Federal Prosecutors Deny Eavesdropping on Attorney Calls

Introduction to the Case

Alleged Midtown assassin Luigi Mangione pictured surrounded by heavily-armed police and federal agents upon his arrival at the Downtown Manhattan Heliport on Dec. 19, 2024.

Photo by Dean Moses

Federal prosecutors have denied allegations that they intentionally eavesdropped on jailhouse phone calls between alleged Midtown assassin Luigi Mangione and his legal team, saying in a court filing Monday that any recordings of privileged conversations were obtained inadvertently and never listened to by the prosecution.

Details of the Allegations

In a letter filed April 29 with Judge Margaret Garnett, the US Attorney’s Office for the Southern District of New York stated that neither federal nor state prosecutors listened live to any conversations between Mangione and his attorneys. Prosecutors said a paralegal accidentally began listening to one call recording between Mangione and his lawyer, Karen Friedman Agnifilo, but immediately stopped upon realizing it was a conversation with an attorney.

Prosecution’s Response

“No one at DANY or the Government ‘eavesdropped’ on the defendant on a live basis,” the letter stated. “No member of the federal prosecution team has listened to any recording of any attorney call, and the Government has segregated all recordings of these attorney calls so that they cannot be accessed further.”

Background on Mangione’s Case

Mangione, 26, pleaded not guilty to federal charges related to the December 2024 shooting death of UnitedHealthcare CEO Brian Thompson during an arraignment on April 25. Federal prosecutors previously announced their intention to seek the death penalty against Mangione should he be convicted of murder through the use of a firearm.​ He also previously pleaded not guilty to state charges.
Accused Midtown assassin Luigi Mangione appeared in Manhattan court on Feb. 21, 2025 for the first time since his arraignment.
Photo by Dean Moses

Concerns Raised by the Defense

The letter was filed in response to concerns what Friedman Agnifilo raised at Friday’s arraignment hearing; she told Judge Garnett that state prosecutors had informed her they had been “eavesdropping on all of Mr. Mangione’s calls,” including at least one with her, calling the breach “inadvertent.”

Measures to Safeguard Privileged Communications

Friedman Agnifilo emphasized that the call should have been recognized as privileged and said it was concerning that federal prosecutors shared the recording. She urged the judge to ensure that no further attorney-client communications are recorded or shared with the Manhattan DA’s Office or the U.S. Attorney’s Office, prompting Judge Garnett to request a detailed account from prosecutors on measures being taken to safeguard Mangione’s privileged communications.

Explanation of the Recording Mix-Up

Writing to Judge Garnett, federal prosecutors explained that the Metropolitan Detention Center (MDC) in Brooklyn, where Mangione is detained, routinely records inmate calls made through the standard phone system, Trufone. These recordings include calls to attorneys unless the attorney’s number is “properly registered” to ensure confidentiality.​
“A number of recordings of calls between the defendant and his counsel were provided by the Metropolitan Detention Center to the Government — and by the Government to DANY — because the defendant spoke to his counsel on a recorded and monitored jail line (not a line specially designated for attorney calls) and with counsel using a telephone number that was not identified as belonging to counsel (thus evading MDC’s process for filtering attorney calls before providing them to the Government),” the letter stated.

Actions Taken by Prosecutors

Federal prosecutors requested two sets of recorded jail calls from the MDC and shared them with the DANY. One of the recordings included a call between Mangione and Friedman Agnifilo, but her phone number had not been listed as an attorney contact in the jail’s system.
While reviewing the set, a paralegal at the DA’s office identified the call as privileged, stopped listening, and alerted both offices, prosecutors said, adding that no one else listened to any attorney calls.

Preventing Future Issues

After discovering the issue, the government checked the second batch of recordings and found additional calls involving Agnifilo’s number. Out of caution, prosecutors said they immediately segregated the entire set to prevent further access and asked DANY to do the same. They plan to request a filtered version later, once defense counsel confirms all attorney phone numbers are properly flagged in the jail system.
To prevent future problems, prosecutors reminded defense lawyers to avoid using recorded lines like Trufone and instead use unmonitored options already available at the jail for confidential legal calls.

Conclusion

The case highlights the importance of safeguarding attorney-client privileged communications, especially in high-stakes cases like the one against Luigi Mangione. The measures taken by federal prosecutors to address the issue and prevent future breaches are crucial in maintaining the integrity of the legal process.

FAQs

Q: What was the nature of the allegations against federal prosecutors?

A: Federal prosecutors were alleged to have intentionally eavesdropped on jailhouse phone calls between Luigi Mangione and his legal team.

Q: How did federal prosecutors respond to the allegations?

A: They denied the allegations, stating that any recordings of privileged conversations were obtained inadvertently and never listened to by the prosecution.

Q: What measures are being taken to safeguard Mangione’s privileged communications?

A: Prosecutors have segregated all recordings of attorney calls to prevent further access and plan to request a filtered version of the recordings once defense counsel confirms all attorney phone numbers are properly flagged in the jail system.

Q: What can be done to prevent similar issues in the future?

A: Defense lawyers should avoid using recorded lines like Trufone and instead use unmonitored options available at the jail for confidential legal calls.