Order as to Herode Chancy, Michael Albarella — USA v. Chancy et al. (Dkt. 40, S.D.N.Y.)

Record facts

U.S. District Court for the Southern District of New York · No. 1:20-cr-00378-LJL · Doc. 40 · 2020-10-30 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
---------------------------------------------------------------------- 
UNITED STATES OF AMERICA 
 
-v- 
HERODE CHANCY ET AL,  
 
 
 
Defendants. 
---------------------------------------------------------------------- 
X 
: 
: 
: 
: 
: 
: 
: 
: 
: 
X 
20-CR-00378 (LJL) 
ORDER 
LEWIS J. LIMAN, United States District Judge: 
This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm the 
Government’s disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its 
progeny, and to summarize the possible consequences of violating those obligations. 
The Government must disclose to the defense all information “favorable to an accused” 
that is “material either to guilt or to punishment” and that is known to the Government.  Id. at 87.  
This obligation applies regardless of whether the information would itself constitute admissible 
evidence.  The Government shall disclose such information to the defense promptly after it is 
discovered by the Government so that the defense may make effective use of the information in 
the preparation of its case. 
As part of these obligations, the Government must disclose any information that can be 
used to impeach the trial testimony of a Government witness within the meaning of Giglio v. 
United States, 405 U.S. 150 (1972), and its progeny.  Such information must be disclosed 
sufficiently in advance of trial in order for the defendant to make effective use of it at trial or at 
such other time as the Court may order. 
Case 1:20-cr-00378-LJL     Document 40     Filed 10/30/20     Page 1 of 3

2 
 
The foregoing obligations are continuing ones and apply to materials that become known 
to the Government in the future.  Additionally, if information is otherwise subject to disclosure, 
it must be disclosed regardless of whether the Government credits it. 
In the event the Government believes that a disclosure under this Order would 
compromise witness safety, victim rights, national security, a sensitive law-enforcement 
technique, or any other substantial government interest, it may apply to the Court for a 
modification of its obligations, which may include in camera review or withholding or subjecting 
to a protective order all or part of the information otherwise subject to disclosure. 
For purposes of this Order, the Government includes all current or former federal, state, 
and local prosecutors, law-enforcement officers, and other officers who have participated in the 
prosecution, or investigation that led to the prosecution, of the offense or offenses with which the 
defendant is charged.  The Government has an affirmative obligation to seek from such sources 
all information subject to disclosure under this Order. 
If the Government fails to comply with this Order, the Court, in addition to ordering 
production of the information, may: 
(1) specify the terms and conditions of such production; 
(2) grant a continuance; 
(3) impose evidentiary sanctions;  
(4) impose sanctions on any responsible lawyer for the Government; 
(5) dismiss charges before trial or vacate a conviction after trial or a guilty plea; or 
(6) enter any other order that is just under the circumstances. 
 
This Order is without prejudice to a motion by the defense for the Court to set a date certain  
by which the Government must disclose Brady and/or Giglio material. 
Case 1:20-cr-00378-LJL     Document 40     Filed 10/30/20     Page 2 of 3

3 
 
 
 
SO ORDERED. 
 
 
Dated: October 30, 2020 
 
        __________________________________ 
 
New York, New York 
 
 
         United States District Judge 
Case 1:20-cr-00378-LJL     Document 40     Filed 10/30/20     Page 3 of 3

File and source

File

gov.uscourts.nysd.540905.40.0.pdf

Size

34,030 bytes

SHA-256

daf1c1cd0467c0844ffb4422a21fd415327c8381a931c4118459cb380e858ac1

Our copy

gov.uscourts.nysd.540905.40.0.pdf

Original

PACER (login required)