met! vpvil tan iettiveicn L 1 uteu 150 Park Row New York, New York 10007 p: (646)836-6455 F. (646)836-7665 >>>' I forgot to attach the additional > 9/3/20191:51 PM > » report and news articles. From: Sent: Tuesda Se tember 3, 2019 1:49 PM To: <a 10johnsonPbop.gov> Cc: Rebold, Jonathan (USANYS) <JReboldPusa.doj.gov> Subject: Follow up requests from UK re: extradition I'm sure you're inundated with inquiries right now, so I apologize for adding to your load. You may remember that we had consulted with you and BOP HQ regarding conditions at the MCC and M DC in connection with defendant Jabir Motiwala's opposition to extradition from the UK. Following Jeffrey Epstein's death, Motiwala has filed an additional report by former-warden and attached news articles about the conditions at the MCC. The attorneys in the UK handling the extradition have asked for our response. They recognize that we may not be able to address all of their questions in light of ongoing investigations, but is there any information we can provide with respect to the following (or could you let us know the proper person/people to talk to)? i. With regards to the warden of the MCC and two staff members whom are said to have been reassigned since the death of Mr Epstein, are you able to confirm that their roles have been filled with suitable alternatives? In particular please provide any information about the knowledge and experience of the new warden that you are able to. [page 1, Report, dated 22 August 2019] Is it possible to comment on the decision to take Mr Epstein off suicide watch and whether either, that decision was justified in the circumstances or if considered to be the wrong decision, that new measures are now in place to ensure any mistakes are not repeated. Please detail any new measures on this particular issue now in place if you are able to. [page 2, Report, dated 22 August 2019] Can you provide any explanation as to why Mr Epstein did not have a new inmate sharing his cell in the Special Housing Unit ("SHU") on 9 August 2019 after his other cellmate was moved? Do you accept that there should have been someone sharing his cell in light of his recent apparent suicide attempt? If so, have any new protocols been put in place to ensure this does not happen again? If you do not accept that this occurred or cannot comment on this directly, what general measures are in place to ensure people who have been moved to the SHU following a suicide attempt share a cell with others where possible? [page 2, Report, dated 22 August 2019) Page 10164 EFTA00042675

iv. Is it correct that the two correctional officers due to be carrying out half-hourly checks on Mr Epstein did not carry out any check upon him for a period of several hours before he was discovered in his cell and were instead sleeping? If you accept this is correct what steps have been taken, if any, to prevent this occurring in future? If you do not accept that this occurred or cannot comment on this directly, what general measures are in place to monitor those who have been moved to the SHU following a suicide attempt, and how is it ensured that those measures are safely carried out by staff members? [page 2/3, Report, dated 22 August 2019] v. vi. Is it correct that the correctional officers concerned falsified records in regards to the checks they should have carried out? If you accept this is correct what steps have been taken if any to prevent this occurring in future? If you do not accept that this occurred or cannot comment on this directly, what general measures if any are in place to ensure correctional officers do not falsify records and carry out their duties as required with regards to those who have been moved to the SHU following a suicide attempt? [page 3, Report, dated 22 August 2019]. Ms , as well as a number of news reports, state that of the two staff members assigned to monitor Mr Epstein, one of them was not usually a corrections officer but rather was employed by the warehouse and had volunteered to work an extra shift. If you accept this is correct, do you consider it to be appropriate to have such staff members carrying out that type of task and if so what measures are in place to ensure they are able to carry out that particular role safely? If you do not accept that this occurred or cannot comment on this directly, what general measures if any are in place to ensure staff members who do not usually work as correctional officers carry out the task of monitoring those who have been moved to the SHU following a suicide attempt in a safe manner? [page 3, Report, dated 22 August 2019] vii. In a news article, it is said that the BOP had tried to address staffing shortages "in part by using a practice called augmentation to temporarily assign employees who corrections officers to staff posts intended for detention guards". Do you accept that this occurred at the MCC? If so, is this practice still in place and what general measures if any are in place to ensure staff members who do not usually work as correctional officers are able to safely carry out the work of correctional officers, (for example do they receive special training on security or monitoring prisoners considered to be a suicide risk). [CNN Politics Website, "Union and lawmakers have long warned of 'dire' federal prison staffing shortages", 14 August 2019] viii. Ms as well as a number of news reports, state that of the two staff members assigned to monitor Mr Epstein, one of them (the corrections officer) had been working overtime and the other staff member was in the midst of an 80 hour week. Do you agree that many of the correctional officers at the MCC are required to work 60 — 70 hour weeks and if so what measures, if any, are in place to ensure that the prison is still run safely and Page 10165 EFTA00042676

