LETTER MOTION addressed to Judge Paul A.… — USA v. BELLA (Dkt. 59)

Record facts

U.S. District Court for the Southern District of New York · No. 1:21-cr-00247-PAE · Doc. 59 · 2021-09-29 · Docket on CourtListener

Summary

A letter motion from the government to Judge Paul A. Engelmayer in United States v. Apocalypse Bella, et. al., 21 Cr. 247 (PAE), in the U.S. District Court for the Southern District of New York, dated September 29, 2021 and filed as Doc. 59. It asks for an extension of the Rule 16 discovery deadline to October 18th for certain items. The letter states that the government is producing subpoena returns and responsive returns from devices of defendants Mundendi and Toussaint and from emails, but that technical issues prevent production from two other Toussaint devices. It adds that eight of ten email accounts have been received and that returns for four of them will be produced that day. The letter states that no defense counsel objects; it is signed by Assistant United States Attorney Dina McLeod.

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Full text

[Type text] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
September 29, 2021 
 
 
BY ECF AND EMAIL 
 
The Honorable Paul A. Engelmayer 
United States District Judge 
Southern District of New York 
40 Foley Square 
New York, New York 10007 
 
 
 
Re:  
United States v. Apocalypse Bella, et. al., 21 Cr. 247 (PAE) 
 
Dear Judge Engelmayer: 
 
 
 
The Government writes to request a brief extension of the deadline for Rule 16 discovery 
for certain discovery items.  At the last court conference, the Court directed the Government to 
produce any outstanding discovery by today, September 29, 2021. 
 
 
The Government will today produce discovery to the defendants that will consist of 
subpoena returns (approximately 1.5 GB), responsive returns from defendants’ devices 
(approximately 10 GB), and responsive returns from emails (approximately 660 MB). 
We are producing responsive returns from two phones belonging to defendant Mundendi, 
two laptops belonging to defendant Toussaint, and one phone belonging to defendant 
Toussaint.  Because of technical issues in accessing two other devices (one is a computer 
belonging to Toussaint, one is a phone belonging to Toussaint), we will not be prepared to produce 
responsive returns for those two devices today.  In addition, there are other seized devices which 
are not accessible at all and/or have no responsive materials on them. 
 As to the email search warrant returns, we have received eight of ten email accounts (i.e., 
the ten accounts subject to the most recent email search warrant) from the email providers.  We 
are still waiting for two accounts to be produced by the providers.  Due to the volume of material 
to review and some privilege review that was required, we will be able to produce responsive 
returns for four of the eight accounts today.   
 
 
 
 
 
The Silvio J. Mollo Building 
 
 
 
 
 
 
 
 
 
 
 
 
 
One Saint Andrew’s Plaza 
 
 
 
 
 
 
 
 
 
 
 
 
 
New York, New York 10007 
U.S. Department of Justice 
United States Attorney 
Southern District of New York 
Case 1:21-cr-00247-PAE     Document 59     Filed 09/29/21     Page 1 of 2

 
 
 
 
 
The Government is therefore respectfully requesting an extension of the discovery deadline 
until October 18th to produce the responsive materials from the two devices belonging to Toussaint 
referenced above and the four email accounts that have been produced to the Government.  The 
Government has communicated with counsel for each defendant and no counsel have an objection 
to this request. 
 
 
Respectfully submitted, 
AUDREY STRAUSS 
United States Attorney 
 
By: 
  
  
  
 
Dina McLeod 
Assistant United States Attorney 
(212) 637-1040 
 
 
cc:   Charles Kaser, Esq. (counsel for Apocalypse Bella) (by email and ECF) 
        Tamara Giwa, Esq. (counsel for Amos Mundendi) (by email and ECF) 
        Bret Martin, Esq.  (counsel for Mackenzy Toussaint) (by email and ECF) 
Case 1:21-cr-00247-PAE     Document 59     Filed 09/29/21     Page 2 of 2

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