EFTA00031263.pdf

"TOVA NOEL and MICHAEL THOMAS, Defendants. ... 19 Cr. 830 (AT)"

"TOVA NOEL and MICHAEL THOMAS, Defendants. ... 19 Cr. 830 (AT)"

"UNITED STATES OF AMERICA ... 19 Cr. 830 (AT)"

"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)"

"defendants were working as correctional officers at the MCC"

"defendants were working as correctional officers at the MCC"

"Indictment 19 Cr. 830 (AT) (the Indictment) was filed on November 19, 2019, charging defendants Tova Noel and Michael Thomas"

"Indictment 19 Cr. 830 (AT) (the Indictment) was filed on November 19, 2019, charging defendants Tova Noel and Michael Thomas"

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

"five counts of making or using a false writing or document, in violation of Title 18, United States Code, Sections 1001(a)(3)... Both defendants are c"

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

"Thomas asks the Court to compel the Government to produce any reports, witness statements, memorandum, and documents from any separate investigation c"

"any reports, witness statements, memorandum, and documents from any separate investigation conducted by the BOP ... surrounding the death of Jeffrey E"

"evaluating the guilt or innocence of the defendant ... Thomas's efforts to garner sympathy, put the Government on trial, and deflect blame for his own"

"the MCC (a component of the BOP)"

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

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

"those underlying materials—which focus primarily on the events of August 9 and 10, 2019, the incarceration of Jeffrey Epstein, and related MCC records"

"the DOJ-OIG attorneys preparing the Report"

"who falsified count slips along with Tova Noel for the 4 p.m. and 10 p.m. institutional counts on August 9, 2019"

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

"who falsified count slips along with Tova Noel for the 4 p.m. and 10 p.m. institutional counts on August 9, 2019"

"defendants failed to perform mandated counts of prisoners housed in MCC's Special Housing Unit (SHU)... when the defendants were working as correction"

"employee files and staffing history for Noel and Thomas"

"employee files and staffing history for Noel and Thomas"

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

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

"The Inspector General's report investigating the death of Jeffrey Epstein"

"On April 9, 2020, Thomas filed the instant motion seeking an order from the Court compelling the Government to produce the following"

"Thomas seeks evidence of... instances in which other BOP employees were not prosecuted so that he can engage in attempted jury nullification"

"Thomas will assert that the rampant staffing shortages present at the MCC in August of 2019 led to the conduct for which Mr. Thomas is now criminally "

"None of Thomas's proffered excuses relate to proving or rebutting the elements of a violation of 18 U.S.C. 1001(a)(3)"

"Thomas seeks evidence... so that he can engage in attempted jury nullification by arguing that those conditions led to the criminal conduct that he is"

"Mr. Thomas will assert that the rampant staffing shortages present at the MCC in August of 2019 led to the conduct for which Mr. Thomas is now crimina"

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

"DEFENDANT MICHAEL THOMAS'S MOTION TO COMPEL"

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

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

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

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

"The defendant claims, based on a CNN article, that the U.S. Marshal Service (USMS) conducted an investigation ... surrounding the death of Jeffrey Eps"

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

"Thomas's motion should be denied for the reason that the materials sought are protected by the deliberative process privilege"

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

"Thomas challenges the Government's decision to prosecute him at all, based on his wholly unsupported claim that the criminal conduct with which he is "

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

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

"Thomas has offered no reason to believe that most if not all of the records that he seeks-such as records of other instances of BOP employees failing "