08/17/2009 48 Letter to Honorable Joseph J. Farnan, Jr. from Keith M. Rosen and Shannon T. Hanson regarding Stipulated Protectived Order attached. (Rosen, Keith) (Entered: 08/17/2009)
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Doc 48 OCR Extract
August 17, 2009
Via CM/ECF
Honorable Joseph J. Farnan, Jr.
United States District Court for the District of Delaware J. Caleb Boggs Federal Building
844 King Street
Wilmington, DE 19801
Re: United States v. Joseph Mangiapane, Jr. Crim. Action No. 09-23-JJF
Dear Judge Farnan:
The parties in the above-captioned case have agreed upon a proposed Stipulated Protective Order to govern the discovery process. A copy of the proposed Order is attached hereto, which has been executed by counsel for the government and the defendant pro se.
Pursuant to Fed. R. Crim. P. 16(d)(1), we respectfully ask that the Court enter the proposed Protective Order. As set forth therein, it is necessary in this case because, among other things, the discovery materials contain a significant amount of third-party financial and identity information.
We remain available to address any questions that the Court may have.
Respectfully submitted,
DAVID C. WEISS United States Attorney
BY: /
Keith M. Rosen
Shannon T. Hanson
Assistant United States Attorneys
cc: Joseph Mangiapane, Jr. (via ECF and first class mail) Attachment
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA,
Plaintiff,
v.
PAWEL DYNKOWSKI, a/k/a
PAUL DYNKOWSKI, a/k/a "EVO," JOSEPH MANGIAPANE, JR., and MARC RIVIELLO,
Defendants.
: Criminal Action No. 09-23-JJF
STIPULATED PROTECTIVE ORDER
WHEREAS defendant Joseph Mangiapane, Jr., has notified the Court of his intention to proceed pro se in this matter; and
WHEREAS the defendant has filed motions relating inter alia to the production of discovery; and
WHEREAS the government expects to produce discovery materials relating to potential civilian trial witnesses, to include Grand Jury transcripts, prior statements of witnesses, and other relevant materials related to this investigation and prosecution, including information relating to securities trading, banking, and other financial transactions of the witnesses and/or containing certain third-party identity information (collectively the "Witness Discovery"); and
WHEREAS, the government has advised that the Witness Discovery in this matter includes third-party identity information such as Social Security numbers and other financial transaction information that cannot readily be redacted; and
WHEREAS, the parties and the Court wish to expedite the flow of Witness Discovery between the parties and to protect adequately material entitled to be kept confidential;
WHEREAS, the government is willing to provide the Witness Discovery sooner than required under applicable law, including the Jencks Act; and
WHEREAS, the government is concerned that the Witness Discovery be carefully controlled, due, in part, to concerns raised by some prospective witnesses regarding their physical safety if their statements were to be disclosed to individuals connected with this and related prosecutions; due, in part, to the nature of the witnesses' securities trading, banking, and other financial and third-party identity information to be provided, and due to the fact that some of the materials include information protected by Federal Rule of Criminal Procedure 6(e).
IT IS HEREBY ORDERED, pursuant to Fed. R. Crim. P. 16(d)(1) and with the consent of the parties:
1. Production of covered materials. The United States may produce Witness Discovery materials to the defendant, pursuant to any discovery requests. If the government produces Witness Discovery it shall provide only one copy thereof. The government shall advise the defendant at the time of any production which materials constitute Witness Discovery and therefore are subject to this Protective Order.
2. Prohibition on Disclosure. The defendant may use the Witness Discovery solely for the purpose of preparing a defense to the charges pending against the Defendant in the above- captioned case. Except as provided in this Order, the defendant shall not disclose, transfer, or transmit the contents of the Witness Discovery (including, but not limited to, any summary, extract or verbatim account of any portion thereof) without prior leave of Court with notice to the government. The defendant shall take all necessary steps to safeguard the Witness Discovery from any improper disclosure, intentional or inadvertent, and treat said materials as sealed.
3. Copying. Except as necessary for the purpose of defending the instant litigation, the defendant shall not copy nor reproduce the Witness Discovery, nor allow it to be reproduced by any third party.
4. Use of Witness Discovery in Court. If the Witness Discovery, or any portions thereof, are to be filed with the Court in connection with this matter, or referred to in any pleading filed with the Court, such documents or pleadings shall be filed with the Clerk of the Court under seal and in sealed envelopes prominently marked with the caption of this case and the notation: "Contains Information Subject to Protective Order." The procedures for use of materials covered by this Order during any hearing or the trial of this matter shall be determined by the parties and the Court in advance of the hearing or trial. No party shall disclose any identity information contained within the Witness Discovery in any proceeding in open court without the prior consent of the government or approval by the Court.
6. Destruction. Within 90 days after final adjudication of this action and after all appeal rights have been exhausted, the Witness Discovery shall be returned to counsel for the United States government, along with all copies thereof, as well as all summaries or other documents containing identity information from the Witness Discovery or the same shall be destroyed and the defendant shall certify in writing, under penalty of perjury, to counsel for the United States that the documents have been destroyed.
7. No Waiver. The failure to designate any material as provided above shall not constitute a waiver of the government's assertion that the Witness Discovery materials are covered by this Protective Order.
8. No Ruling on Discoverability or Admissibility. This Protective Order does not constitute a ruling on the question of whether any particular material is properly discoverable or admissible, or, if discoverable, when any particular material must be produced to the defendant; and does not constitute any ruling on any potential objection to the discoverability of any material.
9. Disclosure to Agencies or Departments of the United States. Nothing contained in this Protective Order shall prevent or in any way limit or impair the right of the United States to disclose to any agency or department of the United States, or any division of any such agency or department, designated Witness Discovery relating to any potential violation fo law or regulation, or relating to any matter within that agency's jurisdiction, nor shall anything contained in this Protective Order prevent or in any way limit or impair the use of any such Witness Discovery in any proceeding relating to any potential violation of law or regulation, or relating to any matter within that agency's jurisdiction.
10. Agreement. The parties have indicated their consent to the terms of this Protective Order by their signatures below.
FOR THE DEFENDANT:
Joseph Mangiapane, Jr
Defendant, Pro Se
FOR THE GOVERNMENT:
DAVID C. WEISS
United States Attorney
Keith M. Rosen
Shannon T. Hanson
Assistant United States Attorneys
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