[Federal Register Volume 66, Number 73 (Monday, April 16, 2001)]
[Notices]
[Pages 19516-19517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9270]


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INTERNATIONAL TRADE COMMISSION


Sanction for Breach of Commission Protective Order

AGENCY: International Trade Commission.

ACTION: Sanction for breaches of Commission protective order.

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SUMMARY: Notice is hereby given of the sanction imposed by the 
Commission for a breach of the administrative protective order 
(``APO'') issued in Certain Steel Wire Rod, Inv. No. 201-TA-69. The 
Commission found that Martin J. Lewin and Adam S. Apatoff breached the 
APO by failing to delete business proprietary information (``BPI'') 
from the public version of the pre-hearing brief filed on behalf of 
their client. APOB Inv. #189. This public reprimand is being issued 
because this

[[Page 19517]]

breach was the third breach for both Lewin and Apatoff in less than two 
years and the fourth breach by Lewin within two and one-half years.

FOR FURTHER INFORMATION CONTACT: Carol McCue Verratti, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3088. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal at 202-205-1810. General 
information concerning the Commission can also be obtained by accessing 
its Internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION: In connection with the Wire Rod 
investigation, Messrs. Lewin, Apatoff, and one other attorney filed 
applications for access to APO information with the Commission. In the 
applications, they swore (i) not to disclose without written permission 
any of the information obtained under the APO except to certain 
enumerated categories of approved persons, (ii) to serve all materials 
containing BPI disclosed under the APO as directed by the Secretary, 
and (iii) to otherwise comply with the terms of the APO and the 
Commission's regulations regarding access to BPI. They also 
acknowledged in the APO that violation of the APO could subject them, 
and their firm, to disbarment from practice before the Commission, 
referral to the U.S. Attorney or appropriate professional association, 
or ``[s]uch other administrative sanctions as the Commission determines 
to be appropriate * * *'' 19 CFR 206.17(d). The Commission granted 
their applications.
    The firm with which Lewin and Apatoff were affiliated at the time 
of this breach and the prior breaches was very experienced in 
Commission practice and Lewin, Apatoff, and other attorneys at the firm 
appeared regularly before the Commission and sought access to APO 
information on a regular basis. None of the prior breaches committed by 
Lewin or Apatoff were egregious enough to warrant a public reprimand 
when considered separately, and were instead dealt with through private 
means. Although this breach is no more egregious than the prior 
breaches, the Commission is issuing this public reprimand because it 
takes very seriously its responsibility to safeguard the BPI it 
acquires during its investigations. The Commission cannot allow private 
attorneys to gain access to other parties' BPI and to treat it in a 
careless way on multiple occasions. Therefore, the Commission has 
decided that this public reprimand is appropriate. The Commission has 
decided not to suspend Lewin's and Apatoff's access to APO information 
at this time because they have not been the subject of any breach 
allegations since this breach occurred almost two years ago.
    Martin J. Lewin and Adam S. Apatoff are reprimanded for failing to 
delete BPI from the public version of the pre-hearing brief they filed 
on behalf of their client in this investigation and for committing 
multiple APO breaches over a relatively short period of time.
    The authority for this action is conferred by section 206.17(d) of 
the Commission's Rules of Practice and Procedure (19 CFR 206.17(d)).

    Issued: April 10, 2001.
    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-9270 Filed 4-13-01; 8:45 am]
BILLING CODE 7020-02-P