RE: Discovery Issues
We write to raise a few issues concerning the discovery. Below is the list of items. Please let me know if you are free for a call to discuss.
On our last call, we asked you if we could send our client a hard drive containing the discovery that we had created (without the highly confidential items). You had said you would check to see if you could facilitate this. We have not heard back from you. Are you able to send Ms. Maxwell the hard drive?
The last two productions you sent to Ms. Maxwell on disks. As you know, she cannot read disks on her laptop and must use the prison computer. But the prison computer cannot read some of the files. We can include these files on our hard drive to send to Ms. Maxwell. Otherwise, you will need to produce them on a hard drive. Please advise which way you would like to proceed.
A number of the emails in the discovery — over 109,000 — were produced without their attachments (see tab 1 of the attached Excel file). Instead, the attachments appear as slip-sheets (see example attached). Please provide the missing attachments, if they exist.
A number of electronic documents — over 110,000 — that were extracted from one of Epstein's devices, as identified by a CART number, have metadata that indicates a "date created" or "date last modified" date in July 2020 or afterwards (see tab 2 of the attached Excel file). We request that you produce a metadata overlay with the original metadata for these files.
A number of photographs — over 6500 —were produced in native format, but do not have a CART number and have "date created" and/or "date last modified" dates after July 2019 (see tab 3 of the attached Excel file). Please provide the CART number for these photographs or specify which device they came from. Also, we request that you produce a metadata overlay with the original metadata for these files.
A number of the audio/visual files — over 460 — have similar metadata issues (see tab 4 of the attached Excel file). These fall into the following buckets:
a. SDNY GM SUPP: these have CART numbers, but were produced without metadata load files and have "date created" and "date last modified" dates in September-November 2020, after the date the device was seized. We request that you produce a metadata overlay with the original metadata for these files.
b. SDNY005 (October 20 2020 production): these are a few videos from the SDFL or PBPD investigations that were produced in native form without metadata load files. They have Sept-Oct 2020 dates. We request that you produce a metadata overlay with the original metadata for these files.
c. SDNY011 (November 9 2020 production): these were produced in native form with load files, but do not reference a CART number and have Sept 2020 dates. We request that you provide a CART number for these files or indicate their source. Also, we request that you produce a metadata overlay with the original metadata for these files.
- There is a gap between 11/18 and 12/18 production numbers (SDNY_GM_02742044 to 2742183). Was that intentional or are we missing those documents?
Please let us know your responses as soon as possible.
Thanks,
Chris
Christian R Everdell
COHEN & GRESSER LLP
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www.cohengresser.com
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Chris,
This is an email.
Key information:
- Sender: Christian Everdell
- Recipient: Various (some names redacted)
- CC: Jeff Pagliuca, Laura Menninger, Bobbi Sternheim
- Date Sent: Tuesday, March 30, 2021, 10:58 PM
- Subject: RE: Discovery Issues
- Content Summary: The sender acknowledges information received, states they will follow up after consulting with a vendor regarding questions #3-#6, and confirms question #7 has been resolved.
Apologies for the late response on this. It seems like it would be better to confer after you have heard back from your vendor, since the answers to #3-#6 will depend on what the vendor says. And I believe we have now resolved #7.
As for #1and #2, I will cal at MDC and represent to her that we have your concurrence to send the drive directly to Ms. Maxwell. If she agrees, we can add the additional productions to our drive before we send it. If she refuses, we will take it up with Judge Nathan.
Thanks,
Chris
Chris,
Following up on these issues:
• For #3, the attachments were not recovered from the searched devices. We do not have them, which is why they were not produced.
• For #4, the electronic files recovered from Epstein's devices have the same metadata on the hard drive that was available when the FBI seized each file. For files that were carved or deleted, no metadata was recovered, so none is viewable, except for data showing when a particular file was saved to a drive by the investigative team or prepared for production. I am not aware of any additional metadata in our possession that you do not have for these files.
• For #5, those photographs were not processed by CART, which is why they do not have a CART number. They came from the CDs that your team reviewed last week. The available metadata for those photographs was produced in two excel spreadsheets with the same production — one with metadata for nude images (which were contained on one of the hard drives you reviewed last week), and one with metadata for non-nude images (which were produced in the November 9, 2020 discovery production). As I mentioned in my email to Laura earlier today, I am working with our vendor to figure out how to best convey to you which Bates numbers correspond with which rows in the spreadsheet.
