Case 1:20-cv-00833-PAE Document 52 (Ex Parte) Filed 04/28/21 Page 1 of 2

Case 1:20-cv-00833-PAE Document 52 (Ex Parte) Filed 04/28/21 Page 1 of 2 U.S. Department of Justice United States Attorney Southern District of New York 86 Chambers Street New York, New York 10007 April 28, 2021 Submitted Ex Pane and Under Seal By ECF The Honorable Paul A. Engelmayer United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Re: The New York Times Co. v. Federal Bureau of Prisons, 20 Civ. 833 (PAE) Dear Judge Engelmayer: This Office represents defendant the Federal Bureau of Prisons ("BOP") in this Freedom of Information Act ("FOR"), 5 U.S.C. § 552, action brought by plaintiff the New York Times Company (the "Times") seeking the release of certain records related to Jeffrey Epstein. I write respectfully to update the Court on the status of United States v. Noel, I 9-cr-830 (AT), and to explain the basis for the Government's request, submitted contemporaneously by public letter motion, to extend the deadlines for the parties to submit a proposed schedule for the production of remaining documents and for the Government to produce remaining documents. Today, this Office preliminarily approved and submitted to Pretrial Services for its review deferred prosecution agreements covering both of the defendants in Noel. Before the agreements can be finalized, Pretrial Services must accept the defendants for supervision pursuant to the proposed agreements and conduct a Pretrial Services investigation in advance of doing so. Pretrial Services has indicated that this process will be completed within forty-five days, although this Office is seeking to expedite Pretrial Services's review. Following Pretrial Services's review, the defendants must review and accept the final agreements. In the event Pretrial Services is able to expedite its review, the Government estimates that approximately one month remains before any final deferred prosecution agreements could be submitted to Judge Torres and publicly disclosed, including to the Times. The Government understands that its proposed schedule is not as expeditious as the Court initially ordered, but believes there is an increasing likelihood that Noel will resolve shortly. The Government's present request is intended to conserve the resources of the Government and the Court with respect to the Government's reliance on Exemption 7(A) on the basis of the Noel prosecution. The Government has made and will continue to make best efforts to process records in connection with its reliance on other exemptions and Exemption 7(A) on the basis of United States v. Tartaglione, I 6-cr-832 (KMK). The Government also intends to precisely mark out its reliance on Exemption 7(A) on the basis of the Noel prosecution in its upcoming production of documents withheld in full or in part under Exemption 7(A) on the basis of Tartaglione. EFTA00085213 Case 1:20-cv-00833-PAE Document 52 (Ex Parte) Filed 04/28/21 Page 2 of 2 Page 2 Because of the sensitive and confidential nature of this Office's efforts to resolve Noel, the Government respectfully requests that this letter be filed ex parte and under seal and that it remain under seal until Noel is resolved. I thank the Court for its consideration of this submission. Respectfully submitted, AUDREY STRAUSS United States Attorney By: Steven J. Kochevar Steven J. Kochevar Assistant United States Attorney 300 Quarropas Street White Plains, NY 10007 Telephone: (914) 993-1928 Email: steven.kochevar@usdoj.gov EFTA00085214