EFTA00027307.pdf

"TOVA NOEL and MICHAEL THOMAS, Defendants"

"TOVA NOEL and MICHAEL THOMAS, Defendants"

"MEMORANDUM OF LAW OF THE UNITED STATES OF AMERICA IN OPPOSITION TO DEFENDANT MICHAEL THOMAS'S MOTION TO COMPEL"

"UNITED STATES OF AMERICA ... TOVA NOEL and MICHAEL THOMAS, Defendants"

"GEOFFREY S. BERMAN United States Attorney"

"GEOFFREY S. BERMAN United States Attorney Southern District of New York"

"UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 19 Cr. 830 (AT)"

"the defendants were working as correctional officers at the MCC"

"the defendants were working as correctional officers at the MCC"

"charging defendants Tova Noel and Michael Thomas in six counts"

"charging defendants Tova Noel and Michael Thomas in six counts"

"The Government respectfully submits this memorandum of law in opposition to defendant Michael Thomas's motion"

"charging defendants Tova Noel and Michael Thomas in six counts: (i) conspiring to defraud the United States... in violation of Title 18, United States"

"Both defendants are charged in Counts One, Four, Five, and Six... violation of Title 18, United States Code, Sections 1001(a)(3) and 3"

"reports and notes of witness interviews prepared by agents from the Federal Bureau of Investigation (FBI)... who were participating in the investigati"

"reports and notes of witness interviews prepared by agents from... the DOJ-OIG who were participating in the investigation"

"Thomas, through counsel, previewed that he would also likely file a motion to dismiss the indictment based on selective prosecution."

"Case 1:19-cr-00830-AT Document 35... On January 29, 2020, Thomas and Noel each submitted discovery requests to the Government."

"the Government understands that the report will likely focus on the events surrounding the death of Jeffrey Epstein and BOP policies and procedures."

"On January 29, 2020, Thomas and Noel each submitted discovery requests to the Government."

"Noel's January 29 letter sought materials related to the MCC video surveillance system"

"The Government responded to the defendants' discovery requests by letter dated March 14, 2020."

"Thomas seeks in his motion are not material to preparing a defense... irrelevent to countering the Government's false statements case"

"None of Thomas's proffered excuses relate to proving or rebutting the elements of a violation of 18 U.S.C. 100I(a)(3)"

"Nor are those excuses relevant to whether Thomas had a criminal agreement with his co-defendant"

"Thomas argues that because he was aware of incidents where BOP employees falsified records and their conduct did not lead to their indictment or incar"

"evaluating the guilt or innocence of the defendant. See United States v. Gibbons, 602 F.2d 1044, 1048 (2d Cir. 1979)"

"not a defense to a false statements or conspiracy charge because the conduct of other BOP employees is irrelevant to each of the foregoing elements."

"not a defense to a false statements or conspiracy charge because the conduct of other BOP employees is irrelevant"

"Thomas seeks a variety of records from the BOP... strategically decisions about the prosecution of the case"

"Government was not involved in any internal BOP investigation into the circumstances surrounding Epstein's suicide"

"the MCC (a component of the BOP)"

"the Government has produced Brady, Giglio, and Rule 16 material in the possession of the prosecutors and agents at the United States Attorney's Office"

"the case teams at the FBI and DOJ-OIG who worked on this criminal investigation"

"the Government obtained records from the MCC (a component of the BOP) pursuant to a grand jury subpoena"

"Thomas's motion should be denied... Thomas argues that any report by the Inspector General... Thomas's motion can be denied"

"the incarceration of Jeffrey Epstein, and related MCC records"

"those attorneys from DOJ-OIG responsible for writing the Report have not yet completed a draft"

"Thomas is not charged with failing to conduct counts, he is charged with making false statements about those counts."

"Respectfully submitted, GEOFFREY S. BERMAN United States Attorney"

"reports generated by investigators within the [BOP] regarding the August 10, 2019 incident... and documents maintained by the BOP regarding the discip"

"disciplinary records of any and all MCC employees who have engaged in the same or similar conduct"

"Thomas also questions why his supervisors or other MCC personnel who received and reviewed Thomas's false count slips were not also prosecuted"

"Any Draft Inspector General Report is Not Subject to Disclosure"

"the defendants failed to perform mandated counts of prisoners housed in MCC's Special Housing Unit (SHU)"

"Thomas submitted another discovery request to the Government, seeking... information from the BOP regarding other correctional officers... and documen"

"The January 30, 2020 production was made to Noel's counsel... Noel's January 29 letter sought materials related to the MCC video surveillance system"

"employee files and staffing history for Noel and Thomas; and a wide range of written Bureau of Prison policies and regulations"

"employee files and staffing history for Noel and Thomas... whether Thomas had a criminal agreement with his co-defendant"

"staffing rosters for the three-week period surrounding Epstein's suicide; internal MCC phone records"