LIMITED OFFICIAL USE
Summary
LIMITED OFFICIAL USE DEPARTMENT OF JUSTICE I OFFICE OF THE INSPECTOR GENERAL MEMORANDUM OF INVESTIGATION Case Number: 2019-010614 Reporting Office: New York City Office Disposition of Evidence On December 19, 2024, Special Agent (SA) and SAS U.S. Department of Justice (DOJ) Office of the Inspector General (OIG), transferred custody (final dis osition) of evidence related to DOJ OIG Case Number 2019-010614 to Special Investigation Agents (SlAs) and Federal Bureau of Prisons (BOP), Metropolitan Detention Center Brooklyn in New York. SA previously received final disposition approval from Assistant United States Attorney Southern District of New York, United States Attorney's Office. The followini•ns, as previously documented on OIG Form III-234/1, Evidence Custody Documents, were provided to SlAs and M. • Log 1, Item 1 - Annual Refresher Training for March 2019 • Log 1, Item 2 - Annual Refresher Training for April 2019 • Log 2, Item 1 - 5:00 a.m. count slips for
Persons Referenced (5)
“...em 1 - Personnel file for Michael Thomas • Log 9, Item 2 - Personnel file for Tova Noel • Log 9, Item 3 - Personnel file for • Log 9, Item 4 - Personnel file for...”
Michael Thomas“...ies for July 1, 2019, to August 19, 2019 • Log 9, Item 1 - Personnel file for Michael Thomas • Log 9, Item 2 - Personnel file for Tova Noel • Log 9, Item 3 - Personnel...”
MICHAEL THOMAS“...ies for July 1, 2019, to August 19, 2019 • Log 9, Item 1 - Personnel file for Michael Thomas • Log 9, Item 2 - Personnel file for Tova Noel • Log 9, Item 3 - Personnel...”
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EFTA DisclosureRelated Documents (6)
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
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
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
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 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
UNITED STATES DISTRICT COURT
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK INDICTMENT UNITED STATES OF AMERICA 19 Cr. TOVA NOEL and MICHAEL THOMAS, Defendants. 19 CRIM X INTRODUCTION 1. On or about August 10, 2019, TOVA NOEL and MICHAEL THOMAS, the defendants, in dereliction of their duties as correctional officers at the Metropolitan Correctional Center ("MCC"), repeatedly failed to perform mandated counts of prisoners under their watch in the MCC's Special Housing Unit ("SHU"). Instead, for substantial portions of their shifts, NOEL and THOMAS sat at their desk, browsed the internet, and moved around the common area of the SHU. To conceal their failure to perform their duties, NOEL and THOMAS repeatedly signed false certifications attesting to having conducted multiple counts of inmates when, in truth and in fact, they never conducted such counts. As a result of those false statements, the MCC believed prisoners in the SHU were being regularly monitored and accounted for w
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