Court filing
PROTECTIVE ORDER re 40 as to Martin Kao (1) - Signed by MAGISTRATE… — PPP Attempt Conspiracy Legal Filings (Dkt. 43)
No. 1:21-cr-00061-JAO · Doc. 43 · Docket on CourtListener
Full text
Case 1:21-cr-00061-JAO Document 43 Filed 05/18/21 Page 1 of 5 PageID #: 173
JUDITH A. PHILIPS DANIEL S. KAHN
Acting United States Attorney Acting Chief, Fraud Section
District of Hawaii Criminal Division, U.S. Dept. of
Justice
CRAIG S. NOLAN THOMAS J. TYNAN
Assistant U.S. Attorney Trial Attorney
Room 6100, PJKK Federal Building U.S. Dept. of Justice
300 Ala Moana Blvd. Criminal Division, Fraud Section
Honolulu, Hawaii 96850 1400 New York Avenue, N.W.
Telephone: (808) 541-2850 Washington, D.C. 20005
Facsimile: (808) 541-2958 Telephone: (202) 768-1136
E-mail: Craig.Nolan@usdoj.gov E-mail: Thomas.Tynan@usdoj.gov
Attorneys for Plaintiff
UNITED STATES OF AMERICA
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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Case 1:21-cr-00061-JAO Document 43 Filed 05/18/21 Page 3 of 5 PageID #: 175
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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Case 1:21-cr-00061-JAO Document 43 Filed 05/18/21 Page 4 of 5 PageID #: 176
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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Case 1:21-cr-00061-JAO Document 43 Filed 05/18/21 Page 5 of 5 PageID #: 177
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.
DAT ED: May 18, 2021, at Honolulu, Hawaii.
UNITED STATES v. MARTIN KAO,-
Cr. No. 21-00061 JAO
"Protective Order"
9
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