Nicholas Tartaglione

u./ 4-ittukt Case 7:16-cr-00832-KMK DocuerO nt 120a FlreMS9 l Pace / o zu loud Slew UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA SUPERSEDING INDICTMENT S4 16 Cr. 832 (KMK) NICHOLAS TARTAGLIONE, Defendant. X COUNT ONE The Grand Jury charges: 1. From at least in or about 2015, up to and including in or about April 2016, in the Southern District of New York and elsewhere, NICHOLAS TARTAGLIONE, the defendant, and others known and unknown, intentionally and knowingly did combine, conspire, confederate, and agree together and with each other to violate the narcotics laws of the United States, 2. It was a part and an object of the conspiracy that NICHOLAS TARTAGLIONE, the defendant, and others known and unknown, would and did distribute and possess with intent to distribute a controlled substance, in violation of Title 21, United States Code, Section 841(a)(1). 3. The controlled substance that NICHOLAS TARTAGLIONE, the def

Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 1 of 30 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X THE NEW YORK TIMES COMPANY, Plaintiff, -v- FEDERAL BUREAU OF PRISONS, Defendant. 20 Civ. 833 (PAE) MEMORANDUM OF LAW IN SUPPORT OF THE FEDERAL BUREAU OF PRISONS'S MOTION FOR SUMMARY JUDGMENT AUDREY STRAUSS Acting United States Attorney Southern District of New York 86 Chambers Street, Third Floor T - I . ../11".• EFTA00071554 Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 2 of 30 TABLE OF CONTENTS PRELIMINARY STATEMENT BACKGROUND 2 I. Criminal Proceedings Against Jeffrey Epstein 2 II. Criminal Proceedings Against Tova Noel and Michael Thomas 2 III. Criminal Proceedings Against Nicholas Tartaglione 3 IV. The Times's FOIA Requests and This Action 3 ARGUMENT 4 I. FOIA and the Summary Judgment Standard 4 II. BOP Conducted an Adequate Search for Responsive Records 5 III. BOP's Withholdings Were Proper 6 IV. BOP Ha

Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 1 of 30 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X THE NEW YORK TIMES COMPANY, Plaintiff, -v- FEDERAL BUREAU OF PRISONS, Defendant. 20 Civ. 833 (PAE) MEMORANDUM OF LAW IN SUPPORT OF THE FEDERAL BUREAU OF PRISONS'S MOTION FOR SUMMARY JUDGMENT AUDREY STRAUSS Acting United States Attorney Southern District of New York 86 Chambers Street, Third Floor New York, New York 10007 Telephone: (212) 637-2715 Facsimile: (212) 637-2717 STEVEN J. KOCHEVAR Assistant United States Attorney - Of Counsel - EFTA00075437 Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 2 of 30 TABLE OF CONTENTS PRELIMINARY STATEMENT BACKGROUND 2 I. Criminal Proceedings Against Jeffrey Epstein 2 II. Criminal Proceedings Against Tova Noel and Michael Thomas 2 III. Criminal Proceedings Against Nicholas Tartaglione 3 IV. The Times's FOIA Requests and This Action 3 ARGUMENT 4 I. FOIA and the Summary Judgment S

U.S. Department of Justice United States Attorney Southern District of New York United States Courthouse White Plains. New York 10601 December 19, 2019 BY ECF The Honorable Kenneth M. Karas United States District Judge Southern District of New York White Plains, NY 10601 Re: United States v. Nicholas Tartaglione, S4 16 Cr. 832 (KMK) Dear Judge Karas: The Government respectfully submits this letter to update the Court regarding the defense's request for certain video footage from inside the Metropolitan Correctional Center ("MCC") on July 22 - July 23, 2019 (the "Video"). Earlier today, the Government confirmed with MCC staff that the Video was preserved by MCC staff upon defense counsel's request in July 2019, and the Government is in the process of obtaining a copy of the Video from the MCC. Once the Government obtains a copy of the Video, the Government intends to make it available for defense counsel's review at the United States Attorney's Office. Respectfully

U.S. Department of Justice United States Attorney Southern District of New York United States Courthouse White Plains. New York 10601 January 9, 2020 BY ECF The Honorable Kenneth M. Karas United States District Judge Southern District of New York White Plains, NY 10601 Re: United States v. Nicholas Tartaglione, S4 16 Cr. 832 (KMK) Dear Judge Karas: The Government respectfully submits this letter to provide a further update to the Court regarding the defense's request for video footage from outside the defendant's cell at the Metropolitan Correctional Center ("MCC") on July 22 - July 23, 2019. On or about December 19, 2019, the Government informed the Court and defense counsel that it had confirmed with MCC staff that the requested video had been preserved, and that the Government was working to obtain a copy from MCC. As set forth in greater detail below, the Government has learned that the MCC inadvertently preserved video from the wrong tier within the MCC, and,

Inmate Investigative Report Institution: New York MCC Case Number: NYM-19-0061 Investigation Type: Investigative / Threat Assessment U.S. Department of Justice Federal Bureau of Prisons Inmates Involved: Register Number Name Role 76318054 EPSTEIN, JEFFREY Not Known 78514054 TARTAGLIONE, NICHOLAS Not Known Staff Involved: Name "No information was found for the given cntena.- Others Involved: Name "No information was found for the given criteria.** Investigator: Captain: Associate Warden: Warden: Title Title Date: 8/1/2019 5:06:24 AM CST Date: 8/2/2019 10:06:35 AM CST Date: 8/2/2019 10:32:28 AM CST Date: 8/2/2019 11:34:41 AM CST SBU - Sensitive But Unclassified Page 1 of 5 FOIA Exempt EFTA00080269 Summary: On July 23, 2019 at approximately 1:27 a.m., while making routine rounds inside the Special Housing Unit, staff observed inmate Epstein, Jeffrey Reg. No. 76318-054, lying in the fetal position on the floor with a homemade fashioned noose around his