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United States v. Klein

United States District Court, S.D. New York

January 6, 2020

UNITED STATES OF AMERICA
v.
ARNOLD KLEIN and LEON KLEIN, Defendants.

          GEOFFREY S. BERMAN United States Attorney

          Shiva H. Logarajah Assistant United States Attorney

          Steven Yurowitz, Esq Counsel for Leon Klein

          PROTECTIVE ORDER

          THE HONORABLE KENNETH M. KARAS UNITED STATES DISTRICT JUDGE

         Upon the application of the United States of America, with the consent of the undersigned defendants and their respective counsel, and the defendants having requested discovery under Fed. R. Crim. P. 16, the Court hereby finds and orders as follows:

         1. Disclosure Material. The Government has made and will make disclosure to the defendants of documents, objects and information, including electronically stored information (“EST”), 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) is not authorized to be disclosed to the public or disclosed beyond that which is necessary for the defense of this criminal case.

         2. Facilitation of Discovery. The entry of a protective order k mis case will permit the Government to produce expeditiously the disclosure material without further litigation. It will also afford the defense prompt access to those materials, which wilt facilitate the preparation of the defense.

         3. Good Cause. There is good cause for entry of the protective order set forth herein. Accordingly it is hereby Ordered:

         4. 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 persons herein authorized have access, and shall not disclose any disclosure material to the media or any third party except as set forth below.

         5. Disclosure material may be disclosed by counsel to:

(a) Personnel for whose conduct counsel is responsible, i.e., personnel employed by or retained by counsel, as needed for purposes of defending this action; and
(b) Prospective witnesses or individuals who the defense believes in good faith may be able to provide the defense with leads or information for the purpose of defending this action.

         6. When producing discovery, the Government will designate in writing any category of disclosure material that falls outside the coverage of this Order. The Government may authorize, in writing, disclosure of disclosure material beyond that otherwise permitted by this Order without further Order of this Court

         7. This Order does not prevent the disclosure of any disclosure material in any motion, hearing, or trial held in this action, or to any judge or magistrate judge, for purposes of this action. All filings should comply ...


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