From Judge Linda Parker's opinion Thursday in U.S. v. Markovitz (E.D. Mich.); the defendant is the author of Topless Prophet: The True Story of America's Most Successful Gentleman's Club Entrepreneur, though the criminal case appears unrelated to the book:
Charles Blackwell initiated this miscellaneous action to unseal the sentencing memoranda in the criminal proceedings against Defendant Alan Markovitz in Case No. 23-cr-20058. In the criminal matter, Markovitz pled guilty pursuant to a Rule 11 plea agreement to one count of making a false statement in violation of 18 U.S.C. § 1001(a)(2). Prior to sentencing, only the United States filed a sentencing memorandum. The memorandum was sealed pursuant to an order granting the government's motion to seal—both of which were also sealed. Markovitz delivered a letter to the Court prior to sentencing, which was never filed on the docket….
Blackwell seeks to unseal the sentencing "memoranda," arguing that the public has a common law and First Amendment right to access. Blackwell further argues that the sealing of the records was done procedurally and substantively in violation of Sixth Circuit case law, specifically In re Knoxville News-Sentinel Co. (6th Cir. 1983). Blackwell points out that no motion to seal the records was ever filed on the public docket in the criminal matter, and he argues that the complete sealing of the documents suggests that efforts were not made to narrowly tailor the non-disclosure.
In response, the United States suggests that Blackwell has no right to "intervene" to seek the unsealing of the documents at issue. The United States then argues that its sentencing memorandum was properly sealed because it contained "sensitive information that could implicate the safety of an individual." The United States acknowledges that there is only one paragraph in its memorandum containing sensitive information; however, it maintains the entire memorandum was sealed "because it gave context to the sensitive information." Nevertheless, the United States offers to file a redacted sentencing memorandum which balances the need to protect the sensitive information and the public's right to access.
