ORDER: This order is entered pursuant to… — ORDER: This order is entered pursuant to Federal Rule of Criminal… (Dkt. 15)

Record facts

U.S. District Court for the Eastern District of New York · No. 1:22-cr-00020-FB · Doc. 15 · 2022-03-11 · Docket on CourtListener

Summary

An order in United States v. Anuli Okeke, No. 1:22-cr-00020-FB, in the U.S. District Court for the Eastern District of New York, signed by District Judge Frederic Block on March 11, 2022 and filed as Doc. 15. Entered under Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, it confirms the Government's disclosure obligations under Brady v. Maryland and Giglio v. United States. It directs the Government to disclose favorable information promptly, states that the obligations are continuing, and allows the Government to apply for a modification where disclosure would compromise witness safety or other substantial interests. It lists possible consequences of non-compliance, including a continuance, evidentiary sanctions, contempt, and dismissal of charges or vacating a conviction. The order is three pages.

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Full text

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
------------------------------------------------------------x 
UNITED STATES OF AMERICA, 
ORDER  
-against-
22-CR-20 (FB)
Anuli Okeke, 
Defendant. 
---------------------------------------------------------x
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 
Case 1:22-cr-00020-FB     Document 15     Filed 03/11/22     Page 1 of 3 PageID #: 41

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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.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;
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. 
Case 1:22-cr-00020-FB     Document 15     Filed 03/11/22     Page 2 of 3 PageID #: 42

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(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;
(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.
Dated: 
     SO 
ORDERED. 
March 11, 2022 
Brooklyn, New York 
  /s/  Frederic Block
Frederic Block 
UNITED STATES DISTRICT JUDGE 
Case 1:22-cr-00020-FB     Document 15     Filed 03/11/22     Page 3 of 3 PageID #: 43

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