Protective Order — United States v. Philossaint (Dkt. 40, S.D. Fla.)

Summary

A Protective Order, Document 40, in United States of America v. Joff Stenn Wroy Philossaint, Mariel Tollinchi, Regine Marie Rene, and Brianna Monique Gayle, Case No. 22-CR-80144-SMITH/MAYNARD, in the U.S. District Court for the Southern District of Florida, dated September 19, 2022. The order grants the United States' unopposed motion and authorizes the government to produce discovery containing personally identifying information of third parties on encrypted hard drives supplied by defense counsel. It provides that records containing third-party PII may be shown to the defendants, who cannot keep copies, and that items not available in electronic format be made available for review at the offices of the FBI. It is signed by United States District Judge Rodney Smith and includes an acknowledgment form for those bound by its terms.

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Case 9:22-cr-80144-RS Document 40 Entered on FLSD Docket 09/19/2022 Page 1 of 3




                            UNITED STATES DISTRICT COURT
                            SOUTHERN DISTRICT OF FLORIDA

                          Case No. 22-CR-80144-SMITH/MAYNARD

 UNITED STATES OF AMERICA

 vs.

 JOFF STENN WROY PHILOSSAINT,
 MARIEL TOLLINCHI,
 REGINE MARIE RENE, and
 BRIANNA MONIQUE GAYLE,

             Defendants.
 ______________________________________/

                                     PROTECTIVE ORDER

        This matter came before the Court on the United States’ Unopposed Motion for Permission

 to Produce Records to Defense Counsel Pursuant to a Protective Order. Having considered the

 Motion and the record in this case, and good cause having been shown therefore, the Motion is

 hereby GRANTED.

        Accordingly, it is HEREBY ORDERED THAT:

        1.      The government is authorized to produce discovery to the defendants, including

 personally identifying information of third parties (“PII”) in encrypted form, that is, counsel for

 each defendant shall provide a 1 terabyte encrypted hard drive to counsel for the government, and

 government personnel shall load the discovery onto the encrypted drives provided by defense

 counsel and return them. Items that are not available in electronic format shall be made available

 for review at the offices of the FBI. If any of those documents later become available in electronic

 format, they shall be loaded onto defense counsel’s encrypted hard drive.

        2.      Defense counsel shall maintain the encrypted drives in a secure area when not in


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Case 9:22-cr-80144-RS Document 40 Entered on FLSD Docket 09/19/2022 Page 2 of 3




 use.

         3.      Any copies of the encrypted discovery must also be encrypted or placed on a secure

 password-protected server. If documents containing PII are printed from the encrypted drive,

 they shall be maintained in a secure area when not in use and shredded when no longer needed.

 Records containing PII of third parties may be shown to the defendants, but the defendants cannot

 keep a copy of those records. Documents and information that do not contain PII are not subject

 to the restrictions set forth in this paragraph.

         4.      Any PII information which is produced pursuant to the Standing Discovery Order

 or otherwise disclosed to the defendants in this proceeding shall be held in strictest confidence by

 defense counsel, and access to this material shall be restricted. Access to this information shall

 be permitted to defense counsel staff only to the extent necessary to prepare their client’s defense.

 Such information may be further disclosed by defense counsel to their clients and to expert

 witnesses and consultants hired by the defense who must review and agree to be bound by the

 terms of the Protective Order. Persons to whom any such PII is disclosed on behalf of the

 defendants shall not further disclose or disseminate this information without further Order of the

 Court. Documents and information that do not contain PII are not subject to the restrictions set

 forth in this paragraph.

         5.      No PII related to individuals who are not defendants or witnesses shall be entered

 in the record during trial, either through testimony or documents, or in motions in this proceeding,

 unless all practicable means of masking or redacting PII have been employed. If it is not

 practicable to mask individual identifiers during testimony, or to redact individual identifiers from

 exhibits or motions, then the party wishing to proffer such evidence shall first seek approval from

 the Court to do so and shall file such motions and exhibits under seal.

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Case 9:22-cr-80144-RS Document 40 Entered on FLSD Docket 09/19/2022 Page 3 of 3




        6.      At the conclusion of this proceeding, all PII that was not entered in the record at

 trial through testimony or exhibits, and that is unnecessary to the maintenance of the record of the

 proceeding, shall be destroyed. Counsel for the defendants may maintain the encrypted drives

 through the completion of any direct appeals. Upon entry of a final judgment in this matter and

 conclusion of any direct appeals, defense counsel shall destroy or cause to be destroyed all copies

 of covered information except as otherwise required to be maintained pursuant to document

 retention polices. Alternatively, counsel for the defendants may return the encrypted material to

 the FBI, who will dispose of it.

        7.      The U.S. Attorney’s Office and the investigating agencies may maintain the

 evidence collected in the case in accordance with their file retention and destruction protocols.

        DONE AND ORDERED this 19th day of September, 2022, at West Palm Beach, Florida.


                                                      _________________________________
                                                      RODNEY SMITH
                                                      UNITED STATES DISTRICT JUDGE




 I certify that I have read and agree to be bound by the terms of this Protective Order:



 Date: ________________                               _________________________________
                                                      (Signature of Defendant, Defense Counsel
                                                      Employee/Investigator,     or     Expert
                                                      Witness/Consultant)




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