• For #6:
o The SDNY_GM_SUPP contain electronic files recovered from Epstein's devices. As noted above, those files have the same metadata on the hard drive that was available when the FBI seized each file. For files that were carved or deleted, no metadata was recovered, so none is viewable.
o The videos from SDNY005 (October 20, 2020 production) were converted by a vendor from VHS and cassette tapes, so there is no metadata to provide. The Sept-Octo 2020 dates reflect when these recordings were converted by our vendor.
o The SDNY011 (November 9, 2020 production) consists of images from the CDs seized from Epstein's residences, which you reviewed last week. As referenced above, those photographs were not processed by CART, which is why they do not have a CART number. As referenced above, the available metadata for those photographs was produced in two excel spreadsheets with the same production — one with metadata for nude images (which were contained on one of the hard drives you reviewed last week), and one with metadata for non-nude images (which were produced in the November 9, 2020 discovery production). As I mentioned in my email to Laura earlier today, I am working with our vendor to figure out how to best convey to you which Bates numbers correspond with which rows in the spreadsheet.
Best,
Assistant United States Attorney
Southern District of New York
Also following up on your response to Chris. We have had a chance to take a look at these files again.
For the SUPP production, many of the files were produced as PDFs, which seems as though they were converted prior to production. As I understand it (which is admittedly limited), carved or deleted files can still contain application metadata.
We request that as to the SUPP production, you:
a. Provide a list of all files that were carved or deleted;
b. Confirm if all those files were produced in native format or if any were converted to PDF;
c. If any were converted, provide additional information including the MIME type (for all), and if available from application metadata original file name, file dates, etc. This would amount to the equivalent of the index you provided for SDNY011.
d. In the absence of (b), confirm that no application metadata was recovered from those files which might indicate file creation/modified dates
Please let me know if you have any questions.
Thanks,
Laura
Laura A. Henninger I Partner
Haddon, Morgan & Foreman, P.C.
Laura,
I am working with our paralegals to look into your requests below. Our paralegals are also still working on the list of files that you provided that Ms. Maxwell has been unable to review at the MDC. As soon as we are able to provide an update on these issues, I will reach back out.
Best,
Assistant United States Attorney
Southern District of New York
Counsel,
Today we have an additional discovery production ready to send to you. This production is small enough to produce via USAfx. Please let us know if you do not already have a USAfx account, in which case our paralegals (cc'd) can assist you in creating an account. We are also sending a CD containing this production to the MDC via FedEx.
Attached please find a cover letter accompanying this production. As you will see in the letter, the majority of this production consists of materials we are providing in response to your requests for additional information regarding the SUPP production (referenced in the below email exchange). I am also attaching the excel spreadsheet referenced in the cover letter to assist in your review of the materials from the SUPP production.
Please let us know if you have any further questions regarding the SUPP production or if you have any difficulty accessing the materials.
Best,
I don’t think C&G has a USAfx account. Can you set us up with one so that we can receive the new discovery? I have cc’d Tom Powers from my office. Please include him on the response.
Thanks,
Chris
No problem at all!
Email Information:
- From: (Redacted)
- Sent: Monday, May 24, 2021, 2:51 PM
- To: (Redacted) (USANYS) [Contractor]
- Subject: RE: Discovery Issues
Whoops, sorry, didn't see this before I send off those emails. Thank you!
This is an email with the subject "RE: Discovery Issues".
The sender is listed as "(USANYS) [Contractor]".
It was sent on Monday, May 24, 2021, at 2:00 PM.
The recipients in the "To" field are Christian Everdell and Laura Menninger.
The recipients in the "Cc" field are Jeff Pagliuca and Bobbi Sternheim.
Dear Chris,
I'll be happy to set up your access to USAfx. Please provide the email address(es) and cell phone number(s) for each person you want to have an account on USAfx to be able to download the production. New users will receive a temporary password via text message the first time they login. Feel free to let me know if you have any questions.
Thank you,
Paralegal Specialist
U.S. Attorney's Office I SDNY