Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 1 of 13
`
`Protective Order
`
`24 Cr. 154 (ER)
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`United States of America
`
`Vv.
`
`JOSE CESARI,
`a/k/a “Cry,”
`MIGUEL CINTRON,
`LUIS IZQUIERDO,
`a/k/a “Luis Zapata,”
`WAKIEM JOHNSON,
`a/k/a “Waka,”
`KEMAR BONITTO,
`DEYLIN MARTINEZ-GUERRERO,
`ANTONIO GONZALEZ,and
`JUSTIN BRUNO,
`
`Defendants.
`
`
`Uponthe application of the United States of America, with the consentof the undersigned
`
`counsel, and the defendants having requested discovery under Fed. R. Crim. P. 16, the Court
`
`hereby finds and orders as follows:
`
`Categories
`
`1. Disclosure Material. The Government will make disclosure to the defendants of
`
`documents, objects and information, including electronically stored information (“ESI”), pursuant
`
`to Federal Rule of Criminal Procedure 16, 18 U.S.C. § 3500, and the Government’s general
`
`obligation to produce exculpatory and impeachment material in criminal cases, all of which will
`
`be referred to herein as “Disclosure Material.’ The Government’s Disclosure Material may
`
`include material that (i) affects the privacy, confidentiality and business interests of individuals
`
`andentities; (ii) would impede,if prematurely disclosed, the Government’s ongoing investigation
`
`of uncharged individuals; (iii) would risk prejudicial pretrial publicity if publicly disseminated;
`
`2023.11.26
`
`

`

`Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 2 of 13
`
`(iv) may be produced with more limited redactions than would otherwise be necessary; and (v)
`
`that is not authorized to be disclosed to the public or disclosed beyond that whichis necessary for
`
`the defense of this criminal case.
`
`2. Sealed Material. Certain of the Government’s Disclosure Material, referred to herein
`
`as “Sealed Material,” contains information that identifies, or could lead to the identification of,
`
`witnesses who may be subject to intimidation or obstruction, and whose lives, persons, and
`
`property, as well as the lives, persons and property of loved ones, will be subject to risk of harm
`
`absent the protective considerations set forth herein or information that may revealtrade secrets or
`
`other information that may cause financial loss or other harm to a businessentity.
`
`3. Attorney’s Possession Only (“APO”) Material. Certain materials in this case raise a
`
`particularrisk of affecting the privacy or safety of victims or witnesses, or the confidentiality of
`
`ongoing investigations. Disclosure Material produced by the Government to the defendantorhis
`
`counsel that is either (1) designated in whole or in part as “Attorney’s Possession Only” by the
`
`Governmentin emails or communications to defense counsel, or (2) that includes a Bates or other
`
`label stating “Attorney’s Possession Only” or “APO” shall be deemed “APO Material.” Any
`
`material designated as APO Materialshall also be deemed Sealed Material.
`
`4,. Attorney’s Eyes Only (“AEO”) Material. Certain materials in this case raise a more
`
`significantrisk of affecting the privacy or safety of victims or witnesses, or the confidentiality of
`
`ongoing investigations. Disclosure Material produced by the Government to the defendantorhis
`
`counsel that is either (1) designated in whole or in part as “Attorney’s Eyes Only” by the
`
`Governmentin emails or communications to defense counsel, or (2) that includes a Bates or other
`
`label stating “Attorney’s Eyes Only” or “AEO”shall be deemed “AEO Material.” Any material
`
`designated as AEO Materialshall also be deemed Sealed Material.
`
`2023.11.26
`
`

