United States Attorney Letter, Discovery Productions — United States v. Jacob Carter et al. (Dkt. 81)

Summary

A letter dated March 18, 2022, Document 81, from the United States Attorney, Southern District of New York, to Jacob Carter and counsel, in United States v. Jacob Carter et al., 21 Cr. 681 (NSR). It updates the discovery productions and asks for a hard drive so the Government can make a further production. The first production was made available on or about January 28, 2022. The second production is expected to include sets from Apple iCloud returns and cellphones, a GPS warrant for cellphones and associated data, additional subpoena returns, additional SBA applicant files and emails from the Office of Special Investigations, by the end of March if the drives arrive. The signature block names Courtney L. Heavey and Jeffrey Coffman, Assistant United States Attorney.

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Full text

         Case 7:21-cr-00681-NSR Document 81 Filed 03/18/22 Page 1 of 2
                                         U.S. Department of Justice
[Type text]
                                                      United States Attorney
                                                      Southern District of New York
                                                      The Silvio J. Mollo Building
                                                      One Saint Andrew’s Plaza
                                                      New York, New York 10007



                                                      March 18, 2022

BY EMAIL AND ECF
Jacob Carter
John Wallenstein, Esq.
Richard Willstatter, Esq.
Michael Burke, Esq.
Steven Brill and Elon Berk, Esq.


    Re:    United States v. Jacob Carter et al., 21 Cr. 681 (NSR)

Dear Counsel, Stand-by Counsel and Mr. Carter:

       We write to provide an update with respect to the discovery productions in the above-
captioned matter and to request that you provide a hard drive of at least 200 gigabytes so that we
can make a further discovery production.1

        As you are aware, the Government made its first discovery production available to you on
or about January 28, 2022. Mr. Carter, we once again remind you that these materials are available
for your review, and we once again request that you provide a hard drive of at least 500 gigabytes
so that we can copy and send that production to you. 2 We have provided the first production to
your stand-by counsel, Mr. Wallenstein. As the Court directed at our last pre-trial conference,
please provide the requested hard drive at your earliest convenience so that we can send you the
materials from our first production and the materials we are preparing for our second production.

       As noted in our least pre-trial conference, the Government is in the process of preparing a
second production of materials, which we expect will include the following:
                   Identified sets from Apple iCloud returns and cellphones
1
  You are welcome to send back the 1 terabyte drive that you previously provided for the
Government’s first production. However, if you are going to send us the same drive in the mail,
please make sure that the drive no longer contains the contents of the Government’s first
production. As we noted in connection with the Government’s first production, the Government
was unable to encrypt the drive due to the complexity of the data, and it contains sensitive personal
identifying information and thus should not be sent through the mail.
2
  As a reminder, some of the materials from the Government’s first production are marked
“sensitive,” and thus are not materials for which you will be able to keep a copy in your individual
possession. However, you can review these materials at our Offices, at Mr. Wallenstein’s office,
or in the presence of any counsel or paralegal working with Mr. Wallenstein


                                                                                             2022.01.24
         Case 7:21-cr-00681-NSR Document 81 Filed 03/18/22 Page 2 of 2

                                                                                           Page 2


                      Pen and Ping GPS warrant for cellphones and the associated data
                      Additional subpoena returns
                      Additional SBA applicant files
                      Additional materials, including emails received from the Office of Special
                       Investigations.

       The Government expects to be able to produce the above-described materials by the end of
March, assuming you are able to provide the required hard drives in the next week. But we will
of course let you know if anything changes with respect to that expected timing. We expect that
we will have at least one other production of materials, which we expect to be able to produce by
mid-April and believe that we will be able to produce these materials without a further hard drive.

       As always, we will continue to keep you updated of any changes in our expected timeframe
for productions, and please let us know if you have any questions or would like to discuss.


                                             Sincerely,

                                             DAMIAN WILLIAMS
                                             United States Attorney



                                         by: _____________________________
                                             Courtney L. Heavey
                                             Jeffrey Coffman
                                             Assistant United States Attorney
                                             (212) 637-2413




                                                                                           2022.01.24


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