Stipulation for Modified Protective Order — United States of America v. Meelad Dezfooli (Dkt. 45, D. Nev.)

Summary

A stipulation for a modified protective order, filed and ordered December 7, 2022 as Document 45 in United States v. Meelad Dezfooli, Case No. 2:22-cr-00142-RFB-DJA, in the U.S. District Court for the District of Nevada. The parties ask the court to protect from public disclosure any documents, recordings or other items produced by the government in discovery that contain the confidential personal identifying information or federal taxpayer information of third parties. The modified order is intended to supersede an earlier protective order. It is signed for the United States by Assistant U.S. Attorney Eric Schmale and D. Zachary Adams of the Justice Department's Money Laundering and Asset Recovery Section, and for the defense by Assistant Federal Public Defender Brian Pugh, and was so ordered by Richard F. Boulware, United States District Judge.

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Case 2:22-cr-00142-RFB-DJA Document 45 Filed 12/07/22

JASON M. FRIERSON

United States Attorney

Nevada Bar Number 7709

ERIC SCHMALE

Assistant United States Attorney

501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101

Telephone: (702) 388-6336

Email: eric.schmale@usdoj.gov

BRENT S. WIBLE

Acting Chief, Money Laundering and Asset Recovery Section
Criminal Division, U.S. Department of Justice

D. ZACHARY ADAMS

Trial Attorney

1400 New York Ave NW

Washington, D.C. 20005

Telephone: (202) 514-1263

Email: david.zachary.adams@usdoj.gov

Attorneys for the United States

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

Page 1of5

UNITED STATES OF AMERICA, Case No. 2:22-cr-00142-RFB-DJA

Plaintiff, Stipulation for Modified Protective Order

Vv.

MEELAD DEZFOOLT,

Defendant.

The parties, by and through the undersigned, respectfully request and stipulate that

the Court issue a modified order protecting from disclosure to the public any documents,

recordings, or other tangible things produced by the Government during discovery that

contain the confidential personal identifying information and/or federal taxpayer

information of third parties referenced in the discovery. This proposed modified protective
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Case 2:22-cr-00142-RFB-DJA Document 45 Filed 12/07/22 Page 2of5

order is intended to supersede and replace the original protective order (ECF No. 32), in
order to allow the defendant to possess copies of certain protected information, as specified
in paragraph 9 below. The parties further state as follows:

1. On June 22, 2022, a federal grand jury indicted defendant MEELAD
DEZFOOLI in an eight-count sealed indictment, alleging Bank Fraud in violation of 18
U.S.C. § 1344(2), Concealment Money Laundering in violation of 18 U.S.C. §
1956(a)(1)(B)(i)), and Monetary Transactions in Criminally Derived Property in violation
of 18 U.S.C. § 1957. ECF No. 1. On July 11, 2022, defendant Dezfooli made his initial
appearance and plea and was arraigned in the District of Nevada. ECF No. 6.

2. Defendant’s current counsel entered his initial appearance on July 25, 2022
(ECF No. 26), and the parties subsequently stipulated to the original protective order,
which was granted by the Court on August 17, 2022. ECF No. 32. The Government
delivered discovery to defendant’s counsel on August 22, 2022.

3. Trial is currently scheduled for January 23, 2023. ECF No. 6.

4. The discovery produced in connection with this case contains extensive
personal identifying information of third parties, including names, addresses, and bank
account information. The release of such information to the public could endanger the
privacy of dozens of individuals and also subject them to potential misuse of their
identities.

5. The discovery produced in connection with this case also contains
confidential federal taxpayer information provided by the Internal Revenue Service in
accordance with 26 U.S.C. § 6103(1)(2) and being produced in discovery pursuant to 26

U.S.C. § 6103(i)(4)(B).
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Case 2:22-cr-00142-RFB-DJA Document 45 Filed 12/07/22 Page3of5

6. The confidential third-party personal identifying information and any
confidential third-party federal taxpayer information identified in paragraphs 4 and 5,
above, is referred to here as the “Protected Information.”

7. In order to protect the privacy of the third parties referenced in the discovery,
the parties intend to restrict access to Protected Information provided to the defense in
discovery to the following individuals: attorneys for the defendant, and any personnel that
the attorneys for the defendant consider necessary to assist in performing that attorney's
duties in the defense of this case, including investigators, paralegals, retained experts,
support staff, interpreters, and any other individuals specifically authorized by the Court
(collectively, the “Covered Individuals”).

8. The Covered Individuals shall be advised of the Protective Order, and,
without leave of Court, the Covered Individuals shall not:

a. use the Protected Information for any purpose other than preparing to
defend against the violations in the Indictment, or any superseding
indictment or further charges arising out of this case;

b. provide Protected Information to the custody and control of
individuals other than Covered Individuals; or

c. publicize any Protected Information, including by attaching any
Protected Information to any of the pleadings, briefs, or other court
filings except to the extent those pleadings, briefs, or filings are filed
under seal or properly compliant with LR IC 6-1.

9. The defendant shall only be permitted to review the Protected Information in
the presence of defense counsel who shall retain exclusive possession of the Protected

Information. Defense counsel will ensure that any discovery item left with Defendant is
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Case 2:22-cr-00142-RFB-DJA Document 45 Filed 12/07/22 Page4of5

fully redacted of any Protected Information. However, the defendant may possess
Protected Information that is provided by the Government and explicitly marked and
designated as “Authorized for Defendant’s Possession,” subject to the same restrictions as
Covered Individuals in possession of Protected Information.

10. Nothing in this stipulation is intended to restrict the parties’ use or
introduction of the Protected Information as evidence at trial or support in motion practice,
so long as the information is placed under seal or appropriate redactions are made in
accordance with LR IC 6-1.

11. The defense shall inform any person to whom disclosure may be made
pursuant to this order of the existence and terms of this Court’s order.

12. The parties reserve the right to seek to modify the terms of this protective
order at a later time pursuant to Federal Rule of Criminal Procedure 16(d)(1). Should a
reasonable need for this protective order cease to exist, on grounds other than a Covered
Individual or some other person violating or circumventing its terms, the Government will
move expeditiously for its dissolution.

13. Inthe event of an inadvertent disclosure of the Protected Information, the
party making or learning of the inadvertent disclosure will immediately:

a. Notify the person to whom the disclosure was made that it contains
Protected Information subject to a Protective Order;
b. Make all reasonable efforts to preclude dissemination or use of the
Protected Information by the person to whom disclosure was
inadvertently made;
///

///
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Case 2:22-cr-00142-RFB-DJA Document 45 Filed 12/07/22 Page5of5

c. Notify the Government and other parties of the identity of the person
to whom the disclosure was made, the circumstances surrounding the
disclosure, and the steps taken to ensure against further dissemination
or use of the information.

14. This Order supplants and replaces the protective order previously stipulated

by the parties and entered by the Court at ECF No. 32.

Respectfully submitted,
For the United States:

JASON M. FRIERSON
Acting United States Attorney

ERIC SCHMALE

Assistant United States Attorney
D. Zachary Adams

Trial Attorney

For the Defense:

/s/ Brian Pugh
BRIAN PUGH
Assistant Federal Public Defender
Attorney for DEFENDANT
DEZFOOLI

IT IS SO ORDERED:

December 7, 2022
RICHARD F. BOULWARE, I Date
United States District Judge


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