Assented to Motion for Protective Order by USA as to Heath Gauthier — USA v. Gauthier (Dkt. 21)

Record facts

D.N.H. · No. 1:23-cr-00015-JL-TSM · Doc. 21 · 2023-06-16 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
DISTRICT OF NEW HAMPSHIRE 
 
 
UNITED STATES OF AMERICA 
 
               v. 
 
HEATH GAUTHIER 
 
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Criminal Case No. 1:23-cr-00015-JL 
 
 
 
 
GOVERNMENT’S ASSENTED-TO MOTION FOR A PROTECTIVE ORDER 
 
 
The United States of America, with the defendant’s assent, moves the Court to issue a 
protective order in this case.  The government makes this request for the following reasons: 
1. 
On February 15, 2023, a grand jury returned an indictment charging the defendant with 
wire fraud, attempted wire fraud, and aggravated identity theft in connection with his alleged 
fraud in obtaining CARES Act loans.  ECF No. 1. 
2. 
The defendant was arrested on February 16, 2023.  That same day, investigators executed 
a search warrant of the defendant’s residence and person.  The search warrant also authorized the 
search of the defendant’s electronic devices.  23-mj-27-AJ. 
3. 
While searching the devices, investigators saw, in plain view, evidence of other federal 
offenses, including possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5). 
4. 
On May 26, 2023, Judge Johnstone signed a search warrant authorizing investigators to 
search the seized devices for evidence relating to the distribution, receipt, and possession of child 
pornography.  See 23-mj-102-AJ. 
5. 
On June 1, 2023, Judge Johnstone held a bail review hearing and the defendant stipulated 
to detention, without prejudice, pending trial.  ECF No. 20. 
6. 
The government is evaluating this new evidence and investigating to determine if a 
superseding indictment charging child exploitation offenses is appropriate.  The parties have 
Case 1:23-cr-00015-JL-TSM     Document 21     Filed 06/16/23     Page 1 of 3

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begun discussing a potential resolution of both the charged fraud scheme and potential charges 
related to child exploitation.  For these discussions to continue, the government wishes to 
produce pre-(superseding) indictment discovery to the defense related to the child exploitation 
investigation (the “CE Discovery Material”).  Due to the nature of the child exploitation 
investigation, the discovery contains sensitive information, including statements and other 
information concerning alleged minor victims.   
7. 
Criminal Rule 16(d)(1) states that “the court may, for good cause, deny, restrict, 
or defer discovery or inspection, or grant other appropriate relief.”  Fed. R. Crim. P. 16(d)(1).   
8. 
The government conferred with defense counsel and the parties agreed that a 
protective order is appropriate here to enable the government to produce pre-indictment 
discovery concerning the child exploitation investigation.   
9. 
Accordingly, the United States requests that the Court issue a Protective Order 
that includes the following provisions:  
a. For purposes of this Order, the term “defense team” means defense counsel, 
defense counsel’s staff, and anyone directly engaged by defense counsel to 
assist in preparing and presenting a defense in this case.   
b. The CE Discovery Material shall be used by the defense team only as 
necessary to prepare and present a defense in this case; 
c. Defense counsel shall show the CE Discovery Material only to other members 
of the defense team; 
d. Defense counsel shall not provide a copy of the CE Discovery Material to the 
defendant.  Defense counsel may view and review the CE Discovery Material 
with the defendant, but must do so in a manner that reasonably assures they 
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will not be viewed by any other person who is not a member of the defense 
team; and 
e.
Defense counsel shall maintain custody of the CE Discovery Material and
shall not make copies unless necessary to provide to another member of the
defense team who will use the copy to assist in the defense of this case.
f.
At the end of the case, including any collateral challenges, or when the CE
Discovery Material is no longer needed by the other member(s) of the defense
team, defense counsel shall destroy the CE Discovery Material or, if
destruction is not feasible because electronic copies of the CE Discovery
Material are stored on defense counsel’s archive system due to routine server
back-ups, defense counsel shall maintain the CE Discovery Material in a way
that reasonably assures compliance with this Order.
10.
The defendant, Heath Gauthier, through his counsel, Dorothy Graham, Esq.,
assents to this motion. 
WHEREFORE, the United States respectfully requests that this Court enter a protective 
order containing the provisions specified above. For the Court’s convenience, a proposed 
Protective Order is enclosed with this motion.  
Respectfully submitted, 
JANE E. YOUNG 
United States Attorney 
Dated: June 16, 2023 
By: /s/ Matthew T. Hunter 
Matthew T. Hunter 
Assistant U.S. Attorney 
53 Pleasant Street, 4th Floor 
Concord, New Hampshire 03301 
(603) 225-1552
Matthew.Hunter@usdoj.gov
Case 1:23-cr-00015-JL-TSM     Document 21     Filed 06/16/23     Page 3 of 3

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