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Home Source documents [Proposed] Protective Order — United States v. Glenroy Walker and Howard Levy, 23 Cr. 662 (CS) (Dkt. 101, S.D.N.Y.)

[Proposed] Protective Order — United States v. Glenroy Walker and Howard Levy, 23 Cr. 662 (CS) (Dkt. 101, S.D.N.Y.)

Summary

This protective order in the case against Glenroy Walker and Howard Levy in the Southern District of New York, 23 Cr. 662 (CS), governs the discovery the government gives the defense. Disclosure Material may be used only to defend the case and may not be posted online or given to the media. Sealed Material, which could identify witnesses, is filed under seal; Attorney's Possession Only material may not be possessed by a defendant outside counsel's presence; and Attorney's Eyes Only material may not be shared even with the defendant. The defense must return or destroy all Disclosure Material within 30 days after the appeal period ends, and the Court retains jurisdiction after the case concludes. The government's attorneys signed on January 18, 2024, and the order carries a 'SO ORDERED' block for Judge Cathy Seibel dated January 19, 2024.

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Full text

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                                 Document 101
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

 UNITED STATES OF AMERICA                                           XXXXXXXProtective Order
                                                                    [Proposed]

                        v.                                                         23 Cr. 662 (CS)

 GLENROY WALKER and
 HOWARD LEVY,

                             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:

                                            Categories

       1. Disclosure Material. The Government has made and 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 and confidentiality of

individuals and entities; (ii) would risk prejudicial pretrial publicity if publicly disseminated;

(iii) may be produced with more limited redactions than would otherwise be necessary; 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. Sealed Material. Certain of the Government’s Disclosure Material, referred to herein

as “Sealed Material,” contains information that is confidential, private or otherwise worthy of
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protection because it identifies, or could lead to the identification of, witnesses absent the

protective considerations set forth herein.

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

particular risk of affecting the privacy of witnesses. 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.” Any material designated as APO Material shall also be deemed Sealed

Material.

       4. Attorney’s Eyes Only (“AEO”) Material. Certain materials in this case raise a more

significant risk of affecting the privacy of witnesses. 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 Eyes Only” by the Government in emails or communications to defense counsel, or

(2) that includes a Bates or other label stating “Attorney’s Eyes Only” or “AEO” shall be deemed

“AEO Material.” Any material designated as AEO Material shall also be deemed Sealed Material.

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

                                    Disclosure and Treatment

       5. 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 such as

Facebook or Twitter, to which persons other than the parties hereto have access, and shall not

disclose any Disclosure Material to the media.



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       6. Sealed Material pertinent to any motion before the Court should initially be filed under

seal, absent consent of the Government or Order of the Court, and may be disclosed by defense

counsel to:

               a. The defendant;

               b. 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; and

               c. Prospective witnesses for purposes of defending this action.

       7. 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.

       8. AEO Material received by defense counsel shall be maintained on an attorney’s eyes

only basis, and the defense shall not share any AEO Material or the content of the AEO Material

with any other persons, including the defendant, except for any personnel for whose conduct

defense counsel is responsible.

                                        Other Provisions

       9. 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. All

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

provisions.




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       10. 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.

       11. 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.

       12. 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

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

destruction of such materials.




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                                   Retention of Jurisdiction

       13. 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:

   DAMIAN WILLIAMS
   United States Attorney

by: /s/ Jared D. Hoffman                               Date: January 18, 2024
    Jared D. Hoffman
    Derek Wikstrom
    Assistant United States Attorneys



                                                             January 18,2024
   ___________________________                         Date: _____________________
   Benjamin Gold, Esq.
   Federal Defenders of New York, Inc.
   Counsel for Glenroy Walker



   ___________________________                         Date:   January 19, 2024
                                                             _____________________
   Sean Maher, Esq.
   The Law Offices of Sean M. Maher, PLLC
   Counsel for Howard Levy




SO ORDERED:

Dated: White Plains, New York
       January 19
               ___, 2024

                                                    ________________________________
                                                    THE HONORABLE CATHY SEIBEL
                                                    UNITED STATES DISTRICT JUDGE




                                               5


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