Case 1:15-cr-00445-PAE Document 1357 Filed 01/17/25 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`United States of America
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`v.
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`Jordan Rivera,
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`Defendant.
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`Protective Order
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`15 Cr. 445-06 (PAE)
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`Upon the application of the United States of America, with the consent of the undersigned
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`counsel, and the defendant having requested discovery under Fed. R. Crim. P. 32.1, the Court
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`hereby finds and orders as follows:
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`Categories
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`1. Disclosure Material. The Government will make disclosure to the defendant of
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`documents, objects and information, including electronically stored information (“ESI”), pursuant
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`to Federal Rule of Criminal Procedure 32.1 and the Government’s general obligation to produce
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`exculpatory and impeachment material in criminal cases, all of which will be referred to herein as
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`“Disclosure Material.” The Government’s Disclosure Material may include material that (i) affects
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`the privacy, confidentiality and business interests of individuals and entities; (ii) would
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`risk prejudicial pretrial publicity if publicly disseminated; (iii) may be produced with more limited
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`redactions than would otherwise be necessary; and (iv) that is not authorized to be disclosed to the
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`public or disclosed beyond that which is necessary for the defense of this criminal case.
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`2. Sealed Material. Certain of the Government’s Disclosure Material, referred to herein
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`as “Sealed Material,” contains information that identifies, or could lead to the identification of,
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`witnesses who may be subject to intimidation or obstruction, and whose lives, persons, and
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`property, as well as the lives, persons and property of loved ones, will be subject to risk of harm
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`absent the protective considerations set forth herein.
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`3. Attorney’s Possession Only (“APO”) Material. Certain materials in this case raise a
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`particular risk of affecting the privacy or safety of victims or witnesses. Disclosure Material
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`produced by the Government to the defendant or his counsel that is either (1) designated in whole
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`or in part as “Attorney’s Possession Only” by the Government in emails or communications to
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`defense counsel, or (2) that includes a Bates or other label stating “Attorney’s Possession Only”
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`or “APO” shall be deemed “APO Material.” Any material designated as APO Material shall also
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`be deemed Sealed Material.
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`NOW, THEREFORE, FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED:
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`Disclosure and Treatment
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`4. Disclosure Material shall not be disclosed by the defendant or defense counsel,
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`including any successor counsel (“the defense”) other than as set forth herein, and shall be used
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`by the defense solely for purposes of defending this action. The defense shall not post any
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`Disclosure Material on any Internet site or network site, including any social media site, to which
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`persons other than the parties hereto have access, and shall not disclose any Disclosure Material
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`to the media.
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`5. Sealed Material pertinent to any motion before the Court should initially be filed under
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`seal, absent consent of the Government or Order of the Court, and may be disclosed by defense
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`counsel to:
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`a. The defendant;
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`b. Personnel for whose conduct defense counsel is responsible, i.e., personnel
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`employed by or retained by counsel, as needed for purposes of defending this action; and
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`c. Prospective witnesses for purposes of defending this action.
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`6. APO Material received by defense counsel shall be maintained in a safe and secure
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`manner by defense counsel and any personnel for whose conduct defense counsel is responsible;
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`shall not be possessed by the defendant, except in the presence of the defendant’s counsel and any
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`personnel for whose conduct defense counsel is responsible; and shall not be disclosed in any form
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`by the defendant, his counsel, or any personnel for whose conduct defense counsel is responsible
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`except as set forth herein.
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`Other Provisions
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`7. This Order does not prevent the disclosure of any Disclosure Material in any hearing
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`or trial held in this action, or to any judge or magistrate judge, for purposes of this action. All
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`filings should comply with the privacy protection provisions of Fed. R. Crim. P. 49.1 and the above
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`provisions.
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`8. The Government’s designation of material will be controlling absent contrary order of
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`the Court. The parties shall meet and confer regarding any dispute over such designations, after
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`which the defense may seek de-designation by the Court. The Government may authorize, in
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`writing, disclosure of Disclosure Material beyond that otherwise permitted by this Order without
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`further Order of this Court.
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`9. The defense shall provide a copy of this Order to prospective witnesses and persons
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`retained by counsel to whom the defense has disclosed Disclosure Material. All such persons shall
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`be subject to the terms of this Order. Defense counsel shall maintain a record of what information
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`has been disclosed to which such persons.
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`10. Except for Disclosure Material that has been made part of the record of this case, the
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`defense shall return to the Government or securely destroy or delete all Disclosure Material,
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`including any ESI, within 30 days of the expiration of the period for direct appeal from any
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`verdict in the above-captioned case; the period of direct appeal from any order dismissing
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`any of the charges in the above-captioned case; and the granting of any motion made on
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`behalf of the Government dismissing any charges in the above-captioned case, whichever date
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`is later, subject to defense counsel’s obligation to retain client files under the Rules of
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`Professional Conduct. If Disclosure Material is provided to any personnel for whose conduct
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`defense counsel is responsible or prospective witnesses, defense counsel shall make
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`reasonable efforts to seek the return or destruction of such materials.
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`Retention of Jurisdiction
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`11. The provisions of this order shall not terminate at the conclusion of this criminal
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`prosecution and the Court will retain jurisdiction to enforce this Order following termination of
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`the case.
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`AGREED AND CONSENTED TO:
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`EDWARD Y. KIM
`Acting United States Attorney
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`by:
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`James Mandilk
`Assistant United States Attorney
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`___________________________
`Megan Benett
`Counsel for Jordan Rivera
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`SO ORDERED:
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`Dated: New York, New York
`January __, 2025
`17
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`Date:
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`January 14, 2025
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`(cid:45)(cid:68)(cid:81)(cid:88)(cid:68)(cid:85)(cid:92)(cid:3)(cid:20)(cid:26)(cid:15)(cid:3)(cid:21)(cid:19)(cid:21)(cid:24)
`Date: _____________________
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`(cid:3)(cid:4)(cid:2)(cid:1)(cid:5)
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`_________________________________
`THE HONORABLE PAUL E. ENGELMAYER
`UNITED STATES DISTRICT JUDGE
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