Opinion
21-CV-9575 (DLC)
06-30-2022
SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. JAMES DAVID O'BRIEN, Defendant.
[COMMISSION PROPOSED] ORDER ON DISCOVERY DISPUTE
Following the Court conference today on the Securities and Exchange Commission's motion to compel Defendant James David O'Brien to comply with the Commission's discovery requests, the Court orders the following:
1. O'Brien shall provide the Commission with the passwords for all his active and inactive bank and brokerage accounts maintained at any time from 2015 to the present;
2. O'Brien shall identify all email accounts (including addresses and passwords) he has used at any time from 2015 to the present.
3. O'Brien shall turn over to the Commission all computers, cell phones, tablets, and other electronic devices he has used at any time from 2015 to the present, together with all passwords / access codes. The Commission's technical forensic staff will search those devices for relevant bank and brokerage account statements, communications with banks or brokerage firms, and any messages or emails concerning securities trading. After these materials are identified, other Commission staff attorneys not involved in this action will conduct a privilege review before the materials are provided to Commission counsel working on this litigation.
SO ORDERED.