MEMY-1805 marker2 court-us-v-noel (salt 4090): 161/161

marker2/court-us-v-noel/EFTA02845736/EFTA02845736.md

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+UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+UNITED STATES OF AMERICA
+
+TOVA NOEL and MICHAEL
+
+Defendants.
+
+x
+
+X
+
+ORIGINAL
+
+#### INDICTMENT
+
+§ORBI 830
+
+### INTRODUCTION
+
+1. On or about August 10, 2019, TOVA NOEL and MICHAEL , the defendants, in dereliction of their duties as correctional officers at the Metropolitan Correctional Center ("MCC"), repeatedly failed to perform mandated counts of prisoners under their watch in the MCC's Special Housing Unit ("SHU"). Instead, for substantial portions of their shifts, NOEL and sat at their desk, browsed the internet, and moved around the common area of the SHU. To conceal their failure to perform their duties, NOEL and repeatedly signed false certifications attesting to having conducted multiple counts of inmates when, in truth and in fact, they never conducted such counts. As a result of those false statements, the MCC believed prisoners in the SHU were being regularly monitored and accounted for when, in fact, as a result of the defendants' conduct, no correctional officer conducted any count or round of the SHU from approximately 10:30
+
+p.m. on August 9 until approximately 6:30 a.m. on August 10, at which time, as alleged herein, NOEL and ll'Illidiscovered the body of an MCC inmate, Jeffrey Epstein, who thad committed suicide overnight while unobserved.
+
+# RELEVANT INDIVIDUALS AND ENTITIES
+
+2. The MCC is a federal administrative detention facility located in Manhattan that is run by the Federal Bureau of Prisons ("BOP"). house inmates who Southern District The MCC is one of several facilities used to have been charged with federal crimes in the of New York and are awaiting trial. The MCC employs correctional officers, whose primary duty is to ensure the care, custody, and control of the inmate population of the MCC.
+
+3. TOVA NOEL, the defendant, has been employed as a correctional officer at the MCC since approximately 2016. As of August 2019, NOEL's primary assignment was the SHU. On August 9, 2019, NOEL worked a regular shift from 4 p.m. to 12 a.m. in the SHU, and then worked an overtime shift from 12 a.m. to 8 a.m. on August 10, 2019, also in the SHU. NOEL had also worked a regular shift in the SHU the day before, August 8, 2019, from 12 p.m. to 8 p.m.
+
+4. MICHAEL the defendant, has been employed as a correctional officer at the MCC since approximately 2007. Beginning in approximately 2013, was assigned to work as a
+
+materials handler supervisor, although EIM regularly worked overtime shifts as <sup>a</sup>correctional officer, including in the SHU. MIM worked an overtime shift in the SHU on August 10, 2019, from 12 a.m. to 8 a.m. IMID did not work his regular shift on August 8 or August 9, 2019, but did work an overtime shift in the SHU on August 9, 2019 from 12 a.m. to 8 a.m.
+
+5. As detailed herein, Jeffrey Epstein was incarcerated at the MCC between his arrest on July 6, 2019, and his suicide on August 10, 2019. Epstein was detained pending trial in the Southern District of New York on sex trafficking charges.
+
+## THE MCC AND INSTITUTIONAL COUNTS
+
+6. The MCC, which houses approximately 750 inmates at any given time, assigns inmates to various housing units within the MCC. The SHU is a housing unit within the MCC where inmates are securely separated from the general inmate population to ensure their own safety as well as the safety of staff and other inmates. The SHU is located on the ninth floor of the MCC, and access to that floor is controlled by alocked door that can be opened remotely only by an officer in the MCC's centralized control center (the "Control Center"), which is located on the first floor of the MCC. Access into the SHU is also controlled by asecond locked door to which only correctional officers assigned to the SHU have keys while on duty. Within the SHU, inmates are assigned to six separate tiers, each of which can be accessed only via a single locked door to which the correctional officers assigned to the SHU have keys while on duty. Each tier has eight cells, each of which can house either one or two prisoners, and each individual cell which is made of cement and metal - is accessed only through <sup>a</sup> single locked door, to which only correctional officers assigned to the SHU have keys while on duty.
+
+7. The BOP requires correctional officers assigned to guard inmates at the MCC to conduct institution-wide counts of inmates at regular, scheduled intervals to ensure that each inmate is alive and accounted for within the MCC (the "institutional count"). On weekdays, the MCC conducts five institutional counts at 4 p.m., 10 p.m., 12 a.m., 3 a.m., and 5 a.m. Performing an institutional count is one of the most basic and essential aspects of acorrectional officer's job, and the count is one of the most basic and essential functions of daily operation of the MCC. Two officers are required to perform the institutional count for each housing unit, including the SHU, and are further required to document their performance of the count on an official MCC form called acount slip. To perform the institutional count in the SHU, two officers must walk from tier to tier to observe and count each individual inmate.
+
+8. On the count slip, both correctional officers are required to fill in the date and time the count was performed, write the total number of inmates physically present in the unit counted, and then sign the count slip. Once the correctional officers have completed and signed the count slips, the count slips are then collected and delivered to the Control Center, where officers within the Control Center are responsible for comparing the count slips from each housing unit to the institution's inmate roster to ensure that each inmate is accounted for. Only after all the count slips are collected from each housing unit, and the numbers on the slips are matched to the institution's inmate roster, can the institutional count be deemed "cleared" or completed. If a housing unit's count slip is incorrect or incomplete, then the institution cannot "clear" the count. Instead, the count must be completely redone in that housing unit via a more-intensive version of the institutional count called <sup>a</sup> "bed book count," in which officers must compare every individual inmate to the institution's inmate roster. Records of each institutional count, including the count slips, are provided to <sup>a</sup> supervising official and retained by the MCC.
+
+9. In addition to the institutional count, the BOP requires correctional officers assigned to the SHU to walk each of the tiers of the SHU - which is called a"round" - every thirty
+
+minutes ("30-minute rounds"). Like the institutional counts, correctional officers conduct 30-minute rounds to ensure that each inmate is alive and accounted for within his cell. Correctional officers working in the SHU are required to complete a form, which is reviewed and signed by their supervisor, documenting the date and time of each 30-minute round in each tier of the SHU.
+
+#### EPSTEIN'S PRIOR APPARENT SUICIDE ATTEMPT
+
+10. On July 6, 2019, inmate Jeffrey Epstein was arrested and detained at the MCC on sex trafficking charges. On July 10, 2019, Epstein was assigned to the SHU due to, among other things, risk factors for suicidality and safety concerns relating to housing him with the MCC's general population.
+
+11. On July 23, 2019, while Epstein was housed in the SHU, MCC officers responded to an emergency call, and found Epstein on the floor of his cell with a strip of bedsheet around his neck. MICHAEL 1=1, the defendant, was one of the MCC officers who responded to the incident. Epstein was subsequently transferred out of the SHU and was placed on suicide watch. Inmates placed on suicide watch are housed in acell on the hospital wing floor of the MCC, and are watched twenty-four hours a day by astaff member or <sup>a</sup>specially trained inmate companion.
+
+12. Epstein remained on suicide watch for approximately twenty-four hours, and then was transferred to psychological observation, until July 30, 2019. Psychological observation is less restrictive than suicide watch, but inmates are still housed in the hospital wing of the MCC and watched twenty-four hours <sup>a</sup> day.
+
+13. On July 30, 2019, Epstein was transferred back to the SHU, and, at the direction of the MCC's psychological staff, was required to have an assigned cellmate. Epstein was also assigned to the cell closest to the correctional officers' desk in the common area of the SHU, which was approximately fifteen feet from the cell. Conducting the required institutional counts and thirty-minute rounds in the SHU were also part of the MCC's procedures for ensuring the safety of inmates, including Epstein.
+
+## EVENTS OF AUGUST 9-10, 2019
+
+14. On August 9, 2019, Epstein's cellmate was transferred out of the MCC in a routine, pre-arranged transfer at approximately 8 a.m. Despite the MCC's psychological staff's direction that Epstein have a cellmate, no new cellmate was assigned to Epstein's cell.
+
+15. TOVA NOEL, the defendant, was one of the assigned officers on duty in the SHU from 4 p.m. on August 9, 2019 to <sup>8</sup> a.m. on August 10. From 4 p.m. to 12 a.m., two other officers were on duty with NOEL in the SHU: one officer was assigned to work from 2 p.m. to 10 p.m. ("Officer-1"), and one officer was assigned to work from 4 p.m. to 12 a.m. ("Officer-2"). MICHAEL <sup>a</sup>the defendant, started his shift in the SHU at 12 a.m. on August 10. From 12 a.m. until 8 a.m. on August 10, NOEL and were the only two officers on duty in the SHU.
+
+16. During the time period from 4 p.m. on August 9 to <sup>8</sup>a.m. on August 10, the officers on duty in the SHU, including TOVA NOEL and MICHAEL a the defendants, were responsible for conducting five institutional counts: 4 p.m. and 10 p.m. on August 9; and 12 a.m., 3 a.m., and 5 a.m. on August 10. NOEL, IIIIIIlland the other officers on duty were also responsible for completing paperwork attesting to each of those counts. While, as detailed herein, count slips were completed for each institutional count, in fact, not a single one of those institutional counts was done.
+
+17. TOVA NOEL, the defendant, and Officer-1 were responsible for conducting the 4 p.m. institutional count in the SHU. As video from the MCC's internal video surveillance system makes clear, NOEL and Officer-1 did not perform the 4 p.m. count. Nonetheless, NOEL and Officer-1 completed and signed acount slip that falsely stated that the 4 p.m. institutional count had been performed. In reliance on that falsified count slip, at approximately 5:03 p.m., the Control Center cleared the 4 p.m. count.
+
+18. That evening, Epstein returned to the SHU from his attorney visit and was escorted into his cell by TOVA NOEL, the defendant, and another officer at approximately 7:49 p.m. NOEL and the other officer left the tier in which Epstein was housed immediately thereafter.
+
+19. By or before 10 p.m., all inmates in the MCC were locked in their cells for the night. At or around that time, TOVA NOEL, the defendant, and Officer-2 were responsible for conducting the 10 p.m. institutional count in the SHU. However, video from the MCC's internal video surveillance system shows that NOEL and Officer-2 did not perform the 10 p.m. count. Nonetheless, NOEL and Officer-2 completed and signed a count slip falsely stating that the 10 p.m. institutional count had been performed. In reliance on that falsified count slip, at approximately 10:36 p.m., the Control Center cleared the 10 p.m. count.
+
+20. As reflected on video obtained from the MCC's internal video surveillance system, at approximately 10:30 p.m. on August 9, 2019 - after TOVA NOEL, the defendant, had signed and submitted the 10 p.m. count slip and the institutional count had been completed - NOEL briefly walked up to, and then walked back from, the door to the tier in which Epstein was housed. As confirmed by the video obtained from the MCC's internal video surveillance system, this was the last time anyone, including any
+
+correctional officer, walked up to, let alone entered, the only entrance to the tier in which Epstein was housed until approximately 6:30 a.m. on August 10.
+
+21. Officer-l's shift ended at approximately 10 p.m., and at approximately 12 a.m., MICHAEL 'III'S, the defendant, replaced Officer-2, joining TOVA NOEL, the defendant, as the only two correctional officers on duty in the SRO. NOEL and were responsible for conducting the 12 a.m. institutional count in the SHU. As confirmed by video from the MCC's internal video surveillance system, NOEL and adid not perform the 12 a.m. count. Nonetheless, NOEL and completed and signed acount slip for the 12 a.m. count that falsely stated that the institutional count had been performed. In reliance on that falsified count slip, at approximately 12:49 a.m., the Control Center cleared the 12 a.m. count.
+
+22. TOVA NOEL and MICHAEL , the defendants, were additionally responsible for conducting the 3 a.m. and 5 a.m. institutional counts in the SHU. As confirmed by video from the MCC's internal video surveillance system, NOEL and did not perform either the 3 a.m. or the 5 a.m. counts. NOEL and nonetheless completed and signed count slips for both counts that falsely stated that they had performed the 3 a.m. and 5 a.m. institutional counts. In reliance on those falsified count slips,
+
+at approximately 3:24 a.m. and 5:30 a.m., the Control Center cleared the 3 a.m. and 5 a.m. counts, respectively.
+
+23. Moreover, despite the requirement that officers on duty in the SHU conduct and document regular, 30-minute rounds, TOVA NOEL and MICHAEL a the defendants, did not perform any of the required 30-minute rounds during their shift between approximately 12 a.m. and 6:30 a.m. Nonetheless, NOEL completed and signed more than 75 separate 30-minute round entries falsely affirming that they had, in fact, conducted such rounds.
+
+24. During the night, instead of completing the required counts and rounds, TOVA NOEL and MICHAEL a the defendants, were seated at the correctional officers' desk in the SHU common area (as noted above, approximately 15 feet from Epstein's cell), used the computers, and moved around the SHU common area. For a period of approximately two hours, NOEL and sat at their desk without moving, and appeared to have been asleep. NOEL used the computer periodically throughout the night, including to search the internet for furniture sales and benefit websites. used the computer briefly around 1 a.m., 4 a.m., and 6 a.m. to search for motorcycle sales and sports news.
+
+25. At approximately 4 a.m., the overnight supervisor briefly visited NOEL and in the SHU, and conferred with NOEL and IMMI, who were seated at and around the officers' desk, before leaving. At approximately 5:30 a.m., another correctional officer briefly walked through the SHU common area. Aside from those two officers, as confirmed by video surveillance, no one else entered the SHU, no one conducted any counts or rounds throughout the night, and no one entered the tier in which Epstein was housed.
+
+26. Shortly after 6 a.m. on August 10, 2019, MICHAEL UM and TOVA NOEL, the defendants, received a delivery of breakfast carts into the SHU, after which time they were again the only officers in the SHU. Shortly after 6:30 a.m., NOEL and MM walked up to and entered the tier in which Epstein was housed to serve breakfast. At approximately 6:33 a.m., an alarm was activated in the SHU. Epstein was alone in his cell and not responsive, with anoose around his neck. A supervisor who had just started his shift ("Supervisor-1") responded to the alarm almost immediately thereafter, and as NOEL approached the door to the SHU to open the door for Supervisor-1, NOEL told Supervisor-1 that "Epstein hung himself." After arriving in the SHU, Supervisor-1 spoke with and NOEL. NOEL told Supervisor-1 "we did not complete the 3 a.m. nor 5 a.m. rounds." stated, "we messed up," and "I messed up, she's not to blame, we didn't do any rounds."
+
+27. Epstein was transferred to alocal hospital where he was declared dead shortly thereafter. The Office of the Chief Medical Examiner of the City of New York conducted an autopsy and determined that Epstein had committed suicide by hanging himself.
+
+#### STATUTORY ALLEGATIONS
+
+### COUNT ONE (Conspiracy)
+
+The Grand Jury charges:
+
+28. The Grand Jury incorporates the allegations contained in paragraphs 1 through 27 of this Indictment as though fully set forth herein.
+
+29. In or about August 2019, in the Southern District of New York, TOVA NOEL and MICHAEL , the defendants, knowingly conspired with each other to:
+
+a. Knowingly defraud the United States by impairing, obstructing, and defeating the lawful functions of <sup>a</sup> department or agency of the United States, to wit, the MCC's function to ensure the care, custody, and control of its inmate population.
+
+b. Knowingly make and use a false writing or document knowing the same to contain a materially false, fictitious, and fraudulent statement and entry with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States, in violation of Title 18, United States Code, Section 1001 (a)(3).
+
+30. In furtherance of the conspiracy and to effect the illegal objects thereof, TOVA NOEL and MICHAEL a, the defendants, committed the following overt acts, among others, in the Southern District of New York:
+
+a. On August 10, 2019, NOEL and falsely certified, on an MCC count slip, that they had performed the <sup>12</sup> a.m. institutional count of the SHU, when they had not in fact done so.
+
+b. On August 10, 2019, NOEL and falsely certified, on an MCC count slip, that they had performed the <sup>3</sup> a.m. institutional count of the SHU, when they had not in fact done so.
+
+c. On August 10, 2019, NOEL and falsely certified, on an MCC count slip, that they had performed the <sup>5</sup> a.m. institutional count of the SHU at MCC, when they had not in fact done so.
+
+d. On August 10, 2019, NOEL falsely certified that she and had performed aseries of 30-minute rounds of the SHU between 12 a.m. and 6:30 a.m., when they had not in fact done so.
+
+(Title 18, United States Code, Section 371)
+
+#### COUNT TWO (False Records - 4 p.m. Count)
+
+The Grand Jury further charges:
+
+31. The Grand Jury incorporates the allegations contained in paragraphs 1 through 27 of this Indictment as though fully set forth herein.
+
+32. On or about August 9, 2019, in the Southern District of New York, TOVA NOEL, the defendant, willfully and knowingly did make and use a false writing or document knowing the same to contain a materially false, fictitious, and fraudulent statement and entry with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States, and did attempt to do the same, to wit, NOEL created, signed, and submitted to the MCC a materially false count slip indicating that she had performed the 4 p.m. institutional count of the SHU, when she had not in fact done so.
+
+(Title 18, United States Code, Sections 1001(a)(3) and 2)
+
+### COUNT THREE (False Records - 10 p.m. Count)
+
+The Grand Jury further charges:
+
+33. The Grand Jury incorporates the allegations contained in paragraphs 1 through 27 of this Indictment as though fully set forth herein.
+
+34. On or about August 9, 2019, in the Southern District of New York, TOVA NOEL, the defendant, willfully and knowingly did make and use a false writing or document knowing the same to contain a materially false, fictitious, and fraudulent statement and entry with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States, and did attempt to do the same, to wit, NOEL created, signed, and submitted to the MCC a materially false count slip indicating that she had performed the 10 p.m. institutional count of the SHU, when she had not in fact done so.
+
+(Title 18, United States Code, Sections 1001(a)(3) and 2)
+
+COUNT FOUR (False RecOrds - 12 a.m. Count)
+
+The Grand Jury further charges:
+
+35. The Grand Jury incorporates the allegations contained in paragraphs 1 through 27 of this Indictment as though fully set forth herein.
+
+36. On or about August 10, 2019, in the Southern District of New York, TOVA NOEL and MICHAEL Mr the defendants, willfully and knowingly did make and use a false writing or document knowing the same to contain a materially false, fictitious, and fraudulent statement and entry with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States, and did attempt to do the same, to wit, NOEL and MB created, signed, and submitted to the MCC a materially false count slip indicating that they had performed the 12 a.m. institutional count of the SHU, when they had not in fact done so.
+
+(Title 18, United States Code, Sections 1001(a)(3) and 2)
+
+## COUNT FIVE (False Records - 3 a.m. Count)
+
+The Grand Jury further charges:
+
+37. The Grand Jury incorporates the allegations contained in paragraphs 1 through 27 of this Indictment as though fully set forth herein.
+
+38. On or about August 10, 2019, in the Southern District of New York, TOVA NOEL and MICHAEL , the defendants, willfully and knowingly did make and use a false writing or document knowing the same to contain a materially false, fictitious, and fraudulent statement and entry with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States, and did attempt to do the same, to wit, NOEL and created, signed, and submitted to the MCC a materially false count slip indicating that they had performed the 3 a.m. institutional count of the SHU, when they had not in fact done so.
+
+(Title 18, United States Code, Sections 1001(a)(3) and 2)
+
+COUNT SIX (False Records - 5 a.m. Count)
+
+The Grand Jury further charges:
+
+39. The Grand Jury incorporates the allegations contained in paragraphs 1 through 27 of this Indictment as though fully set forth herein.
+
+40. On or about August 10, 2019, in the Southern District of New York, TOVA NOEL and MICHAEL , the defendants, willfully and knowingly did make and use a false writing or document knowing the same to contain a materially false, fictitious, and fraudulent statement and entry with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States, and did attempt to do the same, to wit, NOEL and created, signed, and submitted to the MCC a materially false count slip indicating that they had
+
+performed the 5 a.m. institutional count of the SHU, when they had not in fact done so.
+
+(Title 18, United States Code, Sections 1001(a)(3) and 2)
+
+![]()![]()GEOFFREY S. BERMAN  
+United States Attorney
+
+---
+
+UNITED STATES DISTRICT COURT  
+SOUTHERN DISTRICT OF NEW YORK
+
+---
+
+UNITED STATES OF AMERICA
+
+- v. -
+
+TOVA NOEL and  
+MICHAEL [REDACTED]
+
+Defendants.
+
+---
+
+INDICTMENT
+
+19 Cr.
+
+Title 18, United States Code,  
+Sections 371, 1001(a)(3), and 2.
+
+GEOFFREY S. BERMAN  
+United States Attorney
+
+---
+
+A TRUE BILL
+
+![]()Foreperson.
+
+---
+
+2 Arrest warrants  
+Indictment Filed  
+Assigned to Judge Turres  
+Hon. Sarah Netburn, USMJ  
+(R) 11/19/19

