Protective Order — United States v. Konrad Bicher, 22 Cr. 589 (LGS) (S.D.N.Y.), Dkt. 24

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Protective Order, Document 24, filed 12/12/22, in Case 1:22-cr-00589-LGS, United States of America v. Konrad Bicher, entered with the consent of counsel under Rule 16. It defines "Confidential Material" and "Attorney's Possession Only" (APO) material, limits its use to defending the case, and bars posting it on any Internet site. APO Material stays with the defendants' counsel and may not be possessed by the defendants except in counsel's presence. Material is to be returned or destroyed within 30 days of the end of the period for direct appeal, and the Court retains jurisdiction. The order is marked SO ORDERED, dated December 9, 2022, and directs the Clerk to terminate the letter motion at docket number 22.

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Case 1:22-cr-00589-LGS Document 24 Filed 12/12/22 Page1of5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

United States of America Protective Order
V. 22 Cr. 589 (LGS)
Konrad Bicher,

Defendant.

Upon the application of the United States of America, with the consent of the undersigned
counsel, and the defendants having requested discovery under Rule 16 of the Federal Rules of
Criminal Procedure, the Court hereby finds and orders as follows:

1. Confidential Material. The Government will make disclosure to the defendants of
documents, objects, and information, including electronically stored information (“ESI”), pursuant
to Rule 16 of the Federal Rules of Criminal Procedure; Title 18, United States Code, Section 3500;
and the Government’s general obligation to produce exculpatory and impeachment material in
criminal cases, all of which will be referred to herein as “disclosure material.” Certain of the
Government’s disclosure material, referred to herein as “Confidential,” includes information that
(i) affects the privacy and confidentiality of individuals and entities; (ii) impacts the safety of
individuals; (iii) would impede, if prematurely disclosed, the Government’s ongoing investigation
of uncharged individuals; (iv) would risk prejudicial pretrial publicity if publicly disseminated;
and (v) is not authorized to be disclosed to the public or disclosed beyond that which is necessary
for the defense of this criminal case. Disclosure material produced by the Government to the
defendants or their counsel that are either (1) designated in whole or in part as “Subject to

Protective Order” by the Government in emails or communications to defense counsel, or (2) that
Case 1:22-cr-00589-LGS Document 24 Filed 12/12/22 Page 2of5

include Bates or other label stating, “Subject to Protective Order,” shall be deemed “Confidential
Material.”

2. Attorney’s Possession Only (“APO”) Material. Certain discovery materials in this
case may raise a particular risk of affecting the privacy and confidentiality of individuals and
entities. Disclosure material produced by the Government to counsel that are either (1) designated
in whole or in part as “APO” by the Government in emails or communications to defense counsel,
or (2) that include a Bates or other label stating “APO,” shall be deemed “APO Material.” Any
material designated as APO material shall also be deemed Confidential Material.

NOW, THEREFORE, FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED:

3. Disclosure material designated as Confidential Material shall not be disclosed by the
defendants or their counsel, including any successor counsel (“the defense”), other than as set forth
herein, and shall be used by the defense solely for purposes of defending this case. The defense
shall not post any Confidential Material on any Internet site or network site to which persons other
than the parties hereto have access, and shall not disclose any Confidential Material to the media
or any third party except as set forth below.

4. Confidential Material may be disclosed by the defense to:

(a) Personnel for whose conduct defense counsel is responsible, i.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;

(c) The defendants; and

(d) Such other persons as hereafter may be authorized by the Court.
Case 1:22-cr-00589-LGS Document 24 Filed 12/12/22 Page 3of5

5. The Government may authorize, in writing, disclosure of disclosure material beyond
that otherwise permitted by this Order without further Order of this Court.

6. The defense shall provide a copy of this Order to any individual or entity to whom the
defense discloses Confidential Material in accordance with the provisions of this Order. All such
persons shall be subject to the terms of this Order. Defense counsel shall maintain a record of
what Confidential Material has been disclosed to which such persons.

7. Any APO Material received by the defense 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 defendants or
their counsel except as set forth herein.

8. This Order does not prevent the disclosure of any disclosure material in any hearing or
trial held in this case, or to any judge or magistrate judge, for purposes of this case. All filings
should comply with the privacy protection provisions of Rule 49.1 of the Federal Rules of Criminal
Procedure.

9. Atany time, the defense may seek leave from the Government to alter the designations
for materials designated as Confidential Material (“Requested Material”). The Government will
promptly review such Requested Material and (i) consent to the requested designation alteration
or sharing of the material; or (ii) provide the defense with an explanation as to why the Requested
Material cannot be designated or shared in the manner requested, so as to facilitate the Court’s
consideration of any disputes regarding the Requested Material. The Government’s designation of

material as Confidential Material will be controlling absent contrary order of the Court.
Case 1:22-cr-00589-LGS Document 24 Filed 12/12/22 Page4of5

10. Except for Confidential 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 such material, including
the seized ESI disclosure material, within 30 days of the expiration of the period for direct appeal
from any verdict in this case; the period of direct appeal from any order dismissing any of the
charges in this case; or the granting of any motion made on behalf of the Government dismissing
any charges in this case, whichever date is later. If Confidential Material is provided to any
prospective witness, counsel shall make reasonable efforts to seek the return or destruction of such
materials.

11. This Order places no restriction on a defendant’s use or disclosure of ES] that originally

belonged to that defendant.
Case 1:22-cr-00589-LGS Document 24 Filed 12/12/22 Page5of5

Retention of Jurisdiction

12. The provisions of this Order shall not terminate at the conclusion of this case and the

Court shall retain jurisdiction to enforce this Order following termination of the case.

AGREED AND CONSENTED TO:

DAMIAN WILLIAMS
United States Attorney

Min Date, 11/17/2022

by:

Matthew Weinberg
Assistant United States Attorney

Howard Schumacher, Esq.
Daniel Rosenberg, Esq.
Counsel for Konrad Bicher

The Clerk of the Court is directed to terminate the letter motion at docket number 22.

SO ORDERED:

Dated: New York, New York
December 9, 2022 44, Ls 7
oaks G. SCHOFIELD
UNITED STATES DISTRICT JUDGE


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