suicidal prisoners are properly monitored? [page 3, Report, dated 22 August 2019] ix. Ms further states that the MCC is currently operating with less than 70% of the needed correctional officers. Do you accept that the MCC is operating with less than 70% of the needed correctional officers and if not, how would you describe the current staffing levels? If you agree that the MCC is 70% staffed, what measures, if any, are in place to ensure that the prison is still run safely and suicidal prisoners are properly monitored? [page 3, Report, dated 22 August 2019]. x. Ms states that the MCC was designed to house 474 inmates but that on the day of Mr Epstein's death its population was 763. Do you agree with those figures, and if so is the prison able to safely house that sized population, and what measures, if any, are in place to deal with a prison population of that size and ensure the conditions they are housed in remain humane? [page 14, Report, dated 22 August 2019]. xi. Ms states the following with regards to the sanitation conditions at MCC: "Three current MCC Staff Members very recently described to me the current sanitation conditions at the facility. One stated, "The facility is so disgusting it's like a prison in a third-world country. Cleaning supplies are not issued on a regular basis." The individual further advised, "Pest Control is horrible and ineffective, rats, mice and bugs are everywhere." Another Correctional Officer told me, "There are mice and bugs everywhere including inmates' cells." This information is consistent with my Court testimony on July 3, 2019, and my assessment in Paragraph 20 of my Declaration in the case of Mr. Motiwala. Further, it corroborates the many news reports, regarding the "rodent-infested MCC." Do you have any comment to make on those observations? (page 15, Report, dated 22 August 2019]. xii. Ms further states: "On a different, yet equally concerning topic, an MCC Correctional Officer advised me this past week, that there is blatant racial discord within the institution, especially amongst Correctional Officers. I did not witness this when I was Warden at MCC, and my contact advises it began a short time following my departure." Do you have any comment to make on those observations? [page 15, Report, dated 22 August 2019]. xiii. One news article referred to the fact that there was only one psychiatrist shared between the MCC and the other federal prison in New York, and a "handful of psychologists on the Page 10166 EFTA00042677

staff". It further states that conversations between psychologists and individuals on suicide watch occur "through a slot in the door" rather than in person. Is it still the case that there is a single psychiatrist shared between the MCC and the M DC? Do you agree with the characterisation that there are a handful of psychologists and consultations are carried out through a slot in the door? Have any changes or improvements been made to psychiatric and psychological care provision and staffing in the wake of the death of Mr Epstein or are any planned in the near future? Do you have any comment to make on the observations made generally? [News article "Jeffrey Epstein jail 'a gulag' in lower Manhattan", 12 August 2019] Our response is due to the UK September 16. Thank you so much, Assistant United States Attorney United States Attorney's Office Southern District of New York One Saint Andrew's Plaza New York, New York 10007 P: 212-637-2260 F: 212-637-0084 Page 10167 EFTA00042678

Properties Property Value MessagelD 5D7B7F62.NYMDOM I .NYMADMI.100.1373875.1.7 C376.I Message Path xmitslaibasn5D7B7F62.NYMDOMLNYMADMI.100 .1373875.1.7C376.I.sani From Display Name Entail cr2millcrgbop.gov UUID 431DB000-0C0C-000043B6E-16003A002D00 Reply To er2milkirUlxsp.gpv Text To Subject Fwd: RE: Follow up requests from UK re: extradition Scheduled date 2019-09-13 II:3706 Creation date 2019-09-13 1137116 Modified date 201949-17 07:3854 Delivered date 2019-09-13 1137107 Message sine 14505 Attachments she 37690 Total size 52206 Attachments I Attachment TF-XT.htm Name TEX'T.han Content ID 5D7B7F62.NYMDOMLNYMADM1.200.2000051.1.F 68BF.1€055D7B7F6.2.NYMDOMLNYMADMI.100.1 [email protected] .0.1.0.1@16 Is Inline false Type file Size 37690 Date 2019-09-13 07:37:12 CA 976274567e11761516c663cbc085f9 Hash 4F347134D730C79EB0790CAA49E805791Y2DDC876 D60F407423432EB4005161334D165AE80 Recipients I Recipient Display Name Email a 10)Arisengbonov llUID 2750CADO-09CA-0000-A8F4-1ACFMEA7575 Distribution Type TO Recipient Type User Expire 0 Delay delivery until 0 Delegated false Archived false Read true Deleted false Opened true Completed false Security Normal Box type Intox Return notification when opened false Return notification when deleted fake Return notification nhen completed false Return notification when declined false Return notification when accepted false Archive Version 5.3 Internal ID 5D7B7F62.NYMDOMLNYMADMI.100.1373875.1.7 C376.1@1:7.NYMDOMINYMADMI.100.0.1.0. I@ I 6 Source received Class Public Account NYMADM LNYMDOM I Location ID 1540842683886 Class Name GW.MESSAGE.MAIL Enclosing Folders I Folder Maabox ID 7.NYMDOMLNYMADM1.100.0.1.0.1@tI6 Name Mailbox Type Mailbox Page 10168 EFTA00042679

