EFTA00029061.pdf

From: " (USANYS)"
To: " (USANYS)"
Subject: FW: UMR
Date: Wed, 23 Jun 2021 22:04:39 +0000

UMR number below

From: (USANYS)
Sent: Thursday, May 20, 2021 1:18 PM
To: (USANYS)
Cc: (USANYS)
(USANYS)
(USANYS)
(USANYS)
Subject: RE: UMR

UMR Filed 2021-05-66021

From: (USANYS)
Sent: Thursday, May 20, 2021 8:22 AM
To: (USANYS)
Cc: (USANYS)
(USANYS)
(USANYS)
(USANYS)
Subject: UMR

Can you please file this UMR and let this group know when it is done? Thanks.

TO:
THE OFFICE OF THE ATTORNEY GENERAL
THE OFFICE OF THE DEPUTY ATTORNEY GENERAL

FROM:
UNITED STATES ATTORNEY
SOUTHERN DISTRICT OF NEW YORK
PHONE:

DISTRICT POC:
U.S. Attorney

SYNOPSIS:

The USAO-SDNY plans to offer deferred prosecution agreements to two correctional officers, Tova Noel and Michael
Thomas, who were employed at the Manhattan Correctional Center ("MCC") and were previously charged with
making false statements and conspiring to (i) make false statements and (ii) interfere with or obstruct the lawful
function of the MCC. These charges, which were brought in November 2019, stem from the correctional officers'
"falsification of institutional count and round forms on the night that Jeffrey Epstein committed suicide. The deferred
prosecution agreements will require, among other things, the defendants to cooperate with a pending Office of
Inspector General investigation by providing truthful information about the events in question; an admission of guilt

from both defendants as to the conduct set forth in the indictment; and for both defendants to complete 100 hours of
community service, preferably in an area related to the criminal justice system. The USAO-SDNY plans to file a public
letter by Friday, May 21 notifying the Court of the defendants' acceptance of the deferred prosecution agreements and
seeking a hearing date; the USAO-SDNY anticipates that the deferred prosecution agreements will be entered by the
Court by the following Friday, May 28.

DESCRIPTION:

On November 14, 2019, USAO-SDNY obtained an indictment against Tova Noel and Michael Thomas which charged
them with multiple counts of making false statements, in violation of 18 U.S.C. § 1001, and conspiring to (ii) make false
statements and (ii) interfere with or obstruct the lawful function of the MCC, in violation of 18 U.S.C. § 371. As alleged
in the indictment, on August 9 and 10, 2019, the defendants falsely indicated on Bureau of Prison forms that they had
completed required institutional counts and rounds. On August 10, 2019, inmate Jeffrey Epstein committed suicide
while housed in the Special Housing Unit at the MCC. After discovering Epstein's body, the defendants admitted to
their supervisor that they had failed to conduct at least some of the required counts and rounds. The falsification of
records occurred prior to their discovery of Epstein's body.

The USAO-SDNY plans to offer deferred prosecution agreements to both defendants. The USAO-SDNY has determined
that deferring the defendants' prosecution is an outcome consistent with the interests of justice, the mitigating
personal circumstances of the defendants, and the Department's practice in the overwhelming majority of other cases
in which correctional officers have been investigated or charged with falsifying count or round forms. As a condition of
the defendants' agreement, they will be required to admit their guilt and cooperate by providing truthful information
with the Office of Inspector General, which is preparing a report on, among other things, their conduct on the night in
question, the circumstances in which they discovered Epstein's body after his suicide, and the institutional failures that
led to Epstein's death at the MCC. The agreement does not preclude any administrative action or termination by the
Bureau of Prisons. The defendants will also be subject to pretrial supervision for six months, must refrain from
committing any crimes, and will be required to complete 100 hours of community service. This outcome is supported
by the investigative agencies, the Department of Justice, Office of the Inspector General, as well as the Federal Bureau
of Investigation, and has been approved by Pretrial Services. The USAO-SDNY plans to send a public letter by May 21,
2021 to notify the Court that the Government has offered, and the defendants have accepted, deferred prosecution
agreements, and in order to request a hearing date, which the Government expects to be scheduled for the following
week, by May 28.

EFTA00029061

EFTA00029062