EFTA00021880

Case 1:15-cv-01433-LAP Document 1100-1 Filed 08/10120 Page 1 of 13 EXHIBIT A EFTA00021880 CaSage1152fIxOTICES3DAU ND diteroemittlICID- IF iIkleONDRISZU2CPnionreCF Af)1Q USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC 0: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DATE FILED:7/30/2020 x UNITED STATES OF AMERICA PROTECTIVE ORDER 20 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. x ALISON J. NATHAN, United States District Judge: WHEREAS the Government intends to produce to GHISLAINE MAXWELL, the defendant, certain documents and materials that (i) affect the privacy and confidentiality of individuals, (ii) would impede, if prematurely disclosed, the Government's ongoing investigation; (iii) would risk prejudicial pretrial publicity if publicly disseminated, and (iv) is not authorized to be disclosed to the public or disclosed beyond that which is necessary for the defense of this action, and other materials pursuant to Federal Rule of Criminal Procedure 16 ("Rule 16") and pursuant to any other disclosure obligations (collectively, the "Discovery"), which contain sensitive, confidential, or personal identifying information; WHEREAS, the Government seeks to protect sensitive, confidential, or personal identifying information contained in the materials it produces consistent with Rule 16 or other disclosure obligations; 1 EFTA00021881 C&ea 1152eu 40 MOBDine ND di/mamma rILLIDID - IF I Rear 033B2332 CP (s* cif 01213 WHEREAS the Government has applied for the entry of this Order; IT HEREBY IS ORDERED: 1. The Discovery disclosed to the defendant ("Defendant") and/or to the defendant's criminal defense attorneys ("Defense Counsel") during the course of proceedings in this action: a) Shall be used by the Defendant or her Defense Counsel solely for purposes of the defense of this criminal action, and not for any civil proceeding or any purpose other than the defense of this action; b) Shall not be copied or otherwise recorded or transmitted by the Defendant, except to Defense Counsel, or except as necessary for the Defendant to take notes, which are not to be further transmitted to anyone other than Defense Counsel; c) Shall not be disclosed or distributed in any form by the Defendant or her counsel except as set forth in paragraph 1(d) below; d) May be disclosed only by Defense Counsel and only to the following persons ("Designated Persons"): i. investigative, secretarial, clerical, or paralegal personnel employed full-time, part-time, or as 2 EFTA00021882 CaSEISE 1152a-40 MED/40 ND ditametrit rILLIDEMF ilEdefINOBB2332 CP algage of 01213 independent contractors by the defendant's counsel ("Defense Staff"); ii. any expert or potential expert, legal advisor, consultant, or any other individual retained or employed by the Defendant and Defense Counsel for the purpose of assisting in the defense of this case ("Defense Experts/Advisors"); iii. such other persons as hereafter may be authorized by Order of the Court ("Other Authorized Persons"); e) May be provided to prospective witnesses and their counsel (collectively, "Potential Defense Witnesses"), to the extent deemed necessary by defense counsel, for trial preparation. To the extent Discovery materials are disclosed to Potential Defense Witnesses, they agree that any such materials will not be further copied, distributed, or otherwise transmitted to individuals other than the recipient Potential Defense Witnesses. 