De Goorte v. United States of America

Filing 4

ORDER: IT IS HEREBY ORDERED that Counsel shall give sworn testimony, in the form of an affidavit, addressing the allegations of ineffective assistance of counsel made by movant; and it is further ORDERED that ARMIN DE GOORTE execute and return to this court within 60 days from today's date the accompanying "Attorney-Client Privilege Waiver (Informed Consent)" form. If the document is not received by the court within 60 days from today's date, the court will deny the §2255 motion, on the ground that the movant failed to authorize the disclosure of information needed to permit the Government to respond to the motion. (Signed by Judge Lewis J. Liman on 5/9/2022) (va)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America
v.

19 Cr. 646 (LJL)

ARMIN DE GOORTE,
f/k/a Osama Ahmed Abdellatif El
Mokadem
Defendant.
United States of America
22 Civ. 1303 (LJL)
v.
ARMIN DE GOORTE,
f/k/a Osama Ahmed Abdellatif El
Mokadem
Defendant.
Order re: Attorney-Client Privilege Waiver (Informed Consent)
WHEREAS ARMIN DE GOORTE has moved for relief from his conviction pursuant to
28 U.S.C. §2255 on the ground of ineffective assistance of counsel; and
WHEREAS the Court, after reviewing the motion papers, has concluded that the testimony
of Petitioner’s former trial counsel, James Schiff, Esq. (“Counsel”), is needed in order to allow the
Government to respond to the motion; and
WHEREAS by making the motion, the movant has waived the attorney-client privilege as
a matter of law; and
WHEREAS the Court is cognizant that, absent court order or informed consent, ethical
concerns may inhibit Counsel from disclosing confidential information relating to a prior client
even in the absence of a privilege, see, e.g., ABA Standing Comm. on Ethics and Prof.

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Responsibility Formal Op. 10-456 (July 14, 2010), Disclosure of Information to Prosecutor When
Lawyer’s Former Client Brings Ineffective Assistance of Counsel Claim,
IT IS HEREBY ORDERED that Counsel shall give sworn testimony, in the form of an
affidavit, addressing the allegations of ineffective assistance of counsel made by movant; and it is
further
ORDERED that ARMIN DE GOORTE execute and return to this court within 60 days
from today’s date the accompanying “Attorney-Client Privilege Waiver (Informed Consent)”
form. If the document is not received by the court within 60 days from today’s date, the court will
deny the §2255 motion, on the ground that the movant failed to authorize the disclosure of
information needed to permit the Government to respond to the motion.
Dated: New York, New York
May __, 2022
9
_____________________________________
HON. LEWIS J. LIMAN
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America
v.

19 Cr. 646 (LJL)

ARMIN DE GOORTE,
f/k/a Osama Ahmed Abdellatif El
Mokadem
Defendant.
ARMIN DE GOORTE,
f/k/a Osama Ahmed Abdellatif El
Mokadem
Petitioner,

22 Civ. 1303 (LJL)

v.
United States of America,
Respondent.
Attorney-Client Privilege Waiver (Informed Consent)
To: ARMIN DE GOORTE
You have made a motion under Section 2255 of Title 28, United States Code, to have your
conviction set aside on the ground that you received ineffective assistance from your former
lawyer, James Schiff (referred to in this form as “your former attorney”). The court has reviewed
your papers and determined that it needs to have a sworn testimonial statement from counsel in
order to evaluate your motion.
By making this motion, you have waived the attorney-client privilege you had with your former
attorney to the extent relevant to determining your claim. This means that if you wish to press your
claim of ineffective assistance, you cannot keep the communications between yourself and your
former attorney that are relevant to your claim a secret—you must allow them to be disclosed to
the Government and to the Court pursuant to court order. This Informed Consent form is designed
to ensure that you fully understand and agree to this.
Specifically, if you wish to proceed with your motion to set aside your conviction on the basis that
you received ineffective assistance of counsel, you must sign this statement and return it to the
court (keeping a copy for your records). The form constitutes your authorization to your former
attorney to disclose confidential communications (1) only in response to a court order and (2) only
to the extent necessary to shed light on the allegations of ineffective assistance of counsel that are
raised by your motion.

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You should know that if you sign this authorization, you run the risk that your former attorney will
contradict your statements about his or her representation of you. However, you should also know
that the court will deny your motion if you do not authorize your former attorney to give an
affidavit in response to the Court’s attached Order.
You must return this form, signed by you and notarized, within sixty (60) days from the date of
the Court’s Order directing your former lawyer to give testimony. If the Court does not receive
this form, signed by you and notarized, within that time, the court will automatically deny your
motion.
NOTARIZED AUTHORIZATION
I have read the Court’s Order dated ___________ and this document headed Attorney-Client
Privilege Waiver (Informed Consent). I hereby authorize my former attorney, James Schiff, Esq.,
to comply with the Court’s Order by giving testimony, in the form ordered by the court, relating
to my motion to set aside my conviction on the ground of ineffective assistance of counsel. This
authorization allows my former attorney to testify only pursuant to court order, and only to the
extent necessary to shed light on the allegations of ineffective assistance of counsel that are raised
by my motion.
Dated: ________________________
________________________

Sworn to before me this _____ day of _______________, 20___
_____________________________________
Notary Public

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Attorney-Client Privilege Waiver (Informed Consent)