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         Case 1:19-cr-00830-AT         Document 1          Filed 11/19/19     Page 1 of 20



UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
                                              -    -   -   X
                                                                    INDICTMENT
    UNITED STATES OF AMERICA

                - v.

    TOVA NOEL and
                       -
                                                                                        830
    MICHAEL THOMAS,

                       Defendants.

    - - - - - - - - - - - - - - - - - - X

                                        INTRODUCTION

               1.      On or about August 10, 2019, TOVA NOEL and MICHAEL

THOMAS,       the   defendants,         in    dereliction            of     their    duties   as

correctional        officers      at    the       Metropolitan        Correctional       Center

("MCC"), repeatedly failed to perform mandated counts of prisoners

under     their     watch    in   the    MCC' s        Special      Housing    Unit    ("SHU").

Instead, for substantial portions of their shifts, NOEL and THOMAS

sat at their desk,            browsed the internet,                 and moved around the

common area of the SHU.            To conceal their failure to perform their

duties,       NOEL and THOMAS          repeatedly signed false certifications

attesting to having conducted multiple counts of inmates when, in

truth and in fact, they never conducted such counts.                                As a result

of those false statements, the MCC believed prisoners in the SHU

were being regularly monitored and accounted for when, in fact, as

a    result    of   the     defendants'       conduct,         no    correctional       officer

conducted any count or round of the SHU from approximately 10:30
         Case 1:19-cr-00830-AT      Document 1            Filed 11/19/19    Page 2 of 20




p.m. on August 9 until approximately 6:30 a.m.                

[…]

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