Letter from the government to defense counsel… — Letter from the government to defense counsel regarding Rule… (Dkt. 14)

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U.S. District Court for the Eastern District of New York · No. 1:22-cr-00020-FB · Doc. 14 · 2022-03-10 · Docket on CourtListener

Summary

A discovery letter dated March 10, 2022 from the United States Attorney's Office for the Eastern District of New York to defense counsel in United States v. Anuli Okeke, Criminal Docket No. 22-20 (FB), filed as Document 14 in the U.S. District Court for the Eastern District of New York. It encloses the government's discovery under Rule 16 of the Federal Rules of Criminal Procedure, listing Bates-numbered records: the defendant's statements from an interview on October 26, 2020, a criminal history search, Consolidated Edison account records, and Popular Bank employment and policy documents. It addresses examination reports, expert witnesses, Brady material and Fed. R. Evid. 404(b) notice. The letter requests reciprocal discovery under Rule 16(b), demands notice under Fed. R. Crim. P. 12.3, and is signed by an Assistant U.S. Attorney.

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U.S. Department of Justice 
 
 
United States Attorney 
Eastern District of New York 
 
CWE 
271 Cadman Plaza East 
F. #2020R00955 
Brooklyn, New York 11201 
 
 
 
March 10, 2022 
 
By Email and ECF 
 
Sanford Talkin, Esq. 
Talkin, Muccigrosso & Roberts, LLP 
40 Exchange Place 
18th Floor 
New York, New York 10005 
 
Re: 
United States v. Anuli Okeke 
Criminal Docket No. 22-20 (FB) 
 
Dear Counsel: 
 
Enclosed please find the government’s discovery in accordance with Rule 16 of 
the Federal Rules of Criminal Procedure.  The government also requests reciprocal discovery 
from the defendant. 
I. 
The Government’s Discovery 
A. 
Statements of the Defendant 
The following documents and records include the defendant’s statements to law 
enforcement agents during an interview on October 26, 2020, Bates-numbered 
DOJ_OKEKE_000022 – DOJ_OKEKE_000041. 
B. 
The Defendant’s Criminal History 
Enclosed are copies of the following items reflecting the defendant’s criminal 
history:  Federal records database search, Bates-numbered DOJ_OKEKE_000001–
DOJ_OKEKE_000010. 
Case 1:22-cr-00020-FB     Document 14     Filed 03/10/22     Page 1 of 3 PageID #: 38

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C.
Documents and Tangible Objects
Enclosed please find:
•
Records received from Consolidated Edison, Inc. related to the defendant’s 
account history, Bates numbered DOJ_OKEKE_000011–
DOJ_OKEKE_000021 and
•
Documents from Popular Bank regarding the defendant’s employment 
history at the bank, Popular Bank’s policies and procedures for employees, 
and Popular Bank’s employee handbook and training guides, Bates-
numbered DOJ_OKEKE_000042–DOJ_OKEKE_000993.
You may examine the physical evidence discoverable under Rule 16, including 
original documents, by calling me to arrange a mutually convenient time. 
D.
Reports of Examinations and Tests
The government will provide you with copies of any reports of examinations or
tests in this case as they become available. 
E.
Expert Witnesses
The government will comply with Fed. R. Crim. P. 16(a)(1)(G) and Fed. R. Evid.
702, 703 and 705 and notify you in a timely fashion of any expert that the government intends to 
call at trial and provide you with a summary of the expert’s opinion. 
F.
Brady Material
The government is not aware of any exculpatory material regarding the defendant.
The government understands and will comply with its continuing obligation to produce 
exculpatory material as defined by Brady v. Maryland, 373 U.S. 83 (1963), and its progeny. 
Before trial, the government will furnish materials discoverable pursuant to Title 
18, United States Code, Section 3500, as well as impeachment materials.  See Giglio v. United 
States, 405 U.S. 150 (1972). 
G.
Other Crimes, Wrongs or Acts
The government will provide the defendant with reasonable notice in advance of
trial if it intends to offer any material under Fed. R. Evid. 404(b). 
II.
The Defendant’s Required Disclosures
The government hereby requests reciprocal discovery under Rule 16(b) of the 
Federal Rules of Criminal Procedure.  The government requests that the defendant allow 
inspection and copying of (1) any books, papers, documents, data, photographs, tapes, tangible 
objects, or copies or portions thereof, that are in the defendant’s possession, custody or control, 
and that the defendant intends to introduce as evidence or otherwise rely on at trial, and (2) any 
Case 1:22-cr-00020-FB     Document 14     Filed 03/10/22     Page 2 of 3 PageID #: 39

 
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results or reports of physical or mental examinations and of scientific tests or experiments made 
in connection with this case, or copies thereof, that are in the defendant’s possession, custody or 
control, and that the defendant intends to introduce as evidence or otherwise rely upon at trial, or 
that were prepared by a witness whom the defendant intends to call at trial. 
The government also requests that the defendant disclose prior statements of 
witnesses who will be called by the defendant to testify.  See Fed. R. Crim. P. 26.2.  In order to 
avoid unnecessary delays, the government requests that the defendant have copies of those 
statements available for production to the government no later than the commencement of trial. 
The government also requests that the defendant disclose a written summary of 
testimony that the defendant intends to use as evidence at trial under Rules 702, 703, and 705 of 
the Federal Rules of Evidence.  The summary should describe the opinions of the witnesses, the 
bases and reasons for the opinions, and the qualification of the witnesses. 
Pursuant to Fed. R. Crim. P. 12.3, the government hereby demands written notice 
of the defendant’s intention, if any, to claim a defense of actual or believed exercise of public 
authority, and also demands the names and addresses of the witnesses upon whom the defendant 
intends to rely in establishing the defense identified in any such notice. 
III.   
Future Discussions 
If you have any questions or requests regarding further discovery or a disposition 
of this matter, please do not hesitate to contact me. 
Please be advised that, pursuant to the policy of the Office concerning plea offers 
and negotiations, no plea offer is effective unless and until made in writing and signed by 
authorized representatives of the Office.  In particular, any discussion regarding the pretrial 
disposition of a matter that is not reduced to writing and signed by authorized representatives of 
the Office cannot and does not constitute a “formal offer” or a “plea offer,” as those terms are 
used in Lafler v. Cooper, 132 S. Ct. 1376 (2012), and Missouri v. Frye, 132 S. Ct. 1399 (2012). 
Very truly yours, 
 
BREON PEACE 
United States Attorney 
 
By: 
 /s/ Chand W. Edwards-Balfour   
 
Chand W. Edwards-Balfour 
 
Assistant U.S. Attorney 
 
(718) 254-6238 
 
Enclosures 
 
cc:  
Clerk of the Court (FB) (by ECF) (without enclosures) 
Case 1:22-cr-00020-FB     Document 14     Filed 03/10/22     Page 3 of 3 PageID #: 40

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