RULE 5(f) Order as to Apocalypse Bella, Mackenzy Toussaint, Amos Mundendi — USA v. Bella (Dkt. 33, S.D.N.Y.)

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U.S. District Court for the Southern District of New York · No. 1:21-cr-00247-PAE · Doc. 33 · 2021-06-21 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
 
 
UNITED STATES OF AMERICA, 
 
 
-v-  
 
APOCALYPSE BELLA, 
MACKENZY TOUSSAINT, 
AMOS MUNDENDI 
 
Defendants. 
 
 
 
 
21-CR-247 (PAE) 
 
ORDER 
 
 
 
PAUL A. ENGELMAYER, District Judge: 
This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due 
Process Protections Act, Pub. L. No 116–182, 134 Stat. 894 (Oct. 21, 2020), 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 defendant requests this information or whether the 
information would itself constitute admissible evidence.  The Government shall disclose such 
information to the defense promptly after its existence becomes known to 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 
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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.1 
The foregoing obligations are continuing ones and apply to materials that become known to 
the Government in the future.  These obligations also apply to information that is otherwise subject 
to disclosure 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.2 
For purposes of this Order, the Government has an affirmative obligation to seek all 
information subject to disclosure under this Order from 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.  
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 contempt or other sanctions on any lawyer responsible for violations of the 
Government’s disclosure obligations, or refer the matter to disciplinary authorities; 
 
1 This Order does not purport to set forth an exhaustive list of the Government’s disclosure obligations. 
2 The Classified Information Procedures Act sets forth separate procedures to be followed in the event that the 
Government believes matters relating to classified information may arise in connection with the prosecution.  See 18 
U.S.C. app. 3 §§ 1 et seq. 
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(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. 
SO ORDERED. 
 
 
 
 
 
 
 
 
__________________________________ 
 
 
 
 
 
 
 
 
PAUL A. ENGELMAYER 
 
 
 
 
 
 
             
United States District Judge 
Dated: June 21, 2021 
New York, New York 
 


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