ORDER: This order is entered pursuant to… — ORDER: This order is entered pursuant to Federal Rule of Criminal… (Dkt. 8, No. 1:21-mj-01092-RML, filed 2021-09-24)

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A Rule 5(f) Order in United States of America v. Anuli Okeke, 21 M 1092 (Case 1:21-mj-01092-RML), U.S. District Court for the Eastern District of New York, Doc. 8, entered by United States Magistrate Judge Robert Levy and dated September 24, 2021. Entered pursuant to Federal Rule of Criminal Procedure 5(f), the order confirms the Government's disclosure obligations under Brady v. Maryland and its progeny, including information that can be used to impeach a Government witness under Giglio v. United States. It states that the obligations are continuing and that the Government may apply to the Court for a modification if disclosure would compromise a listed interest such as witness safety or national security. If the Government fails to comply, the order says the Court may specify terms of production, grant a continuance, impose sanctions, or dismiss charges before trial.

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21 M 1092    
RULE 5(f) ORDER 
UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
----------------------------------------------------------------------
UNITED STATES OF AMERICA 
-v-
Anuli Okeke, 
Defendant(s). 
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Robert Levy,  United States Magistrate 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 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 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 1:21-mj-01092-RML     Document 8     Filed 09/24/21     Page 1 of 3 PageID #: 21

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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. 
Nothing in this Order is intended to limit the Government’s responsibility to be alert to, 
and comply with, any additional disclosure obligations that are or may be required by statute, rule, 
or case law. 
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;
Case 1:21-mj-01092-RML     Document 8     Filed 09/24/21     Page 2 of 3 PageID #: 22

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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. 
/S/  Robert Levy
United States Magistrate Judge 
Dated: September 24,   2021 
Brooklyn, New York 
Case 1:21-mj-01092-RML     Document 8     Filed 09/24/21     Page 3 of 3 PageID #: 23

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