Protective Order — United States v. Perry Frankel, Cr. No. 22-180 (Dkt. 13, E.D.N.Y.)
Summary
A protective order in United States v. Perry Frankel, Cr. No. 22-180, in the Eastern District of New York, entered with the consent of the parties under Federal Rule of Criminal Procedure 16 and signed by Judge Joanna Seybert. It lets the government produce unredacted individually identifiable health information, confidential tax and financial records in discovery, designated confidential and usable only for the litigation. Defense counsel may share health records with the patient and the providers named in them, must log those disclosures, and may give documents to other non-parties only if they sign the attached acknowledgement. Confidential documents may not be filed unless sealed or stripped of identifying information, and must be returned or destroyed within 90 days of the end of the case. An acknowledgement form follows for Frankel and defense attorney Timothy Sini.
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Full text
FI LED
PC/KL IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N.Y.
F. #2021R0I0S8
UNITED STATES DISTRICT COURT
* MAY O5 2022 *
EASTERN DISTRICT OF NEW YORK LONG ISLAND OFFICE
----------------X
UNITED STATES OF AMERICA PROTECTIVE ORDER
- against- Cr. No. 22-180 (1S)
PERRY FRANKEL,
Defendant.
----------------X
PROTECTIVE ORDER
GOVERNING THE DISCLOSURE OF
CONFIDENTIAL INFORMATION
To expedite the flow of discovery material between the parties, facilitate the
prompt resolution of disputes over confidentiality, adequately protect individually
identifiable health information entitled to be kept confidential, and ensure that protection is
afforded only to material so entitled, it is, pursuant to the Court's authority m1der Federal
Rule of Criminal Procedure 16 and with the consent of the parties, ORDERED as follows:
(1) Production of Confidential Information By The United States That May Be
Subject to the Privacy Act, S U.S.C. § 552a to 45 C.F.R. §§ 164.102-164.534,
or to 42 U.S.C. § 1306 or Other Privacy Protections
The United States may produce certain individually identifiable health
infonnation (defined as health information that is connected to a patient's name, address,
Social Security number or other identifying number, including Health Insurance Claim
("HIC') number) to the defendant, pursuant to the defendant's discovery requests. The
l
information produced may be subject to the provisions of the Privacy Act, S U.S.C. § SS2a,
to the provisions of 45 C.F.R. §§ 164.102-164.S34, or to the provisions of 42 U.S.C. § 1306,
or there may be no waiver by the patient to produce the records to any entity outside the
United States. The United States may also produce in response to the defendant's discovery
requests confidential tax records, confidential financial infonnation, and other records
containing personal identifying infonnation, such as social security numbers and bank
account numbers. The United States shall produce these documents unredacted to the
defendant. Upon producing these documents to the defendant, the United States shall
designate them as confidential. The defendant, including defendant's counsel and their
respective personnel, may use these documents only for purposes of the litigation. Defense
counsel may disclose documents containing a patient's individually identifiable health
information for the purposes of the litigation to (1) the patient whose health information is
recorded in the documents and (2) to health care providers identified in the documents as
having rendered services or items to the patient Defense counsel must keep a record of the
individuals and entities to which such disclosures are made, including the date of the
disclosure. For purposes of the litigation, defense counsel may also disclose documents to
other non-parties only if the non-parties sign the form of acknowledgement attached to this
Order. The defendant shall not file these documents with or submit them to the Court or
reproduce their contents in any court filing unless the document or filing is placed under seal
or all information that would identify the subject of the document or filing has been removed.
Within 90 days of the final conclusion of this litigation, the defendant shall return the
documents designated confidential and all copies, as well as all notes, memoranda,
summaries, or other documents containing information from the designated confidential
2
documents, to counsel for the United States, or shall destroy them and certify in writing to
counsel for the United States that the documents have been destroyed.
(2) Confidential Information in Open Court
The procedures for use of designated confidential documents during any
hearing or the trial of this matter shall be detennined by the parties and the Court in advance
of the hearing or trial. The parties shall consider redacting confidential documents to remove
individual patient identifiers and other confidential information, make a request to the Court
to submit such documents under seal, code the documents to substitute a numerical or other
designation for the patient•s name or other identifying infonnation, request that any exhibit
be placed under seal, introduce summary evidence where practicable which may be more
easily redacted, and assure that all Social Security and HIC numbers associated with the
names of individual patients have been removed. No party shall disclose designated
confidential documents in open Court without prior consideration by the Court.
(3) No Waiver
The failure to designate any materials as provided in paragraph 1 shall not
constitute a waiver of a party's assertion that the materials are covered by this Protective
Order.
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(4) No Ruling on Discoverabllity Nor Admissibility
This Protective Order does not constitute a ruling on the question of whether
any particular material is properly discoverable or admissible and does not constitute any
ruling on any potential objection to the discoverability of any material.
SO ORDERED:
DATED: J,"t{_i b, ,2 u.2 ;l..
r\ (7 / ar--
i-pN."JOANNA SEYBERT7
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF NEW YORK
4
ACKNOWLEDGEMENT OF TERMS AND CONDITIONS OF PROTECTIVE
ORDER
The undersigned does hereby acknowledge and agree to the terms of the
Protective Order Governing the Disclosure of Confidential Information in the case of United
States v. Peny Frankel, 22-cr-180.
~Aa4L
Perry F
Defendant
el
Timothy Sini, Esq.
Attorney for Defendant
s
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