Order re: Attorney-Client Privilege Waiver (Informed Consent) — Goyal, 23 Civ. 1516 (CS), Dkt. 131

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Order re: Attorney-Client Privilege Waiver (Informed Consent), Document 131, filed 03/22/23, in Case 7:19-cr-00844-CS, 19 Cr. 844 (CS) and 23 Civ. 1516 (CS). It recites that Ameet Goyal (“Petitioner”) has moved for relief pursuant to 28 U.S.C. §2255 on the ground of ineffective assistance of counsel, and that the Government concluded an affidavit from former counsel Marc Mukasey, Esq. and Torrey Young, Esq. of Mukasey Frenchman LLP, and Kerry Lawrence, Esq. of the Law Office of Kerry Lawrence, PLLC is necessary to respond. The order directs that Counsel give sworn testimony, in the form of an affidavit, addressing the allegations, and that Ameet Goyal return the accompanying form; the attached form states that the court will deny the motion if it is not returned, signed and notarized, within 60 days.

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Case 7:19-cr-00844-CS Document 131 Filed 03/22/23 Page1of5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

United States of America

v. 19 Cr. 844 (CS)

Ameet Goyal,
Defendant.

Ameet Goyal, ;
Petitioner 23 Civ. 1516 (CS)

Vv.

United States of America,
Respondent.

Order re: Attorney-Client Privilege Waiver (Informed Consent)

WHEREAS Ameet Goyal (“Petitioner”) has moved for relief from his conviction pursuant
to 28 U.S.C. §2255 on the ground of ineffective assistance of counsel (the “2255 Petition”); and

WHEREAS Petitioner has not submitted a signed affidavit setting for the factual basis for
the 2255 Petition; and

WHEREAS the Government, after reviewing the 2255 Petition, has concluded that the
information from Petitioner’s former counsel, Marc Mukasey, Esq. and Torrey Young, Esq. of
Mukasey Frenchman LLP, and Kerry Lawrence, Esq. of the Law Office of Kerry Lawrence, PLLC
(“Counsel”), is needed in order to allow the Government to respond to the motion, and that an
affidavit from Counsel is necessary for the Government to properly respond to the 2255 Petition;

and
Case 7:19-cr-00844-CS Document 131 Filed 03/22/23 Page 2 of 5

WHEREAS by making the motion, the movant has waived the attorney-client privilege as
a matter of law; and

WHEREAS the Court is cognizant that, absent court order or informed consent, ethical
concerns may inhibit Counsel from disclosing confidential information relating to a prior client
even in the absence of a privilege, see, e.g, ABA Standing Comm. on Ethics and Prof.
Responsibility Formal Op. 10-456 (July 14, 2010), Disclosure of Information to Prosecutor When
Lawyer’s Former Client Brings Ineffective Assistance of Counsel Claim,

IT IS HEREBY ORDERED that Counsel shall give sworn testimony, in the form of an
affidavit, addressing the allegations of ineffective assistance of counsel made by movant; and

IT IS HEREBY ORDERED that Ameet Goyal execute and return to this court within GO4S

days from today’s date fhe accompanying “Attorney-Client Privilege Waiver (Informed Consent)”

US

form. If the document is not received by the court within 0 days from today’s date, the court will
Mm deny the §2255 motion, on the ground that the movant failed to authorize the disclosure of
information needed to permit the Government to respond to the motion; and

IT IS HEREBY ORDERED that Ameet Goyal shall file within BP days from today’s date

an ink-signed, sworn affidavit setting forth the factual basis for the allegations in the 2255 Petition;

and it is further

ORDERED that the Clerk shall send a copy of this Order and its attachment to Petitioner,

Ty Orde. td
along with a return envelope, AwA Tu, Grvevamert Shalk Served a Cory d 0

Dated: k, New York

Marchg®, 2023

Counsel F

Shim to Me Pek hon shar be Ave 60 Ady s my fy at
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Case 7:19-cr-00844-CS Document 131 Filed 03/22/23 Page 4of5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

United States of America

Vv. 19 Cr. 844 (CS)

Ameet Goyal,
Defendant.

Ameet Goyal,
Petitioner 23 Civ. 1516 (CS)

Vv.

United States of America,
Respondent.

Attorney-Client Privilege Waiver (Informed Consent)
To: Ameet Goyal

You have made a motion under Section 2255 of Title 28, United States Code, to have your
conviction set aside on the ground that you received ineffective assistance from your former
lawyers, which included Kerry Lawrence Esq., Marc Mukasey, Esq. and Torrey Young, Esq.
(collectively referred to in this form as “your former attorneys”). The court has reviewed your
papers and determined that it needs to have a sworn testimonial statement from your former
attorneys in order to evaluate your motion,

By making this motion, you have waived the attorney-client privilege you had with your former
attorneys to the extent relevant to determining your claim. This means that if you wish to press
your claim of ineffective assistance, you cannot keep the communications between yourself and
your former attorneys a secret—you must allow them to be disclosed to the Government and to
the Court pursuant to court order. The court has already issued an Order (copy attached) ordering
your former attorneys to give such testimony, in the form of an affidavit. This Informed Consent
form is designed to ensure that you fully understand and agree to this.

Specifically, if you wish to proceed with your motion to set aside your conviction on the basis that
you received ineffective assistance of counsel, you must sign this statement and return it to the
court in the attached envelope (keeping a copy for your records). The form constitutes your
authorization to your former attorneys to disclose confidential communications (1) only in
response to a court order and (2) only to the extent necessary to shed light on the allegations of
ineffective assistance of counsel that are raised by your motion.
Case 7:19-cr-00844-CS Document 131 Filed 03/22/23 Page 5of5

You should know that if you sign this authorization, you run the risk that your former attorneys
will contradict your statements about his or her representation of you. However, you should also
know that the court will deny your motion if you do not authorize your former attorneys to give
an affidavit in response to the Court’s attached Order.

You must return this form, signed by you and notarized, within 60 days from the date of the Court’s
Order directing your former lawyers to give testimony. If the Court does not receive this form,
signed by you and notarized, within that time, the court will automatically deny your motion.

As further stated in the Court’s Order, within 60 days from the date of the Court’s Order, you must
also file an ink-signed, sworn affidavit setting forth the factual basis for the allegations in your
petition.

NOTARIZED AUTHORIZATION

I have read the Court’s Order dated and this document headed Attorney-Client
Privilege Waiver (Informed Consent). I hereby authorize my former attorneys, Kerry Lawrence
Esq., Mare Mukasey, Esq. and Torrey Young, Esq., to comply with the Court’s Order by giving
testimony, in the form ordered by the court, relating to my motion to set aside my conviction on
the ground of ineffective assistance of counsel. This authorization allows my former attorneys to
testify only pursuant to court order, and only to the extent necessary to shed light on the allegations
of ineffective assistance of counsel that are raised by my motion.

Dated:

Sworn to before me this day of , 20

Notary Public

2
Attorney-Client Privilege Waiver (Informed Consent)


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