Text of Proposed Order — USA v. Sary - Ahmed M Sary (Dkt. 37.1)

Record facts

U.S. District Court for the District of Maryland · No. 1:23-cr-00344-RDB · Doc. 37-1 · 2022-06-09 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MARYLAND 
UNITED STATES OF AMERICA 
* 
* 
v. 
* 
* 
CRIMINAL NO.   22-MJ-01286-JMC 
AHMED SARY 
 Defendant 
* 
* 
PROTECTIVE ORDER GOVERNING DISCLOSURE OF PERSONAL IDENTITY, 
FINANCIAL, CONTACT, GRAND JURY, TAX, COURT, AND INVESTIGATIVE 
INFORMATION 
To expedite the flow of discovery material among the parties; facilitate the prompt 
resolution of disputes over confidentiality; assure the preservation of Protected Personal Identity, 
Financial, Contact, Tax, Grand Jury, Court, and Investigative Information found on documents 
subject to criminal discovery; and ensure that protection is afforded to material so entitled, 
including but not limited to the mandates of the following legislation:  the federal Privacy Act, 5 
U.S.C. §552a; the HIPAA Security Rule, codified in 45 CFR Part 160 and Subparts A and C of 
Part 164; 41 U.S.C. § 1306; and 26 U.S.C. ' 6103, it is, pursuant to the Court’s authority under 
Fed. R. Crim. Pro. 16, ORDERED: 
1.
Definition of Protected Personal Identity, Financial, Contact, Grand Jury,
Tax, Court, and Investigative Information.  For purposes of this Protective Order, “Protected 
Personal Identity, Financial, Contact, Grand Jury, Tax, Court, and Investigative Information” 
(collectively, “Protected Information”), means any information, whether oral or recorded in any 
form or medium, as follows: 
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(1)  “Protected Personal Identity Information” includes any unique identifying 
information such as date of birth, address, social security number, and any account numbers 
used by the federal government, state government, local government, or companies to 
identify individuals.   
(2)  “Protected Financial Information” includes all bank account numbers, financial 
account numbers, credit card numbers, and codes or numbers of any kind used to retrieve 
or access assets and money, including but not limited to personal identification numbers 
(PIN), account codes and numbers, security passwords, etc.    
(3)  “Protected Contact Information” includes all home addresses, phone numbers 
for personal residences, and phone numbers for cell phones. 
(4)  “Protected Grand Jury Information” means information that is within the scope 
of the grand jury secrecy and disclosure provisions of Fed. R. Crim. P. 6(e), including 
transcripts of witness testimony. 
(5)  “Protected Court Information” means documents that have been filed under 
seal with the Court and continue to be maintained under seal, including sealed search 
warrants and other legal process obtained during the course of the investigation. 
(6)  “Protective Investigative Information” means information related to ongoing 
criminal investigations whose disclosure may adversely impact the ongoing investigations 
by causing the subjects of those investigations to flee, destroy evidence or otherwise 
obstruct justice. 
2.  
Production of Protected Information By The United States That May Be 
Subject To the Privacy Act, 5 U.S.C. ' 552a; 42 U.S.C. ' 1306; 26 U.S.C. ' 6103; or Other 
Privacy Protections.  The United States may produce certain Protected Information as identified 
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in Rule 49.1 of the Federal Rules of Criminal Procedure to defendant, pursuant to defendant’s 
discovery requests.  The information produced may be subject to the provisions of the Privacy Act, 
5 U.S.C. ' 552a or to the provisions of 42 U.S.C. ' 1306.  Upon producing these documents to the 
defendant, the United States shall designate them as “confidential” in the manner set forth in 
paragraph 3, below.  The defendant, including defendant’s counsel and their personnel, may use 
these documents only for purposes of the litigation, and may disclose them to non-parties to this 
litigation only as needed for the litigation, and only if the nonparty agrees in writing to be bound 
by the provisions of this Order.  The defendant shall not file these documents with or submit them 
to the Court or reproduce their contents in any court filing unless the document or filing is placed 
under seal or all information that would disclose identity information within the document or filing 
has been removed.  Within 90 days of the final conclusion of this litigation, defendant shall return 
the documents designated confidential and all copies, as well as all notes, memoranda, summaries, 
or other documents containing information from the designated confidential documents, to counsel 
for the United States, or shall destroy them and certify in writing to counsel for the United States 
that the documents have been destroyed.  If any documents designated as confidential were used 
as defense exhibits, defense counsel shall identify these documents, which shall be maintained 
with government exhibits so long as those are required to be maintained 
3. 
Designation of Material Subject to this Protective Order.  To designate 
Protected Information subject to this Protective Order, the United States shall so designate, on the 
material itself, in an accompanying cover letter, on a diskette cover or label, or interrogatory or 
request for admission response, by using the following designation: “CONFIDENTIAL 
INFORMATION – SUBJECT TO PROTECTIVE ORDER.” 
4.   
Access to and Use of Protected Information.  The defendant and the defendant’s 
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counsel may use the Protected Information only for purposes of this litigation and may not disclose 
such Protected Information to anyone not specifically entitled to access under this Protective 
Order.  The defendant’s counsel may disclose Protected Information to the defendant, but may not 
