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Correspondence · July 8, 2019

Emails on conditions in the MCC SHU and seized legal papers, July 2019

Emails among a defense attorney, BOP attorneys, and SDNY prosecutors about an inmate's SHU conditions, property, and allegedly seized privileged legal documentsMachine-written summary

EFTA00045012

FromAdam Johnson
ToJason Swergold, Michael Gerber, Stephanie Scannell
Date2019/07/08 14:08
Subject:RE: FW: conditions in SHU
Attachments:TEXT.htm

Hi all,

How does 2:45 or 3 sound? Would tomorrow be better? Time got away from me playing catch-up on all I missed last week.

Thank you, Adam

Adam M. Johnson
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

Thanks Steph. Any time after 1:30pm should work.

Assistant United States Attorney

Southern District of New York

1 St. Plaza

New York, NY 10007

212-637-2324

Adam is out today and I’m not sure what his schedule is for Monday. Is there a particular time that works (or Page 15502

EFTA00045013

doesn’t work) for you?

Thanks, Steph

Stephanie Scannell-Vessella
Staff Attorney
CLC New York
Metropolitan Correctional Center
150 Park Row
New York, NY 10007
p:646-836-6466
f:646-836-7665

We should discuss this issue as well as the cellphone on a call on Monday. Adam/Steph, what times would work for you on Monday?

Thanks,

Assistant United States Attorney
Southern District of New York
1 St. Plaza
New York, NY 10007
212-637-2324

From: Bruce Barket barket@barketepstein.com

Sent: Friday, July 5, 2019 1:02 PM

To: Adam Johnson <

Stephanie Scannell sscannell@bop.gov

a10johnson@bop.gov;

; Swergold, Jason (USANYS)

JSwergold@usa.doj.gov; tonyricco (tonyricco@aol.com) tonyricco@aol.com; Aida Leisenring

aleisenring@barketepstein.com

Subject: conditions in SHU

Subject: conditions in SHU

Good afternoon,

As I think you all know Nick has been placed in SHU based on an allegation that he was in possession of a cell phone. If true, I understand that some appropriate and proportional sanction may be in order.

Leaving that aside I want to address the conditions in his cell. The toilet is leaking and the floor is wet. As of Wednesday, he hasn’t received his personal property, including his books. He has been sitting in the cell with literally nothing to read, listen to or watch. Can we please make an effort to get him reading material. his radio and the accompanving batteries.

Page 15503

EFTA00045014

Most troubling is that he tells me that the legal work he had out when he was removed from the cell has not been returned to him. This included documents prepared for him by my office which contained substantial and sensitive work product that falls squarely within the attorney client privilege. Nick made notes on some of these documents to prepare for our next meeting. When I saw him Wednesday, he had some of his legal paperwork but not the documents he was working with when he was taken from the cell. I am very concerned that these documents have been seized by the staff at MCC. Can you please take steps to see to that all of this material be returned to him immediately.

Lastly, I am hoping we can find time early next week to discuss the conditions of Nick’s confinement going forward.

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]

www.barketepstein.com

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

Page 15504

EFTA00045015

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FromAdam Johnson
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TextAdam Johnson
ToJason Swergold Michael Gerber; Stephanie Scannell
SubjectRE: FW: conditions in SHU
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Page 15505

EFTA00045016

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Page 15506

EFTA00045017

Audits
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2020-05-19 15:35:31 EDTTagBOP01703.MXRADM1.MXRDOM1Responsive
2020-05-19 14:41:56 EDTTagBOP01703.MXRADM1.MXRDOM1Flagged

Page 15507

EFTA00045018

RE: FW: conditions in SHU

From"Swergold, Jason (USANYS)"

To Adam Johnson, Michael Gerber, Stephanie

To

Scannell

Date2019/07/08 14:18

Subject: RE: FW: conditions in SHU

Attachments: TEXT.htm, Mime.822

I know is going to be tied up for much of today. What are some good times tomorrow that work for you?

Jason M. Swergold

Assistant United States Attorney

212-637-1023

Subject: RE: FW: conditions in SHU

Hi all,

How does 2:45 or 3 sound? Would tomorrow be better? Time got away from me playing catch-up on all I missed last week.

Thank you, Adam

Adam M. Johnson
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

Assistant United States Attorney Southern District of New York 1 St. Plaza New York, NY 10007 212-637-2324

Page 15508

EFTA00045019

Adam is out today and I’m not sure what his schedule is for Monday. Is there a particular time that works (or doesn’t work) for you?

Thanks, Steph

Stephanie Scannell-Vessella
Staff Attorney
CLC New York
Metropolitan Correctional Center
150 Park Row
New York, NY 10007
p:646-836-6466
f:646-836-7665

We should discuss this issue as well as the cellphone on a call on Monday. Adam/Steph, what times would work for you on Monday?

Assistant United States Attorney

Southern District of New York

1 St. Plaza

New York, NY 10007

212-637-2324

From:Bruce Barket<bbarket@barketepstein.com>
Sent:Friday, July 5, 2019 1:02 PM
To:Adam Johnson<a10johnson@bop.gov>(a10johnson@bop.gov)<a10johnson@bop.gov>

Page 15509

EFTA00045020

Stepnanie scannen sscannen@gop.gov

Subject: conditions in SHU

Good afternoon,

As I think you all know Nick has been placed in SHU based on an allegation that he was in possession of a cell phone. If true, I understand that some appropriate and proportional sanction may be in order.

