U.S. Department of Justice United States Attorney Eastern District of New York
MRM:KPO 271 Cadman Plaza East F. #2025R00053 Brooklyn, New York 11201
March 12, 2025 By E-Mail and ECF David M. Eskew Peter Toumbekis, Esq. Abell Eskew Landau LLP 281 Beaver Dam Road 256 5th Avenue, Ste 5th Floor Brookhaven, NY 11719 New York, NY 10001 (917) 325-3574 646-970-7342 ptoumbekis@gmail.com deskew@aellaw.com
Re: United States v. Dimitriy Nezhinskiy and Juan Villar Criminal Docket No. 25-40 (WFK) Dear Counsel: Enclosed please find discovery in accordance with Rule 16 of the Federal Rules of Criminal Procedure.” The government also requests reciprocal discovery from the defendant. I. The Government’s Discovery
A. Statements of the Defendant Videos from the arrests and statements from each defendant will be sent separately to their respective counsel: For both defendants, FBI body worn camera, DNJV_00000001 – DNJV_00000012. For Dimitriy Nezhinskiy only, DNJV_00000013-DNJV_00000016. For Juan Villar only, DNJV_00008225-DNJV_00008227
B. The Defendant’s Criminal History Records pertaining to the criminal history of each defendant will be sent separately to their respective counsel. For Dimitriy Nezhinskiy only, DNJV_00000017-DNJV_00000027. For Juan Villar only, DNJV_00000028-DNJV_00000036.
C. Documents and Tangible Objects Please find enclosed the following materials: Two affidavits and applications in support of search warrants for information associated with two iCloud Accounts, bearing Bates numbers DNJV_00000037-DNJV_00000107. Materials provided in response bear Bates number DNJV_00008767.
Affidavits and applications in support of search warrants for information associated with cellular devices ending in -1237, -3247, -6406 and -8811 bearing Bates numbers DNJV_00000133-DNJV_00000465. Materials provided in response bear Bates numbers DNJV_00000466- DNJV_00000495 and DNJV_00008254.
An affidavit and application in support of a search warrant for the search of a black iPhone, bearing Bates numbers DNJV_00000496-
DNJV_00000594.
An affidavit and application in support of a search warrant for the search of storage units located in New Jersey, bearing Bates numbers DNJV_00000595-DNJV_00000673, and photographs from the execution of this search warrant, bearing Bates numbers DNJV_00000740-
DNJV_00000747.
An affidavit and application in support of a search warrant for the search of Big Apple General Buyers located in New York, bearing Bates numbers DNJV_00000674-DNJV_00000739, and photographs from the execution of this search warrant, bearing Bates numbers, DNJV_00008256-
DNJV_00008766.
Information about Big Apple General Buyers, bearing Bates numbers
DNJV_00000108-DNJV_00000132.
License plate data for a grey Mazda, bearing Bates numbers
DNJV_00000748-DNJV_00000763.
Pole camera footage with video near Big Apple General Buyers, bearing Bates number DNJV_00008255. Materials provided by: American Express DNJV_00000764-
DNJV_00003098
CubeSmart DNJV_00003099-
DNJV_00003242
J.P. Morgan Chase DNJV_00003243-
DNJV_00007195
T-Mobile DNJV_00007196-
DNJV_00007232
Verizon, Inc. DNJV_00007233-
DNJV_00008224
Video and audio recordings of sales to defendants on the following dates: Date Bates Number October 18, 2022 DNJV_00008247 November 28, 2022 DNJV_00008248 January 4, 2023 DNJV_00008249 July 5, 2023 DNJV_00008250 September 13, 2023 DNJV_00008251 November 2, 2023 DNJV_00008252 January 31, 2024 DNJV_00008253 July 25, 2024 DNJV_00008254 August 1, 2024 DNJV_00008255
You may examine the physical evidence discoverable under Rule 16, including original documents, by calling me to arrange a mutually convenient time. D. Reports of Examinations and Tests A New York City Police Department firearm trace report, bearing Bates numbers DNJV_00008225 and an additional firearm trace report, bearing Bates numbers
DNJV_00008226-DNJV_00008227.
The government will provide you with copies of any additional reports of examinations or tests in this case as they become available. E. Expert Witnesses The government will comply with Fed. R. Crim. P. 16(a)(1)(G) and Fed. R. Evid. 702, 703 and 705 and notify you in a timely fashion of any expert that the government intends to call at trial and provide you with a summary of the expert’s opinion.
