Protective Order — United States v. Muge Ma, 20 Cr. 407 (RMB) (Dkt. 18, S.D.N.Y.)
Summary
This protective order in United States v. Muge Ma, a/k/a “Hummer Mars,” 20 Cr. 407 (RMB) in the Southern District of New York, filed as Document 18 on 09/08/20, was sought by the Government with defense consent after the defendant requested discovery under Federal Rule of Criminal Procedure 16. It covers disclosure material, including electronically stored information, that may affect the privacy and business interests of individuals and entities or risk prejudicial pretrial publicity. The defense may use the material only to defend the case, may not post it online or give it to the media, and may share it only with counsel's personnel and prospective witnesses. Except for material filed in the case, the defense must return or destroy it within 30 days after the appeal period ends, and the order does not restrict the defendant's use of ESI that originally belonged to the defendant.
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Full text
Case 1:20-cr-00407-RMB Document 15 Filed 09/03/20 Page 2 of 4
Case 1:20-cr-00407-RMB Document 18 Filed 09/08/20 Page 1 of 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA Protective Order
v. 20 Cr. 407 (RMB)
MUGE MA,
a/k/a “Hummer Mars,”
Defendant.
Upon the application of the United States of America, with the consent of the undersigned
counsel, and the defendant having requested discovery under Federal Rule of Criminal Procedure
16, the Court hereby finds and orders as follows:
1. Disclosure Material. The Government 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, confidentiality and business interests of individuals and
entities; (ii) would risk prejudicial pretrial publicity if publicly disseminated; and (iii) that is not
authorized to be disclosed to the public or disclosed beyond that which is necessary for the defense
of this criminal case.
NOW, THEREFORE, FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED:
2. 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
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Case 1:20-cr-00407-RMB Document 18 Filed 09/08/20 Page 2 of 3
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.
3. 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.
4. The Government may authorize, in writing, disclosure of disclosure material
beyond that otherwise permitted by this Order without further Order of this Court.
5. 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.
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 or conviction 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.
7. This Order places no restriction on a defendant’s use or disclosure of ESI that
originally belonged to the defendant.
2
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Case 1:20-cr-00407-RMB Document 18 Filed 09/08/20 Page 3 of 3
Retention of Jurisdiction
8. 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
Acting United States Attorney
by: [signature] Date: September 3, 2020
Sagar K. Ravi
Assistant United States Attorney
[signature] Date: September 3, 2020
Peter [illegible]
Counsel for MUGE MA
SO ORDERED:
Dated: New York, New York
September 8 , 2020
[signature]
THE HON. RICHARD M. BERMAN
UNITED STATES DISTRICT JUDGE
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