Grand Jury Subpoena

Grand Jury Subpoena stitritetratates Pistrirt Court SOUTHERN DISTRICT OF NEW YORK TO: Metropolitan Correctional Center Attn: Adam Johnson, Esq. 150 Park Row New York, New York 10007 GREETINGS: WE COMMAND YOU that all and singular business and excuses being laid aside, you appear and attend before the GRAND JURY of the people of the United States for the Southern District of New York, at the United States Courthouse, 40 Foley Square, Room 220, in the Borough of Manhattan, City of New York, New York, in the Southern District of New York, at the following date, time and place: Appearance Date: September 10, 2019 Appearance Time: 10:00 a.m. to testify and give evidence in regard to an alleged violation of : 18 U.S.C. §§ 371, 1001, 1519, 2 and not to depart the Grand Jury without leave thereof, or of the United States Attorney, and that you bring with you and produce at the above time and place the following: Please see attached rider. Personal appearance required. Failure to attend and produce any items hereby demanded will constitute contempt of court and will subject you to civil sanctions and criminal penalties, in addition to other penalties of the Law. DATED: New York, New York August 20, 2019 oen ara's. gam,.,., a GEOFFREY S. BERMAN United States Attorney for the 1111111111 Assistant United States Attorneys One St. Andrew's Plaza New York, New York 10007 Telephone: Email: rev. 02.01.12 EFTA00079269 RIDER (Grand Jury Subpoena to MCC, dated August 20, 2019) Ref. No. 2019R01059 A. Definitions and Instructions: I. This Subpoena calls for the preservation and production of specific documents, including handwritten notes and records and e-mails and text messages, in the possession, custody or control of the Metropolitan Correctional Center ("MCC") or any employee of MCC. Except as set forth below, the time period for production pursuant to this Subpoena is June 1, 2019 to the present. We request that you additionally preserve all documents that would be responsive to this Subpoena for the time period January 1, 2019 to the present. 2. This Subpoena applies to any responsive documents wherever they may be found, including any facility that holds records for the MCC, personal electronic devices, cellular phone or other telephone, pager, tablet, laptop computer, desktop computer, personal email, cloud storage, messaging or social media accounts used by employees of the MCC to conduct the MCC's business, and including any and all handwritten notes and records in possession of any employees of the MCC. 3. With the exception of documents containing handwritten notes, please produce requested records in electronic form (native format where necessary to view the material in its full scope) in a manner that is OCR-searchable, and with all available electronic metadata. Please provide the originals of all papers, notepads, notebooks, diaries, or calendars upon which responsive handwritten notes may be found. 4. The term "documents" includes writings, emails, text messages, drawings, graphs, charts, calendar entries, photographs, audio or visual recordings, images, and other data or data compilations, and includes materials in both paper and electronic form. 5. If the MCC has knowledge of any document that would be responsive to this Subpoena but has been lost, destroyed, or discarded since January 1, 2019, it shall identify to the extent possible each such document and provide an explanation for the loss, destruction, or discarding (including identification of each person authorizing or having knowledge of the loss, destruction, or discarding). 6. This Subpoena does not call for the production of any documents protected by a valid claim of privilege, although any responsive document over which privilege is being asserted must be preserved. Any documents withheld on grounds of privilege must be identified on a privilege log with descriptions sufficient to identify their dates, authors, recipients, and general subject matter. B. Custodian of Records: I. The MCC is to designate an employee having personal and thorough knowledge of the MCC's records and who shall have been responsible for the search for documents responsive to this Subpoena. That person shall appear before the Grand Jury on the Subpoena return date, produce the materials called for, and be examined concerning the completeness of the response. EFTA00079270 C. Materials to be Preserved and/or Produced: 1. All institutional count slips and records related to the count, including but not limited to the regular institutional count slips and the 30-minute round count slips, including but not limited to such records for the Special Housing Unit ("SHU"). 2. All documents, including communications, regarding the counts slips described in Request I, including but not limited to any communications regarding the creation, maintenance, storage, destruction, or description of such records. 3. All documents, including e-mail and internal correspondence and notes, and the Form 292, related to and for inmate Jeffrey Epstein, Reg. No. 76318-054. 4. TRUSCOPE entries reflecting the institutional count, and 30-minute rounds, for the institution and the SHU. 5. Any logs or logbooks kept in the normal course of business, including but not limited to the visitor's log, attorney visit log, lieutenant's log, and control center log. 6. Posted picture file for the SHU. 7. Post orders for the SHU. 8. High Risk List(s), as well as any communications regarding the High Risk List and/or any inmates on or being considered for the High Risk List. 9. Internal telephone records. 10. Records of staff and shift assignments, including but not limited to staff rosters. II. Records of trainings and staff attendance at trainings for the time period June 1, 2018 to the present. EFTA00079271 U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Motto Building One Saint Andrew's Plaza New York New York 10007 August 20, 2019 Metropolitan Correctional Center Attn: Adam Johnson, Esq. 150 Park Row New York, New York 10007 Re: Grand Jury Subpoena Please be advised that the accompanying grand jury subpoena has been issued in connection with an official criminal investigation of a suspected felony being conducted by a federal grand jury. The Government hereby requests that you voluntarily refrain from disclosing the existence of the subpoena to any third party. While you are under no obligation to comply with our request, we are requesting you not to make any disclosure in order to preserve the confidentiality of the investigation and because disclosure of the existence of this investigation might interfere with and impede the investigation. If you intend to disclose the existence of this Grand Jury Subpoena request to a third party, please let me know before making any such disclosure. In addition, we request that you preserve all records that might be responsive to the requests set forth herein that are created on a going forward basis, for the next 180 days. Thank you for your cooperation in this matter. By: Very truly yours, GEOFFREY S. BERMAN United States Attorney Assistant United States Attorneys EFTA00079272