Subject: RE: Discovery Issues¶
Date: Fri, 21 May 2021 17:00:25 +0000¶
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Great, the disc and password under separate cover have been left for FedEx.¶
Subject: RE: Discovery Issues¶
Letters look good, thanks! This is good to go out.¶
Subject: RE: Discovery Issues¶
Disc is burned and ready to get sent out to MDC. Draft cover letters are attached and saved here. Please let me know if you have any revisions.¶
Counsel,¶
Today we have an additional discovery production ready to send to you. This production is small enough to produce via USAfx. Please let us know if you do not already have a USAfx account, in which case our paralegals (cc’d) can assist you in creating an account. We are also sending a CD containing this production to the MDC via FedEx.¶
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Attached please find a cover letter accompanying this production. As you will see in the letter, the majority of this production consists of materials we are providing in response to your requests for additional information regarding the SUPP production (referenced in the below email exchange). I am also attaching the excel spreadsheet referenced in the cover letter to assist in your review of the materials from the SUPP production.¶
Please let us know if you have any further questions regarding the SUPP production or if you have any difficulty accessing the materials.¶
Laura,¶
I am working with our paralegals to look into your requests below. Our paralegals are also still working on the list of files that you provided that Ms. Maxwell has been unable to review at the MDC. As soon as we are able to provide an update on these issues, I will reach back out.¶
Assistant United States Attorney Southern District of New York¶
Also following up on your response to Chris. We have had a chance to take a look at these files again.¶
For the SUPP production, many of the files were produced as PDFs, which seems as though they were converted prior to production. As I understand it (which is admittedly limited), carved or deleted files can still contain application metadata.¶
We request that as to the SUPP production, you:¶
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a. Provide a list of all files that were carved or deleted;¶
b. Confirm if all those files were produced in native format or if any were converted to PDF;¶
c. If any were converted, provide additional information including the MIME type (for all), and if available from application metadata original file name, file dates, etc. This would amount to the equivalent of the index you provided for SDNY011.¶
d. In the absence of (b), confirm that no application metadata was recovered from those files which might indicate file creation/modified dates¶
Please let me know if you have any questions.¶
Chris,¶
Following up on these issues:¶
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For #3, the attachments were not recovered from the searched devices. We do not have them, which is why they were not produced.
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For #4, the electronic files recovered from Epstein’s devices have the same metadata on the hard drive that was available when the FBI seized each file. For files that were carved or deleted, no metadata was recovered, so none is viewable, except for data showing when a particular file was saved to a drive by the investigative team or prepared for production. I am not aware of any additional metadata in our possession that you do not have for these files.
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For #5, those photographs were not processed by CART, which is why they do not have a CART number. They came from the CDs that your team reviewed last week. The available metadata for those photographs was produced in two excel spreadsheets with the same production – one with metadata for nude images (which were contained on one of the hard drives you reviewed last week), and one with metadata for non-nude images (which were produced in the November 9, 2020 discovery production). As I mentioned in my email to Laura earlier today, I am working with our vendor to figure out how to best convey to you which Bates numbers correspond with which rows in the spreadsheet.
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For #6:
o The SDNY_GM_SUPP contain electronic files recovered from Epstein’s devices. As noted above, those files have the same metadata on the hard drive that was available when the FBI seized each file. For files that were carved or deleted, no metadata was recovered, so none is viewable.¶
o The videos from SDNY005 (October 20, 2020 production) were converted by a vendor from VHS and cassette tapes, so there is no metadata to provide. The Sept-Octo 2020 dates reflect when these recordings were converted by our vendor.¶
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- The SDNY011 (November 9, 2020 production) consists of images from the CDs seized from Epstein’s residences, which you reviewed last week. As referenced above, those photographs were not processed by CART, which is why they do not have a CART number. As referenced above, the available metadata for those photographs was produced in two excel spreadsheets with the same production – one with metadata for nude images (which were contained on one of the hard drives you reviewed last week), and one with metadata for non-nude images (which were produced in the November 9, 2020 discovery production). As I mentioned in my email to Laura earlier today, I am working with our vendor to figure out how to best convey to you which Bates numbers correspond with which rows in the spreadsheet.
Assistant United States Attorney Southern District of New York¶
Subject: RE: Discovery Issues¶
Chris,¶
That all makes sense, thanks very much. I will reach back out once I have conferred with our vendor and have answers for you on #3-#6.¶
Best,¶
Assistant United States Attorney Southern District of New York¶