System Share Type UM NotShared Page 10169 EFTA00042680

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Fwd: RE: Follow up requests from UK re: extradition From To Date 2019/09/13 11:04 Subject: Fwd: RE: Follow up requests from UK re: extradition Attachments: TEXT.httn Can you clarify for him what a Care Level 2 is? Thanks! >> > "Rebold, Jonathan (USANYS)" <[email protected]> 9/13/2019 10:36 AM »> thank you so much for your thorough response. Just one question. You indicate that "inmates who are CC2-MH and above are pulled out for psychological interventions in SHU as deemed necessary." Can you please just define CCS-MH (and provide that in the context of other classifications)? From: Sent: Thursda , September 12, 2019 10:45 AM To: Cc: Stephanie Scannell <[email protected]>; Rebold, Jonathan (USANYS) <[email protected]> Subject: RE: Follow up requests from UK re: extradition HIM, I am still gathering information, but wanted to give you information to start. Warden J. is the Warden for the Federal Correctional Institution Otisville, NY, and is temporarily assigned to oversee MCC New York's operations. Warden began his career in 1994 as a Correctional Officer at the Federal Correctional Institution Schuylkill, Pennsylvania, where he advanced to positions of increasing responsibility: Correctional Treatment Specialist, Unit Manager, and Case Management Coordinator. In 2014, Warden promoted to Witness Security Coordinator in Washington, DC. He then promoted to Associate Warden at MDC Brooklyn, Deputy Regional Director for the Northeast Region of the Bureau of Prisons, and was named Warden at FCI Otisville this year. Warden honorably served his country in the United States Army prior to beginning his career with the BOP. From psychology: • All inmates placed in SHU for 30 days receive a SHU review by the Psychology Services Department. This review involves a brief evaluation with a psychologist who assesses the inmate's psychological functioning, suicidality, and overall adjustment in SHU. • Psychology staff conduct weekly rounds in SHU and if an inmate expresses a need for psychology services, they are placed on a follow-up list to be seen as needed. • Inmates who are CC2-MH and above are pulled out for psychological interventions in SHU as deemed necessary. Inmates who express a desire to speak with psychology in a private area are always pulled out and placed in a private caged area to meet with a psychologist. • Psychology Services has Psychology Advisory List/Hot List hanging up in the SHU which lists all inmates with significant psychological issues or inmates that are at-risk of engaging in self-harm behaviors. This list serves as a guide to Correctional Officers in SHU to inform psychology services if an at-risk inmate enters the Page 10171 EFTA00042682

IT one or mese inmates are pace(' in >nu, psycnology services sees me inmate %Antrim c4 nours or the notification for and evaluation of their mental status and adjustment to SHU. • All inmates removed from Suicide Watch are to be double celled with another inmate. This recommendation is placed in the Post Suicide Watch report and is sent in an e-mail to the Lieutenant's who will be escorting the inmates from suicide watch back to SHU. These at-risk inmates are also discussed in the Executive Staff meetings as well as their need for a cellmate. Cellmate's decrease risk for suicide by serving as a rescue opportunity, distraction, source of social support, and reduce feelings of isolation that a depressed inmate may be experiencing in SHU. • In general, all inmates in SHU should be double celled except in exigent circumstances (Safety concerns- separations from the other inmates, too violent to be celled with another, or contagious disease). • Inmate numbers: The majority of cells at the MCC are designed to accommodate at least two inmates. This was upheld as constitutional at MCC in Bell v. Wolfish, 441 U.S. 520, 99 Sup. Ct. 1861, 60 L.Ed.2d. 447 (1979) Staffing: Measures are being taken to increase MCC's staff complement. Racial unrest: Prison administrators are unaware of any racial unrest among either the inmate population or staff. I am awaiting the information we typically provide regarding sanitation and pest control, and hope to have that for you shortly. Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 p: (646)836-6455 f. (646 836-7665 • > 9/3/2019 1:51 PM > » I forgot to attach the additional report and news articles. From: Sent: Tuesda Se tember 3, 2019 1:49 PM To: <alOjohnsonPbop gov> Cc: Rebold, Jonathan (USANYS) clReboldPusa.doj.gov> Subject: Follow up requests from UK re: extradition Hi I'm sure you're inundated with inquiries right now, so I apologize for adding to your load. You may Page 10172 EFTA00042683

