RE: United States v. Joaquin Archivaldo Guzman Loera, 09 CR 466 (BMC)
RE: United States v. Joaquin Archivaldo Guzman Loera, 09 CR 466 (BMC)
Dear Ms. Notopoulos, Ms. Goldbarg, Mr. Robotti and Mr. Mehta:
DISCOVERY
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United States v. Joaquin Guzman
January 31, 2017
any relevant written, recorded, or oral statements made by the defendant, co-
defendants, and/or alleged co-conspirators indicted or unindicted, or copies thereof,
including but not limited to tapes, transcripts or notes memorializing the words of
the defendant, and also including but not limited to any statement which the
defendant made orally or in writing or which bears the defendant's signature or the
designation of any company or business allegedly controlled by the defendant
relating in any way to a report as defined in 31 U.S.C. § 5316(b), which are in the
possession, custody, or control of the government, the existence of which is known,
or by the exercise of due diligence may become known, to the attorney for the
government, and if so, please state the names of any and all individuals who made
the written or recorded statements or who were present when the statements were
made; please provide all agents' reports containing the substance of such oral
statements;
(b) please state whether any statements were obtained through the
use of electronic surveillance, and if so, provide copies of any and all warrants for
such surveillance, sealing orders, logs, supporting affidavits and reports of returns
on the warrants connected with this case, and whether or not any arrests, seizures,
or electronic surveillances were made as a result of the applications;
(c) please provide and permit me to inspect and copy or photograph all
reports or memoranda in the possession of the government which memorialize any
oral statement which the government intends to offer in evidence at the trial made
by the defendant, co-defendants, and/or any indicted or unindicted alleged co-
conspirators whether before or after arrest. When such statements were made, who
was present at the time, whether Miranda warnings were given and the names of
any individuals to whom these statements were made; the same for any such
statements which the government does not intend to introduce;
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United States v. Joaquin Guzman
January 31, 2017
States v. DeVaughn, 579 F.2d 225 (2d Cir. 1978), United States v. Benedetto, 571
F.2d 1246 (2d Cir. 1978):
(b) if any evidence obtained was taken from and/or belongs to the
defendant, state whether it was taken pursuant to a warrant, and if so please
attach copies of all such warrants, supporting affidavits and reports of returns on
all such warrants and provide the names of any officers involved, and the date, time
and exact location of any such seizures;
(e) if, during the course of the investigation of this matter, the
defendant's photograph, likeness, or image was exhibited to anyone not then
Case 1:09-cr-00466-BMC Document 25 Filed 01/31/17 Page 4 of 9 PageID #: 576
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United States v. Joaquin Guzman
January 31, 2017
employed by a law enforcement agency, please state the date, time and place of each
occurrence, a description of the identification procedure used, and the names of all
persons including counsel who were present;
(c) the names and addresses of any person present during any part of
the commission of any of the acts alleged in the indictment whom the government
does not intend to call as a witness;
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United States v. Joaquin Guzman
January 31, 2017
state:
(d) if the answer to (a), (b) or (c) above is “yes”, please state:
4) whether the informant was paid for his or her efforts in this
case and if so, how much;
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United States v. Joaquin Guzman
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Use of Pen Registers and Trap and Trace Devices and (2) Authorizing Release of
Subscriber Information, 515 F. Supp. 2d 325 (E.D.N.Y. 2007):
(e) please provide all records and materials concerning real-time and
historical cell phone location tracking which the government has obtained in
relation to this case. This “cell-site data” includes, but is not limited to, the location
of the cell site/sector (physical addresses) at call origination (for outbound calling),
at call termination (for incoming calls), and during the progress of the call, for the
subject telephone. Please provide copies of any applications, orders, warrants, or
subpoenas that were prepared in connection with this case;
(f) please provide all other material that was obtained as a result of
Case 1:09-cr-00466-BMC Document 25 Filed 01/31/17 Page 8 of 9 PageID #: 580
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United States v. Joaquin Guzman
January 31, 2017
(b) the dates, means used, and complete circumstances, including the
nature of the activities or conversations surveyed, of all instances of surveillance of
the defendant's home, place of business, or other property owned by the defendant,
whether or not the defendant was observed in the course of the surveillance by the
government or any of its agents, special employees, or any other persons acting at
their behest and authority, whether express or implied;
(d) any documents related to the use or policies of utilizing any location
tracking technology, including but not limited to cellsite simulators or digital
analyzers such as devices known as Stingray, Triggerfish, AmberJack, KingFish or
Loggerhead; and
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United States v. Joaquin Guzman
January 31, 2017
/s/