2. The Defendant and Defense Counsel shall provide a copy of this Order to any Designated Persons to whom they disclose Discovery materials. Prior to disclosure of Discovery materials to Designated Persons, any such Designated Person shall agree to be subject to the terms of this Order by signing a copy hereof and stating that they "Agree to be bound by the terms herein," and providing such copy to Defense Counsel. All 3 EFTA00021883 CaSeSe 11520/(0 7)233DAC3 ND didametrit rILLIDEMRIEdal7013B2332 CP dg eg cif m213 such acknowledgments shall be retained by Defense Counsel and shall be subject to in camera review by the Court if good cause for review is demonstrated. The Defendant and her counsel need not obtain signatures from any member of the defense team (i.e., attorneys, experts, consultants, paralegals, investigators, support personnel, and secretarial staff involved in the representation of the defendants in this case), all of whom are nonetheless bound by this Protective Order. 3. To the extent that Discovery is disseminated to Defense Experts/Advisors, Other Authorized Persons, or Potential Defense Witnesses, via means other than electronic mail, Defense Counsel shall encrypt and/or password protect the Discovery. 4. The Government, the Defendant, Defense Counsel, Defense Staff, Defense Experts/Advisors, Potential Defense Witnesses and their counsel, and Other Authorized Persons are prohibited from posting or causing to be posted any of the Discovery or information contained in the Discovery on the Internet, including any social media website or other publicly available medium. 5. The Government (other than in the discharge of their professional obligations in this matter), the Defendant, Defense Counsel, Defense Staff, Defense Experts/Advisors, Potential Defense Witnesses and their counsel, and Other Authorized Persons are strictly prohibited from publicly 4 EFTA00021884 CaSagE335204M1133DAC3NDditametrertilED-rilEilal7013B2332CPSTece I213 disclosing or disseminating the identity of any victims or witnesses referenced in the Discovery. This Order does not prohibit Defense Counsel or Defense Staff from referencing the identities of individuals they believe may be relevant to the defense to Potential Defense Witnesses and their counsel during the course of the investigation and preparation of the defense case at trial. Any Potential Defense Witnesses and their counsel who are provided identifying information by Defense Counsel or Defense Staff are prohibited from further disclosing or disseminating such identifying information. This Order does not prohibit Defense Counsel from publicly referencing individuals who have spoken by name on the public record in this case. 6. The Defendant, Defense Counsel, Defense Staff, Defense Experts/Advisors, Potential Defense Witnesses, and Other Authorized Persons are prohibited from filing publicly as an attachment to a filing or excerpted within a filing the identity of any victims or witnesses referenced in the Discovery, who have not spoken by name on the public record in this case, unless authorized by the Government in writing or by Order of the Court. Any such filings must be filed under seal, unless authorized by the Government in writing or by Order of the Court. 5 EFTA00021885 C&iae115213/40?)2EGDAONIDdittastoetritrILLIDEMFilEdell700,12332CPS*0 (1213 7. Copies of Discovery or other materials produced by the Government in this action bearing "confidential" stamps, or designated as "confidential" as described below, and/or electronic Discovery materials designated as "confidential" by the Government, including such materials marked as "confidential" either on the documents or materials themselves, or designated as "confidential" in a folder or document title, are deemed "Confidential Information." The Government shall clearly mark all pages or electronic materials containing Confidential Information, or folder or document titles as necessary, with "confidential" designations. 