U.S. Department of Justice
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U.S. Department of Justice United States Attorney Southern District of New York United States Courthouse White Plains. New York 10601 December 19, 2019 BY ECF The Honorable Kenneth M. Karas United States District Judge Southern District of New York White Plains, NY 10601 Re: United States v. Nicholas Tartaglione, S4 16 Cr. 832 (KMK) Dear Judge Karas: The Government respectfully submits this letter to update the Court regarding the defense's request for certain video footage from inside the Metropolitan Correctional Center ("MCC") on July 22 — July 23, 2019 (the "Video"). Earlier today, the Government confirmed with MCC staff that the Video was preserved by MCC staff upon defense counsel's request in July 2019, and the Government is in the process of obtaining a copy of the Video from the MCC. Once the Government obtains a copy of the Video, the Government intends to make it available for defense counsel's review at the United States Attorney's Office. Respectfully
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EFTA DisclosureRelated Documents (6)
Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 1 of 30
Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 1 of 30 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X THE NEW YORK TIMES COMPANY, Plaintiff, -v- FEDERAL BUREAU OF PRISONS, Defendant. 20 Civ. 833 (PAE) MEMORANDUM OF LAW IN SUPPORT OF THE FEDERAL BUREAU OF PRISONS'S MOTION FOR SUMMARY JUDGMENT AUDREY STRAUSS Acting United States Attorney Southern District of New York 86 Chambers Street, Third Floor T - I . ../11".• EFTA00071554 Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 2 of 30 TABLE OF CONTENTS PRELIMINARY STATEMENT BACKGROUND 2 I. Criminal Proceedings Against Jeffrey Epstein 2 II. Criminal Proceedings Against Tova Noel and Michael Thomas 2 III. Criminal Proceedings Against Nicholas Tartaglione 3 IV. The Times's FOIA Requests and This Action 3 ARGUMENT 4 I. FOIA and the Summary Judgment Standard 4 II. BOP Conducted an Adequate Search for Responsive Records 5 III. BOP's Withholdings Were Proper 6 IV. BOP Ha
Case 1:20-cv-00833-PAE Document 22 Filed 08/05/20 Page 1 of 13
Case 1:20-cv-00833-PAE Document 22 Filed 08/05/20 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE NEW YORK TIMES COMPANY, Plaintiff, No. 20-CV-833(PAE) v. FEDERAL BUREAU OF PRISONS. Defendant. DECLARATION OF RUSSELL CAPONE 2. I am familiar with the Freedom of Information Act requests filed by the New York Times Company (the "FOIA Requests") that are the subject of this case, which seek records related to the incarceration of Jeffrey Epstein at the Metropolitan Correctional Center ("MCC"). I am also familiar with the responsive records that defendant the Federal Bureau of Prisons ("BOP") has withheld pursuant to exemptions 5, 6, 7(A), 7(C), 7(E), and 7(F) of FOIA, 5 U.S.C. § 552(b)(5)-(7). In addition, I am familiar with the proceedings in United States of EFTA00039908 Case 1:20-cv-00833-PAE Document 22 Filed 08/05/20 Page 2 of 13 America v. Noel, 19-CR-830 (Al), and United States of America v. Tartaglione, 16-CR-832 (KMK). True and correc
Case 1:20-cv-00833-PAE Document 22 Filed 08/05/20 Page 1 of 13
Case 1:20-cv-00833-PAE Document 22 Filed 08/05/20 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE NEW YORK TIMES COMPANY, Plaintiff, No. 20-CV-833(PAE) v. FEDERAL BUREAU OF PRISONS, Defendant. DECLARATION OF RUSSELL CAPONE I, Russell Capone, hereby declare as follows: I. I am Counsel to the Acting United States Attorney in the United States Attorney's Office for the Southern District of New York ("USAO-SDNY"). I have served in this capacity since June 2020. Prior to my current role, I served as Deputy Chief and then Chief of the Public Corruption Unit in the USAO-SDNY from July 2017 and as an Assistant United States Attorney from January 2011. I supervised the Noel prosecution directly in my prior role as Chief of the Public Corruption Unit, and I play a supervisory role over both the Noel and Tartaglione prosecutions in my current role as Counsel to the Acting United States Attorney. 2. I am familiar with the Freedom of Information Act r
Executive Summary
Executive Summary On 12/06/2018, FBI NY initiated a case after Southern District of New York (SDNY) contacted FBI NY regarding several victims that had been sexually abused by Jeffrey Epstein in the mid 2000's. Epstein invited minors into his residences, one of which was located in Manhattan, New York (NY) and paid them to provide massages to him which turned sexual in nature. Afterwards, Epstein paid the minors $200 and up. Epstein wanted the minors to bring other minors to massage him. Epstein would also have an assistant in New York set up appointments for minors to go to Epstein's other residences outside of New York. Recent Developments Forfeiture: ▪ On 07/13/2019, a certified appraisal was completed for the NY residence with the value determined to be $86,250,000. ▪ A Notice of Pendency was filed for the NY residence. ▪ Multiple subpoenas have been served on EPSTEIN's LLC companies, which are based in the VI, results are pending. Public Corruption: ▪ Nothing s
Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 1 of 30
Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 1 of 30 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X THE NEW YORK TIMES COMPANY, Plaintiff, -v- FEDERAL BUREAU OF PRISONS, Defendant. 20 Civ. 833 (PAE) MEMORANDUM OF LAW IN SUPPORT OF THE FEDERAL BUREAU OF PRISONS'S MOTION FOR SUMMARY JUDGMENT AUDREY STRAUSS Acting United States Attorney Southern District of New York 86 Chambers Street, Third Floor New York, New York 10007 Telephone: (212) 637-2715 Facsimile: (212) 637-2717 STEVEN J. KOCHEVAR Assistant United States Attorney — Of Counsel — EFTA00075437 Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 2 of 30 TABLE OF CONTENTS PRELIMINARY STATEMENT BACKGROUND 2 I. Criminal Proceedings Against Jeffrey Epstein 2 II. Criminal Proceedings Against Tova Noel and Michael Thomas 2 III. Criminal Proceedings Against Nicholas Tartaglione 3 IV. The Times's FOIA Requests and This Action 3 ARGUMENT 4 I. FOIA and the Summary Judgment S
Case 1:20-cv-00833-PAE Document 27 Filed 09/10/20 Page 1 of 29
Case 1:20-cv-00833-PAE Document 27 Filed 09/10/20 Page 1 of 29 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X THE NEW YORK TIMES COMPANY, Plaintiff, No. 20-cv-00833 (PAE) v. FEDERAL BUREAU OF PRISONS, Defendant. X MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT David E. McCraw Al-Amyn Sumar Alexandra Perloff-Giles The New York Times Company Legal Department Counsel for Plaintiff EFTA00071624 Case 1:20-cv-00833-PAE Document 27 Filed 09/10/20 Page 2 of 29 TABLE OF CONTENTS TABLE OF AUTHORITIES iii PRELIMINARY STATEMENT 1 FACTUAL BACKGROUND 2 I. Epstein's Arrest and Suicide 2 II. Procedural History 4 ARGUMENT 5 I. The Government Has Not Met Its Burden of Showing the Search was Adequate 6 II. The Government Has Not Met Its Burden of Justifying Withholding Under Exemption 7(A) 8 III. The Government Has Not Met Its Burden of Justifying Withholdin
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