038.pdf

Case 1:19-cr-00490-RMB Document 38 Filed 07/25/19 Page 1 of 9
Case 1:19-cr-00490-RMB Document 37-1 Filed 07/25/19 Page 1 of 9
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - X
UNITED STATES OF AMERICA
- v. -
JEFFREY EPSTEIN,
Defendant.
- - - - - - - - - - - - - - - - X
USDCSDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: __ -=--r-=--;;:7::-:;
DATE FILED: JI(), 2 !,ltll'f
PROTECTIVE ORDER
19 Cr. 490 (RMB)
RICHARD M. BERMAN, United States District Judge:
WHEREAS the Government intends to produce to JEFFREY
EPSTEIN, 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 of uncharged individuals; (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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Case 1:19-cr-00490-RMB Document 37-1 Filed 07/25/19 Page 2 of 9
WHEREAS the defendant, through his counsel, consents
to the entry of this Order;
IT HEREBY IS ORDERED:
1. The Discovery disclosed to the defendant
("Defendant") and/or to the defendant's attorneys ("Defense
Counsel") during the course of proceedings in this action:
a) Shall be used by the defendant or his
counsel solely for purposes of the defense of this action;
b) Shall not be copied or otherwise recorded or
transmitted by the defendant;
c) Shall not be disclosed or distributed in any
form by the defendant or his counsel except as set forth in
paragraph 2(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 or part-time by the
defendant's co.unsel ("Defense Staff");
ii. any expert, advisor, 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");

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Case 1:19-cr-00490-RMB Document 37-1 Filed 07/25/19 Page 3 of 9
e) May be shown to, but not disseminated to or
provided copies of to, prospective witnesses and their counsel
(collectively, "Potential Witnesses"), to the extent deemed
necessary by defense counsel, for trial preparation.
2. To the extent the Discovery is disclosed to
Defense Staff, Defense Experts/Advisors, Other Authorized
Persons, or Potential Witnesses, Defense Counsel shall instruct
such individual(s) of the terms of this Order and that such
individual(s) are bound by this Order. To the extent that
Discovery is disseminated to Defense Staff, Defense
Experts/Advisors, or Other Authorized Persons, Defense Counsel
shall encrypt and/or password protect the Discovery. The
provisions of this paragraph do not apply to communications
exclusively between and among Defense Counsel.
3. The Government, the Defendant, Defense Counsel,
Defense Staff, Defense Experts/Advisors, Potential Witnesses,
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.
4. The Government (other than in the discharge of
their professional obligations in this matter), Defense Counsel,
Defense Staff, Defense Experts/Advisors, Potential Witnesses,
and Other Authorized Persons are precluded from publicly

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Case 1:19-cr-00490-RMB Document 37-1 Filed 07/25/19 Page 4 of 9
disclosing or disseminating the identity of any victims or
witnesses referenced in the Discovery. This Order does not
prohibit Defense Counsel from publicly referencing individuals
who have spoken on the public record in litigation - criminal or
otherwise - relating to Jeffrey Epstein.
5. The Defendant, Defense Counsel, Defense Staff,
Defense Experts/Advisors, Potential Witnesses, and Other
Authorized Persons are prohibited from filing publicly as an
attachment to a filing or excerpted within a filing any of the
Discovery or information contained in the Discovery, unless
authorized by the Government in writing or by Order of the
Court. Any filings that incorporate the Discovery by
attachment, contain any excerpts of Discovery, or incorporate
Discovery by reference must be filed under seal. Nothing in
this Order precludes Defense Counsel from using the Discovery in
judicial proceedings in this case.
6. Copies of Discovery or other materials produced
by the Government in this action bearing "confidential" stamps
or otherwise designated as "confidential" 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 cover letter, index, folder title, or

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Case 1:19-cr-00490-RMB Document 37-1 Filed 07/25/19 Page 5 of 9
other identifying designation, are deemed "Confidential
Information."
7. Confidential Information may contain personal
identification information of 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 Government's
designation of material as Confidential Information will be
controlling absent contrary order of the Court.
8. 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 his
counsel only for purposes of the defense of this action;
bl shall be maintained in a safe and secure
manner solely by Defense Counsel;
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) May be disclosed only by Defense Counsel and
only to Designated Persons;
f) May be shown to, but not disseminated to or
provided copies of to, Potential Witnesses, to the extent deemed

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necessary by defense counsel, for trial preparation, and after
defense counsel and/or Defense Staff instructs such
individual(s) of the terms of this Order and that such
individual(s) are bound by this Order.
9. Copies of Discovery or other materials produced
by the Government in this action bearing "highly confidential"
stamps or otherwise 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 a cover
letter, index, folder title, or other identifying designation,
are deemed "Highly Confidential Information."
10. Highly Confidential Information contains images
of nude or partially-nude individuals. The Government's
designation of material as Highly Confidential Information will
be controlling absent contrary order of the Court. Highly
Confidential Information disclosed to Defense Counsel during the
course of proceedings in this action:
a) Shall not be disseminated, transmitted, or
otherwise copied and provided to Defense Counsel or the
Defendant;
b) Shall be reviewed by the Defendant solely in
the presence of Defense Counsel;

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Case 1:19-cr-00490-RMB Document 37-1 Filed 07/25/19 Page 7 of 9
c) Shall not be possessed outside the presence
of Defense Counsel, or maintained, by the Defendant;
d) Shall be made available for inspection by
Defense Counsel and the Defendant, under the protection of law
enforcement officers or employees; and
e) Shall not be copied or otherwise duplicated
by Defense Counsel or the Defendant during such inspections.
11. The Defendant and Defense Counsel shall provide a
copy of this Order to Designated Persons to whom they disclose
Confidential Information or Highly Confidential Information.
Prior to disclosure of such information 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 the defendant's counsel. However, the defendant and his
or her respective 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.
12. 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,

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Case 1:19-cr-00490-RMB Document 37-1 Filed 07/25/19 Page 8 of 9
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; or the granting of any motion made
on behalf of the Government dismissing any charges in the above captioned case, whichever date is later.

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Case 1:19-cr-00490-RMB Document 37-1 Filed 07/25/19 Page 9 of 9
13. The foregoing provisions shall remain in effect
unless and until either (a) the Government and Defense Counsel
mutually agree otherwise, or (b) this Order is modified by
further order of the Court.
SO ORDERED:
Dated: New York, New York ,
~ if', 2019
AGREED AND CONSENTED TO:
Dated: July 24, 2019
New York, New York
By:
Dated: "J-il,1 ciS, 2019
New York, New York
2,L.,.t ,._~ ....... HONORABLE RICHARD M. BERMAN
United States District Judge
GEOFFREY S. BERMAN
United States Attorney
Southern District of New York
/s/
Alison Moe/ Alex Rossmiller/ Maurene Corney
Assistant United States Attorneys
JEFFREY EPSTEIN
By:r;f!]~41f
Reid Weingarten, Esq.
Counsel for Jeffrey Epstein