Case 1:19-cr-00286-AMD Document 23 Filed 08/15/19 Page 1 of 10 PageID #: 139

U.S. Department of Justice

United States Attorney

Eastern District of New York

EAG 271 Cadman Plaza East

F. #2019R00029 Brooklyn, New York 11201

August 15, 2019

By Federal Express and ECF

Steve Greenberg, Esq.

53 W. Jackson Blvd., Suite 1260
Chicago, IL 60604

Re: United States v. Robert Sylvester Kelly

Criminal Docket No. 19-286 (AMD)

Dear Mr. Greenberg:

Enclosed please find the government’s 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, The Defendant’s Criminal History and

Documents and Tangible Objects

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.
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Discovery
Description
Exhibit

American Airlines records for Robert Kelly on 1/21/2012, 1/23/2012 and

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4/27/2018 and records for Jane Doe #4 on 4/29/2015

2 Delta Airlines records for Robert Kelly on 12/14/2010, 4/13/2011 and 5/4/2011

2a Business records certification

3 American Airlines records for Jane Doe #5 on 2/2/2018 and 2/4/2018

4 Southwest Airlines records for Jane Doe #4 on 8/30/2015

4a Business records certification

Southwest Airlines records for Jane Doe #5 on 4/21/2017, 5/18/2017, 5/20/2017,

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6/16/2017, 12/1/2017, 12/3/2017, 1/12/2018 and 1/14/2018

6 United Airlines records for Jane Doe #4 on 9/20/2015

6a Business records certification

7 U.S. Airways records for Jane Doe #4 for 5/2015

7a Business records certification

8 U.S. Airways flight manifests for 5/2015

SunTrust Bank records for Robert Kelly, R. Kelly Publishing Inc., and RSK
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Enterprises LLC

10 Wintrust Bank records for Phenomenon Entertainment Worldwide

10a Business records certification

Bank of America records for Milton Brown and RSK Entertainment Worldwide,
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Inc.

11a Business records certification

JPMorgan Chase Bank records for Milton Brown, Robert Kelly, RSK Enterprises
12
LLC and Derrel McDavid

12a Business records certification

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13 Lakeside Bank records for Bass Productions Ltd.

14 JPMorgan Chase Bank records for Derrel McDavid and Robert Kelly

14a Business records certification

Bank of America records for Jones Entertainment Group, Inc., Jones Consulting
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Group and Gerald H. Jones

16 Citibank records for Derrel McDavid

16a Business records certification

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

19a Business records certification

20 American Express records for Derrel McDavid

20a Business records certification

21 Citibank records for Derrel McDavid

21a Business records certification

22 SunTrust records for Robert Kelly

22a Business records certification

23 Wintrust Bank records for Phenomenon Entertainment Worldwide

23a Business records certification

Self Help Federal Credit Union records for Bass Productions, R. Kelly Touring
24
Inc., Kelly Home Account and Milton Brown

25 Medical records for Robert Kelly

26 Walgreens records for Robert Kelly

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26a Business records certification

27 Quality Urgent Care records

28 University Health Systems records

28a Business records certification

29 Birth certificate for Jane Doe #4

Hilton Long Island/Huntington records for various individuals, including Jane

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Doe #5, from 5/17/2017 to 5/20/2017

31 Statler Dallas records for various individuals from 12/1/2017 to 12/7/2017

31a Business records certification

Foxwoods Resort Casino records for various individuals, including Jane Doe #4,
32
from 7/16/2015 to 7/23/2015

W Chicago Lakeshore records for various individuals, including Jane Doe #4,
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from 11/12/2015 to 11/16/2015 and 11/22/2015 to 5/22/2016

33a Business records certification

Mondrian Park Avenue records for various individuals from 1/25/2018 to

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2/2/2018

35 Baccarat Hotel records for various individuals from 7/13/2015 to 7/17/2015

InterContinental Chicago Magnificent Mile records for various individuals,

36
including Jane Doe #4, from 6/16/2015 to 6/19/2015

36a Business records certification

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
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7/16/2015