remember that we had consulted with you and BOP HQ regarding conditions at the MCC and MDC in connection with defendant Jabir Motiwala's opposition to extradition from the UK. Following Jeffrey Epstein's death, Motiwala has filed an additional report by former-warden and attached news articles about the conditions at the MCC. The attorneys in the UK handling the extradition have asked for our response. They recognize that we may not be able to address all of their questions in light of ongoing investigations, but is there any information we can provide with respect to the following (or could you let us know the proper person/people to talk to)? i. With regards to the warden of the MCC and two staff members whom are said to have been reassigned since the death of Mr Epstein, are you able to confirm that their roles have been filled with suitable alternatives? In particular please provide any information about the knowledge and experience of the new warden that you are able to. [page 1, Report, dated 22 August 2019] Is it possible to comment on the decision to take Mr Epstein off suicide watch and whether either, that decision was justified in the circumstances or if considered to be the wrong decision, that new measures are now in place to ensure any mistakes are not repeated. Please detail any new measures on this particular issue now in place if you are able to. [page 2, Report, dated 22 August 2019] iii. Can you provide any explanation as to why Mr Epstein did not have a new inmate sharing his cell in the Special Housing Unit ("SHU") on 9 August 2019 after his other cellmate was moved? Do you accept that there should have been someone sharing his cell in light of his recent apparent suicide attempt? If so, have any new protocols been put in place to ensure this does not happen again? If you do not accept that this occurred or cannot comment on this directly, what general measures are in place to ensure people who have been moved to the SHU following a suicide attempt share a cell with others where possible? [page 2, Report, dated 22 August 2019) iv. Is it correct that the two correctional officers due to be carrying out half-hourly checks on Mr Epstein did not carry out any check upon him for a period of several hours before he was discovered in his cell and were instead sleeping? If you accept this is correct what steps have been taken, if any, to prevent this occurring in future? If you do not accept that this occurred or cannot comment on this directly, what general measures are in place to monitor those who have been moved to the SHU following a suicide attempt, and how is it ensured that those measures are safely carried out by staff members? [page 2/3, Report, dated 22 August 2019] v. Is it correct that the correctional officers concerned falsified records in regards to the checks they should have carried out? If you accept this is correct what steps have been taken if any to prevent this occurring in future? If you do not accept that this occurred or cannot comment on this directly, what general measures if any are in place to ensure Page 10173 EFTA00042684

correctional officers do not falsify records and carry out their duties as required with regards to those who have been moved to the SHU following a suicide attempt? [page 3, Report, dated 22 August 2019]. vi. Ms , as well as a number of news reports, state that of the two staff members assigned to monitor Mr Epstein, one of them was not usually a corrections officer but rather was employed by the warehouse and had volunteered to work an extra shift. If you accept this is correct, do you consider it to be appropriate to have such staff members carrying out that type of task and if so what measures are in place to ensure they are able to carry out that particular role safely? If you do not accept that this occurred or cannot comment on this directly, what general measures if any are in place to ensure staff members who do not usually work as correctional officers carry out the task of monitoring those who have been moved to the SHU following a suicide attempt in a safe manner? [page 3, Report, dated 22 August 2019] vii. In a news article, it is said that the BOP had tried to address staffing shortages "in part by using a practice called augmentation to temporarily assign employees who corrections officers to staff posts intended for detention guards". Do you accept that this occurred at the MCC? If so, is this practice still in place and what general measures if any are in place to ensure staff members who do not usually work as correctional officers are able to safely carry out the work of correctional officers, (for example do they receive special training on security or monitoring prisoners considered to be a suicide risk). [CNN Politics Website, "Union and lawmakers have long warned of 'dire' federal prison staffing shortages", 14 August 2019] viii. Ms as well as a number of news reports, state that of the two staff members assigned to monitor Mr Epstein, one of them (the corrections officer) had been working overtime and the other staff member was in the midst of an 80 hour week. Do you agree that many of the correctional officers at the MCC are required to work 60 - 70 hour weeks and if so what measures, if any, are in place to ensure that the prison is still run safely and suicidal prisoners are properly monitored? [page 3, Report, dated 22 August 2019] ix. Ms further states that the MCC is currently operating with less than 70% of the needed correctional officers. Do you accept that the MCC is operating with less than 70% of the needed correctional officers and if not, how would you describe the current staffing levels? If you agree that the MCC is 70% staffed, what measures, if any, are in place to ensure that the prison is still run safely and suicidal prisoners are properly monitored? [page 3, Report, dated 22 August 2019]. x. Ms states that the MCC was designed to house 474 inmates but that on the day of Mr Epstein's death its population was 763. Do you agree with those figures, and if so is the prison able to safely house that sized population, and what measures, if any, are in place to deal with a prison population of that size and ensure the conditions they are housed in Page 10174 EFTA00042685

