Memo Endorsement as to Apocalypse Bella (1), Mackenzy Toussaint (2), Amos Mundendi — USA v. Bella (Dkt. 60, S.D.N.Y.)

Record facts

U.S. District Court for the Southern District of New York · No. 1:21-cr-00247-PAE · Doc. 60 · 2021-09-30 · Docket on CourtListener

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 
59   Filed 09/29/21   Page
Case 1:21-cr-00247-PAE     Document 60     Filed 09/30/21     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
GRANTED. The Clerk of Court is requested to terminate the motion 
at Dkt. No. 59.
9/30/2021
SO ORDERED.
__________________________________
PAUL A. ENGELMAYER
United States District Judge


Case 1:21-cr-00247-PAE     Document 60     Filed 09/30/21     Page 2 of 2

File and source

File

gov.uscourts.nysd.558852.60.0.pdf

Size

211,703 bytes

SHA-256

4747e25341c5f1ef221a78d6ddb2e3a044a5a491631db04cf73f5061a862c8b8

Our copy

gov.uscourts.nysd.558852.60.0.pdf

Original

PACER (login required)