UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
March 26, 2010
UNITED STATES OF AMERICA,
SANDRA HATFIELD, DAVID H. BROOKS, PATRICIA LENNEX DEFENDANTS.
The opinion of the court was delivered by: Seybert, District Judge
The Court has not yet found that Defendant David Brooks has invoked an advice-of-counsel defense. But Mr. Brooks has come close on several occasions. To reduce any future delays should Mr. Brooks, in fact, invoke an advice-of-counsel defense, the Court hereby ORDERS Mr. Brooks' legal team to: (1) assemble all documents concerning the subjects covered in the Indictment that have been withheld from disclosure on the basis of attorney-client privilege and/or the attorney-work product doctrine; and (2) prepare these documents so that they can be produced to the Government immediately upon the issuance of any Court order compelling Mr. Brooks to do so. Mr. Brooks has until Wednesday, April 7, 2010 to comply with this Order.*fn1 After that date, the Court will expect Mr. Brooks to be able to immediately comply with any Court order requiring him to disclose privileged and work-product protected materials.
Failing to do so may result in the Court precluding Mr. Brooks from asserting an advice of counsel defense, and/or providing other relief that the Court deems just and proper.
Joanna Seybert, U.S.D.J.