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Case 1:19-cr-00830-AT Document 55 Filed 05/25/21 Page 1 of 3
USDC SDNY
UNITED STATES DISTRICT COURT DOCUMENT
SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED
UNITED STATES OF AMERICA DOC #: __________________
DATE FILED: 5/25/2021
-against-
19 Cr. 830 (AT)
TOVA NOEL and MICHAEL THOMAS, ORDER
Defendants.
ANALISA TORRES, District Judge:
This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due
Process Protections Act, Pub. L. No 116–182, 134 Stat. 894 (Oct. 21, 2020), to confirm the
Government’s disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny,
and to summarize the possible consequences of violating those obligations.
The Government must disclose to the defense all information “favorable to an accused” that is
“material either to guilt or to punishment” and that is known to the Government. Id. at 87. This
obligation applies regardless of whether the defendant requests this information or whether the
information would itself constitute admissible evidence. The Government shall disclose such
information to the defense promptly after its existence becomes known to the Government so that the
defense may make effective use of the information in the preparation of its case.
As part of these obligations, the Government must disclose any information that can be used
to impeach the trial testimony of a Government witness within the meaning of Giglio v. United
States, 405 U.S. 150 (1972), and its proge
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