Case 1:22-cr-00192-JSR Document 55 Filed 05/18/22 Page 1 of 3
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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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`VICTOR ALMONTE,
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`Defendant.
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`22-CR-192 (JSR)
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`ORDER
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`SARAH NETBURN, United States Magistrate Judge:
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`This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due
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`Process Protections Act, Pub. L. No 116–182, 134 Stat. 894 (Oct. 21, 2020), to confirm the
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`Government’s disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its
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`progeny, and to summarize the possible consequences of violating those obligations.
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`The Government must disclose to the defense all information “favorable to an accused”
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`that is “material either to guilt or to punishment” and that is known to the Government. Id. at 87.
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`This obligation applies regardless of whether the defendant requests this information or whether
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`the information would itself constitute admissible evidence. The Government shall disclose such
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`information to the defense promptly after its existence becomes known to the Government so
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`that the defense may make effective use of the information in the preparation of its case.
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`As part of these obligations, the Government must disclose any information that can be
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`used to impeach the trial testimony of a Government witness within the meaning of Giglio v.
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`United States, 405 U.S. 150 (1972), and its progeny. Such information must be disclosed
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`Case 1:22-cr-00192-JSR Document 55 Filed 05/18/22 Page 2 of 3
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`sufficiently in advance of trial in order for the defendant to make effective use of it at trial or at
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`such other time as the Court may order.1
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`The foregoing obligations are continuing ones and apply to materials that become known
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`to the Government in the future. These obligations also apply to information that is otherwise
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`subject to disclosure regardless of whether the Government credits it.
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`In the event the Government believes that a disclosure under this Order would
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`compromise witness safety, victim rights, national security, a sensitive law-enforcement
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`technique, or any other substantial government interest, it may apply to the Court for a
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`modification of its obligations, which may include in camera review or withholding or subjecting
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`to a protective order all or part of the information otherwise subject to disclosure.2
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`For purposes of this Order, the Government has an affirmative obligation to seek all
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`information subject to disclosure under this Order from all current or former federal, state, and
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`local prosecutors, law enforcement officers, and other officers who have participated in the
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`prosecution, or investigation that led to the prosecution, of the offense or offenses with which the
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`defendant is charged.
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`If the Government fails to comply with this Order, the Court, in addition to ordering
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`production of the information, may:
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`(1) specify the terms and conditions of such production;
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`(2) grant a continuance;
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`(3) impose evidentiary sanctions;
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`(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;
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`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.
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`2
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`Case 1:22-cr-00192-JSR Document 55 Filed 05/18/22 Page 3 of 3
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`(5) dismiss charges before trial or vacate a conviction after trial or a guilty plea; or
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`(6) enter any other order that is just under the circumstances.
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`SO ORDERED.
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`Dated: May 16, 2022
`New York, New York
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`3
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