Case 1:22-cr-00192-JSR Document 51 Filed 05/05/22 Page1of5
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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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`Defendants.
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`Protective Order
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`22 Cr. 192 (JSR)
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`Vv.
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`ANDREW DONE,
`a/k/a “Caballo,”
`VICTOR ALMONTE,
`a/k/a “Flaco Capone,”
`MOISES FONTANEZ,
`a/k/a “Goya,”
`OLBENYDIAZ,
`a/k/a “Sosobrito,”
`FRAILYN CAPELLAN,
`a/k/a “Freko,”
`JOEL ORTIZ,
`a/k/a “Brooklyn,”
`EDWIN JIMENEZ,
`a/k/a “Pac,”
`MALVIN RESTITUYO,
`a/k/a “Puto,”
`ANDERSON BURDIER,
`a/k/a “Canela,” and
`JOSEPH RIVERA,
`a/k/a “Shorty,”
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`Uponthe application of the United States of America, with the consent of the undersigned
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`counsel, and the defendants having requested discovery under Fed. R. Crim. P. 16, the Court
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`hereby finds and orders as follows:
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`1. Disclosure Material. The Government will make disclosure to the defendants 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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`Case 1:22-cr-00192-JSR Document 51 Filed 05/05/22 Page 2 of 5
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`material that (1) affects the privacy and confidentiality of individuals and entities; (2) would
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`impede,
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`if prematurely disclosed,
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`the Government’s ongoing investigation of uncharged
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`individuals; and (3) is not authorized to be disclosed to the public or disclosed beyond that which
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`is necessary for the defense ofthis criminalcase.
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`2. Sensitive Disclosure Material. Certain of the Government’s disclosure material,
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`referred to herein as “sensitive disclosure material,” contains information that, among other things,
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`identifies, or could lead to the identification of, witnesses who may be subject to intimidation or
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`obstruction, and whose lives, persons, and property, as well as the lives, persons and property of
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`loved ones, will be subject to risk of harm absent the protective considerations set forth herein.
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`The Government’s designation of material as sensitive disclosure material will be controlling
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`absent contrary order of the Court.
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`NOW, THEREFORE, FOR GOOD CAUSE SHOWN,IT IS HEREBY ORDERED:
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`3. Disclosure material shall not be disclosed by the defendants or defense counsel,
`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 or sensitive disclosure material on any Internet site or network site to which
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`personsother than the parties hereto have access, and shall not disclose any disclosure material to
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`the media or any third party except as set forth below.
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`4, Sensitive disclosure material shall be kept in the sole possession of counsel; shall not be
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`reviewed or maintained by the defendants outside the presence of counsel or personnel employed
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`by or retained by counsel; shall not be copied or otherwise recorded by the defendants; and may
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`be disclosed by counsel only to personnel for whose conduct counsel is responsible,i.e., personnel
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`employed by or retained by counsel, as needed for purposes of defending this action.
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`Case 1:22-cr-00192-JSR Document 51 Filed 05/05/22 Page 3of5
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`5. The Government may authorize,
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`in writing, disclosure of disclosure material and
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`sensitive disclosure material beyond that otherwise permitted by this Order without further Order
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`of this Court.
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`6. This Order does not prevent the disclosure of any disclosure material in any hearing or
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`trial held in this action, or to any judge or magistrate judge, for purposes of this action. However,
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`sensitive disclosure material pertinent to any motion before the Court should initially be filed under
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`seal, absent consent of the Governmentor Order of the Court. All filings should comply with the
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`privacy protection provisions of Fed. R. Crim. P. 49.1.
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`Disclosure and Protection of Seized ESI
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`7. The Governmenthas advised that information that may be subject to disclosure in this
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`case may be contained within ESI that the Government has seized, pursuant to warrants issued
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`during the course of the investigation, from various social media accounts, cellphones, and other
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`devices and storage media. This ESI was seized from various cellphones and/or social media
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`accounts belonging to the defendants.
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`8. The Governmentis authorized to disclose to counsel for the defendants, for use solely
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`as permitted herein, the entirety of such seized ESI as the Governmentbelieves may contain
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`disclosure material (“the seized ESI disclosure material”). The defendants, defense counsel, and
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`personnel for whose conduct counsel is responsible, i.e., personnel employed by orretained by
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`counsel, may review the seized ESI disclosure material to identify items pertinent to the defense.
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`They shall not further disseminate or disclose any portion of the seized ESI disclosure material
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`except as otherwise set forth under this Order.
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`9. This Order places norestriction on a defendant’s use or disclosure of ESI that originally
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`belonged to the defendant.
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`Case 1:22-cr-00192-JSR Document 51 Filed 05/05/22 Page 4of5
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`Return or Destruction of Material
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`10. Except for disclosure material that has been madepart ofthe 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 the seized ESI disclosure material, within 30 days of the expiration of the period for
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`direct appeal from any verdict in the above-captioned case; the period of direct appeal from any
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`order dismissing any of the charges in the above-captioned case; or the granting of any motion
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`made on behalf of the Government dismissing any charges in the above-captioned case, whichever
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`date is later. This provision does not apply to any disclosure material or ES] that belongs to the
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`defendant.
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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 CONSENTEDTO:
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`DAMIAN WILLIAMS
`United States Attorney
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`by:
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`Wark S. Depflance
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`John Diaz, Esq.
`Mark DeMarco, Esq.
`Attorneys for Andrew Done
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`Richard Palma, Esq.
`Attorney for Olbeny Diaz
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`Qe
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`Evan Lipton, Esq.
`Attorney for Moises Fontanez
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`/s/ John Kaley
`John Kaley, Esq.
`Attorney for Frailyn Capellan
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`Case 1:22-cr-00192-JSR Document 51 Filed 05/05/22 Page5of5
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`/s/ Clay Kaminsky
`Clay Kaminsky, Esq.
`Attorney for Malvin Restituyo
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`/s/ Joseph Caldarera
`Joseph Caldarera, Esq.
`Attorney for Edwin Jimenez
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`/s/ Telemachus Kasulis
`Telemachus Kasulis, Esq.
`Attorney for Joseph Rivera
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`/s/ Samuel Gregory
`Samuel Gregory, Esq.
`Attorney for Anderson Burdier
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`fae plgburg
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`Raoul Zaltzberg, Esq-
`Attorney for Joel Ortiz
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`Dated: New York, New York
`May 5, 2022
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`SO ORDERED:
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`é.
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`Honoyable Jed. Sa off
`United States District Judge
`Southern District of New York
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