United States District Court, S.D. New York
Geoffrey S. Berman United States Attorney
M. La Morte Cecilia E. Vogel Assistant United States
M. Lankler, Esq. Brendan Quigley, Esq. Counsel for Amit
HON. PAUL A. ENGELMAYER UNITED STATES DISTRICT JUDGE.
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:
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."
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.
Good Cause. There is good cause for entry of the
protective order set forth herein.
Restrictions on Sensitive Disclosure Material.
Sensitive Disclosure Material disclosed to the defendant or
to his counsel during the course of proceedings in this
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 ...