Unopposed MOTION for Protective Order for Discovery Materials by USA as to Darrell… — USA v. Thomas et al (Dkt. 39)

Summary

The Government's Motion for Protective Order for Discovery Materials, filed 08/13/20 as Document 39 in United States of America v. Darrell Thomas, Andre Lee Gaines, Kahlil Gibran Green Sr., Bern Benoit, and Carla Jackson, Criminal Action No. 1:20-cr-296-JPB-AJB, in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The United States moves under Federal Rule of Criminal Procedure 16(d)(1) to limit the defendants' use and dissemination of discovery to what is reasonably necessary to prepare their defense. It states that the discovery contains dates of birth, addresses, social security numbers and bank account numbers of individuals who are not parties, and that the defendants consent to the order. The signature line reads /s/ TAL C. CHAIKEN, dated August 13, 2020.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA 
v. 
DARRELL THOMAS, 
ANDRE LEE GAINES, 
KAHLIL GIBRAN GREEN SR. 
A/K/A KHALIL GREEN, 
BERN BENOIT A/K/A BURN 
BENOIT, AND 
CARLA JACKSON 
 
 
Criminal Action 
No. 1:20-cr-296-JPB-AJB 
 
Government’s Motion for Protective Order for Discovery Materials  
The United States of America, by Byung J. Pak, United States Attorney, and 
Tal C. Chaiken and Nathan P. Kitchens, Assistant United States Attorneys for the 
Northern District of Georgia, moves for a protective order to limit the 
defendants’ use and dissemination of information provided in discovery to that 
which is reasonably necessary to prepare their defense, pursuant to Federal Rule 
of Criminal Procedure 16(d)(1).   
 In support of its motion, the United States submits as follows: 
1. On August 4, 2020, a grand jury in the Northern District of Georgia 
returned a 30-count Indictment against Darrell Thomas, Andre Lee Gaines, 
Kahlil Gibran Green, Sr., Bern Benoit, and Carla Jackson for conspiracy to 
commit bank fraud and wire fraud in violation of Title 18, United States Code, 
Section 1349; bank fraud in violation of Title 18, United States Code, Section 1344; 
Case 1:20-cr-00296-JPB-CMS     Document 39     Filed 08/13/20     Page 1 of 5

 
wire fraud in violation of Title 18, United States Code, Section 1343; false 
statement to a federally insured financial institution in violation of Title 18, 
United States Code, Section 1014; and/or money laundering in violation of Title 
18, United States Code, Sections 1956 and 1957.   
2. The United States provided Rule 16 discovery to Thomas and Gaines at 
arraignment, will provide Rule 16 discovery to Jackson’s newly appointed 
counsel, and will provide Rule 16 discovery to Green and Benoit at arraignment.  
3. The United States considers many of the records that will be produced in 
this case to be “sensitive materials” in that they contain dates of birth, addresses, 
social security numbers, and bank account numbers for individuals who are not 
parties to this litigation. Given the volume of discovery materials in this case, 
redaction of all “sensitive information” within the materials would be unduly 
burdensome and would be subject to error.  Further, the degree of redaction that 
would be required for certain documents may obscure some of the documents 
and make them illegible.  
4. As a result, pursuant to Federal Rule of Criminal Procedure 16(d)(1), the 
United States requests that a protective order be issued to guard against the 
unwarranted dissemination of the discovery materials in this case. See FED. R. 
CRIM. P. 16(d)(1) (“[a]t any time the court may, for good cause, deny, restrict, or 
defer discovery or inspection, or grant other appropriate relief”). 
5. First, the United States requests an order mandating that any discovery 
materials and all information included in the discovery materials (regardless of 
whether such materials are defined as discovery under Rule 16) that are 
Case 1:20-cr-00296-JPB-CMS     Document 39     Filed 08/13/20     Page 2 of 5

 
provided by the United States to the defendants shall not be further 
disseminated by the defendants or their counsel to any individuals, 
organizations, or other entities, except to: 
a. Members of the defense team (co-counsel, paralegals, investigators, 
litigation support personnel, the defendants, and secretarial staff); 
b. Any experts or consultants retained to assist in the preparation of the 
defense; or 
c. The Court. 
6. Second, the United States requests an order requiring that all discovery is 
to be provided and used by the defendants and their counsel exclusively for the 
purpose of allowing the defendants to prepare a defense, and that the 
defendants, defense counsel, and members of the defense team will not 
disseminate, disclose, or provide the discovery produced by the United States to 
anyone who is not necessary to the preparation of the defense. 
7. The United States submits that these protective measures are necessary to 
guard against dissemination of confidential and sensitive personal information 
and that a protective order is the most reasonable way of balancing the 
defendants’ need for access to these materials with the rights of individuals 
whose information may be reflected in this discovery. 
8. Pursuant to Local Criminal Rule 12.1(D), undersigned counsel 
communicated with defense counsel for Thomas, Gaines, Green, Benoit, and 
Jackson about the relief sought in this motion.  Undersigned counsel understands 
that the defendants consent to the entry of this protective order. 
Case 1:20-cr-00296-JPB-CMS     Document 39     Filed 08/13/20     Page 3 of 5

 
 
WHEREFORE, and based on good cause shown, the United States 
respectfully requests that the Court issue the submitted protective order. 
 
Dated:   August 13, 2020 
Respectfully submitted, 
BYUNG J. PAK 
United States Attorney 
TAL C. CHAIKEN 
Assistant United States Attorney 
Georgia Bar No. 273949 
Tal.Chaiken@usdoj.gov 
NATHAN P. KITCHENS 
Assistant United States Attorney 
Georgia Bar No. 263930 
Nathan.Kitchens@usdoj.gov 
 
 
 
Case 1:20-cr-00296-JPB-CMS     Document 39     Filed 08/13/20     Page 4 of 5

 
Certificate of Service 
The United States Attorney’s Office served this document today by filing it 
using the Court’s CM/ECF system, which automatically notifies the parties and 
counsel of record.   
 
 
August 13, 2020 
 
/s/ TAL C. CHAIKEN 
 
 
TAL C. CHAIKEN 
 
Assistant United States Attorney 
 
 
Case 1:20-cr-00296-JPB-CMS     Document 39     Filed 08/13/20     Page 5 of 5

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