United States District Court, S.D. New York
GEOFFREY S. BERMAN United States Attorney
A. Rohrbach Assistant United States Attorney
HONORABLE VICTOR MARRERO UNITED STATES DISTRICT JUDGE
Order Upon 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:
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 lo 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 lo
be disclosed lo the public or disclosed beyond that which is
necessary for the defense of this criminal case.
Sensitive Disclosure Material.
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.
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
unrcdactcd form, which will facilitate the preparation of the
is good cause for entry of the protective order set forth
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 ...