Criminal Complaint - United States v. Carter PPP fraud case (2022-10-03)
- Issuer
- U.S. District Court for the Eastern District of Michigan
- Document type
- Criminal Complaint
- Date
- 2022-10-03
- Case
- United States v. Carter
- Case number
- 2:22-mj-30125
Summary
A stipulation for a protective order regarding production of tax, financial and other records containing personally identifiable information, filed October 3, 2022 as ECF No. 19 in United States v. Java Carter, Criminal No. 22-MJ-30125, in the U.S. District Court for the Eastern District of Michigan, Southern Division. The stipulation states that the complaint alleges wire fraud relating to Paycheck Protection Program loans. The parties agree under Rule 16(d) of the Federal Rules of Criminal Procedure that defense counsel will limit sharing of protected discovery, not let the defendant retain copies, redact protected information before any filing, and certify return or destruction of discovery within 90 days after the case concludes. It is signed by the Assistant United States Attorney and defense counsel Vincent J. Haisha and ordered by Magistrate Judge Jonathan J.C. Grey.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 2:22-mj-30125-DUTY ECF No. 19, PageID.64 Filed 10/03/22 Page 1 of 6
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff, CRIMINAL NO. 22-MJ-30125
v.
D-1 JAVA CARTER,
Defendant.
_____ /
STIPULATION FOR A PROTECTIVE ORDER REGARDING
PRODUCTION OF TAX, FINANCIAL AND OTHER RECORDS
CONTAINING PERSONALLY IDENTIFIABLE INFORMATION [PII]
The United States of America, by its undersigned attorneys, and
D-1 JAVA CARTER, by his counsel, Vincent J. Haisha, hereby stipulate to
the entry of a Protective Order with respect to the production of
financial/banking records, insurance records, account numbers, personal
checks, identification documents, and various means of identification and
telecommunications information in this criminal proceeding [“Protected
Information”].
1. The complaint in this case alleges the offense of wire fraud arising
from a scheme to fraudulently obtain Paycheck Protection Program
[PPP] loans.
1
Case 2:22-mj-30125-DUTY ECF No. 19, PageID.65 Filed 10/03/22 Page 2 of 6
2. Another aspect of this investigation involves fraudulent insurance
claims for purportedly lost, stolen or destroyed cellular telephones.
3. During the course of the underlying investigation, the United
States obtained financial and banking records, identification
records, business records, and tax records from various sources, as
well as electronic records pertaining to ISP addresses, cellular
telephone accounts, subscriber information and electronic filing
information. All of these types of records include documents which
contain social security numbers, driver license/state identification
numbers, taxpayer identification numbers, dates of birth, financial
accounts and account numbers, home addresses and other
personal identification information [collectively, “PII”] that may relate
to both parties and non-parties.
THEREFORE, the parties stipulate and agree to the following:
1. This Court may enter protective orders pursuant to Rule 16(d) of the
Federal Rules of Criminal Procedure, and its general supervisory
authority.
2. This order pertains to all discovery provided to or made available to
defense counsel as part of discovery in this matter.
2
Case 2:22-mj-30125-DUTY ECF No. 19, PageID.66 Filed 10/03/22 Page 3 of 6
3. By signing this Stipulation and Protective Order, defense counsel
agrees not to share any documents that contain Protected
Information with anyone other than defense counsel, designated
defense investigators, support staff, or any other individuals
necessary for assisting the defense in the preparation and trial of
this matter. Defense counsel may permit the defendant to view
unredacted documents. The parties agree that defense counsel,
defense investigators, and support staff shall not allow the
defendant to copy and/or retain Protected Information contained in
the discovery. Under no circumstances may the defendant retain
copies of any documents tendered by the government as discovery
in this case which contains any PII outside the presence of the
defense counsel or other member of the defense team.
4. The discovery and information therein may only be used in
connection with the litigation of this case and for no other purpose.
The discovery is now and will forever remain the property of the
United States Government. Defense counsel will return the
electronic discovery to the Government at the conclusion of this
case and make reasonable efforts to permanently delete any copies
3
Case 2:22-mj-30125-DUTY ECF No. 19, PageID.67 Filed 10/03/22 Page 4 of 6
from their computer systems. Defense counsel may, in lieu of
returning the electronic discovery to the Government at the
conclusion of the case, destroy the electronic discovery by
shredding the media on which it was furnished such that the data
may never be accessed, and certify to the government, in writing,
that the evidence has been so destroyed. If any defense counsel,
defense investigator, or support staff has produced hard copies of
the discovery, the hard copies shall be shredded. Within 90 days
following the conclusion of the litigation in this matter, defense
counsel shall certify in writing to counsel for the United States that
all of the discovery documents have been returned, destroyed
and/or shredded.
5. In the event the defense seeks utilization of the discovery material
in any court filing, at trial or in another hearing in this matter, any
Protected Information must be redacted from the discovery prior to
its use. Any filings shall be filed in compliance with Rule 49.1 of the
Federal Rules of Criminal Procedure and the Electronic Filing
Policies and procedures of the United States District Court for the
Eastern District of Michigan.
4
Case 2:22-mj-30125-DUTY ECF No. 19, PageID.68 Filed 10/03/22 Page 5 of 6
6. Defense counsel shall be responsible for advising his respective
defendant, employees, and other members of the defense team of
the contents of this Stipulation and Protective Order. Any
unauthorized disclosure may constitute a violation of this Court=s
order.
7. In the event that the defendant substitutes counsel, undersigned
defense counsel agrees to withhold discovery from new counsel
unless and until substituted counsel agrees also to be bound by this
order.
WHEREFORE, for all the foregoing reasons, the parties respectfully
request that this Court enter a Protective Order allowing the government to
produce unredacted copies of banking and/or financial records and any
other records relevant to this case containing Protected Information to
defendant, through his counsel of record in this proceeding, and restricting
the use of the documents and information as provided above.
So stipulated and respectfully submitted,
DAWN N. ISON
United States Attorney
5
Case 2:22-mj-30125-DUTY ECF No. 19, PageID.69 Filed 10/03/22 Page 6 of 6
s/Craig A. Weier (P33261)
Assistant United States Attorney
211 W. Fort Street, Suite 2001
Detroit, MI 48226
Phone: (313) 226-9678
E-Mail: craig.weier@usdoj.gov
s/Vincent J. Haisha
Vincent J. Haisha
Flood Law PLLC
Attorney for Java Carter
155 W. Congress Street, Suite 603
Detroit, Michigan 48226
(248) 547-1032
E-Mail: vhaisha@floodlaw.com
Date: October 3, 2022
IT IS SO ORDERED.
s/JONATHAN J.C. GREY
HONORABLE JONATHAN J.C. GREY
UNITED STATES MAGISTRATE JUDGE
EASTERN DISTRICT OF MICHIGAN
DATED: OCTOBER 3, 2022
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