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marker2/court-us-v-noel/EFTA02845756/EFTA02845756.md

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+UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA,
+
+-against-
+
+TOVA NOEL and MICHAEL
+
+Defendants.
+
+ANALISA District Judge:
+
+USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 11/19/2019
+
+19 Cr. 830 (AT)
+
+ORDER
+
+It is hereby ORDERED that an initial conference is scheduled for November 25, 2019, at 12:00 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York.
+
+SO ORDERED.
+
+Dated: November 19, 2019 New York, New York
+
+Cyr.
+
+ANALISA United States District Judge

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marker2/court-us-v-noel/EFTA02845757/EFTA02845757.md

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+## UNITED STATES DISTRICT COURT
+
+Southern DISTRICT OF
+
+To the Clerk of this court and all parties of record:
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+Enter my appearance as counsel in this case for
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+Tova Noel
+
+I certify that I am admitted to practice in this court.
+
+11/19/2019
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+Date Signature
+
+New York
+
+## APPEARANCE
+
+Case Number: 19 Crim 830
+
+Jason E. Foy
+
+Prim Name
+
+.47
+
+105 Main Street
+
+Address
+
+Hackensack NJ
+
+City State
+
+07601
+
+JF5839
+
+Bar Number
+
+Zip Code
+
+(201) 457-0071 (201) 457-0072
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+Phone Number Fax Number

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marker2/court-us-v-noel/EFTA02845758/EFTA02845758.md

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+AUSA Nicolas Roos
+
+DEF.'S COUNSEL James E. Foy
+
+ RETAINED  FEDERAL DEFENDERS  CJA  PRESENTMENT ONLY
+
+ INTERPRETER NEEDED
+
+ DEFENDANT WAIVES PRETRIAL REPORT
+
+ Rule 5  Rule 9  Rule 5(c)(3)  Detention Hrg.
+
+DATE OF ARREST 11/19/2019
+
+ VOL. SURR.
+
+TIME OF ARREST \_\_\_\_\_
+
+ ON WRIT
+
+ Other: \_\_\_\_\_
+
+TIME OF PRESENTMENT \_\_\_\_\_
+
+BAIL DISPOSITION
+
+ DETENTION ON CONSENT W/O PREJUDICE
+
+ DETENTION: RISK OF FLIGHT/DANGER
+
+ SEE SEP. ORDER
+
+ DETENTION HEARING SCHEDULED FOR:
+
+ AGREED CONDITIONS OF RELEASE
+
+ DEF. RELEASED ON OWN RECOGNIZANCE
+
+ \$100,000 PRB  2 FRP
+
+ SECURED BY \$ CASH/PROPERTY:
+
+ TRAVEL RESTRICTED TO SDNY/EDNY/District of New Jersey, Eastern District of Pennsylvania
+
+ TEMPORARY ADDITIONAL TRAVEL UPON CONSENT OF AUSA & APPROVAL OF PRETRIAL SERVICES
+
+ SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS)
+
+ PRETRIAL SUPERVISION:  REGULAR  STRICT  AS DIRECTED BY PRETRIAL SERVICES
+
+ DRUG TESTING/TREATMT AS DIRECTED BY PTS  MENTAL HEALTH EVAL/TREATMT AS DIRECTED BY PTS
+
+ DEF. TO SUBMIT TO URINALYSIS; IF POSITIVE, ADD CONDITION OF DRUG TESTING/TREATMENT
+
+ HOME INCARCERATION  HOME DETENTION  CURFEW  ELECTRONIC MONITORING  GPS
+
+ DEF. TO PAY ALL OF PART OF COST OF LOCATION MONITORING, AS DETERMINED BY PRETRIAL SERVICES
+
+ DEF. TO CONTINUE OR SEEK EMPLOYMENT [OR]  DEF. TO CONTINUE OR START EDUCATION PROGRAM
+
+ DEF. NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON
+
+ DEF. TO BE DETAINED UNTIL ALL CONDITIONS ARE MET
+
+ DEF. TO BE RELEASED ON OWN SIGNATURE, PLUS THE FOLLOWING CONDITIONS:
+
+; REMAINING CONDITIONS TO BE MET BY: 11/25/19
+
+ADDITIONAL CONDITIONS/ADDITIONAL PROCEEDINGS/COMMENTS:
+
+*No contact with co-defendant unless in the presence of counsel.*
+
+ DEF. ARRAIGNED; PLEADS NOT GUILTY
+
+ CONFERENCE BEFORE D.J. ON 11/25/2019
+
+ DEF. WAIVES INDICTMENT
+
+ SPEEDY TRIAL TIME EXCLUDED UNDER 18 U.S.C. § 3161(h)(7) UNTIL 11/25/2019
+
+For Rule 5(c)(3) Cases:
+
+ IDENTITY HEARING WAIVED
+
+ DEFENDANT TO BE REMOVED
+
+ PRELIMINARY HEARING IN SDNY WAIVED
+
+ CONTROL DATE FOR REMOVAL: \_\_\_\_\_
+
+PRELIMINARY HEARING DATE: 12/19/2019
+
+ ON DEFENDANT'S CONSENT
+
+[Signature]  
+UNITED STATES MAGISTRATE JUDGE, S.D.N.Y.

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marker2/court-us-v-noel/EFTA02845759/EFTA02845759.md

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+DOCKET No. 19 Cr 830 (AT) DEFENDANT Michael M.
+
+AUSA Nicolas Roos DEF.'S COUNSEL Montel Fiovi
+
+0 RETAINED O FEDERAL DEFENDERS U CIA O PRESENTMENT ONLY
+
+INTERPRETER NEEDED
+
+O DEFENDANT WAIVES PRETRIAL REPORT
+
+O Rule 5 O Rule 9 O Rule 5(c)(3) O Detention Hrg. DATE OF ARREST 11/19/2019 0 VOL SURR.
+
+TIME OF ARREST O ON WRIT
+
+O Other: TIME OF PRESENTMENT
+
+## BAIL DISPOSITION
+
+❑ SEE SEP. ORDER O DETENTION ON CONSENT W/O PREJUDICE O DETENTION: RISK OF FLIGHT/DANGER O SEE TRANSCRIPT
+
+O DETENTION HEARING SCHEDULED FOR:
+
+O AGREED CONDITIONS OF RELEASE
+
+o DEF. RELEASED ON OWN RECOGNIZANCE
+
+\$100.000 PRB 0 2 FRP
+
+O SECURED BY \$ CASH/PROPERTY:
+
+0 TRAVEL RESTRICTED TO SDNY/EDNY/District of New Jersey
+
+O TEMPORARY ADDITIONAL TRAVEL UPON CONSENT OF AUSA & APPROVAL OF PRETRIAL SERVICES
+
+0 SURRENDER TRAVEL DOCUMENTS (& NO NBW APPLICATIONS)
+
+0 PRETRIAL SUPERVISION: O REGULAR O STRICT 0 AS DIRECTED BY PRETRIAL SERVICES
+
+O DRUG TESTINOTREATMT AS DIRECTED BY PTS O MENTAL HEALTH EVAUTREATMT AS DIRECTED BY PTS
+
+O DEF. TO SUBMIT TO URINALYSIS; IF POSITIVE, ADD CONDITION OF DRUG TESTING/TREATMENT
+
+O HOME INCARCERATION O HOME DETENTION O CURFEW O ELECTRONIC MONITORING CI an
+
+O DEF. TO PAY ALL OF PART OF COST OF LOCATION MONITORING, AS DETERMINED BY PRETRIAL SERVICES
+
+O DEF. TO CONTINUE OR SEEK EMPLOYMENT [OR] O DEF. TO CONTINUE OR START EDUCATION PROGRAM
+
+0 DEF. NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON
+
+g f36. TO BE DETAINED UNTIL ALL CONDITIONS ARE MET
+
+DEF. TO BE RELEASED ON OWN SIGNATURE, PLUS THE FOLLOWING CONDITIONS:
+
+; REMAINING CONDITIONS TO BE MET BY: I L 9. V (
+
+## ADDMONAL CONDMONS/ADDMONAL PROCEEDINGS/COMMENTS:
+
+IJD tAlibtSc JG Litre qv ate.ok4t.
+
+'JO I, 6 %Ante V V14/.Ata te kik ./4+1"u q covifititt.
+
+0 DEF. ARRAIGNED; PLEADS NOT GUILTY 0 CONFERENCE BEFORE D.J. ON 11125[2,019
+
+O DEF. WAIVES INDICTMENT
+
+0 SPEEDY TRIAL TIME EXCLUDED UNDER 18 U.S.C. § 3161(hX7) UNTIL 11/25/2019
+
+For Rule 5(O(3) Cases:
+
+❑ IDENTITY HEARING WAIVED O DEFENDANT TO BE REMOVED
+
+❑ PRELIMINARY HEARING IN SDNY WAIVED O CONTROL DATE FOR REMOVAL:
+
+PRELIMINARY HEARING DATE: 190t90381015r O ON DEFENDANT'S CONSENT
+
+UNITED TES MAGISIVA YE JUDGE, S.D.N.Y.

