EFTA00031025.pdf

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Source set: data-set-8
Extracted text

Case 1:20-cv-00833-PAE Document 22 Filed 08/05/20 Page 1 of 13 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
THE NEW YORK TIMES COMPANY, 
Plaintiff, 
No. 20-CV-833(PAE) 
v. 
FEDERAL BUREAU OF PRISONS, 
Defendant. 
DECLARATION OF RUSSELL CAPONE 
I, Russell Capone, hereby declare as follows: 
1. 
I am Counsel to the Acting United States Attorney in the United States Attorney's 
Office for the Southern District of New York ("USAO-SDNY"). I have served in this capacity 
since June 2020. Prior to my current role, I served as Deputy Chief and then Chief of the Public 
Corruption Unit in the USAO-SDNY from July 2017 and as an Assistant United States Attorney 
from January 2011. I supervised the Noel prosecution directly in my prior role as Chief of the 
Public Corruption Unit, and I play a supervisory role over both the Noel and Tartaglione 
prosecutions in my current role as Counsel to the Acting United States Attorney. 
2. 
I am familiar with the Freedom of Information Act requests filed by the New 
York Times Company (the "FOIA Requests") that are the subject of this case, which seek 
records related to the incarceration of Jeffrey Epstein at the Metropolitan Correctional Center 
("MCC"). I am also familiar with the responsive records that defendant the Federal Bureau of 
Prisons ("BOP") has withheld pursuant to exemptions 5, 6, 7(A), 7(C), 7(E), and 7(F) of FOIA, 5 
U.S.C. § 552(b)(5)-(7). In addition, I am familiar with the proceedings in United States of 
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Case 1:20-cv-00833-PAE Document 22 Filed 08/05/20 Page 2 of 13 
America v. Noel, 19-CR-830 (Al), and United States of America v. Tartaglione, 16-CR-832 
(KMK). True and correct copies of the Indictment filed in Noel on November 19, 2019 (the 
"Noel Indictment"), and the Superseding Indictment filed in Tartaglione on April 16, 2019 (the 
"Tartaglione Indictment"), are attached hereto as Exhibits A and B, respectively. The statements 
contained in this declaration are based on my pers…
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