding to your September 29, 2017, letter to the Department of
Veterans Affairs regarding allegations made by a whistleblower at the Edward Hines,
Jr. VA Hospital (hereafter, the Medical Center), in Hines, Illinois, that a VA Police Officer
may have abused his authority. The Secretary has delegated to me the authority to
sign the enclosed report and take any actions deemed necessary as referenced in 5
United States Code§ 1213(d)(5).

      The Office of the Deputy Under Secretary for Health for Operations and
Management directed a VA team to conduct an investigation. The team did not
substantiate either of the whistleblower's two allegations and made one
recommendation to the Medical Center.

       Thank you for the opportunity to respond.




                                           Peter M. Rourke
                                           Chief of Staff

Enclosure
DEPARTMENT OF VETERANS AFFAIRS
        Washington, DC


           Report to the
     Office of Special Counsel
    OSC File Number Dl-17-4244




 Department of Veterans Affairs (VA)
    Edward Hines Jr. VA Hospital
           Hines, Illinois




     Report Date: April 25, 2018



           TRIM 2018-0-1001
                             EXECUTIVE SUMMARY

  The Deputy Under Secretary for Health for Operations and Management
  requested that a Veterans Health Administration (VHA) Senior Security Officer
  assemble and lead a Department of Veterans Affairs (VA) team to investigate
  allegations lodged with the Office of Special Counsel (OSC) about the Edward
  Hines Jr. VA Medical Center (the Medical Center), Hines, Illinois.
~ who consented to the release of her name, alleged that
-                     VA Police Officer, received education benefits in a manner
  not supported by VA p o l i ~ n the whistleblower challenged the approval
  of those benefits, Officer-           retaliated against her by arresting her for
  unpaid parking tickets. The VA team visited the facility on January 1-3, 2018.

Specific Allegations of the Whistleblower

•   Officer                    received education benefits in a manner not
    supported by VA policy, and when the whistleblower challenged the approval
    of the education benefits, Officer- -etaliated, abusing his authority.

•   Officer -          improperly arrested the whistleblower for unpaid parking
    tickets on VA property, notwithstanding the available information indicating
    that the whistleblower's parking tickets were being held in abeyance.

We substantiated allegations when the facts and findings supported that the
alleged events or actions took place and did not substantiate allegations when
the facts and findings showed the allegations were unfounded. We were not
able to substantiate allegations when the available evidence was not sufficient
to support conclusions with reasonable certainty about whether the alleged event
or action took place.

After careful review of the complaint, we make the following conclusions and
recommendations.

Conclusions to Allegation 1 :

•   We do not substantiate the allegation that Office~ -          received
    education benefits in a manner not supported by VA policy, or that he
    retaliated against the whistleblower when she challenged such benefits.

•   Office             training activities were authorized via VA Local Form (LF)
    152, Request for Continuing Education and Training, and subsequent tuition
    reimbursement following his successful completion of the course.

•   The Medical Center Director (MCD) approved Officer                 training
    activities, including 2 weeks of authorized absence.


                                         ii
•   Per Medical Center policy, the Medical Center's Police Service delegates
    responsibility for seeking non-VA training to individual officers, who must
    communicate and coordinate their requests with the Education Office.

•   There was no evidence that Officer -             had direct contact with the
    whistleblower prior to her arrest, or that he was retaliating against her when
    he carried out a Court-ordered arrest for her failure to obey two summonses.

Recommendation to the Medical Center:

1. The Chief of Police should designate a liaison to handle training and
   education requests submitted to the Education Office, to eliminate the
   potential for a conflict of interest between officers in the Police Service and
   Education Specialists. For officers to remain independent and objective, they
   should not have to communicate directly with Education Specialists.

Conclusions to Allegation 2:

•   We do not substantiate that Office               improperly arrested the
    whistle blower.

•   As the Court Liaison for the Police Service at the Medical Center, Officer
               must coordinate and communicate with local, state, and Federal
    court systems on all matters requiring police intervention on the Medical
    Center's campus.

•   Authorization for the arrest of the whistleblower was a bench warrant issued
    by a U.S. Magistrate Judge of the United States District Court.

•   The U.S. Magistrate Judge clearly explained in writing, on at least three
    occasions, that the whistleblower, as a defendant in a criminal proceeding,
    does not have the right to refuse a Federal Court summons.

•   The U.S. Attorney assigned to this case informed the whistleblower's legal
    counsel that the bankruptcy proceeding did not excuse his client from
    appearing in Federal Court.

Recommendation to the Medical Center:

None.

Conclusion Related to the Additional Allegations:

•   Notification of the VA Secretary is mandated by VA Directive 0321, Serious
    Incident Reports, when an employee is arrested.


                                         Hi
•   No evidence was found that Office               ad arrested any other VA
    personnel for parking violations.
•   Court-issued bench warrants for employee arrests are carried out by VA
    Police who are acting as agents of the Court and must follow its guidance.

Recommendation to the Medical Center:

None.

Summary Statement

We have developed this report in consultation with other VA and VHA offices to
address OSC's concerns that an employee at the Medical Center engaged in
conduct that may constitute an abuse of authority. In particular, the Office of
General Counsel has provided a legal review, the Deputy Under Secretary for
Health for Operations and Management has provided a technical review, and the
National Center for Ethics in Health Care has provided a health care ethics
review. We found a violation of VA Directive 0321, Serious Incident Reports,
governing notification of the VA Secretary when an employee is arrested.




                                        iv
                                              Table of Contents

Executive Summary ...................................................................................................... ii

I. Introduction............................................................................................................... 1

II. Facility Profile .......................................................................................................... 1

Ill. Specific Allegations of the Whistleblower ............................................................... 1

IV. Conduct of Investigation ......................................................................................... 2

V. Findings, Conclusions, and Recommendations ...................................................... 2

VI. Additional Allegations in OSC's March 6, 2018 Email Correspondence ................ 7

VII. Summary Statement ............................................................................................. 8

Attachment A: Training Documents ............................................................................. 9

Attachment B: Emails from U.S. Attorney ................................................................... 17

Attachment C: Tickets Issued to Defendant ............................................................... 19

Attachment D: Summonses, Warrants, and Orders ...................................................20

Attachment E: Second Officer's Report ......................................................................25

Attachment F: One-Day Release of Defendant ..........................................................27

Attachment G: Agreement and Consent.. ...................................................................28

Attachment H: Use of Force Review ..........................................................................34




                                                           V
I.   Introduction

The Deputy Under Secretary for Health for Operations and Management
requested that a Veterans Health Administration (VHA) Senior Security Officer
assemble and lead a Department of Veterans Affairs (VA) team to investigate
allegations lodged with the Office of Special Counsel (OSC) about the Edward
Hines Jr. VA Medical Center (the Medical Center), Hines, Illinois. -
 the whistleblower who consented to the release of her name, al~
                    VA Police Officer, received education benefits in a manner
not supported by VA poli~              n the whistleblower challenged the approval
of those benefits, Officer-           retaliated against her by arresting her for
unpaid parking tickets. The VA team visited the facility on January 1-3, 2018.

II. Facility Profile

The Medical Center is 12 miles west of downtown Chicago, on a 147-acre
campus, where it offers primary, extended, and specialty care, and serves as
Veterans Integrated Service Network (VISN) 12's southern tier hub for pathology,
radiology, radiation therapy, human resource (HR) management, and fiscal
services. It currently operates 483 beds and 6 Community-Based Outpatient
Clinics in Kankakee, Hoffman Estates, Oak Lawn, Aurora, LaSalle, and Joliet,
Illinois. Over 800,000 patient visits occurred in fiscal year (FY) 2015, and the
Medical Center provided care to over 59,000 Veterans, primarily from Cook,
DuPage, and Will Counties.

The Medical Center also serves as the site for numerous other VA operations:
the Great Lakes Health Care SystemNISN 12 Product Lines, a Consolidated
Mail-Order Pharmacy, an Office of Resolution Management, an Information
Technology Center, an Office of Research Oversight, a Pharmacy Benefits
Management Center, a Service and Distribution Center, a National Acquisition
Center, an Office of Chief Counsel, a field office of the Office of Information, and
an Office of the Inspector General.

Ill. Specific Allegations of the Whistleblower

•    Office~           received education benefits in a manner not supported by
     VA policy, and when the whistleblower challenged the approval of the
     education benefits, Officer m l l l retaliated, abusing his authority.