8. Confidential Information may contain personal identification information of victims, witnesses, or other specific individuals who are not parties to this action, and other confidential information; as well as information that identifies, or could lead to the identification of, witnesses in this matter. The identity of an alleged victim or witness who has identified herself or himself publicly as such on the record in this case shall not be treated as Confidential Information. 9. Defense Counsel may, at any time, notify the Government that Defense Counsel does not concur in the designation of documents or other materials as Confidential Information. If the Government does not agree to de-designate such documents or materials, Defense Counsel may thereafter move 6 EFTA00021886 CaSagE 11520/(07)233D40 NDdittaroemt iIEilef/17013)12332CP*ezg ®213 the Court for an Order de-designating such documents or materials. The Government's designation of such documents and materials as Confidential Information will be controlling absent contrary order of the Court. 10. Confidential Information disclosed to the defendant, or Defense Counsel, respectively, during the course of proceedings in this action: a) Shall be used by the Defendant or her Defense Counsel solely for purposes of the defense of this criminal action, and not for any civil proceeding or any purpose other than the defense of this action; b) Shall be maintained in a safe and secure manner; c) Shall be reviewed and possessed by the Defendant in hard copy solely in the presence of Defense Counsel; d) Shall be possessed in electronic format only by Defense Counsel and by appropriate officials of the Bureau of Prisons ("BOP"), who shall provide the defendant with electronic access to the Discovery, including Confidential Information, consistent with the rules and regulations of the BOP, for the Defendant's review; 7 EFTA00021887 C&ae1152DictP31133DAC3NDdittaroemt iIEder/2010123n CPSO c9 I213 e) Shall be reviewed by the Defendant solely in the presence of Defense Counsel or when provided access to Discovery materials in electronic format by BOP officials; f) May be disclosed only by Defense Counsel and only to Designated Persons; g) May be shown to, either in person, by videoconference, or via a read-only document review platform, but not disseminated to or provided copies of to, Potential Defense Witnesses, to the extent deemed necessary by Defense Counsel, for trial preparation, and after such individual(s) have read and signed this Order acknowledging that such individual(s) are bound by this Order. 11. Copies of Discovery or other materials produced by the Government in this action bearing "highly confidential" stamps or otherwise specifically designated as "highly confidential," and/or electronic Discovery materials designated as "highly confidential" by the Government, including such materials marked as "highly confidential" either on the documents or materials themselves, or designated as "highly confidential" in an index, folder title, or document title, are deemed "Highly Confidential Information." To the extent any Highly Confidential Information is physically produced to the Defendant and Defense Counsel, rather than being made available to the Defendant and Defense Counsel for on-site review, the 8 EFTA00021888 Caslaiel$-20-0i7-483-3D\PJ ND oftroser*Igi36-1FiRitk0/18CliaTOPI t9 6012 13 Government shall clearly mark all such pages or electronic materials containing Highly Confidential Information with "highly confidential" stamps on the documents or materials themselves. 12. Highly Confidential Information contains nude, partially-nude, or otherwise sexualized images, videos, or other depictions of individuals. 