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USA v. Resto

Docket 1:24-mj-03416, New York Southern District Court (Sept. 24, 2024)
DivisionFoley Square
FlagsCLOSED
Defendant Giovanni Resto
Plaintiff USA
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No. 5 Rule 5(f) ORDER as to Giovanni Resto

Document USA v. Resto, 1:24-mj-03416, No. 5 (S.D.N.Y. Sep. 24, 2024)
KATHARINE H. PARKER, United States Magistrate 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.
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 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; 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.
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