in its possession and has failed to produce. She also seeks accelerated disclosure of the Government's witness list, Jencks Act material, Brady and Giglio material, co-conspirator statements, and Rule 404(b) material. Based on the Government's response in briefing and letters the parties have since su

ire the Government to disclose to defendants certain evidence that will aid their defense. Brady requires disclosure of exculpatory evidence. Under Giglio, the Government has a duty to produce "not only exculpatory material, but also information that could be used to impeach a key government witness."

y Fed. R. Crim. P. 6(e) 6 2.8% Failure to competently and/or diligently represent the client's interests 16 7.5% Failure to comply with Brady, Giglio, or Fed. R. Crim. P. 16 discovery 50 23.5% Failure to comply with court orders or federal rules I I 5.2% Conflict of interest 2 0.9% Failur

or authorized to do so by the Attorney General or the Deputy Attorney General. Typical misconduct allegations that OPR investigates include Brady, Giglio, Federal Rule of Criminal Procedure 16, and civil discovery violations; improper conduct before a grand jury; improper coercion or intimidation of

ire the Government to disclose to defendants certain evidence that will aid their defense. Brady requires disclosure of exculpatory evidence. Under Giglio, the Government has a duty to produce "not only exculpatory material, but also information that could be used to impeach a key government witness."

in its possession and has failed to produce. She also seeks accelerated disclosure of the Government's witness list, Jencks Act material, Brady and Giglio material, co-conspirator statements, and Rule 404(b) material. Based on the Government's response in briefing and letters the parties have since su

nment will continue to produce any portion of those materials that warrants disclosure in this case, including in connection with its production of Giglio and 3500 material. EFTA00099677 Case 1:20-cr-00330-AJN Document 63 Filed 10/07/20 Page 8 of 8 Honorable Alison J. Nathan October 7, 2020 Page 8

exculpatory material of which it becomes aware. The Government's Rule 16 discovery productions do not include witness statements or material under Giglio v. United States, 405 U.S. 150 (1972) and its progeny, consistent with the common practice and law within this Circuit. As indicated in a prior lett

in its possession and has failed to produce. She also seeks accelerated disclosure of the Government's witness list, Jencks Act material, Brady and Giglio material, co-conspirator statements, and Rule 404(b) material. Based on the Government's response in briefing and letters the parties have since su

ire the Government to disclose to defendants certain evidence that will aid their defense. Brady requires disclosure of exculpatory evidence. Under Giglio, the Government has a duty to produce "not only exculpatory material, but also information that could be used to impeach a key government witness."

ire the Government to disclose to defendants certain evidence that will aid their defense. Brady requires disclosure of exculpatory evidence. Under Giglio, the Government has a duty to produce "not only exculpatory material, but also information that could be used to impeach a key government witness."

in its possession and has failed to produce. She also seeks accelerated disclosure of the Government's witness list, Jencks Act material, Brady and Giglio material, co-conspirator statements, and Rule 404(b) material. Based on the Government's response in briefing and letters the parties have since su

ire the Government to disclose to defendants certain evidence that will aid their defense. Brady requires disclosure of exculpatory evidence. Under Giglio, the Government has a duty to produce "not only exculpatory material, but also information that could be used to impeach a key government witness."

in its possession and has failed to produce. She also seeks accelerated disclosure of the Government's witness list, Jencks Act material, Brady and Giglio material, co-conspirator statements, and Rule 404(b) material. Based on the Government's response in briefing and letters the parties have since su

exculpatory material of which it becomes aware. The Government's Rule 16 discovery productions do not include witness statements or material under Giglio v. United States, 405 U.S. 150 (1972) and its progeny, consistent with the common practice and law within this Circuit. As indicated in a prior lett

nment will continue to produce any portion of those materials that warrants disclosure in this case, including in connection with its production of Giglio and 3500 material. EFTA00092433 Honorable Alison J. Nathan October 7, 2020 Page 8 IV. Conclusion Consistent with its representations to the C

exculpatory material of which it becomes aware. The Government's Rule 16 discovery productions do not include witness statements or material under Giglio v. United States, 405 U.S. 150 (1972) and its progeny, consistent with the common practice and law within this Circuit. As indicated in a prior lett

nment will continue to produce any portion of those materials that warrants disclosure in this case, including in connection with its production of Giglio and 3500 material. EFTA00097970 Honorable Alison J. Nathan October 7, 2020 Page 8 IV. Conclusion Consistent with its representations to the C

nment will continue to produce any portion of those materials that warrants disclosure in this case, including in connection with its production of Giglio and 3500 material. EFTA00098811 Honorable Alison J. Nathan October 7, 2020 Page 8 IV. Conclusion Consistent with its representations to the C

exculpatory material of which it becomes aware. The Government's Rule 16 discovery productions do not include witness statements or material under Giglio v. United States, 405 U.S. 150 (1972) and its progeny, consistent with the common practice and law within this Circuit. As indicated in a prior lett

in its possession and has failed to produce. She also seeks accelerated disclosure of the Government's witness list, Jencks Act material, Brady and Giglio material, co-conspirator statements, and Rule 404(b) material. Based on the Government's response in briefing and letters the parties have since su

ire the Government to disclose to defendants certain evidence that will aid their defense. Brady requires disclosure of exculpatory evidence. Under Giglio, the Government has a duty to produce "not only exculpatory material, but also information that could be used to impeach a key government witness."