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marker2/court-us-v-noel/EFTA02845760/EFTA02845760.md

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+# UNITED STATES DISTRICT COURT
+
+Southern District of New York
+
+for the
+
+United States of America )
+
+v. )
+
+)
+
+MICHAEL )
+
+Defendant )
+
+APPEARANCE BOND
+
+### Defendant's Agreement
+
+19 CR 830 (AT)
+
+•
+
+Michael (defendant), agree to follow every order of this court, or any court that considers this case, and I further agree that this bond may be forfeited if I fail:
+
+( 0 ) to appear for court proceedings; ( ) if convicted, to surrender to serve a sentence that the court may impose; or ( ) to comply with all conditions set forth in the Order Setting Conditions of Release
+
+![](_page_0_Picture_26.jpeg)
+
+( ) (1) This is a personal recognizance bond.
+
+( ISI ) (2) This is an unsecured bond of \$ \$100,000.00 •
+
+( O ) (3) This is a secured bond of \$ , secured by:
+
+( O ) (a) \$ , in cash deposited with the court.
+
+( 0 ) (b) the agreement of the defendant and each surety to forfeit the following cash or other property (describe the cash or other property, Including claims on it —such as a lien, mortgage, or loan — and attach proof of ownership and value):
+
+If this bond is secured by real property, documents to protect the secured interest may be filed of record.
+
+( O ) (c) a bail bond with a solvent surety (attach a copy of the ball bond, or describe it and Ida\* the surety):
+
+## Forfeiture or Release of the Bond
+
+Forfeiture of the Bond. This appearance bond may be forfeited if the defendant does not comply with the above agreement. The court may immediately order the amount of the bond surrendered to the United States, including the security for the bond, if the defendant does not comply with the agreement. At the request of the United States, the court may order a judgment of forfeiture against the defendant and each surety for the entire amount of the bond, including interest and costs.
+
+AO 98 (key. 12/I I )Appearance flood
+
+Release of the Bond. The court may order this appearance bond ended at any time. This bond will be satisfied and the security will be released when either: (1) the defendant is found not guilty on all charges, or (2) the defendant reports to serve a sentence.
+
+# Declarations
+
+Ownership of the Property. I, the defendant — and each surety — declare under penalty of perjury that:
+
+- (1) all owners of the property securing this appearance bond are included on the bond;
+- (2) the property is not subject to claims, except as described above; and
+- (3) I will not sell the property, allow further claims to be made against it, or do anything to reduce its value while this appearance bond is in effect.
+
+Acceptance. I, the defendant — and each surety — have read this appearance bond and have either read all the conditions of release set by the court or had them explained to me. I agree to this Appearance Bond.
+
+I, the defendant - and each surety — declare under penalty of perjury that this information is true. (See 28 U.S.C.§ 1746.)
+
+Date: 11/19/2019
+
+7:.9 417 . 5
+
+Suretylproperty owner printed name <sup>A</sup>
+
+Defendant's signature Michael=
+
+Surety/property owner — signature and date
+
+Surety/property owner— printed name Suretylproperry owner— signature and date
+
+Surety/property owner — printed name Surety/property owner —signature and date
+
+Date: 11/19/2019
+
+Approved.
+
+Date: 11/19/2019
+
+AO 9\$ (Rev. 12/11) Appearance Bond
+
+Release oldie Bond. The court may order this appearance bond ended at any time. This bond will be satisfied and the security will be released when either: (I) the defendant is found not guilty on all charges, or (2) the defendant reports to serve a sentence.
+
+#### Declarations
+
+Ownership of the Property. I, the defendant — and each surety — declare under penalty of perjury that:
+
+- (1) all owners of the property securing this appearance bond are included on the bond;
+- (2) the property is not subject to claims, except as described above; and
+- (3) I will not sell the property, allow further claims to be made against it, or do anything to reduce its value while this appearance bond is in effect.
+
+Acceptance. 1, the defendant —and each surety —Stave read this appearance hoed and have tithes read at4 the conditions of release set by the court or had them explained to me. I agree to this Appearance Bond.
+
+I, the defendant — and each surety — declare under penalty of perjury that this information is true. (See 28 U.S.C.§ 1746.)
+
+Date: 11/19/2019
+
+(47e4its.
+
+Surety/property owner — printed name Surety/property owner — signature and date
+
+Defrndant a signature Michael
+
+Surely/property owner —printed name Surety/property owner — signature and dote
+
+Suretyiproperry owner — prtniedneum
+
+Date: 11/19/2019
+
+Approved.
+
+Date: 11/19/2019
+
+Surety/property owner — signature and dote
+
+A i284te At Wilk te/ • Oil/
+
+AO 98 (Rev. 12/11) Appearance Bond
+
+Release of the Bond. The court may order this appearance bond ended at any time. This bond will be satisfied and the security will be released when either: (1) the defendant is found not guilty on all charges, or (2) the defendant reports to serve a sentence.
+
+Declarations
+
+Ownership of the Property. I, the defendant - and each surety - declare under penalty of perjury that:
+
+- (1) all owners of the property securing this appearance bond are included on the bond;
+- (2) the property is not subject to claims, except as described above; and
+- (3) I will not sell the property, allow further claims to be made against it, or do anything to reduce its value while this appearance bond is in effect.
+
+Acceptance. I, the defendant - and each surety - have read this appearance bond and have either read all the conditions of release set by the court or had them explained to me. I agree to this Appearance Bond.
+
+I, the defendant - and each surety - declare under penalty of perjury that this information is true. (See 28 U.S.C.§ 1746.)
+
+Date: 11/19/2019
+
+![]()Defendant's signature **Michael** [Redacted]
+
+![]()Surety/property owner - printed name
+
+2
+
+Surety/property owner - signature and date
+
+![]()Surety/property owner - printed name
+
+![]()NEWARK, NJ
+
+Surety/property owner - printed name
+
+Surety/property owner - signature and date
+
+CLERK OF COURT
+
+![]()Signature of Clerk or Deputy Clerk
+
+![]()AUSA signature **Nicolas Roos**
+
+![]()USDC - NJ Depty Clerk
+
+Date: 11/19/2019
+
+Approved.
+
+Date: 11/19/2019
+
+# UNITED STATES DISTRICT COURT
+
+for the
+
+Southern District of New York
+
+United States of America v.
+
+) ) ) Case No. 19 CR 830 (AT)
+
+Michael )
+
+Defendant )
+
+# ORDER SEWING CONDITIONS OF RELEASE
+
+IT IS ORDERED that the defendant's release is subject to these conditions:
+
+- (1) The defendant must not violate federal, state, or local law while on release.
+- (2) The defendant must cooperate in the collection of a DNA sample if it is authorized by 42 U.S.C. § 14135a.
+- (3) The defendant must advise the court or the pretrial services office or supervising officer in writing before making any change of residence or telephone number.
+- (4) The defendant must appear in court as required and, if convicted, must surrender as directed to serve a sentence that the court may impose.
+
+The defendant must appear at: Place
+
+on Date and Time
+
+If blank, defendant will be notified of next appearance.
+
+- (5) The defendant must sign an Appearance Bond, if ordered.
+
+#### ADDITIONAL CONDITIONS OF RELEASE
+
+IT IS FURTHER ORDERED that the defendant's release is subject to the conditions marked below:
+
+( ❑ ) (6) The defendant is placed in the custody of:
+
+Person or organization
+
+Address (only (talian? Is an organisation)
+
+City and state Tel. No. who agrees to (a) supervise the defendant, (b) use every effort to assure the defendant's appearance at all court proceedings, and (c) notil), the court inunediatcl if the defendant violates a condition of release or is no longer in the custodian's custody.
+
+Signed:
+
+Custodian
+
+( (7) The defendant must:
+
+) (a) submit to supervision by and report for supervision to the PRETRIAL SERVICES telephone number , no later than (O ) (b) continue or actively seek employment. (O ) (c) continue or start an education program. ) (d) surrender any passport to: PRETRIAL SERVICES ( 0 ) (e) not obtain a passport or other international travel document. ) (f) abide by the following restrictions on personal association, residence, or travel: SDNY / EDNY I DISTRICT OF NEW JERSEY
+
+( ❑ ) (g) avoid all contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution, including:
+
+( ❑ ) (h) get medical or psychiatric treatment:
+
+( ❑ ) (I) return to custody each at o'clock after being released at o'clock for employment, schooling, or the following purposes:
+
+( ❑ ) 0) maintain residence at a halfway house or community corrections center, as the pretrial services office or supervising officer considers necessary.
+
+( is] ) (k) not possess <sup>a</sup>firearm, destructive device, or other weapon.
+
+( Z ) (I) not use alcohol ( ❑ ) at all ( (g) ) excessively.
+
+( ❑ ) (m) not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by alicense medical practitioner.
+
+( ❑ ) (n) submit to testing for a prohibited substance if required by the pretrial services office or supervising officer. Testing may be used with randoi frequency and may include urine testing, the wearing of a sweat patch, aremote alcohol testing system, and/or any form of prohibite substance screening or testing. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy of prohibite substance screening or testing.
+
+( Q ) (o) participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office <sup>t</sup> supervising officer.
+
+( ❑ ) (p) participate in one of the following location restriction programs and comply with its requirements as directed.
+
+( ❑ ) (i) Curfew. You are restricted to your residence every day ( ) from to , or ( ❑ ) as directed by the pretrial services office or supervising officer; or
+
+( ❑ ) (ii) Home Detention. You are restricted to your residence at all times except for employment; education; religious services; medico substance abuse, or mental health treatment attorney visits; cowl appearances; cowl-ordered obligations; or other activitk approved in advance by the pretrial services office or supervising officer; or
+
+( ❑ ) (iii) Home Incarceration. You are restricted to 24-hour-a-day lock-down at your residence except for medical necessities and court appearances or other activities specifically approved by the court.
+
+( ❑ ) (q) submit to location monitoring as directed by the pretrial services office or supervising officer and comply with all of the program requirements and instructions provided.
+
+(O ) You must pay all or pan of the cost of the program based on your ability to pay as determined by the pretrial services office or supervising officer.
+
+( ❑ ) (r) report as soon as possible, to the pretrial services office or supervising officer, every contact with law enforcement personnel, including arrests, questioning, or traffic stops.
+
+# ADDITIONAL CONDITIONS OF RELEASE
+
+(C81) (4 \$100,000 Personal Recognizance Bond; To be co-signed by 2 financially responsible persons; Travel restricted to Southern and Eastern District of New York, and District of New Jersey; Surrender travel documents and no new applications; Pretrial supervision as directed by Pretrial Services; Defendant no to possess firearm, destructive device, and other weapon; Defendant to be released on own signature; Remaining conditions to be met by 11/26/2019; No excessive use of alcohol; No contact with co-defendant unless in the presence of counsel.
+
+# ADVICE OF PENALTIES AND SANCTIONS
+
+TO THE DEFENDANT: Michael
+
+YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:
+
+19 CR 830 (AT)
+
+Violating any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a revocation of your release, an order of detention, a forfeiture of any bond, and a prosecution for contempt of court and could result in imprisonment, a fine, or both.
+
+While on release, if you commit a federal felony offense the punishment is an additional prison term of not more than ten years
+
+and for a federal misdemeanor offense the punishment is an additional prison term of not more than one year. This sentence will be consecutive (Le., in addition to) to any other sentence you receive.
+
+It is a crime punishable by up to ten years in prison, and a \$250,000 fine, or both, to: obstruct a criminal investigation; tamper with a witness, victim, or informant; retaliate or attempt to retaliate against a witness, victim, or informant; or intimidate or attempt to intimidate a witness, victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or intimidation are significantly more serious if they involve a killing or attempted killing.
+
+If, after release, you knowingly fail to appear as the conditions of release require, or to surrender to serve a sentence, you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of:
+
+- (I) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more you will be fined not more than \$250,000 or imprisoned for not more than 10 years, or both;
+- (2) an offense punishable by imprisonment for a tenn of five years or more, but less than fifteen years you will be fined not more than \$250,000 or imprisoned for not more than five years, or both;
+- (3) any other felony you will be fined not more than \$250,000 or imprisoned not more than two years, or both;
+- (4) a misdemeanor you will be fined not more than \$I00,000 or imprisoned not more than one year, or both.
+
+A term of imprisonment imposed for failure to appear or surrender will be consecutive to any other sentence you receive. In addition, a failure to appear or surrender may result in the forfeiture of any bond posted.
+
+# Acknowledgment of the Defendant
+
+I acknowledge that I am the defendant in this case and that I am aware of the conditions of release. I promise to obey all conditions of release, to appear as directed, and surrender to serve any sentence imposed. I am aware of the penalties and sanctions set forth above.
+
+ti
+
+-
+
+Dilenclant's Smokers
+
+City and Stale
+
+# Directions to the United States Marshal
+
+( ❑ ) The defendant is ORDERED released after processing. ( ❑ ) The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judge that the defendant has posted bond and/or complied with all other conditions for release. If still in custody, the defendant must be produced before the appropriate judge at the time and place specified.
+
+Date: 11/19/2019
+
+Judicial Officef's Stumm
+
+DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICE U.S. ATTORNEY U.S. MARSHAL
+
+![](_page_8_Figure_107.jpeg)
+
+AUSA Nicolas Roos
+
+DEF.'S COUNSEL Montel Fiegrins
+
+ RETAINED  FEDERAL DEFENDERS  CJA  PRESENTMENT ONLY
+
+ INTERPRETER NEEDED
+
+ DEFENDANT WAIVES PRETRIAL REPORT
+
+ Rule 5  Rule 9  Rule 5(c)(3)  Detention Hrg.
+
+DATE OF ARREST 11/19/2019
+
+ VOL. SURR.
+
+TIME OF ARREST \_\_\_\_\_
+
+ ON WRIT
+
+ Other: \_\_\_\_\_
+
+TIME OF PRESENTMENT \_\_\_\_\_
+
+BAIL DISPOSITION
+
+ DETENTION ON CONSENT W/O PREJUDICE
+
+ DETENTION: RISK OF FLIGHT/DANGER
+
+ SEE SEP. ORDER
+
+ DETENTION HEARING SCHEDULED FOR:
+
+ AGREED CONDITIONS OF RELEASE
+
+ DEF. RELEASED ON OWN RECOGNIZANCE
+
+ \$100,000 PRB  2 FRP
+
+ SECURED BY \$ \_\_\_\_\_ CASH/PROPERTY:
+
+ TRAVEL RESTRICTED TO SDNY/EDNY/District of New Jersey
+
+ TEMPORARY ADDITIONAL TRAVEL UPON CONSENT OF AUSA & APPROVAL OF PRETRIAL SERVICES
+
+ SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS)
+
+ PRETRIAL SUPERVISION:  REGULAR  STRICT  AS DIRECTED BY PRETRIAL SERVICES
+
+ DRUG TESTING/TREATMT AS DIRECTED BY PTS  MENTAL HEALTH EVAL/TREATMT AS DIRECTED BY PTS
+
+ DEF. TO SUBMIT TO URINALYSIS; IF POSITIVE, ADD CONDITION OF DRUG TESTING/TREATMENT
+
+ HOME INCARCERATION  HOME DETENTION  CURFEW  ELECTRONIC MONITORING  GPS
+
+ DEF. TO PAY ALL OF PART OF COST OF LOCATION MONITORING, AS DETERMINED BY PRETRIAL SERVICES
+
+ DEF. TO CONTINUE OR SEEK EMPLOYMENT [OR]  DEF. TO CONTINUE OR START EDUCATION PROGRAM
+
+ DEF. NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON
+
+ DEF. TO BE DETAINED UNTIL ALL CONDITIONS ARE MET
+
+ DEF. TO BE RELEASED ON OWN SIGNATURE, PLUS THE FOLLOWING CONDITIONS:
+
+; REMAINING CONDITIONS TO BE MET BY: 11/26/19
+
+ADDITIONAL CONDITIONS/ADDITIONAL PROCEEDINGS/COMMENTS:
+
+*No unlessive use of alcohol.  
+No contact with co-dependent unless in the presence of counsel.*
+
+ DEF. ARRAIGNED; PLEADS NOT GUILTY
+
+ CONFERENCE BEFORE D.J. ON 11/25/2019
+
+ DEF. WAIVES INDICTMENT
+
+ SPEEDY TRIAL TIME EXCLUDED UNDER 18 U.S.C. § 3161(h)(7) UNTIL 11/25/2019
+
+For Rule 5(c)(3) Cases:
+
+ IDENTITY HEARING WAIVED
+
+ DEFENDANT TO BE REMOVED
+
+ PRELIMINARY HEARING IN SDNY WAIVED
+
+ CONTROL DATE FOR REMOVAL: \_\_\_\_\_
+
+PRELIMINARY HEARING DATE: 11/19/2019
+
+ ON DEFENDANT'S CONSENT