The identity, qualifications, and bases for the conclusions of each expert will be provided to you when they become available. F. Brady Material With respect to Overt Act (a) of Count One and Count Two, the witness who reported the relevant stolen merchandise as having been sold to Nezhinskiy and Villar, had previously reported to law enforcement (on or about August 18, 2021) that the merchandise had been sold to an individual named Junior, who operated at business at 47 47 th Street, New York, New York.
At this time, with the exception of the information set forth in the paragraph above, the government is unaware of any other Brady material. The government understands and will comply with its continuing obligation to produce exculpatory material as defined by Brady v. Maryland, 373 U.S. 83 (1963), and its progeny.
Before trial, the government will furnish materials discoverable pursuant to Title 18, United States Code, Section 3500, as well as impeachment materials. See Giglio v. United States, 405 U.S. 150 (1972).
G. Other Crimes, Wrongs or Acts The government will provide the defendant with reasonable notice in advance of trial if it intends to offer any material under Fed. R. Evid. 404(b). II. The Defendant’s Required Disclosures
The government hereby requests reciprocal discovery under Rule 16(b) of the Federal Rules of Criminal Procedure. The government requests that the defendant allow inspection and copying of (1) any books, papers, documents, data, photographs, tapes, tangible objects, or copies or portions thereof, that are in the defendant’s possession, custody or control, and that the defendant intends to introduce as evidence or otherwise rely on at trial, and (2) any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with this case, or copies thereof, that are in the defendant’s possession, custody or control, and that the defendant intends to introduce as evidence or otherwise rely upon at trial, or that were prepared by a witness whom the defendant intends to call at trial.
The government also requests that the defendant disclose prior statements of witnesses who will be called by the defendant to testify. See Fed. R. Crim. P. 26.2. In order to avoid unnecessary delays, the government requests that the defendant have copies of those statements available for production to the government no later than the commencement of trial.
The government also requests that the defendant disclose a written summary of testimony that the defendant intends to use as evidence at trial under Rules 702, 703, and 705 of the Federal Rules of Evidence. The summary should describe the opinions of the witnesses, the bases and reasons for the opinions, and the qualification of the witnesses.
Pursuant to Fed. R. Crim. P. 12.3, the government hereby demands written notice of the defendant’s intention, if any, to claim a defense of actual or believed exercise of public authority, and also demands the names and addresses of the witnesses upon whom the defendant intends to rely in establishing the defense identified in any such notice. III. Emails Sent and Received by Defendants Incarcerated at a Bureau of Prisons Facility
The government may request that the Bureau of Prisons (“BOP”) produce to the government emails sent and received by the defendant during his/her period of incarceration at a BOP facility (collectively, “BOP email communications”). Although it is the government’s position that BOP email communications, including those between the defendant and his attorneys and other legal assistants and paralegals on their staff, are not privileged communications, in most instances, the government will request that the BOP exclude from any production communications between the defendant and his or her attorneys and other legal assistants and paralegals on their staff, if you provide the full email addresses for such attorneys, legal assistants and paralegals by February 28, 2025. To enable this process, the government requests that you send an email to the undersigned Assistant U.S. Attorneys with the list of email addresses in the body of the email. If you subsequently wish to provide an email address for an additional attorney, legal assistant or paralegal or change any of the previously-provided email addresses, you should send an email with the complete list of email addresses, including email addresses that remain unchanged, in the body of the email. IV. Future Discussions
If you have any questions or requests regarding further discovery or a disposition of this matter, please do not hesitate to contact me. Please be advised that, pursuant to the policy of the Office concerning plea offers and negotiations, no plea offer is effective unless and until made in writing and signed by authorized representatives of the Office. In particular, any discussion regarding the pretrial disposition of a matter that is not reduced to writing and signed by authorized representatives of the Office cannot and does not constitute a “formal offer” or a “plea offer,” as those terms are used in Lafler v. Cooper, 132 S. Ct. 1376 (2012), and Missouri v. Frye, 132 S. Ct. 1399 (2012).
Very truly yours,
JOHN J. DURHAM
United States Attorney
By: /s/ Michael Maffei Michael Maffei Katherine P. Onyshko Sean M. Sherman Assistant U.S. Attorneys (718) 254-7000
Enclosures cc: Clerk of the Court (WFK) (by ECF) (without enclosures)
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