•    Officer-           improperly arrested the whistleblower for unpaid parking
     tickets on VA property, notwithstanding the available information indicating
     that the whistleblower's parking tickets were being held in abeyance.
IV. Conduct of Investigation

The investigation team consisted of                   Acting Senior Security
Officer for VHA, and                   Special Agent in Charge, Criminal
Investigation Division for the VA Office of Security and Law Enforcement. We
conducted an e - a n u a r y 2, 2018, with the Medical Center
Director (MCD),llllllllllllllland interviewed the following staff members
in person or via phone:

                VA Chief of Police
                      MCD
                  Education Specialist
                    VA Police Officer
                  VA Police Officer
                     VA Police Officer

On January 3, 2018, we held an exit briefing with the MCD.

V. Findings, Conclusions, and Recommendations

Allegation 1:

Officer-            received education benefits in a manner not supported by VA
policy, and when the whistleb/ower challenged the approval of the education
benefits, Officer -          retaliated, abusing his authority.

The whistleblower is a                                      who reviews
education documents as part of her duties. In response to an inquiry from a
timekeeper in VA Police Service, questioning the merits of Officer
requested training at the Cook County Sherriff's Police Academy and whether
"authorized absence" was proper, the whistleblower evaluated this training and
questioned whether the officer should have received the benefit and should have
been paid for "authorized absence" through VA's time and attendance system.
We were told that she suspected a cover up of illegal approvals and forwarded
her concerns to the Chief of Police to review. She admitted to us that her
concerns were based on hearsay and that she was not directly aware of what
leave the officer had been granted.

Officer-            told us that he was presented with an opportunity to take
additional training, so he used VA Local Form (LF) 152, Request for Continuing
Education and Training, to request authorization to take a class not offered
through VA, and to request reimbursement of the cost of tuition for the class
(Attachment A). Once this training was approved, he sought additional approval
for authorized absence for the 2 weeks of the course, explaining that he had
received approval from the Chief of Police, through the chain of command to the
MCD, for the requested training. Officer-             attended the course, while on

                                         2
authorized absence, and was subsequently fully reimbursed by the Medical
Center for the $900 tuition expense.

Approvals for education benefits require signatures of a first-line supervisor,
Service Chief, Service Line Manager or Designee, and the Chief, Education
Service or Designee. According to the t r a ~ t s documents we reviewed,
the appropriate officials endorsed Officer -            training. Form LF 152
describes the approving officials by name, title, an- si nature authority
(Attachment A). The MCD confirmed that Officer                    requests for
training, reimbursement, and 2-week authorized absence were fully supported by
VA Police.

According to OSC's referral, the whistleblower feels that Officer _
retaliated against her for questioning his training and education benefits, as well
as the authorized absence he received to take a non-VA course, by arresting her
for unpaid parking violations. The whistleblower also voiced concerns about
what she perceived to be the heavy-handed manner in which Officer-
arrested her. According to the officer, he did not know the whistleblower, had no
contact with her prior to her arrest, and was unaware that she had questioned his
training request. We found no evidence to the contrary. In fact, no one we
spoke to was aware of any contact between these two individuals, either in
person, via telephone or email. From all indications, the whistleblower's
concerns about this officer's training were never communicated to him prior to
her arrest.

Conclusions to Allegation 1 :

•   We do not substantiate the allegation that Officer -          received
    education benefits in a manner not supported by VA policy, or that he
    retaliated against the whistleblower when she challenged such benefits.

•   Office, - .training activities were authorized via VA LF 152, Request
    for Continuing Education and Training, and subsequent tuition and
    reimbursement following successful completion of the course.

•   The MCD approved Officer                 training activities, including 2 weeks
    of authorized absence.

•   Per Medical Center policy, the Medical Center's Police Service delegates
    responsibility for seeking non-VA training to individual officers, who must
    communicate and coordinate their requests with the Education Office.

•   As further discussed below, we found no evidence that Officer-             had
    direct contact with the whistleblower prior to her arrest, or that he was
    retaliating against her when he carried out a Court-ordered arrest for her
    failure to obey two summonses.

                                         3
Recommendation to the Medical Center:

1. The Chief of Police should designate a liaison to handle training and
   education requests submitted to the Education Office, to eliminate the
   potential for a conflict of interest between officers in the Police Service and
   Education Specialists. For officers to remain independent and objective, they
   should not have to communicate directly with Education Specialists.

Allegation 2:

Office, m a improperly arrested the whistleb/ower for unpaid parking
tickets on VA property, notwithstanding the available information indicating that
the whistleb/ower's parking tickets were being held in abeyance.

According to OSC's referral, the whistleblower feels that Officer _
retaliated against her for questioning his training and education benefits, as well
as the authorized absence he received to take a non-VA course, by arresting her
for unpaid parking violations. She also voiced concern about what she perceived
to be the heavy-handed manner in which he arrested her. According to the
officer, he did not know the whistleblower, had no contact with her prior to her
arrest, and was unaware that she had questioned his training request.

At the time of her arrest, the whistleblower was in the middle of a bankruptcy
proceeding in the United States Bankruptcy Court. VA was listed as a creditor on
her bankruptcy disclosure form, and her legal counsel advised her not to pay, or
appear in court, for unpaid parking fines received on VA property, because these
would be held in abeyance until the final resolution of her bankruptcy was
determined. Following the whistleblower's failure to appear before United States
District Court (Court) on July 11, 2016, to answer to five unpaid parking
violations, Assistant U.S. Attorney-           wrote to her legal counsel,
                 on July 22, 2016, to inform him that the bankruptcy proceeding
did not release the whistleblower from her obligation to appear, stating:

      I represent the United States with respect to                 federal violation
      notices. Any future correspondence regarding these matters should be
      directed to me. These violations are criminal matters, not civil debt
      collection. The filing of a bankruptcy petition does not prevent the United
      States from proceeding with enforcement of the tickets that includes an
      adjudication of guilt or innocence. The bankruptcy filing only prevents the
      United States from seeking to collect any fine or money judgment imposed
      as a result of such a proceeding. 11 U.S.C. Section 362(b)(1) provides
      that the filing of a bankruptcy petition does not operate as a stay of the
      commencement or continuation of a criminal action or proceeding against
      the debtor. The many tickets                 has chosen to disregard are
      criminal matters. 11 U.S.C. Section 362(b)(4) further provides that the
      filing of a bankruptcy petition does not operate as a stay... under


                                         4
          paragraph (1 ), (2), [or] (3) ... of subsection (a) of this section, of the
          commencement or continuation of an action or proceeding by a
          governmental unit. .. to enforce such governmental unit's police and
          regulatory power, including the enforcement of a judgment other than a
          money judgment, obtained in an action or proceeding by the governmental
          unit to enforce such governmental units ... police or regulatory power. 11
          U.S.C. Section 362(b)(4).

The email also indicated that the whistleblower was again required to appear in
Court, per Judge Cox's orders, on August 30, 2016 (Attachment 8).

As the Court Liaison for the Medical Center, Officer -            must coordinate
and communicate with the local, state, and Federal court systems on all matters
requiring police intervention occurring on the Medical Center's campus. Five of
these legal matters were parking violations and unpaid tickets of the
whistleblower, none of which were issued by Officer -             . Our
investigation also discovered that the whistleblower had received 12 parking
tickets over a 5-year period beginning in 2011 (Attachment C). As VA facilities
are Federal property, legal violations occurring there, including parking tickets,
are Federal cases and are automatically reported to the Central Violations
Bureau (Bureau) in San Antonio, Texas, as are verifications of payment. When
tickets remain unpaid, the Bureau's processing center forwards them to the local
Federal court. On July 22, 2016, U.S. Magistrate Judge, Susan E. Cox, issued to
the whistleblower a notice including the following language:

          Defendant failed to appear after being served with summons to appear
          before the court on July 11, 2016 with regard to U.S. District Court
          Violation numbers 3828721, 3219895, 4830000, 4829648, 4828644. The
          Court is aware that the defendant currently has a personal bankruptcy
          petition pending in the Bankruptcy Court for the Northern District of Illinois.
          Defendant is advised that her pending bankruptcy does not prevent the
          Court from adjudicating her guilt or innocence with respect to federal
          misdemeanor violations, nor does it excuse her from appearing in Court
          when ordered to appear. See 11 U.S.C. Section 362(b)(1). Defendant is
          ordered to appear on August 30, 2016, at 10 a.m. in Courtroom 1025,
          Everett McKinley Dirksen Federal Building, 219 South Dearborn Street,
          Chicago, Illinois. If defendant fails to appear at that time, a warrant will be
          issued for her arrest.

