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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

 CASE NO. 22-20423-RNS

UNITED STATES OF AMERICA

vs.

NEPMAR JESUS ESCALONA,

 Defendant. 

_____________________________________/

GOVERNMENT’S RESPONSE TO 

THE STANDING DISCOVERY ORDER

 The United States hereby files this response to the Standing Discovery Order. This 

response also 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. Defendant’s Oral Statements

On September 16, 2022, the government delivered via email its first production of 

documents, including a copy of the defendant’s arrest report (bates stamped 

MLARS_000001 to MLARS_000002), as well as DEA reports of a series of in-person 

voluntary interviews between the defendant and DEA agents in 2018 (MLARS_000006 to 

MLARS_000014). The substance of further oral statements by the defendant to law 

enforcement can be found in subsequent productions by the government via USAfx

between September 21, 2022, and October 5, 2022 (MLARS_000017 to MLARS_006793).

Furthermore, during a meeting between the parties at the U.S. Attorney’s Office in Miami 

on October 26, 2022, the government summarized some of the most relevant oral 

statements made by the defendant to DEA during its investigation. 

 2. Defendant’s Written and Recorded Statements

 On November 9 and 10, 2022, the government delivered two discovery productions via 

FedEx, bates stamped MLARS_0006794 to MLARS_007073, containing approximately 

fifty audio and video recordings of the defendant. 

 

 That portion of the written record containing the substance of any oral statement made by 

the defendant before or after arrest in response to interrogation by any person then known 

to the defendant to be a government agent is included in the discovery productions 

described above. 

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3. The defendant did not testify before the Grand Jury.

 

4. The defendant’s prior criminal record, if any exists, will be made available upon receipt 

by this office. At present, the government is not aware of any prior criminal record of the 

defendant.

5. The discovery productions bates stamped MLARS_0000001 to MLARS_007073 and 

further described in this response are not necessarily copies of all the books, papers, 

documents, etc, that the government may introduce at trial. Original copies of files included 

in MLARS_0000001 to MLARS_007073, as well as other books, papers, documents, 

photographs, tangible objects, buildings, or places which the government intends to use as 

evidence at trial to prove its case-in-chief, or were obtained or belonging to the defendant, 

may be inspected at a mutually convenient time at the Office of the United States Attorney, 

99 Northeast 4th Street, Suite 624, Miami, Florida. The defendant is advised to call the 

undersigned to set up a date and time that is reasonable and convenient to both parties. 

6. There were no physical or mental examinations or 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 as items 1, 2 and 3 of Section B of the Standing 

Discovery Order. This request is also made pursuant to Rule 16(b) of the Federal Rules of 

Criminal Procedure.

C. The government 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 government will disclose any payments, promises of immunity, leniency, preferential 

treatment, or other inducements made to prospective government witnesses, within the 

scope of Giglio v. United States, 405 U.S. 150 (1972), or Napue v. Illinois, 360 U.S. 264 

(1959).

E. The government will disclose any prior convictions of any alleged co-conspirator, 

accomplice or informant who will testify for the government at trial.

F. No defendant was identified in a lineup, show up, photo spread or similar identification 

proceedings.

G. The government has advised its agents and officers involved in this case to preserve all 

rough notes.

H. The government will timely advise the defendant of its intent, if any, to introduce during 

its case-in-chief proof of evidence pursuant to F.R.E. 404(b). The defendant is hereby on 

notice that all evidence made available to defense counsel for inspection, as well as all 

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statements disclosed herein or in any future discovery letter, may be offered in the trial of 

this cause, under F.R.E. 404(b) or otherwise (including the inextricably-intertwined 

doctrine).

I. The defendant is not an aggrieved person, as defined in Title 18 U.S.C. § 2510(11), of any 

electronic surveillance.

J. The government has ordered transcribed the Grand Jury testimony of all witnesses who 

will testify for the government at the trial of this cause.

K. The government will, upon defense request, deliver to any laboratory presently registered

with the Attorney General in compliance with 21 U.S.C. § 822 and § 823 and 21 C.F.R.

§ 1301.13, a sufficient representative sample of any alleged contraband that is the subject 

of this indictment to allow independent chemical analysis of such sample.

If there is no response within ten (10) days from the date of the Certificate of Service 

attached hereto, the bulk of the contraband/narcotics will be destroyed. As usual, random 

samples will be set aside to be used as evidence at trial.

L. The government does not know of any automobile, vessel, or aircraft allegedly used in the 

commission of this offense that is in the government's possession.

M. The government is not aware of any latent fingerprints or palm prints which have been 

identified by a government expert as those of the defendant.

N. To date, the government has not received a request for disclosure of the subject-matter of 

expert testimony that the government reasonably expects to offer at trial.

The government hereby demands a written summary of expert testimony that the defense 

reasonably expects to offer at trial pursuant to Rules 702, 703 or 705 of the Federal Rules 

of Evidence, describing the witnesses' opinions, the bases and the reasons for those 

opinions, and the witnesses' qualifications.

O. The government will make every possible effort in good faith to stipulate to all facts or 

points of law the truth and existence of which is not contested and the early resolution of 

which will expedite trial. These stipulations will be discussed at the discovery conference.

P. At the discovery conference referenced in Section A.5, above, the government will seek 

written stipulations to agreed facts in this case, to be signed by the defendant and defense 

counsel.

The government 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 assure a fair trial.

In addition to the request made above by the government pursuant to both Section B of the 

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Standing Discovery Order 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 government hereby 

demands Notice of Alibi defense; the approximate time, date, and place of the offense was:

Time: see indictment; 

Date: see indictment;

Place: see indictment.

 

 Respectfully submitted,

JUAN ANTONIO GONZALEZ 

UNITED STATES ATTORNEY

By: /s/ Andrea Goldbarg 

ANDREA GOLDBARG

Assistant United States Attorney 

Court ID No. A5502556

99 Northeast 4th Street 

Miami, Florida 33132-2111

Telephone: 305-961-9421

Email: agoldbarg@usdoj.gov

 And BRENT S. WIBLE

ACTING CHIEF

MONEY LAUNDERING AND ASSET 

RECOVERY SECTION

By: /s/ Joseph Palazzo

JOSEPH PALAZZO

Trial Attorney

Court ID No. A5502141 

Money Laundering and Asset Recovery Section

U.S. Department of Justice, Criminal Division 

1400 New York Avenue, N.W. – 10th Floor

Washington, D.C. 20005 

Tel: (202) 514-1263

 Email: joseph.palazzo@usdoj.gov

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that today, November 14, 2022, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document 

was emailed this day to counsel of record.

/s/ Joseph Palazzo 

JOSEPH PALAZZO

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