Case Document Filed Page of p.m on August until approximately a.m on August at which time as alleged herein NOEL and THOMAS discovered the body of an MCC inmate Jeffrey Epstein who had committed suicide overnight while unobserved RELEVANT INDIVIDUALS AND ENTITIES The MCC is a federal administrative detention facility located in Manhattan that is run by the Federal Bureau of Prisons BOP The MCC is one of several facilities used to house inmates who have been charged with federal crimes in the Southern District 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 TOVA NOEL the defendant has been employed as a correctional officer at the MCC since approximately As of August NOELs primary assignment was the SHU On August NOEL worked a regular shift from p.m to a.m in the SHU and then worked an overtime shift from a.m to a.m on August also in the SHU NOEL had also worked a regular shift in the SHU the day before August from p.m to p.m MICHAEL THOMAS the defendant has been employed as a correctional officer at the MCC since approximately Beginning in approximately THOMAS was assigned to work as a Case Document Filed Page of materials handler supervisor al though THOMAS regularly worked overtime shifts as a correctional officer including in the SHU THOMAS worked an overtime shift in the SHU on August from a.m to a.m THOMAS did not work his regular shift on August or August but did work an overtime shift in the SHU on August from a.m to a.m As detailed herein Jeffrey Epstein was incarcerated at the MCC between his arrest on July and his suicide on August Epstein was detained pending trial in the Southern District of New York on sex trafficking charges THE MCC AND INSTITUTIONAL COUNTS The MCC which houses approximately 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 a locked door that can be opened remotely only by an officer in the MCCs centralized control center the Control Centern which is located on the first floor of the MCC Access into the SHU is also controlled by a second locked door to which only correctional officers assigned to the SHU have Case Document Filed Page of 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 a single locked door to which only correctional officers assigned to the SHU have keys while on duty 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 p.m p.m a.m a.m and a.m Performing an institutional count is one of the most basic and essential aspects of a correctional officers 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 a count slip To perform the institutional count in the SHU two officers must walk from tier to tier to observe and count each individual inmate Case Document Filed Page of 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 institutions 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 institutions inmate roster can the institutional count be deemed cleared or completed incomplete If a housing units count slip is incorrect or 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 a bed book count in which officers must compare every individual inmate to the institutions inmate roster Records of each institutional count including the count slips are provided to a supervising official and retained by the MCC 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 Case Document Filed Page of 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 EPSTEINS PRIOR APPARENT SUICIDE ATTEMPT On July inmate Jeffrey Epstein was arrested and detained at the MCC on sex trafficking charges On July Epstein was assigned to the SHU due to among other things risk factors for suicidality and safety concerns relating to housing him with the MCCs general population On July 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 THOMAS 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 a cell on the hospital wing floor of the MCC and are watched twenty-four hours a day by a staff member or a specially trained inmate companion Epstein remained on suicide watch for approximately twenty-four hours and then was transferred to psychological Case Document Filed Page of observation until July 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 a day On July Epstein was transferred back to the SHU and at the direction of the MCCs 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 procedures for ensuring the safety of inmates including Epstein EVENTS OF AUGUST On August Epsteins cellmate was transferred out of the MCC in a routine pre-arranged transfer at approximately a Despite the MCC psychological staffs direction that Epstein have a cellmate no new cellmate was assigned to Epsteins cell TOVA NOEL the defendant was one of the assigned officers on duty in the SHU from p.m on August to a.m on August From p.m to a.m two other officers were on duty with NOEL in the SHU one officer was assigned to work from p.m to p.m Officer-1 and one officer was Case Document Filed Page of assigned to work from p.m to a.m Officer-2 MICHAEL THOMAS the defendant started his shift in the SHU at a.m on August From a.m until a.m on August NOEL and THOMAS were the only two officers on duty in the SHU During the time period from p.m on August to a.m on August the officers on duty in the SHU including TOVA NOEL and MICHAEL THOMAS the defendants were responsible for conducting five institutional counts p.m and p.m on August and a.m a.m and a.m on August NOEL THOMAS and 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 TOVA NOEL the defendant and Officer-1 were responsible for conducting the p.m institutional count in the SHU As video from the MCCs internal video surveillance system makes clear NOEL and Officer-1 did not perform the p.m count Nonetheless NOEL and Officer-1 completed and signed a count slip that falsely stated that the p.m institutional count had been performed In reliance on that falsified count slip at approximately p.m the Control Center cleared the p.m count Case Document Filed Page of 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 p.m NOEL and the other officer left the tier in which Epstein was housed immediately thereafter By or before 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 p.m institutional count in the SHU However video from the MCCs internal video surveillance system shows that NOEL and Officer-2 did not perform the p.m count Nonetheless NOEL and Officer-2 completed and signed a count slip falsely stating that the p.m institutional count had been performed In reliance on that falsified count slip at approximately p.m the Control Center cleared the p.m count As reflected on video obtained from the MCC internal video surveillance system at approximately p.m on August after TOVA NOEL the defendant had signed and submitted the 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 internal video surveillance system this was the last time anyone including any Case Document Filed Page of correctional officer walked up to let alone entered the only entrance to the tier in which Epstein was housed until approximately a.m on August Officer-1 shift ended at approximately p.m and at approximately a.m MICHAEL THOMAS the defendant replaced Officer-2 joining TOVA NOEL the defendant as the only two correctional officers on duty in the SHU NOEL and THOMAS were responsible for conducting the a.m institutional count in the SHU As confirmed by video from the MCC internal video