38a Business records certification

Four Seasons Baltimore records for various individuals from 10/1/2016 to

39
10/2/2016 and 7/28/2017 to 7/30/2017

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Planet Hollywood Resort and Casino Las Vegas records for various individuals,
40
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
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7/1/2015

41a Business records certification

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

Courtyard by Marriott Sacramento-Folsom records for various individuals,

43
including Jane Doe #4, from 10/3/2015 to 10/4/2015

43a Business records certification

Courtyard by Marriott Newark records for an individual from 7/18/2015 to

44
7/19/2015

44a Business records certification

W New York Times Square records for various individuals from 10/7/2016 to
45
10/8/2016

46 Preferred Travel records for various individuals

47 Subscriber records from Apple Inc.

47a Business records certification

48 Subscriber records from Apple Inc.

48a Business records certification

49 Subscriber records from Apple Inc.

49a Business records certification

50 Subscriber records from Apple Inc.

50a Business records certification

51 Subscriber records from Oath Holdings Inc.

51a Business records certification

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52 Subscriber records from Oath Holdings Inc.

52a Business records certification

53 Subscriber records from Oath Holdings Inc.

54 Uber Technologies Inc. records

55 Uber Technologies Inc. records

NRG Recording Studios records, including receipts, work orders, invoices,

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payments, floorplans and photographs of the facilities

57 Empire CLS records for various individuals, including Jane Doe #4

58 Live Nation records, including touring schedules for R. Kelly

58a Business records certification

59 Chicago Motor Cars records

Screen Actors Guild – American Federation of Television and Radio Arts

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(SAG-AFTRA) records for Robert Kelly

60a Business records certification

61 SoundExchange Inc. records

62 Broadcast Music Inc. records

62a Business records certification

63 Artists Rights Management records

64 Hys Limousine Worldwide records from 7/18/2015 to 7/19/2015

65 Snap Inc. records for Jane Doe #4

65a Business records certification

66 Florida Virtual School records for Jane Doe #4

67 Criminal History reports for Robert Kelly

Text messages, pictures and social media communication between Jane Doe #4
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and Jane Doe #4’s friend

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Text messages, pictures and social media communication between Jane Doe #4
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and Jane Doe #4’s friend

70 Documents from Jane Doe #4’s parents

71 Documents from Jane Doe #4’s parents

72 Letter and attachments dated 10/22/2018

73 Photograph

74 Pamphlet

75 Abandoned property

76 License Plate Recognition reports

77 United States Postal Service records

77a Business records certification

Illinois Secretary of State records, including entity information and annual reports
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for Bass Productions Ltd., R. Kelly Publishing Inc., and RSK Enterprises LLC

79 Search Warrant return from Apple Inc.

79a Business records certification

80 AT&T Historical Cell Site Search Warrant return

80a Business records certification

81 Text messages, pictures, emails, and audio recordings provided by Jane Doe #5

82 Chicago Trax floorplans

Homewood Suites Chicago records for various individuals from 3/28/2017 to

3/31/2017, 5/30/2017 to 6/22/2017, 6/4/2017 to 6/7/2017, 6/4/2017 to 6/13/2017,
6/14/2017 to 6/18/2017, 7/17/2017 to 7/18/2017, 7/20/2017 to 7/29/2017,
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8/12/2017 to 8/25/2017, 8/30/2017 to 9/3/2017, 9/7/2017 to 9/18/2017, 9/25/2017
to 10/8/2017, 1/6/2017 to 1/12/2017, 1/20/2017 to 2/11/2017, 2/27/2018 to
3/2/2018, 3/23/2018 to 3/28/2018

83a Business records certification

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Holiday Inn Express North Hollywood records for various individuals from
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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.

B. Reports of Examinations and Tests

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 is not aware of any exculpatory material regarding the

defendant. 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).

E. 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
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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 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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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,

RICHARD P. DONOGHUE
United States Attorney

By: /s/ Elizabeth A. Geddes

Elizabeth A. Geddes
Nadia Shihata
Maria Cruz Melendez
Assistant U.S. Attorneys
(718) 254-7000

Enclosures

cc: Clerk of the Court (AMD) (by ECF) (without enclosures)

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