Assented to Motion for Protective Order by USA as to Pierre Rogers, Joshua Leavitt — USA v. Rogers et al. (Dkt. 15)

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D.N.H. · No. 1:22-cr-00074-PB · Doc. 15 · 2022-07-11 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
DISTRICT OF NEW HAMPSHIRE 
 
 
UNITED STATES OF AMERICA 
 
               v. 
 
PIERRE ROGERS and 
JOSHUA LEAVITT, 
 
                         Defendants 
 
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No. 22-cr-74-PB-01/02 
 
 
Assented-to-Motion for Protective Order Pursuant to Fed. R. Crim. P. 16(d)(1) 
 
The United States of America respectfully requests the Court endorse and issue the 
attached Protective Order under Fed. R. Crim. P. 16(d)(1). 
1. 
For purpose of this motion, 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, including sentencing arguments, in this case.  The term “defendants” mean 
Pierre Rogers and Joshua Leavitt. 
2. 
The government is producing discovery materials to defense counsel in accordance with 
Rule 16 of the Federal Rules of Criminal Procedure (and referred to here as “Discovery 
Material”).  This material includes sensitive financial information, including bank statements and 
tax filings, and personal identifying information.  This information is voluminous and would be 
burdensome to redact.   
3. 
In addition, the information may be relevant to issues in this case and it may be helpful to 
the defense if produced without redactions. 
4. 
In order to provide the defendant required discovery and protect sensitive information, 
the government requests that the Court enter a protective order with respect to the Discovery 
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Material pursuant to Rule 16(d)(1) of the Federal Rules of Criminal Procedure.  That rule 
provides, in pertinent part, that: 
[T]he court may, for good cause, deny, restrict, or defer discovery or inspection, 
or grant other appropriate relief. 
5. 
The government has conferred with defendant Rogers through his counsel, Diane Bass, 
Esq. and Jaye Rayncourt, Esq., and defendant Leavitt through his counsel, Brian Quirk, Esq.  
The parties agree that it is appropriate in this case and in the interests of all parties for Discovery 
Material to be disclosed to the defense pursuant to the attached proposed Protective Order that 
restricts the defense from using any of the materials for any purpose not related to the defense of 
this case. 
6. 
The Government, with the defendants’ assent, requests an order under Rule 16(d)(l) that 
provides as follows: 
a. 
The Discovery Material shall be used by the defendants and their defense teams only 
as necessary to prepare and present a defense in this case. 
b. 
Defense counsel shall maintain custody of the Discovery Material and shall not make 
copies of the Discovery Material unless necessary to provide them to their clients or 
other member(s) of the defense teams who will use the copies only to assist in the 
defense of this case.  All copies of Discovery Material, including those provided to the 
defendants and member(s) of the defense team, are subject to and protected by this 
Order.   
c. 
Defense counsel may show and provide copies of Discovery Material only to the 
defendants and members of the defense teams.  In showing or providing copies of 
Discovery Material, defense counsel must take steps that reasonably assure that the 
Discovery Material will not be viewed by any other person who is not a defendant or a 
member of the defense teams. 
d. 
Defense counsel shall collect and destroy any and all copies of the Discovery Material 
when it is no longer needed by the defendants or members of the defense teams to 
prepare and present a defense in this case. 
e. 
At the conclusion of this matter, defense counsel shall either return all Discovery 
Material and remaining copies of Discovery Material (including, but not limited to all 
copies in the possession of the defendants or any member of the defense teams) to the 
United States Attorney’s office or destroy all such material.  If defense counsel 
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destroys the Discovery Material, defense counsel shall certify to the United States 
within 30 days of conclusion of this matter that the Discovery Material and all copies 
of the Discovery Material (including, but not limited to all copies in the possession of 
any member of the defense team) have been destroyed.  The term “conclusion of this 
matter” shall include the exhaustion of appeals and collateral review. 
7. 
Defendant Rogers, through his counsel Diane Bass, Esq. and Jaye Rancourt, Esq., and 
defendant Leavitt, through his counsel Brian Quirk, Esq., have assented to the relief sought in 
this motion.  
8. 
A supporting memorandum of law has not been submitted because it is unnecessary in 
light of the nature of the relief requested. 
Therefore, 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: July 11, 2022  
 
By: 
/s/ Alexander S. Chen  
 
 
 
 
 
 
 
Alexander S. Chen 
 
 
 
 
 
 
Special Assistant U.S. Attorney 
 
 
 
 
 
 
53 Pleasant Street, 4th Floor 
 
 
 
 
 
 
Concord, New Hampshire 03301 
 
 
 
 
 
 
(603) 225-1552 
 
 
 
 
 
 
Alexander.chen@usdoj.gov 
 
 
 
 
 
 
 
 
Case 1:22-cr-00074-PB     Document 15     Filed 07/11/22     Page 3 of 3

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