U.S. Department of Justice

U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew's Plaza New York, New York 10007 October 13, 2020 BY USAfx Jason E. Foy Foy & Seplowitz LLC Re: United States v. Tova Noel No. 19 Cr. 830 Dear Counsel: This letter provides additional discovery pursuant to Rule 16(a) of the Federal Rules of Criminal Procedure. This letter and the materials identified herein are subject to the protective order entered in this case on December 16, 2019, and have been designated as "Protected Materials" as defined in the order where noted below. Accordingly, the materials and information 'dentified herein shall not be disclosed to any third party or referenced publicly except as set forth in the protective order. Description Bates Numbers Classification Pursuant to Protective Order Emails from MCC employee email accounts' SDNY_00008724 — SDNY_000 13257 Confidential FBI interview and investigation memoranda SDNY_000 13258 — SDNY_000 13324 Confidential Records of evidence seizures and submissions SDNY_000 13325 — SDNY_000 13424 Confidential 1 The Bureau of Prisons ("BOP") provided to the Government the contents of 24 email accounts used by MCC employees, including an account used by each of the defendants. The list of email custodians is available upon request. In total, the Government was provided with approximately 45,000 emails and attachments within those accounts, which appear to have been copied on or around August 19, 2019. In a prior discovery production, the Government produced the entirety of the account used by your client to you. Through the manual review of emails in some (but not all) of the accounts, as well as the use of keyword searches across all accounts, the Government has identified the documents that it is producing now. The Government used the keywords "Epstein," "suicide," "institutional count," "rounds," "30 minute," and "count slip." While we believe the remaining materials are not discoverable under Rule 16, if you believe additional searches should be run, please let us know and we will consider your request. 06.20.2018 EFTA00066050 Page 2 Intake documents and receipts SDNY_000 13425 — SDNY_000 13429 Confidential Documents produced to the Government by the BOP as part of FOIA litigation SDNY_000 13430 — SDNY_00017751 Confidential BOP memorandum re: Psychological Reconstruction of Jeffrey Epstein dated September 17, 2019 SDNY_000 17752 — SDNY_000 17767 Confidential MCC Watch Call for August 9, 2019 and August 10, 2019 SDNY_000 17768 — SDNY_00017771 Confidential Anonymized index SDNY_000 17772 Attorney's Eyes Only Additionally, the Government is producing he following materials only to your client: Description Bates Numbers Classification Pursuant to Protective Order Background search results SDNY_TN_00020858 — SDNYJN_00020910 BOP PIV Card, Sponsorship, Adjudication and SDNY_TN_00020911 Very truly yours, AUDREY STRAUSS Acting United States Attorney for the Southern District of New York By: Is/ Assistant United States Attorneys 06.20.2018 EFTA00066051