On August 31, 2016, the whistleblower again failed to appear in Court as
directed. 1 This order clearly acknowledges the bankruptcy proceeding and its
significance and warns that if the defendant fails to appear, a warrant will be
issued for her arrest (Attachment D). Due to the whistleblower's inaction, Judge
Cox issued a bench warrant for her arrest, specifying that the arrest was to be
conducted by VA police:

1   Appearance rescheduled from August 30, 2016, in an August 9, 2016, notice from the Court.

                                                     5
       Defendant failed to appear after being served with summons and ordered
       to appear before the court on August 31, 2016, with regard to U.S. District
       Court Violation numbers 4828706, 4828721, 3219895, 4830000, 4829648,
       and 4828644. The Court is aware that the defendant currently has a
       personal bankruptcy petition pending in the Bankruptcy Court for the
       Northern District of Illinois. Defendant was previously advised that her
       pending bankruptcy does not prevent the Court from adjudicating her guilt
       or innocence with respect to federal misdemeanor violations, nor does it
       excuse her from appearing in the Court when ordered to appear. Based
       on defendant's failure to appear in response to the summons, the Clerk's
       office is directed to issue a warrant for her arrest. The warrant is not to be
       given to the United States Marshals Service for execution. Instead, the
       U.S. Attorney's Office is directed to coordinate with Hines VA Police to
       execute the warrant so that defendant is brought before the Court on the
       same date the warrant is executed.

The warrant was issued to Office~              as Court Liaison. Per information
received from this officer, the arr~~         e scheduled for a time when
Judge Cox would be available to talk to the whistleblower, which was
November 30, 2016. On that date, Officers -              and
executed the warrant, arresting the whistleblower and escorting her to the Court.
The Chief of Police informed us that he was aware of the scheduled detainment.
The whistleblower notes that Officer -           double handcuffed her hands
behind her back, using both his and Officer-           handcuffs. According to
Officer -         statement, this "double cuffing" was for the purpose of linking
the two sets together to increase the distance between the whistleblower's wrists
for her comfort (Attachment E). The whistleblower complained of pain, and
received ambulance transport to a hospital for examination. Magistrate Judge
Michael T. Mason issued a court order that day for her 1-day release for medical
exigencies (Attachment F). The whistleblower was released that day after
examination in an Emergency Department.

On December 1, 2016, the whistleblower appeared before Judge Mason, who
quashed the bench warrant and released her. The whistleblower returned to
Court on March 14, 2017, for a status hearing, at which time she consented to
pay fines for the parking violations, as well as a processing fee. The criminal
case was closed on August 31, 2017 (Attachment G).

The investigative team asked the VA Office of Security and Law Enforcement to
review the whistleblower's arrest to ensure that it was legally and technically
executed. Their report can be found in Attachment H.

Conclusions to Allegation 2:

•   We do not substantiate that Officer -            improperly arrested the
    whistleblower.

                                         6
•   As the Court Liaison for the Police Service at the Medical Center, Officer
    -          must coordinate and communicate with local, state, and Federal
    court systems on all matters requiring police intervention on the Medical
    Center's campus.

•   Authorization for the arrest of the whistleblower was a bench warrant issued
    by a U.S. Magistrate Judge of the United States District Court.

•   The U.S. Magistrate Judge clearly explained in writing, on at least three
    occasions, that the whistleblower, as a defendant in a criminal proceeding,
    does not have the right to refuse a Federal Court summons.

•   The U.S. Attorney assigned to this case informed the whistleblower's legal
    counsel that the bankruptcy proceeding did not excuse his client from
    appearing in Federal Court.

Recommendation to the Medical Center:

None.

VI. Additional Allegations in OSC's March 6, 2018, Email Correspondence

Your December 19, 2017, email correspondence quotes VA that "proper
notification procedures of an employee arrest were not completed as required by
VA Directive 0321," Serious Incident Reports, June 2, 2012. Upon further review
of this Directive, we have determined that its primary purpose is to alert the VA
Secretary when high-interest incidents (such as employee arrests), significant
events, or a critical or sensitive matter occur at a VA facility, including those that
are likely to result in National media or Congressional attention. There is no
provision in the Directive for notifying an employee who is facing an arrest. While
VA Police were acting as agents of the Court, they could have properly executed
the warrant and at the same time, provided the necessary notification to the VA
Secretary. VA Police's noncompliance with this Directive did not materially
change the facts of this case nor did it have any effect on the whistleblower.

The December 19 email also states, "new information received that the same
type of arrest occurred involving a nurse related to the outstanding parking
tickets executed by the officer in question." We have investigated this matter
further and found no evidence of any other employee being arrested by Officer
            or any other officer, for unpaid parking tickets. We also found no
evidence of any grievances filed against this Officer related to his conduct on the
Medical Center's Police Service. The whistleblower talked to the Equal
Employment Opportunity (EEO) office about a complaint she had intended to file
against the Officer, but never followed up on it, and EEO officials have taken no
action.



                                          7
With respect to the January 4, 2018, email correspondence, in which VA is
quoted as saying, "it's not typical that warrants are solicited by VA Police through
the Federal Court System for unpaid tickets on VA property," we believe that this
statement was erroneous. As we documented earlier in the report, VA Police are
not responsible for reporting unpaid parking tickets to the Court; this notification
is an automatic process triggered by parking tickets remaining unpaid at the
Central Violations Bureau, in San Antonio, Texas. Further, there is no threshold
number for unpaid parking tickets being reported; a single unpaid ticket will be
transmitted to the Court.

Conclusion Related to the Additional Allegations:

•   Notification of the VA Secretary is mandated by VA Directive 0321, Serious
    Incident Reports, when an employee is arrested.

•   No evidence was found that Officer              had arrested any other VA
    personnel for parking violations.

•   Court-issued bench warrants for employee arrests are carried out by VA
    Police who are acting as agents of the Court and must follow its guidance.

Recommendation to the Medical Center:

None.

VII. Summary Statement

We have developed this report in consultation with other VA and VHA offices to
address OSC's concerns that an employee at the Medical Center engaged in
conduct that may constitute an abuse of authority. In particular, the Office of
General Counsel has provided a legal review, the Deputy Under Secretary for
Health for Operations and Management has provided a technical review, and the
National Center for Ethics in Health Care has provided a health care ethics
review. We found a violation of VA Directive 0321, Serious Incident Reports,
governing notification of the VA Secretary when an employee is arrested.




                                         8
        LF-152
                       Attachment A: Training Documents

                REQIJEST FOR CONTINUING EDUCATION AJ
                                                                                              ___   1
                                                                                                      ----- --
                                                                                                        .    ........ . .

                                                                                              ,D, ~N,..O \ 4 "',
                                                                                                                                 .            -

                   Edward Hines, Jr. VA Hospital, Hines, It.. 8014                             .ll ;j: ,.,.~ ., . . -;;                           1
1. REauESTOR INFORMATION                              REQUEST                                 L~- \'-, 1                    f;   t   ~ ~.-,       J.::,
                                          Police Services




                                                                                                            -
                                                                                                            Mall Routa



                                                                                                            ZI
                                                     Police Officer
~                                                                                 Full Time

                                                                                  Part Time
                                                                                              181
                                                                                              O             Temponiry                  0
 Last 4 DI its SSN

 TIUe of Program/Semlnar/Cqurae                                     Registration/Tuition Cost
 (CopyDfP1q111m~mustbe aa.dled.)
 SUpan,lslon of Police Personnel                                    S 9DD.OO


                                                     Location or PJ"bCltam/SemlnarJCouns• -·
                 12/11(2015                          Cook County Sheriffa Ponca Academy
 Name and Malling Address of Training Vendor




3. APPROVAL STATUS: flRBT LIN& SUPERVISOR
  Check Decision:                                         0     Reconvnend Disapproval

  Slgnatu                                                 Date 09/09/2015            Phone Ext. 27199



  SEJMCE CHIEF/SERVICE LINE MANAGER ORDcSIGNEE.
                                                            Recommend Dlsa

Signature -

 CHIEF, EDUCATION SERVICE OR De&IGNa;
Funding:                     0      Disapproved                 Reason fer Dlsapprovat

Signature                        Data:   (0 •2..l- 2..o l S'"   continuing Ed/TulUon Amount         $


control Point    Sf S"')..           OCreditCerd
                                       Transaction# - - - -
                                                                          Cl PvrchaH
                                                                            Order#        S?r-c,, 11,
                                                                                                    ~        171131001200

Cdcal!Cln of Training Completion:                                         Date;           /'},,/[7ll s:-
PAYEE:                                              Employee Vendor C.ode:         II RP15 T~ we




                                                        9
                DepJrtment of
                Veterans Affairs                          Memorandum
Date:       October 22, 201S

Ftom: Chief: Education Service (1S2)

Subj: Approval ofF1Dlcling for Academic Tuition

To:

1. Attached is a copy of your approved LF-1 S2 request fur course tuition occmring November 30. 201 S
to December t I. 201S. You are approved to recem: S900,00.

