Court filing
PROTECTIVE ORDER as to Apocalypse Bella, Mackenzy Toussaint, Amos Mundendi...regarding… — USA v. BELLA (Dkt. 34)
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2021-06-21 |
U.S. District Court for the Southern District of New York · No. 1:21-cr-00247-PAE · Doc. 34 · 2021-06-21 · Docket on CourtListener
Summary
A protective order filed June 21, 2021 as Doc. 34 in United States v. Apocalypse Bella, Mackenzy Toussaint and Amos Mundendi, No. 1:21-cr-00247-PAE, in the U.S. District Court for the Southern District of New York, before District Judge Paul A. Engelmayer. It governs government discovery that contains personal identifying information of other individuals, citing Rule 16(d)(1) and Title 18, United States Code, Section 3771. Protected Material may be used only for this action, kept by the defendants or their counsel, shared only with defense staff, retained experts or persons the Court authorizes, and returned or destroyed at the end of the case. Sensitive Protected Material may be shown to the defendants but not kept in their possession. The order carries signature lines for AUSA Dina McLeod and defense counsel Charles Kaser, Bret Martin and Tamara Giwa.
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Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA
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- v. -
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PROTECTIVE ORDER
21&5347 (PAE)
APOCALYPSE BELLA,
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a/k/a “Dias Yumba,”
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MACKENZY TOUSSAINT,
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a/k/a “Mack,” and
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AMOS MUNDENDI,
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a/k/a “Mos,”
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a/k/a “El Ashile Mundi,” :
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Defendants.
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HONORABLE PAUL A. ENGELMAYER, District Judge:
WHEREAS the Government intends to produce to APOCALYPSE
BELLA, MACKENZY TOUSSAINT, and AMOS MUNDENDI, the defendants, in
the above-captioned matter, certain discovery materials that
contain personal identifying information for individuals other
than the defendant, including names, financial information, and
telephone numbers; and
WHEREAS pursuant to Rule 16(d) (1) and Title 18, United
States Code, Section 3771, the Government desires to protect the
confidentiality of the above-referenced materials, and for good
cause shown;
IT IS HEREBY ORDERED:
Case 1:21-cr-00247-PAE Document 34 Filed 06/21/21 Page 1 of 8
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1. Discovery materials produced by the Government to
the defendants or their counsel that are either (1) designated
in whole or in part as "Subject to Protective Order” by the
Government in emails or communications to defense counsel, or
(2) that include a Bates or other label stating "Subject to
Protective Order," shall be deemed "Protected Material.”
2. Protected Material disclosed to the defendants, or
to their counsel, during the course of proceedings in this
action:
(a) shall be used by the defendants or their
counsel only for purposes of this action;
(b) shall be kept in the sole possession of the
defendants’ counsel or the defendants;
(c) shall not be copied or otherwise recorded by
the defendants;
(d) shall not be disclosed in any form by the
defendants or their counsel except as set forth in
paragraph 2(e) below;
(e) may be disclosed only by the defendants’
counsel and only to the following persons (hereinafter
"Designated Persons"):
Case 1:21-cr-00247-PAE Document 34 Filed 06/21/21 Page 2 of 8
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(i) secretarial, clerical, paralegal,
investigative, and student personnel employed full-time or part-
time by the defendants’ counsel;
(ii) independent expert witnesses retained
by the defendants or on their behalf in connection with this
action; and
(iii) such other persons as hereafter may be
authorized by the Court upon a motion by the defendants;
(f) shall be either (i) returned to the
Government following the conclusion of this case, together with
any and all copies thereof, or (ii) destroyed together with any
and all copies thereof, with defendants’ counsel verifying in
writing to the Government that such destruction has taken place.
(g) Notwithstanding the foregoing, the defense
shall not be required to return or destroy any Protected
Material to the extent such return or destruction would conflict
with any applicable professional or ethical obligation or
responsibility of the defense.
3. Discovery materials produced by the Government to
the defendants or their counsel that are either (1) designated
in whole or in part as "Sensitive – Subjective to Protective
Order" by the Government in emails or communications to defense
counsel, or (2) that include a Bates or other label stating
Case 1:21-cr-00247-PAE Document 34 Filed 06/21/21 Page 3 of 8
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"Sensitive – Subjective to Protective Order" shall be deemed
"Sensitive Protected Material.”
4. Sensitive Protected Material disclosed to the
defendants, or to the defendants’ counsel, during the course of
proceedings in this action, shall be subject to the conditions
applicable to Protected Material, with the exception of
paragraph 2(b) above. Sensitive Protected Material may be shown
to the defendants, but may not be maintained in the defendants’
possession.
5.
The defendants and their counsel shall provide a
copy of this Order to Designated Persons to whom Protected
Material is disclosed pursuant to paragraph 2(e). Designated
Persons shall be subject to the terms of this Order.
7.
The provisions of this Order shall not be
construed as preventing the disclosure of any information in any
motion, hearing, trial, or sentencing proceeding held in this
action, or to any judge or magistrate of this Court for purposes
of this action.
[intentionally left blank]
Case 1:21-cr-00247-PAE Document 34 Filed 06/21/21 Page 4 of 8
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Case 1:21-cr-00247-PAE Document 34 Filed 06/21/21 Page 5 of 8
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8. This Order may be signed in counterparts and
transmitted by facsimile and/or electronic copy, each of which
counterparts will be deemed to be an original and which taken
together will constitute the Order.
AGREED AND CONSENTED TO:
AUDREY STRAUSS
UNITED STATES ATTORNEY
By:
_____________________________________
Dina McLeod
Assistant United States Attorney
_____________________________________
Charles Kaser, Esq.
Counsel for Apocalypse Bella
_____________________________________
Bret Martin, Esq.
Counsel for Mackenzy Toussaint
_____________________________________
Tamara Giwa, Esq.
Counsel for Amos Mundendi
SO ORDERED:
_____________________________
HONORABLE PAUL A. ENGELMAYER
UNITED STATES DISTRICT JUDGE
________
Gi
E
Case 1:21-cr-00247-PAE Document 34 Filed 06/21/21 Page 6 of 8
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8. This Order may be signed in counterparts and
transmitted by facsimile and/or electronic copy, each of which
counterparts will be deemed to be an original and which taken
together will constitute the Order.
AGREED AND CONSENTED TO:
AUDREY STRAUSS
UNITED STATES ATTORNEY
By:
_____________________________________
Dina McLeod
Assistant United States Attorney
_____________________________________
Charles Kaser, Esq.
Counsel for Apocalypse Bella
_____________________________________
Bret Martin, Esq.
Counsel for Mackenzy Toussaint
_____________________________________
Tamara Giwa, Esq.
Counsel for Amos Mundendi
SO ORDERED:
_____________________________
HONORABLE PAUL A. ENGELMAYER
UNITED STATES DISTRICT JUDGE
/s/ Charles Kaser
Case 1:21-cr-00247-PAE Document 34 Filed 06/21/21 Page 7 of 8
6/21/2021
Case 1:21-cr-00247-PAE Document 34 Filed 06/21/21 Page 8 of 8File and source
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