Order — No. 1:21-cr-00234 (Dkt. 29, E.D. Va.)

Summary

An order in United States v. Rose-Marie Nsahlai, Criminal Action No. 1:21-cr-234 (RDA), in the U.S. District Court for the Eastern District of Virginia, Alexandria Division, filed November 15, 2021 as Document 29 (3 pages). It rules on the Government's oral motion to modify the Order setting conditions of release (Dkt. 16). Defense counsel may inspect, but not copy, an unredacted email and text file marked GX 2, and the defendant may not view it. By November 15, 2021, counsel or a computer forensics specialist must search the defendant's accounts and devices for copies, then destroy them or keep one forensically sound copy, and file a sealed, ex parte report. The order states it is not a ruling on relevance, authenticity or admissibility.

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  Case 1:21-cr-00234-RDA Document 29 Filed 11/15/21 Page 1 of 3 PageID# 110




                        IN THE UNITED STATES DISTRICT COURT
                        FOR THE EASTERN DISTRICT OF VIRGINIA
                                   Alexandria Division

UNITED STATES OF AMERICA                      )
                                              )
       v.                                     )       Criminal Action No. 1:21-cr-234 (RDA)
                                              )
ROSE-MARIE NSAHLAI,                           )
                                              )
       Defendant.                             )

                                             ORDER

       This matter comes before the Court on the Government’s oral motion to modify the Order

setting conditions of release as to Defendant Rose-Marie Nsahlai. See Dkt. 16. For the reasons

stated in open court at arraignment on November 3, 2021, and further discussed in open court at

the status hearing on November 10, 2021, it is hereby ORDERED

       1. At any date and time mutually agreeable to counsel for all parties, the government shall

make available for inspection and review, by defense counsel only, an unredacted electronic copy

of the email and text file that is attached to this Order as GX 2. Counsel for defendant shall not be

permitted to make or keep a copy of the email or text file made available for inspection by the

government. Counsel for defendant may review the entirety of the email and text file made

available by the government, and may take notes about the substance of the email and text file.

Defendant Rose-Marie Nsahlai shall not be permitted to view the email or text file itself, but may

have the general substance of the email and text file described to her by counsel for the defendant.

       2. On or before November 15, 2021, defense counsel, or a qualified computer forensics

specialist acting at the direction of defense counsel, shall conduct a diligent search of any and all

data, electronic devices, and electronic storage media in the possession, custody, or control of

defendant Nsahlai. The search shall be conducted in any manner reasonably calculated to identify
  Case 1:21-cr-00234-RDA Document 29 Filed 11/15/21 Page 2 of 3 PageID# 111




and locate any original or copies of the email and attached text file described above, the data

contained therein, and any portion, segment, or fragment thereof.

       3. The search shall include, at a minimum, a diligent search of any and all Yahoo! email

accounts, other personal email accounts, or business email accounts, if any, accessible by

defendant Nsahlai, and a further diligent search of any and all laptop computers, desktop

computers, mobile phones, smartphones, electronic storage media, web-based storage media such

as OneDrive, Box, or any similar cloud-based electronic storage accessible by defendant Nsahlai.

       4. If, during the course of the above-described search or otherwise, defense counsel, or a

qualified computer forensics specialist acting at the direction of defense counsel, locates the

original or a copy of the email and attached text file described above, the data contained therein,

or any portion, segment, or fragment thereof, defense counsel shall elect, in his or her sole

discretion, one of the following two options:

       a. Defense counsel and anyone acting at counsel’s direction shall take reasonably diligent
       steps to ensure that the email and attached text file, the data contained therein, and any
       portion, segment, or fragment thereof, have been destroyed permanently, such that they are
       unusable and unretrievable by defendant Nsahlai and any other person; or

       b. If defense counsel of record determines, in his or her sole discretion, that retaining a
       copy of the email and attached text file described above, the data contained therein, any
       portion, segment, or fragment thereof, or any metadata relating thereto, is necessary to the
       preparation of a defense to the charges in the pending indictment in this case, or necessary
       to the preparation of a defense to any charges that may arise out of or relating to the email
       or text file described above, then defense counsel may retain one exact, forensically sound
       copy of any such email, text file, data, or metadata deemed so necessary. Any such email,
       text file, data, or metadata so retained shall be held in the exclusive possession of defense
       counsel with sufficient encryption or other safeguards such that it may not be used,
       accessed, or retrieved by any person other than defense counsel of record in this case, or
       members of defense counsel’s firm who are personally involved in the representation of
       Nsahlai. Any other original or copy of the email and attached text file, the data contained
       therein, and any portion, segment, or fragment thereof located by defense counsel shall be
       destroyed permanently, such that they are unusable and unretrievable by defendant Nsahlai
       and any other person.




                                                2
  Case 1:21-cr-00234-RDA Document 29 Filed 11/15/21 Page 3 of 3 PageID# 112




        5. On or before November 15, 2021, counsel for defendant shall file a sealed, ex parte

report to the Court describing the specific steps taken by or at the direction of defense counsel to

conduct the diligent search required by this Order. The report shall further describe what steps

were taken, if any, to ensure that any original and any copies of the email and attached text file

described above, the data contained therein, and any portion, segment, or fragment thereof have

been destroyed or, if deemed necessary by defense counsel, been transferred to the sole and

exclusive custody of defense counsel of record. The government shall not be provided a copy of

this report to the Court.

        6. Nothing in this Order shall be construed as a ruling by this Court as to the relevance,

authenticity, or admissibility of any evidence sought to be offered by the government or the defense

in this case or any future case. Moreover, nothing in this Order shall be construed as requiring the

government to destroy any evidence, data, or other information that it has gathered during the

course of any investigation.

        It is SO ORDERED.

Alexandria, Virginia
November 15, 2021




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