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- nysd;;1:16-cr-00522_de1105 RegisterActionDate "2017-07-17" @default.
- nysd;;1:16-cr-00522_de1105 RegisterActionDescriptionText "ORDER as to Pasquale Parrello, Joseph Merlino, Eugene O'Nofrio, 1F1BD35, Israel Torres, 21CA9A5, F8C44B4, 08DB38B, AB80A3B, 123DEF9, 76AB542, John Spirito, Vincent Casablanca, F99D6B3, Paul Cassano, Daniel Marino, Jr., John Lembo, Mitchell Fusco, Reynold Alberti, 620776C, Joseph Tomanelli, Agostino Camacho, Nicholas Devito, 84FB715, ADCCF6A, DAF6F03, Michael Poli, Pasquale Capolongo, Anthony Depalma, John Tognino, Mark Maiuzzo, 8624320, Harold Thomas, Richard Lacava, Vincent Thomas, 79020D0, Frank Trapani, C374833, 6186C27, Joseph Falco, Francesco Depergola, 265A4B8, Laurence Keith Allen, B79748C, Bradley Sirkin, 42AA7EF. ORDER: The Court is in receipt of a confidential memorandum dated July 11, 2017 (the "Memorandum") from the Federal Bureau of Investigation ("FBI") containing law enforcement sensitive information and submitted in response to a sealed order requiring the government to periodically update the Court as to the status of an ongoing administrative inquiry (the "Inquiry"). The Court is also in receipt of a letter from the government dated July 11, 2017 requesting that the Memorandum be filed under seal in light of the privacy interests implicated by the Inquiry. (Doc. No. 876.) For the reasons stated in the Court's order dated April 26, 2017 (Doc. No. 613), the Court finds that the presumption of public access to the Memorandum is overcome by the privacy interests implicated by the Inquiry. See United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995). Accordingly, the government's motion to file the Memorandum under seal is GRANTED. Additionally, because the FBI status updates set forth no critical information that is not also contained in the multiple letters provided to defense counsel by the government, the Court finds that there is little to be gained by requiring the submission of further status letters. Of course, the government is reminded that the results of the administrative inquiry may implicate its broad duty to disclose evidence favorable to an accused, including impeachment and exculpatory evidence, see 18 U.S.C. § 3500; Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 U.S. 150 (1972), and that the government has an ongoing obligation to produce such material. SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/17/2017)(bw) (Entered: 07/18/2017)" @default.
- nysd;;1:16-cr-00522_de1105 AdministrativeID "888" @default.
- nysd;;1:16-cr-00522_de1105 hasJudgeReference SJ000846 @default.