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marker2/court-us-v-noel/EFTA02845770/EFTA02845770.md

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+# UNITED STATES DISTRICT COURT
+
+for the
+
+Southern District of New York
+
+United States of America
+
+V.
+
+TOVA NOEL
+
+Defendant
+
+19 CR 830
+
+# APPEARANCE BOND
+
+ORIGLNAI
+
+# Defendant's Agreement
+
+TOVA NOEL (defimdant), agree to follow every order of this court, or any court that considers this case, and I further agree that this bond may be forfeited if I fail:
+
+( 0 ) to appear for court proceedings; ) if convicted, to surrender to serve a sentence that the court may impose; or ( ) to comply with all conditions set forth in the Order Setting Conditions of Release.
+
+# Type of Bond
+
+( ) (I) This is a personal recognizance bond.
+
+( X ) (2) This is an unsecured bond of \$ 100,000 PRB
+
+( ❑ ) (3) This is a secured bond of \$ , secured by:
+
+( ❑ ) \$ , in cash deposited with the court.
+
+( ❑ ) (b) the agreement of the defendant and each surety to forfeit the following cash or other property (describe the cash or other property, including claims on It —such as a lien, mortgage, or loan — and attach proof of ownership and value):
+
+If this bond is secured by real property, documents to protect the secured interest may be filed of record.
+
+( ❑ ) (c) a bail bond with a solvent surety (attach a copy of the bail bond, or describe it and den\* the sure0):
+
+# Forfeiture or Release of the Bond
+
+Forfeiture of the Bond. This appearance bond may be forfeited if the defendant does not comply with the above agreement. The court may immediately order the amount of the bond surrendered to the United States, including the security for the bond, if the defendant does not comply with the agreement. At the request of the United States, the court may order a judgment of forfeiture against the defendant and each surety for the entire amount of the bond, including interest and costs.
+
+AO 98 (Rev. 12/I I ) Appearance Bond
+
+Release of the Bond. The court may order this appearance bond ended at any time. This bond will be satisfied and the security will be released when either: (1) the defendant is found not guilty on all charges, or (2) the defendant reports to serve a sentence.
+
+# Declarations
+
+Ownership of the Property. I, the defendant — and each surety — declare under penalty of perjury that:
+
+- (1) all owners of the property securing this appearance bond are included on the bond;
+- (2) the property is not subject to claims, except as described above; and
+- (3) I will not sell the property, allow further claims to be made against it, or do anything to reduce its value while this appearance bond is in effect.
+
+Acceptance. I, the defendant — and each surety — have read this appearance bond and have either read all the conditions of release set by the court or had them explained to me. I agree to this Appearance Bond.
+
+I, the defendant - and each surety — declare under penalty of perjury that this information is true. (See 28 U.S.C.§ 1746.)
+
+Date: 11/19/2019
+
+.2) TOVA NOEL
+
+SYLVIA EPHRAIM .4, ..544 \Kx.),N-:\
+
+Surety/Property owner — Suretylproperly owner signature and dale
+
+Surety/property owner— Surety/property owner —signature and date
+
+Date: 11/19/2019
+
+Surety/property owner — Surety/property owner — signature and date
+
+Approved.
+
+Date: 11/19/2019
+
+CLERK OF COURT Signature of 41erk or Deputy Clerk -
+
+1W1ACCO' MAN ROOS
+
+# UNITED STATES DISTRICT COURT
+
+for the
+
+Southern District of New York
+
+United States of America <sup>v</sup>.
+
+TOVA NOEL
+
+Defendant
+
+19 CR 830 (AT)
+
+# ORDER SETTING CONDITIONS OF RELEASE
+
+IT IS ORDERED that the defendant's release is subject to these conditions:
+
+The defendant must not violate federal, state, or local law while on release. The defendant must cooperate in the collection of a DNA sample if it is authorized by 42 U.S.C. § 14135a. The defendant must advise the court or the pretrial services office or supervising officer in writing before making any change of residence or telephone number. The defendant must appear in court as required and, if convicted, must surrender as directed to serve a sentence that the court may impose.
+
+The defendant must appear at: Place
+
+on Date and Time
+
+If blank, defendant wilt be notified of next appearance.
+
+- (5) The defendant must sign an Appearance Bond, if ordered.
+
+# ADDITIONAL CONDITIONS OF RELEASE
+
+rr IS FURTHER ORDERED that the defendant's release is subject to the conditions marked below:
+
+( ❑ ) (6) The defendant is placed in the custody of:
+
+Person or organization
+
+Address (only (/above is on organisation)
+
+City and state TeL No.
+
+who agrees to (a) supervise the defendant, (b) use every effort to assure the defendant's appearance at all court proceedings, and (c) notify the court immediately if the defendant violates a condition of release or is no longer in the custodian's custody.
+
+Signed:
+
+Custodian
+
+(CD) (7) The defendant must:
+
+( X ) (a) submit to supervision by and report for supervision to the PRETRIAL SUPERVISION AS DIRECTED BY PTS
+
+telephone number , no later than
+
+( ) (b) continue or actively seek employment.
+
+(O ) (c) continue or start an education program.
+
+( ) (d) surrender any passport to: PSA (& NO NEW APPLICATIONS)
+
+( X ) (e) not obtain a passport or other international travel document
+
+( X ) (f) abide by the following restrictions on personal association, residence, or travel: SDNY/EDNY; DNJ & EASTERN DISTRICT OF PENNSYLVANIA
+
+(O ) (g) avoid all contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution, including:
+
+( X ) (1) get medical or psychiatric treatment: MENTAL HEALTH EVALUATION/TREATMENT
+
+- (O) (i) retum to custody each or the following purposes: at o'clock after being released at o'clock for employment, schooling,
+
+( ❑ ) 0) maintain residence at a halfway house or community corrections center, as the pretrial services office or supervising officer considers DCOSSItly.
+
+( X ) (k) not possess a firearm, destructive device, or other weapon.
+
+(O ) 0) not use alcohol ( ❑ ) at all ( ❑ ) excessively.
+
+(O ) (m) not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. \$ 802, unless prescribed by a licensed medical practitioner.
+
+( ) (n) submit to testing for a prohibited substance if required by the pretrial services office or supervising officer. Testing may be used with random frequency and may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy of prohibited substance screening or testing.
+
+( ) (o) participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office or supervising officer.
+
+( ) (p) participate in one of the following location restriction programs and corn ly with its requirements as directed.
+
+( ❑ ) (i) Curfew. You are restricted to your residence every day ( ) from to , or ( ❑ ) as directed by the pretrial services office or supervising officer, or
+
+( ❑ ) (ii) Home Detention. You are restricted to your residence at all times except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court•ordered obligations; or other activities approved in advance by the pretrial services office or supervising officer, or
+
+(O ) (iii) Home Incarceration. You are restricted to 24-hour-a-day lock-down at your residence except for medical necessities and court appearances or other activities specifically approved by the court.
+
+( ❑ ) (q) submit to location monitoring as directed by the pretrial services office or supervising officer and comply with all of the program requirements and instructions provided.
+
+(O ) You must pay all or part of the cost of the program based on your ability to pay as determined by the pretrial services office or supervising officer.
+
+report as soon as possible, to the pretrial services office or supervising officer, every contact with law enforcement personnel, including arrests, questioning, or traffic stops. (El )
+
+# ADDITIONAL CONDITIONS OF RELEASE
+
+PRB TO BE CO-SIGNED BY 2 FINANCIALLY RESPONSIBLE PERSONS; TRAVEL LIMITED TO SDNY/EDNY; DISTRICT OF NEW JERSEY & EASTERN DISTRICT OF PENNSYLVANIA; SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS); PRETRIAL SUPERVISION AS DIRECTED BY PTS; MENTAL HEALTH EVALUATION/TREATMENT AS DIRECTED BY PTS; DEFT NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON; DEFT TO BE RELEASED ON OWN SIGNATURE; REMAINING CONDITIONS TO BE MET BY 11126/2019; NO CONTACT WITH CO-DEFENDANT UNLESS IN THE PRESENCE OFCOUNSEL
+
+# ADVICE OF PENALTIES AND SANCTIONS
+
+TO THE DEFENDANT: TOVA NOEL 19 CR 830 (AT)
+
+YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:
+
+11/19/2019
+
+Violating any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, <sup>a</sup> revocation of your release, an order of detention, aforfeiture of any bond, and a prosecution for contempt of cote and could result in imprisonment, afine, or both.
+
+While on release, if you commit a federal felony offense the punishment is an additional prison term of not more than ten years
+
+and for a federal misdemeanor offense the punishment is an additional prison term of not more than one year. This sentence will be consecutive (I.e., in addition to) to any other sentence you receive.
+
+It is a crime punishable by up to ten years in prison, and a \$250,000 fine, or both, to: obstruct a criminal investigation; tamper with a witness, victim, or informant; retaliate or attempt to retaliate against a witness, victim, or informant; or intimidate or attempt to intimidate a witness, victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or intimidation are significantly more serious if they involve a killing or attempted killing.
+
+If, after release, you knowingly fail to appear as the conditions of release require, or to surrender to serve <sup>a</sup>sentence, you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of:
+
+- (1) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more you will be fined not more than \$250,000 or imprisoned for not more than 10 years, or both;
+- (2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years you will be fined not more than \$250,000 or imprisoned for not more than five years, or both;
+- (3) any other felony you will be fined not more than \$250,000 or imprisoned not more than two years, or both;
+- (4) amisdemeanor you will be fined not more than \$100,000 or imprisoned not more than one year, or both.
+
+<sup>A</sup>term of imprisonment imposed for failure to appear or surrender will be consecutive to any other sentence you receive. In addition, afailure to appear or surrender may result in the forfeiture of any bond posted.
+
+### Acknowledgment of the Defendant
+
+<sup>I</sup>acknowledge that I am the defendant in this case and that I am aware of the conditions of release. I promise to obey all conditions of release, to appear as directed, and surrender to serve any sentence imposed. I am aware of the penalties and sanctions set forth above.
+
+<sup>n</sup>a<sup>h</sup> <sup>n</sup> edirrr....1. PeProntal itilivg'41k6i&irdia itat tiatiu
+
+TOVA NOEL-
+
+Cly and Stale
+
+### Directions to the United States Marshal
+
+( 0 ) The defendant is ORDERED released after processing. ( 0) The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judge that the defendant has posted bond and/or complied with all other conditions for release. If still in custody, the defendant must be produced before the appropriate judge at the time and place specified.
+
+Date:
+
+Judicial Officer's Signature
+
+Printed name and fide
+
+DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICE U.S. ATTORNEY U.S. MARSHAL
+
+![](_page_6_Figure_15.jpeg)
+
+*DAG*  
+*EDJN*
+
+DOCKET No. 19 Cr 830 (AT) DEFENDANT Tova Noel
+
+AUSA Nicolas Roos DEF.'S COUNSEL James E. Fov
+
+0 RETAINED O FEDERAL DEFENDERS O CIA O PRESENTMENT ONLY
+
+O INTERPRETER NEEDED
+
+O DEFENDANT WAIVES PRETRIAL REPORT
+
+<sup>O</sup>Rule 5 O Rule 9 O Rule 5(eX3) O Detention Hrg. DATE OF ARREST 11/19/2019 0 VOL SURR.
+
+TIME OF ARREST ❑ ON WRIT
+
+<sup>O</sup>Other: TIME OF PRESENTMENT
+
+#### !TAIL DISPOSITION
+
+O SEE SEP. ORDER
+
+❑ DETENTION ON CONSENT W/O PREJUDICE O DETENTION: RISK OF FLIGHT/DANGER O SEE TRANSCRIPT
+
+O DETENTION HEARING SCHEDULED FOR:
+
+O AGREED CONDITIONS OF RELEASE
+
+O DEF. RELEASED ON OWN RECOGNIZANCE
+
+03100.000 PRB 02 FRP
+
+O SECURED BY S CASH/PROPERTY:
+
+IZI TRAVEL RESTRICTED TO SDNY/EDNY/District of New Jersev. EasternDlagrict of Pennsylvania
+
+❑ TEMPORARY ADDITIONAL TRAVEL UPON CONSENT OF AUSA & APPROVAL OF PRETRIAL SERVICES
+
+<sup>0</sup>SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS)
+
+<sup>0</sup>PRETRIAL SUPERVISION: O REGULAR O STRICT 0 AS DIRECTED BY PRETRIAL SERVICES
+
+<sup>O</sup>DRUG TESTING/TREATMT AS DIRECTED BY PTS 0 MENTAL HEALTH EVALtTREATMT AS DIRECTED BY PTS
+
+❑ DEF. TO SUBMIT TO URINALYSIS; IP POSITIVE, ADD CONDITION OF DRUG TESTING/TREATMENT
+
+❑ HOME INCARCERATION O HOME DETENTION O CURFEW O ELECTRONIC MONITORING O GPS
+
+<sup>O</sup>DEF. TO PAY ALL OF PART OF COST OF LOCATION MONITORING, AS DETERMINED BY PRETRIAL SERVICES
+
+<sup>O</sup>DEF. TO CONTINUE OR SEEK EMPLOYMENT [OR] O DEF. TO CONTINUE OR START EDUCATION PROGRAM
+
+<sup>0</sup>DEF. NOT TO POSSESS FIREAMDESTRUCTIVE DEVICEIOT'HER WEAPON lar--.To BB DETAINED UNTIL ALL CONDITIONS ARE MET
+
+FF. TO BE RELEASED ON OWN SIGNATURE, PLUS THE FOLLOWING CONDITIONS:
+
+• REMAINING CONDITIONS TO BE MET BY: t t Lelel l<sup>1</sup>
+
+# ADDITIONAL CONDITIONS/ADDITIONAL PROCEEDINGS/COMMENTS:
+
+loo Lot/IA-tu•t- kAM<sup>44</sup> <sup>d</sup>t vt,s netAk- vAA/Lar ivl O. 644A-Ste fAitt, ilhAtscv-ce-
+
+<sup>0</sup>DEF. ARRAIGNED; PLEADS NOT GUILTY 0 CONFERENCE BEFORE DJ. ON 11/252019
+
+CI DEF. WAIVES INDICTMENT
+
+<sup>0</sup>SPEEDY TRIAL TIME EXCLUDED UNDER 18 U.S.C. § 3161(hX7) UNTIL J1/25/2019
+
+for Rule 5(c)(3) Casts:
+
+O 'Damn HEARING WAIVED
+
+<sup>O</sup>pRELIN0NARY HEARING IN SDNY WAIVED
+
+O DEFENDANT TO BE REMOVED
+
+O CONTROL DATE FOR REMOVAL:
+
+PRELIMINARY HEARING DATE: O ON DEFENDANT'S CONSENT

