Case 7:21-cr-00502-PMH Document 22 Filed 09/24/21 Page 1 of 5
`Case 7-21-cr-00502-PMH Document 20-1 Filed in NYSD on 09/23/2021 Page 1 of 5
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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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`ROHARIL CRUZ,
`a/k/a “Roger,” and
`MAX JOSE LAMARCHE,
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`Protective Order
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`21 Cr. 502 (PMH)
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`v.
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` Defendants.
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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 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 has made and will make disclosure to the
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`defendant(s) of documents, objects and information, including electronically stored information
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`(“ESI”), pursuant to Federal Rule of Criminal Procedure 16, 18 U.S.C. §3500, and the
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`Government’s general obligation to produce exculpatory and impeachment material in criminal
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`cases, all of which will be referred to herein as “disclosure material.” The Government’s disclosure
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`material may include material that (i) affects the privacy and confidentiality of individuals; (ii)
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`would impede, if prematurely disclosed, the Government’s ongoing investigation of uncharged
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`individuals; (iii) would risk prejudicial pretrial publicity if publicly disseminated; and (iv) that is
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`not authorized to be disclosed to the public or disclosed beyond that which is necessary for the
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`defense of this criminal case.
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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 identifies, or could
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`lead to the identification of, witnesses who may be subject to intimidation or obstruction, and
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`whose lives, persons, and property, as well as the lives, persons and property of loved ones, will
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`Case 7:21-cr-00502-PMH Document 22 Filed 09/24/21 Page 2 of 5
`Case 7-21-cr-00502-PMH Document 20-1 Filed in NYSD on 09/23/2021 Page 2 of 5
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`be subject to risk of harm absent the protective considerations set forth herein. The Government’s
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`designation of material as sensitive disclosure material will be controlling absent contrary order of
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`the Court.
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`3. Facilitation of Discovery. The entry of a protective order in this case will permit the
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`Government to produce expeditiously the disclosure material without further litigation and to
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`disclose all disclosure material and sensitive disclosure material without significant delay
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`occasioned by complete responsiveness review or comprehensive redactions. It will also afford
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`the defense prompt access to those materials which will facilitate the preparation of the defense.
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`NOW, THEREFORE, FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED:
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`4. Disclosure material shall not be disclosed by the defendants 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 to which persons other than the parties
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`hereto have access, and shall not disclose any disclosure material to the media or any third party
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`except as set forth below.
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`5. Disclosure material that is not sensitive disclosure material may be disclosed by
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`counsel to:
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`a. Personnel for whose conduct counsel is responsible, i.e., personnel employed
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`by or retained by counsel, as needed for purposes of defending this action;
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`b. Prospective witnesses for purposes of defending this action.
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`6. Sensitive disclosure material shall be labeled “SENSITIVE” and may be disclosed only
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`to personnel for whose conduct counsel is responsible, i.e., personnel employed by or retained by
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`counsel, and the defendants, subject to the following limitations:
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`Case 7-21-cr-00502-PMH Document 20-1 Filed in NYSD on 09/23/2021 Page 3 of 5
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`a. The defendants may review sensitive disclosure material only in the presence
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`of counsel or any other person authorized to receive sensitive disclosure
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`material, whether in-person or virtual;
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`b. The defendants may not copy or otherwise record sensitive disclosure material;
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`c. The defendants may not keep sensitive disclosure material or a copy of such
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`material outside the presence of counsel, including in any prison facility.
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`7. The Government may authorize, in writing, disclosure of disclosure material beyond
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`that otherwise permitted by this Order without further Order of this Court.
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`8. 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 Government or 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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`9. If there is a dispute between the parties concerning the Government’s sensitive
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`disclosure material designation of certain discovery materials, the parties shall meet and confer
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`without prejudice to a subsequent application by defense counsel seeking de-designation of such
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`materials by the Court. If the defense moves the Court for de-designation of disputed material, the
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`Government shall respond within seven days of the defense filing, absent further order of the
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`Court. The Government shall bear the burden of establishing good cause for its sensitive disclosure
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`material designation of any disputed materials. Pending resolution by the Court, the parties shall
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`comply with any sensitive disclosure material designation.
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`10. 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 the seized ESI disclosure material, within 30 days of the expiration of the period for
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`Case 7-21-cr-00502-PMH Document 20-1 Filed in NYSD on 09/23/2021 Page 4 of 5
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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. If disclosure material is provided to any prospective witnesses, counsel shall make
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`reasonable efforts to seek the return or destruction of such materials.
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`11. The defense shall provide a copy of this Order to prospective witnesses and persons
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`retained by counsel to whom the defense has disclosed disclosure material or the Government’s
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`ESI production. All such persons shall be subject to the terms of this Order. Defense counsel shall
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`maintain a record of what information has been disclosed to which such persons.
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`12. This Order places no restriction on a defendant’s use or disclosure of ESI that originally
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`belonged to the defendants.
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` Retention of Jurisdiction
`12. 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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`SO ORDERED:
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`Dated: White Plains, New York
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`September ___, 2021
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`_______________________________________
`THE HONORABLE PHILIP M. HALPERN
`UNITED STATES DISTRICT JUDGE
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`Case 7:21-cr-00502-PMH Document 22 Filed 09/24/21 Page 5 of 5
`Case 7-21-cr-00502-PMH Document 20-1 Filed in NYSD on 09/23/2021 Page 5 of 5
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`AGREED AND CONSENTED TO:
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`AUDREY STRAUSS
`United States Attorney
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`by: _____________________________
`Jennifer N. Ong
`Assistant United States Attorney
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`Date: September 20, 2021
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`___________________________
`Samuel Braverman, Esq.
`Counsel for Roharil Cruz
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`___________________________
`Sean Maher, Esq.
`Counsel for Max Jose Lamarche
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`Date: _____________________
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`September 23, 2021
`Date: _____________________
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`September 23, 2021
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