Motion for a Protective Order Authorizing the Disclosure of Private Health Information, Sensitive Financial Information, and Personal Identification Information — United States v. Grenon (Dkt. 58, S.D. Fla.)

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The United States' motion for a protective order authorizing the disclosure of private health information, sensitive financial information and personal identification information in United States v. Joseph Timothy Grenon, Case No. 21-20242-CR, in the U.S. District Court for the Southern District of Florida, entered January 7, 2022 as Document 58. It states that the discovery to be produced to the defendant contains such information and asks the court, under the standing discovery order and Rule 16(d)(1), to enter the attached proposed protective order. It is served on the pro se defendant at the Miami Federal Detention Center.

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Case 1:21-cr-20242-CMA Document 58 Entered on FLSD Docket 01/07/2022 Page 1 of 6




                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA

                         CASE NO. 21-20242-CR-ALTONAGA/TORRES

  UNITED STATES OF AMERICA,

         v.

  JOSEPH TIMOTHY GRENON,

         Defendant.
                                                  /

    MOTION FOR A PROTECTIVE ORDER AUTHORIZING THE DISCLOSURE OF
    PRIVATE HEALTH INFORMATION, SENSITIVE FINANCIAL INFORMATION,
              AND PERSONAL IDENTIFICATION INFORMATION

         The United States of America moves this Court to enter a protective order regarding

  discovery to be provided to JOSEPH TIMOTHY GRENON (the “Defendant”). This discovery

  contains private health information, sensitive financial information, and personal identification

  information. In support of this motion, the United States submits the following:

         1.      On April 22, 2021, a federal grand jury sitting in the Southern District of Florida

  returned an Indictment charging the Defendant and his alleged co-conspirators with a multi-object

  conspiracy to (a) defraud the United States and its agencies, (b) commit an offense against the

  United States by introducing an unapproved new drug into interstate commerce, in violation of

  Title 21, United States Code, Sections 331(d), 355(a), and 333(a)(2), and (c) commit an offense

  against the United States by introducing a misbranded drug into interstate commerce, in violation

  of Title 21, United States Code, Sections 331(a) and 333(a)(2), all in violation of Title 18, United

  States Code, Section 371 (Count 1); and criminal contempt, in violation of Title 18, United States

  Code, Section 401(3) (Counts 2-3). (D.E. 16.)

         2.      On December 29, 2021, U.S. Magistrate Judge Chris M. McAliley issued the

  paperless Standing Discovery Order (“SDO”) requiring the United States to disclose to the

Case 1:21-cr-20242-CMA Document 58 Entered on FLSD Docket 01/07/2022 Page 2 of 6




  Defendant materials covered by the SDO. (D.E. 48.) The SDO requires the United States to

  provide the Defendant with documents and other items material to the preparation of the defense

  case, a requirement that is largely identical to the disclosure obligations imposed on the United

  States by Federal Rule of Criminal Procedure 16(a)(1)(E). (Id.)

         3.      The Defendant has elected to proceed pro se in his defense. (D.E. 50, 55.)

         4.      Much of the discovery in this case includes the disclosure of private health

  information that may be subject to the provisions of the Privacy Act, 5 U.S.C. § 552a, the

  provisions of 45 C.F.R. § 164.102-164.534, or the provisions of 42 U.S.C. § 1306. The private

  health information contained in the discovery material includes, among other things, individually

  identifiable health information such as patient health information.

         5.      Additionally, some of the discovery in this case contains sensitive financial

  information of individuals and entities, as well as personal identifying information of the

  Defendant and other non-party individuals. The sensitive financial information contained in the

  discovery material includes, among other things, bank account numbers, social security numbers,

  tax information, dates of birth, signatures, and residential addresses, of the Defendant and other

  non-party individuals.

         6.      Furthermore, some of the discovery in this case includes personal identification

  information, including names, social security numbers, dates of birth, and addresses, of the

  Defendant and other individuals, including witnesses.

         7.      Pursuant to the SDO and the United States’ discovery obligations, the United States

  seeks to disclose to the Defendant records and documents that contain this private health

  information, sensitive financial information, and personal identification information.        The

  discovery includes voluminous medical records, customer records, emails, and documents

  provided by banks that contain personal financial and identifying information. In order to comply

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Case 1:21-cr-20242-CMA Document 58 Entered on FLSD Docket 01/07/2022 Page 3 of 6




  with its discovery obligations, undersigned counsel must produce, or make available to inspection,

  those documents relating to private health information, sensitive financial information, and

  personal identification information. The documents and files in question are voluminous, and

  therefore redacting them for private health information, sensitive financial information, and

  personal identification information is impracticable. The instant motion and accompanying

  proposed protective order seek to achieve the purpose of prompt disclosure of discovery by the

  government to the Defendant while simultaneously protecting the privacy rights of witnesses and

  uninvolved third parties.