`

`Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 3 of 13
`
`NOW, THEREFORE, FOR GOOD CAUSE SHOWN,IT IS HEREBY ORDERED:
`
`Disclosure and Treatment
`
`5. Disclosure Material shall not be disclosed by the defendant or defense counsel,
`
`including any successor counsel (“the defense”) other than as set forth herein, and shall be used
`
`by the defense solely for purposes of defending this action. The defense shall not post any
`
`Disclosure Material on any Internet site or network site, including any social mediasite such as
`
`Facebook or Twitter, to which persons other than the parties hereto have access, and shall not
`
`disclose any Disclosure Material to the media.
`
`6. Sealed Material pertinent to any motion before the Court shouldinitially be filed under
`
`seal, absent consent of the Government or Order of the Court, and may be disclosed by defense
`
`counsel to:
`
`a. The defendant;
`
`b. Personnel for whose conduct defense counsel is responsible,
`
`i.e., personnel
`
`employed by orretained by counsel, as needed for purposes of defending this action; and
`
`c. Prospective witnesses for purposes of defendingthis action.
`
`7. APO Material received by defense counsel shall be maintained in a safe and secure
`
`mannerby defense counsel and any personnel for whose conduct defense counsel is responsible;
`
`shall not be possessed by the defendant, except in the presence of the defendant’s counsel and any
`
`personnel for whose conduct defense counsel is responsible; and shall not be disclosed in any form
`
`by the defendant, his counsel, or any personnel for whose conduct defense counsel is responsible
`
`except as set forth herein.
`
`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 orthe content of the AEO Material
`
`2023.11.26
`
`

`

`Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 4 of 13
`
`with any other persons, including the defendant, except for any personnel for whose conduct
`
`defense counselis responsible.
`
`Other Provisions
`
`9. This Order does not prevent the disclosure of any Disclosure Material in any hearing
`
`or trial held in this action, or to any judge or magistrate judge, for purposes of this action but,
`
`except to the extent provided otherwise below, shall not be disclosed or used in any form in any
`
`othercivil litigation, arbitration, or other private or alternative dispute resolution. All filings
`
`should comply with the privacy protection provisions of Fed. R. Crim. P. 49.1 and the above
`
`provisions.
`
`10. The Government’s designation of material will be controlling absent contrary order of
`
`the Court. The parties shall meet and confer regarding any dispute over such designations, after
`
`which the defense may seek de-designation by the Court. The Government may authorize, in
`
`writing, disclosure of Disclosure Material beyond that otherwise permitted by this Order without
`
`further Orderof this Court.
`
`11. The defense shall provide a copy of this Order to prospective witnesses and persons
`
`retained by counsel to whom the defense has disclosed Disclosure Material. All such persons shall
`
`be subject to the terms of this Order. Defense counselshall maintain a record of what information
`
`has been disclosed to which such persons.
`
`12. Except for Disclosure Material that has been made part of the record of this case, the
`
`defense shall return to the Government or securely destroy or delete all Disclosure Material,
`
`including any ESI, within 30 days of the expiration of the period for direct appeal from any verdict
`
`in the above-captioned case; the period of direct appeal from any order dismissing any of the
`
`charges in the above-captioned case; and the granting of any motion made on behalf of the
`
`2023.11.26
`
`

`

`Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 5 of 13
`
`Governmentdismissing any charges in the above-captioned case, whicheverdateis later, subject
`
`to defense counsel’s obligation to retain client files under the Rules of Professional Conduct. If
`
`Disclosure Material is provided to any personnel for whose conduct defense counselis responsible
`
`or prospective witnesses, defense counsel shall make reasonable efforts to seek the return or
`
`destruction of such materials.
`
`13. The Governmenthas advised that information that may be subject to disclosurein this
`
`case may be contained within ESI that the Government has received, pursuant to warrants issued
`
`during the course ofthe investigation, from various computers, cellphones, and other devices and
`
`storage media. This ESI was obtained from: Jose Cesari, Antonio Gonzalez, and Justin Bruno.
`
`Upon consent of all counsel, the Government is authorized to disclose to defense counsel the
`
`entirety of such ESI, which shall be deemed Sealed Material unless otherwise designated.
`
`14, This Order places no restriction on a defendant’s use or disclosure of ESI or other
`
`Disclosure Material that originally belonged to the defendant.
`
`15. The defense shall not provide any Disclosure Material to any foreign persons or
`
`entities, except if such persons or entities are personnel for whose conduct defense counsel is
`
`responsible orif the Court authorizes such disclosure on a case-by-casebasis.
`
`2023.11.26
`
`