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marker2/court-us-v-noel/EFTA02845778/EFTA02845778.md

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+UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA,
+
+-against-
+
+TOVA NOEL and MICHAEL
+
+Defendants.
+
+ANALISA District Judge:
+
+USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 11/25/2019
+
+19 Cr. 830 (AT)
+
+ORDER
+
+It is hereby ORDERED that the conditions of Defendant Tova Noel's pretrial release shall be modified as follows: travel is permitted to the Middle District of Pennsylvania.
+
+SO ORDERED.
+
+Dated: November 25, 2019 New York, New York
+
+> ANALISA United States District Judge

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marker2/court-us-v-noel/EFTA02845779/EFTA02845779.md

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+UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA,
+
+-against-
+
+TOVA NOEL and MICHAEL
+
+Defendants.
+
+USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 11/25/2019
+
+19 Cr. 830 (AT)
+
+ORDER
+
+ANALISA District Judge:
+
+It is hereby ORDERED that the conditions of Defendant Michael pretrial release shall be modified as follows: the time by which two financially responsible persons must co-sign Mr. IM personal recognizance bond is extended to December 3, 2019.
+
+SO ORDERED.
+
+Dated: November 25, 2019 New York, New York
+
+> ANALISA United States District Judge

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marker2/court-us-v-noel/EFTA02845780/EFTA02845780.md

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+LAW OFFICES OF MONTELL FIGGINS, LLC Montell Figgins, Esq., Attorney ID#: 036912003 17 Academy St., Suite 305 Newark, New Jersey 07102 T: (973) 242 — 4700 F: (973) 242 — 4701 Attorneys for Defendant
+
+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+UNITED STATES OF AMERICA
+
+Plaintiff,
+
+v. Case No.: I:19-cr-830
+
+MICHAEL
+
+Defendant. NOTICE OF APPEARANCE
+
+To: The Clerk of the Court and all parties of record
+
+Notice is hereby given of the entry of the undersigned as counsel for the Defendant, MICHAEL in the above-entitled action and request that copies of all papers in this action be served upon the undersigned.
+
+> Montell Figgins, Esq. Law Offices of Montell Figgins, LLC 17 Academy Street, Suite 305 Newark, New Jersey 07102
+
+Dated: November 26, 2019
+
+Respectfully submitted,
+
+/s/Montell Figgins Montell Figgins, Esq. Law Offices of Montell Figgins

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marker2/court-us-v-noel/EFTA02845781/EFTA02845781.md

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+UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+x
+
+UNITED STATES OF AMERICA PROTECTIVE ORDER
+
+19 Cr. 830 (AT)
+
+TOVA NOEL and MICHAEL
+
+Defendants.
+
+x
+
+On the motion of the United States of America, by the United States Attorney for the Southern District of New York, Geoffrey S. Berman, by Assistant United States Attorneys Rebekah Donaleski, Nicolas Roos, and Jessica Lonergan; and with the consent of TOVA NOEL and MICHAEL , the defendants, by and through their respective counsel of record:
+
+WHEREAS, TOVA NOEL and MICHAEL , the defendants, have certain rights under the United States Constitution, federal statutes, and the Federal Rules of Criminal Procedure, to pretrial discovery;
+
+WHEREAS, the Government recognizes its obligation to provide such discovery materials to the defendants, consistent with the need to protect the confidentiality of ongoing investigations and the confidentiality interests of others;
+
+WHEREAS, the discovery that the Government intends to provide to the defendants contain materials that, if disseminated to third parties, could, among other things, impede ongoing investigations and implicate the privacy and confidentiality interests of third parties;
+
+WHEREAS, the Government has demonstrated good cause for the relief set forth herein;
+
+WHEREAS, TOVA NOEL and MICHAEL , the defendants, by and through their respective counsel of record, consent to the entry of this Order;
+
+NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to Federal Rule of Criminal Procedure 16(d):
+
+1. Discovery materials designated as "Protected Materials" by the Government may be used by the defendants, their respective counsel of record, and their respective counsel of record's agents (collectively, the "Defense") only for purposes of defending the charges, in connection with any sentencing, and pursuing any appeals, in relation to this criminal action.
+
+2. The Protected Materials and the information contained or disclosed therein:
+
+a. Shall not be disclosed in any form by the Defense to any third party except as set forth in paragraphs 2(b), 3, and 4 below;
+
+b. May be disclosed to third parties only by the defendants' respective counsel of record and only to the following persons (collectively, "Designated Persons"):
+
+i. investigative, secretarial, clerical, paralegal and student personnel employed full-time or part-time by the defendants' respective counsel of record and who are actually participating in the legal defense of this action;
+
+ii. independent expert witnesses, jury consultants, document hosting personnel, or investigators retained by the defendants in connection with this action;
+
+iii. such other persons as hereafter may be authorized by the Court upon a motion by the defendants; and
+
+iv. Shall be destroyed or returned to the Government following the conclusion of this case, including after any appeals.
+
+3. The Defense may show (but not otherwise provide) the Protected Materials to fact witnesses ("Fact Witnesses") interviewed by the defendants' respective counsel of record or by the Designated Persons in the course of investigating this action.
+
+4. The Defense shall provide a copy of this Order to Designated Persons to whom materials subject to the protections of this Order are disclosed pursuant to paragraph 2(b), or Fact Witnesses to whom materials subject to the protections of this Order are shown pursuant to paragraph (3). Designated Persons and Fact Witnesses shall be subject to the terms of this Order.
+
+5. With respect to any discovery material designated as Protected Materials that the Defense intends to file publicly or to specifically describe in a public filing, the defendant making the filing must either (i) file the discovery material under seal, or (ii) provide reasonable notice to the Government to permit the parties to confer on the proper treatment of the discovery material. If the parties are unable to reach agreement as to whether redactions to the public filings are warranted, or to the extent of such redactions, the parties will seek Court resolution before the document is publicly filed or specifically described in a public filing.
+
+6. Any disputes regarding the designation of discovery material as Protected Materials, or any other dispute concerning this Order, which cannot be resolved among the parties, will be brought to the Court for a ruling before any public disclosure not permitted by this Order is made.
+
+Dated: New York, New York December , 2019
+
+SO ORDERED:
+
+THE HONORABLE ANALISA UNITED STATES DISTRICT JUDGE

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marker2/court-us-v-noel/EFTA02845786/EFTA02845786.md

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+![](_page_0_Picture_1.jpeg)
+
+United States Attorney Southern District of New York
+
+The Silvio J. Mollo Building One Saint Andrews Plaza New York. New York 10007
+
+December 16, 2019
+
+## BY ECF
+
+The Honorable Analisa United States District Judge Southern District of New York 500 Pearl Street New York, New York 10007
+
+Re: United States v. Noel and 19 Cr. 830 (AT)
+
+Dear Judge
+
+The Government writes, with the consent of defense counsel, to enclose a proposed protective order for the Court's review and endorsement.
+
+Respectfully submitted,
+
+GEOFFREY S. BERMAN United States Attorney for the Southern District of New York
+
+By: /5/ Rebekah Donaleski Nicolas Roos Jessica Lonergan Assistant United States Attorneys (212) 637-2423/2421/1038
+
+cc: Defense Counsel (by ECF)

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marker2/court-us-v-noel/EFTA02845787/EFTA02845787.md