remain humane? [page 14, Report, dated 22 August 2019]. xi. Ms states the following with regards to the sanitation conditions at MCC: "Three current MCC Staff Members very recently described to me the current sanitation conditions at the facility. One stated, "The facility is so disgusting it's like a prison in a third-world country. Cleaning supplies are not issued on a regular basis." The individual further advised, "Pest Control is horrible and ineffective, rats, mice and bugs are everywhere!" Another Correctional Officer told me, "There are mice and bugs everywhere including inmates' cells." This information is consistent with my Court testimony on July 3, 2019, and my assessment in Paragraph 20 of my Declaration in the case of Mr. Motiwala. Further, it corroborates the many news reports, regarding the "rodent-infested MCC." Do you have any comment to make on those observations? [page 15, Report, dated 22 August 2019]. xii. Ms further states: "On a different, yet equally concerning topic, an MCC Correctional Officer advised me this past week, that there is blatant racial discord within the institution, especially amongst Correctional Officers. I did not witness this when I was Warden at MCC, and my contact advises it began a short time following my departure." Do you have any comment to make on those observations? [page 15, Report, dated 22 August 2019]. xiii. One news article referred to the fact that there was only one psychiatrist shared between the MCC and the other federal prison in New York, and a "handful of psychologists on the staff". It further states that conversations between psychologists and individuals on suicide watch occur "through a slot in the door" rather than in person. Is it still the case that there is a single psychiatrist shared between the MCC and the M DC? Do you agree with the characterisation that there are a handful of psychologists and consultations are carried out through a slot in the door? Have any changes or improvements been made to psychiatric and psychological care provision and staffing in the wake of the death of Mr Epstein or are any planned in the near future? Do you have any comment to make on the observations made generally? [News article "Jeffrey Epstein jail 'a gulag' in lower Manhattan", 12 August 2019] Our response is due to the UK September 16. Thank you so much, Page 10175 EFTA00042686

Assistant United States Attorney United States Attorney's Office Southern District of New York One Saint Andrew's Plaza New York, New York 10007 P: 212-637-2260 F: 212-637-0084 Page 10176 EFTA00042687

Properties Property Value MessagelD 5D7B77DO.NYMDOMLNYMADM1.100.13731375.1.7 C361.1 Message Path xmllsralp)J5D7B77DO.NYMDOMENYMADMI,100.1373875.1.7C361.I.xml From Display Name Email a lOjainsca*rdsop.gov MAD 2750CADP09CA•0000•A8F4-1ACF31EA7575 Reply To a 10johnson'a hop gov Text To Cc Stephanie Scannell Subject Fwd: RE: Follow up requests from UK re: extradition Scheduled date 2019439-13 1104.48 Creation date 2019-09-13 110k48 Modified date 2019-09-13 11.3706 Delis e red date 2019-09-13 II:04:48 Message size 14053 Attachments sin 36857 Total size 50921 Attachments I Attachment TE)Cf.htm Name TF—XT.hun Content II) 5D7B77DO.NYMDOMI.NVMADMI.200.20C00A0.1.1 491:[email protected]. [email protected]@l6 Is Inline fake Type fde Size 36857 Date 2019-09-130704:43 CA 53514a0e4710865daP31)91852c0f56cd Hash C78656A00429A0C840194FFF3DECBC3932A6ICEI E881C2AFE4A116714EE45F8C5D7DB5800 Recipients 2 Recipient Display Name Email [email protected] UnD 43FDBOOP000G0000.886E-1BW3A002D00 Distribution Type TO Recipient rfype User Delivered 2019-09-131104:48 Opened 2019-09-13 1134:12 Recipient Stephanie Scannell Display Name Stephanie Scannell Email [email protected] UU1D I5A65E10-0C33-0000-A3E7-68A606415CAD Distribution Type CC Recipient Type User Delivered 2019-09131104)48 Opened 2019-09-13 110506 Expire 0 Delay delivery until 0 Delegated fake Archived fake Read MC Deleted fake Opened tnt Completed fake Security Normal Box type Sent honk Return notification when opened fake Return notification when deleted fake Return notification when completed lake Return notification alien declined fake Return notification when accepted fake Archive Version 5.3 Page 10177 EFTA00042688

Internal ID 5D7B77D0.NYMDOMLNYMADMI.I00.1373875.1.7 [email protected]@I 6 Source sent Class Public Account NYMADM I.NYMDOM I Location ID 1540842683886 Class Name GW.MESSAGE.MAIL Enclosing Folders I Folder Mailbox ID 7.NYMDOMLNYMADMI.I00.0.10.1@l6 Name Melva Type Matrix System tore Share Twe NotShared Page 10178 EFTA00042689

Audits Date Action Auditor Note 2019-09-20 203428 EDT Created cn=Archive Agent_I-Daly Archive3 Jolun-Jcbs.cm-GWOpenNodexn-archiving.oMgent_1-Daily setmai Gerrrated by Nctrred Inc. [cn=Archive Archive3 Johen-Jobs4n-GWOpenNode.cn-archivinga -nctrnail] 202(-05.19153606 EDT Tag BOP01703.MXRADMI.NIXRDOMI Responsive 2020-05-19 153636 EDT Tag BOP01703.MXRADMI.NIXRDOMI Rcsponsive 20204319 15353i EDT Tag Et0P01703.MXRADMI.A1 XR I /0/41 Responsive 202005-19153421 EDT Tag BOP01703.MXRADMI.NIXRDOMI Responsive 2020-05.191437:18 EDT Tag BOP01703.MXRADMI.A1 XR DOM1 Flagged 2020-05-1914:4136 EDT Tag BOP01703.MXRADMI.A 1 XR I HMI Rimed 2020.05-19143838 EDT Tag BOP01703.MXRADM I.A1XRDOM I Flagged Page 10179 EFTA00042690

