Letter, Update on the Status of Kidney Transplantation Procedure — United States v. Agnello (Dkt. 53)

Summary

A letter dated August 4, 2026 from Robert V. Beltrani, attorney for Carmine G. Agnello, to the Honorable Nusrat J. Choudhury in United States v. Carmine G. Agnello, 24-CR-366 (NJC), Document 53, filed 08/04/26. It updates the Court on the kidney transplantation procedure scheduled initially for August 3, 2026, and says the recipient has a serious infection requiring antibiotics, which has prompted what is expected to be a minor delay. If the procedure does not take place on August 3, 2026, Agnello must self-surrender to the Bureau of Prisons by 2:00 p.m. on August 10, 2026. It asks that, if the procedure takes place before August 10, 2026, the Court consider allowing self-surrender by 2:00 pm on September 18, 2026. Attached is a July 30, 2026 telephone encounter note saying the OR needs to be cancelled due to a recipient issue.

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Case 2:24-cr-00366-NJC Document53 _ Filed 08/04/26 Page 1 of 6 PagelD #: 2252

LAW OFFICES OF

ROBERT BELTRANI & ASSOCIATES P.C.
220 Mineola Blvd, Mineola, New York 11501
Ph: (516) 741-2405
Email rvbeltranilaw@gmail.com

August 4", 2026

Honorable Nusrat J. Choudhury
United States District Judge
United States District Court
Eastern District of New York
100 Federal Plaza

Central Islip, New York 11722

Re: United States v. Carmine G. Agnello, 24-CR-366 (NJC)

Consonant with this Court’s directives I am writing the Court to provide an update on the status of
kidney transplantation procedure scheduled initially for August 3, 2026. As you know Mr.
Agnello’s treating physician and the treating physician of the anticipated organ recipient
previously attested that the procedure was scheduled for August 3, 2026. (See ECF Nos. 49, 50)

I have been advised that the kidney donor recipient was tested last week in preparation for same
and has a serious infection requiring a battery of antibiotics which has prompted what is expected
to be a minor delay in the transplantation (See Attachments).

It is nonetheless hoped that she will be cleared for surgery in the coming days and Mr. Agnello
stands ready to provide the donation and simply awaits word of a greenlight for surgery.

It is understood that given “that the anticipated organ transplant procedure does not take place on
August 3, 2026, Mr. Agnello must self-surrender to the Bureau of Prisons by 2:00 p.m. on August
10, 2026.

Notwithstanding same we do have high hopes that the procedure may take place before August
10", 2026, in which case we would ask that the Court would consider allowing Mr. Agnello to
“self-surrender to the Bureau of Prisons by 2:00 pm on September 18, 2026,” consonant with the
general spirit of this Court’s deferment order.

Obviously if the Hospital is unable to proceed by the 10" because the recipient’s infection has not
abated, we will apprise the Court forthwith and Mr. Agnello would surrender to the Bureau of
Prisons as directed by no later than 2:00 p.m. on August 10, 2026.

Unfortunately, much to my consternation the profile of this case would seem to be causing extra
delays with the Hospital’s legal department. I apologize for not being in a position to provide more
complete information.

Thank you for the Court’s time and consideration.
Case 2:24-cr-00366-NJC Document53 _ Filed 08/04/26

Respectfully submitted,
/s/ Robert Beltrani
ROBERT BELTRANI & ASSOCIATES, P.C.

By: /s/ Robert V Beltrani

Robert V. Beltrani

220 Mineola Boulevard

Mineola, New York 11501

(516) 741-2405

rvbeltranilaw@gmail.com

Attorney for Defendant Carmine G. Agnello
For the Limited Purpose Set Forth Herein

cc: Counsel for the Government (via ECF)

Page 2 of 6 PagelD #: 2253
Case 2:24-cr-00366-NJC Document53 _ Filed 08/04/26 Page 3 of 6 PagelD #: 2254

| Gmail Robert Beltrani <rvbeltranilaw@gmail.com>

Re: setRE: Gotti and Agnello [NYULH-OGC.FID71886]

Robert Beltrani <rvbeltranilaw@gmail.com> Tue, Aug 4, 2026 at 12:33 PM
To: “Lowy, Lynn" <Lynn.Lowy@nyulangone.org>
Ce: "Urblawfirm@aol.com" <jrblawfirm@aol.com>

Ms. Lowy, at this point | will take an enail. My preference would be on letterhead bit as | indicated earlier, time is of the
essence.

Please send what you can. Thank you again for your assistance. Also, if they have an anticipated.new surgery date
please include that along with a brief description as to why it was postponed.

Sincerely,

Robert V. Beltrani Esq.

The Law Offices of Robert V. Beltrani
220 Mineola Bivd. Suite 10

Mineola, New York 11501
(917) 886-8540

CONFIDENTIALITY NOTICE: THIS E-MAIL MESSAGE (AND ANY ATTACHMENTS HERETO) IS INTENDED ONLY FOR THE USE OF THE NAMED RECEIPIENT(S) AND MAY CONTAIN
LEGALLY PRIVILEGED ATTORNEY-CLIENT INFORMATION AND/OR CONFIDENTIAL OR PROPRIETARY INFORMATION, AND/OR MAY CONTAIN ATTORNEY WORK PRODUCT, THAT
IS EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR OR YOU ARE NOT THE NAMED RECIPIENT(S), YOU MAY NOT
REVIEW, DISSEMINATE, DISTRIBUTE OR COPY THIS MESSAGE (OR ANY ATTACHMENTS HERETO) AND WE REQUEST THAT YOU PLEASE IMMEDIATELY NOTIFY THE SENDER BY
REPLY E-MAIL AND DELETE THIS E-MAIL MESSAGE AND ANY ATTACHMENTS FROM YOUR COMPUTER. THANK YOU.

