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Home Court filings United States v. Eric Shibley — W.D. Wash., No. CR20-0174-JCC Information - United States v. Shibley companion docket

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Information - United States v. Shibley companion docket

Record facts

CourtU.S. District Court for the Western District of Washington
Filed2020-10-23

U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 38 · 2020-10-23 · Docket on CourtListener

Summary

A stipulated motion for entry of a protective order in United States of America v. Eric Shibley, No. CR20-174JCC, in the U.S. District Court for the Western District of Washington, filed October 23, 2020 as Document 38 before Judge John C. Coughenour. The motion states that the Indictment alleges the defendant submitted Payroll Protection Program and Economic Injury Disaster Loan applications that misrepresented employees, payroll, revenues and his probation status. It says discovery will include personal identifying information protected under Fed. R. Crim. P. 49.1 and asks that such material be treated as Protected Material, provided only to counsel and staff. It states that pre-indictment discovery produced under a Confidentiality Agreement dated July 15, 2020 will be governed by the attached protective order. It is signed by government attorneys and defense counsel Michael Nance.

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Full text

United States v. Eric Shibley 
CR20-174JCC, Stipulated Motion for Entry of a Protective Order - 1 
UNITED STATES ATTORNEY 
700 STEWART ST, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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        The Honorable John C. Coughenour 
 
 
 
 
 
 
 
UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF WASHINGTON 
AT SEATTLE 
 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
ERIC SHIBLEY, 
 
       Defendant. 
NO. CR20-174JCC 
 
 
STIPULATED MOTION FOR ENTRY 
OF A PROTECTIVE ORDER 
 
Noted: October 23, 2020 
 
 
I. 
INTRODUCTION 
The United States of America, by and through Brian T. Moran, United States 
Attorney for the Western District of Washington, Brian Werner, Assistant United States 
Attorney for the Western District of Washington, Daniel S. Kahn, Acting Chief, Fraud 
Section, Department of Justice, Laura Connelly and Amanda R. Vaughn, Trial Attorneys, 
and the defendant, ERIC SHIBLEY, by and through his attorney Michael Nance, hereby 
move for entry of a protective order regarding the discovery materials described below.   
II. 
THE NEED FOR A PROTECTIVE ORDER 
The Indictment in this case alleges that Defendant Shibley, through various 
entities he controlled, submitted fraudulent Payroll Protection Program (“PPP”) and 
Economic Injury Disaster Loan (“EIDL”) applications which falsely represented the 
Case 2:20-cr-00174-JCC     Document 38     Filed 10/23/20     Page 1 of 3

 
 
 
United States v. Eric Shibley 
CR20-174JCC, Stipulated Motion for Entry of a Protective Order - 2 
UNITED STATES ATTORNEY 
700 STEWART ST, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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number of employees, monthly payroll expenses, and gross revenues of the Shibley 
entities, as well as Shibley’s probation status.  The discovery in this case will contain the 
personal information of certain individuals the Defendant claimed as employees of his 
business, including personal identifying information that is protected from disclosure 
under applicable law, including Fed. R. Crim. P. 49.1.  Furthermore, documents involved 
in this case may include information concerning business and financial information or 
data.  
The parties stipulate to the entry of the attached protective order to ensure that 
personal information is treated as “Protected Material” and not used for any other 
purpose than preparing a defense in this matter, and that copies of Protected Materials 
may only be provided to counsel and counsel’s staff.  The government will identify what 
is “Protected Material” at the time it produces it to defense.  However, counsel may 
review Protected Material with clients and witnesses, so long as they do not provide the 
client/witness with a copy of the Protected Material.   
The personal information of any witness may not be filed or used in Court without 
redaction or further order of the Court.  See Local Rules W.D. Wash., CrR 49.1. 
The government provided pre-indictment discovery to the Defendant in July 2020, 
pursuant to a Confidentiality Agreement dated July 15, 2020.  The parties agree that all 
previously produced discovery shall now be governed by the attached protective order. 
// 
// 
 
 
 
 
 
 
 
Case 2:20-cr-00174-JCC     Document 38     Filed 10/23/20     Page 2 of 3

 
 
 
United States v. Eric Shibley 
CR20-174JCC, Stipulated Motion for Entry of a Protective Order - 3 
UNITED STATES ATTORNEY 
700 STEWART ST, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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III. 
CONCLUSION 
For the foregoing reasons, the parties respectfully request that the Court enter the 
attached protective order. 
Dated this 23rd day of October 2020. 
Respectfully submitted, 
 
 
 
 
 
 
 
 
Brian T. Moran 
 
 
 
 
 
 
 
United States Attorney  
 
 
 
 
 
 
 
 
s/ Brian Werner 
 
 
            
 
 
 
 
 
 
 
BRIAN WERNER 
 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
 
700 Stewart Street, Suite 5220 
 
 
 
 
 
 
 
Seattle, Washington 98101 
 
 
 
 
 
 
 
Telephone: (206) 553-7970 
 
 
 
 
 
 
 
E-mail: brian.werner@usdoj.gov 
 
Daniel S. Kahn  
 
 
 
 
 
 
 
Acting Chief, Fraud Section  
 
 
 
 
 
 
 
 
s/ Laura Connelly 
 
 
            
 
 
 
 
 
 
 
LAURA CONNELLY 
 
 
 
 
 
 
 
AMANDA R. VAUGHN 
 
 
 
 
 
 
 
Trial Attorneys 
 
 
 
 
 
 
 
1400 New York Avenue NW 
 
 
 
 
 
 
 
Washington, DC 20005 
 
 
 
 
 
 
 
Telephone: (202) 307-1423 
 
 
 
 
 
 
 
E-mail: laura.connelly@usdoj.gov  
 
 
Per email authorization: 
 
s/ Michael Nance 
 
 
            
MICHAEL NANCE 
Attorney for Eric Shibley 
 
 
 
Case 2:20-cr-00174-JCC     Document 38     Filed 10/23/20     Page 3 of 3

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