Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 f. >»' (USANYS)" I forgot to attach the additional report and news articles. > 9/3/2019 1:51 PM > » From: (USANYS) Sent: Tuesday, September 3, 2019 1:49 PM To: Cc: (USANYS) < 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 knowledge and experience of the new warden that you are able to. [page 1, Report, dated 22 August 20191 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 aooarent suicide attemot? If so. have any new protocols been out in place to ensure Page 8120 EFTA00058078

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? [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 aren't 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 ac ac a ni urnhor of titanic rannrtc <tato that of tho ban ctaff momhorc Page 8121 EFTA00058079

••,11 46.1 • nal • OM,. %It I VW I ,11461, %I I I • 1,11 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 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." IC Page 8122 EFTA00058080

Liu yvu move dley 6v1111 iieu ll w 11101kt till llIt/t trUbtl VdtlIJIISr ipclgt IVIcUM tell Dci 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: F: Page 8123 EFTA00058081

Properties Property Value MessagelD 5D6FES92.NYNIDOM LNYMADM1.100.165396E.1.5 B997.I Message Path xmiklaiboxThIX,FE592.NYMDOMLNYMADM1.100.165396E.1.5B997.I.grril From Display Name Email U CID 91377B2D0.19C1-0000-A989-0200000058D0 Reply To Text To Subject Re: RE: Follow up requests from UK re: extradition Scheduled date 2019-09-011625)43 Creation date 2019-09-04 1625:43 Modified date 201949-05 090761 Delivered date 2019-09-04 162534 Message size 11068 Attachments size 30493 Total size 41572 Attachments I Attachment TF-XT.hun Name TEXT.lam Content ID 5D6FF-592.NYMDOMLNYMADM1.200.200003& LA OFE4. 1@;455D6FE.592.NYMDOMLNYMADMI.100.1 65396E.1.58997.1@1:7.NYMDOMLNYMADMLICO .0.1.0. hg)16 Is Inline fake 'type file Size 30493 CA 8“1009c2c6:13370flfa0c21644cce384 Hash 8DA6C8E181432CE4D7D4F775F6E617470F09B746914E4DF8125932A7F_6D45A7205D0A47 Recipients I Recipient Display Name Email CND 9921759C0-100E-00004C054:0:0F6A057CD Distribution Type TO Recipient Type User Delivered 201409-04162556 DonnloadedByThirdParty 2019-0404162557 Opened 2019-09-05 090751 Deleted 2019-09-05090749 Expire 0 Delay delivery until 0 Delegated false Archived fake Read nue Deleted fake Opened Nee Completed fake Security Normal Box type Sent Item Return notification ashen opened false Return notification "hen de le te d fake Return notification ashen completed fake Return notification ashen declined fake Return notification ashen accepted fake Archive Version 5.3 Internal ID 5D6FF-992.NYMDOMLNYMADM1.100.165396E.1.5B997.141:7.NYMDOMLNYMADMIA00.0.1.0.1@l 6 Source sent Class Public Account Lee PlowdeigB0P15536.DANADMI.DANDOMI Location ID 1540842683886 Class Name GW.ME.SSAGE.MAIL Enclosing Folders 1 Folder Mabox Page 8124 EFTA00058082

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Subject: RE: Follow up requests from UK re: extradition Fwd: RE: Follow up requests from UK re: extradition From To Date 2019/09/13 11 37 Subject: Fwd: RE: Follow up requests from UK re: extradition Attachments: TEXT.htin CARE2-MH is indicative of an inmate who has a mental illness requiring routine outpatient mental health care (ongoing, monthly) and/or brief, crisis-oriented care. Psy.D. Chief Psychologist U.S. Department of Justice/ Federal Bureau of Prisons Metropolitan Correctional Center 150 Park Row New York, New York 10007 Office: Fax: E-mail: >» 9/13/2019 11:04 AM > » Can you clarify for him what a Care Level 2 is? Thanks! >» (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)? Se ptember 12, 2019 10:45 AM USANYS I< (USANYS) 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 Page 8127 EFTA00058085

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 IM.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 Page 8128 EFTA00058086