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE INTERNAL REVENUE SERVICE, WE INFORM YOU THAT ANY U.S. FEDERAL
TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE
OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR {Il} PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TRANSACTION OR
MATTER ADDRESSED HEREIN.

On Tue, Aug 4, 2026, 12:23 PM Lowy, Lynn <Lynn.Lowy@nyulangone.org> wrote:

Is an email addressed to you from the health care team sufficient? Do you need a pdf on letterhead?

Please send your specific request to me so that | can facilitate getting the information regarding the patient to you in a timely
manner.

Lynn

Lynn Feldman Lowy

Senior Counsel (Patient Care and Medical Staff)

NYU Langone Health
One Park Avenue, 3rd Floor

New York, NY 10016
Case 2:24-cr-00366-NJC Document53 _ Filed 08/04/26 Page 4 of 6 PagelD #: 2255

Phone: 212-404-4072
Fax: 212-404-4092

NOTICE: This e-mail {including any attachments) is intended solely for the designated recipient(s) and may contain
privileged, proprietary, confidential or otherwise private information. Unauthorized use, copying, disclosure or
distribution of this e-mail, in whole or in part, is strictly prohibited. If you have received this e-mail in error, please
notify the sender immediately by reply e-mail and delete the original (including any attachments). Thank you.

From: Jrblawfirm@aol.com <jrblawfirm@aol.com>

Sent: Tuesday, August 4, 2026 12:16 PM

To: Lowy, Lynn <Lynn.Lowy@nyulangone.org>; Robert Beltrani <rvbeltranilaw@gmail.com>
Subject: Re: setRE: Gotti and Agnello [NYULH-OGC.FID71886]

[EXTERNAL]

Good morning Ms. Lowy:
Just following up. We need to efile the letter today.

Please help us.
Thanks

Law Offices of Joseph R. Bongiorno & Associates
220 Mineola Blvd, Suite 10

Mineola, NY 11501

516-741-2405

Fax 516 741-2554

On Tuesday, August 4, 2026 at 10:13:27 AM EDT, Robert Beltrani <rvbeltranilaw@gmail.com> wrote:

Good morning, as you are aware the transplant surgery has been delayed. The recipient has been told legal
needs to be involved here. | am required to notify the court today. Im hoping to get a letter from the doctors
explaining why the surgery did not take place and if possible an anticipated new surgery date.
Case 2:24-cr-00366-NJC Document53 _ Filed 08/04/26 Page 5 of 6 PagelD #: 2256

Once again, time is if the essence. I've been informed that the team was ready willing and able to provide this
information but was instructed that it had to go through the legal department. Your cooperation is greatly
appreciated. Thank you in advance.

Sincerely,

Robert V. Beltrani Esq.

The Law Offices of Robert V. Beltrani
220 Mineola Blvd. Suite 10

Mineola, New York 11501

(917) 886-8540

CONFIDENTIALITY NOTICE: THIS E-MAIL MESSAGE {AND ANY ATTACHMENTS HERETO} IS INTENDED ONLY FOR THE USE OF THE NAMED RECEIPIENT(S} AND MAY
CONTAIN LEGALLY PRIVILEGED ATTORNEY-CLIENT INFORMATION AND/OR CONFIDENTIAL OR PROPRIETARY INFORMATION, AND/OR MAY CONTAIN ATTORNEY WORK
PRODUCT, THAT IS EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR OR YOU ARE NOT THE NAMED
RECIPEENT(S), YOU MAY NOT REVIEW, DISSEMINATE, DISTRIBUTE OR COPY THIS MESSAGE (OR ANY ATTACHMENTS HERETO) AND WE REQUEST THAT YOU PLEASE
IMMEDIATELY NOTIFY THE SENDER BY REPLY E-MAIL AND DELETE THIS E-MAIL MESSAGE AND ANY ATTACHMENTS FROM YOUR COMPUTER. THANK YOU.

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE INTERNAL REVENUE SERVICE, WE INFORM YOU THAT ANY U.S.
FEDERAL TAX ADVICE CONTAINED JN THIS COMMUNICATION {INCLUDING ANY ATTACHMENTS} IS NOT INTENDED OR WRITTEN TO 8E USED, AND CANNOT BE USED,
FOR THE PURPOSE OF (I} AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR {II} PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY
ANY TRANSACTION OR MATTER ADDRESSED HEREIN.

On Wed, Jul 15, 2026, 8:25 AM Lowy, Lynn <Lynn.Lowy@nyulangone.org> wrote:

| will.

Get Outlook for iOS

From: Jrblawfirm@aol.com <jrblawfirm@aol.com>

Sent: Wednesday, 15 July 2026 08:21:50

To: Lowy, Lynn <Lynn.Lowy@nyulangone.org>

Cc: Robert Beltrani <rvbeltranilaw@gmail.com>

Subject: Re: setRE: Gotti and Agnello [NYULH-OGC.FID71886]

[EXTERNAL]

Good morning I am sorry to bother you, can you please inquire as to the declarations so that I can efile today.
Case 2:24-cr-00366-NJC Document53 _ Filed 08/04/26

xO = wil QD

C Past Visit Details x :

Telephone - Jul 30, 2026

with Carly McNulty, RN at NYU Langone Transplant
Institute

Telephone Encounter by Carly McNulty, RN
at 7/30/2026 12:38 PM

Per Dr. Ali, OR needs to be cancelled
due to recipient issue. Relayed to
patient. Patient will speak with
recipient, he is aware donor team will
reach out when able to reschedule
per Dr. Ali.

Page 6 of 6 PagelD #: 2257


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