Protective Order — U.S. v. Ali Rashan, 25 Cr. 283 (PAE) (S.D.N.Y.), Dkt. 18

Summary

Protective Order, Document 18, filed 09/29/25, in Case 1:25-cr-00283-PAE, United States of America v. Ali Rashan, entered with the consent of counsel under Rule 16 of the Federal Rules of Criminal Procedure. It defines "Disclosure Material" and "Attorney's Possession Only" ("APO") material, requires that Disclosure Material be used solely for defending the action, and bars posting it on any Internet site, including any social media site. APO Material stays with defense counsel and may not be possessed by the defendant except in the presence of counsel. The defense must return or destroy Disclosure Material within 30 days of the expiration of the period for direct appeal, and the Court retains jurisdiction. The signature block lists David Eskew as counsel for Ali Rashan.

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             Case 1:25-cr-00283-PAE      Document 18       Filed 09/29/25      Page 1 of 4




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

 United States of America                                                        Protective Order

                   v.                                                           25 Cr. 283 (PAE)

 Ali Rashan,

                            Defendant.



         Upon the application of the United States of America, with the consent of the undersigned

counsel, and the defendants having requested discovery under Fed. R. Crim. P. 16, the Court

hereby finds and orders as follows:

                                            Categories

         1. Disclosure Material. The Government will make disclosure to the defendant of

documents, objects and information, including electronically stored information (“ESI”), pursuant

to Federal Rule of Criminal Procedure 16, 18 U.S.C. § 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.” The Government’s Disclosure Material may include

material that (i) affects the privacy, confidentiality and business interests of individuals and

entities; (ii) would impede, if prematurely disclosed, the Government’s ongoing investigation of

uncharged individuals; (iii) would risk prejudicial pretrial publicity if publicly disseminated; (iv)

may be produced with more limited redactions than would otherwise be necessary; and (v) that is

not authorized to be disclosed to the public or disclosed beyond that which is necessary for the

defense of this criminal case.

         2. Attorney’s Possession Only (“APO”) Material. Certain materials in this case raise a

particular risk of affecting the privacy or safety of victims or witnesses, or the confidentiality of



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ongoing investigations. Disclosure Material produced by the Government to the defendant or his

counsel that is either (1) designated in whole or in part as “Attorney’s Possession Only” by the

Government in emails or communications to defense counsel, or (2) that includes a Bates or other

label stating “Attorney’s Possession Only” or “APO” shall be deemed “APO Material.”

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

                                   Disclosure and Treatment

         3. Disclosure Material shall not be disclosed by the defendant or defense 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 action. The defense shall not post any

Disclosure Material on any Internet site or network site, including any social media site, to which

persons other than the parties hereto have access, and shall not disclose any Disclosure Material

to the media.

         4. APO Material received by defense counsel shall be maintained in a safe and secure

manner by defense counsel and any personnel for whose conduct defense counsel is responsible;

shall not be possessed by the defendant, except in the presence of the defendant’s counsel and any

personnel for whose conduct defense counsel is responsible; and shall not be disclosed in any form

by the defendant, his counsel, or any personnel for whose conduct defense counsel is responsible

except as set forth herein. APO Material pertinent to any motion before the Court should initially

be filed under seal, absent consent of the Government or Order of the Court.




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                                           Other Provisions

         5. 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,

except to the extent provided otherwise below, shall not be disclosed or used in any form in any

other civil litigation, arbitration, or other private or alternative dispute resolution. All filings should

comply with the privacy protection provisions of Fed. R. Crim. P. 49.1 and the above provisions.

         6. The Government’s designation of material will be controlling absent contrary order of

the Court. The parties shall meet and confer regarding any dispute over such designations, after

which the defense may seek de-designation by the Court. The Government may authorize, in

writing, disclosure of Disclosure Material beyond that otherwise permitted by this Order without

further Order of this Court.

         7. 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 information

has been disclosed to which such persons.

         8. 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,

including any ESI, within 30 days of the expiration of the period for direct appeal from any verdict

in the above-captioned case; the period of direct appeal from any order dismissing any of the

charges in the above-captioned case; and the granting of any motion made on behalf of the

Government dismissing any charges in the above-captioned case, whichever date is later, subject

to defense counsel’s obligation to retain client files under the Rules of Professional Conduct. If

Disclosure Material is provided to any personnel for whose conduct defense counsel is responsible




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or prospective witnesses, defense counsel shall make reasonable efforts to seek the return or

destruction of such materials.

                                      Retention of Jurisdiction

         9. 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.


AGREED AND CONSENTED TO:

    SEAN BUCKLEY
    Attorney for the United States
    Acting under Authority Conferred by 28 U.S.C. § 515


by: _____________________________                        Date: ________7/23/25_______
    Rushmi Bhaskaran
    Timothy Capozzi
    Jaclyn Delligatti
    Assistant United States Attorneys


    ___________________________                          Date: 7/30/2025
                                                               _____________________
    David Eskew
    Counsel for Ali Rashan




SO ORDERED:

Dated: New York, New York
         September 29, 2025
                                                      
                                                 _________________________________
                                                 THE HONORABLE PAUL A. ENGELMAYER
                                                 UNITED STATES DISTRICT JUDGE




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