Protective Order — Alicia Ayers, and Andrea Ayers — 21 Cr. 440 (NSR), Southern District of New York (Document 48)

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A protective order dated September 16, 2021 and filed as Document 48 in United States v. Alicia Ayers and Andrea Ayers, 21 Cr. 440 (NSR), in the U.S. District Court for the Southern District of New York, signed by Nelson S. Roman, United States District Judge. Entered on the government's application with defense counsel's consent, it governs disclosure material the government produces under Rule 16, 18 U.S.C. §3500 and its duty to produce exculpatory and impeachment material. Such material may affect individuals' privacy, impede an ongoing investigation of uncharged individuals, or risk prejudicial pretrial publicity. The order limits its use and dissemination, and is signed by Assistant U.S. Attorneys Courtney L. Heavey and Jeffrey Coffman and by counsel for the defendants.

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Case 7:21-cr-00440-NSR Document 48 | Filed O9L6/27 Page 1 of 5

DOCUMENT
|| ELECTRONICALLY fi

UNITED STATES DISTRICT COURT DOC #: eee a
SOUTHERN DISTRICT OF NEW YORK DATE FILED: 9/16/2021 __
United States of America Protective Order
V. 21 Cr. 440 (NSR)

Alicia Ayers, and
Andrea Ayers

Defendants.

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:

1. Disclosure Material. The Government will make disclosure to the defendants 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 of individuals; (ii) would impede, if
prematurely disclosed, the Government’s ongoing investigation of uncharged individuals; (iii)
would risk prejudicial pretrial publicity if publicly disseminated; and (iv) 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. Sensitive Disclosure Material. Certain of the Government’s disclosure material,
referred to herein as “sensitive disclosure material,” contains information that identifies, or could

lead to the identification of, witnesses who may be subject to intimidation or obstruction, and
Case 7:21-cr-00440-NSR Document 48 Filed 09/16/21 Page 2 of 5

whose lives, persons, and property, as well as the lives, persons and property of loved ones, will
be subject to risk of harm absent the protective considerations set forth herein. The Government’s
designation of material as sensitive disclosure material will be controlling absent contrary order of
the Court.

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

1. Disclosure material shall not be disclosed by the defendants 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 to which persons other than the parties
hereto have access, and shall not disclose any disclosure material to the media or any third party
except as set forth below.

2. Disclosure material and sensitive disclosure material may be disclosed by counsel to:

(a) Personnel for whose conduct 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.

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

4. 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. However,

sensitive disclosure material pertinent to any motion before the Court should initially be filed under
Case 7:21-cr-00440-NSR Document 48 Filed 09/16/21 Page 3 of 5

seal, absent consent of the Government or Order of the Court. All filings should comply with the
privacy protection provisions of Fed. R. Crim. P. 49.1.

5. The Government has advised that information that may be subject to disclosure in this
case may be contained within ESI that the Government has seized, pursuant to warrants issued
during the course of the investigation, from various computers, cell phones, and other devices and
storage media. This ESI includes iCloud returns from Apple, Inc. and email returns from Gmail
and Yahoo. Upon consent of all counsel, the Government is authorized to disclose to counsel for
the defendants, for use solely as permitted herein, the entirety of such seized ESI as the
Government believes may contain disclosure material (“the seized ESI disclosure material”). The
defendants, defense counsel, and personnel for whose conduct counsel is responsible, i.e.,
personnel employed by or retained by counsel, may review the seized ESI disclosure material to
identify items pertinent to the defense. They shall not further disseminate or disclose any portion
of the seized ESI disclosure material except as otherwise set forth under this Order.

6. 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 the seized ESI disclosure material, 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; or the granting of any motion
made on behalf of the Government dismissing any charges in the above-captioned case, whichever
date is later. If disclosure material is provided to any prospective witnesses, counsel shall make

reasonable efforts to seek the return or destruction of such materials.
Case 7:21-cr-00440-NSR Document 48 Filed 09/16/21 Page 4of5

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 or the Government's
ESI production. All such persons shall be subject te the terms of this Order. Defense counsel shall
maintain a record of what information has been disclosed to which such persons.

8. This Order places no restriction on a defendant's use or disclosure of ESI that originally

belonged to the defendant.

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:

AUDREY STRAUSS
United States Attomey

me troy Heauoy Dat 9/14/21
ate:

Courtney L. Heavey
Jeffrey Coffman
Assistant United States Attorney

Z JL, /

Deveraux Cannick, Esq. 4 fF
Counsel for Alicia Ayer:

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Micia Ayérs po
Case 7:21-cr-00440-NSR Document 48 Filed 09/16/21 Page 5of5

Andrea Ayers

SO ORDERED:

Dated: White Plains, New York
September 16, 2021

THE HONORABLE NELSON S. ROMAN
UNITED STATES DISTRICT JUDGE


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