RE: Follow up requests from UK re: extradition From To Keamey.lonathan ReboldStephanic Scannell Date 2019/09/1210:45 Subject: RE: Follow up requests from UK re: extradition Attachments: TEXT.htm I am still gathering information, but wanted to give you information to start. Warden J. is the Warden for the Federal Correctional Institution Otisville, NY, and is temporarily assigned to oversee MCC New York's operations. Warden began his career in 1994 as a Correctional Officer at the Federal Correctional Institution Schuylkill, Pennsylvania, where he advanced to positions of increasing responsibility: Correctional Treatment Specialist, Unit Manager, and Case Management Coordinator. In 2014, Warden promoted to Witness Security Coordinator in Washington, DC. He then promoted to Associate Warden at MDC Brooklyn, Deputy Regional Director for the Northeast Region of the Bureau of Prisons, and was named Warden at FCI Otisville this year. Warden honorably served his country in the United States Army prior to beginning his career with the BOP. From psychology: • All inmates placed in SHU for 30 days receive a SHU review by the Psychology Services Department. This review involves a brief evaluation with a psychologist who assesses the inmate's psychological functioning, suicidality, and overall adjustment in SHU. • Psychology staff conduct weekly rounds in SHU and if an inmate expresses a need for psychology services, they are placed on a follow-up list to be seen as needed. • Inmates who are CC2-MH and above are pulled out for psychological interventions in SHU as deemed necessary. Inmates who express a desire to speak with psychology in a private area are always pulled out and placed in a private caged area to meet with a psychologist. • Psychology Services has Psychology Advisory List/Hot List hanging up in the SHU which lists all inmates with significant psychological issues or inmates that are at-risk of engaging in self-harm behaviors. This list serves as a guide to Correctional Officers in SHU to inform psychology services if an at-risk inmate enters the SHU. If one of these inmates are placed in SHU, psychology services sees the inmate within 24 hours of the notification for and evaluation of their mental status and adjustment to SHU. • All inmates removed from Suicide Watch are to be double celled with another inmate. This recommendation is placed in the Post Suicide Watch report and is sent in an e-mail to the Lieutenant's who will be escorting the inmates from suicide watch back to SHU. These at-risk inmates are also discussed in the Executive Staff meetings as well as their need for a cellmate. Cellmate's decrease risk for suicide by serving as a rescue opportunity, distraction, source of social support, and reduce feelings of isolation that a depressed inmate may be experiencing in SHU. • In general, all inmates in SHU should be double celled except in exigent circumstances (Safety concerns- separations from the other inmates, too violent to be celled with another, or contagious disease). • Inmate numbers: The majority of cells at the MCC are designed to accommodate at least two inmates. This was upheld as constitutional at MCC in Bell v. Wolfish, 441 U.S. 520, 99 Sup. Ct. 1861, 60 L.Ed.2d. 447 (1979) Page 10180 EFTA00042691

Staffing: Measures are being taken to increase MCC's staff complement. Racial unrest: Prison administrators are unaware of any racial unrest among either the inmate population or staff. I am awaiting the information we typically provide regarding sanitation and pest control, and hope to have that for you shortly. Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 p: (646)836-6455 f. (646)836-7665 >»I Inc I forgot to attach the additional > 9/3/20191:51 PM > » report and news articles. From: Sent: Tuesday, September 3, 2019 1:49 PM To: Cc: Rebold, Jonathan (USANYS) <[email protected]> Subject: Follow up requests from UK re: extradition Hi M, I'm sure you're inundated with inquiries right now, so I apologize for adding to your load. You may remember that we had consulted with you and BOP HQ regarding conditions at the MCC and MDC in connection with defendant Jabir Motiwala's opposition to extradition from the UK. Following Jeffrey Epstein's death, Motiwala has filed an additional report by former-warden and attached news articles about the conditions at the MCC. The attorneys in the UK handling the extradition have asked for our response. They recognize that we may not be able to address all of their questions in light of ongoing investigations, but is there any information we can provide with respect to the following (or could you let us know the proper person/people to talk to)? i. With regards to the warden of the MCC and two staff members whom are said to have been reassigned since the death of Mr Epstein, are you able to confirm that their roles have been filled with suitable alternatives? In particular please provide any information about the lennuilcsrlao anti ovruarionre of the now %A/Arden that 1/All are ahla to Innen:, 1 KA no moon Page 10181 EFTA00042692

