3. The Consequences of Alter's Behavior
Alter's behavior had far-ranging negative consequences that should have been clearly foreseeable to Alter in light of the nature of his relationship with Donald V. The sordid and corrupt nature of the events with respect to Donald V. alone must have inevitably caused a loss of confidence in the private halfway house system on the part of sentencing judges and the public at large. The extent to which this method of rehabilitation is now reconsidered or bypassed altogether because of Alter's conduct cannot be known, but it cannot be marginal.
Manhattan Mouse itself shut down after Alter's conduct became public. Some residents were moved to other facilities, others were released prematurely, and the months of progress that residents had achieved with personnel whom they came to know and trust were imperiled. Moreover, as a result of the shutdown of Manhattan House, these other facilities had to carry the burden of a heavier volume of residents, and hence, were diminished in effectiveness.
Based upon the record, we conclude that during the time that Alter's relationship with Donald V. took place, both halfway house personnel and residents were aware of Alter's behavior. It would have been strange indeed had Alter's phone call on behalf of Donald V. on the morning after their first encounter not raised questions in the halfway house. The same is true for Donald V.'s passes to leave the halfway house that Donald V. "earned" while high on drugs. Thus, we further conclude that Alter's behavior negatively affected the morale of halfway house staff and residents when it occurred.
C. Alter's Providing Donald V. with Drugs, Money for Drugs, and the Opportunity to Obtain Drugs
Lastly, we find Alter's "bribe" arrangement with Donald V. to be particularly egregious and idiosyncratic because the bribe quid pro quo consisted of providing Donald V. with drugs, financial means to acquire drugs, and the bending of the halfway house rules to allow Donald V. access to drugs, an independent violation of federal law.
This case differs markedly from the typical bribery scenario. Here, we fully credit Donald V.'s testimony that Alter provided him with drugs and money to purchase drugs.
In this case, as we have found, Alter affirmatively aggravated Donald V.'s drug abuse problem when his duty required him to mitigate it. As such, he did not confer an advantage upon Donald V., but inflicted a grievous injury, and thus implicated in the bribe a unique betrayal of the trust that had been conferred upon him by the Justice Department and the Bureau of Prisons.
In light of the foregoing, the Court concludes that a substantial upward departure is warranted and required.
Sentence will be imposed on April 6, 1992 at 3:15 p.m. in Courtroom 312, after the Court has heard the parties on the appropriate degree of upward departure in light of our findings.
KENNETH CONBOY, U.S.D.J.
Dated: New York, New York
March 31, 1992