         8.      Accordingly, in order to ensure the protection of the above-described information

  and to avoid the disclosure of this information to other individuals, the United States requests that

  the Court enter the attached proposed protective order regulating disclosure of discovery as

  follows:

                 a. The Defendant shall hold the discovery materials in strict confidence, disclosing

         such materials only to the extent necessary to assist in his defense of this matter, and the

         Defendant may not post the discovery materials to the internet or publicly disseminate the

         materials in any other way;

                 b. The Defendant shall advise any person to whom the discovery materials are

         disclosed that, pursuant to this order, the materials must be held in strict confidence, and

         the recipient may not further disclose or disseminate the materials in any way, including

         by posting the information to the internet;

                 c. The Defendant shall maintain a log listing each person to whom the discovery

         materials are disclosed, which shall be available for the Court’s inspection as appropriate;

                 d. The Defendant shall obtain a certification from each person to whom the

         discovery materials are disclosed, in which the recipient: (1) acknowledges these

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Case 1:21-cr-20242-CMA Document 58 Entered on FLSD Docket 01/07/2022 Page 4 of 6




         restrictions as set forth in this order, and (2) agrees that he or she will not disclose or

         disseminate the materials without express consent of the Defendant, including by posting

         the information to the internet. The Defendant shall not disclose discovery materials to

         any person until that person has signed such a certification and provided the signed

         certification to the Defendant. The Defendant shall keep a copy of each certification to

         identify the individuals who received the discovery materials and the date on which such

         materials were first disclosed;

                 e. Violations of this order by the Defendant, or by any person to whom the

         Defendant discloses the discovery materials, may result in sanctions, contempt of court, or

         any other punishment which the Court may deem appropriate; and

                 f. The Defendant agrees that, upon conclusion of the above captioned case, copies

         of the discovery materials disclosed to the Defendant pursuant to the terms of this order

         shall be destroyed or returned to the United States.

                           ANALYSIS AND MEMORANDUM OF LAW

          A trial court “can and should, where appropriate, place a defendant and his counsel under

  enforceable orders against unwarranted disclosure of the material which they may be entitled to

  inspect.” Alderman v. United States, 394 U.S. 165, 185 (1969); see generally United States v.

  Anderson, 799 F.2d 1438, 1441 (11th Cir. 1986) (noting “courts often order[ ] that discovery

  information will remain private.”). Federal Rule of Criminal Procedure 16(d)(1) authorizes the

  Court to issue the proposed protective order by permitting courts to deny, restrict, or defer pre-trial

  discovery when a party can demonstrate the need for these types of actions. See Fed R. Crim. P.

  16(d)(1). The United States does not seek to deny, restrict, or defer the disclosure of information

  required by Rule 16 or the SDO. Instead, the United States only seeks to facilitate discovery, while

  protecting against the improper disclosure or use of any individual’s private health information,

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Case 1:21-cr-20242-CMA Document 58 Entered on FLSD Docket 01/07/2022 Page 5 of 6




  sensitive financial information, or personal identification information. The proposed protective

  order, attached as an exhibit hereto, would have no effect on the Defendant’s ability to prepare his

  defense and would protect the private health information, sensitive financial information, and

  personal identification information of numerous individuals, including witnesses. See, e.g., United

  States v. Fischel, 686 F.2d 1082, 1090 (5th Cir. 1982) (stating that “[d]iscovery in criminal cases

  is narrowly limited [and] makes no provision for the production of the names and addresses of

  witnesses”).

         WHEREFORE, the United States respectfully requests that this Court, pursuant to the SDO

  and Rule 16(d)(1) of the Federal Rules of Criminal Procedure, enter the attached proposed

  protective order concerning the disclosure of private health information, sensitive financial

  information, and personal identification information in connection with this case.



                                                  Respectfully submitted,

                                                  JUAN ANTONIO GONZALEZ
                                                  UNITED STATES ATTORNEY

                                            By:    /s/Michael B. Homer
                                                  Michael B. Homer
                                                  Assistant United States Attorney
                                                  Court ID No. A5502497
                                                  99 Northeast 4th Street
                                                  Miami, Florida 33132-2111
                                                  Tel: (305) 961-9289
                                                  Email: Michael.Homer@usdoj.gov




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Case 1:21-cr-20242-CMA Document 58 Entered on FLSD Docket 01/07/2022 Page 6 of 6




                                 CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that on January 7, 2022, I caused a true and correct copy of the

  foregoing to be delivered by U.S. Certified Mail to pro se Defendant Joseph Timothy Grenon at

  the Miami Federal Detention Center at 33 Northeast 4th Street, Miami, Florida 33132.

                                              /s/ Michael B. Homer
                                              Michael B. Homer
                                              Assistant United States Attorney




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