Opinion
20 Cr. 605 (KMW)
06-06-2022
ORDER
HONORABLE KIMBA M. WOOD, UNITED STATES DISTRICT JUDGE
Upon the application of the United States, by the United States Attorney for the Southern District of New York, Damian Williams, by Assistant United States Attorney Nicholas W. Chiuchiolo, dated June 3, 2022;
WHEREAS on or about April 13, 2022, the Government sought and obtained an order authorizing the United States Department of the Treasury ("DOT") to disclose tax refund and payment information purportedly associated with the conspiracy charged in the Indictment (the "Tax Order"), and the Government recently received a production of documents from DOT in response to the Tax Order (the "Tax Documents");
WHEREAS trial in the above-captioned matter is currently scheduled to begin on October 3, 2022;
IT IS HEREBY ORDERED that, giving due consideration to congressional policy favoring the confidentiality of returns and return information as set forth in Title 26, United States Code, the Tax Documents are required to be produced pursuant to Rule 16 of the Federal Rules of Criminal Procedure; and
IT IS HEREBY FURTHER ORDERED that the Tax Documents are probative of a matter in issue relevant in establishing the guilt of the defendants, i.e., at the forthcoming trial in the abovecaptioned matter and may be used at trial, subject to the Federal Rules of Evidence and the Court's evidentiary rulings.
SO ORDERED.