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A new court filing inadvertently revealed that federal prosecutors have 'historical and prospective cell site information' related to Rudy Giuliani

May 26, 2021, 02:32 IST
Business Insider
Rudy Giuliani gestures during an appearance before the Michigan House Oversight Committee in Lansing, Michigan, on December 2, 2020Rey Del Rio/Getty Images
  • An improperly redacted court filing revealed more details of the SDNY's investigation into Giuliani.
  • The feds seized several devices and accounts linked to pro-Trump Ukrainians as part of their probe.
  • Prosecutors got "historical and prospective cell site information" related to Giuliani and an associate.
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A court filing on Tuesday inadvertently revealed more details about the federal criminal investigation into former New York City Mayor Rudy Giuliani, including that investigators had obtained "historical and prospective cell site information" connected to Giuliani.

The document was a letter written by Joseph Bondy, a lawyer representing the Soviet-born businessman Lev Parnas. Parnas and his associate Igor Fruman were indicted in late 2019 on several felony counts related to their work with Giuliani.

Bondy's letter, dated May 20 and addressed to US District Judge Paul Oetken, said the government informed Parnas for the first time on May 14 that beginning in November 2019 it had "applied for and obtained a number of other search warrants and the returns on these warrants, which were yet to be produced in any form and all related to accounts and devices not belonging to the defendants."

Bondy went on to say that the government provided a chart showing that it had "sought and seized a variety of undisclosed materials from multiple individuals." The materials included Giuliani's iCloud and email accounts; the iCloud and email accounts of Giuliani's associate Victoria Toensing; an email account believed to belong to Yuriy Lutsenko, Ukraine's former prosecutor general; email and iCloud accounts believed to belong to Roman Nasirov, the former head of the Ukrainian Fiscal Service; and the iPad and iPhone of Alexander Levin, a pro-Trump Ukrainian businessman.

The letter also said prosecutors had seized "historical and prospective cell site information" related to Giuliani and Toensing; electronic devices belonging to Giuliani and his company, Giuliani Partners LLC; and Toensing's iPhone.

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Details about the feds' seizure of accounts and devices belonging to Trump-aligned Ukrainian officials like Lutsenko and Levin and of accounts belonging to Nasirov, Ukraine's former tax chief, were blacked out in the letter but were visible when copied and pasted into a separate document. CNN first noted the faulty redactions.

Part of Bondy's letter with proposed redactions.Screenshot via CourtListener

The investigation into Giuliani arose from the criminal probe into Parnas and Fruman. It entered an aggressive new phase last month when the FBI raided Giuliani's home and office and Toensing's home in the Washington, DC, area. Investigators in the US Attorney's Office for the Southern District of New York have since requested that a "special master" review the materials seized from Giuliani and Toensing to filter out anything that may be protected by attorney-client privilege.

Bondy's letter asked the court to address new obligations related to the discovery process in light of the revelation of additional seizures and search warrants in the Giuliani investigation.

The letter said government investigators had "asserted that none of the warrants" connected to the Giuliani investigation "authorized the search or seizure of evidence of the campaign finance allegations" leveled against Parnas. The government also "noted that its prosecution team was not yet in possession of the records from the warrants executed on the devices in April 2021, since no records have been released by the filter team, special master, or the Court," Bondy's letter said.

He added that federal authorities had told him they would alert him if they uncovered any materials relevant to Parnas' case in the devices or accounts searched as part of the Giuliani investigation. Bondy said he believed that "the recently disclosed seizures and searches - some of which date back over eighteen months - have already resulted in the Government long-possessing materials" relevant to Parnas' case and his motion to dismiss the superseding indictment against him on grounds of selective prosecution.

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"The defendants therefore respectfully request that the Court schedule a status conference, ensure the Government undertakes an immediate and complete review of the contents of all seized materials, and Order production of all discoverable information from the newly revealed searches and seizures far enough in advance of hearings and trial to give the defendants sufficient time to properly review, investigate, and, if required, supplement our motions," the letter concluded.

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