Protective Order re 40 as to Martin Kao (1) - Signed by Magistrate Judge Kenneth J. Mansfield on 5/18/2021 — USA v. Kao (Dkt. 43)

Record facts

U.S. District Court for the District of Hawaii · No. 1:21-cr-00061-LEK · Doc. 43 · 2021-05-18 · Docket on CourtListener

Full text

JUDITH A. PHILIPS 
Acting United States Attorney 
District of Hawaii 
Justice 
CRAIG S. NOLAN 
Assistant U.S. Attorney 
Room 6100, PJKK Federal Building 
300 Ala Moana Blvd. 
Honolulu, Hawaii 96850 
Telephone: (808) 541-2850 
Facsimile: (808) 541-2958 
E-mail: Craig.Nolan@usdoj.gov 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
DANIEL S. KAHN 
Acting Chief, Fraud Section 
Criminal Division, U.S. Dept. of 
THOMAS J. TYNAN 
Trial Attorney 
U.S. Dept. of Justice 
Criminal Division, Fraud Section 
1400 New York Avenue, N.W. 
Washington, D.C. 20005 
Telephone: (202) 768-1136 
E-mail: Thomas.Tynan@usdoj.gov 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF HAWAII 
UNITED STATES OF AMERICA, 
) 
CR. NO. 21-00061 JAO 
) 
Plaintiff, 
) 
) 
PROTECTIVE ORDER 
vs. 
) 
) 
MARTINKAO, 
) 
) 
) 
Defendant. 
) 
PROTECTIVE ORDER 
This matter is before the Court on the Motion of the United States seeking a 
protective order pursuant to Federal Rule of Criminal Procedure 16(d). Defendant 
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stipulates to the Motion and consents to entry of the proposed protective order. 
The Court, having considered the Motion and being otherwise sufficiently advised, 
hereby GRANTS the Motion. 
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. The 
materials and their contents shall not be disclosed either directly or indirectly to 
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any person or entity outside of the United States without prior authorization from 
the Court. 
3. 
Defendant, defendant's counsel, and other 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 the defendant, defendant's 
counsel, and other authorized persons. Such copies and reproductions shall be 
treated in the same manner as the original materials. 
4. 
Defendant, defendant's counsel, and other 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. 
5. 
Before providing materials to an authorized person, defense counsel 
must provide the authorized person with a copy of this Order and require the 
authorized person to sign a statement acknowledging that the authorized person has 
received a copy of and revieweq this Order, and has agreed to be bound by its 
terms and conditions subject to sanctioning by the Court for any violations of this 
Order. Defense counsel shall maintain a copy of the signed statement of each 
authorized person for a period of twelve months after the conclusion of all stages 
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of this case, and shall provide copies of the signed statement of each authorized 
person to the government upon request. 
6. 
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 (a) destroyed; (b) returned to the 
United States; or (c) 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 
disseminated or used in connection with any other matter without further order of 
the Court. 
7. 
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 that attaches or otherwise 
discloses specially identified sensitive information by the United States shall be 
filed under seal to the extent necessary to protect such information, absent prior 
permission from this Court. 
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8.
Nothing contained in this Order shall preclude any party from
applying to this Court for further relief or for modification of any provision hereof. 
DATED: May 18, 2021, at Honolulu, Hawaii. 
UNITED STATES v. MARTIN KAO 
,-
Cr. No. 21-00061 JAO 
"Protective Order" 
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