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+UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x
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+UNITED STATES OF AMERICA,
+
+v.
+
+TOVA NOEL, MICHAEL \$
+
+Defendants.
+
+Before:
+
+x
+
+19 CR 830 (AT)(SN)
+
+New York, N.Y. November 19, 2019 3:54 p.m.
+
+HON. SARAH NETBURN,
+
+Magistrate Judge
+
+APPEARANCES
+
+GEOFFREY S. BERMAN, United States Attorney for the Southern District of New York NICOLAS ROOS REBEKAH DONALESKI Assistant United States Attorneys
+
+JASON FOY Attorney for Defendant Noel
+
+MONTEL FIGGINS Attorney for Defendant
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+(Case called)
+
+MR. ROOS: Good afternoon, your Honor. Nicolas Roos and Rebekah Donaleski for the United States.
+
+THE COURT: Thank you.
+
+MR. FOY: May it please the Court, your Honor, my name is Jason Foy, attorney for Ms. Tovah Noel, standing to my left. Good afternoon, your Honor.
+
+THE COURT: Good afternoon. Thank you. Good afternoon.
+
+MR. FIGGINS: Good afternoon, your Honor. Montel Figgins, from the Law Offices of Montel Figgins, on behalf of Michael , who's standing to my left.
+
+THE COURT: Thank you. Good afternoon to all of you. My name is Judge Netburn.
+
+Can I have the date and time of the defendants' arrests?
+
+MR. ROOS: Both defendants self-surrendered to the FBI this morning at approximately 10:00 a.m.
+
+THE COURT: Thank you.
+
+The purpose of today's proceeding is to advise you of certain rights that you have, inform you of the charges against you, consider whether counsel shall be appointed for you, and decide under what conditions, if any, you shall be released.
+
+I'm now going to explain certain constitutional rights that you have.
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+You have the right to remain silent. You are not required to make any statements. Even if you have already made statements to the authorities, you need not make any further statements. Any statements that you do make can be used against you.
+
+You have the right to be released, either conditionally or unconditionally, pending trial unless I find that there are no conditions that would reasonably assure your presence in court or the safety of the community.
+
+You have the right to be represented by an attorney during all court proceedings, including this one and during all questioning by the authorities.
+
+If you cannot afford an attorney, I will appoint one to represent you. I understand that each of you has retained private counsel. If at any point in time you run out of money and you are unable to afford counsel, you can petition the Court to appoint counsel at the government's expense and at no cost to you.
+
+You both have been charged in a six-count indictment, and I will just state that I understand that Judge has referred this not just for presentment but also for arraignment.
+
+MR. ROOS: That's correct, your Honor.
+
+THE COURT: The defendants have both been charged in a six-count indictment.
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+Count One charges the defendants with conspiracy in violation of Title 18 of United States Code, Section 371. And Counts Two through Six each charge an individual act of false records in violation of Title 18, United States Code, Sections 1001(a)(3) and (2).
+
+Let me ask, Ms. Noel, have you received a copy of this indictment?
+
+DEFENDANT NOEL: Yes, your Honor.
+
+THE COURT: Have you had an opportunity to review it and discuss the charges with your lawyer?
+
+DEFENDANT NOEL: Yes, your Honor.
+
+THE COURT: Would you like me to read the indictment to you in open court?
+
+DEFENDANT NOEL: No, thank you.
+
+THE COURT: How do you plead to the charges?
+
+DEFENDANT NOEL: Not guilty.
+
+THE COURT: Thank you.
+
+DEFENDANT NOEL: You're welcome.
+
+THE COURT: Mr. I'm going to ask you the same questions.
+
+Have you received a copy of the indictment?
+
+DEFENDANT : Yes, your Honor.
+
+THE COURT: Have you had an opportunity to read the indictment and discuss the charges with your lawyer?
+
+DEFENDANT : Yes, your Honor.
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+THE COURT: Would you like me to read the indictment to you in open court?
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+DEFENDANT : No, your Honor.
+
+THE COURT: How do you plead to the charges?
+
+DEFENDANT : Not guilty, your Honor.
+
+THE COURT: Thank you. Be seated.
+
+Have the parties discussed an appropriate bail package?
+
+MR. ROOS: Yes, your Honor.
+
+THE COURT: Shall we begin with Ms. Noel?
+
+MR. ROOS: Certainly, your Honor. I actually think the bail packages are nearly identical with the exception of one or two conditions that are set forth in the pretrial services report, so maybe I'll first give your Honor all of the conditions that are the same for each of the defendants and I will note the variation at the end.
+
+For both defendants, it's \$100,000 bond, secured by two financially responsible persons and their own signature; pretrial supervision, as directed; surrender of travel documents, and no new applications; no contact with codefendants; surrender of firearms.
+
+For travel restrictions, for Defendant , it will be Southern District of New York, Eastern District of New York, and the District of New Jersey.
+
+And for Defendant Noel, it will be Southern District
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+of New York, Eastern District of New York, District of New Jersey, and the Eastern District of Pennsylvania.
+
+And then the special conditions that are set forth in the pretrial reports, it's condition number 4, relating to use of alcohol for Defendant and condition 7 for Defendant Noel, which relates to mental health evaluation and treatment as directed by pretrial services.
+
+And, finally, your Honor, that they be both released today on their own signature.
+
+THE COURT: And how long do the parties propose to satisfy the balance of the conditions?
+
+MR. ROOS: A week is appropriate, your Honor, for the two cosigners.
+
+THE COURT: Any objection from defendants?
+
+MR. FIGGINS: No, your Honor.
+
+MR. FOY: There is one.
+
+THE COURT: Okay.
+
+MR. FOY: Before today's proceedings, we did have an agreement on the terms of release. And, of course, as part of that process, pretrial services is involved and they're not necessarily privy to the terms of our agreement. And I understand that we've added some things that were not part of the agreement, and I'm fine with that. But there's one condition I'm not fine with and I'd like your Honor to consider.
+
+With regards to the surrender of firearm, I'm asking that your Honor not make that a requirement of her release. I ask that because - in this nonviolent allegation, in which no firearm was involved, with a history of having no criminal record of any kind or any history of violence - she, who legally possesses and has a permit for the firearm, should still be able to possess her firearm because she's not a convicted felon and someone who's not permitted to do so. She's --
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+THE COURT: Is that a duty firearm or personal use?
+
+MR. FOY: Personal.
+
+So that's the only issue that I have, because I think that at this time, to sacrifice that right that she legally has, and has complied with everything that it means to have that firearm, that she still be able to do so. I could imagine that there could be an argument about safety of others; however, there's nothing to really corroborate the fact that her continuing to possess her firearm, just like she has in the past, would actually endanger anyone. We voluntarily surrendered. We participated in a pretrial interview. There's just no reason for it, other than probably a policy that says that's what they would like to do.
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+Now, it's a meaningful one, I'm not saying that it's a bad thing, but under the unique circumstances here, in this case, in the history and type of case that it is, I'm asking
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+that that one condition be withheld and with all the other conditions being fine.
+
+THE COURT: Just so I understand your argument, you would like your client to retain her personal-use firearm because she otherwise has the right to do so? She doesn't need it for any particular reason?
+
+MR. FOY: Well, I suppose a person who has a firearm may feel that they need it for their self-protection. Now, I'm not suggesting that there's been some specific threat or anything, other than the world is crazy, but if she hasn't done anything improper with regards to that important right, it shouldn't be sacrificed now, at an arraignment, as a condition of her release, when she has fully cooperated with everything up until this point. We've been in communication with the government since August 14th, and communicated about her international travel since this investigation began. All we've done is comply and put the government on notice as to her whereabouts and what's going on. We've been completely cooperative in that respect.
+
+But when you talk about removing someone's personal firearm, that they legally possess in their home - she doesn't have a license to carry it anywhere, just in her home - unless there is a reason connected to the case, to the crime, that suggests that it could be in fact a danger to a third party or someone else, then, in that case, I would understand, but not
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+in this kind of case, which is an allegation about documents.
+
+THE COURT: Understood. Thank you.
+
+I have a few responses. The first is, although I greatly appreciate when the parties are able to reach agreement on the terms of a defendant's release, that agreement is meaningful to me but it's certainly not controlling. I ultimately decide how defendants should be released. And there have been occasions where I've disagreed with an agreement between the parties. So the fact that you and the government reached agreement on certain terms, the terms that will be imposed may be different than that agreement. It's simply, the way that court proceeds. And the fact of the agreement - while very helpful and I appreciate it, and it suggests that the parties are working well together - doesn't necessarily mean that those are the conditions that I'm going to impose.
+
+The second thing to say with respect to the issue of firearms is that it is in fact a policy. It's not a policy of the U.S. Attorney's Office; it's a policy of our pretrial service office, because they are going to be sending officers in to enforce the terms of your client's release, and, as you said yourself, the world is crazy, and they have safety concerns, which isn't to say that they have specific safety concerns about Ms. Noel. And, as you point out, this case is not a violent case and there are not allegations that your client has engaged in violence, either in connection with this
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+case or in her history, but I need to be concerned about sending law enforcement officers who work for the Court, who are going to be supervising your client, and it is for their safety that we impose that condition.
+
+So I am going to impose the condition. I am going to require your client to surrender her firearm. Both defendants will have to surrender their firearms and their permits so that they can't secure new firearms. That is a safety precaution that we undertake to protect our people who are going to be enforcing the terms of this release. It has nothing to do with the government per se.
+
+So with that, I will release the defendants today on their own signature and the posting of \$100,000 bond that needs to be secured by two financially responsible cosigners.
+
+You're going to report, each of you, to your pretrial officer, as directed.
+
+I believe you've surrendered your travel documents, your passports, and the like. If you haven't, you need to surrender your travel documents, and you're prohibited from making any new travel applications.
+
+Each of you is prohibited from having contact with the other, meaning your codefendant, except in the presence of counsel. As I just stated, each of you needs to surrender any firearms, both personal use and duty firearms, and the permits that authorize those, to pretrial.
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+With respect to travel for Mr. your travel will be restricted to the Southern District of New York, the Eastern District of New York, and the District of New Jersey.
+
+And for Ms. Noel, your travel will be restricted to the Southern and Eastern Districts of New York, the District of New Jersey and the Eastern District of Pennsylvania.
+
+In addition, I'm imposing the requirement for Mr. that he refrain from the excessive use of alcohol, and, for Ms. Noel, the requirement that she -- I'm going to give the authority to pretrial to determine whether or not a mental health evaluation or support is needed, but that will be at the direction of your pretrial services officer.
+
+Let me warn each of you that if you fail to appear in court or if you violate any of the conditions of your release, a warrant will be issued for your arrest, and you and anybody who cosigned the bond may be responsible for paying its full amount, which is \$100,000, and you will be charged with a separate crime of bail-jumping.
+
+In addition, if you commit an offense while you're on pretrial supervision, you may be subject to a more severe punishment than you would receive if you committed the very same offense at any other time.
+
+Has Judge set the next conference date?
+
+MR. ROOS: Yes, your Honor. The judge set it for November 25, 2019.
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+And the government would move to exclude time between today's date and that date so that the government may produce discovery and the defense may begin to review the discovery.
+
+THE COURT: Thank you.
+
+Any objections from defense counsel?
+
+MR. FOY: No, your Honor.
+
+MR. FIGGINS: No, Judge. I think there is just an issue of the timing of the court date. The time --
+
+THE COURT: You should just reach out to Judge deputy. I'm sure, if necessary, it can be rescheduled. For now, I'm going to exclude time, on defendants' consent, from today to November 25th.
+
+Anything further from either side?
+
+MR. ROOS: No, your Honor. Thank you.
+
+MR. FOY: No, thank you, your Honor.
+
+MR. FIGGINS: No, Judge. Thank you.
+
+THE COURT: Thank you, everybody.
+
+\* \* \*

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marker2/court-us-v-noel/EFTA02845799/EFTA02845799.md

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+## IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
+
+UNITED STATES OF AM
+
+USA / Plaintiff(s)
+
+Case No.: 19CR830
+
+TOVA NOEL ET AL.,
+
+Defendant(s)
+
+## NOTICE OF FILING OF OFFICIAL TRANSCRIPT
+
+Notice is hereby given that an official transcript of a )NFEREN( held on 11 /1 9/ 19 has been filed by the court reporter/transcriber in the above-captioned matter.
+
+Redaction responsibilities apply to the attorneys of record or pro se parties, even if the person requesting the transcript is a judge or a member of the public or media.
+
+The parties have seven (7) calendar days from the date of filing of this NOTICE to file with the court any NOTICE OF INTENT TO REQUEST REDACTION of this transcript. A copy of said NOTICE must also be served on the court reporter. If no such NOTICE is filed, the transcript may be made remotely electronically available to the public without redaction after ninety (90) calendar days.
+
+This process may only be used to redact the following personal data identifiers: Social Security numbers; dates of birth; minors' names; and financial account numbers. See Federal Rule of Civil Procedure 5.2, and Federal Rule of Criminal Procedure 49.1. Parties wishing to request redaction of other information may proceed by motion.
+
+I (we) certify that the foregoing is a correct transcript from the record of proceedings in the aboveentitled matter.
+
+/s ANDREW WA
+
+( 'OuI t Reporter/Transcriber Date

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marker2/court-us-v-noel/EFTA02845800/EFTA02845800.md

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+UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+x
+
+![](_page_0_Picture_4.jpeg)
+
+UNITED STATES OF AMERICA PROTECTIVE ORDER
+
+TOVA NOEL and MICHAEL
+
+Defendants.
+
+x
+
+19 Cr. 830 (AT)
+
+On the motion of the United States of America, by the United States Attorney for the Southern District of New York, Geoffrey S. Berman, by Assistant United States Attorneys Rebekah Donaleski, Nicolas Roos, and Jessica Lonergan; and with the consent of TOVA NOEL and MICHAEL , the defendants, by and through their respective counsel of record:
+
+WHEREAS, TOVA NOEL and MICHAEL , the defendants, have certain rights under the United States Constitution, federal statutes, and the Federal Rules of Criminal Procedure, to pretrial discovery;
+
+WHEREAS, the Government recognizes its obligation to provide such discovery materials to the defendants, consistent with the need to protect the confidentiality of ongoing investigations and the confidentiality interests of others;
+
+WHEREAS, the discovery that the Government intends to provide to the defendants contain materials that, if disseminated to third parties, could, among other things, impede ongoing investigations and implicate the privacy and confidentiality interests of third parties;
+
+WHEREAS, the Government has demonstrated good cause for the relief set forth herein;
+
+WHEREAS, TOVA NOEL and MICHAEL , the defendants, by and through their respective counsel of record, consent to the entry of this Order;
+
+NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to Federal Rule of Criminal Procedure 16(d):
+
+1. Discovery materials designated as "Protected Materials" by the Government may be used by the defendants, their respective counsel of record, and their respective counsel of record's agents (collectively, the "Defense") only for purposes of defending the charges, in connection with any sentencing, and pursuing any appeals, in relation to this criminal action.
+
+2. The Protected Materials and the information contained or disclosed therein:
+
+a. Shall not be disclosed in any form by the Defense to any third party except as set forth in paragraphs 2(b), 3, and 4 below;
+
+b. May be disclosed to third parties only by the defendants' respective counsel of record and only to the following persons (collectively, "Designated Persons"):
+
+i. investigative, secretarial, clerical, paralegal and student personnel employed full-time or part-time by the defendants' respective counsel of record and who are actually participating in the legal defense of this action;
+
+ii. independent expert witnesses, jury consultants, document hosting personnel, or investigators retained by the defendants in connection with this action;
+
+iii. such other persons as hereafter may be authorized by the Court upon a motion by the defendants; and
+
+iv. Shall be destroyed or returned to the Government following the conclusion of this case, including after any appeals.
+
+3. The Defense may show (but not otherwise provide) the Protected Materials to fact witnesses ("Fact Witnesses") interviewed by the defendants' respective counsel of record or by the Designated Persons in the course of investigating this action.
+
+4. The Defense shall provide a copy of this Order to Designated Persons to whom materials subject to the protections of this Order are disclosed pursuant to paragraph 2(b), or Fact Witnesses to whom materials subject to the protections of this Order are shown pursuant to paragraph (3). Designated Persons and Fact Witnesses shall be subject to the terms of this Order.
+
+5. With respect to any discovery material designated as Protected Materials that the Defense intends to file publicly or to specifically describe in a public filing, the defendant making the filing must either (i) file the discovery material under seal, or (ii) provide reasonable notice to the Government to permit the parties to confer on the proper treatment of the discovery material. If the parties are unable to reach agreement as to whether redactions to the public filings are warranted, or to the extent of such redactions, the parties will seek Court resolution before the document is publicly filed or specifically described in a public filing.
+
+6. Any disputes regarding the designation of discovery material as Protected Materials, or any other dispute concerning this Order, which cannot be resolved among the parties, will be brought to the Court for a ruling before any public disclosure not permitted by this Order is made.
+
+Dated: New York, New York December 16, 2019
+
+SO ORDERED:
+
+THE HONORABLE ANALISA UNITED STATES DISTRICT JUDGE

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marker2/court-us-v-noel/EFTA02845805/EFTA02845805.md

