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Mark A Varca, J.D., Chairman

Committees: Chairs FedCURE's Legislative Action, Presidential Ex-inmate Reentry Initiative, Membership and Finance Committees.

   Varca is a former federal inmate who served fifteen years in federal prison with his father Anthony J. Varca, */ for a 1985 conspiracy, to import marijuana, during their involvement in CIA intelligence gathering and Contra-aid operations in the Caribbean Basin, known as the Caricom*Project, as part of President Ronald Reagan and CIA Director, William J. Casey's effort to back the Contra freedom fighters in Nicaragua (The Iran Contra Affair).

   They were prosecuted under the Classified Information Procedures Act (CIPA). Convicted after trial by jury and sentenced to fifty-two years in federal prison, having to serve fifteen years, day-for-day, with no GTC deductions, before becoming eligible for parole (a former sentencing procedure reserved for America's most heinous and dangerous offenders, not for first time offenders of non-violent offenses, like the Varca's). Anthony's sentence and parole was terminated on 21 November 2005.  Mark's sentence and parole was terminated on 12 October 2007. Mark and Anthony were fined $500,000.00 each. The fines were extinguished by virtue of the expiration of a 20 year statute of limitations on 27 February 2009.

   The Varcas' hold the unique distinction of being the only father and son in the history of the Federal Bureau of Prisons (and possibly the United States) to have been incarcerated together, as cellmates, for fifteen years. They served time at: county jails in New Orleans and Florida; Federal Bureau of Prisons: USP Atlanta, FCI Talladega, FCI El Reno, FCI Bastrop, FCI Texarkana, FCI Marianna, FCI Jesup and FCI Miami.

   Varca has a Management and Marketing degree from Drake. He earned his law degree while in prison; and also completed 376 hours of ACE and CLE courses in: Information Technology, Intellectual Property Rights Law and Psychology. Prior to going to prison, Varca, inter alia, held positions as: Director of Operations for Romar Transports Ltd. (a world wide maritime transportation company); Director of The Simmons Companies (a global minerals and mining consortium); Director of International Affairs for Global Companies (developer of the Global Exchange); and as an outside director of several international companies.

   As Chairman, Varca is spokesperson for FedCURE, he communicates daily with FedCURE's membership, the Federal Bureau of Prisons, United States Courts and United States Probation Office, United States Parole Commission and United States Department of Justice policy makers and personnel, United States Senators and members of the House of Representatives and their legislative staff and the media, advocating for and on behalf of federal inmates and their families.

   Varca, assisted in writing the legislation to revive the system of parole for federal prisoners that has been introduced into Congress. Currently, Varca is working on FedCURE's re-entry programs: Forming partnerships and alliances with the Federal Bureau of Prisons, faith based and neighborhood partnership organizations, as defined by the White House Office for Faith-Based and Neighborhood Partnerships (FBNP) */ 

   Chief Information Officer and Executive Director from June 2002 to May 2009: As Executive Director of FedCURE Varca's duties included that of above as shared with former Chairman Kennith Linn. As CIO of FedCURE, Varca was responsible for developing, overseeing and managing the Information Technology (IT) assets, infrastructure and operations of the www.FedCURE.org enterprise. Whereas, in early 2002, FedCURE.org embarked on an ambitious IT project to become the world's premier electronic forum for the exchange and processing of information concerning the reform of the Federal Criminal Justice System in the United States. "Using Technology To Bring About Federal Criminal Justice Reform." TM. Varca's email address is: CIO@fedcure.org.

*/ R.I.P.: With regret, we inform you of the passing of Anthony J. Varca (Pop) at a young 91, FedCURE's most Senior Director, Advisor & Fellow.

09/10/1924-06/11/2015 ~ Dio Benedicto, FedCURE. CONDOLENCES.

..............................................................

