From: Bruce Bar et To: Cc: Subject: RE: update on social visit? Sent: Thu, 29 Aug 2019 21:15:56 +0000 I am sorry, but that won't be sufficient. We had a conversation with and a few weeks back and they told us that, in light of the particular needs for preparation for a capital case, MCC would permit periodic social visits as needed. I did not raise this issue with the court because of what we were told. Perhaps I misunderstood. Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 [P] (516) 745 1245 [F] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone or email and immediately delete this message and all its attachments From: Sent: Thursday, August 29, 2019 3:03 PM To: Bruce Barket Cc: Subject: RE: update on social visit? Hi Bruce, After some discussion, MCC's administrators are prepared to offer your client a social phone call with his parents, which would be outside the normal phone schedule provided to inmates in Special Housing. If you fell that would be inadequate, please advise and and I will take the issue back to our administrators. Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 p: f: 646-836-7665 8/28/2019 4:23 PM > » Hi Bruce, Our Exec staff are still discussing it. I should hopefully have an answer for you by tomorrow. In the meantime, can you give me any information about the "critical stage" in the case? I don't want to know anything that would violate privilege, but something very general (e.g. a plea is on the table, a cooperation agreement is on the table, etc.) might help our Exec staff evaluate the request. Thanks, SON\100016739 Page 137 EFTA00138649

Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 P: f: 646-836-7665 >> > Bruce Barket < > 8/28/2019 3:40 PM >> > Is there any update on a visit with his parents this week? Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 WI (516) 745 1245 [F] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone or email and immediately delete this message and all its attachments From: Sent: Wednesday, August 28, 2019 8:31 AM To: Bruce Barket Cc: Subject: Re: meeting with Tartaglione No problem - I'll pull him down before the count. Thanks, Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 p: f: 646-836-7665 >> > Bruce Barket < > 8/28/2019 8:28 AM > » I know it is late notice but I am hoping to see Nick tonight at 5:00. Thank you Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 (In (516) 745 1245 [F] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidengritiPPRiaear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or Page 138 EFTA00138650

RE: update on social visit? From To Date Subject: Attachments: Hi Bruce, Bruce BarketS 2019/08/30 11:00 RE: update on social visit? TEXT.htm I will bring it back up to MCC administrators and get back to you. We should be able to accommodate it, but it would have to be on the normal SHU visiting day. I will get back to you as soon as I can. Thanks, > » Bruce Barket < > 8/29/2019 5:15 PM > » I am sorry, but that won't be sufficient. We had a conversation with and a few weeks back and they told us that, in light of the particular needs for preparation for a capital case, MCC would permit periodic social visits as needed. I did not raise this issue with the court because of what we were told. Perhaps I misunderstood. Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 [P] (516) 745 1245 [F] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone or email and immediately delete this message and all its attachments From: Sent: Thursday, August 29, 2019 3:03 PM To: [aruce._6_,n_e_t_ic Cc: Subject: RE: update on social visit? Hi Bruce, After some discussion, MCC's administrators are prepared to offer your client a social phone call with his parents, which would be outside the normal phone schedule provided to inmates in Special Housing. If you fell that would be inadequate, please advise and and I will take the issue back to our administrators. SDNY_00016741 Page 11168 Parse 139 EFTA00138651

Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 p: f: 646-836-7665 >» Hi Bruce, 8/28/20194:23 PM >>> Our Exec staff are still discussing it. I should hopefully have an answer for you by tomorrow. In the meantime, can you give me any information about the "critical stage" in the case? I don't want to know anything that would violate privilege, but something very general (e.g. a plea is on the table, a cooperation agreement is on the table, etc) might help our Exec staff evaluate the request. Thanks, Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York NY 10007 p: - f.646-836-7665 > » Bruce Barket < > 8/28/2019 3:40 PM > » Is there any update on a visit with his parents this week? Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 WI (516) 745 1245 [F] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone or email and immediately delete this message and all its attachments From: con+. IMAAnAerlaw As tni te+ •)A lnio 0.11 AM SCIAIY_00016742 Page 11169 Pape 130 EFTA00138652

VIUL“.JI natIC,J y, nuytnii. 6V, 6V1JVNl II -I To: Bruce Barket Cc: Subject: Re: meeting with Tartaglione No problem - I'll pull him down before the count. Thanks, Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 p: f: 646-836-7665 > » Bruce Barket < > 8/28/2019 8:28 AM > » I know it is late notice but I am hoping to see Nick tonight at 5:00. Thank you Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 IPI (516) 745 1245 [F] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone or email and immediately delete this message and all its attachments SONY_00016743 Page 11170 Pape 141 EFTA00138653

Re: MCC conditions From Bruce Barket To Date 2019/08/30 13:47 Subject: Re: MCC conditions Attachments: TEXT.htm, Mime.822 I think so. Give me a moment Bruce Barket Barket, Epstein, Kearon, Aldea & LoTurco 666 Old Country mad Garden City, NY 11530 (516) 745 1500 - O (516) 287 7230 - M Barket Fpstein.com On Aug 30, 2019, at 1:26 PM, wrote: la€'"m available at 2pm. Would you be able to circulate a call in number, please, Bruce? Assistant United States Attorney Southern District of New York I St. Andrewa€Thts Plaza New York, NY 10007 ) • From: Bruce Barket Sent: Frida Au st 30, 2019 1:25 PM To: Cc: > >; Aida Leisenrin Subject: Re: MCC conditions ■ we have a time for the call and perhaps a call in number? Bruce Barket SDNY_00016744 Page 11174 Pace 142 EFTA00138654

Barket, Epstein, Kearon, Aldea & Lo I urco 666 Old Country road Garden City, NY 11530 (516) 745 1500 - O (516) 287 7230 - M Barket Epstein.com On Aug 30, 2019, at 10:30 AM, Good morning all, > wrote: Would 2 or 2:30 work? I am running around this morning, have a meeting at 1, and am leaving at 3. Thanks, >>> ' 8/29/2019 7:54 PM >» Received. discuss? Thanks, would you all be free for a call tomorrow afternoon to Assistant United States Attorney Southern District of New York I St. Andrewa€T"'s Plaza New York, NY 10007 From: Bruce Barket Sent: Thursda August 29, 2019 5:25 PM To: Cc: <MComeyPusa.doj.gov>; >; Aida Leisenring >; ton ricco Michael Bachrach ) Subject: MCC conditions I am writing as I have been asked to update everyone on the continuing problems at the facility. SONY_00016745 Page 11175 Paie 143 EFTA00138655

Mr. Tartaglione has not has books swapped out since was kind enough to it himself on August 15th. His radio has needed batteries for several days. The guards simply refuse to provide him with the batteries and new books he believes are in his property. Several guards have been making comments to him such as a€ceYoua€'"re threatening our livesa€ and a€ceGive the big mouth his trya€ and similar remarks aimed at intimidating him and conveying to him their displeasure with his complaints. As for visiting I arrived on Sunday and waited nearly 50 minutes because there was not staff in the lobby to process legal visits. I was able to see my client by 9;10, but I couldna€'"t stay through the count so I had to leave before 9:30. I know I did not make an appointment but the issue wasna€'"t a free room, but adequate staffing in the lobby. Yesterday I was able to see my client at 5:00 as scheduled. Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 [P1 (516) 745 1245 [F] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone or email and immediately delete this message and all its attachments SONY_00016746 Page 11176 Page 144 EFTA00138656