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Case 1:20-cr-00330-PAE Document 291 Filed 05/21/21 Page4of13 Page 4 See, e.g., United States v. Kaufman, 19 Cr. 504 (LAK), Dkt. No. 175 (S.D.N.Y. Feb. 22, 2021) (ordering Government disclosure of Jencks Act and Giglio material 2 weeks before trial); United States v. Cole, 19 Cr. 869 (ER), Dkt. No. 23 (S.D.N.Y. Feb. 18, 2020) (ordering disclosure of Jencks Act and Giglio material 4 weeks before trial); see also United States v. Dupigny, 18 Cr. 528 (JMF) (Government turned over Jencks Act material to the defense approximately one week before the original trial date in sex trafficking case); United States v. Jones, 16 Cr. 553 (AJN) (Government turned over Jencks Act material approximately one week before trial); United States v. Lebedev, 15 Cr. 769 (AJN) (Government turned over Jencks Act material approximately 2 weeks before scheduled trial date); United States v. Corley, 13 Cr. 48 (RPP) (AJN) (Dkt. Entry, Oct. 10, 2013) (Government turned over Jencks Act material less than one week before trial of defendant charged with sex trafficking of a minor and possession of child pornography). The Government is unaware of any case of comparable complexity and scope in which such an early deadline has been set for witness-related disclosures, and the defense has cited none. Indeed, even in complex white-collar cases in this District that involve far more complicated fact patterns than this case, the Government often provides 3500 material two weeks prior to trial, and, if the defendants agree to reasonable stipulations, four weeks before trial. See, e.g., United States prohibits a District Court from ordering the pretrial disclosure of witness statements.”); In re United States, 834 F.2d 283, 287 (2d Cir. 1987). The Government recognizes that Giglio v. United States, 405 U.S. 150 (1972), requires disclosure of any materials that might be used to impeach key witnesses “in sufficient time that the defendant will have a reasonable opportunity to act upon the information efficaciously.” United States v. Rodriguez, 496 F.3d 221, 226 (2d Cir. 2007). In this District, the time which is considered to allow for effective use of the material is typically measured in days or, at most, weeks, before trial. See, e.g., United States v. Underwood, No. 04 Cr. 424 (RWS), 2005 WL 927012, at *3 (S.D.N.Y. Apr. 21, 2005) (Government ordered to produce Giglio material two business days before trial); United States v. Green, No. 04 CR. 424 (RWS), 2004 WL 2985361, at *3 (S.D.N.Y. Dec. 23, 2004) (noting “the widely accepted practice in this district of producing impeachment material when [the Government] provides prior statements of a witness pursuant to 18 U.S.C. § 3500,” and ordering production of Giglio material by Friday before trial unless materials are voluminous). DOJ-OGR-00004254