EPSTEIN
page 5 / 549 . OCR, unverified
Department,
, and should include the names of
everyone attending the meeting, including, but not limited to,
attorneys, paralegals, interpreters, investigators, co-defendants
on bail and co-defendants at MCC New York. Please indicate which
attorney represents each inmate. Also, please include with the
request a copy of the first page of the indictment showing that
the requested parties are co-defendants. This must be provided
every time a meeting is requested.
Separation Orders: An inmate with a "separation order" is
prohibited from coming in contact with the inmate from whom he or
she is separated. Such a restriction would normally prevent a
co-defendant meeting. Ordinarily, the request can be
accommodated if the AUSA who placed the separation order notifies
the institution that the separation does not apply to co-
defendant meetings. However, if the inmates have been separated
due to security concerns, whether based on information developed
by an outside agency or the Bureau of Prisons, MCC has the
discretion to not allow the meeting. Attorneys who are aware of
separation orders between co-defendants should include with their
request the name and phone number of the AUSA assigned to the
case in question. These requests should be made as far in
advance as possible, as the meeting will not be scheduled if the
responsible Assistant United States Attorney cannot be contacted.
For co-defendant meetings that involve one or more inmates from
MCC New York and one or more inmates from MDC Brooklyn, it is the
responsibility of the defense attorney to contact the responsible
Assistant United States Attorney, who will, in turn, contact the
USMS to arrange transportation of the inmate. The Bureau of
Prisons does not transport inmates for co-defendant meetings.
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The request for the meeting should be sent to both MCC and MDC
Legal Departments. MDC Brooklyn's Legal Department fax number is
(718) 840-4250.
12. Foreign Attorneys
Attorneys who are not licensed in a state or jurisdiction of the
United States must provide verification of their status as a
licensed attorney in good standing in a foreign jurisdiction,
prior to their initial visit. Foreign attorneys should contact
their respective Consulate Office, who will provide the attorney
official documentation (raised seal for most countries) stating
that the individual is in fact an attorney in good standing in
that country. The attorney must provide to the MCC New York
Legal Department, the original letter from his or her consulate
verifying the foreign attorney's status as a licensed attorney
in good standing. Once the status of the foreign attorney has
been confirmed, that attorney will be processed as a legal
visitor for future visits for one year only. The attorney may
request to be placed on the list on an annual basis by following
the above described procedure.
13. Social Visitors
Sea www.bop.gov, MCC New York Visiting Regulations.
B. Telephone Calls
1.
Unmonitored Telephone Calls
Inmates may place unmonitored telephone calls to their attorneys.
See 28 C.F.R. §540.105; and Program Statement 5264.07, Sec.8,
Telephone Regulations for Inmates.
All housing units, excluding
Special Housing Unit (SHU), have access to unmonitored telephones
with a direct connection to the SDNY Federal Public Defenders'
Office. Some units also have unmonitored telephones with a
direct connection to the EDNY Federal Public Defenders' Office.
If the inmate's attorney cannot be contacted on the provided
telephones, the inmate must specifically request Unit Team staff
assistance in writing. The Unit Team staff will review the
request, and if approved, the call may be placed from the Unit
Team's unmonitored telephones.
In order to receive an
unmonitored attorney call, the inmate or the inmate's attorney
must request Unit Team approval, demonstrating that other
correspondence, visiting, and normal telephone use is inadequate.
Inmate requests for unmonitored attorney calls are carefully
reviewed insofar as important Bureau interests are not affected.
Frequent unmonitored telephone calls increase an inmate's
opportunity to pursue illegal activities without detection.
Additionally, staff time and attention is unfairly focused on the
single inmate receiving numerous unmonitored telephone calls at
the expense of the many other inmates on a caseload.
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An attorney may not call an inmate. Attorneys who need to speak
with an inmate and do not anticipate that the inmate will call
them must visit the inmate in person or contact the inmate by
letter. Similarly, attorneys may not fax documents to inmates
or to MCC New York staff for delivery to inmates.
2.
Inmates Telephone System (ITS)
The Bureau of Prisons extends telephone privileges to inmates as
part of its overall correctional management strategy. See 28
C.F.R. §540.100, et seq., Subpart I - Telephone Regulations for