The Law Offices of
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IIII The Law Offices of MONTELL FIGGINS Ise 17 Academy Street, Suite 305 Newark, New Jersey 07102 Phone: (973) 2424700 Fax: (973) 242.4701 www.figgInslaw.com 140 East Ridgewood Avenue Paramus, NJ 07640 Reply to Newark Office [X] ASSOCIATES Kenneth E. Brown, Esq. Linda Childs. Esq. SENT VIA EMAIL Assistant United States Attorneys Southern District of New York One Saint Andrew's Plaza New York, NY 10007 Dear Ms. BRANCH OFFICES: 30 Wall Street tr Floor New York. NY 1005 January 29, 2020 Re: State of NY v Michael Thomas, et al. Docket No.: 1:19-cr-00830 Discovery Request As previously discussed, I am making a formal request pursuant to Rule 16(a)(1)(C) for any and all reports, memorandums, written statements, photos, videos, and incident reports created, manufactured or possessed by the United States Inspector General. Please see U.S. v. Bryan, 868 F.2d 1032 (1989) if you maintain that Mr. Thomas is not entitled to the requested documents. Respectfully your
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Visit of
Visit of United States Attorney's Office for the Southern District of New York October 10, 2019 MCC-Epstein Investigation will present on their investigation into the events at the Metropolitan Correctional Center on August 9-10, 2019, the night that Jeffrey Epstein committed suicide. In the last two months, our Office, along with agents from the FBI and DOJ-OIG, have interviewed more than 40 witnesses, including 27 MCC employees and 16 inmates at MCC; reviewed records from the MCC as well as financial records for the relevant employees; conducted searches of the cellphones used by certain of the relevant prison guards, and reviewed dozens of hours of the limited videotape evidence the FBI has thus far been able to recover in the face of technical data recovery issues. The investigation has determined principally that the two prison officers responsible for the SHU area during the night of August 9 and early morning hours of August 10 — Michael Thomas and Tova Noel — d
Case 1:20-cv-00833-PAE Document 41 Filed 01/15/21 Page 1 of 25
Case 1:20-cv-00833-PAE Document 41 Filed 01/15/21 Page 1 of 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE NEW YORK TIMES COMPANY, Plaintiff, -v- FEDERAL BUREAU OF PRISONS, Defendant. X 20 Civ. 833 (PAE) REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF THE FEDERAL BUREAU OF PRISONS'S MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFF'S CROSS-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 Assistant United States Attorney — Of Counsel — EFTA00099598 Case 1:20-cv-00833-PAE Document 41 Filed 01/15/21 Page 2 of 25 TABLE OF CONTENTS PRELIMINARY STATEMENT 1 BACKGROUND 2 I. BOP's Productions Since August 5, 2020 2 II. BOP's Withholdings of Returned Records 3 A. Withholding of Some Returned Records in Full or in Part Pursuant to Exemption 7(A) 4 B. Withholding of Some Returned Records in Full or in Part Pursuant to Exemption 6
Subject: RE: Epstein FOIA Question
From: To: Subject: RE: Epstein FOIA Question Date: Mon, 19 Jul 2021 17:32:50 +0000 I am around until 2:00 and then after 4:00 today at . I am also around most of the day tomorrow—please just let me know when would work best for you. Thanks, From: Jul 14, 2021 12:22 PM To: Subject: RE: Epstein FOIA Question Monday works just fine, enjoy your time off! Frorr Sent: Wednesda To Cc: Jul 14 202112:20 PM Subject: e:Epstein Question am Thanks for checking in. I am actually out for the rest of this week (technically) could we chat on Monday? Alternatively, please feel free to give me a call at—if we need to speak before then—I've got my phone and am partly on email. Thanks Sent from my iPhone On Jul 14, 2021, at 11:40 AM, wrote: As you know, the Office of Inspector General interviewed Tova Noel and Michael Thomas as part of its ongoing investigation. ho I've copied and is the Deputy Assistant Inspector General for Investigations, has a FOIA-related urning over tr
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
90A-NY-3151227 Serial 64
90A-NY-3151227 Serial 64 FD-302 (Rev. 5-8-10) •1 of 1. FEDERAL BUREAU OF INVESTIGATION Date of entry 08/28/2019 On August 16, 2019, at the Metropolitan Correctional Center (MCC) III , New York, NY, Special Agent (SA) , SA , TFO , OIG Investigator and MCC Lt. interviewed LEONARDO FERNANDEZ, MCC Inmate #86824-054. After being advised of the identities of the agents and the purpose of the interview, FERNANDEZ provided the following information: On Friday (August 09, 2019), FERNANDEZ was housed in Cell 218 on L-TIER of the Special Housing Unit within MCC. He received a visit from his girlfriend, TYRELYSHANTI CRIAG, that day. He was suspected of receiving contraband at the visit and was placed in the dry room for approximately 25 hours. FERNANDEZ was then moved to K tier Cell 111. FERNANDEZ last day being housed in L Tier was Friday (August 9, 2019) prior to his visit. FERNANDEZ remembers that JEFFREY EPSTEIN would be in legal from approximately 9am to 9pm and he was
Case 1:20-cv-00833-PAE Document 41 Filed 01/15/21 Page 1 of 25
Case 1:20-cv-00833-PAE Document 41 Filed 01/15/21 Page 1 of 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK • THE NEW YORK TIMES COMPANY, Plaintiff, -v- FEDERAL BUREAU OF PRISONS, Defendant. X 20 Civ. 833 (PAE) REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF THE FEDERAL BUREAU OF PRISONS'S MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFF'S CROSS-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 EFTA00071584 Case 1:20-cv-00833-PAE Document 41 Filed 01/15/21 Page 2 of 25 TABLE OF CONTENTS PRELIMINARY STATEMENT 1 BACKGROUND 2 I. BOP's Productions Since August 5, 2020 2 II. BOP's Withholdings of Returned Records 3 A. Withholding of Some Returned Records in Full or in Part Pursuant to Exemption 7(A) 4 B. Withholding of Some Returned Records in Full or in Part Pursuant to Exemption 6 and 7(C) ...4 C. Withholding of Some Returned
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