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United States v. Perez

United States District Court, S.D. New York

January 8, 2020

UNITED STATES OF AMERICA
v.
HENRY PEREZ, Defendant.

          GEOFFREY S. BERMAN UNITED STATES ATTORNEY

          Michael D. Neff Assistant United States Attorney

          Dawn M. Florio, Esq. Counsel for Henry Perez

          PROTECTIVE ORDER

          HONORABLE RICHARD M. BERMAN, UNITED STATES DISTRICT JUDGE

         WHEREAS the United States of America intends to produce to the defendants in the above-captioned matter in unredacted form certain documents pursuant to Rule 16 of the Federal Rules of Criminal Procedure that may contain personal identifying information and/or other information relating to and identifying victims of the crimes alleged in the Indictment and/or the targets of an ongoing governmental investigation; and

         WHEREAS pursuant to Rule 16(d)(1) and Title 18, United States Code, Section 3771, the Government desires to protect the confidentiality of the above-referenced materials, and for good cause shown;

         IT IS HEREBY ORDERED:

         1. Discovery materials produced by the Government to the defendants and their counsel (collectively, "the defense") that are either (1) designated in whole or in part as "Confidential" by the Government in emails or communications to defense counsel, or (2) that include a Bates or other label stating "Confidential," shall be deemed "Confidential Material."

         2. Confidential Material disclosed to the defense during the course of proceedings in this action:

         (a) shall be used by the defense only for purposes of this action;

         (b) shall be maintained in a safe and secure manner solely by the defendants' counsel; shall not be possessed by the defendants, except in the presence of the defendants' counsel; and shall not be disclosed in any form by the defense except as set forth in paragraph 2(d) below;

         (c) shall not be copied or otherwise recorded by the defense, but may be loaded onto secure databases or file-sharing systems used by defendants' counsel to review discovery;

         (d) may be disclosed only by the defendants' counsel and only to the following persons (hereinafter "Designated Persons"):

(i) secretarial, clerical, paralegal, investigative, and student personnel, or any interpreter or translator, employed full-time or ...

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