Consent Protective Order — US v. Ponzo

Record facts

U.S. District Court, District of New Jersey · No. 1:23-mj-02053-AMD · Doc. 12 · 2023-09-06 · Docket on CourtListener

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UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA
Vv. Hon. Ann Marie Donio
ADRIENNE PONZO Mag. No. 23-2053

CONSENT PROTECTIVE ORDER

Upon the application of the United States of America, and upon consent of
the defendant, the Court finds and orders as follows:

1. Disclosure Material. The Government anticipates voluntarily
disclosing to the defendant documents, objects and information, materials
pursuant to 18 U.S.C. § 3500, and potential exculpatory or impeachment material
(“Disclosure Material”). The Disclosure Material produced includes material that
(i) affects the privacy and confidentiality of individuals; (i) would impede, if
prematurely disclosed, the Government’s ongoing investigation of uncharged
individuals; (111) would risk prejudicial pretrial publicity if publicly disseminated;
and (iv) is not authorized to be disclosed to the public or disclosed beyond that
which is necessary for the defense of this criminal case. Thus, the entry of a
protective order is appropriate.

2. Facilitation of Discovery. Entry of this Order permits the
Government to expeditiously produce the Disclosure Material without further
litigation or the need for redaction. It also affords the defense prompt access to

those materials, in unredacted form, facilitating the preparation of the defense.
3. Timing and Scope of Disclosures. Nothing in this Order changes
in any way the timing or scope of the Government’s discovery disclosure
obligations, and those disclosures remain governed by Rule 16, 18 U.S.C. § 3500,
and other statutory and constitutional authorities.

4, Good Cause. There is good cause for entry of this protective order.
IT IS on this 6th_ day of September023, ORDERED that:

5. Disclosure Material shall not be disclosed by the defendant or defense
counsel, including any successor counsel (“the defense”) other than as expressly
permitted by this Order. Disclosure Material shall be used by the defense solely for
purposes of defending this action. The defense shall not disclose any Disclosure
Material to any third party except as expressly set forth below.

6. Disclosure Material may be disclosed by the defense only to:

a. Personnel for whose conduct counsel is responsible, 7.e.,
personnel employed by or retained by counsel, as needed for purposes of defending
this action;

b. Prospective witnesses for purposes of defending this action, but
counsel shall not permit such individuals to possess or retain Disclosure Materials
or duplicate versions; and

Cc. Any Coordinating Discovery Attorney (“CDA”) appointed
pursuant to the Criminal Justice Act in this case, and any CDA employees and
vendors the CDA may engage in the course of her duties.

7. The Government may authorize, in writing, disclosure of Disclosure
Material beyond that otherwise permitted by this Order without further order of
this Court.

8. This Order does not prevent the disclosure of any Disclosure Material
in any hearing or trial held in this action, or to any judge or magistrate judge, for
purposes of this action. But if a party wishes to submit Disclosure Material to a
court in connection with a motion or application for relief, that party shall do so
pursuant to the same procedures used for sentencing materials, as outlined in the
District of New Jersey’s Protocol for Disclosure of Sentencing Materials (available

at https://www.njd.uscourts.gov/court-info/local-rules-and-orders. Under those

procedures:

a. The Disclosure Material in question must be submitted directly to
the court and all counsel of record in the underlying prosecution;
absent a court order, no Disclosure Material may be filed on the
Court’s Case Management/Electronic Case File System (“ECF”).

b. The submitting party must file a contemporaneous notice on ECF
that Disclosure Materials have been submitted to the Court
pursuant to this protective order.

c. Public access to the Disclosure Materials shall be governed by the
same procedure set forth in paragraphs two through five of the
District of New Jersey’s Protocol for Disclosure of Sentencing
Materials.

9. For any Disclosure Material made public, the publishing party must
comply with the provisions of Federal Rule of Criminal Procedure 49.1.

10. Counsel may use Disclosure Material at trial, subject to Rule 49.1 and
any other applicable law or rules. Disclosure Material introduced as exhibits at a
hearing or at trial are no longer subject to the restrictions set forth in this
Protective Order.

Disclosure and Protection Search Warrant ESI Disclosure Material

11. Certain Disclosure Material may be contained within electronically
stored information (“ESI”) that the Government has seized, pursuant to search
warrants issued during the investigation, from cell phones, devices, storage media,
and providers of electronic communications services and remote computer services
(including email, cloud storage providers, and other online services).

12. The Government is authorized to disclose to the defendant, defense
counsel, and personnel for whose conduct counsel is responsible, t.e., personnel
employed by or retained by counsel (the “Defense Team”), for use solely as
permitted herein, the entirety of the ESI that was initially produced by a provider
or captured from a device pursuant to search warrant (the “ESI Disclosure”). This
authorization includes the production of the ESI Disclosure to all defendants in
this case, regardless of whether the ESI was possessed or owned by, only one
defendant. The Defense Team may review the ESI Disclosure to identify items
material to the defense. They shall not further disseminate or disclose any portion
of the ESI Disclosure except as otherwise set forth under this Order.

13. This Order places no restrictions on a defendant’s use or disclosure of
search warrant ESI that the parties agree originally belonged to a defendant.

Return or Destruction of Material

14. Except for Disclosure Material that has been made part of the record
of this case, the defense shall return to the Government or securely destroy or
delete all Disclosure Material within 30 days of: (a) the expiration of the period for
direct appeal from any verdict in the above-captioned case; (b) the expiration of the
period of direct appeal from any order dismissing any of the charges in the above-
captioned case; (c) the granting of any motion made on behalf of the Government
dismissing any charges in the above-captioned case; or (d) the issuance of an
opinion by an appellate court that terminates the case, whichever date is later.
The defendant is permitted to retain the materials he is identified as owning in
paragraph 13.

15. The defense shall provide a copy of this Order to prospective
witnesses and persons retained by counsel to whom the defense has disclosed
Disclosure Material. All such persons shall be subject to the terms of this Order.
Defense counsel shall maintain a record of what Disclosure Material has been
disclosed to which such persons.

16. This Order is binding on all future and successor counsel.

Retention of Jurisdiction

17. The provisions of this Order shall not terminate at the conclusion of
this criminal prosecution and the Court will retain jurisdiction to enforce this

Order following termination of the case.
IT IS SO ORDERED this 6th _ day ofSeptember 2023:

Rw

HON. ANN MARIE DONIO
United States Magistrate Judge

Consented to as to form and entry:

/s/ Troy Archie, Esq.

Daniel A. Friedman Troy A. Archie, Esq.
Assistant U.S. Attorney Counsel for defendant Adrienne Ponzo

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