United States District Court, S.D. New York
GEOFFREY S. BERMAN United States Attorney By: Andrew A.
Rohrbach Assistant United States Attorney
A. Clarke Counsel for Anthony Collier
WILLIAM H. PAULEY, III U.S.D.J.
the application of the United States of America, with the
consent of the undersigned counsel, and the defendants having
requested discovery under Fed. R. Crim. P. 16(a)(1)(E), the
Court hereby finds and orders as follows:
Disclosure Material. The Government will make disclosure to
the defendant(s) of documents, objects and information,
including electronically stored information
(“ESI”), pursuant to Federal Rule of Criminal
Procedure 16, 18 U.S.C. § 3500, and the Government's
general obligation to produce exculpatory and impeachment
material in criminal cases, all of which will be referred to
herein as “disclosure material.” The
Government's disclosure material may include material
that (i) affects the privacy and confidentiality of
individuals; (ii) would impede, if prematurely disclosed, the
Government's ongoing investigation of uncharged
individuals; (iii) would risk prejudicial pretrial publicity
if publicly disseminated; and (iv) that is not authorized to
be disclosed to the public or disclosed beyond that which is
necessary for the defense of this criminal case.
Sensitive Disclosure Material. Certain of the
Government's disclosure material, referred to herein as
“sensitive disclosure material, ” contains
information that identifies, or could lead to the
identification of, witnesses who may be subject to
intimidation or obstruction, and whose lives, persons, and
property, as well as the lives, persons and property of loved
ones, will be subject to risk of harm absent the protective
considerations set forth herein. The Government's
designation of material as sensitive disclosure material will
be controlling absent contrary order of the Court.
Facilitation of Discovery. The entry of a protective order in
this case will permit the Government to produce expeditiously
the disclosure material without further litigation or the
need for redaction. It will also afford the defense prompt
access to those materials, in unredacted form, which will
facilitate the preparation of the defense.
Cause. There is good cause for entry of the protective order
set forth herein.
it is hereby Ordered:
Disclosure material shall not be disclosed by the defendant
or defense counsel, including any successor counsel
(“the defense”) other than as set forth herein,
and shall be used by the defense solely for purposes of
defending this action. The defense shall not post any
disclosure material on any Internet site or network site to
which persons other than the parties hereto have access, and
shall not disclose any disclosure material to the media or
any third party except as set forth below.
Disclosure material may be disclosed by counsel to:
Personnel for whose conduct counsel is responsible, i.e.,
personnel employed by or retained by counsel, as needed for
purposes of defending this action;
Prospective witnesses for purposes of defending this action.
Sensitive disclosure material shall be disclosed by ...