13. Defense Counsel may, at any time, notify the Government that Defense Counsel does not concur in the designation of documents or other materials as Highly Confidential Information. If the Government does not agree to de-designate such documents or materials, Defense Counsel may thereafter move the Court for an Order de-designating such documents or materials. The Government's designation of such documents and materials as Highly Confidential Information will be controlling absent contrary order of the Court. 14. Highly Confidential Information disclosed to Defense Counsel during the course of proceedings in this action: a) Shall be used by the Defendant or her Defense Counsel solely for purposes of the defense of this criminal action, and not for any civil proceeding or any purpose other than the defense of this action; 9 EFTA00021889 O為①給属由~、白閏韃W JND （ 脅◎暮呈．晤 」鹼崮丫喘＝塞m尚 彎 餌 臌 ~ 电 舶 又 滯 巴 医 合 閥 1 3 I 1 r 寸 》 仂，倒尸一 ＝。什 寸 ① Q＝們①呂一 仙什巾q 塌 什“劍口仂盡掉什①P 。 ~ 。什5 ①rwiS ① 。。℃8Q 山jq ℃咧。＆Q ① Q 竹 。 8 帶口仂① 。。＝口仂①H 。 鬥 竹z 。 ①＝Q仙口r 仂 5 山尸一 5① “①＜冒毛①Q ~＜ 什＝① 。①『①口Q 仙 口 t S01 巾尸＜ 一 ＝ 竹 ① ℃忖①加①＝8 呂 8 8 口仂① 。。仁口仂①H 』 Q》 仍 丁 all rot b① ℃。仂仂①仂仂①Q 。仁竹仂呂① 什＝① ℃呂仂①口 c e g 8 8 口SeCounSe1 'ormairt 呂口巾Q 、寸＜ 呂 ① 。①『①，Q 仙n t』 巴 飭丁山尸一 5① 呂山Q ① 山＜仙口倒皂① 『o r inSp ① n ＝。口 5< 8 ①，仂① 。。旨仂①尸 仙口Q 什，① 口 g ①：q 山 ， 竹 、 旨 8 栲 什了①℃“。“①ngg 。 一 H仙 笔 g 『。栲8 呂①＝竹 officelS 0 1 emp1 。＜①巾仂…gQ f) shall rot b① 8 ℃8Q 。 “ 。什了 e1wiSe dupli n山什①Q 寸 ＜ U①飾①口仂① 。。＝口仂①尸 。 忖 什，① 口①8 口 Q 山 ＃ Q仁l i口圜 仂仁n h inSp ①ng 。口仂． 尸 幼． 閂＝① ~ ① ①：Q 山？什、 。①『①口仂① 。仁＝仂①尸塌 。①『①＝仂① 仂什仰飾『、 。 g ①rSe 閨蒂① 1ts /AdviS01S ' mote 口 g 豈 8 f e 口們① 書什口① sSeS ’ 仙呂。“丁①H 游仁什~ 01iz ①Q m①“仂。，加 山忖巾 ℃鬥。5 呂 g Q 冒 。 m filing p仁b1icly 仙 們 仙 口 仰什什仙n ＝三①j 什 什 。 a fili 口 圜 。 咧 ①泌n ①柵℃什① d withir 仙 filinq 仰 j< Oonfidenti 巴 H口 g 咧呂劍g 。 j 。 “ 晋 5H < O。 口 fide 口t i豈 H口飾。忖呂山gg 幂 ①栲①＝8 d i n the DiStove1y ，仁己①仂仂 仙仁“= orized by t h ① Q。＜①鬥口呂①口什 呂 老 呂 g j圜 。 咧 5＜ 。“q ① 栲 。 『 什 5 ① O。仁鬥什． ＞口＜ 仂＝。 h fi1irqS muSt b e 控尸①Q 仁口Q ① 柵 加①山H , ＝口H ①加仂 仰仁什~。鴆 i z①q 5＜ 什了① Q。＜①g 呂①，什 i n wliti 口 圉 g 5＜ 。咧Q ① 柵 。 飾 竹 5 ① 。。仁咧“． 暴． 『 5① ℃ 鴆 oviSionS o f thiS 01de1 s了 仙ll 口。竹 5① 。。口仂什柵仁①Q 仰 仂 ℃鬥①＜ entirg diScloSu 鴆 ① 。 一 仙 口 y inf 。“盡仙g 。 口、 老掉， “，① ①揣8 ℃ g 。 j 。 一 ＜ 冒 g 呂 。 栲 老 g eSS i d ①口g 一詈口 g information ，什＝仙 t i s 一 EFTA00021890 CaSaSE 315almer mizix3 NDdaemon/date -JF i I Ed alICEEILZO2 CP agagialcif 6213 publicly available or obtained by the Defendant or her Defense Counsel from a source other than the Government. 17. Except for Discovery that has been made part of the record of this case, Defense Counsel shall return to the Government or securely destroy or delete all Discovery, including but not limited to Confidential Information, 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; the expiration of the period for a petition pursuant to 28 U.S.C. § 2255; any period of time required by the federal or state ethics rules applicable to any attorney of record in this case; or the granting of any motion made on behalf of the Government dismissing any charges in the above- captioned case, whichever date is later. 18. The foregoing provisions shall remain in effect unless and until either (a) the Government and Defense Counsel mutually agree in writing otherwise, or (b) this Order is modified by further order of the Court. 19. The Government and Defense Counsel agree to meet and confer in advance of any hearings or trial to discuss and agree to any modifications necessary for the presentation of evidence at those proceedings. In the absence of agreement, 11 EFTA00021891 CaSete1520/4:073CEBOACONDditamemliflateD-rilEdONDIULTO2CPaea*212 6213 Defense Counsel may make an appropriate application to the Court for any such modifications. SO ORDERED: Dated: New York, New York July 30 , 2020 HONORABLE ALISON J. NATHAN United States District Judge 12 EFTA00021892