EPSTEIN
page 2 / 2083 . OCR, unverified
[or] document . .. with the intent to impede, obstruct, or influence the ... proper administration of any matter .. or in
relation to or contemplation of any such matter." A defendant must "knowingly" falsify documents or make false entries
"with the intent to impede, obstruct, or influence." Section 1519 "requires only proof that the accused knowingly
committed one of several acts, including falsification of a document or falsification of a record, and did so 'with the intent
to impede, obstruct, or influence the investigation or proper administration' of a federal matter." Yielding, 657 F.3d at 711.
Provided a defendant commits an act knowingly — here, that he or she knowingly made an entry in a record that was not
true — then the question is whether the defendant did so with the intent to obstruct or influence the investigation or
administration of a matter.
EFTA00089106
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It is settled that knowledge of a pending federal investigation is not an element of the crime. See United States v.
Gray, 642 F.3d 371, 378-79 (2d Cir. 2011) ("By the plain terms of § 1519, knowledge of a pending federal investigation or
proceeding is not an element of the obstruction crime."); United States v. Cassette, 593 F. App'x 28, 31 (2d Cir. 2014)
(same). Additionally, there is no requirement that an investigation be pending or imminent. See Gray, 642 F.3d at 377 ("in
enacting § 1519, Congress rejected any requirement that the government prove a link between a defendant's conduct and
an imminent or pending official proceeding"); Yielding, 657 F.3d at 711 ("The statute . . . does not allow a defendant to
escape liability for shredding documents with intent to obstruct a foreseeable investigation of a matter ... just because
the investigation has not yet commenced."). There is also no requirement that there be a nexus or link between the
defendant's conduct and an official proceeding. Gray, 642 F.3d at 377. Rather, in general, courts have found that
defendants acted "in contemplation of" or "in relation to" a federal matter when a reasonable fact-finder could infer that
the defendants' behavior was in anticipation of an investigation. Such evidence includes notice of a possible investigation,
previous knowledge that the matter could be the subject of an investigation, or communications with other parties to
design an appearance of legitimacy. See Gray, 642 F.3d at 378 (affirming a § 1519 conviction for corrections officers who
did not report the abuse of an inmate by other officers, finding there was sufficient evidence that their actions were in
"contemplation" of a matter since the defendant had been trained to report any improper use of force and omitted the
beating in an official report); see also United States v. Kernel!, 667 F.3d 746, 755 (6th Cir. 2012). Similarly, if a defendant
believe that a false record "would be reviewed" or inspected some time in the future, that is sufficient for the false entry
to satisfy the "in contemplation" prong. Taohim, 529 F. App'x 969 (11th Cir. 2013).
3. Jurisdictional Element
A matter is "within the jurisdiction of any department or agency of the United States" if the department or agency
has power to exercise authority in a particular situation. United States v. Ionia Mgmt. S.A., 526 F.Supp.2d 319, 329 (D.
Conn. 2007), aff'd, 555 F.3d 303 (2d Cir. 2009). Here, there's no question that the matter is within the purview of the BOP
and the DOJ.
Let us know if you have any questions.
Assistant United States Attorney
United States Attorney's Office
Southern District of New York
One St. Andrew's Plaza
New York, New York 10007
EFTA00089107
--- SOURCE: 0005__EFTA00089108.txt ---
METADATA_SOURCE: 0005
METADATA_FILENAME: EFTA00089108.pdf
----------------------------------------
U.S. Department of Justice
Federal Bureau of Prisons
Memorandum
Federal Correctional Institution
DATE:
August 10, 2019
TO
REPLY
ATTN OF:
Operations Lieutenant
SUBJECT: Inmate Epstein, Jeffrey (#76318-054)
On August 10, 2019 at approximately 6:33 A.M. The Special housing unit Shu#1 Officer
announced by via
radio medical emergency on 9 South upon arrival, officer=stated to me that inmate Epstein had hung himself.
As I entered cell Z06-220 on L-tier, I witnessed inmate Epstein on the floor of his cell unresponsive with Shu#2
officerMerforming life- saving CPR on him. I immediately relieved him and begin administering CPR
continuously until relieved by clinical nurse
who continued to perform CPR. I then notified the control
center to call 911 emergency services at 6:35 a.m.; CPR was being continuously administered as inmate Epstein was
escorted to the 2nd FL. Health Service Area, while in the medical area I witnessed nurse
continuously
performing CPR on inmate Epstein until relieved by EMT staff at 6:43 am. Inmate Epstein #76318-054 was escorted
from the medical area to the Rear-gate area where he was transferred into EMS ambulance 04D at 7:10 am with #1