2. You are responsi"ble for initial payment of your tuition. You will be reimbursed for the approved
amount after you successfully complete the course(s) with a passing grade of C (or higher).

3. The fullowmg documents are required in Oidcr for us to authorize your payment for rcimburscmenL

      L  Signed employee service agreement to continue employmc:ot in govemmcnt service.
      b. Billing statmnent from the school listing cost par credit hom, course tuition and paymcnL
      c. Gni.dc report for course (s).
      d. Proof of payment, if you paid with:

          (1)   Cash. submit au origin.al cash receipt with the organiDtion name imprinted on it.
          (2) Check, submit a photocopy of both sides of the cancelled check.

       (3) Credit c:an:I, submit a photocopied monthly credit card statement showing your name. address,
and listing the specific charge by date and amount cbarscd.

4. Mail to Li"brary Service (1420) or bring to Building 1, FlSS

5. Acceptance of academic fimding for academic coursework requires that you complete a one-year
service obligation to Hines VA Hospital that will start the day after your course is completed (agreement
auacbc:d). The receipt of tuition reimbursrmcut aod/or graduation from an approved program docs not
assure a change in position or promotion.

6 If            ha   t   -·   I   I




Attachment(s)




                                                    10
                                 Employee       Timekeeper              lnbox [409] SeWnge Help Log Out
 llmekeeper Main Menu > Select Employees > Leave Requests >

                                                                                  Pending Approved Denied
  Leave Request Form

                                                                                    Leave Balance Calculator
   Leave Type and Dates                                                                               Schedule
   Employee:

   Leave Type: ILN - Administrative

   Current Leave Balance: Other Leave 12:00

       Start Dale         End Date       All Day    StartTime     Stop Time   Meal Time Total Hours ,_
                                                                                                     Action
   ~.9.!. 30, 201!__ Nov =!_(), 2015_    D         8:00am
                                                   ------- 4:.00pm               0:00        8:00             I



   Remarks
       SubmHter
       Remarks: Approved by upper management

       Approver
     Comments: Training Course.

   Timekeeper Submission Reason: Employee unavailable to submit leave request
         Special Training
          Notes:

   Sick Leave Purpose
     If you are requesting sick leave, you must indicate the reason.
    @None
    0 lllnese/injury/incapacitatlon of requesting employee
    O Medlcalldental/oplical examination of requesting employee
    O Care of family member, including medlcal/dental/optical examination of family member, or
    bereavement
    O Care of family member with a serious health condition
    () Other (Provide the reason in Remarks}


  Family and Medlcal Leave Act
    Contact your supervisor and/or your personnel office to obtain additlonel Information about your
    entitlements and responsibilities under the FMLA. Medical certification of a serious health conclltlon may
    be required by your agency. If annual, sick, or leave without pay will be used under the Family and
    Medlcal leave Act of 1993 (FMLA}, Indicate what It will be used for.
    r] I hereby Invoke my entitlement to Famlly and Medlcal Leave for:



https://vatas.va.gov/webta/FederalLeaveRequcstsForRoleGroup                                              3/19/2018




                                                          11
                                Employee       Timekeeper               lnbox [409] Settings Help Log Out
 Timekeeper Main Menu > Select Employees > Leave Requests >

                                                                               Pending Approved Denied
 Leave Request Form

                                                                                 Leave Balance Calculator
   Leave Type and Dates                                                                           Schedule
   Employee

   Leave Type: !LN • Administrative

  Current Leave Balance: Other Leave 12;00
  .--------
     Start Date
                .......·----- ,---.-----..----~....,..--~------.,-
                         End Date All Day Start Time Stop llme Meal Time !Total Hours Action
   ~ov30.2.Q1!._~ Nov 30, 2015__ .D         -~ -~~am_ _        4!00pm         o:oo J__s:oo _.__
   Remarks

       Submitter Approved by upper management
       Remarks:
       Approver
     Comments: Training Course.

  Timekeeper Submission Reason: Employee unavailable to submit leave request
         Special Training
          Notes:

  Sick Leave Purpose
    If you are requesting sick leave, you must Indicate the reason.

    ®None
    0 IJlness/lnjury/lncapacitaUon of requesting employee
    0 MedlcaVdentaVoplical examination of requesting employee
    O Care of family member, Including medical/dentaVoptical examination of family member, or
    bereavement
    O Care of family member with a serious health condlUon
    () Other (Provide the reason In Remarks}


  Famlly and Medical Leave Act
    Contact your auperviaor and/or your personnel office to obtain additional Information about your
    enUUemenls and responslbTIIUes under the FMLA. Medical certification of a serious health condition may
    be required by your agency. If annual, sick, or leave without pay will be used under the Family and
    Medlcal Leave Act of 1993 (FMLA}, Indicate what It will be used for.
    r] I hereby Invoke my enUtlement to Famlly and Medlcal Leave for:


https://vatas.ve.gov/webWfederalLeaveRequestsForRoJeGroup                                             3/19/2018




                                                         12
                               Employee       Timekeeper                 lnbox [409] Settings Help Log Out
Timekeeper Main Menu > Select Employees > Leave Requests >

                                                                                Pending Approved Denied
Leave Request Form

                                                                                  Leave Balance Calculator
 Leave Type and Dates                                                                              Schedule
 Employee:

 Leave Type: !LN • Adm!nhlotrative

 Current Leave Balance: Other Leave 12:00

     Start Date        End Dale       IAIID~ ,    Start Time   I-Slop Tl~   ' Meal Time lTolal_HourslAc~on
  Dec 01. 2015      Dec 04, 2015     •   [l      8:00am         4:00pm        _ 0:00        ~ ~00

 Remarks
     Submitter
     Remarks: approved by upper management
     Approver
   Comments~ Training Course.

 Timekeeper Submission Reason: Employee unavailable lo submit leave request
       Special Training
        Notes:

 Sick Leave Purpose
   If you are requesting sick leave, you must indfcate the reason.

   @None
   ( ) Illness/injury/Incapacitation of requesting employee
   i ) Medlcal/denlal/opllcal examlnatfon of requesting employee
   O Care of family member, including medical/dental/optical examination of family member, or
   bereavement
   { ') Care of family member with a serious health condition
   , ) Other (Provide the reason in Remarks)


 Family and Medical Leave Act
   Contact your supervisor and/or your personnel office to obtain additional information about your
   enliUements and responslblliUes under the FMLA. Medical certification of a serious health condition may
   be required by your agency, If annual, sick, or leave without pay will be used under the Family and
   Medical Leave Act of 1993 (FMLA}, Indicate what it wiH be used for.
  I 11hereby Invoke my entitlement to Family and Medical Leave for:




                                                      13
webTA I Leave Request Form                                                                         Page 2 of2


    @None
    O Birth/Adoption/Foster Care
    0 Family Military Leave
    0 Serious Health Conditlon of Spouse, Child, or Parent
    n Serious Health Condition of Self



  Certification
    I certify that the leave/absence requested above is for the purpose(s) Indicated. I understand that I must
    comply with my employing agency's procedures for requesting leave/approved absence (and provide
    additional documentation, including medical certification, if required) and that falslficatlon of informatlon
    on this form may be grounds fordfsclplinary action, Including removal.


  Privacy Act
    Section 6311 of title 5, United States Code, authorizes collection of thls Information. The primary use of
    this information Is by management and your payroll office to approve and record your use of leave.
    Additronal disclosures of the information may be: To the Department of Labor when processing a claim
    for compensation regarding a job connected Injury or illness; to a State unemployment compensation
    office regarding a claim; to Federal Lire Insurance or Health Benefits carriers regarding a claim; to a
    Federal, State, or local law enforcement agency when your agency becomes aware of a violation or
    possible violation of civil or criminal law; to a Federal agency when conducting an Investigation for
    employment or security reasons: to the Office of Personnel Management or the General Accounting
    Office when the Information Is required for evaluation of leave admtnlstration; or the General Services
    Admlnlstratron In connection with its responsibilities for records management.

    Public Law 104-134 (April 26, 1996) requires that any person doing business with the Federal
    Government furnish a social security number or tax Identification number. This Is an amendment to title
    31, SecUon 7701. Furnishing the social security number, as well as other data, ls voluntary, but failure to
    do so may delay or prevent action on the application. If your agency uses the Information furnished on
    this form for purposes other than those indicaled above, it may provide you with an additronal statement
    reflecting those purposes.


