Prosecution–defense discovery correspondence on redacted airline flight records, Aug. 2020

EFTA00074699¶

Chris,¶

The four Bates ranges you’ve identified are flight records produced by airline companies pursuant to subpoenas that requested flight records dating back to the 1990s. We have redacted flight information for recent flights (within the past decade) that substantially post-date the offense conduct. This information is not subject to disclosure under Rule 16. The protective order does not expand the scope of discovery; rather, it permits us to make disclosures of relevant materials with certain protections. If you have specific concerns, or if there is a particular reason you believe this material is subject to disclosure, please let us know if you’d like to discuss this further.¶

If there are other specific reactions that you have questions about, please let us know. Some materials were produced to us in redacted format, so it’s helpful for us to discuss specific Bates ranges.¶

Best,¶

We have not compiled a complete list of redacted documents. But below are some samples Bates ranges that contain redactions.¶

• SDNY_GM_00000977 – SDNY_GM_000001012 (American Airlines records)

• SDNY_GM_00004650 – SDNY_GM_00004655 (Delta Airlines records)

EFTA00074700¶

• SDNY_GM_00006081 - SDNY_GM_00006096 (Southwest records)

• SDNY_GM_00008138 - SDNY_GM_00008146 (United Airlines records)

Can you let us know if these are your redactions and, if so, why they are necessary given the protective order?¶

Thanks,¶

Chris¶

From:	[mailto:]
Sent:	Monday, August 17, 2020 9:48 AM
To:	Christian Everdell;
Cc:	Mark S. Cohen; Jeff Pagliuca; 'Laura Menninger'; Thomas J. Powers
Subject:	RE: Discovery

Chris,¶

We will work with our paralegals and IT staff to prepare replacement documents for the ranges you identified, and we will inquire about your suggestion of producing these materials without the McAfee encryption software.¶

We are happy to discuss any redactions that you believe should be removed. Would you please let us know what bates ranges you are referring to?¶

Assistant United States Attorney Southern District of New York¶

We noticed a few errors in the most recent production. They are similar to the errors we experienced with the first production – i.e., the file names were too long, which caused a problem uploading the files. Can you please provide replacement documents for the following Bates ranges:¶

1. SDNY_GM_00086557 - SDNY_GM_00096055

2. SDNY_GM_00164920 - SDNY_GM_00165517

EFTA00074701¶

I think these problems are caused by the McAfee encryption software that you are using. If we provided you with a hard drive with onboard encryption, would you be able to do away with the McAfee encryption software?¶

Also, we have noticed that many of the documents in the production contain redactions. There is no reason why the documents need to be redacted, given the protective order. Can you produce unredacted copies?¶

Thanks,¶

PRIVACY: A complete copy of our privacy policy can be viewed at: https://www.cohengresser.com/privacy-policy_¶

EFTA00074702¶