From: USA-R System To: < Cc: Subject: Submitted Report: Case-Related Urgent: Major Development in a Significant Investigation or Litigation Date: Tue, 29 Jun 2021 17:18:52 +0000 Importance: Normal Reporting District: SOUTHERN DISTRICT OF NEW YORK Synopsis: USAO-SDNY's defense of the Bureau of Prisons ("BOP") in ongoing "FOIA" Litigation against NY Times Description: SYNOPSIS: In connection with USAO-SDNY's defense of the Bureau of Prisons ("BOP") in ongoing Freedom of Information Act ("FOIA") litigation against The New York Times, on Friday, July 2, 2021, the USAO- SDNY plans to release approximately 2,700 pages of BOP documents related to Jeffrey Epstein's incarceration and suicide at the Metropolitan Correctional Center ("MCC"). These records were previously withheld due to the ongoing criminal prosecution against Tova Noel and Michael Thomas for falsifying records on the night of Epstein's suicide. As noted in UMR #2021-05-66021, USAO- SDNY entered into deferred prosecution agreements with Noel and Thomas in May 2021 and as such, USAO-SDNY no longer plans to assert a FOIA exception related to that criminal prosecution. The BOP documents the USAO-SDNY plans to release to The New York Times, which will be immediately available for publication by the Times, include: (i) internal BOP memoranda describing the events and circumstances of Epstein's incarceration and suicide, including the numerous failures that allowed Epstein the opportunity to kill himself; (ii) Epstein's psychological records from MCC; (iii) the autopsy report prepared by the New York City Office of the Medical Examiner ("OCME"); and (iv) internal emails within BOP and between BOP and USAO-SDNY from the day of Epstein's suicide reflecting generally a lack of understanding of what had happened. USAO-SDNY has notified our counterparts at the BOP and DOJ-OIG about the pending release. DESCRIPTION: On August 10, 2019, inmate Jeffrey Epstein committed suicide while housed in the