Cristobal v. United States of America

Filing 4

ATTORNEY-CLIENT PRIVILEGE WAIVER (INFORMED CONSENT): You have made a motion to have your sentence set aside on the ground that you received ineffective assistance from your attorneys Jonathan Avner Rosenberg, Joseph Victor Sorrentino, and Kristen Mar ie Santillo. The Court's review of the non-privileged portions of your motion papers demonstrates a need for a sworn testimonial statement from your former attorneys to permit the Court to evaluate your motion and further set forth in this Order . You must return this form, signed by you and notarized, within thirty (30) days from the date of this Order. If the Court does not receive this form, signed by you and notarized, within those thirty (30) days, the Court will automatically deny your motion. The Clerk of Court is directed to mail a copy of this Order and the attached Notarized Authorization page to the individuals listed below the Court's signature. (Signed by Judge Katherine Polk Failla on 3/12/2025) (rro)

Case 1:25-cv-01638-KPF

Document 4

Filed 03/12/25

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PURIFICACION CRISTOBAL,
Movant,
-v.UNITED STATES OF AMERICA,

25 Civ. 1638 (KPF)
20 Cr. 463-1 (KPF)
Attorney-Client Privilege
Waiver (Informed Consent)

Respondent.
KATHERINE POLK FAILLA, District Judge:
You have made a motion to have your sentence set aside on the ground
that you received ineffective assistance from your attorneys Jonathan Avner
Rosenberg, Joseph Victor Sorrentino, and Kristen Marie Santillo. The Court’s
review of the non-privileged portions of your motion papers demonstrates a
need for a sworn testimonial statement from your former attorneys to permit
the Court to evaluate your motion.
The American Bar Association requires your attorneys to obtain your
consent before disclosing confidential communications between you and them
that may bear on the disposition of your motion. This is a professional ethics
requirement; there is no legal requirement that you give your attorneys
permission to disclose such information. In fact, as a matter of law, you have
waived the attorney-client privilege by making your motion, which means that
if you wish to press your claim of ineffective assistance, you cannot keep the
communications between yourself and your lawyer a secret — you must allow
them to be disclosed to the Government and to the Court pursuant to Court
order.
If you wish to proceed with your motion to set aside your sentence 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 authorizes your attorney to disclose confidential
communications (i) only in response to a Court order and (ii) 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 attorneys 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 attorneys to give an affidavit in response to the

Case 1:25-cv-01638-KPF

Document 4

Filed 03/12/25

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Court=s attached order. Nothing in the American Bar Association’s opinion
alters the fact that you have already waived the attorney-client privilege; if you
frustrate the Court’s ability to decide your motion by refusing to sign this
authorization, your motion will be denied for failure to prosecute that motion.
You must return this form, signed by you and notarized, within
thirty (30) days from the date of this Order. If the Court does not receive
this form, signed by you and notarized, within those thirty (30) days, the
Court will automatically deny your motion.
The Clerk of Court is directed to mail a copy of this Order and the
attached Notarized Authorization page to the individuals listed below the
Court’s signature.
SO ORDERED.
Dated:

March 12, 2025
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge

By ECF and First Class Mail To:
Purificacion Cristobal
88061-054
Marianna Federal Prison Camp
Seminole A Bldg.
P.O. Box 7006
Marianna, FL 32447-7006
Jonathan Avner Rosenberg
Jonathan Rosenberg, PLLC
137 Court Street
Ste 2nd Floor
Brooklyn, NY 11201
Joseph Victor Sorrentino
Joseph V. Sorrentino PLLC
404 Manor Road
Staten Island, NY 10314
Kristen Marie Santillo
Gelber & Santillo PLLC
52 Duane Street
Ste 7th Floor
New York, NY 10007
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Case 1:25-cv-01638-KPF

Document 4

Filed 03/12/25

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NOTARIZED AUTHORIZATION
I have read the Court’s Order dated March 12, 2025, captioned “AttorneyClient Privilege Waiver (Informed Consent).” I hereby authorize my former
attorneys, Jonathan Avner Rosenberg, Joseph Victor Sorrentino, and Kristen
Marie Santillo, 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 sentence on
the ground of ineffective assistance of counsel. This authorization allows my
former attorneys 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:

__________________________
Purificacion Cristobal

Sworn to before me this ________
day of ________________, 20___

_________________________
Notary Public

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