12th May 2004

Message From FedCURE's Chief Information Officer and Executive Director:

Dear FedCURE Membership:

    Yesterday, Kenny Linn, Acting Chairman, resigned over concerns of violating a condition of post-incarceration supervision that states: "[O]ne cannot 'have contact' or 'associate' with those who have a criminal record without the permission of the probation/parole officer. Mr. Linn's resignation was prompted "[D]ue to the antics of FedCURE's past Executive Director and because of the continuing fallout over her recent actions and allegations. . ."

    In no instance, however, are we able to find the association condition to have been applied in the context of federal criminal justice reform organizations and their work. To the contrary, in a controlling case on this issue, the United States Supreme Court held that: "We do not believe that the parole condition restricting association was intended to apply to incidental contact between ex-convicts in the course of work or a legitimate job for a common employer." 404 U.S. 4 (1971).

    Unfortunately, I have been advised by my U.S. Probation Officer as follows: "[Y]our continued association with this organization only places you in violation of parole, particularly condition #10 which states: 'You shall not associate with persons who have a criminal record unless you have the permission of your Probation Officer.' As long as you are on parole, this permission will not be granted. . . It is strongly recommended that you resign your position as Executive Director. . . Failure to do so may jeopardize your future parole status." Consequently and most regrettably, I tender my resignation forthwith.

    To be sure, this matter is unsettling. It is exceptionally troublesome in light of what has become a Republican and Democratic bipartisan recognition that we have a broken corrections system which has speared new interest from President George W. Bush, congressmen, governors and state legislators, to initiate prisoner re-entry programs to help inmates make the transition from prison to home, i.e., preparing inmates for life on the outside.

    These programs include drug treatment, job training, and finding housing. Eventually, 97 percent of America's inmate population will be released. They all have to go somewhere and cannot be cast off into some invisible society. Sixty-seven percent of the 630,000 state and federal prison inmates who will be released this year are likely to be rearrested within three years, according to the Federal Bureau of Justice Statistics. Nine million people are released from jails annually.

    In his State of the Union address, President Bush proposed a $300 million initiative for re-entry programs, to be conducted by religious-based groups. In addition, the National Governors Association has created a Prisoner Re-entry Policy Academy which is conducting workshops in seven states to improve the process.

    Similarly, the Council of State Governments has formed a Re-entry Policy Council, working with 100 experts, to come up with a manual. The report will contain recommendations on how states can better help newly released prisoners find jobs, get decent places to live and re-establish relationships.

    At the same time, the National Institute of Corrections, a branch of the Federal Bureau of Prisons, has developed a new model for re-entry that it is trying to use in nine states.

    All of these programs are operated, in part, by ex-inmates. All have persons with criminal records associating with each other. If what has been imposed on Linn and myself becomes the norm, these programs will all be in direct violation of the association condition. So, how are the re-entry programs going to work? Additionally, application of the incidental contact condition in this manner, would jeopardize the existence of the majority of the criminal justice reform organizations in the United States.

    The record will show that the errant actions and conduct of our former Executive Director, my predecessor, and her continued abnormal functioning have brought us to this most unfortunate place. Consequently, I will not have any further contact with persons in violation of the "association condition". I will continue in all other endeavors that are not contrary to this condition, inter alia, communicating with the Federal Bureau of Prisons, the United States Parole Commission and the United States Department of Justice's personnel, the United States Senators and members of the House of Representatives and their legislative staff, advocating for and on behalf of federal inmates and their families and for the passage of H.R. 4036 and H.R. 3575.

    Like Linn, I anticipate my resignation to be temporary until: (1) The condition no longer applies, or (2) The United States Parole Commission clarifies its regulations to allow for incidental contact between persons with criminal records in the course of their work in criminal justice reform organizations. The matter is currently pending a decision from the highest authority in the United States Parole Commission. Please pray for us. God willing, we will have a speedy and favorable resolution.

Best Regards:

Mark A. Varca, J.D.

12 May 2004