Opinion
CASE NO. 2:13-cr-00018-JCM-GWF
01-29-2013
UNITED STATES OF AMERICA, Plaintiff, v. LEON BENZER, KEITH GREGORY, CHARLES McCHESNEY BARRY LEVINSON, RICKY ANDERSON, MARIA LIMON, JOSE LUIS ALVAREZ, RODOLFO ALVAREZ-RODRIGUEZ, SALVATORE RUVOLO DAVID BALL, and EDITH GILLESPIE, Defendants.
CHARLES LA BELLA KATHLEEN McGOVERN Deputy Chiefs THOMAS B. W. HALL MARY ANN McCARTHY Trial Attorneys Fraud Section, Criminal Division U.S. Department of Justice
CHARLES LA BELLA
KATHLEEN McGOVERN
Deputy Chiefs
THOMAS B. W. HALL
MARY ANN McCARTHY
Trial Attorneys
Fraud Section, Criminal Division
U.S. Department of Justice
STIPULATION AND
PROTECTIVE ORDER
IT IS HEREBY STIPULATED AND AGREED between the parties, Denis McInerney, Chief, U.S. Department of Justice, Criminal Division, Fraud Section, Deputy Chief Charles La Bella, and Trial Attorney Thomas B.W. Hall, counsel for the United States, and the following defense counsel:
• David Albregts, counsel for Defendant Leon Benzerthat this Court issue an Order protecting from disclosure to the public any discovery documents containing the personal identifying information such as social security numbers, drivers license numbers, dates of birth, bank account numbers, bank records, or addresses of participants, witnesses and victims in this case. Such documents shall be referred to hereinafter as "Protected Documents." The parties state as follows:
• Rod Snow, counsel for Defendant Keith Gregory
• Jim Oronoz, counsel for Defendant Charles McChesney
• Anthony Sgro, counsel for Defendant Barry Levinson
• Travis Shetler, counsel for Defendant Ricky Anderson
• Gabriel Grasso, counsel for Defendant Maria Limon
• Jess Marchese, counsel for Defendant Jose Luis Alvarez
• Chad Bowers, counsel for Defendant Rodolofo Alvarez
• Bret Whipple, counsel for Defendant Salvatore Ruvolo
• Michael Sanft, counsel for Defendant David Ball
• Chris Rasmussen, counsel for Defendant Edith Gillespie
1. Protected Documents which will be used by the government in its case in chief include personal identifiers, including social security numbers, driver's license numbers, dates of birth, bank account numbers, bank records, and addresses of participants, witnesses, and victims in this case.
2. Discovery in this case will be voluminous. Many of these documents include personal identifiers. Redacting the personal identifiers of participants, witnesses, and victims would prevent the timely disclosure of discovery to defendants.
3. The United States agrees to provide Protected Documents without redacting the personal identifiers of participants, witnesses, and victims.
4. Access to Protected Documents will be restricted to persons authorized by the Court, namely defendants, attorneys of record and attorneys' paralegals, investigators, experts, and secretaries employed by the attorneys of record and performing on behalf of the defendants.
5. The following restrictions will be placed on defendants, defendants' attorneys and the above-designated individuals unless and until further ordered by the Court. Defendants, defendants' attorneys and the above-designated individuals shall not:
a. make copies for, or allow copies of any kind to be made by any other person of Protected Documents;
b. allow any other person to read Protected Documents; and
c. use Protected Documents for any other purpose other than preparing to defend against the charges in the Indictment or any superseding indictment arising out of this case.
6. Defendants' attorneys shall inform any person to whom disclosure may be made pursuant to this order of the existence and terms of this Court's order.
7. The requested restrictions shall not restrict the use or introduction as evidence of discovery documents containing personal identifying information such as social security numbers, driver's license numbers, dates of birth, and addresses during the trial of this matter.
8. Upon conclusion of this action, defendants' attorneys shall return to government counsel or destroy and certify to government counsel the destruction of all discovery documents containing personal identifying information such as social security numbers, drivers license numbers, dates of birth, and addresses within a reasonable time, not to exceed thirty days after the last appeal is final. ____________
DAVID ALBREGTS
Counsel for Defendant Benzer
_________
ROD SNOW
Counsel for Defendant Gregory
_________
JIM ORONOZ
Counsel for Defendant McChesney
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ANTHONY SGRO
Counsel for Defendant Levinson
_________
TRAVIS SHETLER
Counsel for Defendant Anderson
_________
GABRIEL GRASSO
Counsel for Defendant Limon
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JESS MARCHESE
Counsel for Defendant J. L. Alvarez
_________
CHAD BOWERS
Counsel for Defendant R. Alvarez
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BRET WHIPPLE
Counsel for Defendant Ruvolo
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MICHAEL SANFT
Counsel for Defendant Ball
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CHRIS RASMUSSEN
Counsel for Defendant Gillespie
Denis J. McInerney
Chief, U.S. Department of Justice
Fraud Section, Criminal Division
_________
THOMAS B.W. HALL
Trial Attorney, U.S. Dept. of Justice
Criminal Division, Fraud Section
ORDER
IT IS SO ORDERED this 29th day of January 2013.
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UNITED STATES MAGISTRATE JUDGE
2:13-cr-00018-JCM-GWF