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United States v. Connolly

United States District Court for the Southern District of New York

March 2, 2017, Decided; March 2, 2017, Filed

No. 1:16-cr-00370 (CM)

Opinion

DECISION AND ORDER DENYING DEFENDANTS' JOINT MOTION TO COMPEL THE GOVERNMENT TO PRODUCE BRADY AND RULE 16 MATERIALS IN THE FILES OF ITS INVESTIGATIVE PARTNERS

McMahon, C.J.:

On February 1, 2017, Defendants Matthew Connolly ("Connolly") and Gavin Campbell Black ("Black") (collectively, "Defendants") moved for an order to compel the Government to produce Brady and Rule 16 materials in the files of its investigative partners. (Dkt. No. 52.) The parties filed simultaneous briefs and responses on February 1 and 8, 2017, respectively. (See Dkt. Nos. 51, 53, 58, 60.)

For the reasons discussed below, Defendants' motion is DENIED.

Background [*2] 

The superseding indictment pending before this Court arises from the Government's investigation into manipulation of the London Interbank Offered Rate ("LIBOR") at Deutsche Bank.

The superseding indictment alleges that Connolly, who worked as a supervisor in Deutsche Bank's New York office, and Black, who worked as a trader in the London Office, schemed and conspired with others in New York, London, and elsewhere, to defraud their trade counterparties by manipulating the U.S. Dollar ("USD") LIBOR.

Because of the global nature of the alleged conspiracy within Deutsche Bank to manipulate the LIBOR reference rates, a number of domestic and foreign regulatory and prosecutorial agencies simultaneously investigated this matter.

In connection with its Deutsche Bank investigation, the Government has allegedly gathered and produced to Defendants approximately 1.5 million documents; sixty interview reports for thirty-four individuals; a folder of "hot" documents; and other materials. (See Gov't Br. on the Scope of the Prosecution Team (Dkt. No. 51) at 6.) The Government notes that, "This material includes whatever [it] received from any other agency as part of [its] investigation of Deutsche Bank [*3]  that was considered discoverable as well as material gathered from the investigations into other banks where that material mentioned or included the Defendants." (Id.)

Defendants contend that, "The Government is failing to comply with its Brady and Rule 16 discovery obligations based on its refusal to search for and produce exculpatory or discoverable materials contained within the files of its investigative partners." (Defs.' Joint Mot. to Compel (Dkt. No. 53) at 1.) They argue that, through various press releases and other public statements, the Government has "acknowledged [its] joint, worldwide investigation into alleged LIBOR manipulation that has led to the instant case." (Id. at 2.)

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2017 U.S. Dist. LEXIS 36759 *

UNITED STATES OF AMERICA, v. MATTHEW CONNOLLY and GAVIN CAMPBELL BLACK, Defendants.

Subsequent History: Reserved by United States v. Connolly, 2017 U.S. Dist. LEXIS 63090 (S.D.N.Y., Apr. 20, 2017)

Motion granted by, in part, Motion denied by, in part United States v. Connolly, 2017 U.S. Dist. LEXIS 82156 (S.D.N.Y., May 24, 2017)

Motion denied by, Motion granted by, in part, Motion granted by United States v. Connolly, 2018 U.S. Dist. LEXIS 84146 (S.D.N.Y., May 15, 2018)

Motion denied by, Motion granted by United States v. Connolly, 2018 U.S. Dist. LEXIS 84167 (S.D.N.Y., May 15, 2018)

Motion granted by, Motion denied by United States v. Connolly, 2018 U.S. Dist. LEXIS 84198 (S.D.N.Y., May 15, 2018)

Motion denied by United States v. Connolly, 2018 U.S. Dist. LEXIS 219075 (S.D.N.Y., Dec. 19, 2018)

Motion denied by United States v. Connolly, 2019 U.S. Dist. LEXIS 76233 (S.D.N.Y., May 2, 2019)

Motion for new trial denied by, Motion denied by United States v. Connolly, 2019 U.S. Dist. LEXIS 77099 (S.D.N.Y., May 2, 2019)

Motion denied by, Motion for new trial denied by United States v. Connolly, 2019 U.S. Dist. LEXIS 79580 (S.D.N.Y., May 2, 2019)

CORE TERMS

interviews, documents, agencies, prosecution team, obligations, investigations, cooperation, exculpatory, files, fact-gathering, jointly, coordinated, witnesses, press release, manipulation, purposes, Defendants', thirty-four, good-faith, collected, discovery, quotation, disclose, gather, marks, investigatory, disclosures, indictment, settlement, sovereign

Criminal Law & Procedure, Discovery & Inspection, Brady Materials, Duty of Disclosure, Preliminary Proceedings, Discovery by Defendant, Governments, Legislation, Enactment, Interpretation, Federal Government, US Congress, Trials, Jencks Act, Scope