Protective Order — Chanette Lewis, Tatiana Benjamin, Tatiana Daniel — 21 Cr. 729 (LAK), Southern District of New York (Document 30)

Summary

This is a Protective Order in United States of America v. Chanette Lewis, Tatiana Benjamin, Tatiana Daniel and Heaven West, 21 Cr. 729 (LAK), before United States District Judge Lewis A. Kaplan in the Southern District of New York. It governs discovery materials the Government produces that it designates as Confidential, which may contain personal identifying information of victims, targets of an ongoing governmental investigation, or medical information of third parties. Confidential Material may be used only for purposes of the action, kept by defense counsel, and disclosed only to Designated Persons such as staff, experts and prospective witnesses. It must be returned or destroyed after the case, and the order is dated December 3, 2021.

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Case 1:21-cr-00729-LAK Document 30 Filed 12/27/21 Page 1of8

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

-- > - ee eee ee x
UNITED STATES OF AMERICA , [Pepe]
PROTECTIVE ORDER
ee V. —
21 Cr. 729 (LAK)
CHANETTE LEWIS,
a/k/a “Netty Hott,”
TATIANA BENJAMIN,
a/k/a “Ta Banks,”
a/k/a “Lyric Muvaa,”
TATIANA DANIEL,
a/k/a “Kimora Daniel,” and
HEAVEN WEST,
Defendants.
— — — _— — — — — — — _ — — — _ — — xX

THE HONORABLE LEWIS A. KAPLAN, United States District Judge:

WHEREAS the United States of America intends to produce
to the defendants in the above-captioned matter in unredacted form
er documents pursuant to Rule 16 of the Federal Rules of
Criminal Procedure that may contain personal identifying
information and/or other information relating to and identifying
victims of crime alleged in the Indictment and/or the. targets of
an ongoing governmental investigation, and/or medical information
of third parties; 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;
Case 1:21-cr-00729-LAK Document 30 Filed 12/27/21 Page 2 of 8

IT Is HEREBY ORDERED:

1. Dis
Covery materials Produced by the Government to

the defendants and their counsel

(collectively, “the defense”)

that are either (1)

designated in whole or in part as
“Confidential”

by the Government in emails or communications to

defense counsel, or (2) that include a Bates or other label SLES tLLAG

“Confidential,” Shall be deemed “Confidential Material.”

2. Confidential Material disclosed to the defense

during the course of proceedings in this action:

(a) shall be used by the defense only for purposes

of this action;

(b) shall be maintained in a safe and secure

Manner solely by the defendants’ counsel; shall not be possessed

by the defendants, except in the presence of the defendants’

counsel; and shall not be disclosed in any form by the defense

except as set forth in Paragraph 2(d) below;

(c)

shall not be copied or otherwise recorded by

the defense, but may be loaded onto secure databases or file-

sharing systems used by defendants’ counsel to review discovery;

(d) may be disclosed only by the defendants’

counsel and only to the following persons (hereinafter “Designated

Persons”);

Case 1:21-cr-00729-LAK Document 30 Filed 12/27/21 Page 3 of 8

secretarial, clerical, paralegal,
investigative, and student personnel, OF
any interpreter or translator, employed
full-time or part-time by the defendants’
counsel;

(11) independent expert witnesses,
investigators, or advisors retained by
the defendants or on their behalf in
connection with this action;

(iii) prospective witnesses, and their
counsel, to the extent deemed necessary
by defense counsel, for trial
preparation; and

(iv) such other persons as hereafter may be

authorized by the Government or by order
issued by the Court upon a motion by the

defendant(s); and
(e) shall be either (1) returned to the Government
following the conclusion of this case, including any appeals,
within 30 days of the conclusion of the appeal, or of the
expiration of the period for direct appeal from any verdict in the

case; the period of direct appeal from any order dismissing any of

the charges in the case; or the granting of any motion made on
Case 1:21-cr-00729-LAK Document 30 Filed 12/27/21 Page 4of8

behalf of
the Gov
ernment dismissing any charges in the above-
Captioned case
, whichever date is later, together with any and all
copies thereof;

(11) destroyed together with any and all copies

thereof, with defendants’

counsel verifying in writing to the

Government that

such destruction has taken place; or

(iii) maintained by defendants’ counsel as required by counsel’s

duties and responsibilities as counsel, as the case may be,

provided that defendants’ counsel maintain the Confidential

Information in accordance with Paragraph 2(b).

cP The defendants and their counsel shall provide a

copy of this Order to Designated Persons to whom Confidential

Material is disclosed pursuant to paragraph 2(d). Designated

Persons shall be subject to the terms of this Order.

4. 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

any appeal therefrom, or to any judge or magistrate of this Court

for purposes of this action, or any appeal therefrom.
5. With respect to Confidential Information, any

filings with any court shall be governed by Rule 49.1 of the

Federal Rules of Criminal Procedure.

G. This Order may be signed in counterparts and

transmitted by facsimile and/or electronic copy, each of which
Case 1:21-cr-00729-LAK Document 30 Filed 12/27/21 Page 5of8

retain juri
Jurisdiction to enforce this Order following termination of

the case.

8. Nothing in this Order shall preclude or otherwise

prejudice defense counsel from challenging the Government’s

designation of any material as Confidential and seeking the Court’s
permission to treat such material as if it had not been so
designated. While any such application is pending with the Court,
defense counsel will continue to treat the material at issue as
Confidential under the terms of this Order.

Dated: New York, New York
December 3, 2021

AGREED AND CONSENTED TO:

DAMIAN WILLIAMS
UNITED STATES ATTORNEY

Py: MLA 5 Aff
Michael D. Néff
Assistant United States Attorney

a OAL

Mark Gombiner, Esq.
Counsel for CHANETTE LEWIS

Case 1:21-cr-00729-LAK Document 30 Filed 12/27/21 Page 6 of 8

[Remainder of page intentionally left blank]
Case 1:21-cr-00729-LAK Document 30 Filed 12/27/21 Page 7 of 8

Ezra Spilke, Esq.
Counsel for TATIANA DANIEL

[Remainder of page intentionally left blank]
Case 1:21-cr-00729-LAK Document 30 Filed 12/27/21 Page 8 of 8

Marlon Kirton,

Esq.
Counse] for HEA .

VEN WEST

SO ORDERED:

Dated: New York, New York

December 4 , 2021 L Heglo

THE HONORABLE LEWIS A. KAPLAN
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF NEW YORK

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