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, as a result, video from outside the defendant's cell on July 22 — 23, 2019 (Le. the requested video) no longer exists. On or about July 23, 2019, at approximately 1:27 a.m., MCC corrections officers responded to the cell ("Cell-1") that the defendant shared with Jeffrey Epstein. On or about July 25, 2019, defense counsel requested that MCC preserve video footage from outside the defendant's cell from July 22, 2019 at 11:00 p.m. through July 23, 2019 at 4:00 a.m. From speaking with MCC legal counsel, the Government understands that in response to this request, MCC legal counsel looked up the defendant's cell number in the MCC computer system and thereafter requested that MCC staff preserve video from outside of that cell for the requested time period. An MCC staff member confirmed that the video had been preserved. On or about January 3, 2020, the MCC provided the Government with a copy of the video that it had preserved, which the Government then converted into a playable fo