surveillance system NOEL and THOMAS did not perform the a.m count Nonetheless NOEL and THOMAS completed and signed a count slip for the a.m count that falsely stated that the institutional count had been performed In reliance on that falsified count slip at approximately a.m the Control Center cleared the a.m count TOVA NOEL and MICHAEL THOMAS the defendants were additionally responsible for conducting the a.m and a.m institutional counts in the SHU As confirmed by video from the MCCs internal video surveillance system NOEL and THOMAS did not perform either the a.m or the a.m counts NOEL and THOMAS nonetheless completed and signed count slips for both counts that falsely stated that they had performed the a.m and a.m institutional counts In reliance on those falsified count slips Case Document Filed Page of at approximately a.m and a.m the Control Center cleared the a.m and a.m counts respectively Moreover despite the requirement that officers on duty in the SHU conduct and document regular 30-minute rounds TOVA NOEL and MICHAEL THOMAS the defendants did not perform any of the required 30-minute rounds during their shift between approximately a.m and a.m Nonetheless NOEL completed and signed more than separate 30-minute round entries falsely affirming that they had in fact conducted such rounds During the night instead of completing the required counts and rounds TOVA NOEL and MICHAEL THOMAS the defendants were seated at the correctional officers desk in the SHU common area as noted above approximately feet from Epsteins cell used the computers and moved around the SHU common area For a period of approximately two hours NOEL and THOMAS 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 THOMAS used the computer briefly around a.m a.m and a.m to search for motorcycle sales and sports news At approximately a.m the overnight supervisor briefly visited NOEL and THOMAS in the SHU and conferred with NOEL and THOMAS who were seated at and around the officers desk Case Document Filed Page of before leaving At approximately 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 Shortly after a.m on August MICHAEL THOMAS 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 a.m NOEL and THOMAS walked up to and entered the tier in which Epstein was housed to serve breakfast At approximately a.m an alarm was activated in the SHU Epstein was alone in his cell and not responsive with a noose 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 THOMAS and NOEL NOEL told Supervisor-1 we did not complete the a.m nor a.m rounds THOMAS stated we messed up and I messed up shes not to blame we didnt do any rounds Case Document Filed Page of Epstein was transferred to a local 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 The Grand Jury incorporates the allegations contained in paragraphs through of this Indictment as though fully set forth herein In or about August in the Southern District of New York TOVA NOEL and MICHAEL THOMAS the defendants knowingly conspired with each other to a Knowingly defraud the United States by impairing obstructing and defeating the lawful functions of a department or agency of the United States to wit the MCC function to ensure the care custody and control of its inmate population 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 Case Document Filed Page of department or agency of the United States in violation of Title United States Code Section a In furtherance of the conspiracy and to effect the illegal objects thereof TOVA NOEL and MICHAEL THOMAS the defendants committed the following overt acts among others in the Southern District of New York a On August NOEL and THOMAS falsely certified on an MCC count slip that they had performed the a.m institutional count of the SHU when they had not in fact done so On August NOEL and THOMAS falsely certified on an MCC count slip that they had performed the a.m institutional count of the SHU when they had not in fact done so On August NOEL and THOMAS falsely certified on an MCC count slip that they had performed the a.m institutional count of the SHU at MCC when they had not in fact done so On August NOEL falsely certified that she and THOMAS had performed a series of 30-minute rounds of the SHU between a.m and a.m when they had not in fact done so Title United States Code Section Case Document Filed Page of COUNT TWO False Records p.m Count The Grand Jury further charges The Grand Jury incorporates the allegations contained in paragraphs through of this Indictment as though fully set forth herein On or about August 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 c.ontain 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 p.m institutional count of the SHU when she had not in fact done so Title United States Code Sections a and COUNT THREE False Records p.m Count The Grand Jury further charges The Grand Jury incorporates the allegations contained in paragraphs through of this Indictment as though fully set forth herein Case Document Filed Page of On or about August 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 p.m institutional count of the SHU when she had not in fact done so Title United States Code Sections a and COUNT FOUR False Records a.m Count The Grand Jury further charges The Grand Jury incorporates the allegations contained in paragraphs through of this Indictment as though fully set forth herein On or about August in the Southern District of New York TOVA NOEL and MICHAEL THOMAS 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 Case Document Filed Page of 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 THOMAS created signed and submitted to the MCC a materially false count slip indicating that they had performed the a.m institutional count of the SHU when they had not in fact done so Title United States Code Sections l00l a and COUNT FIVE False Records a.m Count The Grand Jury further charges The Grand Jury incorporates the allegations contained in paragraphs through of this Indictment as though fully set forth herein On or about August in the Southern District of New York TOVA NOEL and MICHAEL THOMAS 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 THOMAS created signed and submitted to the MCC a materially false count slip indicating that they had Case Document Filed Page of performed the a.m institutional count of the SHU when they had not in fact done so Title United States Code Sections l00l a and COUNT SIX False Records a.m Count The Grand Jury further charges The Grand Jury incorporates the allegations contained in paragraphs through of this Indictment as though fully set forth herein On or about August in the Southern District of New York TOVA NOEL and MICHAEL THOMAS 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 THOMAS created signed and submitted to the MCC a materially false count slip indicating that they had Case Document Filed Page of performed the a.m institutional count of the SHU when they had not in fact done so Title United States Code Sections lOOl a and FOREP SON fu GEOFFR11h 7J BERMAN United States Attorney Case Document Filed Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA TOVA NOEL and MICHAEL THOMAS Defendants INDICTMENT Cr Title United States Code Sections a and GEOFFREY BERMAN United States Attorney A TRUE BILL Foreperson
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