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+UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x
+
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+UNITED STATES OF AMERICA,
+
+v.
+
+TOVA NOEL and MICHAEL
+
+Defendants.
+
+Before:
+
+x
+
+HON. ANALISA
+
+## APPEARANCES
+
+GEOFFREY S. BERMAN
+
+United States Attorney for the Southern District of New York
+
+BY: REBEKAH A. DONALESKI
+
+NICOLAS T. ROOS Assistant United States Attorneys
+
+FOY & SEPLOWITZ LLC
+
+Attorneys for Defendant Noel
+
+BY: JASON E. FOY
+
+MONTEL FIGGINS
+
+Attorney for Defendant
+
+19 Cr. 830 (AT)
+
+Conference
+
+New York, N.Y. November 25, 2019 12:00 p.m.
+
+District Judge
+
+4 Would you make your appearances, please.
+
+5
+
+6
+
+7
+
+8
+
+9 THE DEFENDANT: Good afternoon, your Honor.
+
+10 11 12 MR. FIGGINS: Good afternoon, your Honor. Montel Figgins on behalf of Michael , who is presently in court, standing to my left.
+
+13 THE COURT: Please be seated.
+
+14 15 Has the prosecutor finished delivering discovery to the defendants?
+
+16 MS. DONALESKI: No, your Honor.
+
+17 18 19 20 21 The defendants self-surrendered last Tuesday, on November 19. They were presented and arraigned that day. We notified defense counsel we would begin producing discovery once a protective order is in place, and we will do so on a rolling basis.
+
+22 THE COURT: When do you expect to be finished?
+
+23 24 25 MS. DONALESKI: We anticipate that we'll need a month to complete production of the discovery currently in our possession.
+
+THE COURT: Good afternoon.
+
+We're here in the matter of United States v. Tova Noel and Michael
+
+MS. DONALESKI: Good afternoon, your Honor. Rebekah Donaleski and Nicolas Roos for the government.
+
+MR. FOY: My name is Jason Foy, attorney for Ms. Noel. Good afternoon, your Honor.
+
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+THE COURT: When do you expect the protective order to be in place?
+
+MS. DONALESKI: Your Honor, we'll provide a draft to defense counsel within the next day, and then depending on how long it takes for them to comment on it and the parties to reach a resolution, we'll provide it to the Court as expeditiously as possible, so it's my hope that that can happen within a week.
+
+THE COURT: All right. By the end of December, discovery should have been produced. Is that correct?
+
+MS. DONALESKI: That's fine, your Honor.
+
+THE COURT: It's not voluminous, is it?
+
+MS. DONALESKI: Your Honor, it will consist of hundreds of hours of video recording, so in that aspect it will be voluminous, but the paper records, the bank records will not be voluminous.
+
+THE COURT: All right. It doesn't seem that you would need more than a month to review the discovery so that by the end of January, you should have made decisions as to whether you're going to be filing motions. Correct?
+
+MR. FIGGINS: Your Honor, if I may?
+
+I also know that there's an ongoing inspector general's report. I don't have any idea as to the time frame, if and when that's going to be completed. i do believe that there would be some pertinent information, relevant information
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+in that report, so if we could get some -- if they have any idea as to when that's going to conclude, I do believe that that may have some impact in terms of information that we desire to have as well as I do believe that we're also going to be subpoenaing some documents as well. But I don't think we would need more than the end of January, presumably, to have an idea to convey to the Court where we are with respect to moving forward with motions.
+
+MS. DONALESKI: Your Honor, we'll provide the discovery in our possession to the defendants by the end of December. I don't know of a basis to hold up a criminal case based on a DOJ inspector general report, and I don't have a time line of when that will be completed.
+
+MR. FOY: Your Honor, I agree that by the end of January we should be in a position to assess what motions, if any, will be necessary. We'll also be in a position to determine whether there are any issues regard to discovery or additional information at that point.
+
+MR. FIGGINS: And your Honor --
+
+THE COURT: One moment, please.
+
+You'll return to court on January 30 at 11 a.m. that will be a control date -- and you'll let me know whether you expect to file motions.
+
+Now, with respect to a trial date, April 20.
+
+MR. FIGGINS: That's fine for us.
+
+MS. DONALESKI: That's fine for the government, your Honor.
+
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+THE COURT: How long do you expect the trial to last?
+
+MR. FOY: Your Honor, I would say it's fine. I mean, as it looks right now, but based on some of the things I'm anticipating, I don't know if that would be enough time and maybe we want to wait and see, because I need to see the discovery before I can say definitively that, yes, April 20 is an appropriate date. But for now certainly that would be fair.
+
+THE COURT: We're told that the discovery consists of video and documents. I don't understand why you can't anticipate whether you can go forward on the 20th.
+
+MR. FOY: Because I haven't seen what those documents are and what impact it might have on the defense of the case as well as my thoughts on some additional documents that may go beyond what they believe Rule 16 requires. I can imagine a situation where we feel that there's more to be provided than what the government provides. We're not there yet, so I'm not suggesting that it's definitely going to be an issue, but I did want to alert the Court early on of the possibility. But once I get the discovery, I'll be in a position to say more affirmatively.
+
+THE COURT: What else are you expecting?
+
+MR. FOY: You mean as far as discovery?
+
+THE COURT: You're talking in vague terms about
+
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+something else coming up, and I'd like to know what that is.
+
+MR. FOY: Well, your Honor, based on our view of the case, I believe there are outside circumstances that are driving this prosecution that may impact certain information that's available to us in the regular discovery.
+
+It's hard for me to say without seeing anything, so right now it's just kind of in my mind, and I don't want to mislead the Court to suggest it's all going to be finished in time for April 20. It may be, and that may be fine, but it's hard for me to say having not received or reviewed the discovery. I've only seen the indictment.
+
+I'm just alerting the Court. I'm not saying we can't do it, but I don't want to not say it when it's something that could potentially be an issue. I'm not saying we're trying to hold it up or slow down the pace unnecessarily, but I can see getting information that may impact on the defense in particular, Brady material in particular.
+
+THE COURT: Brady material?
+
+MR. FOY: Correct, but it's hard to say specifically without seeing the discovery.
+
+THE COURT: All right. You have not persuaded me. I'm setting the trial for April 20.
+
+How long do you expect the trial to go?
+
+MS. DONALESKI: Approximately a week, your Honor, for the government's case.
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+MR. FIGGINS: Your Honor, I would think it would probably be about five days on our case.
+
+And your Honor, I did want to ask the Court or we would like to at least get some type of idea with respect to the status of the inspector general's report. I do think that it's beyond relevant; it's an investigation into what happened here. There's going to be multiple details of information and interviews and statements and things of that nature regarding this particular case, so on and so forth. So I would ask at least the Court to see if we can get a time frame from the government if that report is going to be imminently due or what type of time frame we're looking at, because I do believe there are going to be would need that then maybe even a lot of relevant facts in that report, that we information. And then we would need time to investigate based on some of that information.
+
+that? THE COURT: Does the government know anything about
+
+MS. DONALESKI: Your Honor, I don't. And I'll just clarify that to the extent counsel's asking for a summary of the results of the criminal investigation, obviously we'll be turning over in discovery all of the underlying results of the criminal investigation. So I'm a little puzzled as to what defense counsel is saying that he needs. I don't have a time frame on the inspector general report, but the government will produce to the defense all of the relevant discovery materials
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+in this matter, which includes the Rule 16 materials relevant to the criminal charges that have been brought against the defendants.
+
+MR. FIGGINS: Your Honor, to be more specific, one of the issues here is going to be the conditions and the supervision and the policies that were upheld and advanced by the Bureau of Prisons. That is what the inspector general's report is investigating. That's very important information that's relevant to this case and relevant to the defense. I'm not saying we have to hold up our case forever, but we should at least get some type of idea as to the status of that report and when it's going to come out or when they're going to complete the actual report because I believe that there's going to be a lot of information that may be relevant to our defense, and it may not be specifically just about this particular investigation.
+
+There's been multiple information in the media now with respect to testimony by the head of the Bureau of Prisons, information released by the U.S. Attorney himself regarding this investigation with respect to this case, so I believe that we will need that information. If we're hearing that those people are making statements about that report with respect to this case, clearly there's going to be information and potentially statements and other information that we may need. So I think it's important that we at least try to get an idea
+
+of when that report may be completed.
+
+THE COURT: I'm putting the matter on for trial on the 20th of April. It's a firm date, and I am giving you two weeks for trial.
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+Are there any further applications?
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+MS. DONALESKI: The government moves to exclude time between today's date and April 20, 2020, in order to allow the defendants to review discovery and prepare for trial.
+
+MR. FOY: Yes, I do have another application, your Honor.
+
+As I alerted the Court prior to today's court proceedings, I wanted to revisit the issue of the release conditions for Ms. Noel at this time.
+
+On November 19, we appeared before the magistrate court. The government and Ms. Noel had an agreement with regards to the bail package. After our interview with pretrial services, they added additional conditions that were not a part of the original agreement. Of the additional conditions, one of them was travel restrictions.
+
+One of the permissible areas at the time that was stated on the record was the Eastern District of Pennsylvania. Turns out that it should be the Middle District of Pennsylvania instead of the eastern, so I'd like that to be corrected. But the second issue, which is really the main subject of this application, is with regards to the surrender of her firearms,
+
+4 5 6 During the proceedings before the magistrate court, I presented arguments in favor of her ability to keep her firearm. I'm asking for this Court to reconsider that decision and provide an individualized assessment of whether that condition is appropriate under the circumstances of this case.
+
+7 8 9 10 11 12 13 Your Honor, this case involves allegations of nonviolent criminal conduct. I do not believe that there's a controversy of whether she's a flight risk or danger to the community. What has been said to me with regards to why the application for the firearm has been made by pretrial services is to make them more comfortable so when they come to the home there's not a firearm in the home.
+
+14 15 16 17 18 19 20 21 I do appreciate the fact that pretrial services needs to be safe, and I don't deny that. However, when it comes to infringing upon her Second Amendment right to possess her firearm that she has legally, that's personal to her, I also would like to make one correction in the record from my previous presentation, because I indicated to the Court at that time that she possessed it legally and that she just has it for the home.
+
+22 23 24 25 Well, it turns out she does have credentials to actually carry her firearm in public as it relates to her job. I suspect that that could change if something happened with her job as a result of these proceedings, but that wouldn't change
+
+which Ms. Noel has already complied with.
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+her ability to actually possess her firearm should her job status change, meaning there may become a change in her ability to carry it publicly because of a change of job situation, but it won't impact her constitutional right to actually bear arms.
+
+Under 3142, the Court should consider the least restrictive methods, in this case, I think, address the safety issue being raised by pretrial services.
+
+If you look at Ms. Noel's history and character, she doesn't have a prior criminal record. She has no history of violence or bad conduct that might indicate that she is a physical threat, that she would use her firearm against another unwarrantedly.
+
+The pretrial services report was done by the person who's going to supervise her. I've had an opportunity to speak to pretrial services about this application, that I would be making this application, and fortunately, having worked with the pretrial services officer, he respectfully disagreed with my position and mentioned to me that one of the concerns is what happens if I come to the home and the gun is out? That's a problem.
+
+Well, it could be a problem, I suppose, but it's not like a dog who has its own will and may go bite someone. In fact, I submit to the Court that if my client had a dog that wasn't friendly to strangers, that one of the remedies we would say is when they come from pretrial services, you have to put
+
+the dog away. What I'm suggesting to your Honor in the least restrictive manner is that we can make sure that if anyone from pretrial services comes to the home, that she will secure the gun away so that it's not out, since that seems to be their concern.
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+She doesn't have any ill will towards the court staff or anyone a part of this process. She understands what she needs to do. There is no actual, credible, competent threat supported by evidence to suggest that at this time her constitutional right to possess her weapon should be infringed at this time.
+
+I suppose there could come a time where that could change, but when we take it now, without an individual assessment of her particulars, her background, the specific circumstances of the case, then it gives the impression as if the conclusion's foregone that she should be -- meaning in this case a felon deprived of her firearm. She's not. She remains innocent as we sit here today, and the fact that she's here is disappointing, but we're here, so we have to deal with it.
+
+All I'm asking for is fair consideration in an individualized way. Any concern that your Honor has about her possessing a firearm, I'd welcome you to address it with me so I have an opportunity to directly speak to your concerns.
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+THE COURT: I'll hear from the government.
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+MS. DONALESKI: Your Honor, with respect to modifying the travel restrictions, we have no objection to including her travel restriction to the Middle District of Pennsylvania.
+
+With respect to the firearm, defense counsel raised this in front of Judge Netburn last week, who had the opportunity to consult with pretrial services. She denied this request, as your Honor should do.
+
+We respectfully submit it is due to the safety concerns of pretrial services that the defendant should not be permitted to possess her firearm. The pretrial services officers have to go into the defendant's home, including at unscheduled visits, and due to their safety concerns with having a defendant who has access to a firearm and they may not know where the firearm is in the home, it's entirely reasonable for pretrial services to say as a policy defendants have to surrender their firearms.
+
+This is done in every case, your Honor, including law enforcement officers who are on pretrial services supervision. Defendants are required to give their firearms back or to surrender their firearms simply for the safety of the pretrial services officers who are going into their homes. And given that safety concern, we believe that it is appropriate, as Judge Netburn found, for that to be a condition of her release.
+
+THE COURT: The removal of the firearm is a commonsense safety measure. The application is denied.
+
+4 5 6 7 8 9 10 With respect to Mr. , last week, we asked for a week to get two additional cosigners. I would just ask the Court to give us another seven days. I've submitted the information to the U.S. Attorney's Office, but they still need to conduct their interview. I just don't want there to be any issues with respect to having it completed by tomorrow, so I would just ask the Court to extend it another seven days with respect to getting those signers and getting it approved.
+
+11 12 MS. DONALESKI: We have no objection to that, your Honor.
+
+13 14 15 16 THE COURT: All right. That deadline is extended by a week. And I certainly have no objection to the Middle District of Pennsylvania being included in those areas where Ms. Noel is permitted to travel.
+
+17 Is there anything further?
+
+18 19 MS. DONALESKI: We'll just request a ruling on our application to exclude time, your Honor.
+
+20 21 THE COURT: Yes. The application is granted. Time is excluded.
+
+22 Is that without objection?
+
+23 MR. FOY: That is without objection, your Honor.
+
+24 MR. FIGGINS: That's fine, your Honor.
+
+25 THE COURT: Time is excluded under the Speedy Trial
+
+Are there any further applications?
+
+MR. FIGGINS: Yes, your Honor.
+
+Act until April 20, 2020. I find that the ends of justice served by excluding such time outweigh the interests of the public and the defendants in a speedy trial because this will allow time for the prosecution to produce discovery, for the defense to consider it, to decide whether to prepare motions, and for the parties to discuss a possible disposition.
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+The defendants' bail status shall remain the same.
+
+The matter is adjourned.
+
+(Adjourned)

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marker2/court-us-v-noel/EFTA02845820/EFTA02845820.md