.4.. in I 1,n, I ',in., %.• • to, I, I I, •• •••••••,..,• • .1.• y 6.,0• I. 14,1O, a, •• I Say. I Report, dated 22 August 2019] Is it possible to comment on the decision to take Mr Epstein off suicide watch and whether either, that decision was justified in the circumstances or if considered to be the wrong decision, that new measures are now in place to ensure any mistakes are not repeated. Please detail any new measures on this particular issue now in place if you are able to. [page 2, Report, dated 22 August 2019] Can you provide any explanation as to why Mr Epstein did not have a new inmate sharing his cell in the Special Housing Unit ("SHU") on 9 August 2019 after his other cellmate was moved? Do you accept that there should have been someone sharing his cell in light of his recent apparent suicide attempt? If so, have any new protocols been put in place to ensure this does not happen again? If you do not accept that this occurred or cannot comment on this directly, what general measures are in place to ensure people who have been moved to the SHU following a suicide attempt share a cell with others where possible? [page 2, Report, dated 22 August 2019] iv. Is it correct that the two correctional officers due to be carrying out half-hourly checks on Mr Epstein did not carry out any check upon him for a period of several hours before he was discovered in his cell and were instead sleeping? If you accept this is correct what steps have been taken, if any, to prevent this occurring in future? If you do not accept that this occurred or cannot comment on this directly, what general measures are in place to monitor those who have been moved to the SHU following a suicide attempt, and how is it ensured that those measures are safely carried out by staff members? [page 2/3, Report, dated 22 August 2019] v. vi. Is it correct that the correctional officers concerned falsified records in regards to the checks they should have carried out? If you accept this is correct what steps have been taken if any to prevent this occurring in future? If you do not accept that this occurred or cannot comment on this directly, what general measures if any are in place to ensure correctional officers do not falsify records and carry out their duties as required with regards to those who have been moved to the SHU following a suicide attempt? [page 3, Report, dated 22 August 2019]. Ms , as well as a number of news reports, state that of the two staff members assigned to monitor Mr Epstein, one of them was not usually a corrections officer but rather was employed by the warehouse and had volunteered to work an extra shift. If you accept this is correct, do you consider it to be appropriate to have such staff members carrying out that type of task and if so what measures are in place to ensure they are able to carry out that particular role safely? If you do not accept that this occurred or cannot comment on this directly, what general measures if any are in place to ensure staff members who do not usually work as correctional officers carry out the task of monitoring those who have been moved to the SHU following a suicide attempt in a safe manner? '1'1 nni n1 Page 10182 EFTA00042693

[page J, IVIclUI Cell DWI U rNCI.JVI 1, UaltU LL mugubt au.vj vii. In a news article, it is said that the BOP had tried to address staffing shortages "in part by using a practice called augmentation to temporarily assign employees who corrections officers to staff posts intended for detention guards". Do you accept that this occurred at the MCC? If so, is this practice still in place and what general measures if any are in place to ensure staff members who do not usually work as correctional officers are able to safely carry out the work of correctional officers, (for example do they receive special training on security or monitoring prisoners considered to be a suicide risk). [CNN Politics Website, "Union and lawmakers have long warned of 'dire' federal prison staffing shortages", 14 August 2019] viii. Ms , as well as a number of news reports, state that of the two staff members assigned to monitor Mr Epstein, one of them (the corrections officer) had been working overtime and the other staff member was in the midst of an 80 hour week. Do you agree that many of the correctional officers at the MCC are required to work 60 - 70 hour weeks and if so what measures, if any, are in place to ensure that the prison is still run safely and suicidal prisoners are properly monitored? [page 3, Report, dated 22 August 2019] ix. Ms further states that the MCC is currently operating with less than 70% of the needed correctional officers. Do you accept that the MCC is operating with less than 70% of the needed correctional officers and if not, how would you describe the current staffing levels? If you agree that the MCC is 70% staffed, what measures, if any, are in place to ensure that the prison is still run safely and suicidal prisoners are properly monitored? [page 3, Report, dated 22 August 2019]. x. Ms states that the MCC was designed to house 474 inmates but that on the day of Mr Epstein's death its population was 763. Do you agree with those figures, and if so is the prison able to safely house that sized population, and what measures, if any, are in place to deal with a prison population of that size and ensure the conditions they are housed in remain humane? [page 14, Report, dated 22 August 2019]. xi. Ms states the following with regards to the sanitation conditions at MCC: "Three current MCC Staff Members very recently described to me the current sanitation conditions at the facility. One stated, "The facility is so disgusting it's like a prison in a third-world country. Cleaning supplies are not issued on a regular basis." The individual further advised, "Pest Control is horrible and ineffective, rats, mice and bugs are everywhere!" Another Correctional Officer told me, "There are mice and bugs everywhere including inmates' cells." This information is consistent with my Court testimony on July 3, 2019, and my assessment in Paragraph 20 of my Declaration in the case of Mr. Motiwala. Further, it Page 10183 EFTA00042694

