DOJ-OGR-00007415.pdf

--- Page 1 --- The extracted text is as follows: **Header:** * Case 1:20-cr-00330-PAE * Document 491 * Filed 11/22/21 * Page 4 of 6 **Main Text:** defendant at the time. See United States v. Prevezon Holdings, Ltd., 319 F.R.D. 459, 463 (S.D.N.Y. 2017) (describing "distinctive characteristics" for purposes of Fed. R. Evid. 901(b)(4) to include "pages of 'nonpublic information'"). The Court can readily reject the defendant's suggestion that Government Exhibit 52 is a forgery. The book is sewn, bound, and contains an extensive set of private information. The defense offers no theory for how Mr. Rodriguez could have generated that information and bound it together seamlessly in an address book that could fool Employee-1. Further, if the address book were a forgery, it would have provided Mr. Rodriguez with a complete defense in his criminal case: the defendant could not have impaired a grand jury investigation by "concealing" a forged document. See 18 U.S.C. § 1512(c). Instead, Mr. Rodriguez was sentenced to eighteen months in prison. Nor is there reason to believe that the book was altered in any significant way by Mr. Rodriguez. As the Court can see from the pages the Government has marked separately (see GX 52-A through G2-H), any handwriting is minimal and non-substantive, at least on the pages the Government intends to emphasize at trial. The "added tabs" the defendant mentions are literally sticky notes attached to certain pages, likely added by law enforcement after they seized the book from Mr. Rodriguez. And the "additional handwritten pages" to which the defendant refers are Mr. Rodriguez's separate notes that are not part of Government Exhibit 52. See Plea Agreement/Factual Proffer Statement 10(f), Rodriguez, 10 Cr. 80015 (KAM), Dkt. No. 25 **Footer:** * DOJ-OGR-00007415