ire the Government to disclose to defendants certain evidence that will aid their defense. Brady requires disclosure of exculpatory evidence. Under Giglio, the Government has a duty to produce "not only exculpatory material, but also information that could be used to impeach a key government witness."

in its possession and has failed to produce. She also seeks accelerated disclosure of the Government's witness list, Jencks Act material, Brady and Giglio material, co-conspirator statements, and Rule 404(b) material. Based on the Government's response in briefing and letters the parties have since su

ire the Government to disclose to defendants certain evidence that will aid their defense. Brady requires disclosure of exculpatory evidence. Under Giglio, the Government has a duty to produce "not only exculpatory material, but also information that could be used to impeach a key government witness."

in its possession and has failed to produce. She also seeks accelerated disclosure of the Government's witness list, Jencks Act material, Brady and Giglio material, co-conspirator statements, and Rule 404(b) material. Based on the Government's response in briefing and letters the parties have since su

ire the Government to disclose to defendants certain evidence that will aid their defense. Brady requires disclosure of exculpatory evidence. Under Giglio, the Government has a duty to produce "not only exculpatory material, but also information that could be used to impeach a key government witness."

in its possession and has failed to produce. She also seeks accelerated disclosure of the Government's witness list, Jencks Act material, Brady and Giglio material, co-conspirator statements, and Rule 404(b) material. Based on the Government's response in briefing and letters the parties have since su

Aug. 25, 2020, Dkt. 49, at 2). Most notably, the defendant's accusations against the Government rely on a blurring of the line between Rule 16 and Giglio or Jencks Act material, as well as the same faulty definition of exculpatory material that has no basis in law. (See Gov. Ltr. dated Aug. 13, 2020,

il shortly before trial); Gov. Ltr. dated Oct. 7, 2020, Dkt. No. 63, at 2 (noting that Rule 16 does not require production of witness statements or Giglio); Gov. Ltr. dated Oct. 20, 2020, Dkt. No. 65, at 1-2 (noting well-established law in this Circuit precluding defense from offering evidence that a

Cr. 911 (LBS), 2009 WL 637164, at *14 (S.D.N.Y. March II, 2009) ("The Second Circuit has held that a request for immediate or early disclosure [of Giglio material] has no basis in the law.") Because the Government's brief delay in completing discovery does not entitle the defense to such materials mo

der, the Government is prepared to engage in good faith discussions with the defense about an appropriate schedule for disclosure of Jencks Act and Giglio material. The standard practice in this District is to produce such material shortly in advance of trial, a practice that has been widely held to be

nment will continue to produce any portion of those materials that warrants disclosure in this case, including in connection with its production of Giglio and 3500 material. EFTA00087767 Honorable Alison J. Nathan October 7, 2020 Page 8 IV. Conclusion Consistent with its representations to the C

exculpatory material of which it becomes aware. The Government's Rule 16 discovery productions do not include witness statements or material under Giglio v. United States, 405 U.S. 150 (1972) and its progeny, consistent with the common practice and law within this Circuit. As indicated in a prior lett

ire the Government to disclose to defendants certain evidence that will aid their defense. Brady requires disclosure of exculpatory evidence. Under Giglio, the Government has a duty to produce "not only exculpatory material, but also information that could be used to impeach a key government witness."

in its possession and has failed to produce. She also seeks accelerated disclosure of the Government's witness list, Jencks Act material, Brady and Giglio material, co-conspirator statements, and Rule 404(b) material. Based on the Government's response in briefing and letters the parties have since su

ire the Government to disclose to defendants certain evidence that will aid their defense. Brady requires disclosure of exculpatory evidence. Under Giglio, the Government has a duty to produce "not only exculpatory material, but also information that could be used to impeach a key government witness."

in its possession and has failed to produce. She also seeks accelerated disclosure of the Government's witness list, Jencks Act material, Brady and Giglio material, co-conspirator statements, and Rule 404(b) material. Based on the Government's response in briefing and letters the parties have since su

view that the fact of production of materials is Giglio? Or that the substance of her attorney's request and the government's responsive letter is Giglio? Just want to make sure we understand the theory. thanks, From: S (USANYS) Sent: Sunday, August 02, 2020 13:44 To: ) < ;'; Cc: (USANYS) < (U

Epstein-Related Touhy Requests (USANYS) < ; BTW, I probably don't need to tell you, our Touhy communications with El are probably disclosable as Giglio info. From: (USANYS) < Sent: Tuesday, July 28, 2020 5:32 PM To: (USANYS) < Cc: (USANYS) < >; Subject: RE: Jeffrey Epstein-Related Touhy Requ