EFTA00031263

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA 19 Cr. 830 (AT) TOVA NOEL and MICHAEL THOMAS, : Defendants. x MEMORANDUM OF LAW OF THE UNITED STATES OF AMERICA IN OPPOSITION TO DEFENDANT MICHAEL THOMAS'S MOTION TO COMPEL GEOFFREY S. BERMAN United States Attorney Southern District of New York Assistant United States Attorneys - Of Counsel - EFTA00031263 TABLE OF CONTENTS PRELIMINARY STATEMENT 1 STATEMENT OF FACTS 2 I. The Indictment 2 II. Pretrial Discovery and the Defendant's Request for Additional Materials 3 A. The Government's Discovery Production 3 B. Defense Requests for Additional Discovery Materials 4 ARGUMENT 7 I. Applicable Law 7 A. Brady & Giglio 7 B. Rule 16 8 II. Thomas is Not Entitled to Additional Materials 8 A. The Government Has Satisfied its Discovery and Disclosure Obligations 8 B. The Requested Records Are Not "Material" to Preparing a Defense and Are Sought for the Impermissible Purpose of Jury Nullification 10 1.Applicable Law 10 2.Discussion 12 C. The Government is Not Required to Collect Materials From Agencies Who Were Not Part of the Prosecution Team 15 1.Applicable Law 16 2. Discussion 19 D. Any Draft Inspector General Report is Not Subject to Disclosure 21 E. Thomas Has Not Carried His Burden With Respect to Discovery of Material in Support of a Selective Prosecution Claim 24 I .Applicable Law 24 2.Discussion 26 CONCLUSION 29 EFTA00031264 TABLE OF AUTHORITIES Ca