Opinion
20 CR 293
10-20-2022
UNITED STATES OF AMERICA v. RAHUL SHAH
PROTECTIVE ORDER GOVERNING DISCOVERY
Robert M. Dow, Jr., Judge
Upon the agreed motion of the government, pursuant to Fed. R. Crim. P. 16(d), it is hereby ORDERED:
1. All of the materials, records, and information provided by the United States in response to this Court's order granting in part defendant's motion for a forensic examination (Dkt. No. 145), or in response any subsequent Order of this Court requiring disclosure of additional information relating to the defendant's motion for a forensic examination (collectively, “the materials”) are subject to this protective order and may be used by defendant's counsel (defined as counsel of record in this case) solely in connection with the defense of this case, and for no other purpose, and in connection with no other proceeding, without further order of this Court.
2. Defendant's counsel shall not disclose the materials or their contents directly or indirectly to defendant or any person or entity other than persons employed to assist in the defense with the forensic examination (collectively, “authorized persons”). The materials and their contents shall not be disclosed either directly or indirectly to any person or entity outside of the United States without prior authorization from the Court.
3. Defendant's counsel and authorized persons shall not copy or reproduce the materials except in order to provide copies of the materials for use in connection with this case by defendant's counsel and authorized persons. Such copies and reproductions shall be treated in the same manner as the original materials.
4. Defendant's counsel and authorized persons shall not disclose any notes or records of any kind that they make in relation to the contents of the materials, other than to authorized persons, and all such notes or records are to be treated in the same manner as the original materials.
5. Before providing materials to an authorized person, defense counsel must provide the authorized person with a copy of this Order and require the authorized person to sign a statement acknowledging that the authorized person has received a copy of and reviewed this Order, and has agreed to be bound by its terms and conditions subject to sanctioning by the Court for any violations of this Order. Defense counsel shall maintain a copy of the signed statement of each authorized person for a period of twelve months after the conclusion of all stages of this case, and shall provide copies of the signed statement of each authorized person to the government upon request.
6. Upon conclusion of all stages of this case, all of the materials and all copies made thereof shall be returned to the United States Attorney's Office for the Northern District of Illinois.
7. To the extent any material is produced by the United States to defendant or defendant's counsel by mistake, the United States shall have the right to request the return of the material and shall do so in writing. Within five days of the receipt of such a request, defendant and/or defendant's counsel shall return all such material if in hard copy, and in the case of electronic materials, shall certify in writing that all copies of the specified material have been deleted from any location in which the material was stored.
8. Nothing contained in this Order shall preclude any party from applying to this Court for further relief or for modification of any provision hereof.