`

`Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 6 of 13
`
`Retention of Jurisdiction
`
`16. The provisions of this order shall not terminate at the conclusion of this criminal
`
`prosecution and the Court will retain jurisdiction to enforce this Order following termination of
`
`the case.
`
`AGREED AND CONSENTEDTO:
`
`DAMIAN WILLIAMS
`United States Attorney
`
`
`
`by: a Date:—April 29,2024
`Joseph H. Rosenb g
`Adam Z. Margulies
`Assistant United States Attorney
`
`
`
`SO ORDERED:
`
`Dated: New York, New York
`
`Ney &, 2024
`
`
`
`THE HONORABLE EDGARDO RAMOS
`UNITED STATESDISTRICT JUDGE
`
`2023.11.26
`
`

`

`Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 7 of 13
`
`
`
`Consent to Entry of Protective Order
`
`I, Danya Perry, Esq., have read and reviewed the proposed Protective Orderin the case of United
`States v. Jose Cesari, et al., 24 Cr. 154 (ER), and I consentto the entry of the Order on behalf of
`my client, Kemar Bonitto.
`
`Dog
`
`
`Danya Perry, Esq.
`Attorney for Defendant KemarBonitto
`
`2023.11.26
`
`

`

`Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 8 of 13
`
`Consent to Entry of Protective Order
`
`I, Sylvie Levine, Esq., have read and reviewed the proposed Protective Order in the case of United
`States v. Jose Cesari, et al., 24 Cr. 154 (ER), and I consent to the entry of the Order on behalf of
`myclient, Justin Bruno.
`
`
`
`Sylvie Levine, Esq.
`Attorney for Defendant Justin Bruno
`
`2023.11.26
`
`

`

`Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 9 of 13
`
`
`
`Consent to Entry of Protective Order
`
`I, Jeremy Schneider, Esq., have read and reviewed the proposed Protective Orderin the case of
`United States v. Jose Cesari, et al., 24 Cr. 154 (ER), and I consent to the entry of the Order on
`behalf of my client, Miguel Cintron.
`
`
`
`2023.11.26
`
`

`

`Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 10 of 13
`
`Consent to Entry of Protective Order
`
`I, Ezra Spilke, Esq., have read and reviewed the proposed Protective Orderin the case of United
`States v. Jose Cesari, et al., 24 Cr. 154 (ER), and I consent to the entry of the Order on behalf of
`my client, Antonio Gonzalez.
`
`
`Ezfa Spilke, Esq.
`Attorney for Defendant Antonio Gonzalez
`
`2023.11.26
`
`

`

`Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 11 of 13
`
`Consent to Entry of Protective Order
`
`I, Richard Rosenberg, Esq,, have read and reviewed the proposed Protective Orderin the case of
`United States v. Jose Cesari, et al., 24 Cr. 154 (ER), and I consent to the entry of the Order on
`behalf of my client, Luis Izquierdo, a/k/a “Luis Zapata.”
`
` N
`Richard Rosenberg, Esq.
`Attorney for Defendant Luis Izquierdo
`
`2023.11.26
`
`

`

`Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 12 of 13
`
`Consent to Entry of Protective Order
`
`I, Joshua Horowitz, Esq., have read and reviewed the proposed Protective Order in the case of
`United States v. Jose Cesari, et al., 24 Cr. 154 (ER), and I consent to the entry of the Order on
`
`behalfofmyclient,WayJohnson,a/k/a“Waka.”
`
`5.2.24
`
`Joshua Horowitz, Esq.
`Attorney for Defendant Wakiem Johnson
`
`2023.11.26
`
`

`

`Case 1:24-cr-00154-ER Document 42 Filed 05/08/24 Page 13 of 13
`
`Consent to Entry of Protective Order
`
`I, David Touger, Esq., have read and reviewed the proposed Protective Orderin the case of United
`States v. Jose Cesari, et al.,24 Cr. 154 (ER), and I consent to the entry of the Order on behalf of
`my client, Deylin Martinez-Guerrero.
`
`
`David
`“ESQ.
`Attorney for Defendant Deylin Martinez-Guerrero
`
`2023.11.26
`
`