Order — United States v. Zigelman (Dkt. 26, S.D.N.Y.)

Summary

Magistrate Judge Ona T. Wang entered this order on February 6, 2023 in the case against Zvi Zigelman in the Southern District of New York, under Federal Rule of Criminal Procedure 5(f). It directs the government to disclose promptly all information favorable to the defense and material to guilt or punishment under Brady v. Maryland, including impeachment information under Giglio v. United States, whether or not the government credits it. If the government fails to comply, the court may order production, grant a continuance, impose evidentiary sanctions or enter other just orders.

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Case 1:23-cr-00065-CM Document 26 Filed 02/06/23 Page 1 of 2
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       UNITED STATES DISTRICT COURT
       SOUTHERN DISTRICT OF NEW YORK
       -------------------------------------------------------------x

       UNITED STATES OF AMERICA,

                            -against-                                   23-CR-605 {CM)

       ZVI ZIGELMAN,                                                    ORDER

                                              Defendant.




       -------------------------------------------------------------x


       Ona T. Wang, 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.

                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.

          Case 1:23-cr-00065-CM Document 26 Filed 02/06/23 Page 2 of 2




       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.

       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;


   (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/ Ona T. Wang
Dated: February 6, 2023                                                 Ona T. Wang
       New York, New York                                      United States Magistrate Judge




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