provide the defendant with any documents containing Protected Information.  The defendant’s 
counsel, and individuals participating in the case at the direction of counsel, may only use the 
Protected Information for the purposes of defending this criminal case, including any appeal, and 
may only disclose the Protected Information to non-parties to this litigation, which will be limited 
to experts and outside investigators retained by the defendant in this litigation, as follows: 
a. 
Such disclosure may occur only as needed for the litigation; 
b.  
Such disclosures may occur only after defense counsel advises the non-
party of the terms of this Protective Order; and 
c. 
Material given to non-parties must be designated “confidential” material in 
an accompanying cover letter, and the material itself must be labeled (e.g., on the 
CD, DVD, or other disk or medium):  “CONFIDENTIAL INFORMATION – 
SUBJECT TO PROTECTIVE ORDER.” 
5.  
Use of Protected Information in Court Filings and Open Court.  The procedures 
for use of designated confidential documents during any hearing or the trial of this matter shall be 
determined by the parties and the Court in advance of the hearing or trial.  The parties shall consider 
the following: redacting confidential documents to remove individual identifiers, requesting the 
Court to submit or place such documents or exhibits under seal, coding the documents to substitute 
a numerical or other designation for the Protected Information, introducing summary evidence 
where practicable, and assuring that all Protected Information associated with individuals have 
been redacted in accordance with Fed. R. Crim. P. 49.1 and other applicable laws.  No party shall 
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disclose designated confidential documents in open Court without prior consideration by the Court.  
No party shall file documents containing Protected Information to the Court or reproduce Protected 
Information in any court filing unless the document or filing containing the Protected Information 
is placed under seal or all information that would identify the subject of the document or filing has 
been removed or redacted.  
6.   
Filing of documents.  The Clerk shall accept for filing under seal any documents 
or filings so marked by the parties pursuant to the above paragraphs.  
7.  
Sealed Documents.  Documents that have been filed under seal with the court and 
continue to be maintained under seal shall be provided to the defendant for purposes of discovery.  
8.  
Modification Permitted.  Nothing in this Order shall prevent any party from 
seeking modification of this Protective Order or from objecting to discovery that it believes to be 
otherwise improper.  The party seeking modification must first discuss any proposed modifications 
with opposing counsel and attempt to reach resolution before seeking modification from this Court.   
9.  
No Waiver.  The failure to designate any materials as Protected Information as 
provided in this Protective Order shall not constitute a waiver of a party’s assertion that the 
materials are covered by this Protective Order. 
10. 
No Ruling on Discoverability or Admissibility.  This Protective Order does not 
prevent any party from objecting to discovery that it believes to be otherwise improper.  Further, 
this Protective Order does not constitute a ruling on the question of whether any particular material 
is properly discoverable or admissible and does not constitute a ruling on any potential objection 
to the discoverability or admissibility of any material. 
11.  
Unauthorized Disclosure.  Should any Protected Information be disclosed in a 
manner not authorized by this Protective Order by the defendant, defense counsel or a non-party 
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retained by the defendant for purposes of the litigation, then the defense counsel shall use his or 
her best efforts to obtain the return of any such Protected Information and to bind the recipient of 
Protected Information to the terms of this Order and shall, as soon as practicable after the discovery 
of such disclosure, inform the Court and the United States of the unauthorized disclosure and 
identify such recipient to the party who designated the Protected Information.   
12.  
Nontermination.  This Order shall survive the termination of this Criminal Case 
and shall continue in full force and effect thereafter. 
13. 
Reservation of Rights.  Nothing contained in this Protective Order shall prevent 
or in any way limit or impair the right of the United States to disclose to any agency or department 
of the United States, or any division of any such agency or department, designated confidential 
documents relating to any potential violation of law or regulation, or relating to any matter within 
that agency=s jurisdiction, nor shall anything contained in this Protective Order prevent or in any 
way limit or impair the use of any such designated confidential documents by an agency in any 
proceeding relating to any potential violation of law or regulation, or relating to any matter within 
that agency=s jurisdiction; provided, however, that the agency shall maintain the confidentiality of 
the designated confidential documents consistent with the terms of this Protective Order. 
14.  
Addition of Defendants after Entry of Order.  This Protective Order will cover 
additional defendants in this case so long as they agree to be bound by the terms of this Protective 
Order and so indicate that consent by the execution of a supplemental stipulation, which shall be 
filed as an addendum or supplement to this Protective Order. 
 
 
 
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SO ORDERED this _____ day of June, 2022. 
 
 
_______________________________ 
The Honorable A. David Copperthite 
United States Magistrate Judge 
 
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