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UNITED STATES DISTRICT COURT

 SOUTHERN DISTRICT OF FLORIDA 

Case No. 22-CR-20521-RNS 

UNITED STATES OF AMERICA 

vs. 

THEODORE FARNSWORTH and 

J. MITCHELL LOWE 

 

Defendants. 

 / 

 

UNITED STATES’ FIRST RESPONSE TO THE STANDING DISCOVERY ORDERS 

 On November 17, 2022, United States Magistrate Judge Melissa Damian entered paperless 

Standing Discovery Orders (ECF Nos. 8 and 9) as to Defendants Theodore Farnsworth and J. 

Michell Lowe (the “Defendants”). The United States hereby files this First Response to the 

Standing Discovery Orders as to the Defendants, which complies with Local Rule 88.10 and 

Federal Rule of Criminal Procedure 16, and is numbered to correspond with Local Rule 88.10. 

A. 1. The United States will produce in electronic format to the Defendants the 

recordings of known oral statements made by the Defendants to law 

enforcement agents. 

 2. The United States will produce in electronic format to the Defendants all 

known relevant written statements and recordings made by the Defendants 

that are within the government’s possession, custody, or control. 

 3. The United States will produce reports of law enforcement agents 

memorializing the substance of known oral statements made by the 

Defendants to law enforcement. 

 4. The Defendants did not testify before a grand jury in connection with the 

charged offenses. 

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 5. The United States will produce NCIC records relating to the Defendants. 

 6. The United States will produce, in electronic format, books, papers, 

documents, data, photographs, tangible objects, or copies or portions 

thereof, that are within the government’s possession, custody, or control, 

and (i) the item is material to preparing the defense; (ii) which the United 

States intends to use as evidence at trial to prove its case in chief; or (iii) 

which were obtained from, or belong to, the Defendants. 

 The United States is producing these materials pursuant to the agreed-upon 

terms of a protective order that it plans to seek from the Court to protect 

personally identifiable information or other confidential information that 

may be contained within the records. 

The documents made available pursuant to this discovery response are not 

necessarily copies of all the books, papers, documents, etc. that the United 

States may introduce at trial. 

 7. There were no physical or mental examinations nor scientific tests or 

experiments made in connection with this case. 

 B. DEMAND FOR RECIPROCAL DISCOVERY: The United States 

requests the disclosure and production of materials enumerated in section B 

of Local Rule 88.10. This request is made pursuant to Rule 16(b) of the 

Federal Rules of Criminal Procedure. 

 C. The United States will disclose any information or material which may be 

favorable on the issues of guilt or punishment within the scope of Brady v. 

Maryland, 373 U.S. 83 (1963), and United States v. Agurs, 427 U.S. 97 

(1976). 

 

 D. The United States shall disclose to the defense the existence and substance 

of any payments, promises of immunity, leniency, preferential treatment, or 

other inducements made to prospective United States witnesses, within the 

scope of Giglio v. United States, 406 U.S. 150 (1972) and Napue v. Illinois, 

360 U.S. 264 (1959). 

 E. The United States will disclose any prior convictions of any alleged coconspirator, accomplice or informant who will testify for the United States 

at trial. 

 F. The Defendants were not identified in a lineup, show up, or similar 

identification proceeding. 

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 G. The United States has advised its agents and officers involved in this case 

to preserve all rough notes. 

 

 H. The United States shall timely advise the defense of its intention, if any, to 

introduce extrinsic act evidence pursuant to Rule 404(b) of the Federal 

Rules of Evidence. The defense is hereby on notice that all evidence made 

available for inspection or statements disclosed herein or in any future 

discovery letter, may be offered in the trial of this case, under Rule 404(b) 

or otherwise (including the inextricably-intertwined doctrine). 

 I. The Defendants are not an aggrieved person, as defined in Title 18, United 

States Code, Section 2510(11), of any electronic surveillance. 

 J. The United States has, or is in the process of having, transcribed the grand 

jury testimony of all witnesses who will testify for the United States at trial. 

 K. No alleged contraband of the type described in Paragraph K of Local Rule 

88.10 is involved in this case. 

 

 L. The United States does not know of any automobile, vessel, or aircraft 

allegedly used in the commission of this offense that is in the United States’ 

possession. 

 

 M. The United States is unaware of any latent fingerprints or palm prints which 

have been identified by a United States expert as those of the Defendants. 

 N. The United States will make every possible effort in good faith to stipulate 

to all facts or points of law the truth and existence of which are not contested 

and the early resolution of which will expedite trial. 

 O. The United States will comport with the schedule of discovery as outlined 

in Local Rule 88.10. 

 In accordance with Fed. R. Crim. P. 16.1(a), the parties met and conferred 

on the government’s discovery production. On December 1, 2022, the 

government is producing approximately 2.7 million records to counsel for 

the Defendants. The government is following up with a much smaller 

supplemental production of records that are being processed for production 

now. 

 

 The government also noted the existence of a subset of potentially 

privileged documents that have been segregated by a government filter 

team. The government will meet and confer with defense counsel on its 

proposed handling of the discovery of these materials. 

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 The United States is aware of its continuing duty to disclose such newly discovered 

additional information required by the Standing Discovery Order, Rule 16(c) of the Federal Rules 

of Criminal Procedure, Brady, Giglio, Napue, and the obligation to ensure a fair trial. 

 In addition to the request made above by the United States pursuant to Section B of Local 

Rule 88.10 and Rule 16(b) of the Federal Rules of Criminal Procedure, in accordance with Rule 

12.1 of the Federal Rules of Criminal Procedure, the United States hereby demands notice of any 

alibi defense; the approximate times, dates, and places of the offense are listed in the indictment. 

Respectfully submitted, 

 Glenn S. Leon 

 Chief, Fraud Section 

 Criminal Division 

 U.S. Department of Justice 

 

 By: /s/ Christopher Fenton 

 Christopher Fenton 

 Blake Goebel 

 Trial Attorneys 

 Florida Special Bar No. A5502969 (Fenton) 

 United States Department of Justice 

 Criminal Division, Fraud Section 

 1400 New York Ave., NW 

 Washington, DC 20005 

 Tel: (202) 320-0539 

 Email: Christopher.Fenton@usdoj.gov 

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CERTIFICATE OF SERVICE 

 I, Christopher Fenton, certify that the foregoing has been served on all attorneys of record 

in the above-captioned case, either via the CM/ECF electronic filing system or via email. 

 By: /s/ Christopher Fenton 

 Christopher Fenton 

 Blake Goebel 

 Trial Attorneys 

 Florida Special Bar No. A5502969 (Fenton) 

 United States Department of Justice 

 Criminal Division, Fraud Section 

 1400 New York Ave., NW 

 Washington, DC 20005 

 Tel: (202) 320-0539 

 Email: Christopher.Fenton@usdoj.gov 

Dated: December 1, 2022 

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