Deferred Prosecution/Misdemeanor Request Memorandum United States v. Tova Noel, 19 Cr. 830 (AD' AUSAs: — Federal Bureau of Investigation Agent: — Department of Justice, Office of the Inspector General Defendant: Tova Noel Age: • al Noel graduated from high school in 2005 at the age of 16. At age 18, she began taking classes at the Borough of Manhattan Education: Community College. She enlisted in the Army National Guard in 2008 and in 2012 was deployed to Kuwait for active duty in support of Operation Enduring Freedom. During her military service, Noel took courses at ASA College in New York City and earned an Prior to charging this case, we gave defense counsel for Noel an opportunity to meet with the case team, unit supervisors, and the United States Attorney. During the meeting, defense counsel urged a declination or deferred prosecution, but did not raise the majority of the arguments set forth in the deferred prosecution request (the "Request"). The defendant did not make a written deferred prosecution submission prior to charging. As is discussed in more detail below, the Request provides multiple facts not known to us at the time of the charging decision, as well as a discussion of how similar cases have been handled in other districts. In particular, the Request explains that Noel intended to do the counts and rounds but could not do so because her co- defendant refused to assist her, and it was against BOP regulations for her to perform them on her own. Noel's counsel also identified a case in the Western District in which non-prosecution agreements were offered to the defendants, correctional officers who were charged for falsely representing that they completed rounds in the SHU when an inmate homicide took place. Noel's counsel also provided additional information about United States v. Hernandez, a case from the Northern District of Texas that we relied upon as precedent in making the charging decision in the instant case