Wang v. United States of America

Filing 3

ORDER RE: ATTORNEY-CLIENT PRIVILEGE WAIVER: IT IS HEREBY ORDERED that Counsel shall give sworn testimony, in the form of an affidavit, addressing the allegations made by Defendant and may discuss the same with the Government; and it is further ORD ERED that Defendant execute and return to this court within 45 days from today's date the accompanying "Attorney-Client Privilege Waiver (Informed Consent)" form. If the document is not received by the court within 45 days from today&# 039;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; and it is further ORDERED that the Government shall be permitted 90 days from the receipt of said executed "Attorney-Client Privilege Waiver (Informed Consent)" form to obtain sworn testimony from Counsel and file its opposition and any additional supporting papers with this Court. (Signed by Judge Paul G. Gardephe on 11/9/2023) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America
S1 11 Cr. 730 (PGG)

v.
Yong Wang,

Defendant.
Order re: Attorney-Client Privilege Waiver

WHEREAS Defendant Yong Wang has moved to vacate his conviction pursuant to 28
U.S.C. § 2255; and
WHEREAS the Government, after reviewing the motion papers, has concluded that the
testimony of Defendant’s former trial counsel, Todd Greenberg (“Counsel”), will be needed in
order to allow the Government to respond to the motion; and
WHEREAS the Court, after reviewing the motion papers, is satisfied that the testimony of
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;
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.
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 made by Defendant and may discuss the same with the
Government; and it is further
ORDERED that Defendant execute and return to this court within 45 days from today’s
date the accompanying “Attorney-Client Privilege Waiver (Informed Consent)” form. If the
document is not received by the court within 45 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; and it is further
ORDERED that the Government shall be permitted 90 days from the receipt of said
executed “Attorney-Client Privilege Waiver (Informed Consent)” form to obtain sworn
testimony from Counsel and file its opposition and any additional supporting papers with this
Court.

Dated: New York, New York
November 9, 2023

HONORABLE PAUL G. GARDEPHE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America
S1 11 Cr. 730 (PGG)

v.
Yong Wang,
Defendant.

Attorney-Client Privilege Waiver (Informed Consent)
To: Petitioner-Defendant Yong Wang,
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, Todd Greenberg, Esq. (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 your former attorney 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 a secret—you must allow them to be disclosed to the Government and to
the Court pursuant to court order. The court has already issued an Order (copy attached) ordering
your former attorney to give such testimony, in the form of an affidavit. 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 in the attached envelope (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.
You should know that if you sign this authorization, you run the risk that your former attorney
will contradict your statements about their 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 forty-five (45) 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.

Case 1:16-cr-00281-PGG Document 1117-1 Filed 07/13/23 Page 4 of 4

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, Todd Greenberg,
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: ________________________
Signed:________________________

Sworn to before me this _____ day of _______________, 2023
_____________________________________
Notary Public

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Attorney-Client Privilege Waiver (Informed Consent)