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+## IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
+
+UNITED STATES OF AM
+
+USA / Plaintiff(s)
+
+Case No.: 19CR830
+
+TOVA NOEL ET AL.,
+
+Defendant(s)
+
+## NOTICE OF FILING OF OFFICIAL TRANSCRIPT
+
+Notice is hereby given that an official transcript of a has been filed by the court reporter/transcriber in the above-captioned matter.
+
+)NFEREN( held on 11/25/19
+
+Redaction responsibilities apply to the attorneys of record or pro se parties, even if the person requesting the transcript is a judge or a member of the public or media.
+
+The parties have seven (7) calendar days from the date of filing of this NOTICE to file with the court any NOTICE OF INTENT TO REQUEST REDACTION of this transcript. A copy of said NOTICE must also be served on the court reporter. If no such NOTICE is filed, the transcript may be made remotely electronically available to the public without redaction after ninety (90) calendar days.
+
+This process may only be used to redact the following personal data identifiers: Social Security numbers; dates of birth; minors' names; and financial account numbers. See Federal Rule of Civil Procedure 5.2, and Federal Rule of Criminal Procedure 49.1. Parties wishing to request redaction of other information may proceed by motion.
+
+I (we) certify that the foregoing is a correct transcript from the record of proceedings in the aboveentitled matter.
+
+/S CAROL GANI
+
+( 'OuI t Reporter/Transcriber Date

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marker2/court-us-v-noel/EFTA02845821/EFTA02845821.md

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+## UNITED STATES DISTRICT COURT
+
+for the
+
+Southern District of New York
+
+United States
+
+Plaintiff
+
+) )
+
+v. ) Case No. 19 Cr 830 (AT)
+
+Tova Noel & Michael )
+
+Defendant )
+
+## APPEARANCE OF COUNSEL
+
+To: The clerk of court and all parties of record
+
+I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:
+
+the United States
+
+Date: 01/24/2020
+
+Attorney's signature
+
+Jessica Lonergan
+
+Printed name and bar number
+
+U.S. Attorney's Office, SDNY
+
+One St. Andrew's Plaza
+
+New York, New York 10007
+
+Address
+
+jessica.lonergan@usdoj.gov
+
+E-mail address
+
+(212) 637-1038
+
+Telephone number
+
+(212) 637-2615
+
+FAX number

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marker2/court-us-v-noel/EFTA02845822/EFTA02845822.md

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+![](_page_0_Picture_1.jpeg)
+
+Case 1:19-cr-00830-AT Document 20 Filed 01/27/20 Page 1 of 2 gigi, FOY& SEPLOWITZE a t t o r n ey s a t l a w
+
+105 MAIN STREET HACKENSACK. NJ 07601 TEL: 201-457-0071 FAX: 201-457-0072
+
+## FILED VIA ECF
+
+WWW.FOYSEPLOWITZ.COM
+
+January 27, 2020
+
+Honorable Analisa United States District Court Judge Southern District of New York 500 Pearl Street New York, NY 10007
+
+> Re: US v. Tova Noel. et al Docket # 19 cr. 830 (AT) Request to Adjourn Trial Date
+
+Dear Judge
+
+30 WALL STREET 8TH FLOOR NEW YORK. NY 10005 TEL 212-709-8230
+
+On November 25, 2019, during the initial status conference the Court scheduled the above referenced criminal action for trial to commence on April 20, 2020. I am requesting that the trial date be postponed to sometime in October or a date thereafter that is convenient for the Court.
+
+The adjournment is necessary to ensure that Ms. Noel receives adequate and effective assistance of counsel. The postponement of the trial will allow for the defense to review voluminous discovery and conduct a defense investigation of the case.
+
+On November 22, 2019, I informed the Government that I would provide them with a hard drive during the November 25, 2019 initial status conference. On November 25, 2019, I provided the Government with a hard drive for discovery and the Government informed the Court that they would produce discovery in 30 days. The Government forwarded discovery on the hard drive to my office on December 31, 2019. The discovery was received by my office on January 2, 2020. On January 4, 2020, I attempted to review the discovery and I could not access it because the Government provided the incorrect password to get access. On January 6, 2020, I was provided with the correct password and gained my first access to the discovery.
+
+The discovery contained in the initialproduction is 877GB of materials. The 877GB of materials contains up to 8118 of global discovery and up to 20,853 of individual discovery. In folder marked SDNY 00000001, there is video surveillance capturing 3 separate cameras from July 5, 2019 thru August 12, 2019. Each date allegedly contains the 24-hour period for each day, from each camera, and in 1-hour increments per individual file. Note, that there is video surveillance in the Government's possession that has not been turned over, however, the Government
+
+PAGE 2
+
+indicated that those video surveillance files will be turned over upon request. Furthermore, SDNY\_7549.8118 contains the interviews of approximately 29 employees and 14 inmates. It will be necessary to interview many, if not all the witnesses previously interviewed by the Government.
+
+A review of the video surveillance turned over reveals that most of the videos are not date or time stamped. After discussions with the Government, on January 21, 2020, I provided the Government with a flash drive to reproduce the same video surveillance contained in SDNY\_00000001 with the date and time stamps. On January 22, 2020, the Government received the flash drive and advised my office that the flash drive was not functioning properly. On January 23, 2020, I forwarded a 1TB hard drive to the Government to provide the requested materials. Based upon representations made by the Government, I expect to receive the hard drive back by January 27, 2020.
+
+On January 24, 2020, my office received additional discs from the Government. The additional discovery increased the global discovery number to 8132.
+
+Based upon the volume of discovery received to date, defendant Noel is not able to determine what motions or legal issues she will raise. I anticipate making additional requests for discovery or information, however, I will need significant time to review and digest the discovery to have an appreciation of what materials we do have and what materials we do not have that we are entitled to.
+
+I will be prepared to discuss this issue in further detail during our upcoming status conference on January 30, 2020 at 11:00am. Thank you for your thoughtful consideration.
+
+Sincerely,
+
+FOY & SEPLOWITZ LLC
+
+gadetAl e Zet
+
+JASON E. FOY irovoiovsepiowtsz.com
+
+end.

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marker2/court-us-v-noel/EFTA02845824/EFTA02845824.md

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+![](_page_0_Picture_1.jpeg)
+
+# The Law Offices of MONTELL FIGGINS,LLC
+
+17 Academy Street. Suite 305 Newark, New Jersey 07102 Phone: (973) 242-4700 Fax: (973) 242-4701 www.figginslaw.com BRANCH OFFICES:
+
+140 East Ridgewood Avenue Paramus, NJ 07640
+
+Reply to Newark Office [X]
+
+ASSOCIATES Kenneth E. M, Esq. Linda Childs. Esq.
+
+### SENT VIA ECF
+
+Honorable Analisa U.S. Southern District of NY 500 Pearl Street New York, NY 10007
+
+30 Wall Street 8" Floor New York. NY 1005
+
+January 27, 2020
+
+Re: State of NY v Michael et al. Docket No.: 1:19-cr-00830 Adjournment Request
+
+Dear Hon. Judge
+
+Pursuant to the Court's request, I am making a written request that the April 20, 2020 trial date be adjourned for at least 6 months. Firstly, the government in this matter sent out discovery on or about December 31, 2019. It was received in my office over the holiday break when no one was working. Thereafter, there was an issue with me being able to access the drive containing all of the information proffered by the government because we were given the wrong password by the government. Accordingly, I have had only about two weeks to review the voluminous discovery provided.
+
+The discovery ostensibly contains approximately 25,000 documents and hundreds of hours of video footage. In order to effectively represent my client, I will need at least an additional 60 days to review the discovery and discuss it with my client. Thereafter, I will still need to conduct an investigation based on the information and witness statements detailed in the discovery. Such an undertaking will take at the minimum another 60 days. As the Court can see, it will take me 90 days or more before I am in a position to know what additional discovery may be needed or what motions are appropriate. Additionally, this timeline doesn't even account for issues regarding subpoenas, requests for additional discovery and attempting to locate witnesses or hire experts.
+
+![](_page_1_Picture_1.jpeg)
+
+# The Law Offices of MONTELL FIGGINS,LLC
+
+17 Academy Street. Suite 305 Newark, New Jersey 07102 Phone: (973) 242-4700 Fax: (973) 242-4701 www.tigginslaw.com
+
+BRANCH OFFICES:
+
+140 East Ridgewood Avenue Paramus. NJ 07640
+
+#### Reply to Newark Office pq
+
+#### ASSOC1AT
+
+Kenneth E. Esq. Linda Childs. sq.
+
+30 Wall Street fr Floor New York. NY 1005
+
+As previously noted, I intend on filing a motion for dismissal based on selective prosecution. If successful, this motion will entitle my client to additional discovery beyond what has previously been provided which also pushes the trial timeline beyond April of 2020.
+
+My client's position is also that we are entitled to any and all reports, memorandums, witness statements and investigative reports written, produced or possessed by the inspector general regarding this incident and the Federal Bureau of Prison's policy regarding written statements and employee conduct.
+
+It should be noted, that it took the justice department, the FBI, the inspector general's office and an assortment of other federal agencies more than 90 days to investigate this matter. Accordingly, it is more than reasonable that it would take the defendant and his counsel, who have less than one percent of the man power and resources of the government, a significantly longer time to accomplish an adequate investigation and review of all the necessary information provided in this case.
+
+Respectfully yours,
+
+/s/ Montell Figgins
+
+Montell Figgins, Esq.
+
+Attorney for Defendant Michael
+
+cc: Nicolas Roos, Esq., Counsel for Plaintiff Rebekah Donaleski, Esq., Counsel for Plaintif Jessica Lonergan, Esq., Counsel for Plaintiff Jason Erroy Foy, Esq, Counsel for Defendant Noel

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marker2/court-us-v-noel/EFTA02845826/EFTA02845826.md

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+United States Attorney Southern District of New York
+
+The Silvio J. Mollo Building One Saint Andrew's Plaza New York. New York 10007
+
+January 28, 2020
+
+## BY ECF
+
+The Honorable Analisa United States District Judge Southern District of New York 500 Pearl Street New York, New York 10007
+
+> Re: United States v. Noel and 19 Cr. 830 (AT)
+
+Dear Judge
+
+The Government respectfully writes in response to the defendants' letters of January 27, 2020, requesting at least a six-month adjournment of the trial date in the above-captioned case, which is currently scheduled to commence on April 20, 2020. The Government remains prepared to proceed to trial as scheduled. As is set forth more fully below, while the Government has no objection to a brief adjournment of the trial date subject to the Court's availability, the requested six-month adjournment is both unnecessary and unwarranted.
+
+By way of background, as is set forth in the Indictment, the charges in this case relate to a period of just over 14 hours-from approximately 4:00 p.m. on August 9, 2019 to approximately 6:30 a.m. the following day, August 10, 2019. The Government has made three discovery productions—(1) the main production on December 31, 2019; (2) a small supplemental production on January 23, 2020; and (3) a reproduction of video surveillance footage with timestamps on January 24, 2020. i While the December 31, 2019 discovery production consisted of a large number of pages of materials, many of those materials were produced principally in anticipation of defense requests and to help facilitate the very sort of broader investigation the defendants now claim they need to undertake. For example, the Government produced MCC video surveillance for a period of longer than one month (July 5, 2019 to August 12, 2019); count slips for nearly three weeks (July 23, 2019 to August 14, 2019); thirty-minute round reports for more than a month (July 1, 2019 to August 10, 2019); and materials relating to the events of July 23, 2019. Similarly, with respect to defendant Noel, the Government provided in discovery to her only a report from her cellphone, which consists of more than 20,000 pages, very few of which, if any, are relevant to the pending charges. For substantially the same reasons, and as the Court is aware, the
+
+For the third production, the Government requested additional hard drives from defense counsel. To date, only Noel's counsel provided a hard drive to the Government, which the Government then loaded and returned to counsel. The Government stands ready to do the same for as soon as a hard drive is provided.
+
+Government also produced 3500 material for every individual interviewed during the investigation in December, nearly four months in advance of trial.
+
+"Whether or not to adjourn a trial date is traditionally within the discretion of the trial judge." United States v. Scopo, 861 F.241 339, 344 (2d Cir. 1988) (internal quotations omitted). While there "is no mechanical test with respect to requests for a continuance or adjournment," United States v. Al Fawaaz, 116 F. Supp. 3d 194, 210 (S.D.N.Y. 2015), the Second Circuit has identified certain circumstances in which an adjournment may be appropriate: (I) the requested delay is of a short (or at least fixed duration); (2) the sought-after evidence is specified with particularity; (3) the proposed evidence is critical to the defense; and (4) the defendant has not been dilatory. Id. at 211 (summarizing considerations found in United States v. MB 324 F.3d 814, 814-16 (2d Cir. 1963)).
+
+None of the circumstances identified in Al Fawaaz necessitate the lengthy adjournment requested by the defendants. The Government's case-in-chief turns on a brief, fourteen-hour window for which the evidence is limited and now available to the defendants. Moreover, even as expanded to include all of the additional material produced as described above, the discovery in the instant case is neither unusually voluminous nor complex, and the defendants provide no specific reasons why the review of the materials requires a six-month adjournment.
+
+Nor does the need to file pre-trial motions and interview witnesses support such an adjournment. counsel has indicated that he intends to file a motion to dismiss the indictment, while Noel's counsel states that he has not been able to determine what motions to file pending his review of the discovery. Noel's counsel, however, identifies no reason to believe such a review is likely to result in the identification of any potential pre-trial motions: as counsel is aware, the Government did not obtain any search warrants as part of its investigation, nor did the defendants make post-arrest statements that the Government would seek to introduce into evidence. As such, there is no evidence for the defendants to seek to suppress. As for the motion to dismiss, which does not depend on a review of the discovery, counsel for identifies no reason why such a motion could not be made in short order.
+
+Finally, with respect to the need to interview witnesses, as noted above, the Government has already produced all of the witness statements in its possession, almost all of them on December 31, 2019, nearly four months before trial. As the Court is well-aware, such productions of witness statements are typically made only weeks before trial is scheduled to begin. As such, the Government's early production of those materials—giving the defendants months of additional time to review those statements and take any potential investigation steps based upon them cannot possibly merit a lengthy postponement of the trial date.
+
+Accordingly, as noted above, the Government is prepared to proceed to trial as scheduled. That said, while the Government would not object to a short adjournment of the trial date to provide the defendants with additional time to prepare, the issues identified in the defendants' letters do not require a six-month adjournment.
+
+Respectfully submitted,
+
+GEOFFREY S. BERMAN United States Attorney for the Southern District of New York
+
+By: /s/
+
+Rebekah Donaleski Nicolas Roos Jessica Lonergan Assistant United States Attorneys (212) 637-2423/2421/1038
+
+cc: Defense Counsel (by ECF)

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