United States Attorney Eastern District of New York: U.S. Department of Justice
United States Attorney Eastern District of New York: U.S. Department of Justice
Pleases find enclosed a thumb drive that contains the following items. These
items are subject to the terms of the protective order entered by the Court on or about August
13, 2019.
Case 1:19-cr-00286-AMD Document 23 Filed 08/15/19 Page 2 of 10 PageID #: 140
Discovery
Description
Exhibit
2 Delta Airlines records for Robert Kelly on 12/14/2010, 4/13/2011 and 5/4/2011
SunTrust Bank records for Robert Kelly, R. Kelly Publishing Inc., and RSK
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Enterprises LLC
Bank of America records for Milton Brown and RSK Entertainment Worldwide,
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Inc.
JPMorgan Chase Bank records for Milton Brown, Robert Kelly, RSK Enterprises
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LLC and Derrel McDavid
2
Case 1:19-cr-00286-AMD Document 23 Filed 08/15/19 Page 3 of 10 PageID #: 141
14 JPMorgan Chase Bank records for Derrel McDavid and Robert Kelly
Bank of America records for Jones Entertainment Group, Inc., Jones Consulting
15
Group and Gerald H. Jones
Self Help Federal Credit Union records for Kelly Home Account and Bass
17
Productions Ltd.
18 Consencia LLC records for Robert Kelly and RSK Enterprises LLC
Citibank records for Derrel McDavid, 310 Madison LLC, Winkler & McDavid,
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Winkler & McDavid Ltd., 108 Kinzie LLC and Derrel McDavid Rev Trust Fund
Self Help Federal Credit Union records for Bass Productions, R. Kelly Touring
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Inc., Kelly Home Account and Milton Brown
3
Case 1:19-cr-00286-AMD Document 23 Filed 08/15/19 Page 4 of 10 PageID #: 142
Foxwoods Resort Casino records for various individuals, including Jane Doe #4,
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from 7/16/2015 to 7/23/2015
W Chicago Lakeshore records for various individuals, including Jane Doe #4,
33
from 11/12/2015 to 11/16/2015 and 11/22/2015 to 5/22/2016
Walt Disney World Dolphin Hotel records for various individuals from 4/20/2015
37
to 4/24/2015
Night Hotels Times Square records for various individuals from 7/12/2015 to
38
7/16/2015
4
Case 1:19-cr-00286-AMD Document 23 Filed 08/15/19 Page 5 of 10 PageID #: 143
Planet Hollywood Resort and Casino Las Vegas records for various individuals,
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including Jane Doe #4, from 5/5/2017 to 5/7/2017
DoubleTree Chicago Magnificent Mile records for Jane Doe #4 from 6/23/2015 to
41
7/1/2015
Hotel Felix Chicago records for Jane Doe #4 from 5/29/2015 to 6/5/2015 and
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9/21/2015 to 9/24/2015
W New York Times Square records for various individuals from 10/7/2016 to
45
10/8/2016
5
Case 1:19-cr-00286-AMD Document 23 Filed 08/15/19 Page 6 of 10 PageID #: 144
Text messages, pictures and social media communication between Jane Doe #4
68
and Jane Doe #4’s friend
6
Case 1:19-cr-00286-AMD Document 23 Filed 08/15/19 Page 7 of 10 PageID #: 145
Text messages, pictures and social media communication between Jane Doe #4
69
and Jane Doe #4’s friend
73 Photograph
74 Pamphlet
75 Abandoned property
Illinois Secretary of State records, including entity information and annual reports
78
for Bass Productions Ltd., R. Kelly Publishing Inc., and RSK Enterprises LLC
81 Text messages, pictures, emails, and audio recordings provided by Jane Doe #5
7
Case 1:19-cr-00286-AMD Document 23 Filed 08/15/19 Page 8 of 10 PageID #: 146
Holiday Inn Express North Hollywood records for various individuals from
84
11/19/2017, 12/14/2017 to 12/30/2017 and 1/15/2018 to 1/24/2018
The government is also in possession of documents and digital media that was
seized from 401 North Wabash Avenue, Apartment 48F, Chicago, Illinois. Upon completion
of the government’s review of the digital material seized, the government will provide to the
defense copies of the seized digital media or otherwise make it available.
You may examine the physical evidence discoverable under Rule 16,
including original documents, by calling me to arrange a mutually convenient time.
The government will provide you with copies of any reports of examinations
or tests in this case as they become available.
C. 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.
D. Brady Material
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).
The government hereby requests reciprocal discovery under Rule 16(b) of the
Federal Rules of Criminal Procedure. The government requests that the defendant allow
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Case 1:19-cr-00286-AMD Document 23 Filed 08/15/19 Page 9 of 10 PageID #: 147
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.
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 period of incarceration
at a BOP facility (collectively, “BOP email communications”). While 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 August 22, 2019. 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.
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Case 1:19-cr-00286-AMD Document 23 Filed 08/15/19 Page 10 of 10 PageID #: 148
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).
RICHARD P. DONOGHUE
United States Attorney
Enclosures
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