Text of Proposed Order — USA v. Distefano (Dkt. 14.1)

Record facts

U.S. District Court for the Northern District of Illinois · No. 1:24-cr-00424 · Doc. 14-1 · 2024-09-20 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF ILLINOIS 
EASTERN DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
FRANCESCO DISTEFANO 
 
No. 24 CR 424  
 
Judge Jeremy C. Daniel 
 
PROTECTIVE ORDER GOVERNING DISCOVERY 
Upon the unopposed motion of the government, pursuant to Fed. R. Crim. P. 
16(d), it is hereby ORDERED:    
1. 
All of the materials provided by the United States in preparation for, or 
in connection with, any stage of the proceedings in this case (collectively, “the 
materials”) are subject to this protective order and may be used by defendant and 
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 and defendant’s counsel shall not disclose the materials or 
their contents directly or indirectly to any person or entity other than persons 
employed to assist in the defense, persons who are interviewed as potential witnesses, 
counsel for potential witnesses, and other persons to whom the Court may authorize 
disclosure (collectively, “authorized persons”). Potential witnesses and their counsel 
may be shown copies of the materials as necessary to prepare the defense, but may 
not retain copies without prior permission of the Court.    
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3. 
Any materials containing taxpayer information obtained from the 
Internal Revenue Service shall be plainly marked as such by the government prior to 
disclosure. No such materials, or the information contained therein, may be disclosed 
to any persons other than defendant, defendant’s counsel, persons employed to assist 
the defense, or the taxpayer on whose behalf such information was provided to the 
Internal Revenue Service, without prior notice to the government and authorization 
from the Court. Absent prior permission from the Court, taxpayer information 
obtained from the Internal Revenue Service shall not be included in any public filing 
with the Court, and instead shall be submitted under seal (this Order does not, 
however, prohibit a defendant from making a public filing containing the defendant’s 
own taxpayer information).    
4. 
Certain additional materials disclosed or to be disclosed by the 
government contain particularly sensitive information, including confidential 
business information belonging to one or more entities. These materials shall be 
plainly marked as sensitive by the government prior to disclosure. No such materials, 
or the information contained therein, may be disclosed to any persons other than 
defendant, counsel for defendant, persons employed to assist the defense, or the 
person to whom the sensitive information solely and directly pertains, without prior 
notice to the government and authorization from the Court. Absent prior permission 
from the Court, information marked as sensitive shall not be included in any public 
filing with the Court, and instead shall be submitted under seal (except if the 
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defendant chooses to include in a public document sensitive information relating 
solely and directly to the defendant.    
5. 
Defendant, 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, defendant’s counsel, and authorized 
persons. Such copies and reproductions shall be treated in the same manner as the 
original materials. 
6. 
Defendant, 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. 
7. 
Before providing materials to an authorized person, defense counsel 
must provide the authorized person with a copy of this Order. 
8. 
Upon conclusion of all stages of this case, all of the materials and all 
copies made thereof shall be disposed of in one of three ways, unless otherwise 
ordered by the Court. The materials may be (1) destroyed; (2) returned to the United 
States; or (3) retained in defense counsel's case file. The Court may require a 
certification as to the disposition of any such materials. In the event that the 
materials are retained by defense counsel, the restrictions of this Order continue in 
effect for as long as the materials are so maintained, and the materials may not be 
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disseminated or used in connection with any other matter without further order of 
the Court.  
9. 
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. 
10. 
The restrictions set forth in this Order do not apply to documents that 
are or become part of the public court record, including documents that have been 
received in evidence at other trials, nor do the restrictions in this Order limit defense 
counsel in the use of discovery materials in judicial proceedings in this case, except 
that any document filed by any party which attaches or otherwise discloses the 
contents of taxpayer information obtained from the Internal Revenue Service (other 
than taxpayer information relating solely to the defendant filing the document in 
question) or specially identified sensitive information as described in Paragraph 4, 
above, shall be filed under seal to the extent necessary to protect such information, 
absent prior permission from this Court. 
 
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11. 
Nothing contained in this Order shall preclude any party from applying 
to this Court for further relief or for modification of any provision hereof. 
 
 
ENTER: 
 
 
 
 
 
 
 
 
 
 
Judge Jeremy C. Daniel  
United States District Court 
Northern District of Illinois 
 
Date:   
 
 
 
 
 
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