  Activity Log
   Action                  Date
   Approve                 12/11/2015 09:56 PM
   Submit                  12/11/2015 09:51 PM
   Revert to Pending       12/11/2015 07:28 PM
   Approve                 12/11/2015 05:24 PM
   Submit                  12/11/2015 04:54 PM




                                                      14
                               Employee       Timekeeper                  lnbox [409] Settings Help Log Out

Timekeeper Main Menu > Select Employees > Leave Requests >

                                                                                 Pending Approved Denied
Leave Request Form

                                                                                   Leave Balance Calculator
 LeaveTy~                                                                                          Schedule
 Employee! . . . . . . . . . . . .

 Leave Type! !LN • Adm~nistrative _                                                                13
 Current leave Balance: Other Leave 12:00

     Start Date -   I  End Date      --IAII Day    Start Time   I Stop Time -IMeal Time Total Hours Actionl
  DJ C9'0 2015      Dec_11! 2015 _      g_        8:00am _       4:00pm     _    0:00      40:00         _

 Remarks

       Submitter Approved by upper management
       Remarks:
     Approver
   Comments: Training Course.

 Timekeeper Submission Reason: Employee unavailable to submit leave request
        Special
         Notes: Training


 Sick Leave Purpose
   If you are requesting sick leave, you must indicate the reason.

   @None
   () Illness/injury/incapacitation of requesting employee
   ( ) Medical/dental/optlcal examination of requesting employee
   O Care of family member, including medical/dental/optical examination of family member, or
   bereavement
   l ) Care of family member with a serious health condition
   n   Other (Provide the reason In Remarks)


 Family and Medical Leave Act
   Contact your supervisor and/or your personnel office to obtain additional Information about your
   entitlements and responsibilities under the FMLA. Medical certification of a serious health condition may
   be required by your agency. If annual, sick, or leave without pay will be used under the Family and
   Medical Leave Act of 1993 (FMLA), Indicate what It will be used for.
   I I l hereby Invoke my entitlement to Family and Medical Leave for:




                                                      15
wcbTA I Leave Request Form                                                                        Page 2of2


    ®None
    O Blrth/Adopllon/Foster Care
    0 Family Military Leave
    0 Serious Health Condition of Spouse, Child, or Parent
    0 Serious Health Condition of Self


  Certification
    I certify that the leave/absence requested above Is for the purpose(s) Indicated. I understand that I must
    comply with my employing agency's procedures for requesting leave/approved absence (and provide
    additional documentation, including medical certification, if required) and that falsification of Information
    on this form may be grounds for disciplinary action, including removal.


  Privacy Act
    Section 6311 of title 5, United States Code, authorizes collection of this information. The primary use of
    this Information is by management and your payroll office to approve and record your use of leave.
    Additional disclosures of the Information may be: To the Department of Labor when processing a claim
    for compensation regarding a job connected Injury or Illness: to a State unemployment compensation
    office regarding a claim: to Federal Life Insurance or Health Benefits carriers regarding a claim; to a
    Federal, State, or local law enforcement agency when your agency becomes aware of a violation or
    possible violation of civil or criminal law; to a Federal agency when conducting an Investigation for
    employment or security reasons; to the Office of Personnel Management or the General Accounting
    Office when the information Is required for evaluation of leave administration; or the General Services
    Administration in connecUon with its responsibilities for records management.

   Public Law 104-134 (April 26, 19~6) requires that any person doing business with the Federal
   Government furnish a social security number or tax identification number. This is an amendment to tiUe
   31 , Section 7701. Furnishing the social security number, as well as other data, is voluntary, but failure to
   do so may delay or prevent action on the application. If your agency uses the information furnished on
   this form for purposes other than those indicated above, it may provide you with an additional stalement
   reflecting those purposes.


  Activity Log
   Action                  Date
   Approve                 12/11/2015 09:57 PM
   Submit                  12/11/2015 09:51 PM
   Revert to Pending       12/11/2015 07:28 PM
   Approve                 12/11/2015 04:53 PM
   Submit                  12/11/2015 04:48 PM




                                                     16
Attachment B: Email from U.S. Attorney                                               to Defendant's Attorney



 From:
 Sent:
 To:
                                      Friday,   't 22.   2016 3:51 PM
 Cc:
 Subject                              [EXTERNAL) RE: Attn Legal Dept Re VA Employee-                   · Bankruptcy Case
                                      15·28564
 Attachments:                                            Order 7·22·16.pdf




          I represent the United States with respect to                 federal violation notices. My future
 correspondence regarding these matters should be directed to me. These violations are criminal matters, not clvU debt
 cotlectlon. The filing of a bankruptcy petition does not prevent the United States from proceeding with enforcement of
 the tickets that Includes an adjudication of guilt or Innocence. The bankruptcy filing only prevents the United States
 from seeking to collect any fine or money Judgment Imposed as a result of such a proceeding. 11 U.S.C. Section
 362(b)(1) provides that the filing of a bankruptcy petition does not operate as a stay of the commencement or
 continuation of a crlmlnal action or proceeding against the debtor. The many tlcke~                      has chosen to
 disregard are criminal matters. 11 U.S.C. Section 362(b)(4) further provides that the filing of a bankruptcy petition does
 not operate as a stay ••• under paragraph (1), (2), [or] (3) ••• of subsection (a) of this section, of the commencement or
 continuation of an action or proceeding by a governmental unit ..• to enforce such governmental unit's ... police and
 regulatory power, Including the enforcement of a Judgment other than a monev Judgment, obtained In an action or
 proceeding by the governmental unit to enforce such governmental units •.. police or regulatory power. 11 U.S.C.
 Section 362(b){4).

           Becaus              did not appear In response to the last summons, Magistrate Judge Ca>e Issued the attached
 order directing her appearance In federal district court on August 30, 2016. Per the court's order, a warrant wlll be
 Issued If she does not appear. I ask that you Inform your client of this order and provide a copy to her. The government
 wlll undertake to have her Independently served with this order as well.




-Assistant United States Attorney
 U.S. Attorney's Office, Northern Dlsb'ict of Illinois




                                                                 17
                                                                Bankruptcy case 15·2BS64



I am writing on behalf of -             to provide notice o·f her bankruptcy filing.         flied for Chapter 13 relief
on 8/20/2015 In the Northern District of llllnols; her bankruptcy docket number Is 15-28564.

           re<:elved a summons to appear In the United States District Court for the Northern District of Illinois on
7/11/2016. The only offenses listed on the summons are three parking tickets that             Incurred In 2009.

            listed Department of Veterans Affairs as a creditor In her bankruptcy petition (see attached). Please be
advised that attempting to collect this debt rrom -           Is a violation of the Automatic Stay of correction Action.

Please cease all collection activity against-           If you have any questions, please reply to this email, or call us at
800-333-1288.




                                                           18
           Attachment C: Parking Tickets Issued to Defendant



                                         Hines        4/14/2011   1242



                                         Hines       11/18/2010    913


                                         Hines        6/15/2015   1217


                                         Hines         219/2015   1606

CVJ/18/2
016-
                                         Hines        3/18/2016    933
093322-
237

                                         Hines        11/5/2014   1113


                                         Hines        3/1812016    933


                                         Hines         3/412016   1020


                                         Hines         5/7/2014    825


                                        Hines          51212014   905


                                        Hines         4/12/2016   1210


                                        Hines         4/26/2016   1059




                                 19
                          Attachment D: Summons, Warrants, and Orders

Summons to Appear:

   ADIJIRff.CM91 S-ln1C.....O.