Leaving that aside I want to address the conditions in his cell. The toilet is leaking and the floor is wet. As of Wednesday, he hasn’t received his personal property, including his books. He has been sitting in the cell with literally nothing to read, listen to or watch. Can we please make an effort to get him reading material, his radio and the accompanying batteries.

Most troubling is that he tells me that the legal work he had out when he was removed from the cell has not been returned to him. This included documents prepared for him by my office which contained substantial and sensitive work product that falls squarely within the attorney client privilege. Nick made notes on some of these documents to prepare for our next meeting. When I saw him Wednesday, he had some of his legal paperwork but not the documents he was working with when he was taken from the cell. I am very concerned that these documents have been seized by the staff at MCC. Can you please take steps to see to that all of this material be returned to him immediately.

Lastly, I am hoping we can find time early next week to discuss the conditions of Nick’s confinement going forward.

Bruce A. Barket, Esq.

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]

www.barketepstein.com

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

Page 15510

EFTA00045021

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From"Swergk4d, Jason (USANYS)"
Display Name"Swergk4d, Jason (USANYS)"
Email"&

Page 15511

EFTA00045022

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Page 15512

EFTA00045023

Audits
DateActionAuditorNote
2019-12-11 06:28:35 ESTCreatedcn=Archive Agent_2-Zero Day Archive3.cn=Jobs.cn=GWOpenNode.cn=archiving.o=netmailGenerated by Netgovern [cn=Archive Agent_2-Zero Day Archive3.cn=Jobs.cn=GWOpenNode.cn=archiving.o=netmail]
2020-05-19 15:35:31 EDTTagBOP01703.MXRADM1.MXRDOM1Responsive
2020-05-19 14:41:56 EDTTagBOP01703.MXRADM1.MXRDOM1Flagged

Page 15513

EFTA00045024

Mail Attachment Mime.822

Page 15514

EFTA00045025

I know is going to be tied up for much of today. What are some good times tomorrow that work for you?

Jason M. Swergold

Assistant United States Attorney

212-637-1023

Hi all,

How does 2:45 or 3 sound? Would tomorrow be better? Time got away from me playing catch-up on all I missed last week.

Thank you, Adam

Adam M. Johnson
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

Thanks Steph. Any time after 1:30pm should work.

Assistant United States Attorney

Southern District of New York

1 St. Plaza

New York, NY 10007

212-637-2324

Subject: Re: FW: conditions in SHU

Adam is out today and I’m not sure what his schedule is for Monday. Is there a particular time that works (or doesn’t work) for you?

Thanks.

EFTA00045026

Steph

Stephanie Scannell-Vessella
Staff Attorney
CLC New York
Metropolitan Correctional Center
150 Park Row
New York, NY 10007
p:646-836-6466
f:646-836-7665

We should discuss this issue as well as the cellphone on a call on Monday. Adam/Steph, what times would work for you on Monday?

Assistant United States Attorney

Southern District of New York

1 St. Plaza

New York, NY 10007

212-637-2324

Good afternoon,

As I think you all know Nick has been placed in SHU based on an allegation that he was in possession of a cell phone. If true, I understand that some appropriate and proportional sanction may be in order.

Leaving that aside I want to address the conditions in his cell. The toilet is leaking and the floor is wet. As of Wednesday, he hasn’t received his personal property, including his books. He has been sitting in the cell with literally nothing to read, listen to or watch. Can we please make an effort to get him reading material, his radio and the accompanying batteries.

Most troubling is that he tells me that the legal work he had out when he was removed from the cell has not been returned to him. This included documents prepared for him by my office which contained substantial and sensitive work product that falls squarely within the attorney client privilege. Nick made notes on some of these documents to prepare for our next meeting. When I saw him Wednesday, he had some of his legal paperwork but not the documents he was working with when he was taken from the cell. I am very concerned that these documents have been seized by the staff at MCC. Can you please take steps to see to that all of this material be returned to him immediately.

Lastly, I am hoping we can find time early next week to discuss the conditions of Nick’s confinement going forward.

Bruce A. Barket, Esq.

Barket Epstein Kearon Aldea & LoTurco, LLP

EFTA00045027

666 Old Country Road , Ste. 700

Garden City, NY 11530

(516) 745 1500 [P] (516) 745 1245 [F]

www.barketepstein.com

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

Emails on conditions in the MCC SHU and seized legal papers, July 2019

Emails and letters

Emails among a defense attorney, BOP attorneys, and SDNY prosecutors about an inmate's SHU conditions, property, and allegedly seized privileged legal documents

DOJ Epstein Files, Data Set 9 · July 8, 2019

EFTA00045012 <table border="1" <tr <td From</td <td Adam Johnson</td </tr <tr <td To</td <td Jason Swergold, Michael Gerber, Stephanie Scannell</td </tr <tr <td Date</td <td 2019/07/08 14:08</td </tr <tr <td Subject:</td <td RE: FW: conditions in SHU</td </tr <tr <td Attachments:</td <td TEXT.htm</td </tr </table Hi all, How does 2:45 or 3 sound? Would tomorrow be better? Time got away from me playing catch-up on all I missed last week. Thank you, Adam <table border="1" <tr <td Adam M. Johnson</td </tr <tr <td Supervisory Staff Attorney</td </tr <tr <td CLC New York</td </tr <tr <td Metropolit…