corroborates tne many news reports, regarding tne "rodent-mrested mu.." Do you have any comment to make on those observations? [page 15, Report, dated 22 August 2019]. xii. Ms further states: "On a different, yet equally concerning topic, an MCC Correctional Officer advised me this past week, that there is blatant racial discord within the institution, especially amongst Correctional Officers. I did not witness this when I was Warden at MCC, and my contact advises it began a short time following my departure." Do you have any comment to make on those observations? [page 15, Report, dated 22 August 2019]. xiii. One news article referred to the fact that there was only one psychiatrist shared between the MCC and the other federal prison in New York, and a "handful of psychologists on the staff". It further states that conversations between psychologists and individuals on suicide watch occur "through a slot in the door" rather than in person. Is it still the case that there is a single psychiatrist shared between the MCC and the M DC? Do you agree with the characterisation that there are a handful of psychologists and consultations are carried out through a slot in the door? Have any changes or improvements been made to psychiatric and psychological care provision and staffing in the wake of the death of Mr Epstein or are any planned in the near future? Do you have any comment to make on the observations made generally? [News article "Jeffrey Epstein jail 'a gulag' in lower Manhattan", 12 August 2019] Our response is due to the UK September 16. Thank you so much, Assistant United States Attorney United States Attorney's Office Southern District of New York One Saint Andrew's Plaza New York, New York 10007 P: 212-637-2260 F: 212-637-0084 Page 10184 EFTA00042695

Properties Property Value Message ID 5D7421BE.NYMDOMLNYMADMI.100.13731375.1.7 C1F9.1 Message Path xmliMatoW5D7421BENYMDOMI.NYMADM1.100 .1373875.1.7C1F9.1.xml From Display Name Email a lOjainsca4fibopitov UUID 2750CAD0.09CA•0000A8F41ACF31EA7575 Reply To a lOjohnson'a bop gov Text To Kearney Cc Jonathan Retold: Stephanie Some' Subject RE: Foam up requests from UK re: extradition Scheduled date 2019-09-12 10:45:18 Creation date 2019-09-12 10.45:18 Modified date 201949-12 112234 Delis e red date 2019-09-12 1045:18 Message size 13265 Attachments silt 33159 Total size 46435 Attachments I Attachment TEXT.Itim Name TEXT.htm Content II) 5D7421BE.NYMDOMI.NYMADMI.200.20030A0.1.1 [email protected]. 1373875.1.7C IF9. I (§1:7.NYMDOMI.NYMADMI.10 0.0.1.0.1@16 Is Inline fake Type file Size 33159 Date 2019-09-12 06:45:14 CA c85ala08f8txtd8304c4750345aa9dOtle Hash 68I3D517781P2DDCDBAA2F942522E1E8BB0551E23 203OFF7368FF2CE02464E795DPSAC8D32 Recipients 3 Recipient Kearney Display Name Kearney Email UUID CA22?onl-I4 4 X m-B60A4FBE941D7003 Distribution Type TO Recipient Type User Delivered 2019-09-12 10:46:17 Transferred 2019-09-121014521 Recipient Jonathan Rcbold Display Name Jonathan Behold Email Jonathan. Reboil:Cc usdoj.gov UUID 379C0688-1409-0030-13604-4A8C4FA8C790 Distribution Type CC Recipient Type User Delis e red 2019-09-12 ICIA6130 Trans (cried 2019-09-12 104521 Recipient Stephanie Scannell pis pia) Name Stephanie Scannell Email sseanneltzz,bop.gov UUID I 5465E10-0C33-0000-A3E7-684606415CAD Distribution Type CC Recipient Type User Delivered 2019-09-12 1045:18 Opened 2019-09-12 11:22:35 Expire 0 Delay delivery until 0 Delegated fake Archived fake Read true Deleted fake Opened uuc Completed false Security Nonml Box type Sent Items Page 10185 EFTA00042696

Return notification ...hen opened false Return notification ..hen deleted fake Return notification ..hen completed false Return notification ..hen declined fake Return notification ..hen accepted fake Archive Version 5.3 tote rnal ID 5D7A21BE.NYMDOM LNYMADM L100.1373875. 1.7 C [email protected] LNYMADM 1.100.0.1.0.1g I 6 Source sent Class Public Account NYMADMI.NYMDOMI Location II) 15408-12683886 Class Name GW.MESSAGEMAIL Enclosing Folders I Folder Madbox ID 7.NYMDOMLNYMADMI.100.0.1.0.106 Name Ma Lon Type Maibox System true Share Type NotSharcd Page 10186 EFTA00042697

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