                                    UNITED STATES DISTRICT COURT
                                                             fbrthe .
                                                  ~onhem Dlmlc:t ofllllnoll

                   Unhed 8lltea of Anu:rk:a                     )
                               v.                              )
                                                               )
                                                               )        CaeNo.
                                                               )
                                                               )
                                                               )
                                             SVMMONSJN A CRJMJNAL CAD

          YOU All SUMMONED to appear beforo the United Stltet dlsttlct court 11 the dme, date. and plaee set forlh
  below to wwer to one or men offis11HS or vlolalio111 bllJed on the following clocmnent flied with the court:

             a Supenedl• lndlc:lmenl D Information CJ Supemidlns lnf'onnalJon
  CJ lndlel!Mnl                                                                                         CJ Compllfnt
~Ykrltffmf'llfflpn O 9YpnlwtBeJew ·VWatSnnNidno                               "'"°""""Nodcz.         CJ Odar:cit'Qilill:


 r --~~FedetalBulldlng
  Piece: 21 aSouth Dulbom &lrael ,
     · Chicago, llllnole 80804
                                                                            Cowtn>om No.: 1018
                                                                           """Dlll_an_d,,-me:--oi-,1-1J20_1_1S_9:30_am
                                                                                                                     _ __

            Thll affmue la briefly dlllleribed u follows:
  3 CRaUona ..ct    ror  ParNng In No P8lklng al'H marked by ~low~ In vlolallor1 of 38 CFR 1.218
  3 C1111llon1 lnuad Jot Parking In a R9HfY8d Spaoa In vlolalan al 38 CFR 1.218




 I declue under penal'1' or perjury lhal I ha~:
 0 Exeauted and llllumed dris 1ummons


 Om:




                                                              20
Arrest Warrant, 6/21/2016
       ..
  AO :Ul lltaY, Glll l)Anal WIINl!lanol Natlce Dcftn Anal


                                      UNITED STATES DISTRICT COURT
                                                                  for tho
                                         NORTHERN DISTRICT OF ILLINOIS

                    United Staw of America                           }        Location Code(a)IVlolatlon Number(•)   Vlolatlan Dalc(1)
                                                                     }
                              v.                                     )
                                                                                    IN5A                4829648          03n8/lD1~
                                                                     }
                                                                     }                     Offcnse(1)                  AmauntDua
                                                                     )                                                         S75.DO
                                                                    .)       PARKING IN RESERVED
                                                                     )       SPACE
                                                                     }
                                                                     }
                                                                     }

                                                        ARREST WARRANT




            There Is probable cause to Issue this warrant for the arrest of the person Identified above.


         YOU ARE COMMANDED to arrest and bring this defendant befon, the nearest available United States
 magistrala judge without unnecessary defay to answer to these charge(s).

            Jfthe defendant has paid the amount due, you may return this warrant uncxecuted.




   Date and time Issued:       J,1J~t{df1v,_ __ _                            --~ -     -· ..
                                                                                 .ludit~ s,.;;;,,n
                                                       '1:&b_.                            HON. SUSAN E COX


                                                             ,._...
                                                                 Rellll'II

                                                                                                ·-··--·----- J .
                                           --......----1.-------------··-----~
                                                 Encllltd by the arrat oftlrt defendant.


L..-Arres--ted~I...D_•_~~~     - ----~        ---~-'-'L-oc:at--1-on-:---~-
                                                                                                                  -- -- ]
 Name:               - - - · - _ _ _ _ Title: _ _ _ _ _ District:
                                                                                                   ----- ------
 Date: - - - - - - - -- · - •. _ Signature: _ _ _ _ _ _ _ _ _ _ _ __




                                                                     21
Court Order, 7/22/2016


                 IN THE UNITED STATES DI$TRICl' COURT FOR THE
                        NOR1:BERN DISTRICT OF JLLINOIS

                                              ·).
                                                )
          United States of America             )
                 Plaintiff (s)                 )              Violation Numbers: 4828706,
                                               )              4828721,3219895,4830000,~
                 v.                            ) .            4828644·
                                               )
                                               )              Magistrate Judge·Susan B. Cox
                                               )
                 Dcfendant(s)                  )
                                               )     +   •




                                             ORDER

   Dcfaodant failed to appear after bmng sarved with summons to appear before the court on July
 · 11, 2016, with n:gmd to U.S. Disb:ict Court Violation JIWnbcn 4828706, 4828721, 3219895,
  4830000, 4829648, 4828644. The Court is aware that the defendant cummtly has a personal
  bankruptcy petition ponding in tho Banla:uptcy Court for the Northern District ofDlinois.
  Dafandant ia advised that bar pending banlauptay does not prmmt tho Court ftom adjudioating
  her guilt or innoconcc with ICBpcct to federal misdemeanor violations, nor docs it cm:usc her
  ftom appearing in Courtwhan ordered to appear. See 11 U.S.C. Section 362(b)(1). Defendant is· .
  ordered to appear on.August 30, 2016 at 10:00 a.m., in Courtroom 1025, BvCRlttMcKmlc,y
  Dirlmcm Fedaral Building, 219 South .Dearbom St., Chicago, Dlinois. If de.fmidant Jails to appear ·
  at that time, a wammt will issue for her amst. .    ·              ·




Date: 7/22/2016
                                             U.S. Magjsb:ate
                                                    .        Judge, Stisan B..Cox




                                                22
Court Order, 8/9/2016
                  IN THE UNITED STATES DISTRICT COURT FOR THE
                          NORTHERN DISTRICT OF ILLINOIS

                                                 )
                                                 )
          United States of America               )
                Plaintiff(s)                     )               Violation Numbers: 4828706,
                                                 )               4828721,3219895,4830000,8'
                  v.                             )               4828644
                                                 )
                                                 )               Magistrate Judge Susan E. Cox
                                                 )
                  Defendant(s)                   )
                                                 )



  Defendant failed to appear after being served with summons to appear before the court on July
   11, 2016, with regard to U.S. District Court Violation numbers 4828706, 4828721, 3219895,
  4830000, 4829648, 4828644. The Court is aware that the defendant currently has a personal
  bankruptcy petition pending in the Bankruptcy Court for the Northern District of ntinois.
  Defendant is advised thafher pending bankruptcy docs not prevent the Court from adjudicating
  her guilt or innocence with respect to federal misdemeanor violations, nor docs it excuse her
  from appearing in Court when ordered to appear. See 11 U.S.C. Section 362(bXl). Due to the
  Court's schedule, the Defendant is ordered to appear on August 31, 2016 at 10:00 a.m., instead
  ofAugust 30, 2016 in Courtroom 1025, Everett McKinley Dirksen Federal Building, 219 South
  Dearborn St., Chicago, illinois. If defendant fails to appear at that time, a warrant will issue for
  her arrest




 Date: 8/9/2016
                                                U.S. Magistrate Judge, Susan E. Cox




                                                 23
Court Order, 8/31/2016, specifying that arrest is to be made by VA police.


                        UNITED STATES DISTRICT COURT
                        NORTHERN DISTRICT OF Il.tLINOIS
                                EASTERN DMBION
                                     .
                                           )
  United States ofAmerica                  ) .    Violations Numbers: 4828708, .
                                           )      4828721, 8219895) 4880000, & ·
                                           )      48?.8644
 v.                                        )
                                    ..     )     · Magistrate Judge Susan E. ~
                                           )
                                           ).
                                                                                 . .
                                      QBDEB
 Dilimamt &'ilJa ti> appear al&r lJaiiig served   wiffi summons iind ordered to appear
 before the court on August 81, 2016, with regard to U.B~ Distrlct Oourt Violation ··
 ~umb81'8 4828706, 4828721, 8219895, 4880000, 48~648, and 4828644. The' Court
 is aware that the defendant currently has a personal bankruptcy petition pencting iii
 the Bankruptcy Court :fbr·. the Northern Distriot' of IDinnie. _Detendant wae
 p.revioue]y ad'ftfled.tbat her pending ba~toy d9es not prevent the Court.from
 acijudioatlng her guilt or :innooenqe 'With respect to federal miademeailor violations,
 nor does it axouse her from appearinj m Court wb.eJt ordei"ect to appear. Baed on
defendant's failme to appear in response to the summons, the Clerk's ofliae is
dh'8Cted to issue a warrant mr her arrest. The warrant is not to be given to the
United States ¥8l'Bll$ Servicle fb.r exeoution. ~ tlie U.S. Attorney's O.tlice ia
directed to coord:inate with Hines VA·Police to exeaute tJie warrant so tliat defendant
is brought befmie the ~ on the um.e clay~ warnnt is aecuted.

                                       .
                                       ENTER:


                                      -~-


                                            24
                             Attachment E: Second Officer's Report

                                                                            Dec 01, 2016

     To:Sg-
      From Offlcerllllllll



     Hines Pollce Sgt                     and Office-                were transporting Prfsone             to
     the Dirksen Federal Bulldlns Nov. 30, 2016 on a Federal Warrant to Room 1743 at 219 s. Dearborn,
     Chicago IL 60604.



     Prlsone~          as not happy with her hands handcuff behind her back, placed In Police Squad# 510
     small compartment. She was explained It's a Police Polley that Prisoners are transported In handcuffed
     with their hands behind their back. Office. . . . tried to ease the discomfort by placln~         In
     two set of handcuff making the length longer.



-            complained while travelllng to the Federal Court saylns she was In pain.



    Sgt. _          asked, ff she needed him to pull over and call for an Ambulance? -      reply •No I wlll
    waft".



  Sgt. -        requested an Ambulance at 1136 hours forallafter we arrived at the Dirksen
  Building.       was complaining about her hands behind her back far so long. It had caused her an
, excessive amount of pain and a medical concern.



