Deferred Prosecution Outcome - Noel & Thomas Avoid Trial with Community Service

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Case No. 19-mj-10108 UNITED STATES OF AMERICA v. TOVA NOEL and MICHAEL THOMAS, Defendants. CRIMINAL COMPLAINT The United States of America, by its attorney, charges that on or about August 9-10, 2019, TOVA NOEL and MICHAEL THOMAS conspired to defraud the United States and make false records. SPECIFIC ALLEGATIONS: FAILURE TO CONDUCT REQUIRED ROUNDS: BOP policy required correctional officers to conduct counts and rounds of inmates in the Special Housing Unit every 30 minutes. On the overnight shift of August 9-10, 2019: - Noel and Thomas did not conduct any of the required rounds during their shift - They did not physically check on any inmate in the SHU, including Epstein - Video surveillance confirmed they remained at their desk area for the duration FALSIFIED RECORDS: Despite not conducting rounds, both officers: - Signed and initialed count sheets indicating they had performed the checks - Created false records documenting rounds that never occurred - Filed official documents containing materially false information ACTIVITIES DURING SHIFT: Instead of conducting required rounds, the complaint alleges that: - Both officers appeared to have been sleeping for extended periods - They browsed the internet (sports news, motorcycle sales, travel websites) - They moved furniture around in the common area - No officer physically checked the SHU tier where Epstein was housed DISCOVERY OF DEATH: At approximately 6:30 AM on August 10, when officers finally entered the SHU for the morning count, they found Epstein unresponsive in his cell with a strip of bedsheet around his neck. Source: SDNY Court Records / DOJ Available at: https://www.justice.gov/usao-sdny