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United States v. Agarwal

United States District Court, S.D. New York

January 14, 2020

UNITED STATES OF AMERICA
v.
AM1T AGARWAL, Defendant.

          Geoffrey S. Berman United States Attorney

          Tara M. La Morte Cecilia E. Vogel Assistant United States Attorneys

          Andrew M. Lankler, Esq. Brendan Quigley, Esq. Counsel for Amit Agarwal

          PROTECTIVE ORDER

          THE HON. PAUL A. ENGELMAYER UNITED STATES DISTRICT JUDGE.

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

         1. Disclosure Material. The Government will make disclosure to the defendant 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."

         2. 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.

         3. 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.

         4. Good Cause. There is good cause for entry of the protective order set forth herein.

         5. Restrictions on Sensitive Disclosure Material. Sensitive Disclosure Material disclosed to the defendant or to his counsel during the course of proceedings in this action:

a. Shall be used by the defendant and his counsel only for purposes of the defense of this action;
b. Shall be maintained in a safe and secure manner solely by the defendant's counsel and the defendant;
c. Shall not be duplicated by the defendant and his counsel except for purposes of the defense of this action;
d. Shall not be disclosed in any form by the defendant or his counsel, including by posting to any Internet site or network site to which persons other than the parties hereto have access or by disclosing to the media or any third ...

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