[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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Case7:23-cr-00662-CS
7:23-cr-00662-CS Document
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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
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