DOJ-OGR-00004788.jpg
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Extraction Summary
3
People
4
Organizations
0
Locations
3
Events
2
Relationships
0
Quotes
Document Information
Type:
Legal document
File Size:
707 KB
Summary
This legal document, filed on June 25, 2021, describes a court proceeding from April 9, 2019, where Judge McMahon granted the Government's application to modify a protective order. The judge found extraordinary circumstances allowed the modification, enabling the Government to obtain information for its investigation into high-profile targets, including Maxwell, without tipping them off. Consequently, the law firm BSF turned over records from a civil litigation, including transcripts of Maxwell's depositions, to the Government.
People (3)
| Name | Role | Context |
|---|---|---|
| Judge McMahon | Judge |
Held a second ex parte hearing on April 9, 2019, asked the Government about contacts, and issued a sealed order and o...
|
| Maxwell | Party to litigation |
Mentioned as the subject of a protective order which was modified. The document states Maxwell did not reasonably rel...
|
| Magistrate Judge Netburn | Magistrate Judge |
Denied a similar application from the Government in another case, concluding the Government had not shown extraordina...
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
A party in the legal proceedings, seeking to modify a protective order to obtain documents for an investigation. The ...
|
| U.S. Attorney’s Office | government agency |
Mentioned in the context of contacts with BSF regarding the Government's investigation.
|
| BSF | Law firm |
Had contacts with the U.S. Attorney's Office, informed the Government about documents covered by a protective order, ...
|
| Chemical Bank | company |
Referenced as the name of a district court case cited by Judge McMahon.
|
Timeline (3 events)
2019-04-09
Judge McMahon held a second ex parte hearing where she questioned the Government about its contacts with BSF regarding its investigation.
Court
2019-04-09
Judge McMahon issued a sealed order and opinion granting the Government's application to modify a protective order.
Court
Post 2019-04-09
Following Judge McMahon's order, BSF turned over its records from the civil litigation to the Government, including transcripts of Maxwell's depositions.
Relationships (2)
The document describes contacts and communications between the U.S. Attorney's Office (part of the Government) and BSF. BSF informed the Government about documents under a protective order and later turned over records to the Government based on a court order.
The Government sought to modify a protective order to obtain information about 'high-profile targets of its investigation,' which included Maxwell's deposition transcripts. This indicates Maxwell was a target of a government investigation.
Full Extracted Text
Complete text extracted from the document (2,030 characters)
Case 1:20-cr-00330-PAE Document 307 Filed 06/25/21 Page 4 of 21
a protective order to the Government absent a formal motion or subpoena. It further held that a
court should modify a protective order that a party reasonably relied on only if the order had
been improvidently granted or upon a showing of extraordinary circumstances or compelling
need.
court should modify a protective order that a party reasonably relied on only if the order had
been improvidently granted or upon a showing of extraordinary circumstances or compelling
need.
Judge McMahon held a second ex parte hearing on April 9, 2019. At that hearing, citing
a district court case called Chemical Bank for the proposition that civil litigants ought not foment
criminal investigations against their opponents to gain strategic advantage, she asked the
Government about contacts between the U.S. Attorney’s Office and BSF on the subject of the
Government’s investigation. The Government explained that BSF had informed the Government
that some of the documents the Government sought were covered by a protective order. The
Government did not mention any of the communications with BSF attorneys in 2016.
a district court case called Chemical Bank for the proposition that civil litigants ought not foment
criminal investigations against their opponents to gain strategic advantage, she asked the
Government about contacts between the U.S. Attorney’s Office and BSF on the subject of the
Government’s investigation. The Government explained that BSF had informed the Government
that some of the documents the Government sought were covered by a protective order. The
Government did not mention any of the communications with BSF attorneys in 2016.
Judge McMahon issued a sealed order granting the Government’s application followed
by a sealed opinion dated April 9, 2019. In the opinion, she explained that Martindell governed
the Government’s application, but that two of the Martindell factors supported modification of
the protective order. First, Maxwell did not reasonably rely on the protective order because it
was subject to modification. Second, the Government had shown extraordinary circumstances
supporting modification of the protective order because it could not otherwise obtain information
about the high-profile targets of its investigation without tipping them off. Magistrate Judge
Netburn denied the Government’s similar application in another case, applying the same
standard but concluding that the Government had not shown extraordinary circumstances or
compelling need.
by a sealed opinion dated April 9, 2019. In the opinion, she explained that Martindell governed
the Government’s application, but that two of the Martindell factors supported modification of
the protective order. First, Maxwell did not reasonably rely on the protective order because it
was subject to modification. Second, the Government had shown extraordinary circumstances
supporting modification of the protective order because it could not otherwise obtain information
about the high-profile targets of its investigation without tipping them off. Magistrate Judge
Netburn denied the Government’s similar application in another case, applying the same
standard but concluding that the Government had not shown extraordinary circumstances or
compelling need.
Following Judge McMahon’s order, BSF turned over its records from the civil litigation
to the Government. Those documents included transcripts of Maxwell’s depositions. The
to the Government. Those documents included transcripts of Maxwell’s depositions. The
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DOJ-OGR-00004788
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