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United States v. Loebel, 1:17-cr-00170-KMW. (2019)

Court: District Court, S.D. New York Number: infdco20191226836 Visitors: 10
Filed: Dec. 11, 2019
Latest Update: Dec. 11, 2019
Summary: ORDER KIMBA M. WOOD , District Judge . WHEREAS, an application has been made by Edward Imperatore, Assistant United States Attorney for the Southern District of New York, that documents and docket entries in this case be sealed or not docketed, as the case may be; and WHEREAS, the defendant, BRETT LOEBEL, has cooperated and is expected to continue to cooperate proactively with the Government in an ongoing criminal investigation; WHEREAS, the Government presently expects that LOEBEL's coo
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ORDER

WHEREAS, an application has been made by Edward Imperatore, Assistant United States Attorney for the Southern District of New York, that documents and docket entries in this case be sealed or not docketed, as the case may be; and

WHEREAS, the defendant, BRETT LOEBEL, has cooperated and is expected to continue to cooperate proactively with the Government in an ongoing criminal investigation;

WHEREAS, the Government presently expects that LOEBEL's cooperation, in part, may allow the Government to charge others in its investigation;

THE COURT, AFTER DUE CONSIDERATION, HEREBY FINDS that

(1) there is a substantial probability of prejudice to a compelling interest to LOEBEL's and the Government should knowledge of LOEBEL's arrest and guilty plea to an information become known. In particular, there is a substantial probability that disclosure of information indicating LOEBEL's arrest and guilty plea would cause subjects of this investigation to obstruct of justice, including by destroying documents and/or by harassing and threatening potential witnesses, and flee from justice;

(2) there are no reasonable alternatives to protect the Government's and LOEBEL's compelling interests that would be prejudiced by public access to the documents and docket entries in this case; and

(3) in the circumstances of this case, the prejudice to the Government's and LOEBEL's compelling interests significantly outweigh the public's qualified First Amendment right of access to the documents and docket entries in this case;

ACCORDINGLY, IT IS HEREBY ORDERED that

(1) any documents in this case shall be sealed and remain undocketed;

(2) any docket entries in this case (including ECF and PACER entries) shall be sealed;

(3) the caption in this case shall be changed to "United States v. John Doe";

(4) the Government's application and this Order shall be sealed and remain undocketed;

(5) the Government shall notify the Court by letter promptly when its investigation has ended; and

(6) upon the Court's receipt of the Government's letter, the caption shall be changed to its original form and any documents or entries that have not been docketed shall be and any sealed documents and docket entries shall be unsealed, with the exception of the transcript of LOEBEL's guilty plea, which shall remain sealed until such time as it becomes subject to disclosure.

Source:  Leagle

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