Case 1:21-cr-00093-VM Document 7 Filed 03/05/21 Page 1 of 3
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`UNITED STATES OF AMERICA,
`-v-
`ANGEL VILLAFANE,
`
`Defendant.
`
`3/5/2021
`3/5/2021
`
`21 CR 93 (VM)
`ORDER
`
`Victor Marrero, United States District Judge:
`This Order is entered, pursuant to Federal Rule of Criminal
`Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116–
`182, 134 Stat. 894 (Oct. 21, 2020), to confirm the Government’s
`disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963),
`and its progeny, and to summarize the possible consequences of
`violating those obligations.
`The Government must disclose to the defense all information
`“favorable to an accused” that is “material either to guilt or to
`punishment” and that is known to the Government. Id. at 87. This
`obligation applies regardless of whether the defendant requests this
`information or whether the information would itself constitute
`admissible evidence. The Government shall disclose such information
`to the defense promptly after its existence becomes known to the
`Government so that the defense may make effective use of the
`information in the preparation of its case.
`As part of these obligations, the Government must disclose any
`information that can be used to impeach the trial testimony of a
`
`

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`Case 1:21-cr-00093-VM Document 7 Filed 03/05/21 Page 2 of 3
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`Government witness within the meaning of Giglio v. United States,
`405 U.S. 150 (1972), and its progeny. Such information must be
`disclosed sufficiently in advance of trial in order for the defendant
`to make effective use of it at trial or at such other time as the
`Court may order.1
`The foregoing obligations are continuing ones and apply to
`materials that become known to the Government in the future. These
`obligations also apply to information that is otherwise subject to
`disclosure regardless of whether the Government credits it.
`In the event the Government believes that a disclosure under
`this Order would compromise witness safety, victim rights, national
`security, a sensitive law-enforcement technique, or any other
`substantial government interest, it may apply to the Court for a
`modification of its obligations, which may include in camera review
`or withholding or subjecting to a protective order all or part of
`the information otherwise subject to disclosure.2
`For purposes of this Order, the Government has an affirmative
`obligation to seek all information subject to disclosure under this
`Order from all current or former federal, state, and local
`prosecutors, law enforcement officers, and other officers who have
`participated in the prosecution, or investigation that led to the
`
`
`1 This Order does not purport to set forth an exhaustive list of the Government’s
`disclosure obligations.
`2 The Classified Information Procedures Act sets forth separate procedures to be
`followed in the event that the Government believes matters relating to classified
`information may arise in connection with the prosecution. See 18 U.S.C. app. 3
`§§ 1 et seq.
`
`2
`
`
`
`

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`Case 1:21-cr-00093-VM Document 7 Filed 03/05/21 Page 3 of 3
`
`prosecution, of the offense or offenses with which the defendant is
`charged.
`If the Government fails to comply with this Order, the Court,
`in addition to ordering production of the information, may:
`(1) specify the terms and conditions of such production;
`(2) grant a continuance;
`(3) impose evidentiary sanctions;
`(4) impose contempt or other sanctions on any lawyer
`responsible for violations of the Government’s disclosure
`obligations, or refer the matter to disciplinary authorities;
`(5) dismiss charges before trial or vacate a conviction after
`trial or a guilty plea; or
`(6) enter any other order that is just under the circumstances.
`SO ORDERED.
`Dated:
`NEW YORK, NEW YORK
`05 MARCH 2021
`
`3
`
`

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