Case 1:18-cr-00820-JSR Document 11 Filed 11/15/18 Page 1 of 4

UNITED STA TES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
- v. -

18 Cr. 820 (JSR)

CESAR ALTIERI SA YOC,
a/k/a "Cesar Randazzo,"
a/k/a "Cesar Altieri,"
a/k/a "Cesar Altieri Randazzo,"
Defendant.

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JED S. RAKOFF, District Judge:
WHEREAS, defendant CESAR ALTIERI SA YOC, a/k/a "Cesar Randazzo," a/k/a
"Cesar Altieri," a/k/a "Cesar Altieri Randazzo," has certain rights under the United States
Constitution, federal statutes, and the Federal Rules of Criminal Procedure, to pretrial discovery;
WHEREAS, the Government recognizes its obligation to provide such discovery
materials to the defendant, consistent with national security concerns, the need to protect public
safety, the confidentiality of ongoing investigations, and the confidentiality interests of others;
WHEREAS,.the discovery materials that the Government intends to provide to the
defendant contain materials that, if disseminated to third parties, could, among other things, pose
a threat to public safety, implicate national security concerns, impede ongoing investigations, and
implicate the safety, privacy, and confidentiality interests of others;
WHEREAS, the Government has demonstrated good cause for the relief set forth
herein;
WHEREAS, the defendant, by his attorneys, Sarah Baumgartel and Amy
Gallicchio, consents to the entry of this Order;

 Case 1:18-cr-00820-JSR Document 11 Filed 11/15/18 Page 2 of 4

NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to Federal Rule of
Criminal Procedure I 6(d):
I.

Discovery materials

designated

as

"Protected

Materials"

by the

Government shall be used by the defendant, his counsel, and his counsel's agents only for purposes
of defending the charges, in connection with sentencing, and pursuing any appeals in this criminal
action. To the extent the Protected Materials are shown to additional persons consistent with the
terms set forth below, those additional persons may use the Protected Materials only in connection
with this criminal action.
2.

The Protected Materials and the information contained or disclosed therein:
a.

Shall be used by the defendant or his counsel only for purposes of

b.

Shall not be disclosed in any form or way by the defendant or his

this criminal action;

counsel to any third party except as set forth in paragraphs 2(c) and 3 below;
c.

May be disclosed only by the defendant's counsel and only to the

following persons (hereinafter "Designated Persons"):
1.

investigative, secretarial, clerical, paralegal and student

personnel employed full-time or part-time by the defendant's attorneys;
11.

independent expert witnesses, investigators, or advisors

retained by the defendant in connection with this action; and
m.

such other persons as hereafter may be authorized by the

Court upon such motion by the defendant; and
d.

Shall be returned to the Government following the conclusion of this

case.

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 Case 1:18-cr-00820-JSR Document 11 Filed 11/15/18 Page 3 of 4

3.

Defense counsel may seek authorization of the Court-including on an ex

parte basis, where appropriate-to show and when necessary provide certain specified Protected

Materials to persons whose access to discovery materials is otherwise prohibited by the preceding
paragraphs, if it is determined by the Court that such access is necessary for the purpose of
preparing the defense of this case.
4.

The defendant and his counsel shall provide a copy of this Order to

Designated Persons to whom materials subject to the protections of this Order are disclosed
pursuant to paragraphs 2(c) or 3. Designated Persons shall be subject to the terms of this Order.
5.

Discovery materials designated as "Sensitive Materials" by the Government

shall be subject to all of the protections and terms set forth in paragraphs I through 4. In addition,
the defendant is precluded from possessing any Sensitive Materials (or any copies of such
materials) in any jail facility, either before, during, or after trial, except that the defendant may
review Sensitive Materials in the possession of defense counsel or other staff employed by the
defense, when in the presence of defense counsel or other staff employed by the defense.
6.

The Government shall designate all materials subject to this protective order

m a manner indicating their status as Protected Materials and/or Sensitive Materials.

The

defendant reserves the right to oppose the Government's designation of specific materials as either
Protected Materials or Sensitive Materials. If the defendant opposes the Government's designation
of materials pursuant to this paragraph, the parties shall meet and confer in an effort to resolve the
dispute. If the dispute is not resolved, the Government shall be required to show good cause as to
why those specific materials must be designated as either Protected Materials or Sensitive
Materials.

The defendant shall treat the challenged materials as Protected Materials and/or

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 Case 1:18-cr-00820-JSR Document 11 Filed 11/15/18 Page 4 of 4

Sensitive Materials pending the Court's order regarding whether the Government has made the
requisite showing of good cause with respect to those materials.
7.

The provisions of this Order shall not be construed as preventing the

disclosure of any information in any motion, hearing, trial, or sentencing proceeding held in this
action or to any judge or magistrate of this Court in connection with the above-captioned matter.
AGREED AND CONSENTED TO:

Amy Gallicchio
Attorneys for the Defendant
SO ORDERED:

l1lE Sd-RA~L"KOFF
United States District Judge
Southern District of New York

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