    Office          unaware of the Dirksen FB underground Lockup entrance procedures only opened the
    Squad's doorallowln~            o exit and stretch herlegs. -  exltthe Squad In tears and the Officer
    on duty a Sheriff and Officer removed her handcuffs.



    The Chlcaso Fire Dept. Ambulance# 4 arrived at the Dirksen FD and-      entered the Ambulance at
    1200 hours, departing at 1205 hours far North Western Instead of Rush Hospital after she requested
    North Western. She said her Doctor practiced there. lllliaarrlved at North Western Hospital at 1214
    hours.




                                                       25
    The Ambulance Paramedic wheeled -        Into the North Western Hospital at 1223 hours. Officer
    -     remained with -      until the Officer was released at 1744 hours the same day.



             ffilS at Triaged
                          at 1232 hours finished at 1237 hours and given a EKG at 1237 hour and
    completed It at 1238 hours.



-           was transported by stretcher at 1407 hours to the Emergency Room's 2nd Floor Exam Room
    MS7.



    At 1442 hoursmllllwas taken for an Xray and finished at 1450 hours returning to Exam Room M57.



-          was left at the Hospital after the Federal Court Judge released her at 1744 hours Nov. 30, 16
    with Special Instruction to return to the Federal Court Dec. 12016 at 1100 hours without Police escort.



 Sgt.-              and Officerlllllllletumed to Hines at 1830 hours without-

-      stated would wait for the Emergency Doctor to release her and return with a Hines Coworker.
 The Coworker lived nearby and had take~         II phone and car keys from their office.




                                                      26
                   Attachment F: One-Day Release of Defendant

                       JNTHE UNITED STAT.ES DISTRICT COURT
                                    FORTBE               '.
                         NORTHERN DISTRICT OF ll,LJNOJS
                                EASTERN DIVISION

United States of Am¢ca

v.
                                                        Violation Numbers: 4828706; 4828721;
                                                        3219895; 4830000 & 4828644

                                                        Judge Micbacl T. Mason

                                             ORDER

- is
The Bines VA Police Departmi:nt is authorized to release c:1efendaut
medical axigcncies that have been brought to the Court's attention. The dcftmdant
          dircctcd1o

the bench wammt.
                            on 12/01/16 at 11:00 a.m. in courtroom 1743. n·
                      that mllure 1o appear on·her own accord will result in the .re-execution of
                                                                                                 .   _




Date: 11/3012016
                                                    ~ Unitcd States M.agistratc Judge




                                                 27
                      Attachment G: Agreement and Consent

Court Order, 12/1/2016 quashing bench warrant

                       JN THE 1JNlTED STATES DIBl'RICI' COURT
                                    FORTBE
                           NORTBERNDJSTalCI' 011' JLLINOIS
                                EASTERWDIVISION
                              .
 United States ofAmmica

 v.
                                                      Vio1ation Numbms: 4828706; 4828721;
                                                      3219895; 4830000 & 4828644

                                                      Judge Micbacl T. Muon

                                           ORDER
 Tho Government's oral motion to quash the bcmch warrant.issued as ~                 is gramed.
            .
 'Ihc bench wmant is here!Jy
                         .   ordered quashed fbrthwith.            . . . . . . . . .
                                                                                                  :



 Date: 12/1/2016                                    /Bl Micb.acl T. Mason




                                               28
Court Order, 3/ 14/ 2017, tickets resolved


                       IN THE UNIT.ED STATES DISTRICT COURT
                      li'OR TBE NORTHERN DISTRICT OFiLLJNOIS ·
                                  EASTERN DIVISION


                                              ).
         United States of America             )
                                              )
                 v.                           )          '11cket No: 4828706, 4828711, 3219895,
                                              }                      4830000,4828644
                                              )
                                              )        · ·Magistrate Judge Si~ey L Schenkier
                                             ·)

                                             ORDER

         Status hearlog held. Oovcmmcnt l'CJ)orts that tho ticbta have been .resolved. Central
  Violation Bureau will receive the various codes forthc tiobts.       • ·          ·




                                             ENTER:



 Dated: March 14, 2017                             Isl ~idney L S2bmkim:




                                                  29
     • PETTY .OFFENSE DIVERSION AGREEMENT .                              NEXT COURT DATE:            Sep11Nnber41,2011
                                                        .       .        NOTE: If you do not need fD appwafoourtyou wDI raaelvl
                                                                         aletter, amat. aroall hlJ1 tht US Mimay'a Qlb. .
        +

      · Offender Nama:
       Malng ~rasa:
       Email Addms:
                                                                ~
                     $1>239, 4828flM· 4829648, 4830000. 3219896
       lloksl #{s) (attached):                                               eve Locanon Code: INM
 .     ~e{s) ~pllon:       Paddoa ID apace raseryed foe vo!uniaara. parldng lo ahanda! aoot

                                                            +

_. _ 1,:_ You ara        to have .commJUad one or mora offenaea alnsl lhe Unlfad Stales, ouUlned on the lklkel{a)
    • llsmd above, altallhed lo this Apreemenl.         .•                                        ,.              · •
     • 2. You admit lo f1Ja raots In the Probable Cauae-Sfeteplent(a) for the .flckel(a). llsled above, atlaohed k> lhla
          AgraemenL .
      3. Upon your aooep!QJ responsibility for your behavkir and by JOUr signature on lhls Agreamen~ the lnlalaat of
        · Iha ~ Stales end yo.urown lnlarearand the lnlants\ of .Nallca will ~a HMld by the follovmlg pni~u~: . ·
            -~       · 8-Month,Defermant: ProsacuUon In this dla1rlot for the olfenae{a) on the tloket(a) llated above
                    . shall be darenad for a period of Smonth& flam this date, provided you meet lhe folloWlng condition:
                                                                                           the
                         ......,:.._ Do not violate 111y federal, itate, or local Jaw during   6-mollth period, nor raoerve a
                                     federal.vlolaUon noUca or llc~t for apetty offenae or mtidemeanor."
                                                                                                .
• 4. The United Slates Attorney may, at 111y 1lme within Iha pedpd of Yo\11' deramtent lnlUale prpaaouUon ~r Iha
     Uoke~a) IJ!lled aboVe, ahoUld you violate the condlllona of lhls AQreemenL In !his 01188, tile government wlD
     fumlsh yo.uMlh nollcie 1P,9dfylng Iha oondtlrona of Iha Agreement 'whloh you have vfolate4. D e ~ of ·
                                                                                                                                  • +



     whether you bava 'tiolateif this Agreement shall be wllhln the sole and unrevfewable dlacntllon of the U.,uad
     Btal~A~y. .              ~                  .                   .                                      •
     6. ff you 8U0088BfuUy ooq,le~     wa·
                                         dfverafon progran and fulffD al ~ .lerma and oondlllona of Iha }Gn,emen~ Iha
        United Stales Attorney's Office WIIJ.dfamlaa lhe.llm(e) llaled on Illa Aoraeplenl
     e. .By signing Ibis ~raemant. you agree lhat you have enlerad Into Ulla Agreement voluntarily and no one has
                                         'I'
                                                         . wflh tftla Agreement · .
         lhre~ you or"aought to lnlmldale yoq. ln,conneoilon
                                 •                                                           •   •                         •




     7. ·By at,nlng Ihle Agreamen~ you agree that ycx,r adml•n of~ faota In the Probable Oaue& statemenija} ro,
         the tlokat(a) Uatsd above may be ~ against yoq In 111y prooeedlng ror any p11JJJ088, In Iha BVll!ll that Iha
                         .                  .  .                                                          .               .
                                                                                      ·.                         (Page1 of2)




                                                                    30
    government subsequently determines you have breaOhed the ~reement and the         United Slates lnslllutea
    proseoub ralatlng lo~ ~l(a) llslsd above.
8. By qinlng Ulla Agreement you agree to
   conneollon wNh the aflaoh~ floket(a), namely
                                                                                      .by law enforcement Iii
       .
~. Thia Agreement may·be diadoeed by.the United
                                         .      states Attorney.




                                                                        Date




                                                                          3-       f3-l"";1 .·
   Asllatant U.S. Allomay Slg1111Ura   •                                Date ·



  'Offlcer'Name

                                                                          3-l3 -r7:
                                                                        Dale




  United Stalea AttomeY.8 Office
  Northem'Dlafdct of.Jllnols    •
   219 6. Dearborn st.1 6th Floor                                                     .
                                                                                      •.
 ·'Chloego, U. 80604
. (812) a6S-6300.
                                                                   ..
                                                         ..
                                                                               .

