Case 1:19-cr-00821-KMW Document 358
`Case 1:19-cr-00821-KMW Document 355-1
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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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`Vv.
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`Alexander Baez,
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`Defendant.
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`Filed 10/08/24
`‘Filed 10/01/24-Page-1-ef5
`ilUSDS SDNY
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`DOCJCUMENT
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`'ALECTRONICALLY FILED
`lI sagem af
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`/ FILED: _)sfat_|
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`Protective Order——
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`j
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`19 Cr. 821 (KMW)
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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. 16, the Court hereby
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`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 16, 18 U.S.C. § 3500, and the Government’s general
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`obligation to produce exculpatory and impeachment material in criminal cases, all of which will
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`be referred to herein as “Disclosure Material.” The Government’s Disclosure Material may include
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`material that (i) affects the privacy and confidentiality of individuals; (ii) would risk prejudicial
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`pretrial publicity if publicly disseminated;(iii) may be produced with morelimited redactions than
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`would otherwise be necessary; and (iv) that is not authorized to be disclosed to the public or
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`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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`persons who maybe subjectto intimidation or obstruction, and whoselives, persons, and property,
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`Case 1:19-cr-00821-KMW Document 358
`Case 1:19-cr-00821-KMW Document 355-1
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`Filed 10/08/24
`Filed 10/01/24
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`as well as the lives, persons and property of loved ones, will be subject to risk of harm absent the
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`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 orsafety of other persons. Disclosure Material produced by
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`the Governmentto the defendant or his counselthatis either (1) designated in whole orin part as
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`“Attorney's Possession Only” by the Governmentin emails or communications to defense counsel,
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`or (2) that includes a Batesorotherlabel stating “Attorney’s Possession Only” or “APO”shall be
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`deemed “APO Material.” Any material designated as APO Material shall also be deemed Sealed
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`Material,
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`4, Attorney’s Eyes Only (“AEO”) Material. Certain materials in this case raise a more
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`significantrisk of affecting the privacy or safety of other persons. Disclosure Material produced
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`by the Governmentto the defendantor his counsel that is either (1) designated in wholeor in part
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`as “Attorney’s Eyes Only” by the Government in emails or communications to defense counsel,
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`or (2) that includes a Bates or other label stating “Attorney’s Eyes Only” or “AEO”shall be
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`deemed “AEO Material.” Any material designated as AEO Material shall also be deemed Sealed
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`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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`5. 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 such as
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`Case 1:19-cr-00821-KMW Document 355-1
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`Facebook or Twitter, to which persons other than the parties hereto have access, and shall not
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`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
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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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`counselto:
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`a. The defendant;
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`b. Personnel for whose conduct defense counsel is responsible, i.¢., 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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`7. 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 ofthe defendant’s counsel and any
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`personnel for whose conduct defense counselis 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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`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 ofthe AEO Material
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`with any other persons, including the defendant, except for any personnel for whose conduct
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`defense counselis responsible.
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`Other Provisions
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`9, This Order does not prevent the disclosure of any Disclosure Material in any hearing
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`ortrial held in this action, or to any judge or magistrate judge, for purposes of this action. All
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`Case 1:19-cr-00821-KMW Document 358
`Case 1:19-cr-00821-KMW Document 355-1
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`Filed 10/08/24
`Filed 10/01/24
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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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`10. 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 seck 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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`11. The defense shall provide a copy ofthis Order to prospective witnesses and persons
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`retained by counsel to whom the defensehas disclosed Disclosure Material. All such persons shall
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`be subject to the terms ofthis 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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`12, 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 verdict
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`in the above-captioned case; the period of direct appeal from any order dismissing any of the
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`charges in the above-captioned case; and the granting of any motion made on behalf of the
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`Government dismissing any charges in the above-captioned case, whichever date is later, subject
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`to defense counsel’s obligation to retain client files under the Rules of Professional Conduct, If
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`Disclosure Material is provided to any personnel for whose conduct defense counselis responsible
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`or prospective witnesses, defense counsel shall make reasonable efforts to seek the return or
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`destruction of such materials.
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`Case 1:19-cr-00821-KMW Document 355-1
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`Retention of Jurisdiction
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`13. 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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`DAMIAN WILLIAMS
`United States Attorney
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`by:
`Celia V. Cohen
`Assistant United States Attorney
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`Michael Bradley
`Counsel for Alexander Baez
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`SO ORDERED:
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`Dated: New York, New York
`October _§~, 2024
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`Date:
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`9/30/24
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`Date:
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`September 30, 2024
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`,Metatrre YW, Luv ,
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`THE HONORABLE KIMBA M. WOO
`UNITED STATES DISTRICT JUDGE
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