EFTA00009664.pdf

Case 1:20-cr-00330-AJN Document 36 Filed 07/30/20 P 
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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
UNITED STATES OF AMERICA 
GHISLAINE MAXWELL, 
Defendant. 
x 
CSDCSDNV 
DOCUMENT 
ELECTRONICALLY FILED 
DOC I: 
DATE. FILED:7/30:2020 
PROTECTIVE ORDER 
20 Cr. 330 (AJN) 
 
 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; 
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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 
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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 
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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 
( 
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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. 
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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 
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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 
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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; 
( 
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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 
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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; 
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b) 
Shall not be disseminated, transmitted, or 
otherwise copied and provided to Defense Counsel or the 
Defendant; 
c) 
Shall be reviewed by the Defendant solely in 
the presence of Defense Counsel; 
d) 
Shall not be possessed outside the presence 
of Defense Counsel, or maintained, by the Defendant; 
e) 
Shall be made available for inspection by 
Defense Counsel and the Defendant, under the protection of law 
enforcement officers or employees; and 
f) 
Shall not be copied or otherwise duplicated 
by Defense Counsel or the Defendant during such inspections. 
15. 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 any 
Confidential Information or Highly Confidential Information 
referenced in the Discovery, 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. 
16. The provisions of this Order shall not be 
construed as preventing disclosure of any information, with the 
exception of victim or witness identifying information, that is 
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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, 
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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 
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