                                                                                                      ..
                                                                                               ifaa•.2of 2) .




                                                    31
                                                                                                           .
                                                                                       Haatng Dair.   3-/'(• /7
.Contfflf to Fomlturt ol 6d,,;,,_, II DlapOlltlon ofPtffy OHlnn
 Northam DJetrlct of m1no11                            •

 Offender Name:
 MalKng Addreaa:
EmaR Addreaa:
1icket i(a).(atlaohecQ: 4828721 and '828708                      eve l.ooallon Coda:_lN§A
                                                                                       _ _ __

.Olfenae(a) Deaoq>Gon:       Pm..In ano pm1dnp eru
                                                                              .
I, the u~ned, ~ to have the amount o f ~ ~r{elts<l'aa a fine and my c:ase tanntnaled. Ialso agree
to P8'f the PRJCBllllllv fee oft. 30.00 , I do Ulla Wfth the folloWfng '!Jlderllandkla:      •
           111\11~41111-1--IRlll.1181811LltalUDllallllil8ClllaaL~ ~ ~ ~ ~ ~ -

     2. IwflJ pay the forfeiture amount by JulY 10. 2017 (dale),
            INPMQN;                                ONLJNS;                               BYNt
         Cferfc of tlJI Coult             Clnfral VIDlaUonl 81111111              ctatril VIGldonl Bullau
     U.S. Dllbtat Qawt, NDl1.             onllne paymant aplam:                    P,O, Bax7U83
  218 8. Dambpm 8frHt, 2411 FJ. .
                        or_,,,,,, .     httpifAwM.ovb.uaoourta,QQYL           PhUadllphla, PA 1111f.1388
  -c.,,. moneyanflrr,
 °"""'   flh,o/t, _ ptlflblt.,
 M PJ,lrlolGPfd
        Uf
                                 .     'Qdoin/lJl>fJllllla;,,.              ~Ol'i1IOlll'
                                                                            ,,,,.,.lo
                                                                            Dall
                                                                                              l--
                                                                                      t;"*l#M#eal


    a. J~ my "1ftts, lncilglng my right k> frlal berore Iha oourt on m          oharge, aricf volunlarlfy waive
        lhoae rlghfa, 111demandlng that folfefture of the aforBmentloned amount IBrmln~ my itght to a lrlal
        and conatHulea a oonvlollon of the otrenae charged.




                                                                                                       t       •




                                                       32
Court Order! 8/31/2017 closing case

                         UNITED STATES DISTRICT COURT
                         NORTHERN DISTRICT.OF n.LINOIS
                                      EASTERN OMSION .           .


  .                                     .
                                             )
                                             )
   United States of America                         Citation# 9219896, 4828644, 4829648,
                                             )                4880000,4880289
                v..                          )      Magistrate 'Judge Susan E. Cox
                                             )
                                        ..   )
                                             )
                                                                 ...
                                            QRDER
                                              .                        .
      · The Defendant named in this Order has complied with his or her Six Month
  Diversion .Apeement wi1 h tie D.B..A.ttorilefl M.fm and no fut.that vialatiane lta.ve--
  been served on the Defendant. Accordingly, the ticket list.ad below l:>y number is
  dismiseed with ptej~dice. •                                    . ·.         ·
            .            .
• Ticket No. 8219895, 48286¥, 4829848, 4880000, 4890299

          . .                                                              ..
                                             ENTER,.   J,..i? .'.
                                             S-qaah E. Cox             -
                                             Unit.ad States Ma¢stra,te Judge


                                                                                      '•
 DATE; 8/81/2017              .   .




                                             33
                                  Attachment H

                    Use of Force Review:

A review of the use of force used to effect the arrest of                    was
conducted during the week of January 1-3, 2018, in reference to her complaint
that the arresting officer used "so much force that it caused one of her [breast]
implants to dislodge," for which she requested medical attention and was
diagnosed by a local hospital as having a chest wall injury and held overnight for
observation.

A review of the Police Incident Report (IR) and supporting documentation, and
interviews with the arresting officers and the complainant were conducted. The
facts developed during the course of the review failed to reveal that excessive
force was used and do not support the allegations.

             was arrested upon an arrest warrant issued by the United States
District Court Magistrate for "Failure to Appear'' in court. The arrest warrant
denoted the following; Defendant failed to appear after being served with
summons and ordered to appear before the court on August 31, 2016, with
regard to U.S. District Court Violation numbers 4828706, 4828721, 3219895,
4830000, 4829648, and 4828644. The Court is aware that the defendant
currently has a personal bankruptcy petition pending in the Bankruptcy Court for
the Northern District of Illinois. Defendant was previously advised that her
pending bankruptcy does not prevent the Court from adjudicating her guilt or
innocence with respect to federal misdemeanor violations, nor does it excuse her
from appearing in the Court when ordered to appear. Based on defendant's
failure to appear in response to the summons, the Clerk's office is directed to
issue a warrant for her arrest. The warrant is not to be given to the United States
Marshals Service for execution. Instead, the U.S. Attorney's Office is directed to
coordinate with Hines VA Police to execute the warrant so that defendant is
brought before the Court on the same date the warrant is executed.

The arrest warrant instructed VA Police to effect the arrest which provided the
legal reason for VA Police to place              under arrest. According to
interviews with the arresting officers and as denoted in the IR,             was
escorted from room D-438 to the VA Police Operations areas (F-108) where
handcuffs were applied for ~ the Federal Court House. As denoted
in the VA Police IR, Officer -               who is a female VA police officer,
performed a search of -           person and attempted to place her in handcuffs.
alllllstated that she had double breast implants and didn't want to be
handcuffed. VA Police Standard Operating Procedures (SOP) 4E denotes "ALL
ARRESTED PERSONS WILL BE HANDCUFFEO'. VA Law Enforcement
Training Center's Training Unit 4, Defensive Tactics and Ground Defense
Recovery Program, denotes the following "A subject should always be
handcuffed with the hands behind their back unless circumstances dictate


                                        34
otherwise. (Injured person or pregnant female, etc.J'.                 assertion that
she shouldn't have been handcuffed because she has breast implants would not
necessarily be a reason to not handcuff her in the proper manner. VA Handbook
0730 denotes "VA police officers will determine when it is appropriate to apply or
remove handcuffs" As denoted in the IA,                   was handcuffed by using
two pairs of handcuffs to ease the discomfort by not bringing her hands as close
together. This technique of using two sets of interlocked handcuffs consists of
one cuff on one pair of handcuffs is handcuffed to one of the cuffs on the other
pair, and then the remaining open handcuff on each pa~lied to the
person's wrists. It is denoted in the IA that the Officer . . . . had requested
that               be "front cuffed" in which Officer -         refused the request
due to the fact that the US. Marshals will not receive a prisoner that is restrained
in the front and that they don't have a local policy that covers cuffing a prisoner to
the front for transport due to discomfort. VA Handbook 0730 denotes "VA police
 officers will determine when it is appropriate to apply or remove handcuffs"

  Before the transport                complained that she is claustrophobic and the
  arresting officers rolled down the vehicles windows approximately 4 inches and
  informed                that they were leaving and if she has a medical emerge~
  an ambulance will be called. During the transport to the Federal Courthouse, -
-          complained of trouble breathing at which time Officer-             asked if
  she was having a medical emergency and if she was, he would pull over
  immediately and call an ambulance. -               inquired how far away their
  destination was and was informed a few minutes and                   indicated "no,
  she will wait". Upon arrival to the courthouse, when -             was taken out of
  the vehicle, she complained that her breast implant shifted. Medical personnel
  from the Marshal Service arrived and evaluated                 while Officer
              called for an ambulance to take her to the Hospital.

             was transported to Northwestern Hospital and seen in the
emergency room (ER).                 was seen by the attending ER physician and
four resident plastic surgeons. VA Police was informed ~ e s were
evident, that there was no medical emergency and that -            would be
discharged. While in the ER, the Federal Magistrate issued an order that due to
her admittance to the ER and the t i m e ~ could be released with an
order to appear in court the next day. -           appeared on her own accord in
Federal Court the following day.

During an interview with               she indicated that she didn't want to go to
the hospital, but Officer-          was the one who called the ambulance at the
courthouse. She also stated that she was released from the ER, did not spend
the night in the hospital and was picked up and brought home by a co-worker.
When asked for documentation indicating the injuries she was claiming (breast
~ d g e d , chest wall injury), she stated all she had was the ER notes.
-             was asked to provide a copy of them, which she has failed to



                                         35
provide.               also did not indicate or provide proof of any further hospital
visits in regards to her alleged injuries.




                                         36